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HomeMy WebLinkAbout03-1976FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 AMERIQUEST MORTGAGE COMPANY 505 SOUTH MAIN STREET ORANGE, CA 92868 Plaintiff LINDALEE ROSE MIDDEETON EVERGREEN DRIVE A/K/A 1514 LONGS GAP ROAD CARLISLE, PA 17013 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 WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against thc claims set forth in thc 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 thc 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#:0035554781 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. Loan #: 0035554781 Plaintiff is AMERIQUEST MORTGAGE COMPANY 505 SOUTH MAIN STREET ORANGE, CA 92868 The name(s) and last known address(es) of the Defendant(s) are: LINDALEE ROSE MIDDLETON EVERGREEN DRIVE A/K/A 1514 LONGS GAP ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 05/20/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1761, Page 3784. 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 09/01/2002 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. Loan#:O035554781 o The following amounts are due on the mortgage: Principal Balance Interest 08/01/2002 through 04/25/2003 (Per Diem $38.52) Attorney's Fees Cumulative Late Charges 05/20/2002 to 04/25/2003 Cost of Suit and Title Search Subtotal $118,926.19 10,323.36 1,250.00 250.51 $ 550.00 $131,300.06 Escrow Credit 0.00 Deficit 1,250.00 Subtotal $ 1,250.00 TOTAL $132,550.06 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $132,550.06, together with interest from 04/25/2003 at the rate of $38.52 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: FEDERMAN AND PHEL&N, FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Loan #: 0035554781 ALL THOSE TWO CERTAIN lo~s, parcets, pieces of grounck simaie in Nor:h Middl~on Tow'osh~ Cumberland County, Penusylvanh, bound~ and descfib~ am folk)ws, to wit: TAX PARCR'L NO, 29-00,$-0425--040K TRACT I BEGINNING at a point on the northern legal right of way of Evergreen Drive, said point being located and referenced a distance of One Hundred Seventy-four and Eighty-four hundredths (17~.84) feet in a southwesterly direction from the northwestern corner of Evergreen Drive and Longs Gap Road (L.R. 21072); thence along the northern legal right of way of Evergreen Drive, South Forty-nine (491 degrees Six (6} minutes West, a d~stance of' Forty-nine and N~neteen hundredths ~49.19) feet to a point; thence along the same by a curve to the right having a radius of One Hundred Seventy-five {175) feet, an arc length of Seventy-nine and Eighty-six hundredths {79.86} feet to a point; thence along the same, South Seventy-four (74) degrees Fourteen {14} minutes Forty-six ~481 seconds West, a distance of One Hundred Twenty-two and Fourteen hundredths (122.14) feet to a point at land now or late of Karper and Boldosser; thence along the same, North Thirty-five (35) degrees Thirty-five (35) minutes Forty-three {43) seconds West, a distance of Five Hundred Twenty-two and Sixty-eight hundredths (522.68} feat to a point;' thence along land now or late of Bender, North Sixty-seven {67} degrees Thirty-one (31) minutes Six (6) seconds East, a distance of Two Hundred Thirty-two and Fifteen hundredths (23:[.15) feet to a point; thence along Lot Nos. 2 end 1, South Thirty-seven (37! degrees Eighteen {18) ntinutes Seven (7} seconds East, a distance of Five Hundred Nineteen and Eighty-five hundredths {519.85) feet to THE PLACE OF BEGINNING. SAID TRACT having thereon erected a frame ranch dwelling and being Lot No. 3A as shown on e re-subdivision, P~an of Lots hereinafter described. TRACT 2 - BEGINNING at a point on the western right of way line of L.R. 21072 (Longs Gap Road), at the southeastern corner of tend now or tats of Wilmer A. Sheaffer; thence by said western right of way line of L.R. 21072 ((Longs Gap Road), South Thirty-five {35) degrees Twelve (12) minutes Eighteen (18) seconds East, Fifty and Twenty-four hundredths (50.24} feet to a point on said right of way line at the northeastern corner of land now or late of William A. Monnett; thence by said land, South Forty-nine (49) degrees Six [6) minutes West, Two Hundred Nineteen end Four hundredths (219.O4} feet to e point; thence by land now or late of Staven L. Monna.tt by a curve to the right having a radius of Two Hundred Twenty-five {225J feet, an arc distance of One Hundred Two and Sixty-eight hundredths {102.88) feet to point; thence continuing by said lar~d, South Seventy-five (75} degrees Fourteen (14) minutes Forty-six (4(}) seconds West, One Hundred