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HomeMy WebLinkAbout02-6075FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL[NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (21 S) S6~-7000 PRINCIFAL RESIDENTIAL MORTGAGE, [NC. 711 HIGH STREET DES MOINES, IA 50392-0780 Plaintiff GERALD L. MANHOLLAN, JR. 104 NORTH ENOLA DRIVE ENOLA, PA 17025 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. (32 -- k, t3?d' CUMBERLAND COUNTY Defendant(s) CIVIl, ACTION - [,AW COMPI,AINT IN MORTGAGP, FORI~,CI,F)SURK **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the follo~ving pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 001215613-9 JRK IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET DES MOINES, IA 50392~0780 The name(s) and last known address(es) of the Defendant(s) are: GERALD L. MANHOLLAN, JR. 104 NORTH ENOLA DRIVE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 2/20/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to LEBANON VALLEY NATIONAL BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1432, Page 976. By Assignment of Mortgage recorded 2/20/98 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 569, Page 507. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 7/1/02 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 6/1/02 through 11/I/02 (Per Diem $11.80) Attorney's Fees Cumulative Late Charges 2/20/98 to 11/1/02 Cost of Suit and Title Search Subtotal $54,898.25 1,817.20 1,250.00 221.60 550.00 $58,737.O5 Escrow Credit Deficit 0.00 Subtotal 295.29 TOTAL $59,032.34 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an/n rem Judgment against the Defendant(s) in the sum of $59,032.34, together with interest from 11/1/02 at the rate of$11.80 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FA~DERMAN AND PlltELAN, LLP FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL THAT CERTAIN lot or piece of la~d situate in East Pe~sboro Township. Cun~berla~d Count~, Per. sylvania, bounded md described as follows, to ~t: BEOINNING at t. point in ~e easterly line of ~ck Church R~ad ~t ~e dlsc~ce of ~5 feet mcasu~d nor~ ~dly Eong ~c e~t~ Hne of Brick Chur~ Road from fl~e no~crly Church Hoad ~.d e~ndtng ~encc no~w~dly 10 de~o~ 20 minute~ West, 22 be~c~ hou~ ,~n lot hereby conveyed md house on lot ~joining on ~e North, a dis~ce of 115 feet to a po .nt; ~ence Sou~ 10 de~ccs 20 m~te~ East, 22 fee: 6 inche~ HAVINO THERf;ON ERE~D a ~o ~to~ fr~c dwelling house l~own ~d numbered 104 N. Enola Drivc, ~r ~dck Church Road, Enola, UNDER ~D S~J~EC, NEVECHELESS, ~ ~e con~ons, resEc~ons, agrecments, ease- ments, ~gh~ o ~ way, encumbrmces ~d El other ~atters of r~cord, VERIFICATION TRACY MARTIN, hereby states that she is MANAGER OF FORECLOSURE of PRINCIPAL RESIDENTIAL MORTGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworu falsification to authorities. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-06075 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRINCIPAL RESIDENTIAL MORTGAGE VS MANHOLLAN GERALD L JR R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MANHOLLAN JR GERALD L but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On January attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Mileage Dep Dauphin County 10th , 2003 , this office was in receipt of the 18.00 9.00 10.00 10.35 25.50 72.85 01/10/2003 FEDERMAN & PHELAN Sheriff of Cumberland County Sworn and subscribed to before me this /~--- day of ~ ' / 2~ A.D. / ! Prothon0t~r~ ' Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County H~arrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:January 7, 2003 at COMPLAINT IN MORTGAGE FORECLOSURE ~/~HOLLANGEP~ALD L JR to DEF of the original : PRINCIPAL RESIDENTIAL MORTGAGE INC vs : MANHOLLAN GERALD L JR Sheriff's Return No. 0005-T - -2003 OTHER COUNTY NO. 02 6075 8:39AMserved the within upon by personally handing 1 true attested copy(ies) COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 220 HARRIS STREET HARRISBURG, PA 17102-0000 Sworn and subscribed to before me this 7TH day of JAN--Q, ARY, 2003 [ PROTHONOTARY So Answers, Sheriff of Dauphi,n ~ount,y, Deputy Sheriff Pa. Sheriff's Costs: $25.50 PD 01/03/2003 RCPT NO 173718 HUNTER tn The Court of Common Pleas of Cumberland County, Pennsylvania Principal Residential Mortgage Inc VS. Gerald L. Manhollan Jr. SERVE: s~e 02 6075 civil N0. Now, December 31, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within Affidavit of Service ,20 ,at o'clock M. served the upon at by handing to and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this day of ,20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET DES MOINES, IA 50392-0780 Plaintiff, V. GERALD L. MANHOLLAN, JR. Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-6075 CV PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against GERALD L. MANHOLLAN~ JR., Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 11/2/02 to 2/10/03 TOTAL $ 59,032.34 $ 1,191.80 $ 60,224.14 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. {FRANK FEpERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTItY FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (?15) 563-7000 PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff VS. Attomey for Plaintiff : COURT OF COMMON PLEAS · CIVIL DIVISION : CUMBERLAND COUNTY GERALD MAN-HOLLAN, JR. : NO. 02-6075 CV Defendant (s) TO: GERALD MAIqHOLLAN, JR. 220 HARRIS STREET HARRISBURG, PA 17102 DATE OF NOTICE: JANUARY 28, 2003 THIS FIRM. IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~'-F'rank Federman, Esquire Attorney for Plaintiff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717)255-2889 Jack Lotwick Shc~riff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:January 7, 2003 at COMPLAINT IN MORTGAGE FORECLOSURE MANHOLLAN GERALD L JR to DEF of the original : PRINCIPAL RESIDENTIAL MORTGAGE INC vs : MANHOLLAN GERALD L JR Sheriff's Return No. 0005-T - -2003 OTHER COUR~Y NO. 02 6075 8:39AMserved the within upon by personally handing 1 true attested copy(ies) COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 220 HARRIS STREET HARRISBURG, PA 17102-0000 Sworn and subscribed to before me this 7TH day of JANUARY, 2003 PROTHONOTARY So arlswers, Sheriff of Dauphin ~ounty, Deputy Sheriff Pa. Sheriff's Costs: $25.50 PD 01/03/2003 RCPT NO 173718 HUNTER PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. GERALD L. MANHOLLAN, JR. Defendant(s). No. 02-6075 CV TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount due Interest from 2/11/03 to 6/11/03 (per diem -$9.90) TOTAL $ 60,224.14 ,/ $ 1,197.90 and Costs $ 61,422.04 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN lot or piece of land situate in East P~nnsboro Town~htp, Cumberland County, Pennsylvania, bounded and described Ds follows, to wtt~ BEGINNING at a polnh In the easterly line of Stick Church Road, at the distance of 45 feat measured northwardly along the eastern line of Brick Church Road from the northerly extremity of the curve con~lectlng the northerly line of Perry Strait with the sa~d easterly lime of Brick Church Road, and extendlng thence northwardly l~ degrees, 20 minutes we~t 22 feet 6 Inches to a 9olnt~ thence North 79 degrees, 40 minutes East and through the centre of the partttlo~ wall between house on !at here~y conveyed and house on lot adJolnlng on the North a distance of ~15 feet to a point; thence South 10 degrees, 20 minutes East 22 feet 6 inch~s to a point and thence South 79 degrees 40 mtnutus West 115 feet to the place of BEGINNING. HAVING THEREON ereched a two-~tory frame dwelling house known and numbered 104 S~rlck Church Road, or Enola Dr~ve, Eno~a, Pennsylvania. SUBJECT to restrictions and conditions as contained in prior deeds. uNDER AND SUBJECT, NEVERTHELESS, to the condItlo,s, restrictions, agreements~ easements, rights of way, encumbrances, and all other matters of record. TAX PARCEL # 09'14-0832-240 TITLE TO SAID PREMISES IS VESTED IN Gerald L. Man_ho]lan, Jr. by Deed from Keith B. Jacobs and Monica L. Jacobs, his wife dated 2/20/1998, recorded 2/20/1998, m Record Book 172, Page 381. PREMISES: 104 NORTH ENOLA DRIVE. ENOLA, PA 17025 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-6075 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff (s) From GERALD L. MANHOLLAN, JR. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as garnishee and is enjoined as above stated, a Amount DueS60,224.14 L.L.$.50 Interest FROM 02/11/03 TO 6/11/03 (PER DIEM-S9.90) $1,197.90 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $154.85 Other Costs PIaintiffPaid Date: FEBRUARY 10, 2003 (Seal) REQUESTING PARTY: Name Frank Federman, Esq. Address: One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: 215-563-7000 CURTIS R. LONG Prothonotary '¢'/ Deputy ' Supreme Court ID No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 1215) 563-7000 PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET Plaintiff, V. GERALD L. MANHOLLAN, JR. Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-6075 CV VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant GERALD L. MANHOLLAN, JR. is over 18 years of age and resides at, 220 HARRIS STREET, HARRISBURG, PA 17102. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. GERALD L. MANHOLLAN, JR. Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-6075 CV CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. GERALD L. MANHOLLAN, JR. Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-6075 CV AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) PRINCIPAL RESIDENTIAL MORTGAGE~ INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~104 NORTH ENOLA DRIVE~ ENOLA~ PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GERALD L. MANHOLLAN, JR. 220 HARRIS STREET HARRISBURG, PA 17102. 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of everyjudgmem creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Salne MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR HOUSEHOLD FINANCE CORPORATION Last Known Address (if address cannot be reasonably ascertained, please indicate) P.O. BOX 2026 FLINT, MI 48501-2026 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Nanqe Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 104 NORTH ENOLA DRIVE ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 7, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. GERALD L. MANHOLLAN, JR. Defendant(s). TO: GERALD L. MANHOLLAN, JR. 220 HARRIS STREET HARRISBURG, PA 17102. CUMBERLAND COUNTY No. 02-6075 CV February 7, 2003 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED kVILL BE USED FOR THAT PUP, POSE. IF YOU HA VE PRE VIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at ~ 104 NORTH ENOLA DRIVE, ENOLA, PA 17025, is scheduled to be sold at the SherifFs Sale on JUNE 11~ 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $60,224.14 obtained by PRINCIPAL RESIDENTIAL MORTGAGE~ INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SAI,F, To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are flied with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN lot or piece of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit~ BEGINNING at a point in the easterly line of Brick Church Road, at the distance of 45 feet measured northwardly along the eastern line of Brick Church Road from the northerly extr~mlty of the curve conl]ectlng the northerly line of Perry Strict with the eafd easterly line of Brick Church Road, and extend!nB thence northwardly 10 degrees, minutes wast 22 feet 6 inches to a polnt~ thence North 79 degrees, 40 minutes East and through the centre of the partition wall between house on lot hereby conveyed and house on lot adjoining ox the North a distance of 115 feet to a point; thence South I0 ds~reea, 20 minutes East 22 feet 6 lnche~ to a point and thence South 79 degrees 40 West I~5 fe~t to the place of BEGINNING. HAVING THEREON erected a two-~tory frame dwelling house known and numbered 104 Stick Church Road, or Enola Drive, Enola, Pennsylvania. SUBJECT to restrictions and conditions as contained in prior deeds. uNDER AND SUBJECT, NEVERTHELESS, to the conditions, restrictions, agreements~ easements, rights of way, encumbrances, and all other matters of r~cord. TAX PARCEL # 09-14-0832-240 TITLE TO SAID PREMISES IS VESTED IN Gerald L. Manho]lan, Jr. by Deed from Keith B. Jacobs and Monica L. Jacobs, his wife dated 2/20/1998, recorded 2/20/1998, in Record Book 172, Page 381. PREMISES: 104 NORTH ENOLA DRIVE, ENOLA, PA 17025 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION PRINCIPAL RESIDENTIALMORTGAGE, INC. VS. CUMBERLAND COUNTY No.: 02-6075-CV GERALD L. MANHOLLAN, JR. MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Frank Federman, Esquire, moves this Honorable Court for an Order directing service of the Notice of Sale upon the above captioned Defendant(s) by certified mail and regular mail to Defendant's last known address. 1. Attempts to serve the Defendant(s) with the Notice of Sale have been unsuccessful, as indicated by the Affidavit of Service attached hereto as Exhibit "A." 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the result there from is attached hereto as Exhibit "B." WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Notice of Sale by certified mail and regular mail to Defendant's last known address'.. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE DENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PRINCIPAL RESIDENTIALMORTGAGE, INC. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 02-6075-CV VS. GERALD L. MANHOLLAN, JR. MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. GOnzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption Of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) ~quires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Affidavit of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Notice of Sale. A good faith effort to discOver the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Good Faith Investigation, marked Exhibit "B." WHEREFORE, Plaintiff respectfully requests service of the Notice of:Sale by certified mail and regular mail to Defendant's last known address. Respectfully submitted: FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF EXHIBIT A Plaintiff: Defendant(s): GERALD L. MANHOLLAN, JR. AFFIDAVIT OF SERVICE PRINCIPAL RESIDENTIAL MORTGAGE, INC. CUMBERLAND County No 02-6075 CV Address: 220 HARRIS STREET HARRISBURG, PA 17102 Type of Action - Notice of Sheriff's Sale Sale Date: 6/11/03 FTM **PLEASE ATTEMPT SERVICE AT IHS ADDRESS IN DAUPHIN COUNTY** SERVED Served and made known to at , o'clock __.m., at described below: Defendant, on the , Commonwealth of day of , in the manner ,200_, ~Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is ~Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age ~ Height Weight ~ Race Sex. Other I, ., a competent adult, being duly sworn according to, law, depose and state that I personally handed a tree and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this __ day of ,200_. Notary: By: On the ~Z/( dayof Moved Unknown Other: 1 ST ATTEMPT Sworn to and subscribed be~.o(e/[ne tl~s ,~_3~' day /) ,20 Notary: L//0y//t/ln~O-flT. WA0.A/~t~ By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station-Suite 1400 Philadelphia, PA 19103 (215) 563-7000 NOT SERVED ,200 ~_~., at ~ .' ~ ~ o'clock _~.m., Defendant NOT FOUND because: __ No Answer Vacant _2~v ATTEMPT 3P'v ATTEMPT NOTARIAL SEAL. DONNA M. WIERMAN, Notary Public Susquehanna Twp., Dauphin County My Commission Expires Ju!y 28, 2005 EXHIBIT B DEFAULT EXPRESS SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 03-7947 Attorney Firm: Federman & Phelan Subject: Gerald L. Manhollan, Jr. Current Address: 220 Hams St. Harrisburg, PA 17102 Property Address: 104 N. Enola Dr. Enola, PA 17025 Mailing Address: 220 Hams St. Harrisburg, PA 17102 I Steven M. Ruffo, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) on 3/25/06 and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following to be true and correct Gerald L. Manhollan, Jr. - 209-54-3812 B. EMPLOYMENT SEARCH Gerald L. Manhollan, Jr. - A review of the credit report provided no employment information. C. INQUIRY OF CREDITORS On 3/25/06 our inquiry with the creditors indicate that Gerald L. Manhollan, Jr. reside(s) at: 220 Harris St. Harrisburg, PA 17102 II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 3/25/06 our office contacted directory assistance which indicated that Gerald L. Manhollan, Jr. reside(s) at: 220 Harris St. Harrisburg, PA 17102 - non published. Our office could not reach the mortgagor due to the non published number. III. INQUIRY OF NEIGHBORS Using our whitepages database we were unable to verify the current address with a neighbor. IV. INQUIRY OF POST OFFICE A. NATIONAL ADDRESS UPDATE Our inquiry with the national address database on 3/25/06 indicates the following is correct: Gerald L. Manhollan, Jr. - 220 Harris St. Harrisburg, PA 17102 B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry with the creditors on 3/25/06 the following is an active mailing address: no addresses on file. V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per the Pennsylvania Department of Motor Vehicle Gerald L. Manhollan, Jr. has a valid identification registered with the state. VI. OTHER INQUIRIES A. DEATH RECORDS As of Feb. 1, 2003 Vital Records has no death record on file for Gerald L. Manhollan, Jr.. B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC.) Our office conducted a check on 3/25/06 for public licenses and found the following: no record on file. C. COUNTY VOTER REGISTRATION The Cumberland Cnty Voter reg has a registration for Gerald L. Manhollan, Jr. D. INTERNET All accessible public databases have been checked and cross-referenced for the above named individual(s). E. TAX ASSESSMENT OFFICE On 3/25/06 our office conducted a search of the following tax records which showed the following: not applicable VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Gerald L. Manhollan, Jr. - 12/12/68 B. A.K.A. none The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. I hereby verify that the statements made herein are lxue