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Home My WebLink About03-0265FEDERMAN 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 CITIMORTGAGE INC. D/B/A CITICORP MORTGAGE, F/K/A SOURCE ONE MORTGAGE CORPORATION 27555 FARMINGTON ROAD, P.O. BOX 1505 FARMINGTON HILLS, MI 48333 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Vo Plaintiff BRYAN P. GARDNER ANDREA P. GARDNER 407 FIFTH STREET P.O. BOX 83 SUMMERDALE, PA 17093 TERM NO. C9. - CUMBEI~AND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 #: 702963203 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1. Plaintiff is CITIMORTGAGE INC. D/B/A CITICORP MORTGAGE, F/FdA SOURCE ONE MORTGAGE CORPORATION 27555 FARMINGTON ROAD, P.O. BOX 1505 FARM1NGTON HILLS, MI 48333 The name(s) and last known address(es) of the Defendant(s) are: BRYAN P. GARDNER ANDREA P. GARDNER 407 FIFTH STREET P.O. BOX 83 SUMMERDALE, PA 17093 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 03/31/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to BROADVIEW MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1604, Page 753. By Assignment of Mortgage recorded 04/05/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 641 Page 854. 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 02/01/2002 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. 10. The following amounts are due on the mortgage: Principal Balance Interest 01/01/2002 through 01/16/2003 (Per Diem $20.60) Attorney's Fees Cumulative Late Charges 03/31/2000 to 01/01/2003 Cost of Suit and Title Search Subtotal $88,441.83 7,848.60 1,250.00 399.60 $ 550.00 $ 98,490.03 Escrow Credit 0.00 Deficit 1,843.36 Subtotal $ 1,843.36 TOTAL $100,333.39 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 author/zed 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. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $100,333.39, together with interest from 01/16/2003 at the rate of $20.60 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. FEDERMAN AND PHELAN,,I~L~/ By: /s/Francis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALL1NAN, ESQUIRE Attorneys for Plaintiff ALL TH~.T _(W~TAllq pf~e or p&'~! ot'land ~.~- ;. ~.ast Pcnn~boro Co~mty. F,',,-?~dv.ni~, boundcd ~ud desex'bed u ~Zowe, to wit: TI,T~iENNING a~ 8 po~ in thc muthcnt conwr of'the in~tlon of Miller and Fil~ $~'M~. th.-,cc ~sCwardly &long thc foudxnn llno of Mlller Strcc~ 40 ~ to a point; die,ce southwur~y p~mllcl with Fifth SI:cst L~O fi:d:t m a prGn* [~ tho ~n'thC~ ]in~ oft 12 fo~ wid~ ~, thence wcs~w~udly ~luul~ tho flor~'a lir~ oruJd 12 f~ot w~xie dley 40 fe~C ~o e pOint in thc ncn~heut comer of'thc ;~_.m%-c~ion ofnld 12 roo~ wide all~ end Pi~ SLr,=r~ thn~ce nortiwardl,/aionS thc csstcm linc of'lrLt~ Street 150 fee~ to a pOint, thc phco oi'BEGII~qINC]. be/ag rccordai in the Cumbcrlnd C~unty P,~rde~ Office In Plan Ikmk 1, ~ 44, ~ in Plen Book2, Pf~c HAVI6'N th=~u erected a tx'lek end ~luminum nmch dwelling known and ~-~l~r~i as 407 Fifth Street, VERIFICATION FRANCIS S. HALL1NAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon infomJation supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiffas soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsification to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2003-00265 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC ET AL VS GARDNER BRYAN P ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GARDNER BRYAN P the DEFENDANT , at 1521:00 HOURS, on the 29th day of January at 407 FIFTH STREET SUMMERDALE, PA 17093 by handing to BRYAN GARDNER a true and attested copy of COMPLAINT - MORT FORE , 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before mithis ~ ~___i~ day of '~d'~.q,~,..