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HomeMy WebLinkAbout03-0886FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff VS. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 03 - CUMBERLAND COUNTY AMY L. FRANK BRIAN C. FRANK 443 NORTH 2ND STREET WORMLEYSBURG, PA 17043 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED v~rILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #:0020773727 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: AURORA LOAN SERVICES, INC. 601 5TH AVENUE SCOTTSBLUFF, NE 69361 2. The name(s) and last known address(es) of the Defendant(s) are: AMY L. FRANK BRIAN C. FRANK 443 NORTH 2ND STREET WORMLEYSBURG, PA 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 5/31/96 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to SIGNET MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1323, Page 794. By Assignment of Mortgage recorded 12/20/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 633, Page 969. 4. The premises subject to said mortgage is described as attached. o The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2002 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest 07/01/2002 through 02/26/2003 (Per Diem $15.30) Attorney' s Fees Cumulative Late Charges 05/31/1996 to 02/01/2003 Cost of Suit and Title Search Subtotal $64,803.30 3,687.30 1,250.00 140.62 $ 550.00 $ 70,431.22 Escrow Credit 0.00 Deficit 227.34 Subtotal $ 227.34 TOTAL $ 70,658.56 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 70,658.56, together with interest from 02/26/2003 at the rate of $15.30 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. By: F~iK ~E/F;~n~f SASH, ~SQ~UiRE ' LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL THAT CL~11TAIN lot o£1and situate in the Borough o~'~/orrnleysburE, County of Cumberland ~d Sta~ .fP=nnsylvani~ mo~ pa~icul~ly bounded ~d d~dbed ~ follo~: BECI~G ut ~e point of inte~ecfion of ~e e~e~ linc of Second S~eet ~d the line ar adjoiner betwccn Lo~ Nos. 101 and I02 on ill= here~r ~ention~ PI~ oiLo~; ~ence Noah ~1 dc~ 45 m nut~ ~ by s~d line oF~o~ ~d p~ly by ~o c~t~r lino ora partition wall 148.16 fi et to a point; ~ce No~h 66 deE~cs 0g minutes ~t 1.90 fcet w~tcm line of ~iv~ S ~r~t; ~cnce So~ 3~ de~ I ~ minu~s ~ by ~ ~stem line ~iver S~eci ~4.53 f~t ~ a point; ~cnc~ Sou~ 51 dcE~s 43 minutes W~I by th~ no.em linc of Lot Ho. 100 1~0 f~: to ~e ~ ~no ofS~ond S~I; ~No~ ~l de.cs 1~ minut=s W~t by ~c ~em 1~ ofSccond S~ct ~ f~t to ~c pain( and placo B~iNG pa~ oi Lot Ho. 1Ol on Plan Ho. 3 of~t~icr, ss ~corded in ~e Cumberland County Rcco~er's Ofli~ in PI~ Book 1, Pa~e 71. IIAVING THII~ON E~ED fl~e southern ha[~ofa tw~ sto~ double brick and fi~me dwcllin~ ~o~ as 443 Ho~h Second Slre~t. BEING ~ s~e p~mis~s which Mild~d N. Ooho, slnEle p~on, by h~ dc~ datcd PREMISES 0~ 443 NORTH 2ND STREET' VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court ancL/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 undersig-ned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unswom falsification to authorities. DATE: Francis S. Hallinan, Esquire Attorney for Plaintiff ~ SHERIFF'S RETURN - REGULAR CASE NO: 2003-00886 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS FRANK AMY L ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FRANK AMY L the DEFENDANT at 443 NORTH 2ND STRET , at 1747:00 HOURS, on the 7th day of March WORMLEYSBURG, PA 17043 ROBERT CURAN by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE , 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this /~ day of ,?~.A/6~ [o~0~ A.D. - p oth~no~ary - So Answers: R. Thomas Kline 03/10/2003 FEDERMAN & PHELAN By: Deputy Sheriff · SHERIFF'S RETURN - REGULAR CASE NO: 2003-00886 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTP~ATI VS FRANK AMY L ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FRANK BRIAN C the DEFENDANT at 443 NORTH 2ND STRET , at 1747:00 HOURS, on the 7th day of March WORMLEYSBURG, PA 17043 ROBERT CURAN by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE , 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this f~ day of ~~._ .0~0~ A.D. ~ ~1 P~otho~ot~ry /I So Answers: R. ~hom~ ~1 i~ 03/10/2003 FEDERMAN & PHELAN FEDERMANAND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215)563-7000 Attorney MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs. AMY L. FRANK BRIAN C. FRANK Defendants : COURT OF COMMON CIVIL DIVISION : Cumberland Cour : No. 03-886 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORI TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgag, with reference to the above captioned matter. or Plaintiff .ty PLEAS ,~CLOSURE Foreclosure Date: April 3, 2003 SHERIFF'S RETURN - REGULAR CASE NO: 2003-00886 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS FRANK AMY L ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FRANK BRIAN C the DEFENDANT at 218A E MAIN STREET , at 1907:00 HOURS, on the 6th day of May MECHANICSBURG, PA 17055 by handing to BRIAN C FRANK a true and attested copy of COMPLAINT - MORT FORE together with , 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this /2~ day of ~~~. ~76%~3 