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HomeMy WebLinkAbout01-5919LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN IDg 55669 44 SECOND STREET PIKE SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff RESIDENTIAL FUNDING 7575 HUNTINGTON PARK DRIVE HM 3122 COLUMBUS, OH 43235 PLAINTIFF VS. TRACY DAVID FOSTER 1775 KINGS ARM COURT NEW CUMBERLAND, PA 17070 DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. COMPLAINT IN MORTGAGE FORECLOSURE COMPLAINT - CIVIL ACTION NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense 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 NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 44 SECOND STREET PIKE SUITE 101 SOUTH~ON, PA 18966 (215) 942-9690 Attorney for Plaintiff RESIDENTIAL FUNDING 7575 HUNTINGTON PARK DRIVE HM 3122 COLUMBUS, OH 43235 PLAINTIFF VS. TRACY DAVID FOSTER 1775 KINGS ARM COURT NEW CUMBERLAND, PA 17070 DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION MORTGAGE FORECLOSURE 1. Residential Funding, (hereinafter referred to as "Plaintiff") is an Institution, conducting business under the Laws of the Commonwealth of Pennsylvania and brings this action to foreclosure the mortgage between Tracy David Foster, Mortgagor(s) (hereinafter referred to as "Defendant") and itself as Mortgagee by Assignment. Said Mortgage was dated February 28, 1997 and was recorded in the Office of the Recorder of Deeds and Mortgages in Cumberland County in Mortgage Book 1367, page 1114. A copy of the Mortgage is attached and made a part hereof as Exhibit 'A'. 2. The Mortgage is secured by Defendant(s) Note dated February 28, 1997 in the amount of $87,970.00 payable to Plaintiff in monthly installments with an initial interest rate of 5.625% (Adjustable Rate). 3. The land subject to the mortgage is: 1775 Kings Arm Court, New Cumberland, PA 17070. 4. The defendant(s), Tracy David Foster is/are the real owner(s) of the land subject to the mortgage and the Defendants' address is: 1775 Kings Arm Court, New Cumberland, PA 17070. 5. The Mortgage is now in default due to the failure of the Defendant(s) to make payments as they become due and owing. The following amounts are due: Principal Balance Interest to 9/14/2001 Accumulated Late Charges Attorney Fees/Costs TOTAL $84,344.57 4,736.10 500.86 3,700.00 $93,281.53 plus interest from 9/15/2001 at $18.02 per day, costs of suit and attorney fees. In accordance with the provisions of the Act of January 30, 1974, P.L. 13 No. 6, Section 403 (41 P.S. 403), a Notice of Intention to Foreclose is required and the Notice of Homeowners' Emergency Mortgage Assistance was sent to defendants July 3,2001. The Defendant(s) have not cured the default. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendant(s), in the sum of $93,281.53 together with the interest from 9/15/2001 at $18.02 per day, costs of suit and attorney fees. Law offices of Gregory Javardian / Att~ty ID No. 55669 AUG.-O3'Oi(FRI) 14:05 HUNTINGTON MORTGAGE COMPANY TEL:614 480 6987 ?.OOT/Olb THI~q NOTE CONTAIN8 pEOVIEIONE AkLOMNG FOR OHAHGEE IN MY INTER~IT RATE AND MY MOHTHI.y PAYMPNT. THIS NOTE liMIT8 THE AMOUNT MY AOGI/BTABLE tNTEAEIT mATE CAN CIM~NGE itt ANY ONE: TIME AND THE MAXIMUM RATE ! MUST PAY, Thio NOTE Al.iR CONTAINS The OFTION ~ DONYKRT MY AOJLIBTABLR IMTE TO A PIXBD Fibrulry Gl .19 67 GiMP NELL FA 1776 NINON NOgS COURT NON 0UEREflLAN[{. CtlNIRHLIND County, pa, 17070, 1. flOflROWg,tq'l PRCIMFOI TO PAY In r~um fix · Jo~ thit i hm~ lu:~vaL ! pmu~M ua J~y IJ.S. O RT,R7D.RO (dlii amount ii Ca1144 ~hldT~'), p4~ le4L'Te~, TO the mdf:r of tho T,md~. 'E3te Li0da is THO HUNTINGTON MOHTHAGM NONP&HY,'&N 0NED GORPOO&TEON' ! glldc~llmld thte [he lJIIdaf may IIIMrer dlh No~. Tb~ I.L~fllr Or Ml.y~m ~ ,.I.-- thee NOr~ by t1~Mfor nnd Stm bi erIlillJd la receive paymL-nl~ und~ Ibii Not~ Ii called lb: 'Nnm /. INTBRENT Int~[~[ .dll ~ c3arl~ on uapid pHl~pil umB ,kc ~1! ~ ce' pdnc~at his btm p),d. I vdll /my Inmra; at i yculy ram of M, flORa ,~. The Inr~ut Tam I will pr/ ird,y cbenls in iccaubn~t wilh kabn 4 or ,c of (hie Nato. 'fit. inier~ ate mqubed by lng Gordon 2 End Section 4 or 5 of chit Note ii dte zl~ ! wNI ply hath bryan t PAYMENTO ,' (A) TIrol iud Pla of Plyeclnti I will p~y pdncl.md ~ Imere~ by m~in3 0~ym~ll ~ month. Iwlll maka ~ mGnthl~ plymcnu onthe fimdq ofeec{T month b~jbmhl Mi. April 1st othtr chnvScs dtecTlhd, ia{ow d~it I In~ owe undo;' d~it Not. My m~mMy pa,/mmzu 'Mit bo applied m befog, prin=lpnl. If, on #lrcH 1 ~O27 ,I nil! owe amum under thio Nm, ! will ply anatolia itl ~JII on ~it W, which ii called 1he 'ma[udty I ~dtT mGk~ my monlhly payn~ it 7373 HUNTINGTON PARK helVE. OOLUNNflS, OHIO 432:15 ptg~ if IIq~Jl·d by 111o NQle Holder. or it a {O) Amount of My Inltllll Monthly Bach of ~, hitia] II~111h],y paym~fs wilJ be ht ih~ ~ of U,S, $ 606.41 · his (C) Monthly PW Ohm Chi·l· ks my monthly pay~ ,will reflect cbenlm In Ibe mqxdd pdl~dl)d of my loan mul in d~ rl~ 1bet I ·mt {may. TIle NQ~ Hold~ will dBimlalne ntY ~ hKmit ~a~ lad th~ chmmled ~ of uW me~thly p~ynt(~ in ,ecmdauee ~ Section 4 Gr5 of thio No~. 4. &[mJU~AB}.B NtT--r. NEET RA'EE K MOI411fl. Y PAYMENT OHANEE (A) CMnge Direr l~e adJutmble Ini~est nLte I ~dlt p~ may dten~c Qfl ll~ {ia day or NIrch ,1iiSI I~d ~ Olit day &q~'ry 12dt illth liTca~T~'r, leech dill off ~41ich my IdJuatahle lute:oil rate cou{d d~[~ la Railed (B) 11m Index Oql~nln~ v4~h lb fltlf Champ De(e, a~ of Juatebks ira=ut nM will be bemf on m IndoL Thc 'fedex' Is Ivalllbl~ I))' ~c Fcdor~ P.:m've BQord. Tha molt r~l Inde~ f'qum sv~Jlo u of tho dlec 45 dayl beh~ tach (:2~p Pate Ji n]bd thc '~'~u~l r~., If thc Ind~· li no IoM, K IviHible, tho ~qa(~ Nold4:r wtll ~ a mm, [ndGT ~bef ia tmecd tqx~ (C) c'd=Ullfllm of ~'hlngie v Ti# llld levln-liohth· Nc{bm Reel, t'nuge Date. Ibc N~ HGM~r will ~,{~ul~ ntv ~ Ifl~ n~ ~ ~"l ~-i~S), {~Jm m Ihe limlu I~ b ~ 4tO) ~w, ~{I ~M ~um will be ~ ~ h~[ mc AUG.-O3'OI(FRI) 14:05 HUNTINGTON MORTGAGE COMPANY TEL:614 480 69S7 F, oo~/ol~ AUG.-O3'Oi(FRI) 14:06 HUNTINGTON MORTGAGE COMPANY TEL:614 480 6987 P, 009/016 L BORRFIWER'8 FAII-URE TO PAY AID RlIOUIRBI3 (A) L.m C:hl~l~ fro' Ov~rdut (B) COl ~ of ~ No Wl~ By No~ ~r Ufllm ~e ~e Rold~ ~ul~ a ~ ~, ~ uatin ~ ~at h II~ lo ~. Nm RoMa It OI~ON8 OF PEMONS ~tR ~18 'N~ 12. ~HIFDRM 6~CUR~ N~ AUG.-OS'OI(FRI) 14:06 HUNTINGTON MORTGAGE COMPANY TEL:614 480 6987 P. OlO/Oi~ [sl~ o~nal Only] poem $S08 'l~illlllll 1, $USAII N&lmP~ I~111¥~, COLUlllliUS., m~ttG 41235 ' THE b'WITXNETOK NOKTGiG~ TXE RIMT%NGiTOK NO~V~'GAI;E COKpAHY,'AN 0iIxa ~PDR~TX~A 11?S KXKGS ARKS ~URT , HEY CUNBERL~N~, PA 17670 pug COVe- In C~ ~m~m. ' Bo~ ~ ~mp~ pay, when a~, ~, (m ~ ~, ~ ~t the ~ or ma ~ ~ ~.