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HomeMy WebLinkAbout03-0582FEDERMAN 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 (2~ s) s6~-7000 WAYPOINT BANK F/K/A HARRIS SAVINGS BANK P.O. BOX 1711 HARRISBURG, PA 17105-1711 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY ESTATE OF SHIRLEY L. HORNER, RANDALL J. HORNER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORNER 634 CONVENT ROAD ASTON, PA 19014 ESTATE OF DANIEL E. HORNER, JAMES D. FLOWER, JR., ADMINISTRATOR C.T.A AND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER 26 WEST HIGH STREET CARLISLE, PA 17013 KYLE N. HORNER, DEVISEE OF THE ESTATE OF DANIEL E. HORNER 902 CANTERBURY DRIVE MOON TOWNSHIP, PA 15108 MATTHEW HORNER, DEVISEE OF THE ESTATE OF DANIEL E. HORNER 902 CANTERBURY DRIVE MOON TOWNSHIP, PA 15108 DEBORAH CLUGSTON 39 SOUTH EAST STREET CARLISLE, PA 17013 Defendant(s) CIVIl. ACTION - l,l.W COMPI,AINT IN MORTGAGE FORi~,CI,OSIIRE 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. 1F 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 #:50068619 JNR 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. Plaintiffis WAYPOINT BANK F/K/A HARRIS SAVINGS BANK P.O. BOX 1711 HARRISBURG, PA 17105-1711 2. The name(s) and last known address(es) of the Defendant(s) are: ESTATE OF SHIRLEY L. HORNER, RANDALL J. HORNER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORNER 634 CONVENT ROAD ASTON, PA 19014 ESTATE OF DANIEL E. HORNER, JAMES D. FLOWER, JR., ADMINISTRATOR C.T.A AND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER 26 WEST HIGH STREET CARLISLE, PA 17013 KYLE N. HORNER, DEVISEE OF THE ESTATE OF DANIEL E. HORNER 902 CANTERBURY DRIVE MOON TOWNSHIP, PA 15108 MATTHEW HORNER, DEVISEE OF THE ESTATE OF DANIEL E. HORNER 902 CANTERBURY DRIVE MOON TOWNSHIP, PA 15108 DEBORAH CLUGSTON 39 SOUTH EAST STREET CARLISLE, PA 17013 who is/are the real owner(s) of the property hereinafter described. On 3/10/95, SHIRLEY L. HORNER made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1254, Page 42. 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 3/1/02 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 2/1/02 through 1/1/03 (Per Diem $8.95) Attorney's Fees Cumulative Late Charges 3/10/95 to 10/1/02 Cost of Suit and Title Search Subtotal $42,137.92 2,998.25 1,250.00 98.22 550 00 $47,034.39 Escrow Credit 0.00 Deficit 0 00 Subtotal ~ 0 o0 TOTAL $47,034.39 10. 11. 12. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. The mortgaged premises is vacant and abandoned. Mortgagor, SHIRLEY L. HORNER, died on 4/8/99, leaving a will dated 8/7/98, wherein she appointed DANIEL E. HORNER as her Executor. Letters Testamentary were granted to him on 4/19/99 in Cumberland County, No. 1999-00384. Decedent's surviving heir at law and next-of-kin is defendant DANIEL E. HORNER. DANIEL E. HORNER, Executor and Devisee of the Estate of SHIRLEY L. HORNER, died on 6/12/01, leaving a Will dated 2/16/96. Letters of Administration were granted to JAMES D. FLOWER, JR., Administratrix C.T.A. of the Estate of DANIEL E. HORNER, on 9/11/01 in Cumberland County, No. 2001-0839. Decedent's surviving heirs at law and next-of-kin are defendants MATTHEW C. HORNER AND KYLE N. HORNER. By Revocation of Letter filed 6/22/01 in the Register of Wills of Cumberland County, the Letters Testamentary dated 4/19/99, issued to DANIEL E. HORNER, as Executor of the Estate of SHIRLEY L. HORNER, were revoked. On 6/22/01, Letters Testamentary were granted to RANDALL J. HORNER, Executor of the Estate of SHIRLEY L. HORNER. By deed dated 12/1/00 and recorded 12/4/00 in County of Cumberland in Deed Book 235, Page 429, DANIEL E. HORNER, Executor of the Estate of SHIRLEY L. HORNER, and KAREN E. SNYDER, Custodial parent of KYLE N. HORNER, conveyed the property to defendant DEBORAH CLUGSTON. 13. Defendants, RANDALL J. HORNER, JAMES D. FLOWERS, JR., KYLE N. HORNER, MATTHEW C. HORNER, AND DEBORAH CLUGSTON, have been named in accordance with Pa R.C.P. 1144(a)(2), in order to divest the equitable interests in the premises and have no personal liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $47,034.39, together with interest from 1/1/03 at the rate of $8.95 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. FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Ail that certain lot of ground situate in tl~e Second ward of the 5orough of Carlisle, Cumberland County, pennsylvania, bounded and described as follows:. Nortll by IW property' now ur former~r of ilayleY JO sw~rz; having ~ I~,- and a deptJ1 to the LeTort sprlm] o1 two nuzl.ore, ~.~..~ ~,_;-. fee~, more or tess: m~d having erected a two an~ one-~aif ~ory onex ~ouse and known as 39 South East Street~ IIEIHG the same premise which Karen F. Snyde~ and Daniel E. Homer, Executor of the Last WIU and Testatment of Shirley i. Homer, deceased, Dy Deed dated. March 9,199~, and recorded in the Offlcg of DeedS Ipand for Cumberlan~ County. Pennsylvania, in Deed Boole 225 Fage 51~,~ranted and Conveyed unto De, oral1 Lynn C]ugston, Grantee herein. VERIFICATION FRANCIS S. HALLINA.N', ESQUIRE hereby states that he is attorney for Plaintiffin 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 information 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 Plaintiff as 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 FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK Plaintiff vs. ESTATE OF SHIRLEY L. HORNER, RANDALL J. HORNER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORNER ESTATE OF DANIEL E. HORNER, JAMES D. FLOWER, JR., ADMINISTRATOR C.T.A. AND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER KYLE N. HORNER, DEVISEE OF THE ESTATE OF DANIEL E. HORNER MATTHEW HORNER, DEVISEE OF THE ESTATE OF DANIEL E. HORNER DEBORAH CLUGSTON Defendants Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION Cumberland County : No. C, 3-582 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage with reference to the above captioned matter. Foreclosure Date: February 26, 2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff KMB,SVC DEPT FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK Plaintiff vs. ESTATE OF SHIRLEY L. HORNER, RANDALL J. HORNER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORNER ESTATE OF DANIEL E. HORNER, JAMES D. FLOWER, JR., ADMINISTRATOR C.T.A. AND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER KYLE N. HORNER, DEVISEE OF THE ESTATE OF DANIEL E. HORNER MATTHEW HORNER, DEVISEE OF THE ESTATE OF DANIEL E. HORNER DEBOPoAH CLUGSTON Defendants Attomey for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : No. 03-582-CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage with reference to the above captioned matter. Foreclosure Date: March 24, 2003 ~-/~R~K' ~EDERf~kl~, ESQUIR Attorney for Plaintiff KMB,SVC DEPT FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (2~ s) 563-7000 WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK Plaintiff vs. ESTATE OF SHIRLEY L. HORNER, RANDALL J. HORNER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORNER ESTATE OF DANIEL E. HORNER, JAMES D. FLOWER, JR., ADMINISTRATOR C.T.AAND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER KYLE N. HORNER, DEVISEE OF THE ESTATE OF DANIEL E. HORNER MATTHEW HORNER, DEVISEE OF THE ESTATE OF DANIEL E. HORNER DEBORAH CLUGSTON Defendants Attorney for Plaintiff COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : No. 03-582-CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSure: TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: April 17, 2003 KMB,SVC DEPT F~RANK FEDERMAN, ESQUIRE Attorney for Plaintiff SHERIFF'S RETURN - CASE NO: 2003-00582 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOT FOUND WAYPOINT BANK FKA HARRIS SAVIN VS HORNER SHIRLEY ESTATE OF ET AL R. Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named DEFENDANT HORNER SHIRLEY L ESTATE OF PJtNDALL J HORNER EXECUTOR unable to locate Him COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, who being search and in his bailiwick. but was He therefore returns the the within named DEFENDANT P~ANDALL J HORNER EXECUTOR 39 SOUTH EAST STREET CARLISLE, PA 17013 39 , NOT FOUND , HORNER SHIRLEY L ESTATE OF S EAST STREET CARLISLE IS VACANT. as to Sheriff's Costs: Docketing 18.00 Service 3.45 Not Found 5.00 Surcharge 10.00 .00 36.45 R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 04/03/2003 Sworn and subscribed to before me this /~ ~ day of ~!ff~_~ A.D. otary ' SHERIFF'S RETURN - CASE NO: 2003-00582 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLkND WAYPOINT BANK FKA HARRIS SAVIN VS HORNER SHIRLEY ESTATE OF ET AL REGULAR HAROLD WEARY , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon HORNER DANIEL E ESTATE OF FLOWER JAMES D JR ADMIN CTA the DEFENDANT at 1425:00 HOURS, at 26 WEST HIGH STREET CARLISLE, PA 17013 JAMES D FLOWER JR a true and attested copy of Sheriff or Deputy Sheriff of who being duly sworn according to law, on the 12th day of February , 2003 by handing to together with COMPLAINT - MORT FORE and at the same time directing His attention to the contents thereof. 39 SOUTH EAST STREET IS VACANT SO JAMES FLOWER JR WAS SERVED AT HIS OFFICE AT 26 WEST HIGH STREET CARLISLE. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 7~ ~ day of [~ ~L3 A.D. ~t Prothonotary' So Answers: R. Thomas Kline 04/03/2003 FEDERMAN & By: PHELAN SHERIFF'S RETURN - CASE NO: 2003-0058:2 P COMMONWEALTH OP PENNSYLVANIA: COUNTY OF CUMBERLDfND WAYPOINT BANK FKA HARRIS SAVIN VS HORNER SHIRLEY ESTATE OP ET AL REGULAR HAROLD WEAt~Y , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon HORNER DANIEL E ESTATE OF FLOWER JAMES D JR ADMIN CTA the DEFENDANT , at 1425:00 HOURS, on the 12th day of February , at 26 WEST HIGH STREET CARLISLE, PA 17013 JAMES D PLOWER JR a true Sheriff or Deputy Sheriff of who being duly sworn according to law, by handing to together with and attested copy of COMPLAINT - MORT FORE 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 3 45 00 10 00 00 19 45 Sworn and Subscribed to before me this /R ~ day of  2~q~ A.D. /t~rothonotary , So Answers: R. Thomas Kline 04/03/2003 FEDERMAN & PHELAN ut ff SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-005~2 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WAYPOINT BANK FKA HARRIS SAVIN VS HORNER SHIRLEY ESTATE OF ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, duly sworn according to law, says, that he made a diligent inquiry for the within named DEFENDANT HORNER KYLE N DEVISEE OF THE ESTATE OF DANIEL E HORNER unable to locate Him in his bailiwick. He therefore returns COMPLAINT - MORT FORE who being search and but was the the within named DEFENDANT , ESTATE OF DANIEL E HORNER , 39 SOUTH EAST STREET CARLISLE, PA 17013 39 SOUTH EAST STREET CARLISLE IS VACANT. , NOT FOUND , HORNER KYLE N DEVISEE OF THE as to Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 R. Thomas KIlne Sheriff of Cumberland County FEDERMAN & PHEIJ~N 04/03/2003 Sworn and subscribed to before me this /~,~ day of ~- ~ A.D. ~'rothonotary ' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00582 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK FKA iHARRIS SAVIN VS HORNER SHIRLEY ESTATE OF ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT to wit: HORNER KYLE N DEVISEE OF THE ESTATE OF DANIEL E HORNER Sheriff or Deputy Sheriff who being says, that he made a diligent search and He therefore Pennsylvania, but was unable to locate Him in his bailiwick. deputized the sheriff of ALLEGHENY County, serve the within COMPLAINT -MORT FORE to On April 3rd , 2003 attached return from ALLEGHENY Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Allegheny Co 75.00 Notary 6.00 106.00 04/03/2003 FEDERMAN & PHELAN Sworn and subscribed to before me this /~--' day of ~ ~ Prothonotary~ · this office was in receipt of the SO answe~..~.~f _~ /-.~-~--2222f~ R% Thomas Kline ' Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Estaee of Shirley L. Homer et al {LDq Kelt~ Beb ~ 03-582 civil ~%~6~, % &&0~ SE~: Kyle N. Ho~er ow, Feb~am Xl, 200~ , I, S~MFF OF C~E~ CO~TY, PA, do hereby deputize the Sheriff of Alleghony County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriffof Cumberland County, PA '$ow~ within upon at by handing to Affidavit of Service L~ves ,~q" ,2003.,at ~ ¥ x o'clock t~b '-/ 8ox/z/3 M. served the a and made known to Sworn ~d subscribed before me ~s ~ day of MAR 0 ~29~ copy of the original So answers, Sher~~t°f , COSTS SERVICE M/LEAGE AFFIDAVIT the contents thereof. County, PA SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-00582 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLA/~D WAYPOINT BANK FKA HARRIS SAVIN VS HORNER SHIRLEY ESTATE OF ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, duly sworn according to law, says, that he made a diligent inquiry for the within named DEFENDANT HORNER MATTHEW DEVISEE OF THE ESTATE OF DANIEL E HOP~NER unable to locate Him in his bailiwick. He therefore returns COMPLAINT - MORT FORE , who being search and but was the the within named DEFENDANT ESTATE OF DANIEL E HORNER 39 SOUTH EAST STREET CARLISLE, PA 17013 39 , NOT FOUND , HORNER MATTHEW DEVISEE OF THE SOUTH EAST STREET CARLISLE IS VACANT. as to Sheriff's Costs: Docketing 6 Service Not Found 5 Surcharge 10 21 So answer~-- >j3~ /~- 00 ~ R. ~homas"Kline 00 Sheriff of Cumberland County 00 00 FEDERMAN & PHELAN 04/03/2003 Sworn and subscribed to before me this /2 ~ day of ~g~-~ A.D. SHERIFF'S RETURN CASE NO: 2003-00582 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLanD WAYPOINT BANK FKA IgARRIS SAVIN VS HORNER SHIRLEY ESTATE OF ET AL - OUT OF COUNTY R. Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: HORNER MATTHEW DEVISEE OF THE ESTATE OF DANIEL E HORNER but was unable to locate Him in his bailiwick. deputized the sheriff of ALLEGHENY County, serve the within COMPLAINT - MORT FORE Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On April 3rd , 2003 , attached return from ALLEGHENY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Allegheny Co 50.00 Notary 3.00 90.00 04/03/2003 FEDERMAN & PHELAN Sworn and subscribed to before me this /~-- day of~ ~ ~5 A.D. Prothonot ar!/ ' this office was in receipt of the 4~. Tho~nas Kline Sheriff of Cumberland County In The Court of Cl}mmon Pleas o.f Cumberland County, Pennsylvania Q.,& .~ W~ypoint BcD. nk Estate of Shiley L. Ho~er et al ~~ ~q 5~] ~ SE~: Matth~ Ho~er ~ ~~~ ~ No. 03-sa~ ci~iz NOW, February I1, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Ali e~'~eny County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberi~md County', PA Affidavit of Service Now, ~-~/-O3 within~ i {5 ,2o03 ,at 3/5 o'clock . ~. M. served the npon m/COlE P~Z~- Le~b~c by handing to ~ a and made known to ~'~. copy of the original c~ ~ the contents thereof. So answers, Sheila lq 0 Br,*n Notary Publ c City of Pitmburgh Allegheny County My Commissim~ r xpi~s ~une 19, 2~ ~m~r,~n~Nanla~~ ~wom and subscribed ~.,:~fc.r~ me ~s __ day of ~R 08 ~ oozes SE~:,qCE MILEAGE AFFIDAVIT County, PA SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-00582 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLA~D WAYPOINT BANK FKA t{ARRIS SAVIN VS HORNER SHIRLEY ESTATE OF ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named DEFENDAi~T CLUGSTON DEBORAH unable to locate Her in his bailiwick. ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and but was He therefore returns'the COMPLAINT - MORT FORE the within named DEFENDANT 39 SOUTH EAST STREET CARLISLE, PA 17013 39 , NOT FOUND , CLUGSTON DEBORAH SOUTH EAST STREET CARLISLE IS VACANT. as to Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 So answers~- / ~_--~ R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 04/03/2003 Sworn and subscribed to before me this /,% ~- day of ~ ~0~ A.D. P~othonotary SHERIFF'S RETURN - CASE NO: 2003-00582 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLA~D WAYPOINT BANK FKA HARRIS SAVIN VS HORNER SHIRLEY ESTATE OF ET AL OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , to wit: HORNER MATTHEW DEVISEE OF THE ESTATE OF DANIEL E HORNER , Sheriff or Deputy Sheriff who being says, that he made a diligent search and He therefore Pennsylvania, but was unable to locate Him in his bailiwick. deputized the sheriff of ALLEGHENY County, serve the within COMPLAINT - MORT FORE to On April 3rd , 2003 , attached return from ALLEGHENY Sheriff's Costs: Docketing 6,00 Out of County ,00 Surcharge 10,00 ,00 .00 16.00 04/03/2003 FEDERMAN & PHELAN Sworn and subscribed to before me this /~[ ~ day of ~ ~ A.D. Prothonotary this office was in receipt of the SO answers: ' ~. /~2 ~. Thomas Kline Sheriff of Cumberland County In The Court of Common' Pleas of Cumberland County, Pennsylvania Wa~intvs. ~.k ~/_i (~? Estste of Shirley L. Homer et al SERVE:~Mildred C. Talega-Horner NJ^ 03-582 civil as legal guardian of ~.u. -- r~ ~ Matthew Homer,. devis~e of~the estat~ of Daniel HornD~ %~~~ ~ NOW, March 13, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize %he Sheriff of Allegheny County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA NOW, within &/,~ t~ upon m t t[Y'cO~ by h~ding to and made ~own to 3-o~1-o3 Affidavit of Service :003, ~t toZ/r o'o~ook ¢. ~. served copy of the original So answers, the contents thereof. Sworn and subscribed be~bre me this __ day of COSTS SERVICE MILEAGE SHERIFF'S RETURN CASE NO: 2003-00582 P COMMONWEALTH OF PEb~SYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK FKA HARRIS SAVIN VS HORNER SHIRLEY ESTATE OF ET AL - OUT OF COUNTY R. Thomas Kline duly sworn according to and inquiry for the within named DEFENDANT HORNER KYLE N DEVISEE OF THE but was unable to locate Him deputized the sheriff of BLAIR , Sheriff or Deputy Sheriff who being law, says, that he made a diligent search and , to wit: ESTATE OF DANIEL E HORNER in his bailiwick. He therefore County, Pennsylvania, serve the within COMPLAINT - MORT FORE to On May 1st , 2003 attached return from BLAIR Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Blair County 25.50 .00 62.50 05/01/2003 FEDERMAN & PHELAN Sworn and subscribed to before me this /~ day of~ A.D. Prothonotary' ' ' __ , this office was in receipt of the Sheriff of Cumberland County k~''~c' SHERIFF SERVICE ~ PROCESS RECEIPT, and AFFIDAVIT OF RETURN DATE PROCESSED SHERIFF'S DEPARTMENT BLAIR COUNTY, PENNSYLVANIA COURTHOUSE, HOLLIDAYSBURG, PA. 16648 0 0 ~ J O `'rT. t INSTRUCTIONS: 1 PLAINTIFF I S / 2 COURT NUMBER 3. DEFENDANT I S I ~ 4 ~PE OF WRIT OR COMP~INT ~ f~ 5 N~E'OF ,.D~A~C~CORPORAT'O.. ETC. TO SERV CE OR DESCR PT O" OF PRO~r~E~ACH~ ~:[[D~ ~ ~ ~ 6 ADDRESS [~lreel ~RFD, Apartmen~ NO City, Boro. Twp, Sta~e and ZIP CodeI ~ 7 INDICATE UNUSUAL SERVICE: ~PERSONArPERS~N IN CHARGE [ODE U ZE OCERT MALUR¢ISTEREO MAIL OPOSTE4 OOTHER NOW, __, 1, SHERIFF OF BLAIR , COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputation being made al the request and risk of the plaintiff. SHERIFF OF BLAIR COUNTY 8 SRECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: NOTE ONLY APPLICABLE ON WRIT OF EXECUTION N B WAIVER OF WATCHMAN--AnydeputysheriffIevyJnguponoraltachm§anypropedyunderwithinwrit n~ay leave samo ,,'~lhout a wa~ch,~lRn ~n CUStOdy of whomever is found m possess,on after notifying person of levy or attachment withoul Iiabillly on the pad ol SPACE BELOW FOR USE OF SHERIFF ONLY -- DO NOT WRITE BELOW THIS LINE 20 Dale of Service 21. Time MY COMMISSION SO ANSWER. (~;23{~ By{Sh "eP :er,fl, (Please Pnnl of Type, Oa~ 0~ ~.arol Grfeco Notary Public H"c'!