Three and Eleven hundredths (103.11] feet to a point in line of land now or late of Karper and Boldosser; thence by said land, North Thirty-five ~35) degrees Thirty-five (35) minutes Forty-three (¢3) seconds West, Fifty (50) feet, more or less, to a point at the southwestern corner of land now or late of Glenn E. Heberlig; thence by said [and, North Seventy-four [74) degrees Fourteen (14) minutes Forty-six (46) seconds East, One Hundred Twenty-two and Fourteen hundredths (122.1 ~) feet to a point; thence con{;inuing by the same, by a curve to the left having a red(us of One Hundred seventy-five f175) feet, an arc length of Seventy-nine and Eighty-six hundredths (79.86) feet to a point; thence continuing by the same, North Forty-nine [49) degrees Six (6) minutes East, Forty-nine and Nineteen hundredths (49.19) feet to a point; thence by land now or late of Wilmer A. Sheaffer, North Forty-nine (49) degrees Six (6) minutes East, One Hundred Seventy-four and Eighty-four hundredths (174.84) feet to a point on the western right of way line of Longs Gap Road, THE PLACE OF BEGINNING. THE ABOVE PREMISES comprises a private drive known as Evergreen Drive. A/K/A 1514 LONGS GAP ROAD 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. DATE: SHERIFF'S RETURN - REGULAR CASE NO: 2003-01976 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERIQUEST MORTGAGE COMPANY VS MIDDLETON LINDALEE ROSE ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT MORT FORE was served upon MIDDLETON LINDALEE ROSE the DEFENDANT , at 1514 LONGS GAP ROAD CARLISLE, PA 17013 at 1434:00 HOURS, on the 1st day of May by handing to , 2003 CAROL MECKEY, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 3 45 00 10 00 00 31 45 Sworn and Subscribed to before me this %~ day of  ~1~ A.D. ~rothonotary ~J So Answers: R. Thomas Kline 05/02/2003 FEDERMAN & PHELAN By: utl- Sheriff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 ~215} 563-7000 AMERIQUEST MORTGAGE COMPANY 505 SOUTH MAIN STREET ORANGE, CA 92868 Plaintiff, LINDALEE ROSE MIDDLETON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1976 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter.judgment in favor of the Plaintiff and against LINDALEE ROSE MIDDLETON .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 Plaintiffs damages as follows: As set forth in Complaint Interest from to 6/10/03 TOTAL $132,550.06 $1,810.44 $134,360.50 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY - FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL1NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 AMERIQUEST MORTGAGE COMPANY Plaintiff Vs. LINDALEE ROSE M1DDLETON Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUN2~ : NO. 03-1976 TO: LINDALEE ROSE MIDDLETON EVERGREEN DRIVE A/K/A 1514 LONGS GAP ROAD CARLISLE, PA 17013 DATE OF NOTICE: MAV 29. ~QO~ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. You are in default bec~us~ you have failed to enter a written a earan . court your defenses or objections to the claims set ,~,*~ ~-~:- · pp ~ y c,e personally or by attorney and file m writin ' notice, fo.u, ,~samst you. Umess ou act within *~,/~nx a .... g with the Y ....... x'w u~ys n~om the aate of this 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. ffyou do not have a lawyer or cannot afford one, go to or telephone the following office to fred out where you can get legal help: CUMBERLAND COUNTy CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, E~QUiRE - LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01976 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERIQUESTMORTGAGE COMPANY VS MIDDLETON LINDALEE ROSE ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MIDDLETON LINDALEE ROSE the DEFENDANT at 1434:00 HOURS, on the ls~ day of May at 1514 LONGS GAP ROAD , 2003 CARLISLE, PA 17013 CAROL MECKEY, ADULT IN CHARGE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this day of Prothonotary So Answers: Thomas Kline 05/02/2003 FEDERMA_N & PHELAN By: She ri f f ~ 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 AMERIQUEST MORTGAGE COMPANY 505 SOUTH MAIN STREET Plaintiff, LINDALEE ROSE MIDDLETON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1976 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey for the Plaintiffin 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 LINDALEE ROSE MIDDLETON is over 18 years of age and resides at, EVERGREEN DRIVE fiji(dA 1514 LONGS GAP ROAD, CARLISLE, PA 17013. 