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HomeMy WebLinkAbout03-0502Spear & Hoffman, P.A. BY: LAURENCE CHASHIN, ESQUIRE Attorney I.D. No. 77558 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 5300425849 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS 9451 CORBIN AVENUE NORTHRIDGE, CA. 91324 PLAINTIFF, VS. SUSAN K. MCCLINTOCK 144 SOUTH LOCUST POINT ROAD, MECHANICSBURG, PA 17055 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. ~ - .ot"O ~ COMPLAINT - CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim 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 Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 AVISO Le han demandado a usted en la torte. Si usted quiere defendcrse de estas demandas expuestas en las paginas siguientes, usted tien¢ veinte (20) dias de plazo a partir de la fecha de la demanda y la notification. Hate falta asentar una comparencia escrita o en persona o con un abogado y entregar a la cort¢ en forma escrita sus defensas o sus objeciones a las demandadas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la torte puede decidir a favor del demandato y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades o otros dereches importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA.lO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 Spear & Hoffman, P.A. BY: LAURENCE CHASHIN, ESQUIRE Attorney I.D. No. 77558 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 5300425849 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS 9451 CORBIN AVENUE NORTHRIDGE, CA. 91324 PLAINTIFF, VS. SUSAN K. MCCLINTOCK 144 SOUTH LOCUST POINT ROAD, MECHANICSBURG, PA 17055 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 0,.~ - ,~OO& COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS, with its principal place of business located at 9451 CORBIN AVENUE NORTHRIDGE, CA. 91324. 2. The names and last known addresses of the Defendants are: SUSAN K. MCCLINTOCK, 144 SOUTH LOCUST POINT ROAD, MECHANICSBURG, PA 17055. 3. The interest of each individual Defendant is as mortgagor, real owner of the real property subject to the mortgage described below, or both. 4. On or about JANUARY 24, 2001, Mortgagor made, executed and delivered a Mortgage upon the premises hereinafter described to NORTH AMERICAN MORTGAGE COMPANY, which Mortgage is recorded as follows: Office of the Recorder of Deeds in and for CUMBERLAND COUNTY DATE OF MORTGAGE: JANUARY 24, 2001 DATE RECORDED: JANUARY 30, 2001 BOOK: 1666 PAGE: 710 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g). A true and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by reference. 5. On or about JANUARY 24, 2001, in consideration of her indebtedness to NORTH AMERICAN MORTGAGE COMPANY, SUSAN K. MCCLINTOCK made, executed and delivered to NORTH AMERICAN MORTGAGE COMPANY her promissory Note in the original principal amount The Note is referenced herein only insofar as the terms of the Note are incorporated into of $98,200.00. the Mortgage. 6. Plaintiff is the legal holder of the Mortgage by virtue of being either the original Mortgagee, the legal successor in interest to the original Mortgagee. 7. The Mortgage is secured by property located at 144 SOUTH LOCUST POINT ROAD, MECHANICSBURG, PA 17055, which is more particularly described in the legal description attached hereto as Exhibit "B" and incorporated herein by reference. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, due AUGUST 1, 2002 and monthly thereafter, are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of collection including title search fees and reasonable attomey's fees. 9. The following amounts are due on the Mortgage: Principal Balance $94,980.45 7.375% interest from JULY 1, 2002 to JANUARY 28, 2003 at $19.19 per day $4,068.28 Accrued Late Charges $235.08 Other Fees $7.60 Attorney's Fees $2,839.50 TOTAL AMOUNT DUE $102,130.91 Interest continues to accrue at the per diem rate of $19.19 for every day after JANUARY 28, 2003 that the debt remains unpaid. 10. During the course of this litigation costs may continue to accrue, including but not limited to escrow advances, late charges, attorney's fees, etc. 11. 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. 12. The original principal balance of the Mortgage is in excess of $50,000.00 and therefore, Notice of Intention to Foreclose Mortgage, pursuant to Act 6, 41 P.S. §403 is not applicable. 13. Pursuant to the notice provisions of Act 91, 35 P.S. §1680.403(c), notice was sent to Defendant, dated DECEMBER 10, 2002. Copies of the notices to the defendant are attached as Exhibit "D". Defendant has failed to meet with the plaintiff or any of the consumer credit counseling agencies listed in the notice and/or has further failed to meet the time limitations specified in the notice and/or has been denied assistance from the Pennsylvania Housing Finance Agency. 14. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "D". WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of Plaintiff and against the within named property of the Defendant in the amount set forth in paragraph 9, together with interest accruing after JANUARY 28, 2003, to the date of Judgment, plus 6% legal rate of interest from date of Judgment to Final Sale, and Sheriff Sale costs, together with all costs of suit and any money hereafter expended by the Plaintiff in payment of taxes, sewer and water rents, claims or charges for insurance or repairs and any and all other advances hereafter made by the Plaintiff as stated in paragraph 10, pursuant to the rights and privileges granted under the terms of the subject mortgage, and for foreclosure and sale of the Mortgaged property. SPEAR & HOFFMAN, P.A. CE CHASHIN, ESQUIRE VERIFICATION I, LAURENCE R. CHASHIN, verify that I am the attorney for the plaintiff in this action and that the foregoing Complaint in Mortgage Foreclosure is true and correct to the best of my knowledge, information and belief. I make this verification in lieu of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS. Plaintiff who is outside the jurisdiction of the court and its verification could not be obtained within the time allowed for filing this pleading. