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HomeMy WebLinkAbout03-0125FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 THE HUNTINGTON MORTGAGE COMPANY 7575 HUNTINGTON PARK DRIVE COLUMBUS, OH 43235 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION MICHAEL J. CASSIDY 38 CENTER DRIVE CAMP HILL, PA 17011 Plaintiff TERM CUMBERLAND COUNTY Defendant(s) CML ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURF~ NOTICE **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 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 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 #: 498979-4NZB 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 ALTER 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. 1. Plaintiff is THE HUNTINGTON MORTGAGE COMPANY 7575 HUNTINGTON PARK DRIVE COLUMBUS, OH 43235 The name(s) and last known address(es) of the Defendant(s) are: MICHAEL J. CASSIDY 38 CENTER DRIVE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 9/6/95 Michael J. Cassidy and Catherine E. Cassidy made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1281, Page 749. 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 05/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 04/01/2002 through 01/06/2003 (Per Diem $18.56) Attorney's Fees Cumulative Late Charges 09/06/1995 to 12/01/2002 Cost of Suit and Title Search Subtotal $90,342.96 5,215.36 1,250.00 1,067.20 $ 550.00 $ 98,425.52 Escrow Credit 0.00 Deficit 716.49 Subtotal $ 716.49 TOTAL $ 99,142.01 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. Plaintiff hereby releases Catherine E. Cassidy, from liability for the debt secured by the mortgage. 11. By virtue of the death of Catherine E. Cassidy on 9/24/00, defendant became the sole owner of the mortgaged premises as surviving tenant by the entireties or surviving joint tenant. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 99,142.01, together with interest from 01/06/2003 at the rate of $18.56 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. F DERMANA H L ,N, LLP By: ~~ND~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL T~AT CEkI'AIN lot or tract of land situate in the Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows to wit: more particularly BEGINNING at a point on the western side of a 50 foot wide road known as Center Drive which point, measured along the western side of Center Drive, is 80 feet north of the northwest corner of Center Drive and Citadel Drive and which point also is at the northeast corner of Lot No. 65 on the Plan of Lots hereinafter referred to; thence westwardly at right angles to Center Drive and along the northern line of Lot No. 65 aforesaid 125 feet to a point at the eastern side of Lot No. 63 on the Plan of Lots hereinafter referred to; thence northwardly on a line parallel with the western side of Center Drive and along the eastern line of Lot No. 63 aforesaid 70 feet to a point at the southern line of Lot No. Lots hereinafter referred to; thence eastwardly 67 on the Plan of at right angles to Center Drive and along the southern line of Lot No. 67 aforesaid 125 feet to a point at the western side of Center Drive; thence southwardly along the western side of Center Drive 70 feet to a point, being the place of BEGINNING. BEING Lot No. 66 on the Plan known as "Part of Plan No. 2, Cedar Cliff Manor", which Plan is of record in the Cumberland County Recorder.s Office in Plan Book 7 at Page 13. BEING the same premises which George S. Milus and Jean M. Milus, husband and wife, by deed dated July 11, 1986 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 32-A, Page 301, granted and conveyed to Michael j. Cassidy and Catherine E. Cassidy, husband and wife, Borrowers herein. BEING KNOWNAS: 3~ C~TER DRIVE VERII~ICATION DELORIS BUCK hereby states that she is FORECLOSURE SUPERVISOR of HUNTINGTON MORTGAGE COMPANY 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 unswom falsification to authorities. DATE: SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-00125 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HUNTINGTON MORTGAGE COMPANY VS CASSIDY MICHAEL J R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT CASSIDY MICHAEL J unable to locate Him COMPLAINT - MORT FORE but was in his bailiwick. He therefore returns the the within named DEFENDANT HOUSE VACANT. ADDRESS GIVEN. , NOT POUND , as to , CASSIDY MICHAEL J MAIL IS STILL BEING DELIVERED TO Sheriff's Costs: Docketing 18.00 Service 11.04 Not Found 5.00 Surcharge 10.00 .00 44.04 Sheriff of Cumberland County FEDERMAN & PHELAN 01/22/2003 Sworn and subscribed to before me this ~3,~ day o~ ~o~ A.D. ProtVh~notary , - FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esq. Atty. I.D. # 62695 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 .(215) 563-7000 THE HUNTINGTON MORTGAGE COMPANY VS. MICHAEL J. CASSIDY ATTORNEY FOR PLAINTWF COURT OF COMMON PLEAS CWIL DIVISION CUMBERLAND COUNTY NO. 03-125 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECE~B/ED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRKSPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Francis S. Hallinan, Esquire, moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant(s) by Certified mail and regular mail to the Defendant's last known address and mortgaged premises located at 38 CENTER DRIVE, CAMP HILL, PA 17011 and in support thereof avers the following: 1. Attempts to serve Defendant(s) with the Complaint have been unsuccessful. Sheriff attempted to serve the defendant at the property address located at 38 Center Drive, Camp Hill, PA 17011 on January 22, 2003 and come to find that the house is vacant, as indicated by the She~ft's Return 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(s). An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Internal records reviewed by Plaintiff and has not been contacted by defendant as of March 7, 2003 to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the defendants, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint by certified mail and regular mail. Francis S. Hallinan, Esquire - ' FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esq. Atty. I.D. # 62695 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 ,(215) 563-7000 THE HUNTINGTON MORTGAGE COMPANY VS. MICHAEL J. CASSIDY ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NC). 