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 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 AMERIQUEST MORTGAGE COMPANY Plaintiff, LINDALEE ROSE MIDDLETON Defendant(s). No. 03-1976 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 6/10/03 to DECEMBER 10, 2003 (per diem -$22.09) TOTAL $134,360.50 $4,042.47 and Costs $138,402.97 FRANK FEDERMAN, ESQUIRE One Perm Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 - 1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THOSE TWO CERTAIN lots, pawels, p~ecas of ground, saunte m North Mlddleton Township, Oamb~dand County, pomaylvan.~a, bo~fld~d sad d~cribod as follows., to wit: TRACT ! BEGINNING at a point on the .Northern legal right of way of Evergroon Drive, said poim b~i~g lo,stol and referencwA a diatanc~ of o~ hundr~l ~venty-four and eigllty-fot:t h~lredflts (174.84) f~t ill a ~wca~ly di~0n ~ ~ Nor~wc~n ~r of Ev~gr~ ~ivc ~ ~ngs ~ap ~d (L.~ 21072); ~ ~oug ~c No.em ~M r~f-way of ~et~e~ ~ive, Sooth fo~-oi~ (49) dc~ca six (6) ~aa~ West, a dis~n~ of f~-niae ~ nlne~ hu~s (49.19) f~t ~ a point; ~eace ~on$ ~ rune by a cu~e to ~ ~t ~v~ a ndius of one buudr~ s~enty-five 075) f~. ~ arc langth of s~v~ty-n[ae and ~gh~-aix h~s (79,8~ f~ ~ a ~t; ~ce alii ~he s~,emy-fo~ (74) d~ f~ne~ (14) mMut$ for~-stx (~) s~n& W~, a dist~ of ~y-two ~d f~n hun~ths (122.14) ~ to a ~t at laud now or la~ of ~r~r Boldos~r; ~ ~ng ~= ~. No~ ~y-five 05) de~ thi~-five 05) mMutea f~y-tM~ seconds West, a dis~aee of five h~dred {we~-~o and s~-ei~t hundr~ (522.68) feet t~ a ~Mt; ~ence along lam now or ~t~ of B~d~r, NO~ sixty-sewn (6~ degre~ tlfirty~nc (31) minutes ah (6) seconds ~, a dis~ of two hu~ lhhW-twe a~ f~a h~drcd~s (232.15) f~t to a ~int; ~n~ a~ ~ Nos. ~ a~ 1, ~ ~y~vea (37) ~grecs eight<n (18) mMut~s ~wn ~t, a di~ of f~e ~d ~ ~ ~i~y-five h~r~Chs (519.85) feet to ~e p~ of SAID trot having th~reou crated a frame ranch BEING ~t No. 3A ~ sM~ on a re-~aMivision P~ of ~ts h~1er ~CT 2 R BEG~NIN~ at a poi~ on the Wmem fi~t of ~y hue of L.. 21072 (Longs Crop Road). at ~u~ ~ ~ hM ~w or late of Wi~ A. S~ffer; ~ by ~ W~tcm ri~t of w~ IMe of L.R. 21072 (~ ~P R~), ~u~ ~Ar~-flve (35) ~gr~a ~wlw (12) ~ates (18) a~nda ~, fi~ aM twemy-four ha~a (50,24) f~ to a ~Mt on ~M fi~t of way IMc at ~e Noi~tem cornet of Imnd ~ or ht~ ~ Wi~i~ A. Mo~ea; ~ea~ by nM 1~, South fo~.nine (49) degr~ a~ (6) ~u~ WeA, two h~&ed ~n ~ fo~ hu~s i~ to a point; thence by l~d aow~ or hte of S~v~ L. Monn~ by a curve w the fight having a radius of two bused tw~iy-flve (~5) f~t, aa ~ ~ee of o~ hund~ two ~ hund~flt5 (102.~) f~t to a po~t; fl~ continuing hy ~id ~M, ~u~ ~venei-fiw 05) de~ fou~a (14) minutes fo~-sfx (46) seconds W~t, o~ h~dr~ th[~ and ~lcvea (103.1 l) fc~ to a ~h~t ~ liaz of ~ now or la~ of K~r ~ Boldos~r: ~en~ by nld 1~, No~ ~rty-five (35) ~g~es thi~-five (35) ~ues fofly-~hr~ {43) s~o~s W~t, ma~ or I~, to a ~a ~ ~e ~u~wes~rfl ~rn~ of I~ ~w et late of Glcna E. H~lig; by ~id laM, North ~ven~-fo~ ~4) dc~ ~n (18) minu~a fo.-six (46) s~o~s h~r~ ~m~-~ and fourth hundreds (122A4) feet to a poit~t; fl~eu~ ~n~nuing same, by a ~ to ff~ le~ ~v~g a r~ of one ~ ~an~-fiv= (17~ feet, an ~c len~ of s~venty-~e ~d dgh~-six hundreds (79.~) f~ to a ~; three continuing by the ~me, No~ farty-ni~ (49) te~ees slx (6) ~u~S ~st, fete-nine ~ niaet~n huadred~s (49.19) f~t to a point; t~n~ by lmm now or late of Wilmer A. Shelfs, Noxlh fogy-trine (49) degrees six (6) minutes F~t, one hm~dred ~ventyqbur ax~ ~i~ty-foar ku~redtM (174.84) feet to a poMt ou Western right of way line of ~ags Gap R~d, th~ place of bzgi~ng. THE above prc~a ~mp~es a p~vate drive ~o~ as Evergreen Drive. ~E above t~ of 1~ ~ ~o~a on a re~bdivisiou plan of ~ dated March 3. I~5, prcp~d for Olc~ He~lig, by William R. ~qfitt~k, P.E. whidl pl~ is uarecord~. Tax Parcel g29-OS-0425-040E T1TLE T~O_ S_~LD PREMISF-~S IS VESTED IN Lindalee Ro~ Middleton, a single woman by Deed Il'om David Lee GrOss, an unmanied man dated 5/20/2002 arid recOrded 6/12/2002, in Record Book 252, Page 728, 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 AMERIQUEST MORTGAGE COMPANY Plaintiff, LINDALEE ROSE MIDDLETON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1976 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 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 author/ties. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff AMERIQUEST MORTGAGE COMPANY Plaintiff; LINDALEE ROSE MIDDLETON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1976 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) AMERIQUEST MORTGAGE COMPANY, 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 ~EVERGREEN DRIVE A/K/A 1514 LONGS GAP ROAD~ CARLISLE~ PA 17013 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LINDALEE ROSE MIDDLETON EVERGREEN DRIVE A/K/A 1514 LONGS GAP ROAD CARLISLE, PA 17013 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 COMMONWEALTH OF PENNSYLVANIA BUREAU OF COMPLIANCE Last Known Address (if address cannot be reasonably ascertained, please indicate) DEPARTMENT #280946 HARRISBURG, PA 17128-0946 4. Name and address of last recorded holder of every mortgage of record: Nalne None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if ad&ess cannot be reasonably ascertained, please indicate) EVERGREEN DRIVE A/ICJA 1514 LONGS GAP ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. June 10, 2003 DATE FRANK FEDERMAN, ESQU1RE Attorney for Plaintiff AMERIQUEST MORTGAGE COMPANY Plaintiff, LINDALEE ROSE MIDDLETON Defendant(s). CUMBERLAND COUNTY No. 03-1976 June 10, 2003 TO: LINDALEE ROSE MIDDLETON EVERGREEN DRIVE A/K/A 1514 LONGS GAP ROAD CARLISLE, PA 17013 **THIS F1R34 IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY1NFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOU HAVE PREVIOUSLYRECE1VED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, B UT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at ~ EVERGREEN DRIVE AJK/A 1514 LONGS GAP ROAD~ CARLISLE~ PA 17013~ is scheduled to be sold at the Sheriff's Sale on DECEMBER 10~ 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $134~360.50 obtained by AMERIQUEST MORTGAGE COMPANY (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 maybe 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 Sheriffwithin 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 ItAVE 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 THO$~ TWO CERTAIN' 1o~, parcets, pieces of ground, situate in North Middletou Township, Cumt~rland C.o~uiy, P~msylvauia, bounded and described as follow~, in wit: TRACT IBEOINNINO at a point on the Nonhero legal right of way of Evergro~a Drive, said point being located and r~fereuced a dimhmnce of one huudred s~vemy-four and eighty-four htlutdredths (174.84) fe~: iu a Sou~wc.m,,,efly ~kection from the l<o~tliwes~rn ~onner of Eve~grcen drive ~d Long{ nap Road (L.R. 21072); thence along the Northern legal fight-of-way of Evergreen Drive, South forty-nine (49) degrees six (6) minutes West, a distance of fonT-nine and nh~en hundredths (49.19) fee~ to a point; thence along th~ same by a curve to the right having a radius of oue hundred saveniy-five 075) feet, an length of sewmt~-ntne and eigl~y-six hundredths (79,86) fe~: to a point; thence ~iong the same, South s~emy-four (74) de~ces fourte~ (14) minutes forty-six (4~) t{~ond$ W~t, a distance of nee huudred twenty-two and founte~n hundr~ths (122.14) ~'t to a poim at hsd now or late of Kari~r aud Boldosser; thence along the smm~, Not~ thi~y-five 05) degree~ thirty-five (35) minutes fo~y-flueu (43) seconds West, a distance of five hundred twemy-two and si~-eight hundredths (522.68) f~i to a point; thence alo{~ land now or late of Be~d~, North sixty-seven (67) degrees thirty-one (31) minutia six (6) seconds Ease, a disU~ce of two hundred thi,~,-two aud I'dU~'n hundredths (232.15) fret to a point; theuc~ ~ Lot Nos. 2 and I, South thirty-~vca (37) degrees eightccn (18) minutes s~ven (?) East, a di.~Uance ~ five hundred ninetceu aud eighty-five hundredths (519.85) feet to th~ pln..~ of SAID tract having thereoo erected a ffnm¢ rauch dwelling, No, 3A as shown on a re-subdivision Plan of Lots hereinafter described, Ti~tCT 2 BEOINNINO at a poi~g on me Western fight of way line of L.R. 21072 (Longs Gap Road), at the Southeastern corner of hud now or late of Wilmer A. Sheaffer; thence by said We{tern rigl~ of way tine of L.R. 21072 (Longs (3ap Rchld), South thirty-five (3~) degrees v,vclvc (12) minu~s dghieen (18) seconds Fast, fifty and tweuly-four hondredths (50.24) fc~t to a point on said right of way line al the Nord~emslern corner of {and now or late of William A. Monnett; thance by said limd, South forty-nine (49) degrees si,; (6) minutes West, two hundred uln~teen md four huudredths (219.04) feet to a point; thence by laud now or hte of Sieves L. MonnetI by a curve to the right having a radios of two hundred twenty-five (225) feet, au arc di~tnce Of one hundred two and six.ty-e, ighl hundredths (102,68) frei io ~, poini; thence continuing by said land, South sc~¢cl~i'y-fiv¢ (75) degre, cs four~c~u (14) minutes tony-six (46) ~couds West, oue hundred th{ce and eleven h~th$ (103. I 1) feet to a point in }iu~ of land no~, or {ate of Karpcr and Boldosscr; iher~e by mid laud, Nonh thtrly-five (35) d~grecs thirty-five (35) mluu~s forly4hrco (,t3) seconds W~st, fifty O0) reel, nmre or I~ss, to a point ia the Sollfllwestern corner of lap~ nOW 0r ia[e of Glenn l~. Hcb~'lig; the~lce by s~id {at~/, North scveo~-four (74) degrees to.teen 04) minutes forty-six (46) seconds Eas~, one hundred rw~ty-two arid tourleen hundredths (I22.14) feet to a point; thence confiuuiug by the same, by a curve to th~ left haviug a radius of one hundred s~venty-five (17~ feet. an arc length of seventy-slue aud ~ghty-six hundredths (70.86) feet to a point; thellce ~'ontinu/n8 by the same, North forty-nine (49) degrees slx (6) minutes EasL forty-nine and inoeteen hundredflls (49.19) feet to a point; thence by land now or late of WHmer A. S'h~affer, No~th forty-nine (49) degre~s six (6) nlinutes F2.