~'~t' ~'~-~% ~ ~" ~,o ~ m~ ~o,~ ~,, ,-,,,, AUG~-O3'OiIFRI) 14:04 HUNTINGTON MORTGAGE COMPANY TEL:614 480 6987 tunt!ngton Cmpany .A~KNDZX A the' ~de~ lnten~a to £o~e~oae. HpeeiEic in£o~m~t~on abo~t the n~Cv~e o~ ~he de~au~t ~n provided ~n the.a~tached p~ee. to mare youF homo. ~h:Lp ~o~iae explein/ boy r~e ~og~am wo~ks. ~ou when ~ou nme~ wi,th t. he Counsel:Lng' Ac~'anc¥. .e~mg y~u~ County ace Z~a~ed a~ ~he end oE ~h.4.. Na~e, Z£ you ..have any ~ueet~oner you ~7 call ~he Pennsylvania ~ous~ng Finance A~ency toll ~=ee ac 1-800-342-2397. (Paraon, with impaired hearing can call cell [717} 780-18E9). PROPERTY ADDRESe~ LeAR ACCT. NO.: 359744-0 XC0?3/DLS AUG.-O$'OI(FRI) 14:04 HUNTINGTON MORTGAGE COMPANY CII~RENT LENDER/SERVI~E~: HUntington Mortqaqe Company TEL:614 480 6987 P. 003/015 ,$ Hunhngten McoOfleege mpany YOU MAY BH ELxqIBL~ FOR FINANCIAL ASSISTAI~CE ~ItTC~ ~ BAVE YOUR NONE FROM FOR~CLOBURE A~D ~ELP YO~ MAKE ~E MORTGA~ PA%'MENTS. IF YOU COMPLY WITH THE PROVISIONS OF T~E HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE A~T OF 1983 (THE uACT"), YOU MAY BE ELIGZ~LE FOR EHERGENCY MORTGAGE A~gISTANC~: IF YOUR DEFAULT ~ BEEN CAUSED BY CIRC~MSTI~NCES BEYOND YOUR CONTROL~ IF YOU'MAVE A. REASONABLE PROSPECT OF BEINQ A~LE TO PAY · YOI~RMORT~AGE ~AYMENTS~ AND BY THE PERI~SYLV~d~iA HOUBING FINANCE AQENCY. TEMPORARY STAY OF FORECLOS~ -- ~der the Ac2, you are entitled to a temporary ~Cay of foreclosure on your ~r~gage ~or Chtr~ (30) ~ys co~ael~g agenc~ea lie~ad a~ ~e ~d o~ ~ia No~ioe. ~S ~TZN~ ~ST OCuu~ ~ ~ ~ ~ZR~ (30) ~YS. ~F Y~ DO NOT ~PLY FOR R~ ~RT~ ~IBT~f YO~ ~T BRZNQ YO~ ~R~Q~E ~ TO DATE. ~ P~T OF THIfl NOTICE ~D sHOW T0 =u~ YO~ ~RT~E DEFA~T~r ~NS HOW TO &RING YO~ MORSE ~ TO ,~TE, consumer credit couneslin~ agencies listed at thc end of this notice, the Lender may NOT t~ke action a~ain~t ~u for thirty (30) ~ya m~ter ~e and ~=a un.lo to resolve thin probl~ wl~ ~ha lender, ~u have ~en~ Mortgage ~eois=a~ce Proart. To do mo, you must ~111 out, XCO74/DLS/359744-O AUG.-O3'OI(FRI) 14:05 HUNTINGTON MORTGAGE COMPANY ,6, Tount!ngton engage mpany YOU .MUST FZLE YOU~ APPLZCAT~ON PROMPTLY. ZF YO~ FAZL TO DO SO OR IF YO~ DO NOT FOLLOW THE OTHER TIME PERZO~ ~ET FORTH IN TNZS LETTER, FOP. EGLO~U~E MAY PRO~R~ A~A~NST YO~ HOM~ IIOIEDIA~ELY AND YOUR APPLICATION FOR MOrTgAgE ASSISTANCE W~LL BE DENIED. .AGENCY ACTZON -- Available fun~s for am~r~nc~ mortgage assistance ara very limited. T~ey w~11 ~e ais~urs*d by the Agency under =he eligibili:y criteria established by the Act. The 9ennsylvania Housing Finance A~ency has sixty (60) days =o make a dec,sion after it receives your application. Durin9 that ~ima, no foreclosure proceedings will be pursue~ a~ains~ you if you have mac the time requirements set ~or~h above. You will be notified direc=ly by =he Pen~sylv~nia Kousing Finance A~ency O~ its decision on your aDpliua=ion. NOTE: IF YO~ A~E CU~J~RN~L¥ PROTECTED BY THE FILIN~ OF A PETITION IN B~P~CY, THE FOLLOW~NG PANT OF THZ~ NOTICE IS FOR ~OP](~TZON p~IRPOFlES ONLY AND SHO~ NOT BE CONSIDERED AS A~T ATTEMPT TO ~OLLECT T~ DE~T. HOW TO CURE YO~N MORTGAGE DEFAULT (Bring it up to data). NA~ OF THE DEFAULT -- The MORTQAGE debt hold by ~he okays lender an your prop&r~ located a~ 17~5 K.'Ln~B Arms Cour~ New Cumberlan~ PA 17070 You HAVE NOT MA~E MONTHLY MORTGAGE PAYMENTS for ~he ~nchof Monthl~ ine~alLmencn TOTALING: $ 5,142,44 AocUmulatad late cha~ea of~ ~ 438,04 Accumulato~ NSF ahaak Fees of: $ 98.79 Proper~¥ inapeation and other fees o~: $ ~0.70 TOTAL AMOUNT PAST DUE~ XC075/DLS/359744-0 AUG,-03'01(FRI) ~:05 HUNTINGTON MORTGAGE COMPANY TEL:614 480 6987 page 4 B. YOU ~AVE FAILED TO TAKE THE FOLLOWIN~ ACTION: NOT APPLICA~LE ROW TO ~ THE D~FA~LT -- You may cure the default w~thin THIRTY {30) DAYS cf tho date of Chis no,ice RY PAYING T~E TOT~ ~ P~T D~ TO The Hunting~on Mortgage C~pan¥ Attention: Collections H1~124 Coleus, OH 4~2~-561B You can cure any ct~.er default b~ taking the following acting within ?, OO~/Ol6 unt!ngton omgage Company IF YOU DO NOT ~URE TH~ D~FAULT -- ~f you do not mute ~hn default within THIRTY (30) DAYS of the date c~ chin Notion, the lender l~Cends to the intern cu~et&ndin~ balance of this debt will bi considered dun immediately and you may 1cae =ho chance to pay the ~rtga~e in m~nthl7 inetallamnta. If full pa~msn~ of the ~otal ~.--.~unb past due ia not made within THIRTY (30) DAYS, the lender also intends Co instruct its ~roDcrt~. ~F THE MORTGAGE xs FORE.CLOSED UPON -- The mertg&ged proparcy w~11 b~ ~our case to its attorneys, but you cure the dnlin~uency before the ~o pay the reasonable attorney's fees chat wire actually incu~rnd, up to $SO.O0, However, ~f ln~al procsedin~s are started a~ainnh ~u, yo~ tm ~he amount you ~we ~he lender, which may alee include ocher re&seeable RXG~T TO ~u~E THE DEFAULT PRIOR TO ~nTFF,S ~r.~ ._ X~ yOu have not cured the default W~hin the THIRTY (30) ~AY period ~nd foro~losure proemedln~s have begun, ~ou stall hav~ the right ~o c~e bhe defa~]~ XC076/DLS/2S9744-0 AUG.-OYOI(~RI) 14:05 TEb:614 480 59B7 r. UUb/Ulb HUNTINGTON MORTGAGE OOMPANY --SE~,12,200t 2;31PM GREGORY JAVARDIAN, ESQUIRE NO. 682 P, 4 VERIFICATION Thc undersigned hereby states thai th~ s~tS made in the foregoing pleading ar~ tree and correct to th8 best of his/her knowleclg~, information and belief. The under~:,iga-ied understands that the statements therein ~ made subject to the penalties of 18 ps.C.$. Se.~tton 4904, ~ating to unswom falsification to authorities, SHERIFF'S RETURN - CASE NO: 2001-05919 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RESIDENTIAL FUNDING VS FOSTER TRACY DAVID OUT OF COUNTY R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: FOSTER TRACY DAVID but was unable to locate Him in his bailiwick. deputized the sheriff of YORK County, serve the within COMPLAINT - MORT FORE *'1775 KINGS ARM COURT NEW CUMBERLAND IS VACANT. He therefore Pennsylvania, to On November 5th , 2001 attached return from YORK this office was in receipt of the Sheriff's Costs: Docketing Out of County Surcharge Mileage Dep York Co 18.00 9.00 10.00 11.70 32.42 81.12 ii/05/200i GREGORY JAVARDIAN R. omas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~ day of -~. ~ A.D. 7- ~ Prothonotary COUNTY OFYORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ Residential Funding 3. DEFENDANT/S/ Tracy David Foster SERVICE CALL (717) 771-9601 2. COURT NUMBER 01-5919 civil 4. ~YPE OF WRIT OR COMPLAINT Notice &Ccmplaint in Mortgage Foreclosure SERVE s. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. Tracy David Foster 6. ADDRESS (STREET OR RFO V~TH BOX NUMBER, APT NO., CITY, BORO, TWP., STATE AND ZIP CODE) AT 6510 Old Carlisle Road Dover, PA 17315-2110 7. INDICATE SERVICE: r~ PERSONAL ~ PERSON IN CHARGE X~ DEPUTIZE [~ CERT. MA~L [3 1ST CLASS MAJL ~ POSTED {;;} OTHER ^ 1 C~nbS~2~id NOW October 23,york ,20u I, SHERIFF OF ~ COUNTY=.PA~Io hereby de/t;)~i"/~_, he sheriff of __ __ COUNTY to execute...,~,~w~.~e~.u,~t,.,a,~!~-~se.~t~l~rding to law. This depufization being made at the request and risk of the plaintiff. 7 - 7 - .' SHERIFF OF~III~ COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland ADVANCE FEE PAID BYA TTY NOTE: ONLY APPUCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN. Any deputy sher~ levying upg~ or attaching any property undo' within w~t may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the pan of such deputy o~ the sheriff to any p~stntJff herein to~ any loss, destruction, or removal of any propacty before shedffs sale thereof. 9. TY~;;~ .~:~OR~ .ORIGINATOR a.d SIGNATURE 44 SECOND STR~b'I' PIKE, STE. 101, SOUTHAMPTON, PA 18966 10. TELEPHONE NUMBER 11 DATE FILED (215) 942-9690 10/12/01 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must he completed if ~0tice is to he mailed). CUMBERIAND COUS~fY SHERIFF 13. I acknowledge receipt of thewrit 14. DATE RECEIVED I 15. Expiration/Hearing Date Or compioint as inciicated above. J.LUDWIG 10/24/01 I 11/11/01 16. HOW SERVED: PERSONAL~ RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFFICE~/~ OTHER ( ) SEE REMARKS BELOW f.. ,o ,=to ,nd,v,pu ,, pany. n... "--.) 18. ~ AND TITJ,~IN~3UAL ,.~D~ADDRESS HERE IF NOT SHOWN ABOVE Relationship to Defendant) t 9. Da~ of S~ndce I 20. Time of Se~ce 21.ATTEMPTS ,l~Q~.~/les. itaLia[Date Time N~es tnt. Date Time Miles Int. Date ~me Miles Iht Date Time Miles Int. Oate Time Miles Int 22. REMARKS: 23. Advance Co,ts 24. Sen~ice Costs 25. Nh= 26. Mileage [27. s.oo IIz .42 I 30 SO ANS~k~cRS 41. AFFIRMED and subscripad to hefore me this I 44 S' nature 42 .,yof OCTOBER 20 ...... I - -ul=lm [ ~!ILLIAM ~. HOSE .~~ I r,~. ,~,v~..,~ ....... nt- ~"* I 48. S,gnatureo~Fo~e~n 49. DATE J51. DATE RECEIVED 1. WHITE-IssuingAuthedty 2. PINK-Attorney 3. DAN~.RV-Sherifl'sOffice 4. OLUE-SherifrsOffiGe LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 Industrial Boulevard 1st Floor, Suitel01 SOUTHAMPTON, PA 18966 (215) 942-9690 RESIDENTIAL FUNDING 7575 HUNTINGTON PARK DRIVE, HM 3122 COLUMBUS, OH 43235 VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 01-5919 CIVIL TRACY DAVID FOSTER 6510 OLD CARLISLE ROAD DOVER, PA 17315-2110 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against TRACY DAVID FOSTER, 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 9/15/01 to 1/2/02 $93,281.53 1, 964.18 TOTAL $95,245.71 Damages are hereby assessed as indicated. DATE: ~ 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. ~ttorney ~fi/Pla'lntiff P~O~ ~ ~ RESIDENTIAL FUNDING Plaintiff V. TRACY DAVID FOSTER Defendants In The Court of Common Pleas Cumberland County No. 01-5919 CIVIL TO: TRACY DAVID FOSTER 1775 KINGS ARM COURT NEW CUMBERLAND, PA 17070 DATE OF NOTICE: 12/3/01 TRACY DAVID FOSTER 6510 OLD CARLISLE ROAD DOVER, PA 17315-2110 NOTICE, RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to enter a wtitten appearance personally or by attorney and file in writing with the court your defenses or objections to the claims se 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 heating and you may lose your property or other important tights. 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 Bar Asso~t~on Lawyer Reference/g'e~i~ ~_ ~ 2 Liberty Avenue/"~>"~/~- Carlisle, PA 17/t~J~B ~ ~/ (717) 249-3166 Gregory Javardian, Esquire 1310 Industrial Boulevard 1st Foor, Suite 101 Southampton, PA 18966 (215) 942-9690 Attorney for Plaintiff Usted se encuentra en estado de rebeldia por no haber tomado la accion requiida de su parte en este caso. A1 no tomar la accion debida dentro de un termino de diez (10) dias de esta notificacion, el tribunal podra, sin necesidad de compararecer usted en corte o escuchar prueba alguna, dictar sentencia en su contra, usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatemente si usted no tiene abogado, o si no tiene dinero suficiente para tal servicio, vaya en persona o llame pot telpfono a la oficina, cuya direccion se encuentra esctita abajo para avetiguar donde se puede conseguir assistencia legal. "NOTICE PURSUANT TO FAIR DEBT COl J.ECTION PRACTICES ACT THIS IS AN ATTEMPT TO COl .l .ECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 Industrial Boulevard 1st Floor, Suitel01 SOUTHAMPTON, PA 18966 (215) 942-9690 RESIDENTIAL FUNDING VS. TRACY DAVD FOSTER COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 01-5919 CIVIL VERIFICATION OF NON-MILITARY SERVICE GREGORY JAVARDIAN, 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) Defendant(s), TRACY DAVD FOSTER, 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) Defendant, TRACY DAVD FOSTER, is over 18 years of age, and resides at 6510 OLD CARLISLE ROAD, DOVER, PA 17315-2110. (c) Plaintiff, RESDENTIAL FUNDING, is an institution conducing business under the Laws of the Commonwealth of Pennsylvania with an address of 7575 HUNTINGTON PARK DR1VE, HM 3122, COLUMBUS, OH 43235. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RESIDENTIAL FUNDING TRACY DAVID FOSTER COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 01-5919 CIVIL PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due Interest ~om 1/2/02 to Date of Sale ~ $15.65 per diem Subtota~ ~Costs to he added) $95,245.71 rmv for ~fintiff vard 1st Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 ,~,L T~-IAT CERTAIN lot or parcel of land situate in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, said point being the following six courses and distances from Perimeter Coordinate 7 as shown on the As-Built Plan referenced herein: (1) by a curve to the right having a radius of 256.48 feet an arc distance of 359.96 feet to a point at the intersection of Capitol View Drive and the center line of Kings Arms Court; (2) along the centerllne of Kings Arms Court aforementioned North 45 degrees 21 minutes 15 seconds East a distan~ of 36.0 feet; (3) North 69 degrees 21 minutes, 15 seconds East a distance of 208.0 feet; (4) North 32 degass 21 minutes 15 seconds East a distance of 15.68 feet; (5) South 57 degrees 38 m/nutes 45 seconds East a distance of 83.0 feet; (6) North~32 degrees 21 minutes 15 seconds East a d/stance of 48.0 feet to a point on the dividing line between Lot 82 and Lot 83, said point being the point and place of BEGINNING; thence continuing along the said dividing line and passing through the ce~terline ofa partywall dividing Unit 82 and Unit 83 and beyond North 57 