#'Ysburg Ou~ u, Blair ATURE 1( j 39 Date Recelved SHERIFF'S RETURN CASE NO: 2003-00582 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK FKA }~RRIS SAVIN VS HORNER SHIRLEY ESTATE OF ET AL OUT OF COUNTY R. Thomas Kline , duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: CLUGSTON DEBORAH but was unable to locate Her in his bailiwick. deputized the sheriff of FRANKLIN County, serve the within COMPLAINT - MORT FORE Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On May 21st , 2003 attached return from FRANKLIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Franklin Co 32.00 .00 69.00 05/21/2003 FEDERMAN & PHELAN Sworn and subscribed to before me this /~ day of ~ . A.D. Prothonot~r~7' __ , this office was in receipt of the So answer~$~ jj ~-~ R.~ Thomas Klihe Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Waypoint Bank VS. Estate of Shirley L. Homer et al SERVE: Deborah Clugston No. 03-582 civil Now, April 24, 2003 hereby deputize the Sheriff of Frankl ~n deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Affidavit of Service NOW, within APRIL 30, ,2003 ,at 2:05 o'clock__ Complaint in Mortgage Forclosure P.M. served the upon Deborah Clugston at The Sheriff's Office, 157 Lincoln Way East, Chambersburg, PA 17201 by handing to her a and made known to her Copy of the original Complaint the contents thereof. Sworn V~subscribS~b e. fore ~ethis ~L~_~q%yof/'"~ ,20 ~ So answers, ~ung Sheriff 0f~ Fr~ ' COSTS SERVICE MILEAGE AFFIDAVIT $32-. FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WAYPO1NT BANK F/K/A HARRIS SAVINGS BANK ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 03-582 VS. ESTATE OF SHIRLEY L. HORNER, RANDALL J. HORNER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORNER ESTATE OF DANIEL E. HORNER, JAMES D. FLOWER, JR., ADMINISTRATOR C.T.A AND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Frank Federman, Esquire, mow:s 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 have 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 ATTORiXVEY FOR PLAINTIFF FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WAYPOINT BANK F/K/A HARRIS SAVINGS BANK ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUNmERLAND COUNTY No.: 03-582 VS. ESTATE OF SHIRLEY L. HORNER, RANDALL J. HORNER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORNER ESTATE OF DANIEL E. HORNER, JAMES D. FLOWER, JR., ADMINISTRATOR C.T.A AND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER 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 cannot be made. Note: A Sheriffs return of"Not Found" or the fact that a Defendant has moved without leaving anew forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 3,62, 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, fiSends 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." WHEREFORE, Plaintiff respectfully requests service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. Respectful][y submitted: FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE WAYPOINT BANK F/K/A HARRIS SAVINGS BANK DEBORAH CLUGSTON 39 SOUTH EAST STREET CARLISLE, PA 17013 SERVED CUMBERLAND COUNTY No. 03-582 ACCT. #50068619 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 3, 2003 PJT Served and made known to , Defendant, on the day of ,200_, at , o'clock __.to., 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: Description: Age Height __ Weight . Race __ Sex Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy offue Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of ,200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. On the /~fi q~ day of Moved Unknown __ Ist Attempt: / / 3rd Attempt: / / Time: Time: Sworn to and sub~sc, gr, i,bed be f°l~e me this °~g/-A' day of,)/j I1'e--- ,200 --3. By:'q~_ Notary: Att°rney f°r Plaintiff Frank Federman, Esquire - i.D. No. t2248 NOT SERVED , 200~__, at ~ o'clock~.m., Defendant NOT FOUND because: No Answer ~,~Vacant 2"a Attempt: / / Time: PLAYERS NATIONAL LOCAT'OR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: 03-582 Attorney Firm: TRACK STARS DECEASED Case Number: Subject: Deborah Clugston A.K.A.: None Last Known Address: 39 S East Street Carlisle, PA 17013 EXHIBIT B Last Known Number: ( ) Melissa Kozma, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of Location Specialist for Players National Locator. 2. On 7/10/2003, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION - A. SOCIAL SECURITY NUMBER(S):000-00-0000 B. EMPLOYMENT SEARCH: We were unable to verify current employment for Deborah Clugston. C. INQUIRY OF CREDITORS: We were unable to locate any information for Deborah Clugston at the above address. We located too many Deborah Clugston's in the State of Pennsylvania and in the country to determine the correct party. INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH: We were unable to locate any information for Deborah Clugston at the above address. We located too many Deborah Clugston's in the State of Pennsylvania and in the country to determine the correct party. INQUIRY OF NEIGHBORS o We were unable to locate any information for Deborah Clugston at the above address. We located too many Deborah Clugston's in the State of Pennsylvania and in the country to determine the correct party. INQUIRY OF POST OFFICE - A. NATIONAL ADDRESS UPDATE: We were unable to locate any information for Deborah Clugston at the above address. We located too many Deborah Clugston's in the State of Pennsylvania and in the country to determine the correct party. MOTOR VEHICLE REGISTRATION - A. MOTOR VEHICLE & DMV OFFICE: We were unable to locate any information for Deborah Clugston at the above address. We located too many Deborah Clugston's in the State of Pennsylvania and in the country to determine the correct party. OTHER INQUIRIES - A. DEATH RECORDS: We were unable to locate any information for Deborah Clugston at the above address. We located too many Deborah Clugston's in the State of Pennsylvania and in the country to determine the correct party. B. PUBLIC LICENSES ( PILOT, REAL ESTATE, ETC. ): We were unable to locate any information for Deborah Clugston at the above address. We located too many Deborah Clugston's in the State of Pennsylvania and in the country to determine the correct party. COUNTY VOTER REGISTRATION: We were unable to locate any information for Deborah Clugston at the above address. We located too many Deborah Clugston's in the State of Pennsylvania and in the country to determine the correct party. OTHER SEARCHES - The County tax records indicate the following: Deborah Clugston at the above address. We were unable to locate any tax information for ADDITIONAL INFORMATION ON SUBJECT - A. DATE OF BIRTH: We were unable to locate any information for Deborah Clugston at the above address. We located too many Deborah Clugston's in the State of Pennsylvania and in the country to determine the correct party. ~,~F FIANT Melissa Su / before me ojl/2003 , /_ ~ Players National Locator '113 Old State Road, Suite 104 St. Louis, MO 63021 Phone: (636) 230-9922 Fax: (636) 230-0558 EXHIBIT B St. Louis'C'"ou~, State ~LM.i,s..s2,.u~ri ~ VERIFICATION FRANK FEDERMAN, ESQUIRE, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF THE NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT are true 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 WAYPOINT BANK F/K/A HARRIS SAVINGS BANK VS. ESTATE OF SHIRLEY L. HORNER, RANDALL J. HORNER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORNER ESTATE OF DANIEL E. HORNER, JAMES D. FLOWER, JR., ADMINISTRATOR C.T.A AND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 03-582 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 DEBORAH CLUGSTON 39 SOUTH EAST STREET CARISLE, PA 17013 FRANK FEDERMAN, ESQUIRE Attomey Jbr Plaintiff Date: August 7, 2003 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WAYPOINT BANK F/K/A HARRIS SAVINGS BANK VS. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 03-582 ESTATE OF SHIRLEY L. HORNER, RANDALL J. HORN-ER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORNER ESTATE OF DANIEL E. HORNER, JAMES D. FLOWER, JR., ADMINISTRATOR C.T.A AND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Frank Federman, Esquire, moves this Honorable Court for an Order directing service of the Notice of Sale upon the above captioned Defendant(s) by certified mail and regular mail to Defendant's last known address. 1. Attempts to serve Defendant with Notice of Sale have 'been unsuccessful, as indicated by the Affidavit of Service attached hereto as Exhibit "A." 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the result there from is attached hereto as Exh:[bit "B." WHEREFORE, Plaintiffrespectfully 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 WAYPOINT BANK F/K/A HARRIS SAVINGS BANK ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 03-582 VS. ESTATE OF SHIRLEY L. HORNER, RANDALL J. HORNER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORNER ESTATE OF DANIEL E. HORNER, JAMES D. FLOWER, JR., ADMINISTRATOR C.T.A AND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable role, 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/he Defendant and the reasons why service cannot be made. Note: A Sherifigs 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. Polio, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort ' 165, 360 A.2d 603 (1976). to discover the correct address." Adoption of Walker, 468 Pa. 