~t, one hundred ~venty-four al~d dghty-four hundredths (174.84) feet to a point oi{ the Western right of way tine of Longs Gap Road, thc pluc~ of bcgiurfiug. THE above premises comprises a private drive known as Evergreen Drive. THE above tracts of laud are shown on a re-subdivision plan of Lots dated March 3, 1975, prepared for Olena Heberllg, by William R. Whittock, P.E., which plan is unrecorded. Tax Parcel ~29-05-0425-040E TITLE T~S~ PREMISES IS VESTED IN IAndalee Ro~ Middietoa, a single womau by Deed from David Lee GrOss, an umuartied man dated 5/20/2002 and recorded 6/12/2002, in Record Book 252, Page 728. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-1976 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERIQUEST MORTGAGE COMPANY, Plaintiff (s) From LINDALEE ROSE MIDDLETON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If pr°perty °f 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 $134,360.50 L.L. $.50 Interest FROM 6/10/03 TO 12/10/03 (PER DIEM - $22.09) - $4,042.47 AND COSTS Atty's Corem % Due Prothy $1.00 Atty Paid $113.45 Other Costs Plaintiff Paid Date: JUNE 13, 2003 (Seal) CURTIS R. LONG Prothonotmv ~ ~ D~uty REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 AFFIDAVIT OF SERVICE PLAINTIFF AMERIQUEST MORTGAGE COMPANY DEFENDANT(S) LINDALEE ROSE MIDDLETON SERVE LINDALEE ROSE MIDDLETON AT EVERGREEN DRIVE AfK/A 1514 LONGS GAP ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY PJT No. 03-1976 ACCT. #0035554781 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2003 SERVED Se edand de ownto ,Defendan,,on,he ' / / of Pe~ylvania, in the ~er described below: dayof J'./P' ~--, 200'~, , Commonwealth __ Manager/Clerk of place of lodging in which .Defendant(s) reside(s). __Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 7..0 Height ~t 7~ Weight ~t~t') Race. ~t Sex F Other I, G/e (~t,,x SO::[¢ J , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. | ~ ~ '1 ! ua~a j. ,~tm~, n~t Put~e [ Sworn to and subscribed [ Oa~l~ I~*o, C.,~I~:I C.,oon~ [ . v re this~-~T~da- I I~/~E~maJu~/~3'k~06 [ j PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200__, at __ Moved ____ Unknown No Answer 1st Attempt: / / Time: : o'clock __.m., Defendant NOT FOUND became: Vacant 2"a Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERIQUEST MORTGAGE COMPANY VS. LINDALEE ROSE MIDDLETON ) CIVIL ACTION ) ) CIVIL DIVISION ) NO. 03-1976 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for AMERIQUEST MORTGAGE CONIPANY hereby verify that on June 12, 2003 true 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: November 6, 2003 FRANK FEDERMAN, ESQUIRE 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 Amerkmest Morteage Co is the grantee the same having been sold to said grantee on the 10th day of Dec A.D., 2003, under and by virtue ora writ Execution issued on the 13th day of June, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 1976, at the suit ofAmeriauest Mtg co against Lindalee Rose Middleton is duly recorded in Sheriff's Deed Book No. 261, Page 1704. IN TESTIMONY WHEREOF, I have hereunto set my hand _~ and seal of said office this c~/~ day of , A'D200/~c_ ~,/~__._R /~ ~,JS~'~ ~ ecorder of Deeds Ameriquest Mortgage Company VS Lindalee Rose Middleton In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-1976 Civil Term Harold Weary, Deputy Sherift} who being duly sworn according to law, states that on September 12, 2003 at 7:36 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Lindalee Rose Middleton, by making known unto Lindalee Middleton personally, at 1514 Longs Gap Rd., Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said tree and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 06, 2003 at 5:41 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon tract one of the property of Lindalee Rose Middleton located at 1514 Longs Gap Road, Carlisle, Pennsylvania, according to law. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on October 20, 2003 at 9:37 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon tract two of the property of Lindalee Rose Middleton located at 1514 Longs Gap Road, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within nanaed defendant, to wit: Lindalee Rose Middleton, by regular mail to her last known address of 1514 Longs Gap Road, Carlisle, PA 17013. This letter was mailed under the date of October 6, 2003 and never returned to the Sherifl's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 10, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $100,000.00 to Attorney Frank Federman for Ameriquest Mortgage Company. It being the highest bid and best price received for the same, Ameriquest Mortgage Company of 505 South Main Street, Orange, CA 92868, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $11,500.00, representing costs. Sheriff's Costs: Docketing $30.00 Poundage 2000.00 Posting Bills 30.00 Advertising 30.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 6.90 Levy 30.00 Surcharge 30.00 Law Journal 679.25 Patriot News 505.99 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $3,477.04 Sworn and subscribed to before me This 2 ~,-u-Cdayof( ~.~ 2004, A.D.~ -).q,,~ f~) '~.t./_~_o, ~ r Prothonotary So Answers: R. Thomas Kline, ~h'efi~'~: Real Estate ~eputy SCHEDULE OF DISTRIBUTION SALE NO. 05 Date Filed: January 9, 2004 Writ No. 2003-1976 Civil Term Ameriquest Mortgage Company VS Lindalee Rose Middleton Evergreen Drive a/k/a 1514 Longs Gap Road Carlisle, PA 17013 Sale Date: Buyer: Bid Price: December 10, 2003 Ameriquest Mortgage Company $100,000.00 Real Debt: $134,360.50 Interest: 4,042.47 Attorney Costs: 113.45 Total: $138,516.42 DISTRIBUTION: Receipts: Cash on account (07/28/03): $1,500.00 Cash on account (12/10/03): 10,000.00 Credit Writ No. 2003-1976: 88,500.00 Total Receipts: $100,000.00 Disbursements: Sherif£s Costs Legal Search Cumber/and County Tax C/aim Bureau Attorney Federman Credit Writ No. 2003-1976 $ 3,477.04 400.00 3,925.38 3,697.58 88,500.00 Total Disbursements: Balance for distribution: ($! 00,000.00) 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. 5 Held Wednesday,December 10, 2003 Date: December 10, 2003 TAXES: Receipts for all taxes for the years 2000 to 2002 inclusive. Taxes for the current year 2003. WATER RENT: 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 , , and recorded , in Cumberland County Deed Book , Page RECITAL: Being the same premises which David Lee Gross, unmarried man, by deed dated May 20, 2002, and recorded June 12, 2002 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle, Pennsylvania, in Deed Book 252, Page 728, granted and conveyed to Lindalee Rose Middleton, single woman. 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 patties 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 L. R. 21072, known as Longs Gap Road. Conditions, easements and restrictions shown on or set forth on the Re-Subdivision Plan of Lots dated March 3, 1975, prepared for Glenn Heberlig by William R. Whittock, P.E., which Plan is unrecorded. 7. Subject to private rights and the responsibility for maintenance of the private right-of- way known as Evergreen Drive. Mortgage in the amount of $119,000.00 given by Lindalee Rose Middleton to Ameriquest Mortgage dated May 20, 2002 and recorded June 12, 2002 in Mortgage Book 1761 Page 3784. Complaint in mortgage foreclosure filed by Ameriquest Mortgage Company as Plaintiff against Lindalee Rose Middleton as Defendant on April 28, 2003 in the Office of the Prothonotary of Cumberland County to File No. 2003-1976. Judgment in the amount of $134,360.50 entered June 13, 2003. 7. delinquent real estate taxes turned over to the Cumberland County Tax Claim Bureau in the amount of $1,717.61 as of the date of the said Sheriff sale. Certified copy of line filed by the Pennsylvania Department of Revenue, Bureau of Compliance as Plaintiff against Richard H. Middleton and Lindalee Middleton as Defendants, on June 17, 1997 in the Office of the Prothonotary of Cumberland County to File No. 97-3246. Said lien may be a lien on the equitable interest of Richard H. Middleton and Lindalee Middleton in the subject premises by virtue of an Installment Sales Agreement recorded October 10, 1997 in Miscellaneous record Book 559, Page 357. Subject to rights of Richard H. Middleton in the subject premises by virtue of an Installment Sales Agreement from David L. Gross and Sheila M. Gross dated October 7, 1997 and recorded October 10, 1997 in Miscellaneous Record Book 559, Page 357. 