degrees 38 minutes 45 seconds West a distance of 30.0 feet to a point; theme North 32 degrees 21 minutes 15 seconds East a distance of 22.0 feet to a point on the dividing line between Lot 83 and Lot 84; thence conlntnlng along the said dividing line and passing through the centerline ora partywall dividing Unit 83 and Unit 84 South 57 degrees 38 minutes 45 seconds ~ a distance of 32.0 feet to a point; thence South 32 degrees 21 minutes 15 seconds West a distance of 22.0 feet to a point; thence North 57 degrees 38 minutes 45 seconds West a distance of 2.0 feet to the point and place of BEGINNING. BEING Lot No. 83 as shown on the Amended Final Plan of Hunter's Ridge recorded in Plan Book 58, Page 62, and as more particularly descn'bed on As-Built Plan of Section II, Hunter's Ridge, dated May 1, 1990, as recorded in Plan Book 60, Page 88. BEING known and numbered as 1775 Kings Arms Court. PARCEL NO. 13-25-0008-253. BEING the same premises which Judith L. Mercer, single person, by DccA dated February 28, 1997 and recorded in the Cumberland County Recorder of Deeds Office in Book 153, Page 1117, granted and conveyed unto Tracy David Foster, married person. UNDER AND SUBJECT, nevertheless, to easements, restrictions and other matters, if any, of record and which an inspection of the premises would disclose including (i) the Amended Final Plan for the planned residential development of Hunter's Ridge, recorded in Plan Book 58, page 62; (ii) the Declaration of Covenants, Conditions, Restrictions, and Easements for Hunter's Ridge recorded in Miscellaneous Book 365, Page 372 (the "Declaration"); and (iii) any amendments or modifications to the foregoing thereat~er made in accordance with the provisions of the Declaration. TOGETHER WITH the right to use any Limited Common Area appurtenant to the Lot being conveyed herein pursuant to the Declaration, the Amended Final Plan for Hunter's Ridge, the As-Built Plan referenced herein, and the Declaration of Ass~nment of Limited Common Areas for Hunder's Ridge dated May 10,1 990, and recorded in Miscellaneous Book 380, Page 519. RESIDENTIAL FUNDING VS. TRACY DAVID FOSTER COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 01-5919 CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~ COURT. NEW CUMBERLAND, PA 17070: I. Name and address of Owner(s) or reputed Owner(s): Nam~ TRACY DAVID FOSTER Last Known Address (if address cannot be reasonably ascertained, please indicate) 6510 OLD CARLISLE ROAD DOVER, PA 17315-2110 2. Name and address of Defendant(s) in the judgraent: TRACY DAVID FOSTER 6510 OLD CARLISLE ROAD DOVER, PA 17315-2110 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Nmlle Plaintifl~. Lo~t Known Address (if address cannot be reasonably ascertalnec[, please indicate) 19642 Club House Road Galthorsburg, MD 20879 5.. Nan~e. 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. Nltme Cumberland County Domestic Relations Last Known Address (if address cannot be reasonably ascertained, please indicate) 13 N. Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013-3387 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 Hunter's Ridge Homeowners' Association 122 Market Street, P.O. Box 1457 Harrisburg, PA 17105 7. Name and ~,4dress of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Last Known Address (if address cannot be reasonably ascertained, please indicate) 1775 KINGS ARMS COURT NEW CUMBERLAND, PA 17070 Spouse of Tracy David Foster 1775 Kings Arms Cour~ New Cumberland, PA 17070 Spouse of Tracy David Foster 6510 Old Carlisle Road Dover, PA 17315-2110 I verify that the statements made in this affidavit are tree and correct to the best of my knowledge, information and belief. I understamt that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. January I 1, 2002 LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD IST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942~9690 RESIDENTIAL FUNDING TRACY DAVID FOSTER COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 01-5919 CIVIL CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY AS TO THE SALE OF REAL ESTATE I hereby certify that I am the attorney for the Plainfiffin this Mortgage Foreclosure Action ( ) FHA ( ) Tenant Occupied ( ) Vacant ( ) Cortmaercial ( ) As a result of Complaint in Assmr~psit (X) Act 91 complied with G~t~Y/~/VARDIAN, ESQUIRE rne3~Vhintiff LAW OFFICES OF GREGORY JAVARDIAN By:. GREGORY JAVARDIAN, ESQUIRE IDENTtFiCATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 RESIDENTIAL FUNDING COURT OF COMMON PLEAS VS. CUMBERLAND COUNTY TRACY DAVID FOSTER No.: 01-5919 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: TRACY DAVID FOSTER 6510 OLD CARLISLE ROAD DOVER, PA 17315-2110 Your house (real estate) at 1775 KINGS ARMS COURT, NEW CUMBERLAND, PA 17070, is scheduled to be sold at Sheriffs Sale on JUNE 5, 2002 at I0:00 A.M., in the Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $95,245.71, obtained by RESIDENTIAL FUNDING, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TI-HS SHERIFF'S S^! 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) 942-9690. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, iftbe 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 OTBEI~ RIGHTS EVEN IF 'IHE SI:II~,RI~'If+S SALE DOES TAKE PLACE 1. Ifthe Sheriffs Sale is not stopped, your property will he sold to the highest bidder. You may find out the price bid by coiling (215) 942-9690. 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 Gregory Javardinn, Esquire at (215) 942-9690. 4. If the mount 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.. This schedule will state who will he receiving that money. The money will he 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. 