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to tmsworn falsification to authorities. DATE: Attorney for Plaintiff Exhibit 'A . G~BERL.I~O OoU~TY'~ T.$oZ p.oon/OIT F-E$il ~ I$ MAnE A p~J~T H~ql~F, tNT gOAO (,s~z) 16~ml ,T17 Exh#~it "B ~ F ~rP~IEII GITF~CT T-$gZ p.O15/91T Exhibit "C" Washington Mutual P.O Box '1039 Northridge, CA 91328-1093 December 10, 2002 '0001861920* Susan K. Mcclintock 144 South Locust Point Mechanicsburg, PA 17055-0000 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counseling agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (persons with impaired heating can call 717-780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. La Notificaion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes set elegible para un prestamo por el programa llamado "Homeowners' Emergency Mortgage Assistance Program" al cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: CURRENT LENDERJSERVICER: Susan K. Mcclintock 144s Locust Point Rd Mechanicsburg, PA 17055 5300425849 Washington Mutual You may be eligible for financial assistance which can save your home from foreclosure and help you make future mortgage pawnenl:; if you comply with the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance: if your default has been caused by circmnstances beyond your control, you have a reasonable prospect of being able to pay your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meeting must occur within the next thirty (30) days. IF YOI ~ DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. Page two 5300425849 CONSUMER CREDIT COUNSELING AGENCIES- If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counseling agencies for the county in which your property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for £mancial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing finance Agency has sixty (60) days to make a decision after it receives you application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT(Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 144s Locust Point Rd Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a)-Monthly payments from 08/01/2002: (b) Late charge(s): (c) Other charge(s): NSF & Advances (d) Less: Credit Balance (e) Total amount required as of 12/09/2002: $4,906.65 $156.72 $7.60 $.00 $5,070.97 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $5~070.97, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to Washington Mutual at COLLECTION SUPPORT MAIL STOP N010201, 9451 CORBIN AVENUE, NORTHRIDGE, CA 91324. Page three 5300425849 IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its right to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) days of the letter date, Washington Mutual also intends to instruct their attorneys to start a legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON-. The mortgaged property will be sold by the Sheriffto pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees actually incurred even if they are over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs. If you cure the default within the THIRTY (30)DAY period, you will not be required to pay attorneys' fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such sheriff's sale could be held is would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender: Address: Telephone Number: Washington Mutual COLLECTION SUPPORT MAIL STOP N010201, 9451 CORB1N AVENUE, NORTHRIDGE, CA 91324 800- 282-4840 EFFECT OF SHERIFF'S SALE- You should realize that a sheriff's sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the sheriff's sale, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT To sell the property to obtain money to pay off the mortgage debt, or borrower money from another lending institutidn to pay off this debt. To have this default cured by any third party acting on your behalf. To have the mortgage restored to the same position as if no default had occurred. (However, you are not entitled to this right more than three times in a calendar year). To assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. To assert any other defense you believe you may have to such action by the lender. To seek protection under the federal bankruptcy law. Pager our 5300425849 Washington Mutual is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. If you notify us in writing at the below address within the thirty day period that the debt, or any portion thereof, is disputed, we will: 1) Provide to you, upon your written request, verification of the debt or a copy of any judgment entered against you. 2) Provide to you, upon your written request, the name and address of your original creditor, if the original creditor is different from the current creditor Unless you dispute the debt within that 30 day period, we will assume that it is valid. Sincerely, Washington Mutual We are attempting to collect a debt, and any information that we receive may be used for that purpose. Exhibit 'D' NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, (the Act) 15 U.S.C. SECTION ] 601 AS AMENDED 1. This law firm ma), be deemed a "debt collector" under the Fair Debt Collection Practices Act. Any and all information obtained during the prosecution of this lawsuit may be used for the purpose of collecting a debt. 2. The m~ount oft. he debt is s~ated in th~ attached ietter. 