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HomeMy WebLinkAbout01-06553 "'~< , FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTtFICATIONNO, 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTWF COURT OF COMMON PLEAS CIVIL DIVISION MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff TERM NO, 01- l.,sS3 C:,~\I v, CUMBERLAND COUNTY CAROL J, WElNELL CAROL E, WElNELL 419 NINTH STREET NEW CUMBERLAND, P A 17070 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY IN FORMA TlON 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 attomey 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 TIllS PAPER TO YOUR LAWYER AT ONCE, W 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 #; 9802115 1"..0. . ~ ,;,1" .;..;:,.,,'; ,,,,'-' , ""~""",,""'" """'--""""''ii!ji~itl~~j,:b; . IF TillS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED IFROM 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 ADVJ[CE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. j~ , .-""-~ .- ~ "I, - ~ , . - -,-" 1. Plaintiff is MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE 7105 CORPORATE DRNE PLANO, TX 75024 2, The name(s) and last known addressees) of the Defendant(s) are: CAROL J, WEINELL CAROL E. WEINELL 419 NINTH STREET NEW CUMBERLAND, P A 17070 who is/ate the mortgagor(s) and real owner(s) of the property hereinafter described, 3, On 4/26/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CONTIMORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No, 1539, Page 803, PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same, 4, The premises subject to said mortgage is described as attached, 5, The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/30/00 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, "';''-'''';j\j;mii'iSi:c:t, J '. 6, The following amounts are due on the mortgage: Principal Balance Interest 9/30/01 through 1011/01 (per Diem $24.41) Attorney' s Fees Cumulative Late Charges 4/26/99 to 10/1101 Cost of Suit and Title Search Subtotal $94,990.26 8,958.47 4,000,00 491.59 550,00 $108,990,32 Escrow Credit Deficit Subtotal 0,00 173,72 $ 173,72 TOTAL $109,164,04 7, 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, 8, This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000,00, 9, The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P,S, ~1680.403c, 10, The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i,) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii,) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $109,164,04, together with interest from 10/1101 at the rate of $24.41 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property, ~2~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff '1t . ALL that cer~ain piece or parcel D~ land with the ~mprovemer.ts the::'eon ere-ctecJ. situate in the Boroug:' of' :~ew Cumberland ~ county of Cumberland and State o~ ?ennsy~vania, more pa~ticularly bour.d~d and'oescribed as rollows, to wit: HEGI}JNI::--:G at a po~n'e on the northern line of' Ninth Street. said po~nt being referenced eastwardly>> a distance of 100 feet from the northeastern ~i.ne or Ninth Street 'and 9ra~dt Avenue; thence along the eU$tern 1ine o~ land noW or late OL Kern. ~or~h 30 degrees 15 minutes West, a distarlce or 57.57 reet to a point; thence North 65 degreeo 0 m~nutes West. a distance or 57.58 feet to a point; thence North 59 degree~ 50 minutes Ease, a distance or 113.31 reet to a poInt on the western line of a 10 roo~ alley; thence along the same, South 30 degrees ~O m1~utes East~ a dista~ce or l05 ~ee~ to a po~n~ on the norehe~n l.1ne or ,IJinth St=-eet; t~i.ence along the sa.me.. 30uth 59 degrees 50 m~nutes West, a distance of 80.30 reet to a po!n0, the Place or BEGINNING. PREMISES ON: 419 NINTH STREET " ~ IIlIiIlirr.I ~ , . , , L ;.1 ,;.:;, ,-"'","", . ^'''' . i-r.wr,~:;' , . VERIFICATION BRANDON SCIUMBATO hereby states that he is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INe. mortgage servicing agent for Plaintiff in this matter. that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are tnie and correct to the best of his knowledge, information and belief, The undersigned understands that this statement is made subject to tlie penalties of 18 Pa, C,S, relating to unsworn falsification to authorities, DATE:.