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HomeMy WebLinkAbout02-5898Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC. One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Mortgage Electronic Registration Systems, Inc., David Clark Jennifer Clark 311 South Frederick Street Mechanicsburg, PA 17055 PLAINTIFF, DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT - CIVIL ACTION NOTICE TO DEFEND NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following 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 of 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 AvIso LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, ustcd tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notifica¢ion. Hate falta asentar una comparen¢ia escrita o en persona o con un abogado y entreg~ a la torte en forma escrita sus defensas o sus objecciones a las dem~mdas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta dcmanda. Usted pued¢ perder dinero o sus edades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDiATAMENTE. SINO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTANCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC. One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 A~om~or Plaintiff Mortgage Electronic Registration Systems, Inc., Vo David Clark Jennifer Clark 311 South Frederick Street Mechanicsburg, PA 17055 PLAINTIFF, DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Mortgage Electronic Registration Systems, Inc., through its attorney, Richard M. Squire, Esquire, brings this action in mortgage foreclosure upon the following cause of action: 1. Plaintiff, Mortgage Electronic Registration Systems, Inc. ("Plaintiff'), is a corporation with a principal place of business at 4 Hutton Centre Drive, Suite 1025, Santa Ana, CA 92707. 2. Plaintiff, is or will be, the owner of legal title to the mortgage that is subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: Household Mortgage Corporation c/o Land America Default Service, 4 Hutton Drive, Suite 1025 Santa Ana, CA 92707. 3. The Name and mailing address of each Defendant is: David Clark, 311 South Frederick Street, Mechanicsburg, PA 17055. Jennifer Clark, 311 South Frederick Street, Mechanicsburg, PA 17055. On 12/15/1999 David Clark and Jennifer Clark made, executed and delivered a mortgage upon the premises hereinafter described to Decision One Mortgage Company, LLC, which mortgage is recorded in the Office of the Recorder of Cumberland County, in Mortgage Book No. 1591, Page 490. By Assignment of Mortgage recorded 12/3/2001 the mortgage was assigned to Plaintiff, which Assignment is recorded in Assignment of Mortgage Book 682, Page 3901. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original mortgagee, or is the present holder of the Mortgage by virtue of the above-described assignments. Each Mortgagor named in paragraph 3 above executed a note as evidence of the debt secured by the Mortgage (the "Note"), and is incorporated herein by reference as though fully set forth at length. The real property which is subject to the Mortgage is generally known as 311 South Frederick Street, Mechanicsburg, PA 17055, (the "Mortgaged Premises"). The legal description of the Mortgaged Premises is attached hereto and marked as Exhibit "A" and is incorporated herein by reference as though fully set forth at length. The interest of each individual Defendant is as Mortgagor, Real Owner or both. If any Defendant above-named is deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through his/her estate, however, the estate of said Defendant is hereby released from liability for the debt secured by the Mortgage. 10. The Mortgage is in default because the monthly payment of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of 05/20/2002 and have not been paid. Upon failure to make such payments when due, the whole of the principal, together with the charges specifically itemized below, are immediately due and payable. The following amounts are due as of December 6, 2002: Principal of Mortgage debt due and unpaid $69,471.25 Interest due and owing from 04/20/2002 to 12/6/02 at 11.31%, $21.53 per diem 4,951.90 Plus Late Charges of $34.25 per month, assessed on the 11 th day after payment is due ttorney s Fees 683.40 3,473.56 TOTAL $78,580.11 11. Interest accrues at a per diem rate of $21.53 and late charges accrue at a monthly rate of $34.25, assessed on the 11th day payment is past due for each date after the payment due date, and Plaintiff may incur additional attorney's fees and costs as well as other expenses, costs and charges collectable under the Note and Mortgage. 