Loading...
HomeMy WebLinkAbout03-2147FEDERMAN 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 ATTORNEY FOR PLAINTIFF WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM CHAD K. BUSER RACHEL BUSER 7 COTTAGE COURT MECHANICSBURG, PA 17055 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 the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 2598161 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 #: 2598161 1. Plaintiff is o WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 The name(s) and last known address(es) of the Defendant(s) are: CHAD K. BUSER RACHEL BUSER 7 COTTAGE COURT MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 01/31/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CHARTER ONE MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1668, Page 949. By Assignment of Mortgage recorded 2/6/02 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 684, Page 2544. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2002 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. Loan #: 2598161 6. The following amounts are due on the mortgage: o o Principal Balance Interest 10/01/2002 through 05/05/2003 (Per Diem $24.10) Attorney's Fees Cumulative Late Charges 01/31/2001 to 05/01/2003 Cost of Suit and Title Search Subtotal $121,782.71 5,229.70 1,250.00 245.46 $ 550.00 $129,057.87 Escrow Credit 0.00 Deficit 444.17 Subtotal $ 444.17 TOTAL $129,502.04 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTWF demands an in rem Judgment against the Defendant(s) in the sum of $129,502.04, together with interest from 05/05/2003 at the rate of $24.10 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: -/- /s/Fraficis S. Ha'l~;a~/~ FR/MNK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Loan #: 2598161 ALL THAT CERTAIN tract or parcel ofla~i and ~ dtuate~ ly/ng and being in the Towml~ of Slim' Spring/n tho County of Cumb~land and Commonwealth of Pe~~ m~ro particularly d.-~:r~d as follow~: BEGINNING at a polnt onthc casterly side of Cottage Cout~ at H~e of Lot #$1 and this lot: theacc along ~aid liac North 72 de~rees 09 minutes 3g seconds East a distanc~ of 135.65 feet u~ a point on ~ ofla~ now or f~rm~rly of Pult¢ Home Corporation: thence along said !~ South 16 degrees $0 min~ 30 seco~ls Fast a distance of 34.90 feet m a poinI on said linc; thence st~ by said line South ;; degre~ 59 minutes 42 seconds East a distance of 58.9g f_cet to a point on said line and agnin by said line South 4 degrees 51 minutes 06 ~econ~ West a distance of 12,07 feet to a point at ]~e of Lot #53; thence along said ~ North 88 degrees 21 minutes 32 seconds We, s~ a d~ance of 136.09 feet to aport on the easterly side of Cottage Court; thence by sdd Cottage Court by ~: curve w~h a tad/us of 175.00 feet, a d/stauce of 59.50 feet to a po~t, the p~u:e of BEGINI~NG. BEING Lot/~52, ,qecfion 1, Mulberry Crosdng as recorded ~ Phn Book 40, Page 142-B. BEING KNO~N AS: 7 COTTAGE COURT. VERIFICATION Janice Bergthold hereby states that she is Vice President Loan Documentation of WELLS FARGO HOME MORTGAGE, INC. 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 true 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 unsworn falsification to authorities. JANIC['B~RGTHOLD, VICE PRESIDENT ~ DOCUMENT^TI ON Z C~ ~~ Sheriff or Deputy pennsylvanza' who being duly sworn ~ was served upon cumberland CountY~ sayS, the within a true and attested copy of HouKS, on the 9_~th day sheriff o~ according by handing to tO law, the together with and at the same time directing Hi_~s attention toche contents thereof. S~ me sheriff's CostS: Docketing Service Affidavit 18.00 lo.35 .oo as Kline subscribed to before ~iff Sworn and me this ~ day of SHERIFF'S RETURN - REGULAR CASE NO: 2003-02147 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO HOME MORTGAGE INC VS BUSER CHAD K ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BUSER RACHEL the DEFENDANT , at 2058:00 HOURS, on the at 7 COTTAGE COURT 8th day of May , 2003 MECHANICSBURG, PA 17055 'ACHEK BUSER by handing to ;rue and attested copy of COMPLAINT - MORT FORE together with 'he same time directing ~er attention to the contents thereof. S: 6.00 6.21 .00 10.00 .00 So Answers: R. Thomas Kline 22 .21 05/12/2003 FEDERMAN & before By: FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN ldentificalion 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 WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff; CHAD K. BUSER