~ c~O0 '~ A.D. So Answers: R. T~om~s KS±ne 01/30/2003 ~ FEDERMAN & PHELAN / By: D/~S h~e~r~ SHERIFF'S RETURN - REGULAR CASE NO: 2003-00265 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC ET AL VS GARDNER BRYAN P ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GARDNER ANDREA P the DEFENDANT , at 1521:00 HOURS, on the 29th day of January at 407 FIFTH STREET SUMMERDALE, PA 17093 by handing to BRYAN GARDNER, HUSBAND a true and attested copy of COMPLAINT - MORT FORE , 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~{3~ day of ~-~t~JZ~ 2,003 A.D. So Answers: R. Thomas Kline ~ 01/30/2003 ~ FEDERMAN & PHE~By: ~ Deputy Sheriff FEDERMANAND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215)563-7000 Attorney for Plaintiff CITIMORTGAGE INC., D/B/A CITICORP MORTGAGE, F/K/A SOURCE ONE MORTGAGE CORPORATION Plaintiff vs. BRYAN P. GARDNER ANDREA p. GARDNER Defendants COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : No. 03 -265 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSD~.: TO THE PROTHONOTARY: Kindly reinstate the Civil Action in. Mortgage Foreclosure with reference to the above captioned matter. Date: FEBRUARy 20, 2003 Attorney for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2003-00265 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC ET AL VS GARDNER BRYAN P ET AL , Sheriff or Deputy Sher: DAWN.KELL Cumberland County, Pennsylvania, who being duly sworn a( says, the within COMPLAINT - MORT FORE was served GARDNER ANDREA P DEFENDANT , at 1937:00 HOURS, on the 1st day of at 315 SPRING LANE ENOLA, PA 17025 by handing to ANDREA GARDNER ff of cording to law, a true and attested copy of COMPLAINT MORT FORE and at the same time directing Her attention to the cc 18.00 20.70 .00 10.00 .00 48.70 Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: R. Thomas Kline 04/02/2003 FEDERMAN & PHELAN By: ~O-OJ~, Deputy Lpon the Dril together with 2003 neriff Sworn and Subscribed to before me this 9 ~ day of ,~hL~f ~%~03 A.D. ~P~othonotary )ntents thereof. AFFIDAVIT OF SERVICE PLAINTIFF CITIMORTGAGE INC. D/B/A CITICORP MORTGAGE, FfKIA SOURCE ONE MORTGAGE CORPORATION DEFENDANT(S) BRYAN P. GARDNER ANDREA P. GARDNER SERVE ANDREA P. GARDNER AT 315 SPRING LANE ENOLA, PA 17025 CUMBERLAND COUNTY No. 03-265-CV ACCT. #702963203 Type of Action \ - Notice of Sheriff's S~lle Sale Date: 9/3/03 SERVED Served and made known to A~[~e 6~b~/~/~' ,Defendant, onthe '~'~Of dayof ,200~, at q0~__, o'clock~_.n% at , 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)'s residence who refused to give name or relationship. __Manager/Clerk of place of lodging in which Defendant(s) reside(s). __Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: HeightS'3~' Weight/30 Race[~ Sex f Other · a competent adult, being duly sworn according to law, depose and state that I Description: Age ,, G le, personally handed a true and correct copy of the Notice of Sherifffs Sale in the manner as set forth herein, issued in the heforemethisY day / L--, of , 2oo . PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the.. __ day of ,200__, at __ o'clock __.ra., Defendant NOT FOUND because: Moved Unknown__ No Answer __ Vacant 1st Atteiapt: / / Time: 2'''~ Attempt: / / Time: 3rd Attempt:. / / Time: : Sworn to and subscribed before me this __ day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CITIMORTGAGE INC. D/B/A CITICORP MORTGAGE, F/K/A SOURCE ONE MORTGAGE CORPORATION ATTORNEY FOR PLAiNTIFF COURT OF COMMON PLEAS CIVIL DIV'iSION CUMBERLAND COUNTY No.: 03-265-CV VS. BRYAN P. GARDNER ANDREA P. GARDNER MOTION FOR SERVICE PURSU.~NT TO SPECIAL ORDER OF COURI Plaintiff, by its counsel, Frank Federman, Esquire, moves this Honorable Court for an Order directing service of the Notice of Sale upon the above captioned Defendant(s) by certified mail and regular mail to Defendant's last known address. 1. Attempts to serve Defendant with Notice of Sale haw,· been unsuccessful, as indicated by the Affidavit of Service attached hereto as Exhibit "A." 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiffhas made a good faith effort to locate the Defendant. An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the result there from is attached hereto as Exhibit "B." WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CITIMORTGAGE INC. D/B/A CITICORP MORTGAGE, F/K/A SOURCE ONE MORTGAGE CORPORATION ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 03-265-CV VS. BRYAN P. GARDNER ANDREA P. GARDNER MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiffmay move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service carmot be made. Note: A Sheriff's return of"Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362,357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) 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 registration records, local tax records, and motor vehicle records. As indicated by the attached Affidavit of Service, marked hereto as Exhibit "A", the Sheriffhas been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Good Faith Investigation, marked Exhibit "B." WItEREFORE, Plaintiff respectfully requests service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. Respectfully submitted: FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF AFFIDAVIT OF SERVICE PLAINTIFF CITIMORTGAGE INC. D/B/A CITICORP MORTGAGE, F/IIJA SOURCE ONE MORTGAGE CORPORATION DEFENDANT(S) BRYAN P. GARDNER ANDREA P. GARDNER SERVE BRYAN P. GARDNER AT 407 FIFTH STREET, P.O. BOX 83 SUMMERDALE, PA 17093 CUMBERLAND COUNTY No. 03-265-CV ACCT. #702963203 Type of Action - Notice of Sheriff's Sale Sale Date: 9/3/03 SERVED Served and made known to at , o'clock __.ra., at Defendant, on the day of ,200_, , 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)'s residence who refused to give name or relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: " Other Description: Age __ Height __ Weight __ Race __ oex __ I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a tree and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of ,200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of 200_, at __ o'clock __.m., Defendant NOT FOUND because: Moved 1st Attempt: 5 3rd Attempt: Unknown No Answer /~'~/0~ Time: ~0:~. '~ / I / 07 Time: ~{oo: I'M Vacant 2"d Attempt: Time: Sworn to and subfi3:.r~ed before me this 9''Oc day of ~.j/~m~' .200~_. Nora.: ~ff/~tt~t~ ~ ~.'L.~ By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 SKN Data Research Inc. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 3-7473PA Attorney Firm: Federman & Phelan Subject: Bryan P. Gardner Current Address: 407 Fifth St. PO Box 83 Summerdale, PA 17093 Property Address: 407 Fifth St. PO Box 83 Summerdale, PA 17'093 Mailing Address: 407 Fifth St. PO Box 83 Summerdale, PA 17093 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 Bryan P. Gardner - 200-58-4831 B. EMPLOYMENT SEARCH Bryan P. Gardner - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Bryan P. Gardner reside(s) at: 407 Fifth St. FO Box 83 Summerdale, PA 17093 II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 7-17-03 our office contacted directory assistance which indicated that Bryan P. Gardner reside(s) at: 407 Fifth St. PO Box 83 Summerdale, PA 17093. Our office made a telephone call to the mortgagors phone number and received the following information: 717-728-7606 no answer. HI. INQUIRY OF NEIGHBORS On 7-1%03 our office contacted or attempted to contact D. Blosser 403 Fifth St. who said there is a Bryan there and he is in the process of moving, they were not able to verify that Bryan P. Gardner reside(s) at: 407 Fifth St. PO Box 83 Summerdale, PA 17093 iV. INQUIRY OF POST OFFICE A. NATIONAL ADDRESS UPDATE On %17-03 we reviewed the National Address database and found the following information, Bryan P. Gardner = 407 Fifth St. PO Box 83 Summerflale, PA 17093 B. ADDITIONAL ACTiVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible marling address: no addresses on file V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were nnable to obtain address information on Bryan P. Gardner. VI. OTHER INQUIRIES A. DEATH RECORDS As of 7-17=03 Vital Records and all public databases have no death record on f'fle for Bryan P. Gardner. B. COUNTY VOTER REGISTRATION The Cumberland County Voter registration has a registration for Bryan P. Gardner residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Bryan P. Gardner -YOB 1971 B. A.K.A. uone * 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. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. 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 ~. Sec. 4904 relating to unsworn falsification to authorities. AFFIANT Scott ~.Nulty SKN Data Research Inc. President Sworn to and subscribed before me this ,/7~' day of t~/~/~ 2003 }qO~AR~PUBLIC ~ / Nota~l Seal cMargaret E Nulty, Notary public ~ast Goshen Twp., Chester ~ounty_ .. My Commission Expires Dec. 19, 2005 The above information is obtained from available public records and we are only liable for the cost of the affidavit VERIFICATION FRANK FEDERMAN, ESQUIRE, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and thai the statements made in the foregoing MOTION FOR SERVICE OF THE NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT are tree