3. The Plaintiff as named in the attached letter is the creditor to whom the debt is owed, or is the servicing agenr for the creditor to whom the debt is owed. The undersigned atton~ey represents the interests of the Plaintiff. 4. The debt described in the letter evidenced by the copy of the mortgage note attached · hereto will be assumed to be valid by the creditor's law firm unless the debtor, w/thin thirty days after the receipt of this notice, disputes in writing the Validity of the debt or some portion ~hereo£. 5. If the debtor notifies the creditor's law firm in v~'iting within thirty days of the receipt of tkis notice tl~at the debt or any portion thereof is disputed, the creditor's law firm w/it obtain a verification of the debt and a copy of the verification W/ll be mailed to the debtor by the creditor's law finn. 6.. If the creditor named as Plaintiff in the attached letter is not the originai creditor, and if the debtor makes a written request to the Creditor's law firm witlfin the thirty days from the receipt of this notice, the name and address 0fthe original creditor w/II be maiied to the debtor by the creditor's law firm. 7. FEDERAL LAW GIVES YOU THIRTY DAYS AFTER YOU RECEIVE THIS NOTICE TO DISPUTE THE vALIDITY OF THE DEBT OR ANY PART OF IT. TIlE LAW DOES NOT REQUIRE THAT WE WAiT UNTIL THE END OF THE THIRTY-DAY PER/OD TO CONTINUE WITH THE SUBJECT LEGAL ACTION. IF~ HOWEVER, YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY-DAY PERIOD THAT BEGINS WITH YOUR RECEIPT OF THIS LETTER, TIlE LAW REQUIRES THAT WE SUSPEND OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT TIlE MORTGAGE AND NOTE, INCLUDING SEEKING A DEFAULT IN THE FORECLOSURE SUIT FOR YOUR FAILUB.E TO RESPOND TO THE ATTACHED COMPLAINT '~5~ITIIIN THE TIME REQUIRED UNDER THE SuMMoNS~ UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. IF YOU REQUEST VALIDATION OF THE DEBT, AS STATED HEREIN, YOU ARE UNDER NO OBLIGATION TO RESPOND TO THE SUMMONS AND COMPLAINT UNTIL WE RESPOND WITH THE REQUESTED INFORMATION 8. Written requests should be adch'essed to Spear & Hoffman, P.A., at 1020 North Kings HighWay, Suite 210, Chert3, Hill, NJ 08034. SHERIFF'S RETURN - REGULAR CASE NO: 2003-00502 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS MCCLINTOCK SUSAN K DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon the MCCLINTOCK SUSAN K DEFENDANT , at 144 SOUTH LOCUST POINT ROAD at 1504:00 HOURS, on the 6th day of February , 2003 MECHANICSBURG, PA 17055 MELVIN H MCCLINTOCK SR, FATHER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.52 Affidavit .00 Surcharge 10.00 .00 33.52 Sworn and Subscribed to before me this '~ day of ~k~&-~ ~_5 A.D. ~ 'Prothonotary So Answers: R. Thomas Kline o2/07/2oo3 SPEAR & HOFFMAN Deputy Sheriff SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF LOAN# 5300425849 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS 9451 CORBIN AVENUE NORTHRIDGE, CA. 91324 PLAINTIFF, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET 03-502 CIVIL TERM SUSAN K. MCCLINTOCK 144 SOUTH LOCUST POINT ROAD, MECHANICSBURG, PA 17055 DEFENDANTS PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter Judgment IN REM in the amount of $98,062.63 in favor of the Plaintiff and against the defendant(s), jointly and severally, for failure to file an answer to Plaintiff's Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiff's damages as follows and calculated as stated in the Complaint: Principal of mortgage debt due and unpaid Interest at 7.375% from JULY 1, 2002 to NOVEMBER 26, 2003 (514 days @ $19.19 per diem) Late charges (for certain months prior to default and every month after at a rate of $39.18 per month) Other Fees Advance Balance Attorneys Fees (As stated in Complaint) TOTAL AMOUNT DUE BONNIE DAHL, ESQUIRE Attorney for Plaintiff $94,980.45 $9,863,66 $235.08 $7.60 $2,224.48 $2,839.50 $98,062.63 AND NOW, judgment is entered in favor of the Plaintiff and against the Defendant(s) and damages are assessed as above in the sum of $98,062.63 PRO PROTHY SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS PLAINTIFF, VS. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO, 03-502 CIVIL TERM SUSAN K, MCCLINTOCK DEFENDANT(S) CERTIFICATI~ ~N OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS 9451 COP, BIN AVENUE NORTHRIDGE, CA. 91324 and that the last known address(es) of the judgment debtor (Defendant (s)) is (are): SUSAN K. MCCLINTOCK 144 SOUTH LOCUST POINT ROAD, MECHANICSBURG, PA 17055 SPEAR & HOFFMAN, P.A. BONNIE DAHL, ESQUIRE SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS PLAINTIFF, VS. SUSAN K. MCCLINTOCK DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-502 CIVIL TERM CERTIFICATE OF SERVICE We, Spear and Hoffman, P.A., Attorney for the Plaintiff, hereby certify that we have served by first class mail, postage prepaid, tree and correct copies of the attached papers upon the following person(s) or their attorney of record: SUSAN K. MCCLINTOCK 144 SOUTH LOCUST POINT ROAD, MECHANICSBURG, PA 17055 Date mailed: BY: SPEAR & HOFFMAN, P.A. BONNIE DAHL, ESQUIRE SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS PLAINTIFF, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 03-502 CIVIL TERM SUSAN K. MCCLINTOCK DEFENDANT(S) AFFIDAVIT OF NON-MILITARY SERVICE BONNIE DAHL, ESQUIRE, being duly sworn