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HomeMy WebLinkAbout03-1698FEDERMAN 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 19i03 (215) 563-7000 WM SPECIALTY MORTGAGE, LLC 505 SOUTH MAIN STREET ORANGE, CA 92868 Plaintiff Vo ROBERTO A. ESPINOZA 2109 CEDAR RUN DRIVE, APT 102 CAMP HILL, PA 17011 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED VqILL 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 #: 0037390192 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 WM SPECIALTY MORTGAGE, LLC 505 SOUTH MAIN STREET ORANGE, CA 92868 The name(s) and last known address(es) of the Defendant(s) are: ROBERTO A. ESPINOZA 2109 CEDAR RUN DRIVE, APT 102 CAMP HILL, PA 17011 o who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 07/18/02 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No.1766, Page 1087. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 11/01/2002 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. The following amounts are due on the mortgage: Principal Balance Interest 10/01/2002 through 04/11/2003 (Per Diem $31.04) Attorney's Fees Cumulative Late Charges 07/18/2002 to 04/11/2003 Cost of Suit and Title Search Subtotal $118,879.97 5,990.72 1,250.00 148.79 $ 550.00 $126,819.48 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $126,819.48 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 mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $126,819.48, together with interest from 04/11/2003 at the rate of $31.04 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. LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff .~='e ~ar~cularl¥ ~unded and ~cribc'~ as ~ollowe, 4, g ~nuc~o 30 aeco~ WoaC, a dldCance of 408.74 ~ecc f~om ~.~ Wes~ ~ o~ a ~5 ~c rod~u8 ~c ~ gouChw~o~ ~rno~ of I~~ Road ~nd GrooB D=tve; ~hen~ alon~ c~ wclcern I:aaC, a d~l=a~ce o~ ~05.30 ~ee= =~ a ~=; Chcn~e alo~ J'arc ct Section 1 Valley .IE mi~eg ~0 fec~ WesC, a d~c~ce og 7o ~cec ~o a ]~in= on the eao=eFn l~ne o~ f]a~, ~rCh O7 ~eo 13 ~iflu~es 30 se~ West, a I;roaa D=ive; =hence along the ~am~, Notch 82 de~r~o~ 4& ~ai~uCes 3Q eeconds ~eC, a dLs=~e o~ 70 fee= =o a point, PROPERTY ADDRESS: 1213 GROSS DRIVE VERIFICATION Rose C. Lara hereby states that she is the Foreclosure Processor for AMERIQUEST MORTGAGE COMPANY mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are tree and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. SHERIFF'S RETURN - REGULAR CASE NO: 2003-01698 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WM SPECIALTY MORTGAGE LLC VS ESPINOZA ROBERTO A 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 ESPINOZA ROBERTO A the DEFENDANT at 2109 CEDAR RUN DRIVE APT 102 , at 1318:00 HOURS, on the 16th day of April CAMP HILL, PA 17011 by handing to , 2003 ROBERTO A ESPINOZA a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 10 35 00 10 00 00 38 35 Sworn and Subscribed to before me this ~ day of ~7 o20u.3 A.D. ~othonotary So Answers: R. Thomas Kline 04/17/2003 FEDERMAN & PHELAN _ ~ 'Deputy 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 WM SPECIALTY MORTGAGE, LLC 505 SOUTH MAIN STREET ORANGE, CA 92868 Plaintiff, ROBERTO A. ESPINOZA Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1698 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against ROBERTO A. ESPINOZA and, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 4/11/03 to 6/6/03 TOTAL $126,819.48 $1,769.28 $128,588.76 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. ~f¢~ PRO PROTHY 0 FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (~1 ~;) 56q-7000 WM SPECIALTY MORTGAGE, LLC Attorney for Plaintiff : COURT OF COMMON PLEAS Plaintiff ROBERTO A. Defendant TO: : CIVIL DIVISION VS. : CUMBERIJ%/qD COUNTY ESPINOZA : NO. 03-1698 ROBERTO A. ESPINOZA 2109 CEDAR RUN DRIVE, CAMP HILL, PA 17011 APT 102 DATE OF NOTICE: MAY 15, 2003 ;IL£cO;? 