10. Rights granted to Socony Vacuum Oil Company, Inc.by instrument recorded April 29, 1946 in Miscellaneous Record Book 83, Page 420. 11. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff's sale. It is to be noted that no notice appears to have been given nor service of process made upon Richard H. Middleton. 12. 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, 5 Writ NO. 2003-1976 Ci~/] Ameflquest Mortgage Compaily Vs. LindaJee Rose Mlddleton Atty.: Frank Federman ALL THOSE TWO CERTAIN loLs. parcels, pieces of gl~ollnd, situate in North Middleton Township, Cum- berland County, Pennsylvania, bounded and described as follows. THE' PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 28th day(s) of October and the 4th and 11th day(s) of November 2003. That neither he nor said Company is interested in the subject matter 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 a~ bof~003 A.D. Notadal Sear S ALE #5 Tern/L Rus,=,elL Not~/Public, City Of Harris~rg, Dauphin County NOTARY I~UBLIC My ~ Expires Ju~e 6, 2006 Member, pemsy~vanla As~ta~onOfNa~sl~ly commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 505.99 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. ~ ~ ~d L(~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 17, 24, 31, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. REAL ESTATE SALE NO. 5 Writ No. 2003-1976 Civil Ameriquest Mortgage Company Lindaiee Rose Middleton Atty.: Frank Federman ALL THOSE TWO CERTAIN lots, parcels, pieces of ground, situate in North Middleton Township, Cum- berland County. Pennsylvania. bounded and described as follows, to wit: TRACT 1 BEGINNING at a point on the Northern legal right of way of Ever- green Drive. said point being located and referenced a distance of one hLLndmd seventy-four and eighty-Ibm' hundredths (174.841 feet in a South- westerly direction from the North- western corner of Evergreen drive and Longs Gap Road {L.R. 210721: thence along the Northern legal right-of-way of Evergreen Drive, South forty-nine {49) degrees six (6) m~mtes West. a distance of forty nine and nineteen hundredths (49. 191 feet to a point: thence along the same by a curve to the right having a ra- dius of one hundred seventy-five (175) feet, an arc length of seventy- nine and eighty six hundredths (79.86) feet to a point; thence along the same, South seventy-four (74) degrees fourteen (14} minutes forty- s~x (461 seconds West. a distance of one hundred twenty-two and tbur- teen hundredths (122.14) feet to a point at land now or late of Karper and Boldosser: thence along the same, North thirty-five (351 degrees thirty-five (35) minutes forty-three {43) seconds West. a distance of rive hundred twenty-two and sixty-eight hundredths [522.681 feet to a point; thence along land now or late of Bender. North sixty-seven (67) de- grees thirty-one 131l mutes six (61 SWORN TO AND SUBSCRIBED before me this 31 day of OCTOBER, 2003 NOTARIal. SEAL v LOIS E. SNYDER, Notlw/Public Carlisle Bom, Cumberland County My Co~mission E,x~ims Ma~h 5. 2005 (175] feet, an arc length of seventy- nine and eighty six hundredths (79.86} lket to a point; thence along the same, South seventy l'~ur [741 degrees four[een (141 minutes lbrty- six {46) seconds West. a dista~ce of one hundred twenty-two and ibur- teen hundredth~ {122,141 feet to a point at land now or late of Karper and Bo[dosser; thence along the same, North thirty-five (351 degrees thirty-five (35) minutes forty-three [431 seconds West. a distance of five hundred twenty-two aid sixty-eight hundredths [522.68) feet to a point; thence along land now or late of Bender, North six~y-seven (671 de grees thirty one (31/ minutes six seconds East, a distance of two hundred thirty-two and lifteen hun- dredths (232.15) feet to a point; thence along Lot Nos. 2 and 1, South thirty seven {37) degrees eighteen (18) minutes seven i71 sec- onds East, a distmme of five hun- dred nineteen and eighty-live hun- dredths (519.85) feet to the place of beginning. SAiD tract having thereon erect ed a frame ranch dwelling. BEING Lot No. 3A as shown on a re-subdivision Plan of Lots here inafter described. TRACT 2 BEGINNING at a point on the Western right of way line of L.R. 21072 (Longs Gap Roadl, at the Southeastern comer of land now or late of Wilmer A. Sheaffer; thence by said Western right or' way line of L.R. 21072 {Longs Gap Road/, South thirty five, (35) degrees twelve (121 minutes eighteen [181 seconds East. fifty and twenty-four hundredths (50.241 feet to a point on said right of way line at the Northeastern cor- ner of land now or late of William ~ Monnett: thence by said land. South forty-nine (491 degrees six (61 rain utes West. two hundred nineteen and four hundredths (219.04) feet to a point: thence by lmxd now or late of Steven L. Monnett by a curve to the right having a radius of two hundred twenty live (2251 feet, an m'c distance of ~ne hundred two and sixty-eight hundredths (102.681 feet in a point; thence continuing by said land, South seventy-five (75) de- grees iburteen 114) minutes forty-six (46) seconds West, one hundred three and eleven hundredths (103.11} feet to a point in line of land now or late of Karper and BoL dosser: thence by said land, North thirty five (351 degrees thirty-five (351 minutes forty-three (43/ sec- onds West, fifty (50/ feet. more or less, to a point in the Southwestern corner of/axxd now or late of Glenn E. Heberlig; thence by said land, North seventy-four (74} degrees fourteen (141 nfmutes forty six (461 seconds East, one hundred twenty- two and fourteen hundredths (122.141 feet taa point; thence con- tinumg by the same, by a curve to the left having a radius of one hun dred seventy-five (1751 feet, an arc length of seventy-nipe a~d eighty-six hundredths (79.86} feet to a point; thence continuing by the same, North fortyqftne 1491 degrees six (61 ~ninutes East. forty-nine and nine teen hundredths (49.191 l~et to a paint: thence by land now or late of Wilmer A. Sheaffer, North forty-nine (491 degrees six [61 nfmutes East. one hundred seventy-four and eighty-four hundredths (174.84) feet to a point on the Western right of way line of Longs Gap Road, the place of beginning. THE above premises comprises a private drive known as Evergreen Drive. THE above tracts of land are shown on a re subdivision plan of Lots dated March 3. 1975, prepared for Glenn Heberlig, by William R. Whittock. P.E,, which p/an is mare- dred nineteen and eighty-llve hun dredths {519.85) ['eet to the place o£ beginning. SAID tract having thereon erect ed a frame ramch dwelling. BEING Lot No. 3A as shown on a re-subdivision Plan of Lots here- inafter described. TRACT 2 BEGINNING at a point on the Western right of way line of L.R. 21072 (Longs Gap Road), at the Southeastern comer st' land now or late of Wilmer A. SheaJ'fer; thence b~' sa~d Western right of way line of L.R. 21072 (Longs Gap Road), Souih thirty-five, 135) degrees twelve (12) minutes eighteen (18) seconds East, fifty and twen[y-l~ur hundredths (50.24) feet to a point on said right of way line at the Northeastern cor- ner of land now or kate of William A, Monnett: thence by said land, South [or[y-nine (49} degrees six (6} min- utes West, two hundred nineteen axld four hundredths {219.04) feet to a point; thence by land now or late of Steven L. Monnett by a curve to the right having a radius of two hundred ~,ven[y-F~ve [225) feet, an arc distance of one hundred two and sixty-eight hundredths (102.68) feet to a point; thence continuing by said land. South seventy-five (75) de- grees fora-teen (14) minutes forty-six (46) seconds West. one hundred three and eleven hundredths {103. ID feet to a point in line of land now or late of Karper and Bol- dosser: thence by said land, North thirty five (35} degrees thirty five (351 minutes forty-three {43) sec- onds West. fifty {50] feet, more or [ess, to a point in the Southwestern comer of land now or late of Glenn E. Heberfig: thence by said land, North seventy-four (74) degrees fourteen (14) minutes forty six (46] seconds East, one hundred twenty- two and fourteen hundredths (122.14) feet to a point; thence con- tinning by the same. by a curve to the left having a radius of one hun dred seventy-five {175) feet. an arc length of seven[y-nir}e and eighty slx hundredths (79.86) feet to a point; thence continuing by the same, North forty nine (49) degrees six 16] minutes East. forty-nine and nine- teen hundredths (49.19/ feet to a point: thence by land now or late of ~Fllmer A. Sheaffer, North forty-nine (49) degrees six (6) minutes East. one hundred seventy-four and eighty~four hundredths {174.84) feet to a point on the Western right of way line of Longs Gap Road, the place of beginning. THE above premises comprises a private drive known as Evergreen Drive. THE above tracts of land are shown on a re-subdivision plan of Lots dated March 3, 1975. prepared for Glenn Heberlig, by William R, Whittock, P.E., which pkan is unre- corded, Tax Parcel //29-05 0425-040E. TITLE TO SAID PREMISES IS VESTED IN Lindalee Rose Middle- ton, a single woman by Deed l¥om David Lee Gross, an unmarried man dated 5/20/2002 and recorded 6/ 12/2002. in Record Book 252, Page 728.