A.D. / Pr~Ch6notar~ ! So Answers: R. Thomas Kline 05 / 07/2003 ~L~~,~~ FEDERMAN & PHELAN By: ~' ~eputy Sheriff/ FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, AMY L. FRANK BRIAN C. FRANK CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-886 Defendant(s). : PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against AMY L. FRANK and BRIAN C. FRANK, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 2/26/03 to 6/10/03 TOTAL $70,658.56 $1,606.50 $72,265.06 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROeHY _~ ~° , FEDERMAN AND PHELAN. LLP F1LA. NrK FEDER_MAN, ESQ.. Id. No. 12248 LAW1LENCE T. PHELAN, ESQ, Id. No, 32227 F1La. NCIS S. HALLINAN. ESQ., Id. No. 62695 ONE PENN CENTER PLAZA. SUITE 1400 PHILADELPHIA. PA I9103 (215~ %%7000 MORTGAGE SYSTEMS, ]N'C. ELECTRONIC Plamnff REGISTIL&TION VS. ,advlY L. FiL4NK BRJAN C. FIL&NK Defendants ATTOILNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION CL.%IBEPd. AND COL.'NTY NO. 03-886 CIVIL TER3, i TO: BRIAN C. F1L&NK 218 A EAST MAIN STREET MECHANICSBURG. PA 17055 DATE OF NOTICE: MAY 28. 2003 THIS FII~M IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENE TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PUT, POSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENTORCEMENT OF LIEN AGAINST PROPERTY. I~IPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the clamas set forth against you. Unless you act within ten (I0) days fi.om the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other u'nportant fights. You should take this notice to a lawyer at once. If you do not have a la;vyer or cannot afford one, go to or telephone the following office to f'md out where you can get legal help: CUNm.ERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FIL*NK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE F1La*NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff · FEDERMAN AND PHELAN, LLP FRANK FEDEKMAN, 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 (2lq) q6'L7000 MORTGAGE ELECTRONIC SYSTEMS. INC. Plaintiff REGISTRATION &.MY L. FRANK BRIAN C. FRANK Defendants ATTORNEY FOR PLAIt'TIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COL.~TY : NO. 03-886 CIVIL TEPd',I TO: AMY L. FRANK 218 A EAST MAIN STREET MECHANICSBURG, PA 17055 DATE OF NOTICE: MAV 2g. 200t THIS FIILM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SEiX~'F TO YOU IN AN A1TEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND &,NY iNTORaMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORT aNT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days fi.om the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other UnPortant rights. You should take th/s notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to f'md out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~"~--.'""Z FRANK FEDEtLMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FKANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff · FEDERMAN AND PHELAN. LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENLN CENTER PLAZA. SUITE 1400 PHILADELPHIA, PA 19103 (21% %~.vO00 MORTGAGE ELECTRONIC SYSTEMS, INC. Plaintiff REGISTRATION Vs. AMY L. FRANK BRIAN C. FRANK Del'Endants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CL.'MBERLAND COUNTY : NO. 03-886 CIVIL TERM TO: BRIAN C. FRANK 443 NORTH 2ND STREET WORNILEYSBURG, PA 17043 DATE OF NOTICE: MAY 2~. 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN' AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INTORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU I-L-kVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the corox your defenses or objections to the claims set forth against you. Unless you act within ten (I0) days fi.om the date oft/tis notice, a Judgment may be entered against you ~vithout a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to Fred out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE A~lomeys for Plaintiff FEDERMAN AND PHELAN, LLP FtL*NK FEDERMAN. ESQ. Id. No. 12248 · LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FILANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (21% MORTGAGE ELECTRONIC SYSTEMS. INC. Plaintiff REGISTILATION AMY L. FP~ANK BILIAN C. FRANK Del~ndants ATTO1L\'Ey FOR PLAINTIFF : COLRTOF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COL ~"NTY : NO. 03-886 CIVIL TEILM TO: AMY L. FR.~NK 443 NORTH 2ND STREET WORMLEYSBURG, PA 17043 DATE OF NOTICE: MAY 2R 200'I THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU iN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, .