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 TEAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE ~N ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN ~AINST PROPERTY. IMPORTANT You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIA. TION 2 LIBERTY AVENUE CAR. LISLE, PA 17013 (717) 249-3166 Attorney for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01698 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WM SPECIALTY MORTGAGE LLC VS ESPINOZA ROBERTO A 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 ESPINOZA ROBERTO A the DEFENDANT at 1318:00 HOURS, at 2109 CEDAR RUN DRIVE APT 102 CAMP HILL, PA 17011 ROBERTO A ESPINOZA on the 16th day of April 2003 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this day of Prothonotary So A~swers: R. Thomas Kline 04/17/2003 FEDERMAN~~~_?& PHELAN ~-- ' Deputy 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 WM SPECIALTY MORTGAGE, LLC 505 SOUTH MAIN STREET Plaintiff, ROBERTO A. ESPINOZA Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1698 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' ~and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ROBERTO A. ESPINOZA is over 18 years of age and resides at, 2109 CEDAR RUN DRIVE, APT 102, CAMP HILL, PA 17011 . This statement 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 C) C2 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WM SPECIALTY MORTGAGE, LLC Plaintiff, ROBERTO A. ESPINOZA Defendant(s). No. 03-1698 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 6/6/03 to SEPTEMBER 3, 2003 (per diem -$21.14) TOTAL $128,588.76 $1,881.46 and Costs $130,470.22 FRANK FEDERM,~, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN lot or piece of land situate ia the Borough of Meehaai¢Sbu:rg, CUmberland County, Pcnn.~ylvania more partictllafly boluKled and d~,~crihed as follows, m wit: BEGINNING at a point on the southern line of Gross Drive, said point being located and referenced, South 82 degrees 46 minutes 30 seconds West, a di~ance of 408.74 feet from the West end ora 25 foot radius at the southwest comer of Mulbeny Road and Gross Drive; r. benc~' along tire western line of Lot No. 9a, South 07 degr~ 13 minut~ 30 ~conds East, a distaac~ of 105.:50 feet to a point; thence along Part of Section I Vatloy S~am Estates, South 82 degr~s 46 minutes 30 ~ecorals West, a distance of 70 feet to a point on the east~n'n lin~ of Lot No. 7a; thence along the same, North 07 degre~ 13 inlnums 30 seconds We~t, a distance of 10:$.30 feet ~ a point on the southern line of Ca'oas Drive; thence along the same, North 8l degrees 46 minmea 30 seconds East, a distance of 70 feet to a point, the phee of beginning. BE[bIG Lot Ilo. 8a on SuMi~tisioa Plan of Pan of Section 1 and Subdi'visinn Plan of Section 2 of aa lZmal Plan of Valley Stream E~ates. which Plan is r~:orded in and for the Count>' of Cumberland in Plan Book 1.S, Pages 66 aM 67. HAVING thereor~ e~ected a dwelling blown and numbered as 1213 Gross Drive, Medumicsborg, P=nmylvania. TITLE TO SAID PREMISES IS VESTED IN Roberm A. Espinoza by De~ from Adam S. Y,.ramer and Elaine M. Kramcr, single persons dated 6/2/2000 alld recorded 6/612000 in Record Book 222, Page Tax Parcel #19-23-0569-038 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-1698 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WM SPECIALTY MORTGAGE, LL Plaintiff (s) From ROBERTO A. ESPINOZA, 2109 CEDAR RUN DRIVE, APT 102, CAM HILL PA 17011. (1) You are directed to lew upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 1213 GROSS DR., MECHANICSBLrRG PA 17055 (SEE LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fi.om paying any debt to or for the account of the defendant (s) and fi.om deliw:ring any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachraent is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $128,588.76 L.L. $.50 Interest 6/6/03 TO 9/3/03 ~ $21.14 PERDIEM -- $1,881.46 Due Prothy 1.00 Atty's Comm % Atty Paid $120.35 Plaintiff Paid Date: JUNE 11, 2003 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Other Costs CURTIS R. LONG Prothov, n.tary Address: ONE PENN CENTER ~ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400 PHILADELPIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 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 WM SPECIALTY MORTGAGE, LLC Plaintiff, ROBERTO A. ESPINOZA Defendant(s). ATTORNEY FOR PLAINTIFF CU3IBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1698 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WM SPECIALTY MORTGAGE, LLC Plaintiff, ROBERTO A. ESPINOZA Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1698 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WM SPECIALTY MORTGAGE~ LLC, 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 ~.1213 GROSS DRIVE~ MECHANICSBURG~ PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROBERTO A. ESPINOZA 2109 CEDAR RUN DRIVE, APT 102 CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 1213 GROSS DRWE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 6, 2003 DATE FRANK FEDE1LMAN, ESQU1RE Attorney for Plaintiff WM SPECIALTY MORTGAGE, LLC Plaintiff, ROBERTO A. ESPINOZA Defendant(s). TO: ROBERTO A. ESPINOZA 2109 CEDAR RUN DRIVE, APT 102 CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 03-1698 June 6, 2003 **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 PREV1OUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AYD SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF AIIEN AGAINST PROPERTY. ** Your house (real estate) at, 1213 GROSS DRIVEl MECHANICSBURG, PA 17055~ is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 3~ 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $128~588.76 obtained by WM SPECIALTY MORTGAGE~ LLC (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 SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You 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 LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE; CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN lot or piece of l',m~l situate La the Borough of MecgaMegburg. Cumberland County, Peansylvania more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern ILae of Gross Drive, said point being located ami referenced, South 82 degrees 46 minutes 30 se',,onds Weal, a ~ of 408.74 feet f?om the West end ufa 25 foot radius at the sou~west come~ of Malbeny Road and C~oss Drive; ~b.~nee along the western line of Lot No. ga, South 07 degrees 13 minnies 30 ~eonds East, a distam, e of 105,30 feet to a point; thence along Part of Section 1 Valley Stream Estates, South 82 degrees 46 minutes 50 seconds West, a distance of 70 feet to a poil}t o~1 the eaatero lire of Lot No. 7a; tl~ce along the stone, North 07 degrees 13 minutes 30 seconds West, a distance of 105.30 feet t~ a point on the .~oothem line of C-ross Drive; thence along the same, North 82 degrees 46 minutes 30 seconds East, a distar~e of 70 feet to a poil~t, the p 'lace of beginning. BEING Lot No. 8a on Subdivision Plan of Part of Sectioo 1 and Subdivision Plan of Section 2 of the P~mal Plan of Valley Stream E.s'tates, wlfieh Plan is recorded in and for ~e County of Cumberlaiad in Plan Book 1~, Pages 66 and 67. HAVING therco'a erected a dwelling lalown and nunthercd as 1213 ,Gross Drive, M~hanicsburg, pemrtsylvania. TITLE TO SAID PREMISES IS VESTED IN Roberm A. Etqainoza by Deed from Adam S. Kl'amer and ~aine M. Kran~er, single persona dated 6/2/2000 allfl recorded 6/6/2000 in Record Book 222, Page 880. Tax Parcel # 19.23-0569038 IN TRE coURT O1~ coMMON PLEAS OF CUMBERLAND coUNTY, PENNSYLVANIA WM SPECIALTY MORTGAGE, LLC VS. ROBERTO A. ESPINOZA ) CIVIL ACTION ) CIVIL DI¥ISION NO. 03-1698 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for W_W___.~M SPECIALTY. MORTGAGE LLC hereby verify that on June 10 2003 tree and correct copies of the Notice of Sheriff' s sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE:~ FRANK FEDERMAN, ESQU1RE Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Zieeler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which WM Specialty Mtg LLC is the grantee the same having been sold to said grantee on the 3rd day of S__ep_.! A.D., 2003, under and by virtue of a writ Execution issued on the 1 lth day of June, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 1698, at the suit of WM Specialty Mt~ LLC against Roberto A Espinoza is duly recorded in Sheriff's Deed Book No. 259, Page 4467. 