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 l~tereto 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, Plaintiffrespectfully requests service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. Respectfully submitted: FRANK F EDERMAN, ESQUIRE ATTORNI~Y FOR PLAINTIFF PLAINTIFF AFFIDAVIT OF SERVICE WAx/POINT BANK F/K/A HARRIS SAVINGS BANK DEFENDANT(S) KYLE N. HORNER, DEVISEE OF TI~E ESTATE OF DANIEL E. HORNER AND MATTHEW HORNER, DEVISEE OF THE ESTATE OF DAN/EL E. HORNER 902 CANTERBURY DRIVE MOON TOWNSHIP, PA 15108 CUMBERLAND COUNTY No. 03-582 PJT ACCT. #_50068619 Type of Action - Notice of Sheriff's Sale fi:ale Date: SEPTEMBER 3, 2003 Served and made known to SERVED ,200_, at ., o'clock __.m., at , Commonwealth of Pennsylvania, in the manner described below: , Defendant, on the 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. _ _Other: an officer of said Defendant(s)'s company. day of EXHIBITA, Description: Age Height _ Weight _. Race. . Sex. Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale hi the manner as set forth herein, issued in the captioned case on the date and at the address nidicated 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. Onthe [L.~- day o f .~0~, ~,.. ~ Moved Unknown__. 1st Attempt:. / / : NOT SERVED _, 200~_~, at,~: c~'- o'clock ~-).n% Defendant NOT FOUND because: _ No Answer __ Vacant Time: : [tempt. / / Time: . 2.a A~- .~. 3rd / Sworn to / Time: : Frank PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: 03-582 Attorney Firm: TRACK STARS DECEASED Case Number: Subject: Kyle N Homer A.K.A.: None Property Address: 39 S East Street Carlisle, PA 17013 Last Known Address: 902 Canterbury Drive Coraopolis, PA 15108 Last Known Number: ( ) Melissa Kozma, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of Location Specialist for Players National Locator. 2. On 7/10/2003, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION - A. SOCIAL SECURITY NUMBER(S):000-00-O000 B. EMPLOYMENT SEARCH: We were unable to verify current employment for Kyle N Homer. C. INQUIRY OF CREDITORS: We were unable to locate any information for Kyle N Hornet at the above addresses or in the country, INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH: We contacted (610)558-0264 and spoke to a person who refused to release any information for Kyle N Homer. We were unable to locate any information for Kyle N Homer at the above addresses or in the country. INQUIRY OF NEIGHBORS - We were unable to contact any neighbors to confirm any information for Kyle N Homer. We were unable to locate any information for Kyle N Homer at the above addresses or in the country. iNQUIRY OF POST OFFICE - A. NATIONAL ADDRESS UPDATE: We were unable to locate any information for Kyle N Horner at the above addresses or in the country. MOTOR VEHICLE REGISTRATION. A. MOTOR VEHICLE & DMV OFFICE: We were unable to locate any information for Kyle N Hornet at the above addresses or in the country. OTHER INQUIRIES - A~ DEATH RECORDS: We were unable to locate any information for Kyle N Hornet at the above addresses or in the country. B. PUBLIC LICENSES ( PILOT, REAL ESTATE, ETC. ): We were unable to locate any information for Kyle N Homer at the above addresses or in the country. C. COUNTY VOTER REGISTRATION: We were unable to locate any information for Kyle N Hornet at the above addresses or in the country. OTHER SEARCHES - We were unable to locate any tax information for Kyle N Horner at the above addresses. ADDITIONAL INFORMATION ON SUBJECT - A. DATE OF BIRTH: We were unable to locate any information for Kyle N Horner at the above addresses or in the country. Players National Locator 113 Old State Road, Suite 104 St. Louis, MO 63021 Phone: (636) 230-9922 Fax: (636) 230-0558 E)fHIBiTB _VERIFICATION FRANK FEDERMAN, ESQUIRE, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF THE NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT are true 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 WAYPOINT BANK F/K/A HARRIS SAVINGS BANK VS. ESTATE OF SHIRLEy L. HORNER, RANDALL J. ttORNER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORNIER ESTATE OF DANIEL E. HORNER, JAMES D. FLOWER, JR., ADMINISTRATOR C.T.A AND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DP~/ISION CUMBERLAND COUNTY No.: 03-582 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 Au__qgust 7,_2003. KYLE N. HORN'ER, DIVISEE OF THE ESTATE OF DANIEL E. HORNER 902 CANTERBURY DRIVE MOON TOWNSHIP, PA 15108 Date: August 7, 2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PLAINTIFF AFFIDAVIT OF SERVICE WAYPOINT BANK FPKJA HARRIS SAVINGS BANK CUMBERLAND COUNTY No. 03-582 PJT DEFENDANT ESTATE OF DANIEL E. HORNER, JAMES D. FLOWER, JR., ADMINISTRATOR C.T.A AND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER 26 WEST HIGH STREET CARLISLE, PA 17013 ACCT. #50068619 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 3, 2003 SERVED Served and made known to -'~-?}-o~-5 2~t/(3t~ex3i '~,'C , Defendant, on the ,200-g. at .Z/.')P' . o'clock/0.m., at day of "~'-t,t4'e~ , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served, oeb/e~J , 'x7l-AduP r~;t- member with whom Defendant(s)ee'sifiL'r¢~ Relationship is ~-' Adult in charge of Defendant(s) s resxdence who refused to g~ve name or rela:~onsh~p. __Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age oQI neight~_" Weight}o,O~5~ Race (-~ Se.x "~ Other I,/./J)////'grO .r0. A/Je t,/~,gC~, a competent adult, being duly sworn according to law, depose and state that I personally handed a tree and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed 1 LIm~,l. J~8~, ~ before me thi~EAxtay [ Oaff~llo~_?t~..~.~ [ .1 -- /// of~,200-.~ [ ~/{:10~mt~~/et~ 1,4// ( -\/ / Notary Ig~l~, PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the __ da)' of ,200__, at .__ o'clock __.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt:. / / Time: 2"a 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 AFFIDAVIT OE SERVICE PLAINTIFF WAYPOINT BANK F/K/A HARRIS SAVINGS BANK DEFENDANT(S) ESTATE OF SHIRLEY L. HORNER, RANDALL J. HORNER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORNER 634 CONVENT ROAD ASTON, PA 19014 Served and made known t~_l. ~ 5. ~4~gt%~/~'SERVED ~q dayof JV/}'~ , Defendant, on the CUMBERLAND COUNTY PJT No. 03-582 ACC;T. #50068619 Type of Action -. Notice of Sheriff's Sale Sale Date: SEPTEMBER 3, 2003 , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. ~Adultfamilymemberwithwho,m_Defendant(s)reside(s)-Relationshipis.i~?f~s,~"~r~' ~t'l~t" ({~/i~'~) Adult in charge of Defendant(s) s residence who refused to give name or relationship. __Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age ~'~ Height ~'¢~ Weight t~O Race ~J Sex ~'~ Other I, ~, a competent adult, being duly sworn according to law, depose and state that I personally banded a tree and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this ,~{ ~ay 1~ ' ~ ~ ~ J /~t~ // NOT SER~D On the day of ,200~, at O'clock ~.m., Defendant NOT FOUND because: Moved __ Unknown__ No Answer Vacant 1st Attempt: / / Time: : 2"d Attempt: / / Time: 3rd Attempt: / Sworn to and subscribed before me this day of ,200 _. Notary: / Time: : By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 PLAINTIFF AFFIDAVIT OF SERVICE WAYPOINT BANK F/FdA HARRIS SAVINGS BANK CUMBERLAND COUNTY No. 03-582 DEFENDANT(S) KYLE N. HORNER, DEVISEE OF THE ESTATE OF DANIEL E. HORNER AND MATTHEW HORNER, DEVISEE OF THE ESTATE OF DANIEL E. HORNER 902 CANTERBURY DRIVE MOON TOWNSHIP, PA 15108 ACCT. #50068619 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 3, 2003 SERVED Served and made known to ,200_~. at ~iO f , o'clock ~;~.m., at , Commonwealth of Pennsylvania, in the manner described below: Defendant, on the t (~ . day of ~-~O~ ~ __ Defendant personally served. __ Adult family member with whom Defendant(s) reside(s). Relationship is J~. O ~ __ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. __,Other: Description: Agek~O Height~'t°9-'' Weightf~O Race 0~ Sex ~'~" Other I, (~ ~ ~ ~ , a competent adult, being duly sworn accord~g to law, depose and s~te t~t I perso~l[y banded a ~e ~d co~ect copy of the Notice of SherifUs Sale in the ~er as set fo~h herein, issued ~ the captioned case on ~e ~te and at the address ~dicated above. befo tM ~ T~ L S~L of~~~' N~ Public I PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SER~CE ATTEMPTED. NOT SERVED On the day of ,200__, at __ o'clock __.m, Defendant NOT FOUND because: __ Moved __ Unknown__ No Answer Vacant Attempt:. / / Ti~e: : 2~a AttemptL / / Time: 3rd Attempt: / Sworn to and subscribed before me this day of ,200 _. Notary: / Time: : By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 AUG 11 2003 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WAYPOINT BANK F/K/A HARRIS SAVINGS BANK VS. ESTATE OF SHIRLEY L. HORNER, RANDALL J. HORNER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORNER ESTATE OF DANIEL E. HORNER, JAMES D. FLOWER, JR., ADMINISTRATOR C.T.A AND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL D1%rISION CUMBERLAND COUNTY No.: 03-582 ORDER AND NOW, th~s~_~da ofIJ...O 200 · Y ~--~'~r4---, 3, 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), DEBORAH CLUGSTON, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to Defendant's last known address at 39 SOUTH EAST STREET,, c.~SLE. PA 17013. ~.,, ,"-'.t,',i ~ :t~,,. ~,,.,,,.,'t-,, ,.,a ~,., ~"~'l,,;l,/,, ,."'~ ':', , berv~ce ot the a~orement~oned mailings is effective upor~ the date of mailing and is to be done by Plaintiff's attorney, who will file with the Prothonotary's Office an Affidavit of service. BY THE COURT: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAYPO1NT BANK F/K/A HARRIS SAVINGS BANK VS. ESTATE OF SHIRLEY L. HORNER, RANDALL J. HORNER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORNER ESTATE OF DANIEL E. HORNER, JAMES D. FLOWER, JR., ADMINISTRATOR C.T.A AND ALL HEIRS AT L~AW OF THE ESTATE OF DANIEL E. HORNER ) CIVIL A,~TION ) ) CIVIL DYqlSION ) NO. 03-582 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for WAYPOINT BANK F/K/A HARRIS SAVINGS BANK hereby verify that on June 9., 2003 true and correct copies of the Noticb 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: August 11, 2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff $ 02. FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WAYPOINT BANK F/K/A HARRIS SAVINGS BANK VS. ESTATE OF SHIRLEY L. HORNER, RANDALL J. HORNER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORNER ESTATE OF DANIEL E. HORNER, JAMES D. FLOWER, JR., ADMINISTRATOR C.T.A AND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 03-582 AUG ll 2003 ORDER AND NOW, this _]~ay of ]~-~r.