&ND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PUT, POSE.IF YOU ELAVE PREVIOUSLY RECEIVED A DISCHARGE iN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOLI, D NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICI~ You are in default because you have failed to enter a ~witten appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days fi.om the date of tiffs notice, a Judgment may be entered against you without a hearing and you may lose your property or other hnportant rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the tbllowint office to Fred out where you can get legal help: ~ CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDEPuMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDEP,_MAN AND PHELAN. LLP FIL4NK FEDEILMAN, ESQ.. Id. No, 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S, HALLIN'AN. ESQ., Id. No. 62695 ONE PEN~' CENTER PLAZA. SUITE 1400 PHILADELPHLk, PA 19103 £21% MORTGAGE ELECTRONIC SYSTEMS. EN'C Plaintiff P-ZGISTR-{TION AMY L. FR.ANK BRbkN C. FP,_z, NK Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION CUMB ERLANT) COUNTY NO. 03-886 CIVIL TEK¥I TO: AMT L. FRANK I207 ROCKLEDGE DRIVE CARLISLE. PA 17013 DATE OF NOTICE: M&¥ 20. 2003 THIS FI1Cvl IS A DEBT COLLECTOR ATTEMPTIN'G TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN- AN' ATTEMPT TO COLLECT THE INT)EBTEDNESS REFERRED TO HEKEIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TI'L-kT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRJESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTE:V~PT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. You are in default because you have failed to enter a ua-it'ten appearance personally or by attorney and file in writing with the cou~t your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this nonce, a Judgment may be entered against you without a hearing and you rmy lose your property or other ' ortant should take this notice to a tawver at once Ifvou do nat h. , 1 llIIp rigllks. You office to fred out where you can get legal help: ' -- x e a ,awyer or cannot afford one, go to or telephone the followmg CUM~ EP,_LAND COUNTy CUMBERLAND COUS'TI'y BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 7~2---,~----x._ _ ¢,~ FRANK FEDEtCvlAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP 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 (21':;) MORTGAGE ELECTRONIC SYSTEMS, 1NC. Plaintiff REGISTI~{TION Vs. AMY L. FILkNK BRIAN C. FRANK Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CU'MBERLAxND COUNTY : NO. 03-886 CIVIL TERM TO: BRIAN C. FRANK 1207 ROCKLEDGE DRIVE CARLISLE, PA 17013 DATE OF NOTICE: MAY 28. 200:1 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PU2>,POSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE .IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLy AS ENFORCEMENT OF LIEN AGAINST PROPERTY. You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act w/thru ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may iose your property or other maPortant rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTy BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 1'215) 563-7000 MORTGAGE ELECTRONIC REGISTRATI ON SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 AMY L. FRANK BRIAN C. FRANK Plaintifl~ Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-886 yERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomev for the Plaintiff in the above-captioned matter, and that on information and'belief, he has knowledge df the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant AMY L. FRANK is over 18 years of age and resides at, 443 NORTH 2ND STREET, WORMLEYSBURG, PA 17043. (c) that defendant BRIAN C. FRANK is over 18 years of age, and resides at, 218 A EAST MAIN STREET, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~'RANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, AMY L. FRANK BRIAN C. FRANK Defendant(s). No. 03-886 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 6/10/03 to DECEMBER 10, 2003 (per diem -$I 1.88) TOTAL $72,265.06 $2,174.04 and Costs $74,539.10 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 - 1814 Attorney for Plaintiff Note: Please attach description of property. No. ~tate of Pe~sylva~ia, more Particu~l ' orough of " - '~ lot Of/and ~lt~ate ~n ~e B~ ~GINNING at th~ - . Y bounded and deo~ vetWeen Lo~ ~r "~ point of iht .... minutes E~t ~.os.. i01 and 102 ~'.a~ffa°n or the Ea ..... =~s. '"~,~na and point; ~e,o= ~ said line of . ~,, me hereina~e oter~ hne of Seco South ~o ~*~ ~Orth 66 de~- adj?ner and -a-~- ~ menhoned Pla- ~ 9 Street and t~ ,. 51 a~°= Uegrees 15 m;....s~5es ~5 minure[ ~o ay the center ,:~" ~ ~o~; thence ~/'=fine of adjoins. ~rees 4~ -. ,,,utes ka~, k o ~ast I on ~ Street..[ ~ minutes m~ ~ o, oy the We~, .-u feet to th~ ,,, - vart~aon w~- , - ' uegrees 4s .~. ', mence Nort~ .~" ~st oy the No-[ °'~m line of m- 2''~ ~estern lin~ ~ ~" ~ ~8.16 fee~. - vumt and place or ~ JJ degrees 15 -- ?em hne of Lot ~7e57reef 24.53 ~y.ot ~wer Street..~' ~o a * oegl~ing, minutes West h,~ .