and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE ~ ATTORNEY FOR PLAiNTIFF FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CITIMORTGAGE INC. D/B/A CITICORP MORTGAGE, F/K/A SOURCE ONE MORTGAGE CORPORATION VS. BRYAN P. GARDNER ANDREA P. GARDNER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CLIMBERLANI) COUNTY No.: 03-265-CV CERTIFICATION OF SERVICE I, FRANK FEDERMAN, ESQUIRE, hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individuals indicated below on July 23, 2003. BRYAN P. GARDNER 407 FIFTH STREET, P.O. BOX 83 SUMMERDALE, PA 17093 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Date: July 23, 2003 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, Pa 19103 ooo CITIMORTGAGE INC. D/B/A CITICORP MORTGAGE, F/K/A SOURCE ONE MORTGAGE CORPORATION VS. BRYAN p. GARDNER ANDREA p. GARDNER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 03-265-CV ORDER AND 5)~ J~ · ~ NOW, this _.~ day of~ .2003, upon consideration of Plaintiffs Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above captioned Defendant(s), BRYAN p. GARDNER, by mailing a tree and correct copy of the Notice of Sale by certified mail and regular mail to Defendant's last known address. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Office an Affidavit of service. o%5° FEDERMAN AND PHELAN BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEY FOR PLAINTIFF CITIMORTGAGE INC. D/B/A CITICORP MORTGAGE, F/K/A SOURCE ONE MORTGAGE CORPORATION VS. BRYAN P. GARDNER ANDREA P. GARDNER CUMBERLAND COUNTY COURT OF COMMON PLEAS C1VIL DIVISION NO. 03-265-CV VF.R I[~TC~ A TTON I hereby certify that a true and correct copy of the Notice of Sheriffs Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to the following person(s) BRYAN P. GARDNER on AJ2Cal2SI~ at 407 FIFTH STREET, P.O. BOX 83, SUMMERDALE, PA 17093, in accordance with the Order of Court dated, ]LIlSL31Z_21X~. The undersigned understands that this statement is made subject to the penalties of 18 PA. C.S. s4904 relating to unswom falsificaton to authorities. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF DATE: August 6, 2003 FEDERMAN AND PHELAN By: FRANK FEDERMAN. ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 2L~_5 ) 563-7000 CITIMORTGAGE 1NC. D/'B/A CITICORP MORTGAGE, F/K/A SOURCE ONE MORTGAGE CORPORATION BRYAN p. GARDNER ANDREA p. GARDNER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CD/IL DIVISION CUMBERLAND COL.~Ty No.: 03-265-CV ORDER AND NOW, thi _s~_~ay offS" , 2003, upon consideration of Plaintiff's Motmn and the Affidavit of Good Froth lnvOtigat:on attached thereto, :t ~s hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above captioned De~endant(s), BRYAN p. GARDNER, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to Defendant's last known address. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by PlaintifFs attorney, who will file with the Prothonotary's Office an Affidavit of service. BY THE COURT: J. 7160 39~1 9848 0306 5422 TO: BRYAN P. GARDNER 407 FIFTH STREET, P.O. BOX 83 sUMMERDALE, PA [7093 SENDER: TEAM 2 3RL REFERENCE: PS Form 3800 June 2000 '7 - RECEIPT C~ Ceded Fee ~ 2'30 Receipt for ~,'~,~. 1 ~l/// Ce~,~d Ma;~ ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE 1NC. D/B/A CITICORP MORTGAGE, F/KJA SOURCE ONE MORTGAGE CORPORATION VS. BRYAN P. GARDNER ANDREA P. GARDNER ' N ) CWIL ACTIO ) ) CIVIL DIVISION ) NO. 03-265-CV AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129. COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for CITIMORTGAGE INC. D/B/A CITICORP MORTGAGE~ F/K/A SOURCE ONE MORTGAGE,, CORPORATION hereby verify that on May 14~ 2003 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE:~2003 FRANK FEDI~RI~I-AN, ESQUIRE Attorney for Plaintiff 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 Citimortgage lnc dba Citicorp Mtg 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 14th day of May, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 265, at the suit of Citimortgage ][nc dba Citicorp Mtg fka source One Mt~ corp against Bryan P ardner & Andrea P is duly recorded in Sheriff's Deed Book No. 259, Page 3351. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this .~.