12. Notice of intention to Foreclose pursuant to 41 P.S. § 403 and Notice pursuant to the Homeowner's Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, _et seq~ was mailed to each individual Defendant via regular and certified mail, return receipt requested, on 08/05/2002. WHEREFORE, Plaintiff demands judgment against Defendants David Clark & Jennifer Clark, for foreclosure and sale of the Mortgaged Premises in the amounts due as set forth in paragraph 09, namely $78,580.11 plus the following amounts accruing after 12/6/02, to the date of judgment: (i) interest at a per diem rate of $21.53; (ii) late charges of $34.25 per month assessed on the 1 Ith day payment is past due; and (iii) additional attorney's fees hereafter incurred and costs of suit. Date: _12/6/02 ~Rich~M..2~u~e, ~squi$e/ One"Jenkintown Stati/on~, Suite 104 115 West Avenue Jenkintown, PA 19046 215-886-8790 Attorneys for Plaintiff UNLESS YOU NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIS LETTER THAT THE DEBT, OR ANY PART OF IT, IS DISPUTED, WE WILL ASSUME THAT THE DEBT IS VALID. IF YOU DO NOTIFY US OF A DISPUTE, WE WILL OBTAIN VERIFICATION OF THE DEBT AND MAIL IT TO YOU. ALSO UPON YOUR WRITTEN REQUEST WITHIN THIRTY (30) DAYS, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT CREDITOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL PURPOSE. BE USED FOR THAT VERIFICATION Richard M. Squire, hereby states that he is the attorney for the Plaintiff, a corporation, unless designated otherwise; that he is authorized to make this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. y mr Plaintif~ Date: 12/6/02 Ail THAT CERTAIN House and Lot of Ground situate on the East side of South Frederick Street. in the First Ward of the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: sB.E _GI_NNING at Lot now or formerly of the heirs of Mrs. Anna M. ~ad South Frederick Sb'ee Sours on South Fre ' · t, Northward 31 00 fee mom · derick Street; thence ak) from the curb I~ne 130 00 fee - t. or less, to H~II AIle; thence a' rig Westsid · ' t, rnore or less to Lot forme ofDr L ' y -k~ngsaid -'Mey, Eastwar~l e of said Lot, 25.50 or ' fly · , P. O Neal; thence · . feet, or less, to Lot now . Sothhward ak) the ~" aforesaid, thence Westward said Lo or formerly of the he,rs of Mrs Anna M Sou ng along t, 130.00 fee mo · . rs, Street. aforesaid, at the point and place of BEGINNIN~ re or less, to the curb line of South Frederick HAVING thereon erected a single family dwelling known as NO. 311 South Frederick StreeL Richard M. Squire, Esquire Richard M. Squire & Associates, LLC Attorney ID#04267 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 (215) 886-8790 Fax: (215) 886-8791 Attorneys for Plaintiff Mortgage Electronic Registration Systems, Inc. PLAINTIFF, Vo David Clark Jennifer Clark DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-5898 Civil CIVIL ACTION MORTGAGE FORECLOSURE PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary: Kindly reinstate the Complaint filed on December 11, 2002 for the above-captioned matter. Thank you for your attention to this matter. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05898 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELEC REG SYS INC VS CLARK DAVID ET AL 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: CLARK DAVID but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On January 30th , 2003 , this office was in receipt of the attached return from YORK Sheriff,s Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Mileage 6.90 Dep York County 61.04 104.94 01/30/2003 RICHARD SQUIRE ~heriff of C~mberland County Sworn and subscribed to before me this ~ day of y~ 2 0~13 A.D. Prothonotar~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05898 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELEC REG SYS INC VS CLARK DAVID ET AL 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: CLARK JENNIFER