~ ,,u. 1 O0 150 leo- - ,~ct to a POint. th~ , mence ~ me Eastern lin~ - o, Oecond Street ,~efifSec°nd ~ reef to the en ,.,,,, cuzaoeth Acri-~owen (form~--. ,- C. , her husband husband and wife dated 5/31/1996 and recorded 6/3/1996, in Deed Book 140, Page 364~ ..... ,--y runown as Elizabeth A. Acri), by Tax Parcel #19~1588-086A FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIc REGISTRATION SYSTEMS, INC. Plaintiff; AMy L. FRANK BRIAN C. FRANK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY' COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-886 C~ERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION ~sYSTEMS, INC. Plaintiff, AMY L. FRANK BRIAN C. FRANK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-886 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS~ INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~443 NORTH_ 2ND STREET~ WORMLEYSBURG~ PA 17043 · 1. Name and address of Owner(s) or reputed Owner(s): Last Known Address (if address cannot be Name reasonably ascertained, please indicate) AMY L. FRANK 443 NORTH 2ND STREET WORMLEYSBURG, PA 17043 BRIAN C. FRANK 218 A EAST MAIN STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgrnent is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name U.S BANK NATIONAL ASSOCIATION THE UNITED STATES OF AMERICA, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Last Known Address (if address cannot be reasonably ascertained, please indicate) 180 EAST 5TM STREET ST. PAUL, MN 55101 52 CORPORATE CIRCLE EAST, SUITE 3214 ALBANY, NY 12203-5121 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestlc Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 443 NORTH 2ND STREET WORMLEYSBURG, PA 17043 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. June 10 2003 DATE RANK FEDERMAN, EsQUirE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, AMY L. FRANK BRIAN C. FRANK Defendant(s). TO: AMY L. FRANK 443 NORTH 2ND STREET WORMLEYSBURG, PA 17043 CUMBERLAND COUNTY No. 03-886 June 17, 2003 BRIAN C. FRANK 218 A EAST MAIN STREET MECHANICSBURG, PA 17055 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at ~ 443 NORTH 2ND STREET~ WORMLEYSBURG~ PA 17043~ is scheduled to be sold at the Sheriffs Sale on DECEMBER 10 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $72~265.06 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS~ INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIIfg"S SALE DOES TAKE PLACE.. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. YOU may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAVOfER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of Wormleysburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at the point of intersection of the Eastern line of Second Street and the line of adjoiner between Lots Nos. 101 and 102 on the hereinafter mentioned Plan of Lots; thence North 51 degrees 45 minutes East by said line of adjoiner and partly by the center line of a partition wall 148.16 feet to a point; thence North 66 degrees 05 minutes East 1.90 feet to the Western line of River Street; thence South 38 degrees 15 minutes East by the Western line of River Street 24.53 feet to a point; thence South 51 degrees 45 minutes West by the Northern line of Lot No. 100 150 feet to the Eastern line of Second gtreet; thence North 38 degrees 15 minutes West by the Eastern line of Second Street 25 feet to the ~oint and place of beginning. TITLE TO SAID PREMISES IS VESTED In Amy L. Frank and Brian C. Frank, her husband by ~eed from Larry T, Bowen and Elizabeth Acxi-Bowen (formerly known as Elizabeth A. Acri), husband and wife dated 5/31/1996 and recorded 6/3/1996, in Deed Book 140, Page Tax Parcel #19-1588-086A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-886 Civil cOUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND cOUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From AMY L. FRANK AND BRIAN C. FRANK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION · (2) You arealso directed t° attach the pr°perry °f the defendant(s) n°t levied up°n in the p°ssessiun of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any proper~ of the defendant (s) or otherwise disposing thereof; . · (3) Ifpropertyof the defendant(s) n°t levied up°n an subject t° attachment as f°und m the p°ssessaun of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $72,265.06 L.L. $.50 Interest FROM 6/10/03 TO 12/10/03 (PER DIEM - $11.88) - $2,174.04 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $171.25 Other Costs Plaintiff Paid Date: JUNE 19, 2003 (Seal) CURTIS R. LONG Prothonot~,t~ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 FISHER AUTO PARTS, INC. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-01682 CIVIL TERM BIG DOG AUTO SALES, 1NC. Trading and Doing: CIVIL DIVISION - LAW Business As CARTOWNE SERVICE CENTER Defendant TO: PROTHONOTARY, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE FOR DEFAULT JUDGMENT Enter judgment in favor of Plaintiff and against Defendant(s) BIG DOG AUTO SALES, INC. Trading and Doing Business As CARTOWNE SERVICE CENTER, named for failure to file within the required time an Answer to the Complaint in the above-captioned ease and assess the Plaintiff's damages as follows: Amount claimed in Plaintiff's Complaint $9,031.27 Interest from January l, 2003 at the rate of 1 ~% per month $745.03 Total $9,776.30 It is hereby certified that a written notice of intention to file this Praceipe was mailed to the Defendant(s) and his attorney of record, after the default occurred and at least ten (10) days prior to the date of the filing of this Praceipe. See Exhibits A & B attached. KNUPP, KOD~MIXlB~, P.C. Robert D. Kodak, Attorney for Plaintiff' DATED: wi Judgment entered and damages assessed