03-125 MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically.provides: (a) If service cannot be made under the applicable role, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit ' . . . . of the stating the nature and extent of the ~nvest~gat~on which has been made to determine the whereabouts Defendant(s) and the reasons why service cannot be made. Note: A Sheriff's tatum 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." Adopt/on of Walk~, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires 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 reg/stration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Return of Service.,, attached hereto and marked as Exhibit "A", the Sheriff'has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests service of the Complaint by certified mail and regular mail. ( ~~ Respectfully submitted: Francis S. Hallinan, Esquire SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-00125 p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HUNTINGTON MORTGAGE COMPANY VS CASSIDY MICHAEL J R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT CASSIDY MICHAEL j unable to locate Him COMPLAINT - MORT FORE in his bailiwick. but was He therefore, returns the · NOT FOUND the within named DEFENDANT CASSIDY MICHAEL J HOUSE vAcANT. MAIL IS STILL BEING DELIVERED TO , as to ADDRESS GIVEN. Sheriff,s Costs: Docketing 18.00 Service 11.04 Not Found 5.00 Surcharge 10.00 .00 44.04 Rf Tho~s Kline / Sheriff of Cumberland County FEDERMAN & PHELAN 01/22/2003 Sworn and subscribed to before me this day of A.D. Prothonotary SKN Data Research Inc. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 3-5639PA Attorney Firm: Federman & Phelan Subject: Michael J. Cassidy Current Address: 38 Center Dr. Camp Hill, PA 17011 Property Address: 38 Center Dr. Camp Hill, PA 17011 Mailing Address: 38 Center Dr. Camp Hill, PA 17011 I Scott Nulty, 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) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Michael J. Cassidy - 191-38-3284 B. EMPLOYMENT SEARCH Michael J. Cassidy - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of the creditors indicated that Michael J. Cassidy reside(s) at: 38 Center Dr. Camp Hill, PA 17011 II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 2-24-03 our office contacted directory assistance which indicated that Michael J. Cassidy reside(s) at: 38 Center Dr. Camp Hill, PA 17011. Our office made a telephone call to the mortgagors phone number and received the following information: - 717-612-4634 no answer. III. INQUIRY OF NEIGHBORS On 2-24-03 our office contacted or / attempted to contact C. Stoneburner 37 Center Dr. said the house just sold, but they still see Michael's car there, they were not able to verify that Michael J. Cassidy reside(s) at: - 38 Center Dr. Camp Hill, PA 17011 IV. INQUIRY OF POST OFFICE A. NATIONAL ADDRESS UPDATE On 2-24-03 we reviewed the National Address database and found the following information, Michael J. Cassidy - 38 Center Dr. Camp Hill, PA 17011 V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicle Michael J. Cassidy reside(s) at: last registered address. VI. OTHER INQUIRIES A. DEATH RECORDS As of January 1, 2003 Vital Records has no death record on file for Michael J. Cassidy. COUNTY VOTER REGISTRATION The Cumberland County Voter registration has a registration for Michael J. Cassidy residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Michael J. Cassidy-YOB 1948 B. A.K.A. none * All accessible public databases have been checked and cross-referenced for the above named individual(s). * Please be advised all database information indicates the subject resides at the current address. There is no forwarding address or telephone information. 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 true 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 tmsworn falsification to authorities. AFFIANT court Nulty SKN Data Research Inc. President Swom to and subscribed before me this 2003 Notarial Seal Margaret E. Nulty, Notary Public East Goshen Twp., Chester County My Commission Expires Dec. 19, 2005, Member, Pennsylvania Association Of Notaries EXHiB B VERIFICATION Francis S. Hallinan, Esquire, hereby states that he is the Attomey for the Plaintiff in this action, that she is authorized to take this Affidavit, and. that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement he]rein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Francis 51. Hallinan, Esquire FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esq. Atty. I.D. # 62695 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 THE HUNI'INGTON MORTGAGE COMPANY Vs. MICHAEL J. CASSIDY ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-125 .,CERTIFICATION OF SERVICE I, Francis S. Hallinan, Esquire, herby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. MICHAEL J. CASSIDY at: 38 CENTER DRIVE CAMP HILL, PA 17011 Date: March 7_7,_2003 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. {}4904 relating to unsworn falsification to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff C~ FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esq. Atty. I.D. # 62695 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 THE HUNTINGTON MORTGAGE COMPANY VS. MICHAEL J. CASSIDY ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-125 ORDER AND NOW, this I ~" day of ~ ~ ,2003, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Complaint on the above captioned Defendant(s) MICHAEL J. CASSIDY, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 38 CENTER DRIVE, CAMP HILL, PA 17011. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. BY THE COURT:~ / Jo FEDERMANAND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215)563-7000 Attorney for Plaintiff THE HUNTINGTON MORTGAGE COMPANY Plaintiff vs. MICHAEL J. CASSIDY Defendants COURT OF COMMON PLEAS : CIVIL DIVISION Cumberland County : No. 03-125 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSO~. TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. 'FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Date: March 25, 2003 ., • FEDERMAN AND I'HELAN, 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 (2151 563-7000 THE HUNTINGTON MORTGAGE COMPANY 7575 HUNTINGTON PARK DRIVE COLUMBUS, OH 43235 Plaintiff, v. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-125 MICHAEL J. CASSIDY Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against MICHAEL J. CASSIDY and , 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 Plaintiffs damages as follows: As set forth in Complaint Interest from 1/7/03 to 5/20/03 TOTAL $99,142.01 $ 2,487.04 $101,629.05 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 F DERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~_!~ 3 ~Y~-" e PRO PROTHY ~ ~ C } ' <= -- _~ ;,~ v= ^^'" _ 7 4~ i.. ~ . ~yi~ ~... "~« L ±' ~ ;+, y / , .....~ ~~^w. Identification'vo. 12248 1617 John F. Kennedy Boulevard Suite 1400 -- Philadelphia, PA 19103-1814 (? 1 5~5fi;-7(l~~ THE HUNTINGTON MORTGAGE COMPANY Plaintiff vs. 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 1 ~~ Frank Federman, squire Attorney for Plaintiff MICHAEL J. CASSIDY Defendant COURT Or COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY N0. 03-125 TO: MICHAEL J. CASSIDY 38 CENTER DRIVE CAMP HILL, PA 17011 DATE OF NOTICE: APRIL 23, 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 EVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS COR IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT C ~ A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. r 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 r~1~t;x1VIAN AND PHELAN BY: Francis S. Hallinan, Esq. Atty. I.D. # 62695 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 THE HUNTINGTON MORTGAGE COMPANY vs. MICHAEL J. CASSIDY ORDER ATTORNEY FOR PLAINTIFF MAR 1 i 2003 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COLTNTy NO.03-125 AND NOW, this ~_ day of ~y~,~ 2003, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that plaintiff may obtain service of the Complaint on the above captioned Defendant(s) MICHAEL J. CASSIDY , by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 38 CENTER DRIVE, CAMP HILL, PA 17011. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. BY THE COURT: L~ ~ ~CC.X,rv i ,Ui ~ J. ~. ;~~:.. ,. .,, ti. , _ ,._ rent ~._%~n7".,,.....,.- C f'"'' ~ ~ ~ '~' t ~.~ ' .; ~ "^ { ~~ ter, U? ; ~,z~, .~ .. ~~ ~~ ...""«, `U 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 ATTORNEY FOR. PLAINTIFF THE HUNTINGTON MORTGAGE COMPANY 7575 HUNTINGTON PARK DRIVE Plaintiff, v. MICHAEL J. CASSIDY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.03-125 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 MICHAEL J. CASSIDY is over 18 years of age and resides at , 38 CENTER DRIVE, CAMP HILL, PA 17011 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK F DERMAN, ESQUIRE Attorney for Plaintiff ~ ~ `- :~ r ~.: t_s _,.~.. ~13 ~~~ r. ... -,. aG' 1r ..- ^.. f"' i... _ ... __ j ' .. `a .' c~~ - .. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 THE HUNTINGTON MORTGAGE COMPANY Plaintiff, . v. No. 03-125 MICHAEL J. CASSIDY . Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $101,629.05 V Interest from 5/21/03 to 9/3/03 $ 1,771.26 and Costs (per diem -$16.71) TOTAL $ 103,400.31 RANK F ERMAN, ESQ IRE ne 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. c~ N ~. a a y w 00 H I~1 b x r J N 1~ 0 ~"'1 i--~ ~~ ~. 0 ara aro 0 A_ O .~ n ~I O 7d O 0 z x C y n ,~ ~z ~ ~ ~ ~ii ~ r0 ~ d H id ~y H ~O ro ° 0 z 7 I~ X7 ~ Irl y z ° z ~ ~ ~ r r~ ~~ zo ~~ c ~~,, o -~' ~. a ~_ f r_1 , 4 r «... . _ ~' __ ~~ )t ~~ ~~ r~ 1 r ALL THAT CERTAIN lot or tract of land situate in the Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on the western side of a 50 foot wide road known as Center Drive which point, measured along the western side of Center Drive, is 80 feet north of the northwest corner of Center Drive and Citadel Drive and which point also is at the northeast corner of Lot No. 65 on the Plan of Lots hereinafter referred to; thence westwardly at right angles to Center Drive and along the northern line of Lot No. 65 aforesaid 125 feet to a point at the eastern side of Lot No. 63 on the Plan of Lots hereinafter referred to; thence northwardly on a line parallel with the western side of Center Drive and along the eastern line of Lot No. 63 aforesaid 70 feet to a point at the southern line of Lot No. 67 on the Plan of Lots hereinafter referred to; thence eastwardly at right angles to Center Drive and along the southern line of Lot No. 67 aforesaid 125 feet to a point at the western side of Center Drive; thence southwardly along the western side of Center Drive 70 feet to a point, being the place of BEGINNING. BEING Lot No. 66 on the Plan known as "Part of Plan No. 2, Cedar Cliff Manor", which Pian is of record in the Cumberland County Recorder's Office in Plan Book 7 at Page I3. BEING KNOWN AS 38 CENTER DRIVE, CAMP HILL, PA 17011. TAX MAP # 23-0545, PARCEL # 433 TITLE TO SAID PREMISES IS VESTED IN Michael J. Cassidy, Widower by reason of the following: BEING THE SAME premises which George S. Milus and Jean M. Milus, his wife by Deed dated 7/ 11/ 1986 and recorded on 7/ 11/ 1986 in the County of Cumberland in Deed Book "A" Volume 32 Page 301 conveyed unto Michael J. Cassidy and Catherine E. Cassidy, his wife. AND THE SAID Catherine E. Cassidy died on 9/24/2000 whereby title to said premises became vested in Michael J. Cassidy by operation of law and right of survivorship. t i .