but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On January 30th , 2003 , this office was in receipt of the attached return from YORK Sheriff,s Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 0 /B0/200B RICHARD SQUIRE Sworn and subscribed to before me this ~ day of ~~ ~ A.D. Prothonotarp So answer . -~ ......... Sheriff of Cumberland County YORKTOWNE BUSINESS FOMRS · {717) 225-0363 · FAX (717) 225-0367 COUNTY OFYORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SERVICE CALl, (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY LINE I THRU 12 DO NOT DETACH ANY COPIES 1. PLAINTIFF/S/ 3. DEFENDANT/S/ SERVE { 2. COURTNUMBER Mortgage Electronic Registration Systems Inc. I 02-SRgR ~ivil 4. TYPEOFWRITORCQMPVAI~T , Notice & C~uplalnt %n David Clark et al IMortga§e Foreclosure 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPbN I ? TO BE LEVIED, A~ACHED, OR SOLD· David Clark 6. ADDRESS (STREET OR RFC WITH BOX NUMBER, APT. NO., CITY, BORe, TWP., STATE AND ZIP CODE) AT 1 East York Street Dill.~burq, PA 17019 7. INDICATE SERVICE: r~ PERSONAL r~ PERSON IN CHARGE ~(DEPUTIZE ,~.C_t~:t~.r['~A.~r~ J 1ST CLASS MAIL ~1 POSTED ~1 OTHER NOW January 13 ,20 Q~ I, SHERIFF O-F'-'~(~0NTY, PA, do hereby deputize the sheriff of York COUNTY to execute thi~ return therep~¢~, rding to law. This deputization being made at the request and riskof the pla~nbff.' ' 7~ ,..-.~.Ri~;F~O~U~~]_z~,..>:~ ¥..~; .~,¢'~ :,~'~ ' - 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ADVANCED FEE PAID BY ATTY OUT OF COUNTY CUMBERLAND C~nber~ and NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff hereie for any loss, destruction, or removal of any property before sheriff's sale thereof. 11. DATE FILED 215-886-8791 ~-13-03 9. TYPE NAME and ADDRESS of Alq-ORNEY / ORIGINATOR and SIGNATURE } 10. TELEPHONE NUMBER RICHARD M. SQUIRE 1 JENKINTOWN STATION, gTE 104 115 WEST AVE 12. SENDf'J~)~t~)C:'~E'~I[~C(~f~T(~I~V~JAND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND C0 SHERIFF SPACE BELOW FOR USE OF THE SHERIFF -- DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of the writ or complaint as indicated above. R. AHRENS ~' 16 HOW SERVED: PERSONAL ( ) RESIDENCE ( ~ POSTED ( ) POE ( ) 14. DATE RECEIVED I 15, Expiration/Hearing Date 1-14-n~ ~ ~ ~-n~ SHERIFF'S OFFICE ( ) OTHER (~ / S~=~-RE-M-ARKS BELOW 17. r~ I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. name above· (See remarks below.) l& ~AME AND TITLE OF I NDIVI~)UAL S. IERVED / MST ADD, W~SS HERE F NOT SHOWN ABOVE (Relationship to Defendant) 19. B~te of ~ervice I 20. ~me of Service t 4{-h I 2~. ~'Iq'EM~ {I~..~M~I Date ~]me~' Int. IDate ]]me Miles Int. ]Date ~me Miles Int. IDate Time J~Vtiles ,Int IDae ' . 22. REMARKS: 23. Advance Costs 75,00 24. Service Costs 25. N/F 126, Mileage 27. Postage 28. Sub Total 24.00 35.04 59.04 29. Pound 30. Notary 31. Surchg. 2.00 32. Tot. Costs 33. Costs Due 61.04 13.96 ~eck No. 41 AFFRMEDandsubscfibedtebeforemeths ~ 23 I t ~ ~ ,,~;;IANSWEI~ , · .1ALU _ ,.~.,~ . ~__...,o,..4.4~Signature~L..,~ j ' 4 . - 42. dayof ~~"IA~~~T[RYI .~P, Sheri~ ~ ~ ~ ~ ~r~~ ~I~ f¢~I _ I ..~, ,~ca .I SHAFFER, ~"'¢~--'~-' ~Signatur~ofYo~/ 'E /~/.~..~ / ~ ~/.//_ 148. Si,.~,~reof~oreig. 49.~ / / //~~ ~ ~/~~ ] CountyShedff [ s~ ~ AC~W~E RSCBPT OVTH~H~F¢'S/~RN S~NATUR~ S~. DATE R~CBVED OF ~UTHORIZED ISSUING AUTHORI~ AND TITLE 1 WHITE - Issuing Authority 2~ PINK - A~omey 3. CANARY - Sheriffs ~ce 4. BLUE - Sheriffs ~ YORKTOWNE BUSINESS FOMRS · (717) 225-0363 ° FAX (717) 225-0367 COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. pLAINTIFF/S/ 3. DEFENDANT/S/ INSTRUCTIONS PLEASE TYPE ONLY LINE I THRU 12 DO NOT DETACH ANY COPIES 2. COURT NUMBER 02-5898 civil Mortgage Electronic Registration Systems Inc 4. TYPE OF WRIT OR COMPLAINT Notice an~ Ccmplaint in David Clark et al 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO"~E LEVIED, ATTACHED, OR SOLD. Jennifer Clark 6. ADDRESS (STREET OR RFC WITH BOX NUMBER, APT NO., CITY, BORO, TWR, STATE AND ZIP CODE) 1 F,~t York Street D~11~burq, PA 17019 7. INDICATE SERVICE: r~ PERSONAL LI PERSON IN CHARGE X~ DEPUTIZE CJi~T~r-~A~Jfl~ O 1ST CLASS MAIL r~ POSTED L] OTHER NOW January 13 ,20 03 I, SHERIFF OF~ COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute th~?~e return ther.e?.