~- ,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), KYLE N. HORNER, DIVISEE OF THE ESTATE OF DANIEL E. HORNER, by mailLng a tree and correct copy of the Notice of Sale by certified mail and regular mail to Defendant's last known aqllJress at 9~0:~ CA,NT~]~,Lr~Y DRIVE,~MQON_TOWNSI-IIP, PA 15108. pr-~o~ t3 ~ ~ p-~t,~art~ ~t~. t~ ~t. (~,-~ae.~l,a~[/--~ ~' ' - e ..... ~,.-e-- .~..~,~ ~' .~,i S rv~ce of the afdrement~oned mmhngs ~s effective upon the date of marling and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit of service.~.~ FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION WAx/POINT BANK F/K/A HARRIS SAVINGS BANK VS. CUMBERLAND COUNTY No.: 03-582 ESTATE OF SHIRLEY L. HORNER, RANDALL J. HORNER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORNER ESTATE OF DANIEL E. HORNER, JAMES D. FLOWER, JR., ADMINISTRATOR C.T.A AND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Frank Federman, Esquire, moves this Honorable Court for an Order directing service of the Notice of Sale upon the above captioned Defendant(s) by certified mail and regular mail to Defendant's last known address. 1. Attempts to serve Defendant with Notice of Sale have been unsuccessful, as indicated by the Affidavit of Service attached hereto as Exhibit "A." 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the result there from is attached hereto as Exhibit "B." WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE iDENTIFICATiON NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WAYPOINT BANK F/K/A HARRIS SAVINGS BANK ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DWISION CUMBERLAND COUNTY No.: 03-582 VS. ESTATE OF SHIRLEY L. HORNER, RANDALL J. HORNER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORNER ESTATE OF DANIEL E. HORNER, JAMES D. FLOWER, JR., ADMINISTRATOR C.T.A AND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable role, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs return of"Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polls, 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 Sheriff has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Good Faith Investigation, marked Exhibit "B." WHEREFORE, Plaintiff respectfully requests service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. Respectfully submitted: FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF PLAINTIFF AFFIDAVIT OF SERVICE WAYPOINT BANK F/K/A HARRIS SAVINGS BANK CUMBERLAND COUNTY No. 03-582 PJT DEFENDANT(S) KYLE N. HORNER, DEVISEE OF THE ESTATE OF DANIEL E. HORNER AND MATTHEW HORNER, DEVISEE OF THE ESTATE OF DANIEL E. HORNER 902 CANTERBURY DRIVE MOON TOWNSHIP, PA 15108 ACCT. #50068619 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 3, 2003 SERVED Served and made known to ,200_, at , o'clock __.m., at , Defendant, on the , 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 lodghig 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: day of EXHIBIT/t, Description: Age Height Weight Race Sex Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice &Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this __ day of ,200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE Onthe day of ~O./v ~- fi<~ Moved __ Unknown__ No Answer 1st Attempt: / / Time: : : ATTEMPTED. NOT SERVED ,200~, at'j :r_.~ o'clock~).m., Defendant NOT FOUND because: __ Vacant 2"a Attempt: / / Time: / / Time: : Sworn to subscribed Frank PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: 03-582 Attorney Firm: TRACK STARS DECEASED Case Number: Subject: Kyle N Homer A.K.A.: None Property Address: 39 S East Street Carlisle, PA 17013 Last Known Address: 902 Canterbury Drive Coraopolis, PA 15108 Last Known Number: ( ) Melissa Kozma, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of Location Specialist for Players National Locator. 2. On 7/10/2003, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION - A. SOCIAL SECURITY NUMBER(S):000-00-O000 B. EMPLOYMENT SEARCH: We were unable to verify current employment for Kyle N Homer, C. INQUIRY OF CREDITORS: We were unable to locate any information for Kyle N Horner at the above addresses or in the country. INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH: We contacted (610)$$8-0264 and spoke to a person who refused to release any information for Kyle N Homer. We were unable to locate any information for Kyle N Homer at the above addresses or in the country. INQUIRY OF NEIGHBORS - We were unable to contact any neighbors to confirm any information for Kyle N Hornet. We were unable to locate any information for Kyle N Hornet at the above addresses or in the country. INQUIRY OF POST OFFICE - A. NATIONALADDRESS UPDATE: We were unable to locate any information for Kyle N Homer at the above addresses or in the country. MOTOR VEHICLE REGISTRATION - A. MOTOR VEHICLE & DMV OFFICE: We were unable to locate any information for Kyle N Homer at the above addresses or in the country. OTHERINQUIRIES- A. DEATH RECORDS: We were unabletolocateanyin~rmafionforK¥1e N Hornerattheaboveaddressesorinthe country. PUBLIC LICENSES ( PILOT, REAL ESTATE, ETC. ): We were unable to locate any information for Kyle N Hornet at the above addresses or in the country. C. COUNTY VOTER REGISTRATION: We were unable to locate any information for Kyle N Homer at theabove addresses or in the country. OTHER SEARCHES - We were unable to locate any tax information for Kyle N Horner at the above addresses. ADDITIONAL INFORMATION ON SUBJECT - A. DATE OF BIRTH: We were unable to locate any information for Kyle N Homer at the above addresses or in the country. /~I~I~IAN T Melissa Kozma¢,~'~'~ Sub ~i e~d and o~rn to before,rjl¢~3~_31/2003 ~ EXHIBiT B Players National Locator 113 Old State Road, Suite 104 St. Louis, MO 63021 Phone: (636) 230-9922 Fax: (636) 230-0558 VERIFICATION FRANK FEDERMAN, ESQUIRE, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF THE NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT are tree and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to 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 WAYPOINT BANK F/K/A HARRIS SAV1NGS BANK VS. ESTATE OF SHIRLEY L. HORNER, RANDALL J. HORN-ER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORNER ESTATE OF DANIEL E. HORNER, JAMES D. FLOWER, JR., ADMINISTRATOR C.T.A AND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 03-582 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 August 7, 2003. KYLE N. HORNER, DIVISEE OF THE ESTATE OF DANIEL E. HORNER 902 CANTERBURY DRIVE MOON TOWNSHIP, PA 15108 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Date: August 7, 2003 FEDERMAN AND PHELAN BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEY FOR PLAINTIFF WAYPOINT BANK F/K/A HARRIS SAVINGS BANK VS. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL D1VISION ESTATE OF SHIRLEY L. HORNER, RANDALL J. HORNER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORNER ESTATE OF DANIEL E. HORNER, JAMES D. FLOWER, JR., ADMINISTRATOR C.T.A AND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER NO. 03-582 VRR 1FIC ATION 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, remm receipt requested, to the following person(s) KYLE HORNER, D1VISEE OF THE ESTATE OF DtLNIEL E. HORNER on Al IGI l.qT 20; 2003 at 39 SOUTH EAST STREET, CARLISLE, PA 17013, in accordance with the Order of Court dated, Al IGI l~qT 1'~: 2003. The undersigned understands that this statement is made subject to the penalties of 18 PA. C.S. s4904 relating to unswom falsificaton to authorities. F1LadNK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF DATE: September 5, 2003 ^UG 11 003 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WAYPOINT BANK F/K/A HARRIS SAVINGS BANK VS. ESTATE OF SHIRLEY L. HORNER, RANDALL J. HORNER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORNER ESTATE OF DANIEL E. HORNER, JAMES D. FLOWER, JR., ADMINISTRATOR C.T.A AND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS C1VIL DIVISION CUMBERLAND COUNTY No.: 03-582 ORDER AND NOW, this ]O'~clay ~, 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), KYLE N. HORNER, DIVISEE OF THE ESTATE OF DANIEL E. HORNER, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to Defendant's last known address at 902 CANT~RBLIRY D ,RIVE. MOON TOWNSHIF PA 15108 BI~ I~O$¥'t~'''~' SI}rvice of the",ffdrementioned mailings is effective upon the date of mailing and is to be done by PlaimilTs attorney, who will file with the Prothonotary's Office an Affidavit of service. BY THE COURT: sE~OER: AFFIDAVIT OF SERVICE PLAINTIFF WAYPOINT BANK F/K]A HARRIS SAV]~/GS BANK CUMBERLAND COUNTY No. GD 03-582 DEFENDANT (S) KYLE HORNER, DIVISEE OF THE ESTATE OF DANIEL E. HORNER Type of Action - Notice of Sheriff's Sale SERVE AT 39 SOUTH EAST STREET CARLISLE, PA 17013 **Please post the Property with the Notice of Sale** Sale Date: DECEMBER 10, 2003 of ~,O~v.