~ ~I~~ ~~ ~ ~ fr ~~ ~ ~~ -~ ; m "' U) ~= - ~` ~ , - i',_- t. ' ~~ ~ ~_~} t~ .y ) ~ ~~ ( `'` V ` ' ~~ Y ~3 CJ >~ _. ~ :~ ~~ (W) 'T'i 'rJ ~, i 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 ATTORNEY FOR PLAINTIFF THE HUNTINGTON MORTGAGE COMPANY Plaintiff, v. . MICHAEL J. CASSIDY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-125 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: () an FHA mortgage () non-owner occupied () vacant (X) 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 ~EDERMAN, ESQUIRE Attorney for Plaintiff c w ~ ~ . ` ~ ~ ; ':~ ~ ~~ -- :~ r:- , ., c~.1 ~~~ ~:. --_ ~~ rs " THE HUNTINGTON MORTGAGE COMPANY CUMBERLAND COUNTY Plaintiff, v, COURT OF COMMON PLEAS MICHAEL J. CASSIDY CIVIL DIVISION Defendant(s). N0.03-125 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) THE HUNTINGTON MORTGAGE COMPANY, 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 ,38 CENTER DRIVE, CAMP HILL, PA 17011 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL J. CASSIDY 38 CENTER DRIVE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AMERICHOICE FEDERAL CREDIT UNION 20 SPORTING GREEN DRIVE MECHANICSBURG, PA 17050 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HOUSEHOLD REALTY CORPORATION 25 GATEWAY DRIVE, SUITE 107 MECHANICSBURG, PA 17055 SUSQUEHANNA VALLEY FEDERAL 1213 SLATE HILL ROAD CREDIT UNION CAMP HILL, PA 17011 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale. Name Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Attn: John Murphy Department of Public Welfare TL Casualty Unit Estate Recovery Program Internal Revenue Service Federated Investors Towers Last Known Address (if address cannot be reasonably ascertained, please indicate) 6TH Floor, Strawberry Square Dept. 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 Thirteenth Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 38 CENTER DRIVE CAMP HILL, PA 17011 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. May 22, 2003 DATE RANK F DERMAN, ESQUIRE Attorney for Plaintiff ,. C ~ ' i Ls G~~ i' :I t ~ - _~'i' .F" ° C .. :..} : F1 , ; ~ r, THE HUNTINGTON MORTGAGE COMPANY CUMBERLAND COUNTY Plaintiff, v. No. 03-125 MICHAEL J. CASSIDY Defendant(s). May 20, 2003 TO: MICHAEL J. CASSIDY 38 CENTER DRIVE CAMP HILL, PA 17011 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at , 38 CENTER DRIVE, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on 9/3/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $101,629.05 obtained by THE HUNTINGTON MORTGAGE COMPANY (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 SALE To prevent this Sheriffs Sale, you must take immediate action: 1. 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. 2. You maybe 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 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 maybe 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 Sheriff the 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 maybe 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 filed with the Sheriff within 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 tract of land situate in the Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on the western side of a 50 foot wide road known as Center Drive which point, measured along the western side of Center Drive, is 80 feet north of the northwest corner of Center Drive and Citadel Drive and which point also is at the northeast corner of Lot No. 65 on the Plan of Lots hereinafter referred to; thence westwardly at right angles to Center Drive and along the northern line of Lot No. 65 aforesaid 125 feet to a point at the eastern side of Lot No. 63 on the Plan of Lots hereinafter referred to; thence northwardly on a line parallel with the western side of Center Drive and along the eastern line of Lot No. 63 aforesaid 70 feet to a point at the southern line of Lot No. 67 on the Plan of Lots hereinafter referred to; thence eastwardly at right angles to Center Drive and along the southern line of Lot No. 67 aforesaid 125 feet to a point at the western side of Center Drive; thence southwardly along the western-side of Center Drive 70 feet to a point, being the place of BEGINNING. BEING Lot No. 66 on the Plan known as "Part of Plan No. 2, Cedar Cliff Manor", which Plan is of record in the Cumberland County Recorder's Office in Plan Book 7 at Page I3. BEING KNOWN AS 38 CENTER DRIVE, CAMP HILL, PA 17011. TAX MAP # 23-0545, PARCEL # 433 TITLE TO SAID PREMISES IS VESTED IN Michael J. Cassidy, Widower by reason of the following: BEING THE SAME premises which. George S. Milus and Jean M. Milus, his wife by Deed dated 7/11/1986 and recorded on 7/11/1986 in the Counry of Cumberland in Deed Book "A" Volume 32 Page 301 conveyed unto Michael J. Cassidy and Catherine E. Cassidy, his wife. AND THE SAID Catherine E. Cassidy died on 9/24/2000 whereby title to said premises became vested in Michael J. Cassidy by operation of law and right of survivorship. ~ G ~ t~ .._~ _. t_ . _ ~:_ _, ~ _ _ =-i G ~•~ .'