~ording to law. This deputization being made at the request and r sk of the plaintiff. SliER FF 8, SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: CL~'Derlancl ADVANCED FEE PAID BY ATTY OUT OF COUNTY CUMBERLAND NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPENAMEandADDRESSofA~q-ORNEY/ORIGINATORandSIGNATURE 10. TELEPHONE NUMBER 11. DATEFILED RICHARD M. SQUIRE 215-RR6-R791 1-1 ~-fIR 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF -- DO NOT WRITE BELOW THIS LINE I acknowledge receipt of the writ ~ /~ ~t-.I FN ~ / 14. DATE RECEIVED 15. Expiration/Hearing Date 13, orcomplaintasindicatedabove. / ........ ... / 1-14-03 2-12-03 16. HOWSERVED: PERSONAL(t,.~ RESIDENCE(~'~ POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. 0 I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. name above. (See remarks below.) 18~NAME AND TITLE QF IN~I~ DUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationsh p to Defendant) 19, [:]ate of ~jervice 20. ~me of Service .k c4 ozo. .... I ' ~!e~l !,,es~l~f] nt ~f. XT',~-~PTSlp~at~I Tn3blMilesI imNI Datel ~mel~Mt(~l' Int. I Datel ~melMilesl mt I Da,.l ~mel Mil.si int. I Da,.I ~m.l/Mi'.slpt. I Datel ( Y/fSI I I I I I I I I I I I I t- I t t i 22. REMARKS: 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 28. Sub Total 30. Notary I 31. Surchg. 32. Tot. Costs 33. Oosts Due or Refund Check No-._ ~4. Foreign County Costs I 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. Mileage/Posted/Not Found 39'. Total Costs Costs Due or Refund ll. AFFIRMED and subscribed to before me this 23 44. Signatur"'~'of"~ , , /~ /~/ / ~ ~ 4 ~2.NOTARIAL SEAm-ROTH2'~Nd] ,R? 46)Signatur~ofYorkJ -- ~ Ci~ of York, York Coun~ /~~ '~'~~ 48. Signature of Forei~n Coun~ Sheriff ~ ~ 49. DATE J 51. DATE RECEIVED OF ISSUING AUTHORITY AND TITLE' f. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriff's Office Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire ID No. 04267 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 AttorneTs for Plaintiff Mortgage Electronic Registration Systems, Inc. PLAINTIFF, David Clark Jennifer Clark DEFENDANTS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5898 CIVIL ACTION PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THEPROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against David Clark and Jennifer Clark, Defendants for their failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale oft he mortgaged premises, and assess Plaintiff's damages as follows: As set forth in the Complaint $78,580.11 Interest from 12/11/2002 to 2/17/2003 $ 1,464.04 TOTAL $80,044.15 I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copies attached. Richard M. Squire, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED PROTHONOTARY Richard M. Squire,, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC. One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Mortgage Electronic Registration Systems, Inc., David Clark Jennifer Clark To: David Clark 311 South Frederick Street Mechanicsburg, PA 17055 Court of Common Pleas Civil Division Cumberland County No. 02-5898 DATE OF NOTICE: February_ 7, 2003 THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. 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 (1 O) 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: Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 Richard M. Squire, Esquire Attorney for Plaintiff Richard M. Squire,, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC. One Jenkintown Station, Suite 104 I 15 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Mortgage Electronic Registration Systems, Inc., David Clark Jennifer Clark To.' Jennifer Clark 311 South Frederick Street Mechanicsburg, PA 17055 Court of Common Pleas Civil Division Cumberland County No. 02-5898 DATE OF NOTICE: February_ 7, 2003 THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. 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: Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 Richard M. Squire, Esquire Attorney for Plaintiff Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Mortgage Electronic Registration Systems, Inc. David Clark Jennifer Clark PLAINTIFF, DEFENDANTS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5898 CIVIL ACTION VERIFICATION OF NON-MILITARY SERVICE Richard M. Squire, 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 defendants 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 Defendants David Clark and Jennifer Clark are over 18 years of age and reside at 311 S. Frederick Street, Mechanicsburg, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Richard M. Squire, Esquire Attorney for Plaintiff R/chard M. Squire, Esquire I.D. No. 04267 One Jenkinlmvn Station, Suite 104 ! 