as above. Prothonotary Robert L Knupp Robert D. Kodak Gary J. Imblum Of Counsel Mark Ao Mateya LAW OFFICES OF KNUPP, KODAK & ~MBLUM, P.C. CAMERON MANSION 407 NORTH FRONT STREET POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 Telephone: 7171238-7159 Facsimile: 7171238-7158 email: kkLlaw~erizon.net May 12, 2003 FIL £ (1909-1976) Robert H. Maurer (1923-1998) BIG DOG AUTO SALES INC T/A & D/B/A CARTOWNE SERVICE CENTER 1073 HARRISBURG PIKE CARLISLE PA 17013 RE: VS: Fisher Auto Parts, Inc. Big Dog Auto Sales, Inc. Trading As and Doing Business As Cartowne Service Center No. 2003-01682 Civil Term, Court of Common Pleas Cumberland County, Pennsylvania Our File No. 29156 Greetings: In accordance with Pennsylvania Rules of Civil Procedure 237.1, we are enclosing herewith a Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the Complaint filed against you to the above term and number, nor has any attorney entered an appearance on your behalf. Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office of the Prothonotary of Cumberland County to enter Judgment against you in the amount as set forth in said Complaint. Very truly yours, KNUPP, KODAK & IMBLUM, P.C. RDK/kqb enclosure CC: MELODY KNAUB MGR FISHER AUTO PARTS INC 174 YORK ROAD CARLISLE PA 17013 Robert D. Kodak, Esq. #158990 FISHER AUTO PARTS, 1NC. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2003-01682 CIVIL BIG DOG AUTO SALES, INC. Trading and Doing: CIVIL DIVISION - LAW Business As CARTOWNE SERVICE CENTER Defendant IMPORTANT NOTICE TO: BIG DOG AUTO SALES~ INC. Trading and Doing Business As CARTOWNE SERVICE CENTER. Defendant(s) DATE OF NOTICE: MAY 12, 2003 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO EN'I~R A WRH-IEN APPEARANCE PERSONALLY OR BY ATrORNEYAND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS~SET FORTH AGAINST YOU. UNLESS YOU ACT WHHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU C.AN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 NOTICIA IMPORTANTE A: BIG DOG AUTO SALES, INC. Trading and Doing Business As CARTOWNE SERVICE CENTER. Demandado(s) FECHA DE NOTICIA: MAY 12, 2003 USTED NO HA COMPLIDO CON EL AVISO ENTERIOR PORQUE HA FALTADO EN TOM_AR MEDIDAS REQUERIDS RESPECTO A ESTE CASE. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE LIN FALLO SEIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA y USTED PODRIA PEP, DER SU PROPJEDAD O OSTROS DERECHOS IMPORTAN'rES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO 'I1ENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AYUDA LEGAC: CUMBERLAND COUNTY BAR ASSOCIATION C) FISHER AUTO PARTS, INC. Plaintiff BIG DOG AUTO SALES, INC. Trading and Doing Business As CARTOWNE SERVICE CENTER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-01682 CML TERM : CIVIL DMSION - LAW To BIG DOG AUTO SALES, 1NC. Trading and Doing Business As CARTOWNE SERVICE CENTER, Defendant(s) You are hereby notified that on -,._)Lt~O~:_ I 0° ,20_D.~the following (Judgment) has been entered against you in the above-captioned case. Judgment entered in the amount of $77,929.88. Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: BIG DOG AUTO SALES INC T/A/D/B/A CARTOWNE SERVICE CENTER 1073 HARRISBURG PIKE CARLISLE PA 17013 A/ BIG DOG AUTO SALES, INC. Trading and Doing Business As CARTOWNE SERVICE CENTER, Defendido/a Defendidos/as Por este medio se le esta notificando que el de del 20_, el/la siguiente(Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. Protonotario Certificao que la siguiente direccion es la del defendido/a segun indicada en el cetificado de residencia: BIG DOG AUTO SALES INC T/A/D/B/A CARTOWNE SERVICE CENTER 1073 HARRISBURG PIKE CARLISLE PA 17013 Abogado del Demandante PLAINTIFF DEFENDANT(S) SERVE AT AFFIDAVIT OF SERVICE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. BRIAN C. FRANK CUMBERLAND COUNTY KMD No. 03-886 ACCT. #0020773727 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 3, 2003 SERVED · Defendant, on the Served and made known to ~q~'Y F/~a~og- 25~,p dayof ~ ,20~, at 75 30 ,o'clock~.m.,at q~3 W, 2~0 5~. ~Ot~C~S~W~6i~ [70~ ,Co~onwealth of Pe~ylvania, ~ the ~er &scribed below: ~ Defend~t personally se~ed. ~ Adult fa~ly member wi~ ~vhom Defendant(s) reside(s). Relatio~Np is ~ Adult N charge of Defendant(s)'s residence who reused to give name or relatiomhip. ~ ManageffClerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defen~t(s)'s office or usual place of business. an officer of said Defendant(s)'s company. O~er: Description: Age fro Height 5 t $ u Weight [& Race ~ Sex ~ Other , a competent adult, berg duly sworn according to law, d~ose and state that I personally h~ded a ~e and co~ect copy of the Notice of SheriWs Sale in the manner as set forth herein, issued in the captioned case on the date ~d at the address indicated above. [ t Sworn to ~d subscribed ~, befor~ me t~s ~ day of~ ~ ,200~ ~'~~~ PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SER~CE ATTEMPTED. NOTSERVED On tn, ____ day of 200 , at __ Moved .