RACHEL BUSER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2147 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against CHAD K. BUSER and RACHEL BUSER, Defendant(s) for failure to file an Answer to PlaintifPs 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 5/5/03 to 6/12/03 TOTAL $129,502.04 $939.90 $130,441.94 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 FEDEP,-MAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (?15) 563-7000 WELLS FARGO HOME MORTGAGE, INC. Plaintiff VS. CHAD K. BUSER RACHEL BUSER Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 03~2147 TO: CHAD K. BUSER 7 COTTAGE COURT MECHANICSBURG, PA 17055 DATE OF NOTICE: MAY ~0, 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY 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. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objecfiotzs to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you withont a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to fred out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (9 15) 563-7000 WELLS FARGO HOME MORTGAGE, INC. Plaintiff CHAD K. BUSER RACHEL BUSER Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 03-2147 TO: RACHEL BUSER 7 COTTAGE COURT MECHANICSBURG, PA 17055 DATE OF NOTICE: MAY 30, 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU 1N 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. IMPORTANT NOTICE You are in default because you have failed m enter a written appearance personally or by attorney and file tn writing with the cour~ your defenses or objections to the claims set forth against you. Unless you act within ten (10) days fi-om the date of this notice, a Judgmem may be entered against you without a heating and you may lose your property or other anportant fights. You should take this notice to a lawyer at once. If you do not have a lawyer or caxmot afford one, go to or telephone the following office to t'md out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 L/BERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP 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 (;)15) %%7000 WELLS FARGO HOME MORTGAGE, INC. Plaintiff Vs, CHAD K. BUSER RACHEL BUSER Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 03-2147 TO: CHAD K. BUSER 323 E. CRESTWOOD CAMP HILL, PA 17011 DATE OF NOTICE: MAY 30, 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY 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. IMPORTANTNOTICE You are in default because you have failed to emer a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days fi.om the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take th/s notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to £md out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDE1LMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (?1~) $63-7000 WELLS FARGO HOME MORTGAGE, INC. Plaintiff CHAD K. BUSER RACHEL BUSER Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DWISION : CUMBERLAND COUNTY : NO. 03-2147 TO: RACHEL BUSER 323 E. CRESTWOOD CAMP HILL, PA 170l 1 DATE OF NOTICE: MAY 3lk 200'1 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HERi~IN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.II? YOU HAVE PREVIOUSLY P,_ECEIVED 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. IMPORTANTNOTICE You are in default because you have failed to enter a wrilten appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a heuring and you may lose your property or other important fights. 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 t'md out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T, PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215} 563-7000 WELLS FARGO HOME MORTGAGE, INC. 3476 STATE'~qEW BOULEVARD CHAD K. BUSER RACHEL BUSER Plaintiff; Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2147 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant CHAD K. BUSER is over 18 years of age and resides at, 323 E. CRESTWOOD, CAMP HILL, PA 17011. (c) that defendant RACHEL BUSER is over 18 years of age, and resides at, 7 COTTAGE COURT, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Easterly side of Cottage Court at line of Lot #51 and this lot: thence along the said line North 72 degrees 09 minutes 38 seconds East a distance of 135.65 feet to a point on line of lands now or formerly of Pulte Home Corporation; thence along said line South 16 degrees 50 minutes 30 seconds East a distance of 34.90 feet to a point