15 West Avenue Senldntown, Pa 19046 Telephone: 215486-8790 Fax: 215-886-8791 ~ for Plaintiff Mortgage Electronic Registration Systems, Inc. David Clark Jennifer Clark PLAINTIFF, DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5898 CIVIL ACTION MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To the Prothonotary: Issue Writ of Execution in the above matter. Amount Due Interest From 02/24/03 to 06/11/03 ~ $21.53 per diem * plus fees and costs $80,044.15 $ 2.303.71 $82,347.86 Dated /~Attorney for Pla,nt, ff(s) // 15:28 8556789465 HONAGHAN PAGE D~_ESCRIPTION, ALL THAT CERTAIN house and lot of ground situate on the East side of South Frederick Street in the First Ward of the Borough of Mechanicsburg, County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wi.t: BEGINNING at lot now or formerly of the heirs of Mrs. AnnaM. Sours on South Frederick Street;.' thence along said South Frederick Street, Northward 31.00 feet, more or less, to Hill Alley; thence along said alley, Eastward from the curb line 130.00 feet, more or less, to lot formerly of Dr. L.P. O'Neal; thence Southward along the West side of said lot 25.50 feet, more or less, to lot now or formerly of heirs of Mrs. Anna M. Sours, aforesaid; thence Westward along said lot 130.00 feet, more or less, to the curb line of South Frederick Street, aforesaid, at the poim and place of beginning. 03 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-5898 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff (s) From DAVID CLARK AND JENNIFER CLARK (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 attachmem 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 a garnishee and is enjoined as above stated. Amount Due $80,044.15 L.L. $.50 Interest FROM 2/24/03 TO 6/11/03 ~ $21.53 PER DIEM - $2,303.71 Atty's Comm % Due Prothy $1.00 Atty Paid $202.94 Other Costs Plaintiff Paid Date: MARCH 11, 2003 (Seal) Deputy CURTIS R. LONG REQUESTING PARTY: Name RICHARD M. SQUIRE, ESQUIRE Address: ONE JENKINTOWN STATION, SUITE 104 115 WEST AVENUE JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-886-8791 Supreme Court ID No. 04267 Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue Jenk/ntown, Pa 19046 (215) 886-8790 Fax (215) 886-8791 ~Plaintiff Mortgage Electronic Registration Systems, Inc. PLAINTIFF, David C/ark Jennifer Clark IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5898 CIVIL ACTION DEFENDANTS. MORTGAGE FORECLOSURE Mortgage AFFIDAVIT PURSUANT TO RULE 3129.1 Electronic Registration Systems, Inc., Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 311 South Frederick Street, Mechanicsburg, PA ! 7055 o Name and last known address of Owner(s) or Reputed Owner(s): David Clark 311 S. Frederick Street Mechanicsburg, PA 17055 Jennifer Clark 311 S. Frederick Street Mechanicsburg, PA 17055 Name and Past known address of Defendant(s) in the judgment: David Clark 311 S. Frederick Street Mechanicsburg, PA 17055 Jennifer C/ark 311 S. Frederick Street Mechanicsburg, PA 17055 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name and address of last recorded holder of every mortgage of record: Name and address of every other person who has any record lien on the property: o Name and address of every other person who has any record interest in the property whose interest may be affected by the sale: Domestic Relations Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of PA Department of Revenue Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 Date: March 6, 2003 7. Name and address of every other person of whom the plaintiffhas knowledge who has. interest in the property which may be affected by the sale: Tenant/Occupant 311 S. Frederick Street Mechanicsburg, PA 17055 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. §4904 relating to unsworn falsification to authorities. Jenkintown, PA 19046 Attorneys for