~3 -: tL~ "t ' FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 1210 shy-~nnn THE HUNTINGTON MORTGAGE :COURT OF COMMON PLEAS COMPANY Plaintiff :CIVIL DIVISION vs. MICHAEL J. CASSIDY CUMBERLAND COUNTY Defendant(s) N0.03-125 AFFIDAVIT OF SERVICE OF COMPLAINT BY MAii, PITRSiJANT Tn C'(~I1RT ()RiIF.R I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, to MICHAEL J. CASSIDY at 38 CENTER DRIVE, CAMP HILL, PA 17011 on APRii, 2, 2nn3, in accordance with the Order of Court dated MARCH 13, 2003. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: Time 3, RANK FEDE ,ESQUIRE Attorney for Plaintiff '~: { ~ - s ,,~ n...~ - _. '~ l ,_ ~~ ~ .jj ~i~ IN THE coURT OF coMMON PLEAS OF cUMBERLAND ,cOUNTY, PENNSYLVANIA rilE HUNTINGTON MORTGAGE COMPANY VS. MICHAEL J. CASSIDY CIVIL ACTION CIVIL DIVISION NO. O3425__ AFFIDAVIT OF SERVICE PURSUANT I'O RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attomey for THE HUNTINGTON_ MORTGAGE COMPANY_ hereby verify that on ~ tree 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:~ FRANK FEDERMAN, I~SQUIRE Attorney for plaintiff r _ A _ W _ N .... p ~p 00 ~1 C~ to ? W N "r N * # * ~ ~+ * ~. { ~ ~' ~ ~ y, ~wy °°~, ~~ z b~-~~~ `"8x~,y ~"~~ ~ x~b~•~d oars a ~~r~ daaoen ~ ~~co a z~~ ~N~ a~~ b~q ~wx r o ~am ~oa ~~~ ~ ~' z ~ ~ 7 d ~ , o d ~rdo ~x ~7~dl ~ A~~~, yo ~o~~~ r~~ ' yar yzo a ac 7 C o ~' > ~ ~ ~ ~ C ~' n ~ o~ ~ ..~,c~z ~ a ~~ C b x ~ ~ ox .. ~ ~ _ ~~o ~ ~ A N ~~~ A~ ~ C ~C~=1 ~ H O ~~ C O~~ N ~On ~ °~` ~ ~ ~ A `~~ t~ d r .] ~~~ c~n m v ~ w~ tr1 c °~ r, ,~ C ~~ c ~ ~ 7~C a d ., y G a. b x ~ ~ ~ ~ z o O d ~ z ~ ~ z a ~" c H `n O yby ni ~\ ~ s' ~°'a ~~!' b 0 @j 'Y.i.~•r ~~'` ar~o .1 N y~Q~~s PO~~G'R. ~,. ~~, - s Z _ s '~ p~iNEY Sa ; .3 ~ ~ ~~ ~ ~~' ~ ^ ~ z wi..'~' 2 ~ Z ~~%~ zip core co :iri3t~a ~po~r~ z ~~a~ f~D ~ A ".S' fD ~ ~ y n~ II ~tZC tzz~! y~ 17 ,~ ~ r ~zz x~~ Y ,,,~ ~" '~~~ ~ro ~~ 0 `'' N ago „ ~~ y t~7 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 Albert J Hvkes & Sharon L is the grantee the same having been sold to said grantee on the 3rd day of Sept A.D., 2003, under and by virtue of a writ Execution issued on the 04th day of June, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 125, at the suit of Huntington Mtg Co against Michael J Cassidy is duly recorded in Sheriff's Deed Book No. 259, Page 4463. 1N TESTIMONY WHEREOF, I have hereunto set my hand day of and seal of said office this '~'~Recorder of Deeds The Huntington Mortgage Company VS Michael J. Cassidy In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-125~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: Michael J. Cassidy, but was unable to locate them 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: And Now: July 7, 2003 at 2:19 PM served the within Notice of Sale upon Michael J. Cassidy by personally handing to Michael V. Cassidy (son), one tree attested copy of the original Notice of Sale and making known to him the contents thereof at 301 Chestnut Street, Apt. 1804, Harrisburg, PA 17101-2797. So answers: J.R. Lotwick, SheriffofDauphin County, PA. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2003 at 6:13 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 Michael J. Cassidy located at 38 Center Drive, Camp Hill, 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 mariner: The Sheriffmailed a notice of the pendency of the action to one of the within named defendants, to wit: Michael J. Cassidy, by regular mail to his last known address of 301 Chestnut Street, Apt. 1804, Harrisburg, PA 17101. This letter was mailed under the date of July 11, 2003 and never retnmed to the Sheriff's Office. 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 September 3, 2003 at 10:00 o'clock A.M. He sold the same for the sum orS115,000.00 to Albert J. Hykes and Sharon L. Hykes. It being the highest bid and best price received for the same, Albert J. Hykes and Sharon L. Hykes of 18B East Front Street, Shiremanstown, PA 17011, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $120,927.00. Sheriffs Costs: Docketing $30.00 Poundage 2300,00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 22.08 Levy 15.00 Surcharge 20.00' Out of County 9.00 Dauphin County 25.50 Law Journal 353.75 Patriot News 263.20 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $3203.43 Sworn and subscribed to before me So ~An,~t~ This ./2,~lay of ~.~,eT~,_~ :;:~'~ ~~ R. Thomas Kline, Sheriff Real Estaf~ Deputy SCHEDULE OF DISTRIBUTION SALE N0.40 Date Filed: October 3, 2003 Writ No. 2003-125 Civil Term The Huntington Mortgage Company VS Michael J. Cassidy 38 Center Drive Camp Hill, PA 17011 Sale Date: September 3, 2003 Buyer: Albert J. Hykes and Sharon L. Hykes Bid Price: $115,000.00 Real Debt: $101,629.05 Interest: 1,771.26 Attorney Costs: 126.04 Total: $103,526.35 DISTRIBUTION: Receipts: Cash on account (06/06/03): $ 1,500.00 Cash on account (09/03/03): 11,500.00 Cash on account (09/18/03): 109,427.00 Total Receipts: $122,427.00 Disbursements: Sheriffs Costs $ 3,203.43 Legal Search 200.00 Local Transfer Tax 1,713.50 State Transfer Tax 1,713.50 Lower Allen Township 402.12 Lower Allen Township Authority 306.20 The Huntington Mortgage Company 103,526.35 Susquehanna Valley Federal Credit Union 9,861.90 Attorney Federman 1,500.00 Total Disbursements: ($122,427.00) Balance for distribution: 0.00 So Answers: ~~-~- R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE N0.40 Held Wednesday, September 3, 2003 Date: September 3, 2003 TAXES: Receipts for all taxes for the yeazs 2000 to 2002 inclusive. Taxes for the current year 2003. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated 2003, and recorded 2003, in Cumberland County Deed Book ,Page RECITAL: Being the same premises which George S. Milus and Jean M. Milus, his wife, by deed dated July 11, 1986 and recorded July 11, 1986, in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book "A," Volume 32, Page 301, granted and conveyed to Michael J. Cassidy and Katherine E. Cassidy, his wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of 50 foot wide Center Drive. 