on said line; thence still by said line South 5 degrees 59 minutes 42 seconds East a distance of 58.98 feet to a point on said line and again by said line South 4 degrees 51 minutes 06 seconds West a distance of 12.07 feet to a point at line of Lot #53; thence along said line North 88 degrees 21 minutes 32 seconds West a distance of 136.09 feet to a point on the Easterly side of Cottage Court; thence by said Cottage Court by a curve with a radius of 175.00 feet, a distance of 59.5Ofeet to a point, the place of beginning. BEING Lot #52, Section 1, Mulberry Crossing as recorded in Plan Book 40, Page 142-B. HAVING THEREON erected a dwelling house being known and numbered as 7 Cottage Court. TAX PARCEL #38-21-0289-091 TITLE TO SAID PREMISES IS VESTED IN Chad K. Buser and Rachel Buser, his wife by Deed from Allan W. MacKinnon, Jr. and Pamela A. MacKinnon, his wife dated 1/24/2001 and recorded 2/5/2001 in Deed Book 239, Page 109. //~ 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 WELLS FARGO HOME MORTGAGE, INC. 3476 STATEVIEW BOULEVARD CHAD K. BUSER RACHEL BUSER Plaintiff, Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2147 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney 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 CHAD K. BUSER is over 18 years of age and resides at, 323 E. CRESTWOOD, CAMP HILL, PA 17011, (c) that defendant RACHEL BUSER is over 18 years of age, and resides at, 7 COTTAGE COURT, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO HOME MORTGAGE, INC. Plaintiff, CHAD K. BUSER RACHEL BUSER Defendant(s). No. 03-2147 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 6/12/03 to DECEMBER 10, 2003 (per diem -$21.44) TOTAL $130,441.94 $3,880.64 and Costs $134,322.58 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Easterly side of Cottage Court at line of Lot #51 and this lot: thence along the said line North 72 degrees 09 minutes 38 seconds East a distance of 135.65 feet to a point on line of lands now or formerly of Pulte Home Corporation; thence along said line South 16 degrees 50 minutes 30 seconds East a distance of 34.90 feet to a point on said line; thence still by said line South 5 degrees 59 minutes 42 seconds East a distance of 58.98 feet to a point on said line and again by said line South 4 degrees 51 minutes 06 seconds West a distance of 12.07 feet to a point at line of Lot #53; thence along said line North 88 degrees 21 minutes 32 seconds West a distance of 136.09 feet to a point on the Easterly side of Cottage Court; thence by said Cottage Court by a curve with a radius of 175.00 feet, a distance of 59.50 feet to a point, the place of beginning. BEING Lot #52, Section 1, Mulberry Crossing as recorded in Plan Book 40, Page 142-B. HAVING THEREON erected a dwelling house being known and numbered as 7 Cottage Court. TAX PARCEL #38-21-0289~091 TITLE TO SAID PREMISES IS VESTED IN Chad K. Buser and Rachel Buser, his wife by Deed from Allan W. MacKinnon, Ir. and Pamela A. MacKinnon, his wife dated 1/24/200I and recorded 2/5/2001 in Deed Book 239, Page 109. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-2147 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO HOME MORTGAGE, INC., Plaintiff (s) From CHAD K. BUSER AND RACHEL BUSER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also cVrrected 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 attachmem has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachrnent is found m the possession of anyone other than a named garnishee, you are cYtrected to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $130,441.94 L.L. $.50 Interest FROM 6/12/03 TO 12/10/03 (PER DIEM - $21.44) - $3,880.64 AND COSTS Atty's Corem % Due Prothy $1.00 Arty Paid $142.56 Other Costs Plaintiff Paid Date: JUNE 20, 2003 (Seal) CURTIS R. LONG Prothono~ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 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 WELLS FARGO HOME MORTGAGE, INC. Plaintiff, CHAD K. BUSER RACItEL BUSER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2147 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney t'or the Plaintiffin the above-captioned matter, and that the premises are nol subject to the provisions &Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacanl ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WELLS FARGO HOME MORTGAGE, INC. CHAD K. BUSER RACHEL BUSER Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2147 