1N TESTIMONY WHEREOF, I have hereunto set my hand 7-// and seal of said office this //~ day of ~ , A.D. 2003 /(~ ~Recorder of Deeds WM Specialty Mortgage, LLC VS Roberto A. Espinoza In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-1698 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Roberto A. Espinoza, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale, and Description as NOT FOUND, as to the defendant, Roberto A. Espinoza. Fifteen attempts at service were made, but no one answered the door. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 10, 2003 at 8:15 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 Roberto A. Espinoza located at 1213 Gross Drive, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 3, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $20,000.00 to Attorney Frank Federman for WM Specialty mortgage, LLC, without recourse. It being the highest bid and best price received for the same, WM Specialty Mortgage, LLC, without recourse of 505 South Main Street, Orange, CA 92868, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $3,500.00. Sheriffs Costs: Docketing $30.00 Poundage 400.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 22.08 Levy 15.00 Surcharge 20.00 Law Journal 288.65 Patriot News 207.19 Share of Bills Distribution of Proceeds Sheriffs Deed 28.90 25.00 39.50 $1147.82 Sworn and subscribed to before me So s s: ~,,~ This ;2,,7,~day of {.f'[9~ ~"~~ ~ R. Thomas Kline, Sheriff 2003, ^.D. 4_~,~_ ~. ~ ~-- ,,~ ~ 'Pfothonot~ BY t/{¢CSr}~L~L Real Estat~Deputy SCHEDULE OF DISTRIBUTION SALE NO. 67 Date Filed: October 3, 2003 Writ No. 2003-1698 Civil Term WM Specialty Mortgage LLC VS Roberto A. Espinoza 1213 Gross Drive Mechanicsburg, PA 17044 Sale Date: Buyer: Bid Price: September 3, 2003 WM Specialty Mortgage, LLC, without recourse $20,000.00 Real Debt: $128,588.76 Interest: 1,881.46 Attorney Costs: 120.35 Total: $130,590.57 DISTRIBUTION: Receipts: Cash on account (05/15/03): $1,500.00 Cash on account (09/03/03): 2,000.00 Credit Writ No. 2003-1698: 16,500.00 Total Receipts: $20,000.00 Disbursements: Shenft~s Costs Legal Search Mechanicsbttrg Borough Local Tax Collector, Ban'y Heckard Credit Writ No. 2003-1698 $ 1,147.82 200.00 629.67 1,522.51 16,500.00 Total Disbursements: Balance for distribution: ($20,000.00) 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. 67 Held Wednesday, September 3, 2003 Date: September 3, 2003 TAXES: Receipts for all taxes for the years 2000 to 2002 inclusive. Taxes for the current year 2003. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated 2003, and recorded 2003, in Cumberland County Deed Book , Page RECITAL: Being the same premises which William S. Kramer and Elaine M. Kramer single persons, by deed dated June 2, 2000 and recorded June 6, 2000 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book 222 Page 880, granted and conveyed to Roberto A. Espinoza. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of Gross Drive. Under and subject to conditions, easements, and restrictions contained on the Plan of part of Section I and Subdivision Plan of Section 2 of the Final Plan of Valley Stream Estates recorded in Plan Book 15, Page 66. Rights granted to Pennsylvania Power and Light Company by instruments recorded in Miscellaneous Record Book 190, Page 458. Miscellaneous Record Book 190, Page 456, Miscellaneous Record Book 187, Page 824 and Miscellaneous Record Book 56, Page 380. Mortgage in the amount of $119,000.00 given by Roberto A. Espinoza to Ameriquest Mortgage Company dated July 18, 2002 and recorded July 25, 2002 in Mortgage Book 1766 Page 1087. Said mortgage being assigned to W.M. Specialty Mortgage, LLC by instrument recorded May 14, 2003 in Mortgage Book 697 Page 1048. Complaint in mortgage foreclosure filed by W. M. Specialty Mortgage, LLC as Plaintiff against Roberto A. Espinoza as Defendant on April 14, 2003 in the Office of the Prothonotary of Cumberland County to file No. 2003-1698. Judgment in the amount of $128,588.76 entered June 11, 2003. Municipal lien filed by Mechanicsburg Borough as Plaintiff against Robert A. Espinoza as Defendant on August 12, 2003 in the Office of the Prothonotary of Cumberland County to file No. 2003-3921 in the amount of $284.52. 