6. Conditions, easements and restrictions shown on or set forth on the Plan known as part of Plan No. 2, Cedar Cliff Manor, recorded in Plan Book 7, Page 13. 7. Building and use conditions and restrictions as set forth in Miscellaneous Record Book 107, Page 151, and deeds of record for lots in Cedar Cliff Manor. Mortgage in the amount of $93,750.00 given by Michael J. Cassidy and Katherine E. Cassidy to Huntington Mortgage Corporation. dated September 6, 1995 and recorded September 12, 1995, in Mortgage Book 1281 Page 749. Said mortgage being modified by Modification Agreement recorded in Miscellaneous Record Book 628, Page 857. Complaint in mortgage foreclosure filed by Huntington Mortgage Company as Plaintiff against Michael J. Cassidy as Defendant on January 8, 2003 in the Office of the Prothonotary of Cumberland County to file No. 2003-125. Judgment entered June 4, 2003 in the amount of $101,629.05. 9. Mortgage in the amount of $11,655.00 given by Michael J. Cassidy and Katherine E. Cassidy to Household Realty Corp. dated November 23, 1996 and recorded November 27, 1996 in Mortgage Book 1353, Page 987. 10. Mortgage in the amount of $16,320.00 given by Michael James Cassidy to Susquehanna Valley Federal Credit Union dated July 17, 2001 and recorded August 3, 2001 in Mortgage Book 1729 Page 3481. 11. Judgment in the amount of $4,960.22 entered by Americhoice Federal Credit Union as Plaintiff against Michael J. Cassidy as Defendant in the Office of the Prothonotary of Cumberland County to file No. 2002-1854. Said judgment to be a lien on the property if Katherine E. Cassidy is deceased as suggested by the complaint in mortgage foreclosure filed to file No. 2003-125. 12. Municipal lien filed by Lower Allen Township Authority as Plaintiff against Michael J. Cassidy and Katherine E. Cassidy as Defendants in the Office of the Prothonotary of Cumberland County to file No. 2003-1885 in the amount of $253.40. 13. Rights granted to Bell Telephone Company of Pennsylvania by instrument recorded in Miscellaneous Record Book 107, Page 99. 14. Rights granted to Pennsylvania Power and Light Company by instrument recorded in Miscellaneous Record Book 111, Page 76. 15. Rights granted to Bell Telephone Company of Pennsylvania by instrument recorded in Miscellaneous Record Book 111, Page 288. 16. Subject to Declaration recorded in Miscellaneous Record Book 112, Page 506. 17. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff's sale. It is to be noted that there were no indications that notice was given to Lower Allen Township Authority, a lien holder of record. 18. Satisfactory evidence to be produced that the advertisement of the property for sale is satisfactory in spite of the absence of any reference to improvements on the subject property. 19. Real estate taxes accruing on and after January 1, 2004 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. t Robert G. Frey, Agent Note: This Title Report shall not be id binding until countersigned by an authorized sign ory. REAL ESTATE SALE NO. 40 Writ No. 2003-1256 Civil The Huntington Mortgage Company vs. Michael J. Cassidy Atty.: Frank Federman ALL TIHAT CERTAIN lot or tract of land situate in the Lower Allen Township, Cumberland County. Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on the western side of a 50 foot wide road known as Center Drive which point, measured along the western side of Center Drive, is 80 feet north of the northwest corner of Center Drive and Citadel Drive and which point also is at the northeast comer of Lot No. 65 on the Plan of Lots here- inafter referred to: thence west- wardly at right angles to Center Drive and along the northern line of Lot No. 65 aforesaid 125 feet to a point at the eastern side of Lot No. 63 on the Plan of Lots hereinafter referred to; thence northwardly on aline parallel with the western side of Center Drive and along the east- ern line of Lot No. 63 aforesaid 70 feet to a point at the southern line of Lot No. 67 on the Plan of Lots hereinafter referred to; thence east- wardly at right angles to Center Drive and along the southern line of Lot No. 67 aforesaid 125 feet to a point at the western side of Cen- ter Drive; thence southwardly along the western side of Center Drive 70 feet to a point, being the place of BEGINNING. BEING Lot No. 66 on the Plan known as "Part of Plan No. 2, Ce- dar Cliff Manor", which Plan is of record in the Cumberland County Recorder's Office in Plan Book 7 at Page 13. BEING HIVOWN AS 38 CENTER DRIVE, CAMP HILL. PA 17011. TAX MAP # 23-0545. PARCEL # 433. ' ~ THE HUNTINGTON MORTGAGE COMPANY ' ~ CUMBERLAND COUNTY Plaintiff, . v, COURT OF COMMON PLEAS MICHAEL J. CASSIDY CIVIL DIVISION Defendant(s). N0.03-125 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) THE HUNTINGTON MORTGAGE COMPANY, 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 ,38 CENTER DRIVE, CAMP HILL, PA ] 7011 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL J. CASSIDY 38 CENTER DRIVE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold:. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AMERICHOICE FEDERAL CREDIT UNION 20 SPORTING GREEN DRIVE MECHANICSBURG, PA 17050 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HOUSEHOLD REALTY CORPORATION 25 GATEWAY DRIVE, SUITE 107 MECHANICSBURG, PA 17055 SUSQUEHANNA VALLEY FEDERAL 1213 SLATE HILL ROAD CREDIT UNION CAMP HILL, PA 17011 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 maybe affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Attn: John Murphy Department of Public Welfare TL Casualty Unit Estate Recovery Program Internal Revenue Service Federated Investors Towers 6TH Floor, Strawberry Square Dept. 