7. You may also have other rights and defenses, or ways of getting your home hack, if you act ~iiimediately 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN lot or parcel of land situate in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvaula, more particularly bounded and described as follows, to wit: BEGINNING at a point, said point being the following six courses and distances from Perimeter coordinate 7 as shown on the As-Built Plan referenced herein: (1) by a curve to the right havin~ a radius of 256.48 feet an arc distance of 359.96 feet to a point at the intersection of Capitol View Drive and the center line of Kings Anm Court; (2) along the centerline of KinEs Amis court aforementioned North 45 degrees 21 minutes 15 seconds East a distance of 36.0 f~et; (3) North 69 degrees 21 minutes, 15 seconds East a distance of 208.0 feet; (4) North 32 degrees 21 minutes 15 seconds East a distance of 15.68 feet; (5) South 57 degrees 38 minutes 45 seconds East a distance of g3.0 feet; (6) North 32 degrees 21 minutes 15 seconds East a distance of 48.0 feet to a point on the dividing line between Lot 82 and Lot 83, said point being the point and place of BEGINNING; thence continuing along the said dividing line and passing through the centerline ofa partywall dividing Unit 82 and Unit 83 and beyond North 57 degrees 38 minutes 45 seconds West a distance of 30.0 feet to a point; thence North 32 degrees 21 minutes 15 seconds East a distance of 22.0 feet to a point on the dividing line between Lot 83 and Lot 84; thence conintuing along the said dividing line and passing through the centerline of a partywall dividing Unit 83 and Unit 84 South 57 degrees 38 minutes 45 seconds East a distance of 32.0 ~ to a point; thence South 32 degrees 21 minutes 15 seconds West a distance of 22.0 feet to a point; thence North 57 degrees 38 minutes 45 seconds West a distance of 2.0 f~et to the point and place of BEGINNING. BEING Lot No. 83 as shown on the Amended Final Plan of Hunter's Ridge recorded in Plan Book 58, Page 62, and as more particularly described on As-Built Plan of Section II, Hunter's Ridge, dated May I, 1990, as recorded in Plan Book 60, Page 88. BEING known and numbered as 1775 Kings Arms court. PARCEL NO. 13-25-0008-253. BEING the same premises which Judith L. Mercer, single person, by Deed dated February 28, 1997 and recorded in the Cumberland County Recorder of Deeds Office in Book 153, Page 1117, granted and conveyed unto Tracy David Foster, married person. UNDER AND SUBJECT, nevertheless, to easements, restrietious and other matters, if any, of record and which an impection of the premises would disclose including (i) the Amended Final Plan for the planned residential development of Hunter's Ridge, recorded in Plan Book 58, page 62; (ii) the Declaration of Covenants, conditions, Restrictions, and Easements for Hunter's Ridge recorded in Miscellaneous Book 365, Page 372 (the "Declaration"); and (iii) any amendments or modifications to the foregoing thereafter made in accordsnee with the previsions of the Declaration. TOGETHER WITH the right to use any Limited Common Area appurtenant to the LOt being conveyed herein pursuant to the Declaration, the Amended Final Plan for Hunter's Ridge, the As-Built Plan referenced berehq, and the Declaration of Assignment of Limited Common Areas for Hunder's Ridge dated May 10,1 990, and recorded in Miscellaneous Book 380, Page 519. RESIDENTIAL FUNDING VS. TRACY DAVID FOSTER COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 01-5919 CIVIL SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1775 KINGS ARMS COURT, NEW CUMBERLAND, PA 17070: 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) Lowell Latshaw, in his individual capacity 8 Tree Top Place and as Attorney-in-Fact for Helen H. Latshaw Black Mountain, NC 28711 Lowell Latshaw, in his individual capacity and as Attorney-in-Fact for Helen H. Latshaw c/o Brenda L. Gacki, Esquire 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 4. Name and address of last recorded holder of every mortgage of record: Nalne 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: NaiTle 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) Hunters Ridge Homeowners Association P.O. Box 454 New Cumberland, PA 17070 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) None. I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unswom falsification to authorities. March 6, 2002 Att~(l~y for Plaint~'~"ff~ LAW OFFICES OF GREGORY JAVARDIAN By:. GREGORY JAVARDIAN, ESQUIRE IDEN'illqCATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FL,OOR, SUITE 101 SOLrITIAMPTON, PA 18966 (215) 942-9690 RESIDENTIAL FUNDING vs. TRACY DAVID FOSTER COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 01-5919 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 I hereby certify that I have sent copies of the Notice of SheriffSale to the Defendants' certified and regular United States mail and all lien holders or judgment creditors of record as required by Pa.R.C.P. by first class United States mail, postage prepaid, on the date set forth below. (See attached Exhibit "A"). Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 TRACY DAVID FOSTER 65 I0 OLD CARLISLE ROAD DOVER, PA 17315-2110 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013-3387 American Lending Group, Inc. 19642 Club House Road Gaithersburg, MD 20879 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 Spouse of Tracy David Foster 6510 Old Carlisle Road Dover, PA 17315-2110 Tenants/Occupants 1775 KINGS ARMS COURT NEW CUMBERLAND, PA 17070 Spouse of Tracy David Foster 1775 Kings Arms Court New Cumberland, PA 17070 Hunter's Ridge Homeowners' Association 122 Market Street, P.O. Box 1457 Harrisburg, PA 17105 Hunters Ridge Homeowners Association P.O. Box 454 New Cumberland, PA 17070 Lowell Latshaw, in his individual capacity and as Attorney-in-Fact for Helen H. Latshaw 8 Tree Top Place Black Mountain, NC 28711 Lowell Latshaw, in his individual capacity and as Attorney-in-Fact for Helen H. Latshaw c/o Brenda L. Gacki, Esquire 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 Attorney for Plaintiff m ~l ~racv ~av±a ~os~er c:3I 6510 01d Carlisle Road ~ ~ent TO I .... Tenants/Occupants ~[ 1775 Rings Arms ~~t~, ~t,,~p~l~ew Cumberland, PA 17070 ........ J~uaryll, 2~2 NOTICE OF SHERIFF*S SALE OF REAL PROPERTY TO: ALL PARTIES IN INTEREST AND CLAIMANTS OWNER(S): TRACY DAVID FOSTER PLAINTIFF/SELLER: RESIDENTIAL FUNDING DEFENDANT(S): TRACY DAVID FOSTER PROPERTY: 1775 KINGS ARMS COURT NEW CUMBERLAND, PA 17070 CUMBERLAND C.C.P. NO. 01-5919 CIVIL The above captioned property is scheduled to be sold at Sheriffs Sale on JUNE 5. 2002 at 10:00 A.M.. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. You may hold a judgment on the property, which may be extinguished by the sale. You may wish to attend the Sheriff's Sale to protect your interest. A schedule of distribution will be filed by the Sheriffon a date specified by the Sheriffnot later than 30 days after sale. Distribution will be made in accordance with the schedule unless exc, eptiolls are flied thereto with~ 10 days after the ~ of the schedule. S -re , 1310 Industrial Boulevard 1st Floor, Suite 101 Southan~on, PA 18966 (215) 942-9690 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 Residential Funding Corp is the grantee the same having been sold to said grantee on the 5th day of June A.D., 2002, under and by virtue ora writ Execution issued on the 16th day of Jan, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 01 Number 5919, at the suit of Residential fundin_gg against Tracy Dvid Foster is duly recorded in Sheriff's Deed Book No. 252, Page 3725~. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /,9~day of~, A.D. 200~ ~/~ ~ ~~ RecorderofDeeds Residential Funding VS Tracy David Foster In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5919 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: Tracy David Foster, but was unable to locate him in his bailiwick. He therefore deputized the sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice and Description according to law. YORK COUNTY RETURN: Served defendant Tracy David Foster on February 13, 2002 at 2:30 o'clock PM, EST, by making known unto Tracy David Foster personally at The York County Sheriff's Office, 28 East Market Street, York, PA 17401 the contents of the Real Estate Sale Notice and Description and at the same time handing to him personally the said true and attested copy of the same. So answers: James V. Vangreen, acting sheriff for William M. Hose. YORK COUNTY RETURN: Served defendant Tracy David Foster on April 9, 2002 at 9:15 o'clock AM, EDST, by making known unto Tracy David Foster personally at The York Cotmty Sheriff's Office, 28 East Market Street, York, PA 17401 the contents of the Real Estate Writ of Execution and at the same time handing to him personally the said true and attested copy of the same. So answers: James V. Vangreen, acting sheriff for William M. Hose. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2002 at 2:52 o'clock P.M., E.S.T., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Tracy David Foster located at 1775 Kimgs Arms Court, New Cumberland, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says 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: Tracy David Foster, by regular mail to his last known address of 6510 Old Carlisle Road, Dover, PA 17315-2120. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5' 2002 at 10:00 o'clock A.M. He sold the same for the sum of $50,000.00 to Attorney Gregory Javardian for Residential Funding Corp. It being the highest bid and best price received for the same, Residential Funding Corp. of 7575 Huntington Park Drive, Columbus, OH 43235, being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of $2,388.07. SheriWs Costs: Docketing $30.00 Poundage 1000.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Service 11.73 Certified Mail 1.79 Levy 15.00 Surcharge 20.00 Out of County 9.00 Legal Search 200.00 Law Journal 544.40 Patriot News 404.95 Share of Bills 25.20 Distribution of Proceeds Sheriff's Deed 25.00 29.50 $2388.07 paid by attorney 07/05/02 Sworn and subscribed to before me So An~swe~: This .4o~?dayof ~)2..~  R. Thomas Kline, Sheriff 2002, A.D. Prothonotary Real Estate I~puty WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-5919 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due RESIDENTIAL FUNDING PLANTIFF(S) From TRACY DAVID FOSTER, 6510 OLD CARLISLE ROAD, DOVER, PA 17315-21 I0 (1) You are directed to levy upon the property of the defendant(s) and to sell SEE LEGAL DESCRIPTION (2) You are also directed to artach 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 garmshee(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 $95,245.71 Interest FROM 1/2/02 TO DATE OF SALE L.L. $.50 $I5.65 PER DIEM Atty's Comm % Atty Paid $153.12 Plaintiff Paid Date: JANUARY 16, 2002 REQUESTING PARTY: Name GREGORY JAVARDIAN, ESQ. Address: 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE I01 SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-9690 Supreme Court ID No. 55669 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary, Civil Division SCHEDULE OF DISTRIBUTION SALE NO. 16 Date Filed: July 5, 2002 Writ No. 2001-5919 Civil Term Residential Funding VS Tracy David Foster 1775 Kings Arms Court New Cumberland, PA 17070 Sale Date: Buyer: Bid Price: June 5, 2002 Residential Funding Corp. $50,000.00 Real Debt: $95,245.71 Interest: 2,410.10 Attorney Costs: 153.12 Tot~: $97,808.93 DISTRIBUTION Receipts: Cash on account (2/07/02): $1,000.00 Cash on account (5/24/02): 500.00 Cash on account (6/12/02): 888.07 Credit Writ: 47,611 93 Total Receipts: $50,000.00 Disbursements: To Sheriff's Costs: To Legal Search: Credit Writ: Total Disbursement: Balance for Distribution: $2,188.07 200.00 47,611.93 ($..5o,ooo.oo) 9.00 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. 16 Held Wednesday, June 5, 2002 Date: June 5, 2002 TAXES: Receipts for all taxes for the years 1999 to 2001 inclusive. Taxes for the current year 2002. 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 ,2002, and recorded ,2002, in Cumberland County Deed Book , Page RECITAL: BEING the same premises which Judith L. Mercer by deed dated February 28, 1997 and recorded March 4, 1997, in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book 153, Page 1117, granted and conveyed to Tracy David Foster, married person. 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. Rights in party walls which form a portion of the boundary line for the subject premises. 6. Building conditions and easements as shown on or set forth on the Plan for Hunter's Ridge recorded in Plan Book 58, Page 62. 7. Building and use restrictions as set forth in the Declaration of Covenants, Conditions, Restrictions and Easements for Hunter's Ridge recorded in Miscellaneous Record Book 365, Page 372. 8. Mortgage in the amount of $87,970.00 given by Tracy David Foster to the Huntington Mortgage Company dated February 28, 1997 recorded March 4, 1997 in the Office of the Recorder of Deeds in Mortgage Book 1367, Page 114. Assigned to Residential Funding Corporation by assignments of mortgage recorded in Miscellaneous Record Book 561, Page 51 and Miscellaneous Record Book 641, Page 129. Complaint in mortgage foreclosure filed by Residential Funding Corporation as Plaintiff against Tracy David Foster as Defendant on October 12, 2001 in the Office of the Prothonotary of Cumberland County to File No. 2001-5919. Default judgment entered January 4, 2002 in the amount of $95,245.71. 9. Mortgage in the amount of $35,000.00 given by Tracy David Foster to American Lending Group Inc. dated August 22, 1997 recorded August 29, 1997 in Mortgage Book 1402, Page 438. 10. Complaint filed by Lowell Latshaw and Helen H. Latshaw as Plaintiffs against Tracy David Foster as Defendant in the Office of the Prothonotary of Cumberland County to file No. 2000-1231. Default judgment in the amount of $6,706.39 entered April 25, 2000. 11. Subject to Declaration of Assignment of Limited Common Areas recorded in Miscellaneous Record Book 380, Page 519. 