___ Unknown No Answer o'clock __.in., Defendant NOT FOUND because: Vacant I~ Attempt:.. / / Time: 3rd Attempt: / / Time: Attempt: / / Time: Sworn to and subscribed before me this __ day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 PLAINTIFF DEFENDANT(S) SERVE AT AFFIDAVIT OF SERVICE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AMY L. FRANK CUMBERLAND COUNTY No. 03-886 ACCT. #0020773727 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2003 SERVED , Defendant, on the ~"~ gp' Served and made known to ,200~_,at 7:O'~ ,o'clock~_.m.,at , Commonwealth of Pennsylvania, in the manner described below: ~,~ Defendant personally served. __ Adult family member with whom Defendant(s) reside(s). Relationship is 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 ~'{L,~ Height.~'O" Weight ~.O,~ Race L'J Sex ~ Other I, G [ ~. (~VX ~C..~[¢J , 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 in the manner as set forth herein, issued in the captioned case on the date and at t~ aaaress Sworn to and subscn~bed / Ca,ale Bom, Cumbmlana Coun~ / before me this ~ ~'t~day of ~ 0 ~__~_~, 200~'~ F~ PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. dayof ~ V J~l ~"' 11055 NOT SERVED On the __ day of ,200__, at __ Moved. Unknown No Answer ]st Attempt: / / Time: : o'clock __.m., Defendant NOT FOUND because: Vacant 2"d Attempt: / / Time: 3rd Attempt: / / Time: : Sworn m andsubscr~ed be~re me this day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSN'LVAN1A MORTf;AGE ELECTRONIC REGISqRATION SYSTEMS, INC. VS. AMY L. FRANK BRIAN C. FRANI< AFF ) CIVIL ACTION ) ) CIVIL DIVISION ) NO. 03-886 COMMONWEAL~ 7H OF PENNSYLVANIA COUNq ¥ OF CUI~ {BERLAND ) ) SS: 1, FRANK ] REGISTRATION 20~2003 true and c of mailing to tine re :EDERMAN, ESQUIRE attorney for MORTGAGE ELECTRONIC SYSTEMS~ INC. hereby verify that on June 16, 2003 & October >rrect copies of the Notice of Sheriff's sale were served by certificate :orded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: October 31, 2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff iDAVIT OF SERVICE PURSUANT TO RULE 3129 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 October 30, 2003 Office of the ProthOnotary CUMBERLAND (~ounty Courthouse 1 MORTGA(3E ELECTRONIC REGISTRATION SYSTEMS, INC. v. AM Y LI FRANK and BRIAN C. FRANK CUMBERLAND County, No. 03-886 Dear Sir, Please file tl~e enclosed AMENDED affidavit(s) in reference to the above captioned matter(s). Kindly return the attorney copy(s) in the self addressed stamped envelope that has b~en provided for your convenience. Thank you 'or your cooperation. Yours truly, Rac~he L. Allmom: for Federman and 'helan CC: Sheriff's O 'rice of CUMBERLAND County MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, IN(?. Plaintiff, AMY L. FRANK BRIAN C. FRANK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-886 AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) / MORTGAGE ELECTRONIC REGISTRATION SYSTEMS~ INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQU ll~E,~ets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real propert ' located at ~443 NORTH 2ND STREET~ WORMLEYSBURG~ PA 17043. 1. Name and address of O~ Name ~ner(s) or reputed Owner(s): Last Known Address (if address cannot be reasonably ascertained, please indicate) AMY L. FRANK BRIAN C. FRANK 2. Name and address o£D~fendant(s) in the judgment: 443 NORTH 2ND STREET WORMLEYSBURG, PA 17043 218 A EAST MAIN STREET MECHANICSBURG, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be Sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Adthess (if address cannot be reasonably ascertained, please indicate) U.S BANK NATIONAL ASSOCIATION 180 EAST 5TM S'rREET ST. PAUL, MN 55101 THE UNITED STATES OF AMERICA, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 52 CORPORATE CIRCLE EAST, SUITE 3214 ALBANY, NY 12203-5121 IRWIN UNION BANK & rFRUST COMPANY 500 WASHINGTON STREET COLUMBUS, IN 47201 5. Name and address ofevl Name None 6. Name and address ofew the sale. Name ry other person who has any record lien on the property: Last Known Address (if address cannot be reasonably ascertained, please indicate) ry other person who has any record interest in the property and whose interest may be affected by Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who bas any interest in the property may be affected by the sale~ Name Tenant/Occupant Domestic Relations of Co Commonwealth of Proms' Department of Welfare I verify that the stateme~ and belief. I understand th unsworn falsification to au nberland County lvania Last Known Address (if address cannot be reasonably ascertained, please indicate) 443 NORTH 2ND STREET WORMLEYSBURG, PA 17043 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 October 30, 2003 DATE which s made in this affidavit are tree and correct to the best of my personal knowledge or information : false statements herein are made subject to the penalties oil8 Pa. C.S. Sec. 4904 relating tO torities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~ · $ ,-,.