according to law, deposes and says that he is attorney for Plaintiff in the above-captioned matter, that he makes this Affidavit on Plaintiff's behalf, and that the statements in this Affidavit are tree to the best of his knowledge, information and belief. Defendant, SUSAN K. MCCLINTOCK, is over 21 years of age. His last employment is unknown. Defendant is not in the military service of the United States as contemplated by the Soldiers' and Sailors' Civil Relief Act, as amended. This Affidavit is made in connection with the judgment upon a note and mortgage secured upon the premises located at 144 SOUTH LOCUST POINT ROAD, MECHANICSBURG, PA 17055. BY: SWORN TO AND SUBSCRIBED BEFORE ME THIS c~,'~''~ DAY OF 2So c BONNIE DAHL, ESQUIRE November 26, 2003 SPEAR & HOFFMAN, P.A. BY: LAURENCE R. CHASHIN ATTORNEY I.D. NO. 77558 1020 NORTH KINGS HIGHWAY SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 FAX (856) 755-1570 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS PLAINTIFF, VS. SUSAN K. MCCLINTOCK DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 03-502 CIVIL TERM CERTIFICATION OF MAILING NOTICE PURSUANT TO RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to file a Praecipe for the Entry of Default Judgment was mailed to Defendant(s) and to his, her or their attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe for the Entry of Judgment. A true and correct copy of each Notice is attached hereto, sent as stated. Dated: MARCH 6, 2003 SPEAR & HOFFMAN, P.A. LAL~'RENC~'~ CHASHIN Attorney for Plaintiff SPEAR AND HOFFMAN, P.A. BY: LAURENCE R. CHASHIN ATTORNEY I.D. NO. 77558 1020 NORTH KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 FAX (856) 755-1570 ATTORNEY FOR PLAINTIFF, LOAN NO.: 5300425849 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR 1TS SUCCESSORS AND ASSIGNS PLAINTIFF, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.03-502 CIVIL TERM SUSAN K. MCCLINTOCK DEFENDANT(S) NOTICE SUSAN K. MCCLINTOCK 144 SOUTH LOCUST POINT ROAD, MECHANICSBURG, PA 17055 Date of Notice: MARCH 6, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET HELP: Cumberland County Bar Association 2 Liberty Avenue Carli$1e, PA 17 ! 03 (717) 249-3166 LAURENCE R. CHASHIN Attorney for Plaintiff THIS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR" UNDER THE FAIR DEBT COLLECTION PRACq'ICES ACT. ANY AND ALL INFORMATION OBTAINED DURING THE PROSECUTION OF THIS LAWSUIT MAY BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-502 Civil COUNTY OF CUMBERLAND) CIVIL ACTION .- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC, AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS, Plaintiff (s) From SUSAN K. MCCLINTOCK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or other~vise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $98,062.63 Interest $1,547.51 Atty's Comm % Atty Paid $115.52 Plaintiff Paid Date: DECEMBER 3, 2003 (Seal) Prothonotary By: .~~ ~'~. Deputy L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG REQUESTING PARTY: Name BONNIE DAHL, ESQUIRE Address: 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, N.J. 08034 Attorney for: PLAINTIFF Telephone: 856-755-1560 Supreme Court ID No. 79294 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS VS. ( ) Confessed Judgment ( ) Other File No. 03-502 CIVIL TERM Amount Due $98,062.63 SUSAN K. MCCLINTOCK Interest 1,547.5 l Atty's Corem Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of CUMBERLAND County, for debt, interest and costs upon the following described property of the defendant(s) 144 SOUTH LOCUST POINT ROAD, MECHANICSBURG, PA 17055 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: November 26, 2003 Signature~ Print Name: BONNIE DAHL, ESQUIRE Address: 1020 N. KinRs Hi~zhwav, Suite 210 Cherry Hill, N.J. 08034 Attorney for: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS PLAINTIFF, VS. SUSAN K. MCCLINTOCK DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 03-502 CIVIL TERM CERTIFICATION BONNIE DAHL, ESQUIRE, hereby verifies that she is the auorney 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. BONNIE DAHL, ESQUIRE Attorney for Plaintiff ALL THAT CERTAIN LOT OR PARCEL OF LAND, TOGETHER WITH THE IMPROVEMENTS THEREON ERECTED, SITUATE IN THE TOWNSHIP OF MONROE, COUNTY OF CUMBERLAND, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT; BEGINNING AT A POINT IN THE CENTER LINE OF SOUTH LOCUST POINT ROAD, (L.R.21012), WHICH SAID POINT IS IN THE DIVISION LINE BETWEEN LOTS NUMBERS 1 AND 2 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG THE DIVISION LINE BETWEEN LOTS NUMBERS 1 AND 2 SAID PLAN; SOUTH 62 DEGREES 43 MINUTES 55 SECONDS WEST, 136.27 FEET TO A POINT; THENCE CONTINUING ALONG THE DIVISION LINE BETWEEN LOTS NUMBERS 1 AND 2 ON THE HEREINAFTER MENTIONED PLAN OF LOTS, SOUTH 71 DEGREES 59 MINUTES 35 SECONDS WEST, 35.12 FEET TO A POINT AT CORNER OF LAND NOW OR FORMERLY OF JOSEPH S. FEARNBAUGH AND VIOLET R. FEARNBAUGH, HIS WIFE; THENCE ALONG THE LINE OF SAID LAND NOW OR FORMERLY OF JOSEPH S. FEARNBAUGH AND VIOLET R. FEARNBAUGH, HIS WIFE, NORTH 25 DEGREES WEST 66.15 FEET TO A POINT IN THE LINE OF LAND NOW OR FORMERLY OF WARREN S. RADABAUGH; THENCE ALONG THE LINE OF SAID LAND NOW OR FORMERLY OF WARREN S. RADABAUGH, SOUTH 59 DEGREES WEST, 33.11 FEET TO A POINT IN THE LINE OF LAND KNOW OR FORMERLY OF MONROE CORPORATION; THENCE ALONG THE LINE OF SAID LAND NOW OR FORMERLY OF MONROE CORPORATION, NORTH 59 DEGREES EAST, 173.58 FEET TO A POINT; THENCE ALONG THE LINE OF LAND OF THE SAME, NORTH 59 DEGREES EAST, 504.9 FEET TO A POINT IN THE CENTER LINE OF SOUTH LOCUST POINT ROAD(L.R 