-lJ -I S- -01 ~ _~'~~!f~~ftl'\,'l$~ij*ki~~i'lli!J}<jmll,j.;~Ki~jWiJJ-,'!'"~)' ';;'-~~W'"' "".io','ci'!','l-'""-ii;&j..i:......;~m~~liill1i&lii.lR~ """ '~""f"'''''''" "':mCl~' ~"--illJT'"' <..--.., , ,~ ~ --? ~ :\1l:: ~ ...!;) ~ _,\i1!!iI"'~"b"".." "_,, "._.,,'.' ",c...,.., -".',~--<,,.,..,,>' -~..,.<,~. ~,~" J~ . . . (p~ 0 a 0 c:: ~ <'" " ~ "Om :::e 6 n"lfr-; 0 '~ VI Z:;":" "~ j::;:-- :ze:- N -.', ,""" ~ ~~~ Cl ~i~ ~~~5 6 ~ ~ ~c ~;y )>c~ ~ - Z) ~" t5;P ~ ~ ~~ )>0 I:? i5M ~ c:: z '" =< r:- -' b 'D :J;J ..0 ~ -< vt :t::: 'Y '"\ S Sl ) " A ~..~~ ~e, "_~,~~" ,,"j"''''''''~d{_'''' =_ ~'C"~"___~_---" l' . ~~- 1"""'tJ_, tIlHlIIIJ_tIlii'. ~fj~ C.'<"iilml~~i( ( SHERIFF'S RETURN - REGULAR CASE NO: 2001-06553 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUS VB WEINELL CAROL J ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WEINELL CAROL J the DEFENDANT at 1903:00 HOURS, on the 26th day of November, 2001 at 419 NINTH STREET NEW CUMBERLAND, PA 17070 by handing to CAROL E WEINELL, DAUGHTER 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 So Answers: 18.00 11.05 .00 10.00 .00 39,05 r~?~ R. Thomas Kline 11/28/2001 FEDERMAN & PHELAN Sworn and Subsc~ibed to before me this 304 day of By: 7~~ De ty Sheriff "7 "L""""~""'"""""'t~~" -~',- , - ~~_._~ L IiilIlll;&II_~ "~ ~ l, ; -~ .; .L <~ .<,' -"-,,,-;. ,~" "1_iM~;yi', . ( SHERIFF'S RETURN - REGULAR CASE NO: 2001-06553 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUS VS WEINELL CAROL J ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WEINELL CAROL E the DEFENDANT , at 1903:00 HOURS, on the 26th day of November, 2001 at 419 NINTH STREET NEW CUMBERLAND, PA 17070 by handing to CAROL E WEINELL 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 6.00 .00 .00 10.00 .00 16.00 So Answers: ?'~~ R. Thomas Kline 11/28/2001 FEDERMAN & PHELAN Sworn and Subscribed to before By: ;7~ me this 3o-U, day of A.D. ~ " '....." - ""......"'~,,lit;"'.,......~ = ,;1 " ~.~ I " .- ,. ~.~ ~..' ,~ , -< .";';~, FEDERMAN AND PHELAN " , By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 fHILADELPmA, PA 19103-1814 (215) 563-7000 MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE 7105 CORPORATE DRIVE fLANO, TX 75024 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION Plaintiff, v. NO. 01-6553 CAROL J. WElNELL CAROL E. WEINELL Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor ofthe Plaintiff and against CAROL J. WEINELL and CAROL E. WEINELL, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 10/1/01 to 1/14/02 TOTAL $109,164.04 $2,563.05 $111,727.09 I hereby certify that (I) 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. F.Al ~ERMAN~UffiB Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED, ~ DATE: ~ );z. ). f7 ~DO^,--- (] (AL ) e I PRO PROTHY ,,~,..~.~""~~ ,~~~. .""-=o.,~J""",,",, ~." "'~.";...':":.i">'" ,,,'", "iJj'~;"jJj~"'--'W~';) : : , (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE 7105 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 01-6553 CAROL J. WEINELL CAROL E. WEINELL Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on Jd<) '7 20OJ... By~ /A04J P DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESOUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BLVD" SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, IF YOU HA VB PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ,"-.. .,"",.'~",," .. ._--, 1i<:.............dI:Iow" I._~ . I L ~ "".J""",,~,, .". ,~','. .-,-,,~, "' i""'-':.M.liJ'i.-Wi>'f~. FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563 -7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE Plaintiff CIVIL DIVISION CUMBERLAND COUNTY vs. NO.01-6553 CAROL J, WEINELL CAROL E. WErNELL Defendant TO: CAROL E. WEINELL 419 NINTH STREET NEW CUMBERLAND ,PA 17070 ",om r p ;-;'S'i; : ~?