=,,, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Aurora Loan Set is the grantee the same having been sold to said grantee on the 10th day of Dec A.D., 2003, under and by virtue of a writ Execution issued on the 19th day of June, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 886, at the suit of Mortgage Electronic systems inc against Amy L Frank & Brian C Frank is duly recorded in Sheriff's Deed Book No. 261, Page 1699. IN TESTIMONY WHEREOF, I have hereunto set my hand eal of said office this c~?~-~ day of ~ , A.D2004 (~ ~x~~ec~°r~dee~ °f Dr~ ~:de~,e~, Mortgage Electronic Registration Systems, Inc. VS Amy L. Frank and Brian C. Frank In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-886 Civil Term Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on September 08, 2003 at 2:52 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Amy L. Frank, by making known unto Amy Frank, personally, at 443 North 2nd Street, Wormleysburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on September 04, 2003 at 10:27 o'clock AM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Brian C. Frank, by making known unto Brian Frank, personally, at 218 A East Main Street, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on October 9, 2003 at 6:05 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Amy L. Frank and Brian C. Frank located at 443 North 2nd Street, Wormleysburg, 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: Amy L. Frank, by regular mail to her last known address of 443 North 2nd Street, Wormleysburg, PA 17043. This letter was mailed under the date of October 6, 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: Brian C. Frank, by regular mail to his last known address of 218 A East Main Street, Mechanicsburg, PA 17055. This letter was mailed under the date of October 6, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 10, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $35,000.00 to Attorney Frank Federman for Aurora Loan Services, Inc. It being the highest bid and best price received for the same, Aurora Loan Services, Inc. of 601 5th Avenue, Scottsbluff, NE 69361, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $5,000.00, representing costs. Sherifgs Costs: Docketing $30.00 Poundage 700.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 28.98 Levy 15.00 Surcharge 30.00 Law Journal 246.80 Patriot News 263.20 Share of Bills 28.90 Distribution of Proceeds 25.00 Sherift~s Deed 39.50 $1478.88 Sworn and subscribed to before me This 2 3~tday o ~ 2004, ^.D. ~ ~ ~, q4 ff'rbthonotary So Answers: R. Thomas Khne, Sheriff SCHEDULE OF DISTRIBUTION SALE NO. 03 Date Filed: January 9, 2004 Writ No. 2003-886 Civil Term Mortgage Electronic Registration Systems, Inc. VS Amy L. Frank and Brian C. Frank 443 North 2nd Street Wormleysburg, PA 17043 Sale Date: Buyer: Bid Price: December 10, 2003 Aurora Loan Services, Inc. $35,000.00 Real Debt: $72,265.06 Interest: 2,174.04 Attorney Costs: 171.25 Total: $74,610.35 DISTRIBUTION: Receipts: Cash on account (07/28/03): $1,500.00 Cash on account (12/10/03): 3,500.00 Credit Writ 2003-886: 30,000.00 Total Receipts: $35,000.00 Disbursements: Sheriff's Costs Legal Search Borough of Wormleysburg Attorney Federman Credit Writ 2003-886 $ 1,478.88 200.00 87.17 3,233.95 30,000.00 Total Disbursements: Balance for distribution: ($35,000.00) 0.00 So Answers: R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 3 Held Wednesday,December 10, 2003 Date: December 10, 2003 TAXES: Receipts for all taxes for the years 2000 to 2002 inclusive. Taxes for the current year 2003. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , , and recorded , in Cumberland County Deed Book , Page RECITAL: Being the same premises which Larry T. Bowen and Elizabeth Acri-B0wen, formerly Elizabeth A. Acti, by deed dated May 31, 1996 and recorded June 3, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book 140, Page 364 granted and conveyed to Amy L. Frank and Brian C. Frank, husband and wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbeds of Second Street and River Street. 6. Conditions, easements and restrictions shown on or set forth on the Plan for Edgewater, recorded in Plan Book 1, page 71. 7. Rights in party wall forming a portion of the property line for the subject premises. 8. Mortgage in the amount of $68,800.00 given by Amy L. Frank and Brian C. Frank to Signet Mortgage Corporation dated May 31, 1996 and recorded June 3, 1996 in 10. 11. 12. 13. 14. Mortgage Book 1323 Page 794. Said mortgage was assigned to First Union National Bank by instrument recorded in Miscellaneous Record Book 594, Page 23. Said mortgage was further assigned to Mortgage Electronic Registration Systems, Inc. by instrument recorded December 20, 1999 in Miscellaneous Record Book 633, Page 969. Complaint in mortgage foreclosure filed by Mortgage Electronic Registration Systems, Inc. as Plaintiff against Amy L. Frank and Brian C. Frank as Defendants in the Office of the Prothonotary of Cumberland County on February 27, 2003 to File No. 2003-886. Judgment in the amount of $72.265.06 entered June 19, 2003.. Mortgage in the amount of $21,486.00 given by Amy L. Frank and Brian C. Frank to TMS Mortgage, Inc. dated November 17, 1998 and recorded November 20, 1998 in Mortgage