10. Satisfactory evidence to be produced that proper notice was given to the holders of ail liens and encumbrances intended to be divested by subject Sheriff's sale. 11. 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. REAL ESTATE SALE NO. 67 Writ No. 2003-1698 Civil WM Specialty Mortgage, LLC vs. Roberto A. Espinoza Atty.: Fra2'~k Federman ALL THAT CERTAIN lot or piece of land situate in the Borough of Mechanicsburg, Cumberland Coun- ty, Pennsylvania more pa2'ticularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Gross Drive, said point being located and referenced. South 82 degrees 46 minutes 30 seconds West, a distance of 408.74 feet from the West end of a 25 foot radius at the southwest comer of Mulberry Road and Gross Drive: thence along the western line of Lot No. 9a, South 07 degrees 13 min- utes 30 seconds East, a distance of 105.30 feet to a point; thence along Part of Section i Valley Stream Es- tates, South 82 degrees 46 minutes 30 seconds West, a distance of 70 feet to a point on the eastern line of Lot No. 7a; thence along the same, North 07 degrees 13 minutes 30 seconds West, a distance of 105.30 feet to a point on the southern line of Gross Drive; thence along the sm-ne, North 82 degrees 46 minutes 30 seconds East, a distance of 70 feet to a point, the place of begin- ning. BEING Lot No. 8a on Subdivi- sion Plan of Part of Section I and Subdivision Plan of Section 2 of the Final Plan of Valley Stream Estates, which Plan is recorded in and for the County of Cumberland in Plan Book 15, Pages 66 and 67. HAVING thereon erected a dweiI- ing known and numbered as i213 Gross Drive, Mechanicsburg, Penn- sylvania. TITLE TO SAID PREMISES IS VESTED IN Roberto A. Espinoza by Deed from Adam S. Kramer and Elaine M. Kramer, single persons dated 6/2/2000 and recorded 6/ 6/2000 in Record Book 222, Page 880. Tax Parcel #19-23-0569-038. WM SPECIALTY MORTGAGE, LLC Plaintiff, V. ROBERTO A. ESP1NOZA Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1698 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WM SPECIALTY MORTGAGE, LLC, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIILE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1213 GROSS DRIVE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROBERTO A. ESPINOZA 2109 CEDAR RUN DRIVE, APT 102 CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address caxmot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address caamot be reasonably ascertained, please indicate) TenanlIOccupant 1213 GROSS DRIVE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. June 6, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WM SPECIALTY MORTGAGE, LLC Plaintiff, ROBERTO A. ESP1NOZA Defendant(s). TO: ROBERTO A. ESPINOZA 2109 CEDAR RUN DRIVE, APT 102 CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 03-1698 June 6,2003 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY [NFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOTREAFFIRMED, THIS IS NOTAND SHOULD NOTBE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEB T, B UT ONLY ENFOR CEMENT OF ALIEN A GA1NST PR OPER TY * * Your house (real estate) at, 1213 GROSS DRIVE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 3, 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enfome the court judgment of $128,588.76 obtained by WM SPECIALTY MORTGAGE, LLC (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: L 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 SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid hy calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE~ PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN lot or piece of laud situate ia the Borough of Meehaniesbl,trg, Cumberland County, Pennsylvania more parlicularly bou]Med arid described as follows, to wit: BEGINNING at a l~Oint on the southern li~e of C-ross Drive, said point being I~at~ aM rcferen~d, So~ 82 degas ~ ~s 30 ~nda West, a ~ of 408.74 fog ~m ~ W~t end ora ~:us at ~ sou~w~a ~ of MM~y ~ad ~ ~o~ ~ve; ~e a~ ~ ~s~ 1~ of No. 9a, $ou~ 07 de~ 13 m~t~ 30 g~s Ea~, a ~ of 105,30 f~t to a ~int; t~ ~ong ~t of S~tion 1 V~y S~ ~m~s, Sou~ 82 de~ ~6 ~nutcs 30 ~o~ West. a ~ of 70 f~t to a ~J~t on ~ ~ lj~ of ~t No. 7g t~ge along ~e ~c, No~h 07 dc~ ~u~ ~ s~da W~ a dis~ of 105.30 f~et ~ a ~ on ~e so~ llne of ~ss D~c; · c~ ~ong t~c ~, No~ ~ de~ ~ m~cs 30 s<o~s ~, a dist~e of 70 ~ to a · e p~c of bcg~g. BEING Lot No. ga on Subdivision Plan of Pan of Section I and Subdivision Plan of Section 2 of the l'Oreal Plan of Va/Icy Stream Estates, v,'Mch Plan is recorded in and for ~e County of Cumberland Plan Book 15, Pages C~ and 67. HAVINO Caereoll el~ctecl a dw¢}li~4~ ltnown and numbered as 1213 Gross Drivc, M~hanicaburg, Pgn,'lsylvania. TITLE 'fO SAID PRFMISI~ 1$ V~STED IN Roberro A. F..spinoza by D~z~l from Adam Kramer and Elaine M. Kramer, single persoas dated 6/2/Z)00 and recorded 6f6/2000 in Book 222, Page 880. Tax Parcel #~9-23~0569.O38 WRIT OF EXECL~TION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-1698 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WM SPECIALTY MORTGAGE, LL Plaintiff (s) From ROBERT() A. ESPINOZA, 2109 CEDAR RUN DRIVE, APT 102, CAM HILL PA 17011. (1) You are directed to leW upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 1213 GROSS DR., MECHANICSBURG PA 17055 (SEE LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as lbllows: and to notify the garinshee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $128,588.76 L.L. $.50 Interest 6/6/03 TO 9/3/03 ~ $21.14 PERDIEM -- $1,881.46 Atty's Corem % Due Prothy 1.00 Atty Paid $120.35 Other Costs PlaintiffPaid Date: JUNE 11, 2003 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE CURTIS R. LONG Address: ONE PENN CENTER ~ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400 PHILADELPIA PA 19103-1814 Attorney for: PLAINTIFF Telcphunc: (215) 563-7000 Supreme Court ID No. 12248 Real Estate Sale # 67 On June 17, 2003 the sherifflevied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA known and numbered as 1213 Gross Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 17, 2003 Real Estate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Appmvad 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 CJty of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of July and the 5th day(s) of August 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S A L E #67 REAL ESTATE 8ALE !~. ~7 Wttt No. My ~ Ex,res Jtme 6. 2(E6 NOT~AR~P~E~LiC Member, Pe~sy~vantaAsaocia~eo Of No~aees 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 $ 205,44 $ 1.75 $ 207.19 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. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (UnderAct No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 18, 25, 2003 AUGUST 1, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. REAL F~TATE SALE NO. 67 Writ No. 2003-1698 Civil WM Specialty Mortgage. LLC VS. Roberto A. Espinoza Atty.: Frank Federman ALL TIfAT CERTAIN lot or piece of land situate in the Borough of Mechanicsburg, Cumberla~ad Coun- ty, Pennsylvania more particularly botmded and described as follows. to w~t: BEGINNING at a point on the southern line of Gross Drive. said point being located and relbrenced, South 82 degrees 46 minutes B0 seconds West. a distance of 408.74 feet from the West end of a 25 foot radius at the southwest corner of Mulberry Road and Gross Drive: SWORN TO AND SUBSCRIBED before me this 1 dayof AUGUST, 2003 LOiS E. ~d~'DER, I~lofl~ pub~ ~ I~,u, Cumbedand Coa~