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO HOME MORTGAGE, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,7 COTTAGE COURT, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cam~ot be reasonably ascertained, please indicate) CHAD K. BUSER 323 E. CRESTWOOD CAMP HILL, PA 17011 RACHEL BUSER 7 COTTAGE COURT MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgmem: 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: Nalne Last Yd~own Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: manle 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 plaintiff has 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 I<hmwn Address (if address cannot be reasonably ascertained, please indicate) 7 COTTAGE COURT MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisbn rg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. June 12, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WELLS FARGO HOME MORTGAGE, INC. Plaintiff, CHAD K. BUSER RACH ~;L BUSER Defendant(s). TO: CHAD I~L BUSER 323 E. CRESTWOOD CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 03-2147 June 18, 2003 RACHEL BUSER 7 COTTAGE COURT MECHANICSBURG, PA 17055 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANYINFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMP T TO COLLECT A DEBT, B UT ONL Y ENFORCEMENT OF A LIEN A GAINST PROPER TY. * * Your house (real estate) at, 7 COTTAGE COURT, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $130,441.94 obta'med by WELLS FARGO HOME MORTGAGE, INC. (the mortgagee) aga'mst 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 Sheriff's 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 fights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the properly as if the sale never happened. 5. You have the fight 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 Shefiffwithin 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 fights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Easterly side of Cottage Cour[ at line of Lot #51 and this lot: thence along the said line North 72 degrees 09 minutes 38 seconds East a distance of 135.65 feet to a point oa line of lands now or formerly of Pulte Home Corporation; thence along said line South 16 degrees 50 minutes 30 seconds East a distance of 34.90 feet to a point on said line; thence still by said line South 5 degrees 59 minutes 42 seconds East a distance of 58.98 feet to a point on said line and again by said line South 4 degrees 51 minutes 06 seconds West a distance of 12.07 feet to a point at line of Lot #53; thence along said line North 88 degrees 21 minutes 32 seconds West a distance of 136.09 feet to a point on the Easterly side of Cottage Court; thence by said Cottage Court by a curve with a radius of 175.00 feet, a dismce of 59.50 feet to a point, the place of beginning. BEING Lot//52, Section 1, Mulberry Crossing as recorded in Plan Book 40, Page t42~B. HAVING THEREON erected a dwelling house being known and numbered as 7 Cottage Court. TAX PARCEL #38-21-0289~091 TITLE TO SAID PREMISES IS VESTED IN Chad K. Buser and Rachel Buser, his wife by Deed from Allan W. MacKinnon, Jr. and Pamela A. MacKinnon, his wife dated 1/24/200t and recorded 2/5/2001 in Deed Book 239, Page 109. ~ PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE WELLS FARGO HOME MORTGAGE, INC. CHAD K. BUSER RACHEL BUSER CUMBERLAND COUNTY KMD No. 03-2147 ACCT. #2598161 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2003 SERVED Se edand de o ,o rd, ,oefendan,,o.,he dayof of Pe~ylvama, in the ~er described below: ~ Defen~nt personally se~ed, ~ ' Adult h~ly member wi~ whom Defen~t(s) reside(s). Re~fio~p is ~ Adult ~ c~ge of Defen~t(s)'s residence who reused to give name or relafio~hp. MamgeffClerk of place of lodging in w~ch Defen~nt(s) reside(s). Agent or ~rson ~ c~ge of Defen~t(s)'s office or usual place of b~iness. ~ officer of said Defendan~s)'s co,any. Other: Description: Age J~ Height ~7# Weight /7~ Race ~Sex~ ~ O~er N. ,, G-ir,aco~etentad~t, be~gdulyswomaccordiagtolaw, depose~dmm~tlperso~llyh~ded a ~e ~d co~ect copy of the N6fice of Shedfff s Sale in ~e m~er as set fo~ here~, issued ~ the captioned case on ~e date ~d at ~e ad&ess ~dicated above. Sworn to and subsc~d ~~ before me t~s ~-Uay ~ M' ~ PLEAS~ATTEMPT S~ICE AT LE~T 3 TIMES. INDICATE ~ATES & TIMES OF SER~CE ATTEM?TED. NOTSERVED On the day of ,200__, at o'clock __.m., Defendant NOT FOUND because: __ Moved __ Unknown__ No Answer --. Vacant 1st Attempt: / / Time: : 2"d Attempt: / / Time: : 3rd Attempt: / / Time: : Sworn to and subscribed before me tbJs __ day of ,200 _. Notary: By: Attorney for ?laintiff Frank Federman, Esquire - I.D. No. 12248 PLAINTIFF DEFENDANT(S) SERVE AFFIDAVIT OF SERVICE WELLS FARGO HOME MORTGAGE, /NC. CHAD K. BUSER RACHEL BUSER CUMBERLAND COUNTY No. 03-2147 ACCT. #2598161 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2003 KMD SERVED Served and made known to . [~at:Ll~. \ ~f~S~:~ ,Defendant, onthe ~'-'~/~ dayof , Commonwealth of Pennsylvania, in the manner described below: ~, Defendant personally served. __ Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place ofbnsiness. an officer of said Defendant(s)'s conqaany. Other: Weight /..~_ Race [I)~ Sex F Other /JO 3]~c:s Description: Age Height ~. ~.o ~.. ~/~ ~. ~,,_,~ ,a competent ad.t. being duly sworn according to ,a~, depose and s~te ~atl 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, Sworn to and subscribed before me this _~_r_ ~"day of ~,o_._~ ~ ,200J .. , ,~ . PLEASE ATTEMPT S~RVICE AT LEAST 3 TIMES. INDICATE D~TES & ATTEMPTED. TIMES OF SERVICE NOT SERVED On the da~ of ,200__, at o'clock __.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Ist Attempt: / / Time: : 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 FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE ATTORNEy I.D. NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WELLS FARGO HOME MORTGAGE, 1NC. CHAD K. BUSER RACHEL BUSER COURT OF COMMON PLEAS CIVIL DIVISION NO: 03-2147 CUMBERLAND COUNTY PRAECIPE TO MARK JUDGMENT TO USE OF PLAINTIFF TO THE PROTHONOTARY: Please mark the judgment in the amount of $28,863.60 in the above captioned matter to the use of SFJV-2002-1, LLC, 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715 2 , FRANK FEDERMA/~, ES~-IRE DATE:Au~st 11,200~33 Attorney for Plaintiff DATE:~00~ ENTRY OF APPEARANCE TO THE PROTHONOTARy: Kindly enter my appearance on behalf of SFJV-2002-1, LLC, 3476 STATEVIEw BOULEVARD, FORT MILL, SC 37915 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~-ELLS FARGO HOME MORTGAGE, VS. CHAD K. BUSER RACHEL BUSER ) CIVIL .ACTION ) ) CIVIL DIVISION ) NO. 03--2147 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for _WELLS FARGO HOME MORTGAGE INC. hereby verify that on June 18 2003 true and correct copies of the Notice of SherifFs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE:_Au~ust 11, 2003 FRANK FEDERM~ - Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA ~ S S: COUNTY OF CUMBERLAND I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which SFJV-2002-1 LLC is the grantee the same having been sold to said grantee on the 10th day of Dec A.D., 2003, under and by virtue of a writ Execution issued on the 20th day of June, A.D., 2003· out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 2147, at the suit of Wells Fargo Home Mtg Inc against Chad K Buser & Rachel Buser is duly recorded in Sheriff's Deed Book No. 261, Page 1716. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this c~,/ ~ day of · A.D2004 h ~'~"~~ d~ ~C~_ RecorderofDeeds Wells Fargo Home Mortgage, Inc. VS Chad K. Buser and Rachel Buser In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-2147 Civil Term Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on September 10, 2003 at 6:25 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: Chad K. Buser, by making known unto Chad Buser, personally, at 323 E. Crestwood, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Rachel Buser, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. DAUPHIN COUNTY RETURN: Served and made known unto Rachel Buser, defendant, on September 22, 2003 at 8:15 am by handing to her personally at 218 North Timber Ridge, Harrisburg, PA 17110. So answers: J.R. Lotwick, SheriffofDauphin County, Pennsylvania Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 10, 2003 at 3:33 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Chad K. Baser and Rachel Buser located at 7 Cottage Court, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Chad K. Buser, by regular mail to his last known address of 323 East Crestwood, Camp Hill, PA ! 