~'~ , 200~ at 7,'d~ $-, o'clock ~/~.m., at ~ ? Commonwealth of Pennsylvania, in the manner described below: SERVED , Defendant, on the ~ ~ ~ day Sworn to and subsc.ri~.,ed befo~ie me thks. ~G day of NOT SERVED '~~ ***ATTEMPT SERVICE NLT THREE (3) TIMES*** On the day of ,200__, at __ FOUND because: o'clock __.rr~, Defendant NOT __ Moved __ Unknown__ No Answer __ Vacant Other: 1st attempt Date & Time Sworn to and subscribed before me this day of ,200 _. Notary: ,2nd attempt Date & Time By: _, 3rd attempt Date & Time Loan # Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station- Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FEDERMAN AND PHELAN BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEY FOR PLAINTIFF WAYPOINT BANK FPF, UA HARRIS SAVINGS BANK VS. ESTATE OF SHIRLEY L. HORNER, RANDALL J. HORN'ER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORNER ESTATE OF DANIEL E. HORNER, JAMES D. FLOWER, JR., ADMINISTRATOR C.T.A AND ALL HE[RS AT LAW OF THE ESTATE OF DANIEL E. HORNER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-582 VF, R [FTC A TION I hereby certify that a tree and correct copy of the Notice of Sheriffs Sale in the above captioned matter was sent by regular mail and certified mail, retum receipt requested, to the following person(s) DEBORAH CLUGSTON on AIIGII,qT 20:2003 at 39 SOUTH EAST STREET, CARLISLE, PA 17013, in accordance with the Order of Court dated, 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: September 5, 2003 AU~ 1 1 ~003 ~ FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WAYPOINT BANK F/K/A HARRIS SAVINGS BANK VS. ESTATE OF SHIRLEY L. HORNER, RANDALL J. HORNER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORNER ESTATE OF DANIEL E. HORNER, JAMES D. FLOWER, JR., ADMINISTRATOR C.T.A AND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DWISION CUMBERLAND COUNTY No.: 03-582 ORDER A AND NOW, this ['~day of ~]fi · ,2003, upon consideration of Plaintiffs /1 Motion and the Affidavit of Good Faith InwQ~igation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above captioned Defendant(s), DEBORAH CLUGSTON, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to Defendant's last known address at 39 SOUTH EAST STREET, ~'~"----~f'th~forementioned 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. J4 7160 3901 9848 03~6 5637 TO: DEBORAH CLUGSTON 39 SOUTH EAST STREET CARLISLE, PA 17013 SENDER: TEAM 2 JRL REFERENCE: .37 ~4e-rusN 2.30 RECEIPT SERVICE t Fee 0.00 Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage p~ovided Do Not Use lot International 0.00 2.67 AFFIDAVIT OF SERVICE PLAINTIFF WAYPOINT BANK F/K/A HARRIS SAVINGS BANK CUMBERLAND COUNTY No. GD 03-582 DEFENDANT (S) DEBORAH CLUGSTON 39 SOUTH EAST STREET Type of Action - Notice of Sheriff's Sale SERVE AT CARLISLE, PA 17013 **Please post the Property with the Notice of Sale** SERVED Served and made knov~a to ~)~__~:m~.q ~_.~L~ ,Defendant, onthe of~'o~'o~'{ ,200~at ~71..~"-,o'clock~_.m.,at -~ ~'. Commonwealth of Pennsylvania, in the manner described below: Sale Date: DECEMBER 10, 2003 C:~''- ~d~ day 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. [~ ap 9ffleer of said Defendant(~)'s company. )<' Other: Description: Age__ Height Weight_ Race Sex .-- Other I, ~,,t ~C~. L,, C~,'t¢. ~ yl/'~,'.a competent adult, being duly sworn accordmg' to law, depose and state that I personally posted a tree and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed bef~e me this .~_~day I of/h,J~o, 1-, 200J .E~tTl~. ~NOT SERVED ***ATTEMPT SERVICE NLT THREE (3) TIMES*** On the day of ,200__, at __ o'clock __.m., Defendant NOT FOUND because: Moved Unknown__ No Answer __ Vacant Other: 1st attempt ,2nd attempt Date & Time Date & Time ., 3rd attempt Date & Time Sworn to and subscribed before me this day of ,200 _. Notary: By: Loan # Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station- Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FEDERMAN AND PHELAN, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Main Fax 215-563-5534 john.larson~fedphe, com November 4, 2003 Office of the Prothonotary CUMBERLAND County Courthouse WAYPOINT BANK F/K/A HARRIS SAVINGS BANK v. ESTATE OF SHIRLEY L. HORNER, RANDALL J. HORNER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORNER AND ESTATE OF DANIEL E. HORNER, JAMES D. FLOWER, IR., ADMINISTRATOR C.T.A AND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER CUMBERLAND COUNTY, NO. 03-582 Dear Sir/Madam Enclosed are the original Affidavits of Service for the above captioned matter. Kindly file the attached affidavits. I have forwarded copies of the same to the Sheriff's office. Thank you for your cooperation. ym~~ ~ JoSh R. Lak. gon fo~lFederman and Phelan CC: Sheriff's Office of CUMBERLAND County AUO OD3 FEDERMAN AND PHELAN By: F1LkNK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WAYPOINT BANK F/FdA HARRIS SAVINGS BANK VS. ESTATE OF SHIRLEY L. HORNER, RANDALL J. HORNER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORN'ER ESTATE OF DANIEL E. HORNER, JAMES D. FLOWER, JR., ADMINISTRATOR C.T.A AND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 03-582 ORDER AND NOW, this _L~._'l~day o~ 2003, upon consideration of Plaintiff's 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), KYLE N. HORNER, DMSEE OF THE ESTATE OF DANIEL E. HORNER, by mailing a true and correct copy of the Notice of Saie by certified mail and regatar mail to Defendant's last known addresa at 902 CANTERB YDRIVE. MOO TOWNSHIP PA15108 bi& ~O.~"'t~~'~' / -- SIl~rice ofthe'fffdrementioned 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: PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Richard Canazaro, Internet Director of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication October 3, 2003 Affiant further deposes that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are~-~ ~ October 13, 2003 Sworn to and subscribed before me this 13th day of October ,2003. Notary Public My commission expires: ELLEN B. RUNDLE, Notary FuD~c Mechanicsburg, Cumberland County Commission Expires September 17, 2005~ 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 [,aw 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 SEPTEMBER 26, 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 alleg, ations in the foregoing statements as to time, place and character of publication are true. S /j S~RNTOANDCs~BsCRitBEDa/~,~ Marie o~ne,Edior beforeme this 26 day of SEPTEMBER, 2003 Ngtarv .~ NOTARIAl. SEAL LOI$ E. SI~ER, Notary Public Cmtlsie Bom, Cumbed~md County commission Expires March 5, 2005 CUMBERLAND LAW JOURNAL, NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action--Law No. 02-3825 WA/POINT BANK, F/K/A HARRIS SAVINGS BANK vs. ESTATE OF SHIRLEY L. HORNER, RANDALL J. HORNER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORNER ESTATE OF DANIEL E. HORNER, JAMES D. FLOWER, JR., ADMINISTRATOR C.T.A. AND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER NOTICE TO: KYLE N. HORNER, DEVISEE OF THE ESTATE OF DANIEL E. HORNER NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TAKE NOTICE that the real es- tate located at 39 SOUTH EAST STREET, CARLISLE, PA 17013 is scheduled to be sold at Sheri/Ts Sale on WEDNESDAY, DECEMBER 10, 2003 AT 10:00 A.M. in the Cumber- land County Courthouse, South Han- over Street, Carlisle, PA 17013 to enforce the court Judgment of $48,- 421.64, obtained by WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK, .AS ATTORNEY IN FACT {the mortgagee). Prop. sit. in ti~e Second Ward of the Borough of Carlisle, Cumberland County, Pennsylvania Being Prem- ises: 39 SOI_rFI-I EAST STREET, CAR- LISLE, PA 17013. Improvement.~ consist of reaiden- rial property. Sold as the property of ESTATE OF SHIRLEY L. tIORNER, RANDALL J, HORNER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORNER AND ES- TATE OF DAN[EL E. HORNER, JAMES D. FLO~'ER, JR., ADMIN- ISTRATOR C.T.A, AND ALL HEIRS AT LAW OF THE ESTATE OF DAN* 1EL E. HORNEE. Terms of Sale:: As the auctioneer knocks dovm a property to a suc- cessful bidder, Len (10%) per cent of the purchase price or all costs, whichever is hig~aer, shall be deliv- ered to the Sheriff and, upon de- fault of such payment, the Sheriff shall direct the auctioneer to resell the property, hi all cases, the bal- ance of the successful bid shall be paid to the Sheriffnot later than Fri- day, December 19, 2003 at 12:00 P.M., prevailing time. Otherwise, all monies paid will be forfeited and the property will be re-sold on Decem- ber 26, 2003 at 10:00 A.M., prevail- ing time in the Office of the Sheriff. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff, on November 3, 2003 and distribution will be made in accor- dance with the schedule unless ex- ceptions are filed thereto within ten (10) days thereafter. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Suite 1400 One Pen~ Center 1617 John F. Kennedy Boulevard Philadelphia, PA CUMBERLAND LAW JOURNAL 19103-1814 {215) 563-7000 Sept, 26 FEDERMAN AND PHELAN, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-181,1l 215-563-7000 Main Fax 215-563-5534 john.larson~fedphe.com November 4, 2003 Office of the Prothonotary CUMBERLAND County Courthouse WAYPOINT BANK F/K/A HARRIS SAViNGS BANK v. ESTATE OF SHIRLEY L. HORNER, RANDALL J. HORNER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORNER AND ESTATE OF DANIEL E. HORNER, JAMES D. FLOWER, JR., ADMINISTRATOR C.T.A AND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER CUMBERLAND COUNTY, NO. 03-582 Dear Sir/Madam Enclosed are the original Affidavits of Service for the above captioned matter. Kindly file the attached affidavits. I have forwarded copies of the same to the SherifFs office. Thank you for your cooperation. lan CC: Sheriff's Office of CUMBERLAND County AUG 1 2003 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WAYPOINT BANK F/K/A HARRIS SAVINGS BANK VS. ESTATE OF SHIRLEY L. HORNER, RANDALL J. HORNER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORNER ESTATE OF DANIEL E. HORNER, JAMES D. FLOWER, JR., ADMINISTRATOR C.T.A AND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIV~ DIVISION CUMBERLAND COI. YNTY No.: 03-582 ORDER AND NOW, this [ ~Onday °f"'~I/r~'C~ 2003, upon consideration of Plaintift's' Molaon and the Affidavit of Good Faith Inv/~dgation attached thereto, it is hereby ORDERED that Plaintiffmay obtain service of the Notice of Sale on the above captioned Defendant(s), DEBORAH CLUGSTON, by mailing a tree and correct copy of the Notice of Sale by certified mail and regular mail to Defendaut's last known address at 39 SOI~-I EAST STREET, L Service-~fthlt~{ffmementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotar~s Office au Affidavit of service. -! Proof of Publication of Notiice in The News-Chronicle COUNTY OF CUMBERLAND COMMONWEALTH OF. PENNSYLVANIA WILLIAM J. MANSFIELD, INC. Andrew ~. McMullin, being duly sworn according to law, deposes and, sa\'s that he is the Edilor of "The Newt,- Chronicle," which is a weeklv newspaper of general circulation published i~ Shippensburg Tov,'nship, Cumberland Count',', Penn,~v]vania, by The'News-Chronicle Company, a corporation duly organized and existing under ~he ~a',','.