12. Rights granted to American Water Company by instrument recorded in Miscellaneous Record Book 367, Page 174. 13. Rights granted to Pennsylvania American Water Company by instrument recorded in Miscellaneous Record Book 367, Page 764. 14. Rights granted to Pennsylvania Power and Light Company and Bell Telephone Company of Pennsylvania by instrument recorded in Miscellaneous Record Book 370, Page 535. 15. Rights granted to Sammons Communications of Pennsylvania, Inc. by instrument recorded in Miscellaneous Record Book 370, Page 671. 16. 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 Sale. 18. Real estate taxes accruing on and after July 1,2002 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. Robert G. Frey, Agent Note: This Title Report shall not be valid or binding until countersigned by an authorized signatory. D LAW JOUi~NAL REAL ESTATE SALE NO. 16 ~ ~Trit No, 2001-5919 Civil Residential Funding Tracy David Foster Atty.: Gregory Javardian ALL THAT CERTAIN 1St 'or par- cel of land situate in Lower Allen Township, Cumberland County, Com- monwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, sa J( point being the following six courst s and 23 CUMBERLAND LAW JOURNAL distances from Perimeter Coordinate 7 as shown on the As-Built Plan ref- erenced herein: (1] by a curve to the right having a radius of 256.48 feet an arc distance of 359.96 feet to a point at the intersection of Capi- tol View Drive and the center line of Kings Arms Coilrt; (21 along the centerllne of Ki~.gs Arms Court aforementioned No~.~h 45 degrees 21 minutes 15 second~ E~st a distance. of 36.0 feet; (3) ~.rt~ 69 degrees 21 minutes, 15 se'~onc[s East a dis- tance of 208.0 fe~t; ~4) North 32 degrees 21 mint~/~es.[~15 seconds East a distance dl~ 15.68 feet; (5) South 57 degrees~38 minutes 45 seconds East a distance of 83.0 feet; {6) North 32 degrees 21 minutes 15 seconds East a distance of 48.0 feet to a point on the dividing line between Lot 82 and Lot 83, said point being the point and place of BEGINNING; thence continuing along the said dividing line and passing through the centerline of a partywalI divid- ing Unit 82 and Unit 83 and be- yond North 57 degrees 38 minutes 45 seconds West a distance of 30,0 feet to a point; thence North 32 de- grees 21 minutes 15 seconds East a distance of 22.0 feet to a point on the dividing line between Lot 83 and Lot 84; thence conintuing along the said dividing line and passing through the centerline of a partywall dividing Unit 83 and Unit 84 South 57 degrees 38 minutes 45 seconds East a distance of 32,0 feet to a point; thence 'South 32 degrees 21 minutes 15 seconds West a distance of 22,0 feet to a point; thence North 57 degrees 38 minutes 45 seconds West a distance of 2.0 feet to the point and place of BEGINNING. BEING Lot No. 83 as shown on the Amended Final Plan of Hunter's Ridge recorded in Plan Book 58, Page 62, and as more particularly 2, described on As-Built Plan of Sec- tion II, Hunter's Ridge, dated May 1, 1990, as recorded in Plan Book 60, Page 88. BEING known and numbered as 1775 Kings Arms Court. PARCEL NO. 13-25-0008-253. BEING the same premises which Judith L. Mercer, single person, by Deed dated February 28, 1997 and recorded in the Cumberland County Recorder of Deeds Office in Book 153, Page 1117, granted and con- veyed unto Tracy David Foster, mar- ried person. UNDER AND SUBJECT, never- theless, to easements, restrictions and other matters, ff any, of record and which an inspection of the prem- ises would disclose including {i) the Amended Final Plan for the planned residential development of Hunter's Ridge, recorded in Plan Book 58, page 62; {il) the Declaration bf Cov- enants, Conditions, Restrictions, and Easements for Hunter's Ridge recorded in Miscellaneous Book 365, Page 372 {the "Declaration"); and (iii) any amendments or modffi- cations to the foregoing thereafter made in accordance with the provi- sions of the Declaration. TOGETHER WITH the right to use any Limited Common Area ap- put,chant to the Lot being conveyed herein pursuant to the Declaration, the Amended Final Plan for Hunter's Ridge, the As-Built Plan referenced herein, and the Declaration of As- signment of Limited Common Areas for Hunder's Ridge dated May 10, 1990 and recorded in Miscellaneous Book 380, Page 519. RESIDENTIAL FUNDING VS. TRACY DAVID FOSTER COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 01-5919 CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiffin the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1775 KINGS ARMS COURT, NEW CUMBERLAND, PA 17070: 1. Name and address of Owner(s) or reputed Owner(s): Nan'~ Last Known Address (if address cannot be reasonably ascertained, please indicate) TRACY DAVID FOSTER 6510 OLD CARLISLE ROAD DOVER, PA 17315-2110 2. Name and address of Defendant(s) in the judgmem: TRACY DAVID FOSTER 6510 OLD CARLISLE ROAD DOVER, PA 17315-2110 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 PlaintifE. American L~nding Group, Inc. Last Known Address (if address cannot be reasonably asoerta'med, please indicate) 19642 Club House Road Gaithersburg, MD 20879 5. Name and address of every other person who has any record lien on the property: 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. Sanle Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013-3387 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 Hunter's Ridge Homeowners' Association 122 Market Street, P.O. Box 1457 Harrisburg, PA 17105 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: Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 1775 KINGS ARMS COURT NEW CUMBERLAND, PA 17070 Spouse of Tracy David Foster 1775 Kings Arms Court New Cumberland, PA 17070 Spouse of Tracy David Foster 6510 Old Carlisle Road Dover, PA 17315-2110 I verify that the statements made in this affidavit are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unswom falsification to authorities. January 11, 2002 A~fomey f6r~/dntiff LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQU1RE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD IST FLOOR, SUITE 101 soLrrHAMPTON, PA 18966 (215) 942-9690 RESIDENTIAL FUNDING COURT OF COMMON PLEAS VS. CUMBERLAND COUNTY TRACY DAVID FOSTER No.: 01-5919 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTy TO: TRACY DAVID FOSTER 6510 OLD CARLISLE ROAD DOVER, PA 17315-2110 Your house (real estate) at 1775 KINGS ARMS COURT, NEW CUMBERLAND, PA 17070, is scheduled to be sold at Sheriffs Sale on JUNE 5, 2002 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enfome the court judgment of $95,245.71, obtained by RESIDENTIAL FUNDING, against you. 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: 1. 