701 I. This letter was mailed under the date of October 6, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following maturer: The Sheriffmailed a notice of the pendency of the action to one of the within named defendants, to wit: Rachel Buser, by regular mail to her last known address of 218 North Timber Ridge, Harrisburg, PA 17110. This letter was mailed under the date of October 13, 2003 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 10, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for SFJV-2002-1, LLC. It being the highest bid and best price received for the same, SFJV-2002-1, LLC of 3476 Stateview Voulevard, Fort Mill, SC 29715, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $857.39, it being costs. Sherif£s Costs: Docketing $30.00 Poundage 16.81 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 18.63 Levy 15.00 Surcharge 30.00 Out of County 9.00 Dauphin County 30.50 Law Journal 279.35 Patriot News 263.20 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 857.39 Sworn and subscribed to before me ~/~ ~ ~, )hdb_,~ ' ?~a~ R. Thomas Kline, Sheriff ' ''~ 2004, A.D. Prdthonotary BY ~ Real Estate l{~puty THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office end 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 end 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 es to the time, piece 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 SALE#6 Mem~er, Pe~nsytvar~a ~ssociat~ Of Nota)~ commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 263.20 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general receipt of the aforesaid notice and publication costs and certifies that the same have t~ a mtl~s of ~d~d 2/5t2001 in l~cd Book 23~,1h~ 109. 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 Co)me, Esquire, Editor of the Cumberland Law Joumal, of the County and State aforesaid, being duly swom, according to law, deposes and says that the Cumberland Law Joumal, 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 Joumal 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 advertisc~ment, and that all allegations in the foregoing statements as to time, place and character of publication are tree. REAL ESTATE SALE NO. 6 Writ No. 2003-2~47 Civil Wells Fargo Home Mortgage, inc. VS. Chad K. Buser and Rachel Buser Atty.: Frank Federman DESCRIPTION ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Cum berland and Commonwealth of Pennsylvarfia, more particularly de- scribed as follows: BEGINNING at a point on the Easterly side of Cottage Court at line of Lot #51 and this lot: thence along the said line North 72 degrees 09 minutes 38 seconds East a distance of 135.65 feet to a point on line o£ lands now or formerly of Pulte Home Corporation; thence along said line South 16 degrees 50 minutes 30 seconds East a distance of 34.90 SWORN TO AND SUBSCRIBED before me this 31 day of OCTOBER, 2003_ LOIS E. SNYDER, Notary Put~i~ Cadisle Boro, Cumberland C~only bly Commisaio~ E,~pires Mar~h 5, 2006 Chad K. Baser and Rachel Buser Atty.: Frank Federman DESCRIPTION ALL TI-IAT CERTAIN tract or par- eel of land and premises, situate. lying and being in the Township of Silver Spring in the County of Cum- berland and Commonwealth of Pennsylvania, more par[icularly de- scribed as ibllows: BEGINNING at a point on the Easterly side al'Cottage Court at line of Lot #51 and this lot: thence along the said line North 72 degrees 09 minutes 38 seconds East a distance of 135.65 feet to a point on line al' I~ds now or formerly of Pulte Home Corporation; thence along said line South 16 degrees 50 minutes 30 seconds East a distance of 34.90 feet to a point on said line; thence still by said line South 5 degrees 59 minutes 42 seconds ~ast a distance of 58.98 feet to a point on said line and again by said line South 4 de- grees 51 minutes 06 seconds West a distance of 12.07 feet to a point at line of Lot #53: thence along said line North 88 degrees 21 minutes 32 seconds West a distance of 136 .09 feet to a point on the Easterly side of Cottage Court: thence by said Cottage Court by a curve with a radius of 175.00 feet, a distance of 59.50 l~et to a point, the place of beginning, BEING Lot #52, Section 1. Mul- berry Crossing as recorded in Plan Book 40, Page 142 B. HAVING THEREON erected a dwelling house being known and numbered as 7 Cottage Court. TAX PARCEL #36-21-0289-091. TITLE TO 5AiD PREMISES 15 VESTED 1N Chad K. Buser and Rachel Buser, his wife by Deed from Allan W. MacKinnon, Jr. and Pamela A. MacKinnon. his wife dated 1/24/ 2001 and recorded 2/5/2001 in Deed Book 239. Page 109. ~w~'Marie ~o3;ne, Edito: SWORN TO AND SUBSCRIBE[ 3l dayof OCTOBER, i.O15 £, 8NYOEI:I, Notary C~isle B~o, Cum~fl~d ~ My C~mi~i~ ~ims Ma~ 5,