Book 1499, Page 194.. Said mortgage was assigned to US Bank, N.A. by instrument recorded May 20, 2002 in Miscellaneous Record Book 687, Page 1592.. Mortgage in the amount of $5,000.00 given by Amy L. Frank and Brian C. Frank to TMS Mortgage, Inc. dated March 8, 1999 recorded April 7, 1999 in Mortgage Book 1532, Page 374. Said mortgage was assigned to the Department of Housing and Urban Development by instrument recorded February 15, 2001 in Miscellaneous Record Book 666, Page 854. Mortgage in the amount of $11,000.00 given by Amy L. Frank and Brian C. Frank to Irwin Union Bank and Trust Company dated October 23, 1999 recorded November 18, 1999 in Mortgage Book 1582, Page 1074. Rights granted to Wormleysburg Municipal Authority by instrument recorded January 7, 1966 in Miscellaneous Record Book 173, Page 119. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff's sale. Satisfactory evidence to be produced that the advertisement of the property for sale is satisfactory in spite of the absence of any reference to the improvements on the subject property. 15. Real estate taxes accruing on and after January 1, 2004 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. Note: Thi~ Title Report shall not be vali~r binding until countersigned by an authorized signatory. REAL ESTATE SALE NO. 3 Writ No. 2003-886 Civil Mortgage Electronic Registration Systems, Inc. V$, Amy L. Frank and Brian C. Frank Atty.: Frank Federman DESCRIPTION ALL THAT CERTAIN lot of land situate in the Boroug,h of Wormleys- burg, County of Cumberland and State of Penasylvan/a, more pa~icu- larly bounded and described as fol- lows: BEGINNING at the point of tersection of the Eastern line of Sec- ond Street and the line of adjoiner between Lots Nos. I01 and 102 on the hereinafter mentioned Plan of Lots; thence North 5i degrees 45 minutes East by said line of adJoiner and partly by the center line of a partition wall i48.16 feet to a point; thence North 66 degrees 05 min- utes East 1.90 feet to the Western line of River Street; thence South 38 degrees 15 minutes East by the Western line of River Street 24.53 feet to a point; thence South 51 degrees 45 minutes West by the ~o~-thern line of Lot No. 100 150 feet to the Eastern line of Second Street; thence North 38 degrees 15 minutes West by the Eastern tine of Second Street 25 feet to the point and place of beginning. TITLE TO SAID PREMISES IS VESTED IN Amy L. Frank and Brian C. Frank. her husband by Deed from Larry' T. Bowen and Elizabeth Acri-Bowen (formerly known as Elizabeth A. Acri], husband and wife dated 5/31/1996 and recorded 6/ 3/1996, in Deed Book 140, Page 364. Tax Parcel #I9-1588-086A. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regutar daily and/or Sunday/ Metro editions which appeared on the 28th day(s) of October and the 4th and 11th day(s) of November 2003. That neither he nor said Company is interested in the subject matter cf 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. CO PY Sworn t a(~ubs~r',bed bofor~'~.~ie~is 19_th day o/V/No.ve/r~2003 A.D. SA,.,.,3 Tern~ L~ Ru, s,~J, Noisy pu~ ~.pennaCv.anW ~aoem~:~Ofl',~m~i~Y 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 Total $ 263.20 Publisher's Receipt for Advertising Cost )., publisher of The Patriot-News and The Sundev Patriot-News, newspapers of general ge receipt of the aforesaid notice and publication costs and certifies that the same have 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: OCTOBER 17, 24, 31, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO, 3 Writ No. 2003~886 Civil Mortgage Electronic Registration Systems. Inc. VS. Amy L. Frank ai~d Brian C. Frank Atty.: Fraxtk Fedemian DESCRIPTION ALL THAT CERTAIN lot of la~d situate in the Borough of Worraleys- burg, County or' Cumberlat~d and State of Pennsylvania. more partleu larly bounded ~xr~d described as roi- BEGINNING at the point of in- tersection of the Eastern line of Sec ond Street and the line of adjoffter betWeen Lots Nos. 101 and 102 on the hereinafter mentioned Plan of Lots; thence North 51 degrees 45 minutes East by sa~d line of adjoiner and partly By the center line of a partition wall 148.16 feet to a poknt: SWORNq?O AND SUBSCRIBED before me this 31 .day of OCTOBER, 2003 NOTARIN- SEAL LOIS E. SNYDER, Not~ Public Carlisle 6~o, Cumbe~an~ Oounty t~ Commis~ E~l~s Ma~h 5, 2005 partition wall I48, 16 feet to a point; thence North 66 degrees 05 min utes East 1.90 t~et to the Western line of River Street: thence South 38 degrees 15 minutes East by the Western line of River Street 24.53 feet to a point; thence South 5I degrees 45 minutes West by the Northern line of Lot No. 100 150 lket ~o the Eastern line of Second Street: thence North 38 degrees 15 minutes West by the Eastern line of Second Street 25 lket to the point and place of beginning. TITLE TO SAID PREMISES IS VESTED tN Amy L. Frar~k and Brian C. Frank, her husband by Deed from Larry T. Bowen and Elizabeth Acri Bowen {formerly known as Elizabeth A. Acri), husband and witk dated 5/31/1996 a~d recorded 6/ 3/1996. in Deed Book 140, Page 364. Tax parcel #19-1588 086A.