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 Thirteenth Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 38 CENTER DRIVE CAMP HILL, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare 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. May 22, 2003 DATE ~ F DERMAN, ESQUIRE Attorney for Plaintiff ;• THE HUNTINGTON MORTGAGE COMPANY CUMBERLAND COUNTY Plaintiff, . ~, No. 03-125 MICHAEL J. CASSIDY Defendant(s). May 20, 2003 TO: MICHAEL J. CASSIDY 38 CENTER DRIVE CAMP HILL, PA 17011 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAYEPREVIOUSLYRECEIVED ADISCHARGE IN BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, TH'S 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 , 38 CENTER DRIVE, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on 9/3/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $101,629.05 obtained by THE HUNTINGTON MORTGAGE COMPANY (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 SALE To prevent this Sheriffs Sale, you must take immediate action: 1. 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. 2. You maybe 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 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. l . 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 maybe 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 Sheriff the 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 maybe 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 filed with the Sheriff within 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 tract of land situate in the Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on the western side of a 50 foot wide road known as Center Drive which point, measured along the western side of Center Drive, is 80 feet north of the northwest corner of Center Drive and Citadel Drive and which point also is at the northeast corner of Lot No. 65 on the Plan of Lots hereinafter ref erred to; thence westwardly at right angles to Center Drive and along the northern line of Lot No. 65 aforesaid 125 feet to a point at the eastern side of Lot No. 63 on the Plan of Lots hereinafter referred to; thence northwardly on a line parallel with the western side of Center Drive and along the eastern line of Lot No. 63 aforesaid 70 feet to a point at the southern line of Lot No. 67 on the Plan of Lots hereinafter referred to; thence eastwardly at right angles to Center Drive and along the southern line of Lot No. 67 aforesaid 125 feet to a point at the western side of Center Drive;. thence southwardly along the western- side of Center Drive 70 feet to a point, being the place of BEGINNING. BEING Lot No. 66 on the Plan known as "Part of Plan No. 2, Cedar Cliff Manor", which Plan is of record in the Cumberland County Recorder's Office in Plan Book 7 at Page 13. BEING KNOWN AS 38 CENTER DRIVE, CAMP HILL, PA 17011. TAX MAP # 23-0545, PARCEL # 433 TITLE TO SAID PREMISES IS VESTED IN Michael J. Cassidy, Widower by reason of the following: BEING THE SAME premises which George S. Milus and Jean M. Milus, his wife by Deed dated 7/11/1986 and recorded on 7111/1986 in the County of Cumberland in Deed Book "A" Volume 32 Page 301 conveyed unto Michael J. Cassidy and Catherine E. Cassidy, his wife. AND THE SAID Catherine E. Cassidy died on 9/24/2000 whereby title to said premises became vested in Michael J. Cassidy by operation of law and right of survivorship. WRIT OF EXECUTION and/oIr ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-125 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE HUNTINGTON MORTGAGE COMPANY Plaintiff (s) From MICHAEL J. CASSIDY, 38 CENTER DRIVE, CAMP HILL PA 17011. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 38 CENTER DRIVE, CAMP HILL PA 17011 (SEE ATTACHED 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 duected to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $101,629.05 L.L. $.50 Interest 5/21/03 to 9/3/03 @ $16.71 per diem = $1,771.26 Atty's Comm % Due Prothy 1.00 Atty Paid $126.04 Plaintiff Paid Other Costs Date: JUNE 4, 2003 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. CURTIS R. LONG Protho ry By: ~'~~ Deputy Address: ONE PENN CENTER @ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215)563-7000 Supreme Court ID No. 12248 Real Estate Sale # 40 On June 6, 2003 the sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA known and numbered as 38 Center Drive, Camp Hill, more fully described on Exhibit "A" Q filed with this writ and by this reference incorporated herein. r~ Date: June 6, 2003 By: ~c~ ~~~{ Real Estate Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND 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: JULY 18, 25, 2003 AUGUST 1, 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. before me this LC23~ E. ~'Vl~rl, Pubic ~~~ , ~~ ~' E fi~erch 5~ 1 day of AUGUST, 2003 >RiAL ESTA?t 8dii.~ 1~f0. 