Plaintiff Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire ID No. 04267 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Mortgage Electronic Registration Systems, Inc. PLAINTIFF, David Clark Jennifer Clark Vo DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COtYNTY, PENNSYLVANIA NO. 02-5898 CIVIL ACTION MORTGAGEFORECLOSURE CERTIFICATION Richard M. Squire, 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 all8 Pa. C.S.S.ection/~4904 ~ing to unsworn falsification to authorities. c// Richard M. Squire, Esq~}t ;/ Attorney for Plaintiff Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 I 15 West Avenue Senkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Mortgage Electronic Registration Systems, Inc. David Clark Jennifer Clark Date: March 6, 2003 PLAINTIFF, DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5898 CIVIL ACTION MORTGAGE FORECLOSURE To: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF' SALE OF REAL PROPERTY OWNER(S): David Clark & Jennifer Clark PROPERTY: 311 S. Frederick Street Mechanicsburg, PA 17055 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff Sale on June 11, 2003 at 10:00 am in the Commissioners Meeting Room, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriffnot later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 115 West Avenue lenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Mortgage Electronic Registration Systems, Inc. David Clark Jennifer Clark TO: David Clark IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, NO. 02-5898 CIVIL ACTION DEFENDANTS. MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY 311 S. Frederick Street Mechanicsburg, PA 17055 Your house (real estate) at 311 S. Frederick Street, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on June 11, 2003 at 10:00 am in the Commissioners Meeting Room, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $80,044.15 plus interest to the sale date obtained by Mortgage Electronic Registration Systems, Inc. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay back to Mortgage Electronic Registration Systems, Inc., the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Richard M. Squire, Esquire at (215) 886-8790. 2. 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. 3. You may 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 below on how to obtain an attomey.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 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 the Cumberland County Sheriffs Office at 717-240-6100. 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. o 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 the Cumberland County Courthouse at 717-240-6195. 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. You have a fight to remain in the property until the full amount due is paid to the Sheriffand the Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 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 no later than 30 days after the Sheriff's Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 Richard M. Squire, Esquire I.D. No. 04267 Richard M. Squire & Associates, LLC One Jenkintown Station, Suite 104 I 15 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Mortgage Electronic Registration Systems, Inc. PLAINTIFF, David Clark Jennifer Clark DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5898 CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Jennifer Clark 311 S. Frederick Street Mechanicsburg, PA 17055 Your house (real estate) at 311 S. Frederick Street, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on June 11, 2003 at 10:00 am in the Commissioners Meeting Room, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $80,044.15 plus interest to the sale date obtained by Mortgage Electronic Registration Systems, Inc. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABI,E TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay back to Mortgage Electronic Registration Systems, Inc., the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Richard M. Squire, Esquire at (215) 886-8790. 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. 3. You may 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 below on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTI-IER RIGHTS EVEN IF TIlE SIlERIFF'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 the Cumberland County Sheriffs Office at 717-240-6100. 