and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. AFFIANT Steven M. Ruffo Default Express Services, INC. President Sworn to and subscribed before me this 25 day of__Mar 2003 NOTARIAL SEAL Jocelyn Ruffo Notary Public State of New Jersey My Commission Expires Mar. 21, 2007 DEFA UL T EXPRESS SER VICES', INC 43 WILSON DRIVE SICKLER VILLE, NJ 08081 PHONE: (856) 740-5027 D EFA UL TEXPRESS@ COMCAST. NET VERIFICATION FRANK FEDERMAN, ESQUIRE, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF THE NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT are tree and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAiNTIFF FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PRINCIPAL RESIDENTIALMORTGAGE, INC. VS. GERALD L. MANHOLLAN, JR. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 02o6075-CV CERTIFICATION OF SERVICE I, FRANK FEDERMAN, ESQUIRE, hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individuals indicated below on April 4, 2003. GERALD L. MANHOLLAN, JR. 220 HARRIS STREET HARRISBURG, PA 17102 FRANK FEDERMAN, ESQUIRE Attorney tbr Plaintiff Date: April 4, 2003 APR 0 8 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PRINCIPAL RESIDENTIALMORTGAGE, INC. VS. GERALD L. MANHOLLAN, JR. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAaND COUNTY No.: 02-6075-CV ORDER AND NOW, this //" day of ~n~ ,2003, upon consideration of Plaintiffs Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED. that Plaintiff may obtain service of the Notice of Sale on the above captioned Defendant(s), GERALD L. MANHOLLAN, JR., by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to Defendant's last known address. Service of the aforementioned mailings is effective upon the date of mailing and is to be done, by Plaintiff's attorney, who will file with the Prothonotary's Office an Affidavit of service. BY THE COUK? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: PRINCIPAL RESIDENTIAL MORTGAGE, INC. ) ) CIVIL ACTION VS. GERALD L. MANHOLLAN, JR. ) CIVIL DIVISION ) NO. 02-6075 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for PRINCIPAL RESIDENTIAL MORTGAGE, INC. hereby verify that on 2/12/03 & 4~22~03 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: May 19, 2003 ~'F~UIRE Attorney for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEY FOR PLAINTIPF PRINCIPAL RESIDENTIAL MORTGAGE, INC. VS. GERALD L. MANHOLLAN, JR. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-6075 VER [FILE, A TION I hereby certify that a tree and correct copy of the Notice of Sheriffs Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to the following person(s) GERALD L. MANHOLLAN, JR. on 5/6/03 at 220 HARRIS STREET, HARRISBURG, PA 17102 in accordance with the Order of Court dated, 4/11/03. The undersigned understands that this statement is made subject to the penalties of 18 PA. C.S. s4904 relating to unswom falsificaton to authorities. .... 'F-RANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTI~'F DATE: May 19, 2003 7160 3901 9844 2421 1819 · FO: GERALD L. MANHOLLAN, JR. 220 HARRIS STREET HARR/SBURG, PA 17102 SENDER: KMD/FTM REFERENCE: MANHOLLAN SERVICE ?,~,,u.eo tee ~Return Receipt Fee LRestri.cted Delivery . US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for Internalional Mail COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND j~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Principal Residential Mt~ Inc is the grantee the same having been sold to said grantee on the 1 lth day of June A.D., 2003, under and by virtue of a writ Execution issued on the 10th day of Feb, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, ;2002 Number 6075, at the suit of Principal Residential Mt~ Inc against Gerald L Manhollan Jr is duly recorded in Sheriff's Deed Book No. 257, Page 4324. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this / ~ day of , A.D. 2003 /~¢~.~~~order of Deeds Principal Residential Mortgage, Inc. VS Gerald L. Manhollan, Jr. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-6075 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made a diligent search and inquiry for the within named defendant, to wit: Gerald L. Manhollan, Jr., but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania, to serve the within Real Estate Writ, Notice and Description according to law. DAUPHIN COUNTY RETURN: I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Gerald L. Manhollan, the defendant named in the within Complaint and that I am unable to find him in the County of Dauphin, and therefore return same NOT FOUND, February 20, 2003. Per Rob Winters, defendant is his tenant. Defendant is in Corpis Christi, Texas and it is unknown if he is returning. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2003 at 4:11 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Gerald L. Manhollan, Jr. located at 104 North Enola Drive, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 11, 2003 at 10:00 o'clock A.M. He sold the same for the sum orS1.00 to Attorney Frank Federman for Principal Residential Mortgage, Inc.. It being the highest bid and best price received for the same, Principal Residential Mortgage, Inc. of 711 High St., Des Moines, IA 50392-0780, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $747.14, it being costs. Sheriffs Costs: Docketing $30.00 Poundage 14.65 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 10.35 Certified Mail Levy 15.00 Surcharge 20.00 Out of County 9.00 Dauphin County 25.50 Law Journal 270.05 Patriot News 225.85 Share of Bills 25.24 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 781.64 Sworn and subscribed to before me So A~sw~,s: This ~-_ day of(~/,.~ R. Thomas Kline, Sheriff 2003, A.D. ~,~,~ ~ )~t,>~,, ,,~ , _, , ~Pr6thonotary '' Real Estate' Deputy ,~ 3o.c~o ~ I.S° Real Estate Sale # 28 On February 12, 2003 the sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA known and numbered as 104 North Enola Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 12, 2003 Real Estate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss gALE #28 JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general cimulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of April and the 6th day(s) of May 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. CO PY ~worn To and ~l~/~d'bulu,= .,=~JJ::~s 14th day o~y 2~. J MY ~m'~on E~r~ June 6, 2~I NO~RY/P~BLiC ' ~m~r, Pennsybania Ass~ia~ ~ ~s My commission expires June 6, 2006 lad CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND ~N'FY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 224.10 $ 1.75 $ 225.85 Publisher's Receipt for Advertising Cost . Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general /ledge receipt of the aforesaid notice and publication costs and certifies that the same have I?025~ Enola ~v~, Enola, PA PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 25, MAY 2, 9, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2002-6075 Civil principal ~slden~ MorgUe, Inc, ~r~d L. M~o~, Jn AtW.: Fr~k Fede~ ~L ~T cEHT~N lot or piece of l~d sit.re ~ Eas~ pe~s~ro TownshiP, Cumberland County, pennsylvania, bounded and de- seabed ~ fo~o~, W ~: BEGINNING at a point in the ~terly ~e of B~ck Ch~ch R~d. at ~e dls~ce of 45 feet me~d notedly ~ong ~e e~tem ~e of B~ck Ch~ch ~ ~m ~e no~- erly ~e~W of ~e cu~e co~ect- ~g ~e no~erly ~e o{ Pe~ nor~w~dlY 10 de~ees, 20 wes~ 22 feel 6 ~ncheS ~o a thence Nor~ 79 deg~es, 40 ~- u~es E~t ~d ~u~ ~e cen~ of ~e p~on ~ be~een house on lot hereby conv~ed ~d house on lot adjo~g on the No~ a dis~ce of 115 feet to a ~t; ~ence Sou~ 10 degrees. 20 mlnates East 22 feet 6 ~ch~ W a po~t ~d ~ence South 79 degrees 40 ~utes West 115 fee~ W the p~ce of BEGI~ING. sto~ fr~e dwell~g house ~o~ ~d numbered 104 Brick Church ~ad, or Enola D~ve, Enola, Pe~- S~ W res~cao~ ~d con- dl~ons ~ ~nt~ed ~ p~or deeds. ~DER ~ s~ECT, ~LESS, to the condl~o~, rest~c- of ~Y, enc~b~S, ~d ~ o~er ~/Lisa Marie ~fiyne, Editor SWORN TO AND SUBSCRIBED before me this 9 .day of MAY, 2003_ with the said easterly line of Br/ck Church Road. and extending thence northwardly 10 degrees, 20 ratnutes west g2 feet 6 inches to a point: thence North 79 degrees, 40 mtn- utes East and through the centre of the partition wall between house on lot hereby conveyed and house on lot adjointng on the North a distance of 115 feet to a point; thence South 10 degrees, 20 minutes East 22 feet 6 inches to a point and thence South 79 degrees 40 minutes West 115 feet to the place of BEGINNING. HAVING THEREON erected a two- story frame dwelling house known and numbered 104 Brick Church Road, or Ignola Drive, Enola, Penn- sylvania. SUBdECT to restrictions and con- dltions as contained tn prior deeds. UNDER AND SUBJECT, NEVER- THELESS. to the conditions, restric- tions, agrecmcnt~, easements, rights of way. encumbrances, and all other matters of record. TAX PARCEL #09~14-0832-240. TITLE TO SAID PREMISES IS VESTED IN Gerald L. Manhollan, dr. by Deed from Keith B. Jacobs and Mothca L. Jacobs. hts wife dated 2/20/1998. recorded 2/20/1998. ilo Record Book 172, Page 381. PRF~MISES: 104 NORTH ENOLA DIRIVE, ENOLA~ PA 17025.