21012), AFORESAID; THENCE ALONG AND THROUGH SAID SOUTH LOCUST POINT ROAD, ( L.R. 21012), NORTH 25 DEGREES WEST, 104.43 FEET TO A POINT IN THE DIVISION LINE BETWEEN LOTS NUMBERS 1 AND 2 ON THE HEREINAFTER MENTIONED PLAN OF LOTS FIRST MENTIONED ABOVE, THE POINT AND PLACE OF BEGINNING. BEING LOZ NO. 1 ON THE FINAL PLAN OF MINOR SUBDIVISION FOR GEORGE R. HUFF, WHICH SAID PLAN IS RECORDED IN PLAN BOOK 50, PAGE 69. UNDER AND SUBJECT, NEVERTHELESS, TO EASEMENTS, CONDITIONS AND RESTRICTIONS OF PRIOR RECORDED PERTAINING TO SAID PREMISES. BEING THE SAME PREMISES WHICH OLETHA ME. GARNER, WIDOW BY DEED DATED MARCH 10, 2003 AND RECORDED MARCH 15, 2000 IN THE RECORDER'S OFFICE IN AND FOR MONTGOMERY COUNTY, PENNSYLVANIA IN DEED BOOK VOLUME 217, PAGE 678, GRANTED AND CONVEYED UNTO SUSAN K. MC CLINTOCK, THE MORTGAGOR HEREIN. PARCEL# 22-10-0642-0121A SPEAR & HOFFMAN, P.A. · BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS PLAINTIFF, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.03-502 CIVIL TERM SUSAN K. MCCLINTOCK DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SUSAN K. MCCLINTOCK 144 SOUTH LOCUST POINT ROAD, MECHANICSBURG, PA 17055 Your house (real estate) at: 144 SOUTH LOCUST POINT ROAD, MECHANICSBURG, PA 17055 is scheduled to be sold at Sheriff's Sale on MARCH 3, 2004 at: CUMBERLAND COUNTY COURTHOUSE FLOOR, COMMISSIONERS HEARING ROOM 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 at 10:00 a.m. to enforce the court judgment of $98,062.63 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS the amount of the judgment plus costs or the back paymems, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (856) 755-1560. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (717)240-6390~ 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 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 a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later thanAPRIL 3, 2004 This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house 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 COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17103 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS PLAINTIFF, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO, 03-502 CIVIL TERM SUSAN K. MCCLINTOCK DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129.1 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS, Plaintiff in the above action, by its attorney, BONNIE DAHL, 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 144 SOUTH LOCUST POINT ROAD, MECHANI~SBURG, PA 17055: 1. Name and address of Owner(s) or Reputed Owner(s): SUSAN K. M~CLINTOCK 144 SOUTH LOCUST POINT ROAD, MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: SUSAN K. MCCLINTOCK 144 SOUTH LOCUST POINT ROAD, MECHANICSBURG, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold:NONE 4. Name and address of the last recorded holder of every mortgage of record: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS 9451 CORBIN AVENUE NORTHRIDGE, CA. 91324 NORTH AMERICAN MORTGAGE COMPANY MORTGAGE ELECTRONIC REGISTRATION SYSTEM 3883 AIRWAY DRIVE SANTA ROSA, PA 95403 . 5. Name and address of every other person who has any record lien on the property: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: DOMESTIC RELATIONS P.O. BOX 320 13 N. HANOVER ST. CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE - LIEN BUREAU OF COMPLIANCE DEPT. 280946 HARRISBURG, PA 17128-0946 ATTENTION: SUE BLOUGH COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17128-0601 CUMBERLAND COUNTY TAX CLAIM BUREAU 1COURTHOUSESQUARE CARLISLE, PA17013 CAROLYN MCQUILLEN TAX COLLECTOR 1044 PINE ROAD CARLISLE, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT(S)/OCCUPANT(S) 144 SOUTH LOCUST POINT ROAD, MECHANICSBURG, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. SPEAR & HOFFMAN, P.A. SQUIRE Attorney for Plaintiff Spear & Hoffman, P.A. KEVIN DISKIN, ESQUIRE Attorney I.D. No. 86727 1020 N. Kings Highway, Suite 210 Cherry Hill, NJ. 08034 (856) 755-1560 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. 03-502 CIVIL TERM SUSAN K. MCCLINTOCK Defendant CERTIFICATION OF NOTICE TO L1ENHOLDERS PURSUANT TO PA R.C.P. 3129.2 (C) (2) 1, KEVIN DISKIN, ESQUIRE, Attorney for Plaintiff, hereby certify that Notice of Sale was served on all persons appearing on Plaintiff's Affidavit pursuant to PA R.C.P. 3129.1, by United States mail, first class, postage prepaid, with Certificates of Mailing, the originals of which are attached as Exhibit "A". The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SPEAR & HOFFMAN, P.A. FEDERMAN AND PHELAN, LLP By: Frank Federman, Esquire, Id. No. 12248 Lawrence T. Phelan, Esquire, Id. No. 32227 Francis S. Hallinan, Esquire, Id. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Systems, Inc. As Nominee For It's Successors and Assigns VS. Susan K. McClintock COURT OF COMMON PLEAS Cumberland COUNTY : CIVIL ACTION : : No. 03-502 ENTRY OF APPEARANCE To the Prothonotary: Kindly enter my appearance on behalf of Plaintiff, Mortgage Electronic Systems, Inc. As Nominee For It's Successors and Assigns, in the above captioned action. Date: FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE FEDERMAN AND PHELAN, LLP By: Frank Federman, Esquire, Id. No. 12248 Lawrence T. Phelan, Esquire, Id. No. 32227 Francis S. Hallinan, Esquire, Id. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 - 1814 (215) 563-7000 Mortgage Electronic Systems, Inc. As Nominee For Ifs Successors and Assigns VS. Susan K. McClintock COURT OF COMMON PLEAS Cumberland[ COUNTY CiVIL ACTION NO. 03-502 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Entry of Appearance was sent via first class mail, postage prepaid, to the following on the date indicated below: Susan K. McClintock 144 South Locust Point Road Mechanicsburg, PA 17055 Date: FEDERMAN AND PHELAN, LLP By: ~4~ - '-~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS ) CIVIL ACTION ) VS. SUSAN K. MCCLINTICK ) CIVIL DWISION ) NO. 03-502 CWIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS hereby verify that on December 3, 2003 tree and correct copies of the Notice of SherifFs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: March 31, 2004 FRANK FEDERMAN, 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 Five Way Partners L P is the grantee the same having been sold to said grantee on the 9th day of June A.D., 2004, under and by virtue of a writ Execution issued on the 3rd day of Dec, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Tema, 2003 Number 502, at the suit of Mtg Electronic Re~ Systems Inc against Susan K McClintock is duly recorded in Sheriff's Deed Book No. 264, Page 1583. IN TESTIMONY WHEREOF, I have hereunto set my hand an~feal of said office this c~ d ca_ day of Ud~J~ , A.D2004 Ox, Mortgage Electronic Registration Systems Inc. as Nominee for its Successors and assigns VS Susan K. McClintock In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-502 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on December 18, 2003 at 5:00 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the witIdn named defendant, to wit: Susan K. McClintock, by making known unto Susan McClintock, personally, at 193 Holiday Ave., Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on January 13, 2004 at 1:38 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 Susan K. McClintock located at 144 South Locust Point Rd., Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to the within named defendant, to wit: Susan K. McClintock, by regular mail to her last known address of 193 Holiday Ave., Mechanicsburg, PA 17055. This letter was mailed under the date of January 12, 2004 and never returned to the Sheriffs 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 June 9, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $109,301.00 to Attorney Philip Spare for Five Way Partners, L.P. It being the highest bid and best price received for the same, Five Way Partners, L.P. of Suite 130, One Fawcett Place, Greenwich, CT 06830, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of $113,797.74. Sheriffs Costs: Docketing $30.00 Poundage 2,186.02 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 12.42 Levy 15.00 Surcharge 20.00 Postpone Sale 20.00 Law Journal 386.30 Patriot News 309.43 Share of Bills 29.32 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 3,144.49 Sworn and subscribed to before me So ~An~w~lll~ ~ This .~x,,( dayof (r~,~,~,j. ~e'~~~'~~ ~~ R. Thomas Kline, S~efiff Real Estate ~eputy SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755d560 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS PLAINTIFF, VS. COPY COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 03-502 CIVIL TERM SUSAN K. MCCLINTOCK DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129. i MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR [TS SUCCESSORS AND ASSIGNS, Plaintiff in the above action, by its attorney, BONNIE DAHL, 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 144 SOUTH LOCUST POINT ROAD, MECHANICSBURG, PA 17055: 1. Name and address of Owner(s) or Reputed Owner(s): SUSAN K. MCCLINTOCK 144 SOUTH LOCUST POINT ROAD, MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: SUSAN K. MCCLINTOCK 144 SOUTH LOCUST POINT ROAD, MECHAN1CSBURG, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold:NONE 4. Name and address of the last recorded holder of every mortgage of record: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS 945I CORBIN AVENUE NORTHRIDGE, CA. 91324 NORTH AMERICAN MORTGAGE COMPANY MORTGAGE ELECTRONIC REGISTRATION SYSTEM 3883 AIRWAY DRIVE SANTA ROSA, PA 95403 5. Name and address of every other person .who has any record lien on the property: 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: DOMESTIC RELATIONS P.O. BOX 320 i3 N. HANOVER ST. CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE - LIEN BUREAU OF COMPLIANCE DEPT. 280946 HARRISBURG, PA 17128-0946 ATTENTION: SUE BLOUGH COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17128-060i CUMBERLAND COUNTY TAX CLAIM BUREAU 1COURTHOUSESQUARE CARLISLE, PA17013 CAROLYN MCQUILLEN TAX COLLECTOR 1044 PINE ROAD CARLISLE, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge wko has any interest in the property which may be affected by the sale: TENANT(S)/OCCUPANT(S) 144 SOUTH LOCUST POINT ROAD, MECHANICSBURG, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. SPEAR & HOFFMAN, P.A. ~SQUIRE Attorney for Plaintiff SPEAR & HOFFMAN, P.A. BY': BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 I020 N. KINGS HIGHWAY, SUITE 21'0 CHERRY HILL NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF COPy' MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS PLAINTIFF, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.03-502 CIVIL ]:ERM SUSAN K. MCCLINTOCK DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SUSAN K. MCCLINTOCK 144 SOUTH LOCUST POINT ROAD, MECHAN1CSBURG, PA 17055 Your house (real estate) at: 144 SOUTH LOCUST POINT ROAD, MECHANICSBURG, PA 17055 is scheduled to be sold at Sheriff's Sale on MARCH 3, 2004 at: CUMBERLAND COUNTY COURTHOUSE 2ND FLOOR, COMMISSIONERS HEARING ROOM 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 at 10:00 a.m. to enforce the court judgment of $98,062.63 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (856) 755-1560. 