~ of the ~ommonwealth of Penns)']vania having its principal place of' business at 1011 Ritner Highway (P.O Box 100), Shippensburg, Peru'~sy]vania; that he is authorized to and does make this aff'idavii on its behalf'; that the prifited notice, advertisemen! of' publication attached hereto is the same as was printed in the regular editions and issues of "The News-Chronicle" on the following date(s): September 19~ 2003 Affiant further deposes that neither he nor "The News-Chronicle" and The News-Chronicle Company have any interest in the subject matters of the aforesaid notice or advertisement, and that the facts set forth in the foregoing affidavit are and subs.tribe4 b~ore me this Notarial Seal Kristan b Statler, Notary Public Bedford Bom, Bedford County My Commission Expires Feb. 13 Copy of Notice of Publication FEDERMAN AND PHELAN, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Main Fax 215-563-5534 john.larson~fedphe.com November 4, 2003 Office of the Prothonotary CUMBERLAND County Courthouse WAYPOINT BANK F/K/A HARRIS SAViNGS BANK v. ESTATE OF SHIRLEY L. HORNER, RANDALL J. HORNER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORN'ER AND ESTATE OF DANIEL E. HORNER, JAMES D. FLOWER, JR., ADMiNISTRATOR C.T.A AND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER CUMBERLAND COUNTY, NO. 03-582 Dear Sir/Madam Enclosed are the original Affidavits of Service for the above captioned matter. Kindly file the attached affidavits. I have forwarded copies of the same to the Sheriff's office. Thank you for your cooperation. f~r Federman and Phelan CC: Sheriff's Office of CUMBERLAND County FEDERIVlAN AND PHELAN By: FRANK FEDERM-AN, ESQUIRE ~DENT~FICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WAYPOINT BANK F/KYA HARRIS SAVINGS BANK VS. ESTATE OF SHIRLEY L. HORNER, RANDALL J. HORNER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORN-ER ESTATE OF DANIEL E. HORIqER, JAMES D. FLOWER, JR., ADMINISTRATOR C.T.A AND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVL~ION CUMBERLAND COUNTY No.: 03-582 ORDER AND NOW, this ['~+~day of ~} h . ,2003, upon consideration of Plaintiffs Motion and the Affidavit of Good Faith Inv~d'gation attached thereto, it is hereby ORBERED that Plainfiffmay obtain service of the Notice of Sale on the above captioned Defendant(s), DEBORAH CLUGSTON, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to Defendant's last known address at 39 SOUTH EAST STREET, .... CARISLE, I~A.~1701.3%-'~ o/'~f2~".~ ~,. ~ ,r~ ..~;~./rt.O~l .~x,3.o.12~n .,~ rrm*~., I!.~_~,~, I,,~.A ..:.A,~,~. J. loo.(moJ- ~ ~ __ t . t o .... e C..~ t'~nm~~~fl~orementioncd mailings is effecttve upon the date of marling and ts to o -- 0 done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit of service. Proof of Publication of Notice in The News-Chronicle COL'NTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA WILLIAM J. MANSF]]ELD, INC. savs thal he is the Edilor of "The News- Andrew J. McMull~, being du]v sworn accord~g Io l~w, deposes and Chronicle," which is ~ weekly ne~'spaper o~ general circulation published i~ Shippensburg Township, Cumberland corporation duly organized and existing under the laws ' -,' ' ' ' ' "-.' ~ . ' " place of business at 1011 Ritner Highway (P.O, Box Shippensburg, pem~syh'~ia; thai he is authorized lo and d~s make this affidavil on its behalf; ~hal the primed noiice, advertisemenl of publicalion attached heretO is ~he same as was printed ~ lhe re~nr editions and issues of "~e News-Chronicle" on the foBowing S~ 19~ 20Oq _ Copy of Notice of Publication Affiant further deposes that neither he nor "The News-Chronicle" and The News-Chronicle Company have any interest in the subject matters of the aforesaid notice or advertisement, and that the facts set forth in the foregoing affidavit are S.v~orn and subs~tbe~l b~ore me Notarial Seat Knsten L Statter, Notary Public Bedford Boro, Bedford County My Commissicm Expires Feb 13. 2006 ~o{ary Public State of Pennsylvania, County of Cumberland. then Friday, December 19, 2003 et 12:uu .., prevaiJing time. Otherwise, ali monies pa~i wi~l be lode ted and the property will be re-sold on December 26, 2003 at 10:00 A.M., prevailing time in the Office o! the Sher~. PROOF OF PUBLIC T^KE NOTICE that e Schedule ol O stribution will be flied by the bedfl on November 3, 2003 and distrbution will be made in accord- Sance are fi~ed thereto within ten the schedule unless expectations (1~) dS'!S,tbereafter' FrankFederman, Esquire Suite 1400, One Penn Center 1617, John F. Kennedy B0ulevard phil~lphia, FA 19103-1814 Richard Canazaro, Internet Director (215) 563-7000 Att0rn sy for plaintiff of the County and State aforesaid, being duly sworn, deposes ant general circulation in the Borough of Carlisle, County and State al Adv. NC Sept. 19 ......... ~, ,ouh 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication October 3, 2003 Affiant further deposes that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication a~re-t~..~ ~ October 13, 2003 Sworn to and subscribed before me this 13th day of October ., 2003. Notary Public My commission expires: NOTAPJ ~.L SEAL ELLEN B RUNDLE, Notary PuUic Mechanicsbu g, cumberland County Commission Expires September 7, 2005 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : · SS. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland ]Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication a~ached 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 SEPTEMBER 26, 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 advertisament, and that all allegations in the foregoing statements as to time, place and character of publication are true. -~l~i~sa Marine Coyne, ~ditor SWORN TO AND SUBSCRIBED before me this 26 day of_ SEPTEMBER, 2003 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Co,xrt of Common Pleas of Cumberland County, Pennsylvania Civil Action--Law No, 02-3825 WAYPOINT BANK, F/K/A HARRIS SAVINGS BANK VS. ESTATE OF SHIRLEY L, HORNER, RANDALL J. HORNER. EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORNER ESTATE OF DANIEL E, HORNER, JAMES D. FLOWER, JR., ADMINISTRATOR C.T,A, AND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E, HORNER NOTICE TO: DEBORAH CLUGSTON NOTICE OF SHERIFFS SALE OF REAL PROPERTY TAKE NOTICE that the real es- tate located at 39 SOUTH EAST STHEET, CARLISLE, PA 17013 is scheduled to be sold at Sheriffs Sale on WEDNESDAY, DECEMBER 10, 2003 AT 10:00 A.M. in the Cum- berland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court Judgment of $48,421.64, obtained by WAYPOINT BANK, F/K/A HARRIS SAVlNGS BANK, AS ATI'ORNEY IN FACT (the mortgagee). Prop. sit. in the Second Ward of the Borough of Ca~lisle, Cumberland County, Pennsylvania Being Pre- raises: 39 SOUTH EAST STREET, CARLISLE, PA 17013, Improvements consist of residen- tial property. Sold as the propert~z of ESTATE OF SHIRLEY L. I-[ORNER. I~ANDALL J. HORNER, EXECUTOR AND ALL HEIRS AT LAW OF THE ESTATE OF SHIRLEY L. HORNER AND ES- TATE OF DANIEL E. HORNER, JAMES D. FLOWER, JR., ADMINIS- TRATOR C.T.A. I~ND ALL HEIRS AT LAW OF THE ESTATE OF DANIEL E. HORNER. Terms of Sale: As the auctioneer knocks down a property to a suc- cessful bidder, ten (10%) per cent of the purchase price or all costs, whichever is higher, shall be deliv- ered to the Sheriff and, upon de- fault of such payment, the Sheriff shall direct the auctioneer to resell the property, in all cases, the bal- ance of the successful bid shall be paid to the Sheriff not later than Fri- day, December 19, 2003 at 12:00 P.M., prevailing time. Otherwise, all monies paid will be forfeited and the property will be re-said on Decem- ber 26, 2003 at 10:00 A.M. prevail- ing time in the Office of the Sheriff. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff, on November 3, 2003 and distribution will be made in accor- dance with the: schedule unless ex- ceptions are filed thereto within ten (10) days thereafter. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Suite 1400 One Penn Center 1617 John F. Kennedy Boulevard Philadelphia, PA 19103- [814 {215) 563-7000 Sept. 26 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 Fannie Mae is the grantee the same having been sold to said grantee on the 10th day of Dee A.D., 2003, under and by virtue of a writ Execution issued on the 6th day of June, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 582, at the suit of Wavpoint Bank against Shirley L Homer Estate & Daniel E Homer Admr& Matthew Homer & Kvle N Homer & Deborah Clugston is duly recorded in SheriWs Deed Book No. 261, Page 1692. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this C~/'~ day of ~j ~ee corder of Deeds Waypoint Bank f/k/a Harris Savings Bank In The Court of Common Pleas of VS Cumberland County, Pennsylvania Estate of Shirley L. Homer, Randall J. Writ No. 2003-582 Civil Term Homer, Executor and all Heirs at Law of The Estate of Shirley L. Homer, Estate ofDa~fiel E. Homer, James D. Flower, Jr., Administrator C.T.A. and all Heirs at Law of the Estate of Daniel E. Homer, Kyle N. Homer, Devisee of the Estate of Daniel E. Homer, Matthew Homer, Devisee of the Estate of Daniel E. Homer, and Deborah Clugston R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Estate of Shirley L. Homer, Randall J. Homer, executor and all Heirs at Law of the Estate of Shirley L. Homer, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Delaware County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. DELWARE COUNTY RETURN: Now, July 18, 2003 at 2:00 o'clock PM served the within Real Estate Writ-Notice of Sale upon Randall J. Homer at 634 Convent Road, Aston, PA 19014 by handing to him a copy of the original and made known the contents thereof. So Answers: Robert C. Suder, Deputy ~heriffofDelaware County. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 20, 2003 at 8:36 o'clock AM, he served a tree copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Estate of Daniel E. Homer, James D. Flower, Jr., Administrator C.T.A. and all heirs at law of the Estate of Daniel E, Homer, by making known unto James D. Flower, Jr., personally, at 26 W. High St., Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said tree and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Kyle N. Homer, Devisee of the Estate of Daniel E. Homer and Matthew Homer, Devisee of the Estate of Daniel E. Homer, but was unable to locate them in his bailiwick. He therefore deputized the Sheriffof Allegheny County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. ALLEGHENY COUNTY RETURN: Now, July 7, 2003 at 2:05 o'clock PM, served the within Writ upon Matthew Homer at 902 Canterbury Drive, by handing to Millie Homer, Legal Guardian of defendant, a true copy of the original Writ and made know to her the contents thereof. SoAnswers: J. Cage, DeputySheriffofAllegheny County, Pennsylvania. ALLEGHENY COUNTY RETURN: Now, July 7, 2003 at 2:05 o'clock PM, no service made upon Kyle N. Homer. Defendant lives in Germany. So Answers: J. Cage, Deputy Sheriff of Allegheny County, Pennsylvania. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent seamh and inquiry for the within named defendant, to wit: Deborah Clugston, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND, as to the defendant, Deborah Clugston. House at 39 South East Street, Carlisle, PA 17013 is vacant. The post office does not have a forwarding address on file for the defendant. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on July 8, 2003 at 4:42 o'clock P.M., he posted a tree copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Estate of Shirley L. Homer, Randall J. Homer, Executor and all Heirs at Law of The Estate of Shirley L. Homer, Estate of Daniel E. Homer, James D. Flower, Jr., Administrator C.T.A. and all Heirs at Law of the Estate of Daniel E. Homer, Kyle N. Homer, Devisee of the Estate of Daniel E. Homer, Matthew Homer, Devisee of the Estate of Daniel E. Homer, and Deborah Clugston located at 39 S. East St., Carlisle, 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: Estate of Shirley L. Homer, Randall J. Homer, Executor and all heirs at law of the Estate of Shirley L. Homer to his last known address of 634 Convent Road, Aston, PA 19014. This letter was mailed under the date of July 25, 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 Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Estate of Daniel E. Homer, James D. Flower, Jr., Administrator C.T.A. and all heirs at law of the Estate of Daniel E. Homer to his last known address of 26 West High Street, Carlisle, PA 17013. This letter was mailed under the date of July 07, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sherift; 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: Matthew Homer, Devisee of the Estate of Daniel E. Homer to his last known address of 902 Canterbury Drive, Moon Township, PA 15108. This letter was mailed under the date of July 22, 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, Peimsylvania on December 10, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $10,000.00 to Attorney Frank Federman for Fannie Mae. It being the highest bid and best price received for the same, Fannie Mae of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $3,000.00, representing costs. Sheriff's Costs: Docketing $30.00 Poundage 200.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 6.90 Levy 15.00 Surcharge 60.00 Out of County 18.00 Delaware County 31.15 Allegheny County 75.00 Notary 6.00 Law Journal 749.00 Patriot News 599.35 Share of Bills 28.90 Postpone Sale 20.00 Distribution of Proceeds 25.00 Sherifl?s Deed 41.50 $1977.30 Sworn and subscribed to before me So Answers;, This .~ o2~day of R. Thomas Kline, Sheriff 2004, A.D. Real Estate ~)eputy SCHEDULE OF DISTRIBUTION SALE NO. 57 Date Filed: January 9, 2004 Writ No. 2003-582 Civil Term Waypoint Bank f/k/a Harris Savings Bank VS Estate of Shirley L. Homer, Randall J. Homer, Executor and all Heirs at Law of The Estate of Shirley L. Homer, Estate of Daniel E. Homer, James D. Flower, Jr., Administrator C.T.A. and all Heirs at Law of the Estate of Daniel E. Homer, Kyle N. Homer, Devisee of the Estate of Daniel E. Homer, Matthew Homer, Devisee of the Estate of Daniel E. Homer, and Deborah Clugston 39 South East Street Carlisle, PA 17013 Sale Date: Buyer: Bid Price: December 10, 2003 Fannie Mae $10,000.00 Real Debt: $48,421.64 Interest: 724.36 Attorney Costs: 616.55 Total: $49,762.55 DISTRIBUTION: Receipts: Cash on account (06/12/03): $1,500.00 Cash on account (08/18/03) 500.00 Cash on account (12/10/03): 1,000.00 Credit Writ No. 2003-582: 7,000.00 Total Receipts: $10,000.00 Disbursements: Sherif?s Costs Legal Search Carlisle Borough Attorney Federman Credit Writ No. 2003-582 $ 1,977.30 200.00 267.71 554.99 7,000.00 Total Disbursements: ($10,000.00) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff 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 Joumal, 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 ~ALE NO. 57 Writ No. 2003-582 Civil Waypoint Bank, f/k/a Harris Savings Bank VS. Estate of Shirley L. Homer. Randall J. Hornet. Executor and all Heirs at law of the Estate of Shirley L. Homer. Estate of Daniel E. Homer, James D. Flower. Jr., Administrator C.T.A. and all Heirs at law of the Estate of Daniel E. Hornet. Kyle N. Homer, Devisee of the Estate of Daniel E. Horner. Matthew Horner Devisee of the Estate of Daniel E. Homer, Deborah Clugston Atty.: Frank Federman ALL THAT CERTAIN lot or ground situate ta the Second Ward of the Borough of Carlisle. Cumberland County, Pe~msylvania, bounded and described as follows: ON the West by South East Street; on the South by property now or formerly of Louise A. Sheffer; on the East by the LeTort Spring; and on the North by property now or for- merly of Earl G. McClintock; having a frontage on South East Street of fifteen and one half (15-1/2) feet, more or less and a depth to the LeTort Spring of two hundred sev enty five {275) feet, more or less; and having erected a two and one half story brick house and known as 39 South East Street. TITLE TO SAID PREMISES IS VESTED IN The Estate of Shirley L. Horner. deceased, et ad. by rea- son of the following: BEING THE SAME premises which Cra-lisle Opportunity Homes, Inc. by Deed dated 3/10/1995 and recorded 3/10/1995 in.th..e County SWOKt, N~O AND SUBSCRIBED before me this 1 day of AUGUST, 2003 ation $1.00]. AND ALSO BEING THE gAME premises which Daniel E. Homer, Executor of tile Estate of Shirley b. Hornet by Deed dated 6/10/2000 and recorded 7/24/2000 In the County of Cumberland In Deed Book 225, Page 816 conveyed unto Karen E. Snyder, Custodial Parent of Kyle N. Homer, minor age grandchild {Consideration S 1,00}. AND ALSO BEING THE SAME premises which l<aren E. Snyder, Custodial Parent of Kyle N, Horner. minor age grandchild and Daniel E. Homer, Executor of the Estate of Shirley L. Horner by Deed dated 12/1/2000 and recorded 12/4/ 2000 in the County of Cumberland in Deed Book 235, Page 429 con- veyed unto Deborah Lynu Clugston, daughter {Consideration $1.00). THE SAID Daniel E. Homer failed to convey his interest in individual capacity as specific devisee in the Estate of Shirley L. Homer a/k/a Shirley L. Otto Homer and as grant- ee in Deeds recited in Deed Books 217. Page 566 az~d 225, Page 816 and 235, Page 429 and has since departed 6/11/2001 leaving a Will duly probated in Allegheny County wherein Letters of Administration C.T,A. were duly granted tu~to James D. Flower, Jn by the Register of W~flls of Allegheny County, PA on 9/11 / 2001 in Estate Docket #21-01-0839. WHEREIN SAID Will Testator devisees Residuary Estate to Mildred C. Talega-Horner, however, if she does not survive [dm. the living chil- dren of Mildred C. Talega Homer sha~l take his Residuary Estate. NOTE: In the petition for Grant of Letters of Administration by James D. Flower, dr., it states Mildred C. Talega-Horner was divorced from Daniel E. Homer. Mildred C. Talega- Homer is the Plenary Permanent Guardian of Matthew Homer and of the Estate of Matthew Horner. TAX PARCEL/MAp 21 0318, PARCEL 046. THE PAT, RIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general 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 ............ ,,~-- ~"~"~'~'.' .................... CO PY Sworn to n~Y~ll~,~a~ibed before ~ 3/~th ~daY My Commission Ex,okes June 6, 2006 I NOTARY PUBLIC Memb~-.Pennsy~var~aAssocia~onO~No*a~es My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA, 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 597.60 $ 1.75 $ 599.35 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. .U, LI HOmer his 1/2001 2ot~y Let~rs of 21-03~8; PARCEL