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 the Cumberland County Courthouse at 717-240-6195. 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 a 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 no later than 30 days after the Sheriffs Sale. This schedule will state who will be receiving the money. The money will .be p.aid .out in accordance with this schedule u · d~stribut~on ~s wron--~ ~-- -' ...... . .nle. ss exceptions (reasons whythe ro--ose s/~u~meaw~tlatheShenffw~th~nt,~,,t,m~ ,, . P p d said schedule. ,,,, t, u~ uays after the date of filing of 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 AFFDAVIT OF SERVICE Plaintiff- Mortgage Electronic Registration Systems, Inc. Defendants - David Clark and Jennifer Clark Serve at - 311 South Frederick Street, Mechanicsburg, PA 17055. County - Cumberland Type of Action- Notice of Sale Complete Service by - ASAP Sale Date - June 11, 2003 Please Serve Defendants County No.02-5898 SERVED Served and nmde knovm to ~ defendam, on the~ll~ day of ~ 200 ~t o'clock m..at Commonwealth of Pennsylvania, in the manner described below: __Defendant personally served. __Adult family member with whom Defendant(s) reside(s). Relationship is __AduR in charge of Defendant(s) residence who refused to give name or relationship. __Manger/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: ^a__ I, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sale in the manner us 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__ Nom~: 0~[i1~_~ day of /i~, / bec~P/Moved~'/ U~o~ No ~swer Sworn to m~d subscfibed.bef~e me ~is [ ~. day of ~ (2N0~--- Noel ~1 - - 2-~ ~ /~flD.~uffer, dr.,No~Pu~ Nota~~ 1'~ ( ~ ~ ," [ /~ ~m~ion Expires ~t. 31,2~5 Attorne~ for Plantiff ~c~rd M. Sqube, Esquire - I.D. No. 04267 115 West Avenue, Suite 104 Jet.tom, PA 19046 215-886-8790 ,200_~_ at ~ o'clock/0 ~., Defendant NOT FOUND Vacant Other AFFDAVIT OF SERVICE Plaintiff- Mortgage Electronic Registration Systems, Inc. Defendants - David Clark and Jennifer Clark Serve at- 311 South Frederick Street, Mechanicsburg, PA 17055. County - Cumberland Type of Action - Notice of Sale Complete Service by - ASAP Sale Date - June 11, 2003 Please Serve Defendants County No.02-5898 SERVED Se~ed and nm. de known to~_ defendant, on the 200__ at ~ o'clock~[_m., at ~ day of Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. --Adult family member with whom Defendant(s) reside(s). Relationship is --Adult in charge of Defendant(s) residence who refused to give name or relationship. --Manger/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: lJ~i°n: i~1~--- ~!~-- ~ I, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sale in the manner us 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__ (~e / ~day of __, 200.fl_ atto clockf an., Defendant NO FOUND bp ~Move~l~it Unknown No Answer Vacant Other '~/Oo /~o~.~;~ -- Sworn to and subscribed before me thi~y of ~0~_, 2~-~ ~ / ] _ , ~ )- ~~~t. ~~5 Attorney for Plantiff ~~y ~.an~ ~cMrd M. Sq~e, Esquke - I.D. No. 115 West Avenue, Suite 104 Je~to~, PA 19046 215-886-8790 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ 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 Household Fin Corp is the grantee the same having been sold to said grantee on the 10th day of Dec A.D., 2003, under and by virtue ora writ Execution issued on the 1 lth day of March, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 5898, at the suit ofMtg Elec Reg Systems Inc against David Clark & Jennifer is duly recorded in Sheriff's Deed Book No. 261, Page 1724. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this C~ / '~ day of Recorder of Deeds Mortgage Electronic Registration Systems, Inc. VS David Clark and Jennifer Clark In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-5898 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: David Clark and Jennifer Clark, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. YORK COUNTY RETURN: Served Jennifer Clark and David Clark on April 22, 2003 at 10:39 o'clock A.M., by handing to Jennifer Clark, for herself and her husband, David, a true and correct copy of the within Real Estate Writ, Notice of Sale and Description, at 1 East York Street, Dillsburg, PA 17019 and made known unto her the contents thereof. So Answers: William M. Hose, Sheriff of York County. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 8, 2003 at 2:37 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of David Clark and Jennifer Clark located at 311 S. Frederick Street, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: David Clark, by regular mail to his last known address of 1 East York Street, Dillsburg, PA 17019. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jennifer Clark, by regular mail to her last known ad&ess of 1 East York Street, Dillsburg, PA 17019. 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 Richard Squire for Household Finance Corporation. It being the highest bid and best price received for the same, Household Finance Corporation, of 636 Grand Regency Boulevard, 3rd Floor, Brandon, PA 33511, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $654.69, it being costs. Sheriff's Costs: Docketing $30.00 Poundage 12.84 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 13.80 Levy 15.00 Surcharge 30.00 Out of County 9.00 York County 45.28 Law Journal 177.05 Patriot News 160.48 Share of Bills 25.24 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 654.69 Sworn and subscribed to before me This ~2~7.~day ~f 2004, A.D. tary R. Thomas Kline, Sheriff Real Estate~Deputy THE PATR L/) I' NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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 Mamh 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 cf The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors cf 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. PUBLICATION COPY S A L E #50 REA~ ESl'A'r~ SAL~ No. ~ ~c~ ~r Notadal S Oe~ bofo r o2.~r~ , of~ 2/~ . TerryL RusselI, NotalyPublic~ /'-,~ .,~.~--¢..f~. J~'"'.~ ~* ..~_ Ciiy Of Harrisburg, Dauphin Co u~nt~/./~//../~-~-///.~ ~_~~ My Cemrn,saon Expires June 6, 20~6 [ NO-i~RY'F~U B~C Member, Pennsylvania AssooatJon Of Notane~ly commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 AIL TEAT CERTAIN house and lpt d ~ s~ ~n~, ~= ~,~ ~,,~. Statement of Adverhs~ng Cost. ~f ~S~, ~;n~ o~ TO THE PATRIOT-NEWS CO, Dr ot ~ ' ' ~~'fofl~ For publishing the notice or publication attached ~ ~ ~ ~ ~ ~ hereto on the above stated dates 158,7 ~k ~'~ ~ Probating same Nota~ Fee(s) ~ 1.735 ~~aewe~tSi~of~ Publishers Receipt for &dvertsn9 Cost ~d of~a~ o ub sh f ~ ' . ~a ~ S~, ., p er o The Patriot-News and The Sunday Patriot-News, newspapers of general ~ ~.~ ~d i~ Jge race pt of the aforesaid notice and publication costs and ce~ifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L1784 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 tree. ~ ~TAI~. SA.L~ NO. 50 Writ No. 2002-5898 Civil Mortgage Elect. rome Registration Systems, Inc. V$, David Clark e-nd Jennifer Clark Atty.: Terrenee MeCabe DESCRIPTION ALL THAT CERTAIN house and lot of~'ound situate on the l~ast aide of South Frederick Street in the First Ward of the Borough of Mechanics- burg, County of Cumberland, and State of Pennsylvania, bounded and BEGINNING at lot now or former - ly of the heirs of Mra. Anna M. Sours on South Frederick Street: thence along said South Frederick Street. Northward 31.00 feet, more or less. to Htli Alley; thence along said al- isa ' o Editor ' SW.(~N TO AND SUBSCRIBED before me this 9 day of MAY, 2003 matter of the aforesaid ~tott~.,~ ,~. _ statements as to time, place and character of publication are true. Writ No. 2002~5898 Civil Mo~e Elcc~onic ~s~a~on Systems. Inc. DaSd Cl~k ~d Jennifer Cl~k At~,: T¢rrence McCabe D~SC~ION ~L ~T CEfTiN house ~d lot of ~round sit,re on ~ E~t side of ~u~ ~rede~ek Sweet ~ W~d of ~¢ ~mu~h ~f Mech~cs- burg, Co~ of Cmberl~d, State of Pe~sylvm. ~ded desc~bed ~ follows, to B~GI~NG at lot now or ly of~e he~s offs, ~M. Sours on South Frederick Street: thence ~on~ s~d South F~de~ck Street, No~h~d 31.00 feet. mor~ or less, to ~ ~ey; ~cnce ~ong ley, Eastw~d from the curb lin~ 130.~0 feet, mo~ or less, to lot for- merly of Dr. L.P. O'Neal; thenc6 Sou~w~d ~on~ th~ West side of ~d lot ~5.50 [eet, more or l~s~, to lot n~ or fomerly of hc~s of Wes~d ~ong ~d lot 130.00 feet, Sou~ Frede~ SWeet, ~ores~d, at ~e po~t ~d p~c¢ of S ~N Ti~aAND SUB SCRIBED 9 day of MAY, 2003