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) 942-9690. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may 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) 942-9690. 2. You may he 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 mount due in the sale. To find out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-9690. 4. If the amount due fi:om 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 emitled 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. 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. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately at~er 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN lot or parcel of land situate in Lower Allen Township, Cumberland County, Commonwealth of Peunsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, said point being the following six courses and distances bom Perimeter Coordinate 7 as shown on the As-Built Plan referenced herein: (1) by a curve to the right having a radius of 256.48 feet an arc distance of 359.96 feet to a point at the intersection of Capitol View Drive and the center line of Kings Arms Court; (2) along the centerline of Kings Arms Court aforementioned North 45 degrees 21 minutes 15 seconds East a distance of 36.0 feet; (3) North 69 degrees 21 minutes, 15 seconds East a distance of 208.0 feet; (4) North 32 degrees 21 minutes 15 seconds East a distance of 15.68 feet; (5) South 57 degrees 38 minutes 45 seconds East a distance of 83.0 feet; (6) North 32 degrees 21 minutes 15 seconds East a distance of 48.0 feet to a point on the dividing line between Lot 82 and Lot 83, said point being the point and place of BEGINNING; thence continuing along the said dividing line and passing through the centerline ofa partywall dividing Unit 82 and Unit 83 and beyond North 57 degrees 38 minutes 45 seconds West a distance of 30.0 feet to a point; thence North 32 degrees 21 minutes 15 seconds East a distance of 22.0 feet to a point on the dividing line between Lot 83 and Lot 84; thence conintulng along the said dividing line and passing through the cemerline of a partywall dividing Unit 83 and Unit 84 South 57 degrees 38 minutes 45 seconds East a distance of 32.0 feet to a point; thence South 32 degrees 21 minutes 15 seconds West a distance of 22.0 feet to a point; thence North 57 degrees 38 minutes 45 seconds West a distance of 2.0 feet to the point and place of BEGINNING. BEING Lot No. 83 as shown on the Amended Final Plan of Hunter's Ridge recorded in Plan Book 58, Page 62, and as more particularly described on As-Built Plan of Section II, Hunter's Ridge, dated May 1, 1990, as recorded in Plan Book 60, Page 88. BEING known and numbered as 1775 Kings Arms Court. PARCEL NO. 13-25-0008-253. BEING the same premises which Judith L. Mercer, single person, by Deed dated Febru~ 28, 1997 and recorded in the Cumberland County Recorder of Deeds Office in Book 153, Page 1117, granted and conveyed unto Tracy David Foster, married person. UNDER AND SUBJECT, nevertheless, to easements, restrictions and other matters, if any, of record and which an inspection of the premises would disclose including (i) the Amended Final Plan for the planned residential development of Hunter's Ridge, recorded in Plan Book 58, page 62; (ii) the Declaration of Covenants, Conditions, Restrictions, and Easements for Hunter's Ridge recorded in Miscellaneous Book 365, Page 372 (the "Declaration"); and (iii) any amendments or modifications to the foregoing thereafter made in accordance with the provisions of the Declaration. TOGETHER WITH the fight to use any Limited Common Area appurtenant to the Lot being conveyed herein pursuant to the Declaration, the Amended Final Plan for Hunter's Ridge, the As-Built Plan referenced herein, and the Declaration of Assigmnent of Limited Common Areas for Hunder's Ridge dated May 10,1 990, and recorded in Miscellaneous Book 380, Page 519. 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. Roger M. Morgenthal, 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: APRIL 26, MAY 3, 10, 2002 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. ' qme, place and character of publication are true. Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 10 dayof. MAY, 2002 LO~ E. 8NYOER, No~/Pub~ My ~ F_xpi~ Ma~ 5, 20~ · 'REAL ESTATE SALE On February 7, 2002, the sherifflevied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, known and numbered as 1775 Kimgs Arms Court, New Cumberland, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 7, 2002 By: x~.]OC~ ~m.~ Real Estate Deputy descr/bed on As-Built Plan of Sec tion II, Hunter's Ridge, dated May 1. 1990, as recorded in Plan Book 60, Page 88. BEING known azld numbered as 1775 Kings Arms Court. PARCEL NO. 13 25-0008-253. BEING the same premises which Judith L. Mercer, single person, by Deed dated February 28, 1997 and recorded in the Cumberland County Recorder of Deeds Office in Book 153, Page 1117, granted and con veyed Unto Tracy Dav/d Foster tied person. , mar- UNDER AND SUBJECT. never theless, to easements, restrictions and other matters. If any, of record and which an Inspection of the prem- Ises would disclose Including (i) the Amended Fins/Plan for the planned residenti~/ development of Hunter's Ridge. recorded in Plan Book 58. page 62; {Ii) the Declaration of Cov- enants, Conditions. Restrictions. and Easements for Hunter's Pddge recorded in Miscellaneous Book 365. Page 372 {the 'Declaration~l: and Ifil) any amendments or modifi- cations to the foregoing thereafter made in accordance w/th the provi- sions of the Declaration. TOGETHER WITH the right to use any LLmlted Common Area purte~mnt to the Lot being conveyed herein pursuant to the Declaration, the Amended Final Plan for Hunter's R/dge, the As-Built Plan referenced herein, and the Declaration of As- signment of Limited Common Areas for Hunder's Ridge dated May 10. 1990 and recorded In Miscellaneous Book 380, Page 519. Atty.: Gregory Javardlan Tovazship, Cumberland County, Corn- particularly bounded and described being the following six courses and feet; [6) North 32 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sundav 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 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY Sworn to and nHh~rih~H haf~r~ m.e~'~ 17th daY/oJ, Ma~002 A.D. / Harrisburg, Dauphin County / NOTARY PUBLIC ~_ My commission expi es June 6, 2002 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 $ 403.20 $ 1.75 $ 404.95 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Pe, triot-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.