40 Writ No. 2003-1256 Civil The Huntington Mortgage Company vs. Michael J. Cassidy Atty.: Frank Federman ALL TIHAT CERTAIN lot or tract of land situate in the Lower Allen Township. Cumberland County, Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on the western side of a 50 foot wide road known as Center Drive which point. measured along the western side of Center Drive, is 80 feet north oi' the northwest corner of Center Drive and Citadel Drive and which point also is at the northeast corner of Lot No. 65 on the Plan of hots here- inafter referred to; thence west- wardly at right angles to Center Drive and along the northern line of Lot No. 65 aforesaid 125 feet to a point at the eastern side of Lot No. 63 on the Plan of Lots hereinafter referred to; thence northwardly on a line parallel with the western side of Center Drive and along the east- ern line of Lot No. 63 aforesaid 70 feet to a point at the southern line of Lot No. 67 on the Plan of Lots hereinafter referred to; thence east- wardly at right angles tv Center Drive and along the southern line of Lot No. 67 aforesaid 125 feet to a point at the western side of Cen- ter Drive; thence southwardly along the western side of Center Drive 70 feet to a point, being the place of BEGINNING. BEING Lot No. 66 on the Plan known as "Part of Plan No. 2. Ce- dar Cliff Manor", which Plan is of record in the Cumberland County Recorders Office in Plan $ook 7 at Page 13. BEING KNOWN AS 38 CENTER DRIVE, CAMP HILL, PA 17011. TAX MAP # 23-0545. PARCEL # 433. TITLE TO SAID PREMISES IS VESTED IN Michael J. Cassidy, Widower by reason of the follow- ing: BEING THE SAME premises which George S. Milus and Jean M. Mllus. his wife by Deed dated 7/ 11 / 1986 and recorded on 7/11/1986 in the County of Cumberland in Deed Book "A" Volume 32 Page 301 conveyed unto Michael J. Cassidy and Catherine E. Cassidy. his wife. AND THE SAID Catherine E. Cas- sidy died on 9/24/2000 whereby title to said premises became vested in Michael J. Cassidy by operation of law and right of survivorship. ~~~ ' THE k~'ATRIOT NEWS THE SUNDAY PATRIOT NEVVS Proof of Publication Under Act No. 587, Approved May 16, 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 organize~9 and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business ad 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 circulation, 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 July and the 5th day(s) of August 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. PUBLICATION ............. .~~~..°~....r~~......~. .. ... -~..................... COPY Sworn t subscribed is 13~ih day o~`Au u_ 03 A.D. Notarial Seal SALE #40 Terry L. Russell, Notary Public f~ ~ ; ~L~ ~. ~~,.% city of t-larristx,ry, oaupnin Caxtty MycorrxrwssionExpiresJune6,2006 NC) ARY PUBLIC Member, PennsyNar>ia Association OI Notaries My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY 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 $ 261 .45 Probating same Notary Fee(s) $ 1.75 Total $ 263.20 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .......................... REAL ESTATE SALE No. 40 WrR No. 2003-1256 Clvll Term The Huntington Mortgage Co. Vs Michael J. Cassidy Atty.: Frank Federman DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a 9cint on the western side of a 50-foot-wide road known as Center Drive which point, measured along the westem side of Center Drive, is 80 feet :;~rth of the northwest comer of Center Drive and Citadel Drive and which point also is at the northeast corner of Lot No. 65 on the Plan of Lots hereinafter referred to; thence westwardly at right angles to Center Drive and along the northern line of Lot No. 65 aforesaid 125 feet to a paint at the eastern side of Lot No. 63 on the Plan of Lots hereinafter referred to; thence northwatdly on a line parallel with the western side of Center Drive and along the eastern line of Lot No. 63 aforesaid 70 feet to a point at the southern line of Lot No. 67 on the Plan of Lots hereinafter referred to; thence eastwardly at right angles to Center Drive and along the southern Line of Lot No. 67 aforesaid 125 feet to a point at the westem side of Center Drive; thence southwardly along the westem side of Center Drive 70 feet to a point, being the place of BEGINNING. BEING Lot no. 66 on the Plan known as "Part of Plan No. 2, Cedar: Cliff Manor", which Plan is of record in the Cumberland County Recorder's Office in Plan Book 7 at Page 13. BEING KNOV ' as 38 Center Drive, Camp Hill, PA 17011.. TAX MAP NO.: r.3-0545; PARCEL NO.: 433. TITLE TO SAID, PREMISES is vested in Michael J. Cassidy, Widower, by reason by the following: BEING THE SAME premises which George S. Milos and Jean M. Milos, his wife, by Deed dated 7/1111986 and recorded on 7111/1986 in the County of Cumberland in Deed Book "A"Volume 32 Page 301 conveyed unto Michael J. Cassidy and Catherine E. Cassidy, his wife. AND THE SAID Catherine E. Cassidy died on 9/24/2000 whereby title to said premises became vested in Michael J. Cassidy by operation of law and right of survivorship. IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: MICHAEL J. CASSIDY Debtor/Movant THE HUNTINGTON MORTGAGE COMPANY Respondent IN BANKRUPTCY BK. NO. 1-04-00434 CHAPTER 7 PROCEEDING CUMBER]LAND COUNTY COURT OF COMMON PLEAS, PENNSYLVANIA NO. 03-12:5 JUDICIAL LIEN AVOIDANCE ORDER OF COURT FOR JUDGMENT BY DEFAULT AND NOW, this /,~ day of ~:~._, 2004, in consideration of the within Motion for an Order Of Court for Judgment by D-efafilt, filed by Counsel for the Debtor/Movant, the Court finds the Respondent has failed to file an Answer or otherwise [)lead to the Motion for an Order Avoiding Judicial Lien Pursuant to I 1 U.S.C. Section 522 filed on March 3, 2004, and duly served upon the Respondent; therefore, the Court orders judgment by default in favor of the Debtor/Movant, Michael J. Cassidy, and against the Respondent, The Huntington Mortgage Company, as to the relief requested in the Motion. IT IS HEREBY ORDERED, adjudged and decreed that 'the judgment lien held by the Respondent, to which a levy would attach to Debtor's personal possessions as he owns no real estate, is hereby declared void in its entirety as to the Debtor/Movant only and of no further force and effect as it violates 11 U.S.C. Section 522(f)(I) of the Bankruptcy Code relating to exemptions. Per ~-'~ ..... u,~ '~ BY THE COURT: Bankruptcy Judge ' LED HARR,SBURO -- PA APR 15 2004 CI?_rk, U.S; B,~nkruptcy Court