2, You may be able to stop the sale by filing a petition asking the Court to st::ike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance yot~ 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 R1GHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (717)240-6390. 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 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 a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legaI proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later thanAPRIL 3, 2004 This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution L'; wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your honse 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 COURTHOUSE i COURTHOUSE SQUARE CARLISLE, PA 17103 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT TItIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR TItAT PURPOSE. ALL THAT CERTAIN LOT OR PARCEL OF LAND, TOGETHER WITH THE IMPROVEMENTS .THEREON ERECTED, SITUATE IN THE TOWNSHIP OF MONROE, COUNTY OF CUMBERLAND, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT; BEGINNING AT A POINT IN THE CENTER LINE OF SOUTH LOCUST POINT ROAD, (L.R.21012), WHICH SAID POINT IS IN THE DIVISION LINE BETWEEN LOTS NUMBERS 1 AND 2 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG THE DIVISION LINE BETWEEN LOTS NUMBERS i AND 2 SAID PLAN; SOUTH 62 DEGREES 43 MINUTES 55 SECONDS WEST, 136.27 FEET TO A POINT; THENCE CONTINUING ALONG THE DIVISION LINE BETWEEN LOTS NUMBERS 1 AND 2 ON THE HEREINAFTER MENTIONED PLAN OF LOTS, SOUTH 71 DEGREES 59 MINUTES 35 SECONDS WEST, 35.12 FEET TO A POINT AT CORNER OF LAND NOW OR FORMERLY OF JOSEPH S. FEARNBAUGH AND VIOLET R. FEARNBAUGH, HIS WIFE; THENCE ALONG THE LINE OF SAID LAND NOW OR FORMERLY OF JOSEPH S. FEARNBAUGH AND VIOLET R. FEARNBAUGH, HIS WIFE, NORTH 25 DEGREES WEST 66.15 FEET TO A POINT IN THE LINE OF LAND NOW OR FORMERLY OF WARREN S. RADABAUGH; THENCE ALONG THE LINE OF SAID LAND NOW OR FORMERLY OF WARREN S. RADABAUGH, SOUTH 59 DEGREES WEST, 33. i 1 FEET TO A POINT IN THE LINE OF LAND KNOW OR FORMERLY OF MONROE CORPORATION; THENCE ALONG THE LINE OF SAID LAND NOW OR FORMERLY OF MONROE CORPORATION, NORTH 59 DEGREES EAST, 173.58 FEET TO A POINT; THENCE ALONG THE LINE OF LAND OF THE SAME, NORTH 59 DEGREES EAST, 504.9 FEET TO A POINT IN THE CENTER LINE OF SOUTH LOCUST POINT ROAD(L.R 21012), AFORESAID; THENCE ALONG AND THROUGH SAID SOUTH LOCUST POINT ROAD, ( L.R. 21012), NORTH 25 DEGREES WEST, 104.43 FEET TO A POINT IN THE DIVISION LINE BETWEEN LOTS NUMBERS 1 AND 2 ON THE HEREINAFTER MENTIONED PLAN OF LOTS FIRST MENTIONED ABOVE, THE POINT AND PLACE OF BEGINNING. BEING LOT NO. 1 ON THE FINAL PLAN OF MINOR SUBDIVISION FOR GEORGE R. HUFF, WHICH SAID PLAN IS RECORDED IN PLAN BOOK 50, PAGE 69. UNDER AND SUBJECT, NEVERTHELESS, TO EASEMENTS, CONDITIONS AND RESTRICTIONS OF PRIOR RECORDED PERTAINING TO SAID PREMISES. BEING THE SAME PREMISES WHICH OLETHA ME. GARNER, WIDOW BY DEED DATED MARCH 10, 2003 AND RECORDED MARCH 15, 2000 IN THE RECORDER'S OFFICE IN AND FOR MONTGOMERY COUNTY, PENNSYLVANIA IN DEED BOOK VOLUME 217, PAGE 678, GRANTED AND CONVEYED UNTO SUSAN K. MC CLINTOCK, THE MORTGAGOR HEREIN. PARCEL# 22~10-0642-0121A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-502 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGIST1L~.TION SYSTEMS INC, AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS, Plaintiff (s) From SUSAN K. MCCLINTOCK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the po ssession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $98,062.63 Interest $1,547.51 Atty's Comm % Atty Paid $115.52 Plaintiff Paid Date: DECEMBER 3, 2003 (Seal) REQUESTING PARTY: Name BONNIE DAHL, ESQUIRE Address: 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, N.J. 08034 Ai~orney for: PLAINTIFF Telephone: 856-755-1560 Supreme Court ID No. 79294 L.L. $.50 DueProthy $1.00 Other Costs CURTIS R. LONG Prothonot~ Deputy Real Estate Sale # 56 On December 05, 2003 the sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA Known and numbered as 144 South Locust Point Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 05, 2003 By:~!6 c~t~l~ ~) Real Estate~Deputy SCHEDULE OF DISTRIBUTION SALE NO. 56 Date Filed: July 9, 2004 Writ No. 2003-502 Civil Term Mortgage Electronic Registration Systems, Inc. as Nominee for its successors and assigns VS Susan K. McClintock Sale Date: Buyer: Bid Price: June 9, 2004 Five Way Partners, L.P. $109,301.00 Real Debt: $98,062.63 Interest: 1,547.51 Attorney Costs: 115.52 Total: $99,725.66 DISTRIBUTION: Receipts: Cash on account (12/03/03): $ 1,500.00 Cash on account (06/09/04): 10,930.00 Cash on account (06/21/04): 102,867.74 Total Receipts: $115,297.74 Disbursements: Sheriffs Costs Legal Search State Transfer Tax Local Transfer Tax Mary Murray, Tax Collector Attorney Frank Federrnan Mortgage Electronic Registration Systems, Inc. Susan K. McClintock $ 3,144.49 200.00 1,055.36 1,055.36 1,004.89 1,500.00 99,725.66 7,611.98 Total Disbursements: Balance for distribution: ($115,297.74) 0.00 So Answers: R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLI,OWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 56 Held Wednesday, June 9, 2004 Date: June 9, 2004 TAXES: Receipts for all taxes for the years 2001 to 2003 inclusive. Taxes for lhe current year 2004. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claim.,;. 