~... day of ~ , A.D. 2003 Recorder of Deeds Citimortgage Inc. d/b/a Citicorp Mortgage f/k/a Source One Mortgage Corporation VS Bryan P. Gardner and Andrea P. Gardner In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-265 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2003 at 7:28 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sale and Description, in the above entitled action, upon the within named defendant, to wit: Bryan P. Gardner, by making known unto Bryan Gardner personally, at 246 N. Enola Dr., A pt. 2, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on June 12, 2003 at 6:33 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sale and Description, in the above entitled action, upon the within named defendant, to wit: .Cndrea P. Gardner, by making known unto Andrea Gardner personally, at 315 Spring Lane, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 10, 2003 at 9:55 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 Bryan P. Gardner and Andrea P. Gardner located at 407 Fifth Street, Summedale, 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 one of the within named defendants, to wit: Bryan P. Gardner, by regular mail to his last known address of 246 North Enola Dr., Apt. 2, Enola, PA 17025. This letter was mailed under the date of July 11, 2003 and never returned to the Sheriffs Office. 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 Sheriffmailed a notice of the pendency of the action to one of the within named defendants, to wit: Andrea P. Gardner, by regular mail to her last known address of 315 Spring Lane, Enola, PA 17025. This letter was mailed under the date of July 11, 2003 and never returned 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, Permsylvania on September 3, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Citimortgage, Inc., d/b/a Citicorp Mortgage, f/k/a Soume One Mortgage Corporation. It being the highest bid and best price received for the same, Federal Home Loan Mortgage Corporation of 8200 Jones Branch Drive, McLean, VA 22102, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $820.25. Sheriffs Costs: Docketing $30.00 Poundage 15.04 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 31.05 Levy 15.00 Surcharge 30.00 Law Journal 279.35 Patriot News 253.87 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 820.25 Sworn and subscribed to before me So ~.ns~ers: This R. Thomas Kline, Sheriff ?r6thonotary Real Estate(10eputy CITIMORTGAGE INC. DfB/A CITICORP MORTGAGE, F/K/A SOURCE ONE MORTGAGE CORPORATION Plaintiff, ¥o BRYAN P. GARDNER ANDREA P. GARDNER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 03-265-CV AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CITIMORTGAGE INC. D/B/A CITICORP MORTGAGE, F/K/A SOURCE ONE MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of thc date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,407 FIFTH STREET, P.O. BOX 83, SUMMERDALE, PA 17093. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BRYAN P. GARDNER 407 FIFTH STREET, P.O. BOX 83 SUMMERDALE, PA 17093 ANDREA P. GARDNER 315 SPRING LANE ENOLA, PA 17025 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) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address caunot be reasonably ascertained, please indicate) CHASE MANHATTAN BANK, AS INDENTURE TRUSTEE C/O RESIDENTIAL FUNDING CORPORATION 1301 OFFICE CENTER DRIVE, SUITE 200 FORT WASHINGTON, PA 19084-3228 5. Name and address of every other person who has any record lien on the property: Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Nallle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 407 FIFTH STREET, P.O. BOX 83 SUMMERDALE, PA 17093 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare 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 13. 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CITIMORTGAGE INC. D/B/A CITICORP MORTGAGE, F/K/A SOURCE ONE MORTGAGE CORPORATION Plaintiff, BRYAN P. GARDNER ANDREA P. GARDNER Defendant(s). TO: BRYAN P. GARDNER 407 FIFTH STREET, P.O. BOX 83 SUMMERDALE, PA 17093 CUMBERLAND COUNTY No. 03-265-CV May13,2003 ANDREA P. GARDNER 315 SPRING LANE ENOLA, PA 17025 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURs°OSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 407 FIFTH STREET, P.O. BOX 83, SUMMERDALE, PA 17093~ 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 $102,743.59 obtained by CITIMORTGAGE INC. D/B/A CITICORP MORTGAGE, F/K/A SOURCE ONE MORTGAGE CORPORATION (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: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open thc 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. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563~7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the Southeast corner of the intersection of Miller and Fifth Streets; thence Eastwardly along the Southern line of Miller Street 40 feet to a point; theuce Southwardly parallel with Fifth Street 150 feet to a point in the Northern line of a 12 foot wide alley; thence Westwardly along the Northern line of said 12 foot wide alley 40 feet to a point in the Northeast corner of the intersection of said 12 foot wide alley ,'md Fifth Street; thence Northwardly along the Eastern line of Fifth Street 150 feet to a point, the place of beginning. BEING a part of Lot No. 40, Section "C", on the Plan of Summerdale, Pennsylvania; said Plan being recorded in the Cumberland County Recorders Office in Plan Book 1, Page 44, revised in Plan Book 2, Page 109. HAVING thereon erected a brick and aluminum ranch dwelling known and numbered as 407 Fifth Street. TAX PARCEL #11~300%057 TITLE TO SAID PREMISES IS VESTED IN Bryan P. Gardner and Andrea P. Gardner, husband and wife by Deed from Barry L. Hand and Wanda A. Hand, husband and wife dated 3/31/2000 and recorded 4/5/2000 in Deed Book 218, Page 950. Property: 407 FIFTH STREET, P.O. BOX 83 SUMMERDALE, PA 17093 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO03-265 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debl:, interest and costs due CITIMORTGAGE INC D/B/A CITICORP MORTGAGE F/FdA SOURCE ONE MORTGAGE CORPORATION Plaintiff (s) From BRYAN P GARDNER 407 FIFTH STREET P O BOX 83 SUMMERDALE PA 17093 ANDREA P GARDN~ER 315 SPRING LANE ENOLA PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also direc, ted 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 fi.om 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 DueS102,743.59 L.L.$0,50 Interest FROM 5/14/03 TO 9/3/03 (PER DIEM-S16.89) $1,908.57 Atty's Corem % Due Prothy $1.00 Arty Paid $185.74 Other Costs Plaintiff Paid Date: May 14, 2003 (Seal) CURTIS R. LONG Prothonotary By: %~t.~ ~/~ ~ Deputy REQUESTING PARTY: Name FRANK FEDERMAN ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215)563-7000 Supreme Court ID No. 12248 Real Estate Sale # 28 On May 16, 2003 the sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA known and numbered as 407 Fifth St., P.O. Box 83, Summerdale, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 16, 2003 Real Estate Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct 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 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 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 ................................ COPY Sworn t(0,.gt{'d s~bscribed before//m.~'~ 13th day fAun003 A.D. Te~/L. Russ~ ~Qty~j, Daup~n ~ I NOI~AIRt'V PUBLIC ~ .... .~._,E~. ~e~Ju~e§,..'~.. ~y commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COuN'rY COURTHOUSE CARLISLE, PA. 17013 REAL. _E~rA'l'E ~LE Ne. 28 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 252.12 $ 1.75 $ 253.87 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav 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. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA.' COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January. 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: 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. REAL E~TATE SALE IgO. 25 Writ No. 2003-265 Civil Cltimortgage Inc., d/b/a Citicorp Mortgage, f/k/a Source One Mortgage Corporation Bryan p. Gardner alld Andrea P. Gardner Atty.: Frank Federm~axl DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in East Penns- boro Township. Cumberland Coun ty, Pennsylvania, bounded and de scribed as follows, to wit: BEGINNING at a polni in the Southeast comer of the intersection of Miller and Fifth Streets; thence Eastwardly along the Southern line of Miller Street 40 feet to a point. thence Southwardly parallel with Fifth Street 150 feet to a point in the Northern line of a 12 foot wide alley; thence Westwardly along the Northern line of said 12 foot wide alley 40 feet to a point in the North c~SWORN TO AND SUBSCRIBED before me this 1 dayof AUGUST, 2003 LO~ E. SN'YDER, No~y Public