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 ,2004, and recorded ,2004, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Oletha M. Garner, widow, by deed dated March 10, 2000 and recorded March 15, 2000 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania. in Deed Book 217, Page 678, granted and conveyed to Susan K. McClintock. 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, sho~Xage 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 L.R. 21012, known as South Locust Point Road. 6. Building and use conditions, restrictions, and easements and setbacks as shown on or set forth on the Plan of George R. Huff, recorded in Plan Book 50, Page 69. Rights granted to Metropolitan Edison Company by instrument recorded December 29, 1944 in Miscellaneous Record Book 81, Page 145. Mortgage in the amount of $98,200.00 given by Susan A. McClintock to Mortgage Electronic Registration System, Inc., dated January 24, 2001 and recorded January 30, 2001 in Mortgage Book 1666 Page 710. Complaint in mortgage foreclosure filed by Mortgage Electronic Registration System, Inc., as Plaintiff against Susan K. McClintock as Defendant in the Office of the Prothonotary of Cumberland County to File No. 2003-502. Judgment in the amount of $98,062.63 entered December 3, 2003. Satisfactory evidence to be produced that proper notice was given to holders of all liens and encumbrances intended to be divested by subject Sheriff sale. 10. Real estate taxes accruing on and after July 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. Writ No. 2003-502 Civil Mortgage Electronic Registration Systems. Inc. as Nominee l'or its Susan K. McClintock Atty.: Bonnie Dahl ALL THAT CERTAiN lot or parcel 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: JANUARY 16, 23, 30, 2004 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 ESTATE 9ALE NO. 56 Writ No. 2003 502 Civil Mortgage Electronic Registration Systems. Inc. as Nominee for its successors and assigns VS. Susan IC McClintock Atty.: Bonrde Dahl ALL THAT CERTAIN lot or parcel of land, together with the improve ments thereon erected, situate in the Township of Monroe, County of Cum berlalld, Pennsylvallla, bounded and described as follows, to wit; BEGINNING at a point in the cen- ter line of South Locust Point Road, (L.R. 21012), wDich said point is in the division line between lots hum bets 1 and 2 on the hereinafter mentioned Plan of Lots; thence along the division line between lots hum bers I and 2 said plan; South 62 degrees 43 minutes 55 seconds West, 136.27 feet to a point: thence continuing along the division line between lots numbers 1 and 2 on ~/I~{sa Marie Coyne, [Editor SWORN TO AND SUBSCRIBED befure me this 30 .day of JANUARY 200,~ LOIS E, SNYDER, Nota~ Public Cadisle Boro, Cumberland County My Cm~mission Expires Mamh 5, 2005 ALL TI~L~T CERTAIN lot or parcel of lax~d, together with the improve ments thereon erected, situate ii1 the Township of Monroe, County of Ctm~ berland, Pennsylvania. bounded and described as follows, to wit; BEGINNING at a point in the cen- ter line of South Locust Point Road, (L,!~ 210121, which said point is in the division line between lots num- bers 1 and 2 on the hereinafter mentioned Plan of Lots; thence along the division line between lots num- bers 1 and 2 said plan; South 62 degrees 43 minutes 55 seconds West, 136.27 feet to a point; thence continuing along the division line between lots numbers 1 and 2 on the hcr¢lna{ter mentioned plan of lots, South 71 degrees 59 minutes 35 seconds West, 35.12 feet to a point at corner of land now or for merly of Joseph S. Fearnbaugh and Violet R. Fearnbaugh, his wife; thence along the line of said land now or formerly of Joseph S. Fearn- baugh and Violet R. Fearnbaugh. his wife, North 25 degrees West 66.15 feet to a point in the line of land now or formerly of Warren S. Rada baugh; thence along the line of said land now or formerly of Warren S. Radabaugh, South 59 degrees West, 33.11 feet to a point in the line of land know or formerly of Monroe Corporation; thence along the line of said laird now or formerly of Mon- roe Corporation. North 59 degrees East. 173.58 feet to a point; thence along the line of land of the slmac. north 59 degrees East, 504.9 feet to a point in the center line of South Locust Point Road (L.R. 210121, aforesaid; thence along and through said South Locust Point Road, {L.R. 21012), North 25 degrees West. 104.43 feet to a point in the divi sion line between lots numbers 1 and 2 on the hereir~after mentioned plan of lots first mentioned above, the point and place of beginning. BEING Lot No. 1 on the final plan of minor subdivision for George R. Huff, which said Plan is recorded in Plan Book 50, Page 69. UNDER and subject, neverthe less, to easements, conditions and restrictions of prior recorded per- raining to said premises. BEING the same premises which Oletha Me. Garner, widow by deed dated March 10, 2003 and recorded March 15, 2000 in the Recorder's Office in and for Montgomery County. Pennsylvania in Deed Book Volume 217, Page 678, granted and conveyed m~to Susan K. McClintock, the mortgagor herein. PARCEL #22-10-0642 012lA. NO SEAL O LOIS E. SNYDER, Notsry Public carlisle Boro, Cumberland County My Commission Ex~ires March 5, 2005 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the 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 20th and 27th day(s) of January and the 3rd day(s) of February 2004. 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", PUBLICATION /~. co., :;;;; S A L E #86 ~,~~~ My ~mmiss~on expires ~une ~, ~00~ CUMBERLAND COUN3Y 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 Total $ 309.43 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.