~ :'~;' i'~"P, \\,~ ~.lt ijJ~r~Y DATE OF NOTICE: DECEMBER 18. 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTrNG 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 enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 -:;. [7.fl/Ylk {:"" /:.C-,€1/v'Vl(t.~'l Frank Federman,Esquire Attorney for Plaintiff "'" ~. f~ - ""'''"'''''.~_' '. .~ . ~~'~-ii<P.i>iI~~I..~' J~....~,"", I,~ , ~.1, "~" ~ ,~L_ > "'" '" '~ ,1: "--" " ''',\w:>~,''','' "~',,, "-- r't:i(":]';;tf, .. FEDERMAN AND PHELAN, L.L.P. ~ Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE Plaintiff crVIL DIVISION CUMBERLAND COUNTY vs. NO. 01-6553 CAROL J. WEINELL CAROL E. WEINELL Defendant(s) fILE CuPY TO: CAROL J. WEINELL 419 NINTH STREET NEW CUMBERLAND ,PA 17070 DATE OF NOTICE: DECEMBER 18. 2001 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 RECErVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE rs NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGArNST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 -7 1"-' ~ !! 1'7 Ie I iK:- T:-(" r( :l:! \--~(t-{i/ll - . ~' , Frank Federman, Esqulre Attorney for Plaintiff '----~~~ ~ "~~ ,'- . f.'r~. ~'G~~'<~ ~ I , " -L . ~''''~~ ~" ,'."~"'~', "~ ,'" ,iIil'~~~;".;;:,c' ~ FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE 7105 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 01-6553 CAROL J. WEINELL CAROL E. WEINELL Defendant(s). 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 ofthe 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 CAROL J. WElNELL is over 18 years of age and resides at, 419 NINTH STREET, NEW CUMBERLAND, P A 17070 . (c) that defendant CAROL E. WEINELL is over 18 years of age, and resides at, 419 NINTH STREET, NEW CUMBERLAND, P A 17070. This statement is made subject to the penalties of 18 Pa, C,S. Section 4904 relating to unsworn falsification to authorities, ~-J/ ~J FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~iIj*~:i1~~~~.~~~Jki.1q'<';',ii"':;;:"hi#.it-J~-;j';~l1L-~~&ld*~1_~lriilill.~J:~t5iWlllo~i1f~llii;i~i"; "'<,'~',...:, ~'li~ "~ll~[["~';.^" uodlii', J... . t n ~ 0 ~. (Q ~ [',,) ~ it- ~ -,.., ~ ,. '- g .....',"' :.~~: nll'i 2:1',' ~'.- f 7':C ...... (I~,," ~-J 1-) ...... -V r;::C-:'-:.: ~ ~ ~'8, ~~<:J ~ F :::i~ [,.,J (U ~ .-S ..----1 ~g ~. :n - -...0 .-' :5:) ;f: -...l -< co -< ,.~~.~, ._~,"",~,'~,~~~ ~~, '" , .1 <> " m~'~. ~ _..' ~ ~",."~.JI~ ; ,~L -,""" -"ii'!$--"'""<,,"-,, r . PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE Plaintiff, v. No. 01-6553 CAROL J. WEINELL CAROL E. WEINELL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $111,727.09 Interest from 1/14/02 to 6/5/02 (per diem -18.37) $2,607,99 and Costs TOTAL $114,335,07 ~J-R FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property,No. _,i.';;;'~'-~~ikt,;";;:,~~f~~tt~~~mi'fi!iimlt.;;ll*i\I:,j~;,,""",.i':1.;"'i!j'__i""1~."W~(.l",,~,(;ti~~:!Lk!liid_ilijtil~liliill~~lilIb1Mi~JU_--li;Jl .,~,-' . , -~' w. IW~~~~"~~ Q r-- Q r-- .... < ~ ~ ~ sl Jill I"<;:S = Z ~ ~~ ~f:;j 0 u ~~ ... ~ Eo< JiIl;;l ;;l Jill S:(IJ ~~ U Z --d ZZ ...:i...:i ~'F ... OJ O~ Eo<~ ...:i...:i ~ JiIl~ Jill = Jill OJ ~Z '" r:a '" ~~ I"< 0 OJ Z;;;JiIl Z... o;j ..0 o~ <<Jill ~~ .. Eo< ~ Eo< .. rJJ u~ ~"'~ .; ~~ == S .. ..;~ 1"<0 r:a~~ Eo< ~ ...:i...:i Z OJ Ou ;;l~Eo< ~~ ~~ ... ~ ~~ Eo<~ 0.... 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",.,'o,,:ot. a ~3'1:.3.r..C.". o:,~ 5;..53 f'~.;-:: ':;.0, a.. y::~::':;-=---::~":!'~::::~ ::-:::",,,:h 5--;1 -::1e,-:i:~~~ 5C !n.l:-:"..t":~:5~ ~.&~::. a. :'::":;'::.~:":'=~::t 3" wll" a ;::::1:::-;' ~~ ':~= .....~::i':~=-:t 2.':'-"1.11L! .j;:' a. _~:: !"t;C":; a.=-__'!!!:"J; ~~:-:;;-=.;:--=~:.';~.:::;: ::::.~ :$.:!..::":e-,, :=::o~':..:':-:. J'" d.e..Z"~~3 :":J :n.':"~I.;:t:e$ ~3.3:::~ 3.: d..:..s=-a..:-:cc o~ 1..:;5 .~~~:: ::':::l ~ ~-::i.~::. or. ::.~~ ~-o.:-::.ha::'"~ 1..1.:-:.:- o!" :.r:..:-:.::h s-:=--'!!~~; !;:"":.~:-:ce 3.'t.o~~ ::~'" 3a.."':".~1~,~C'~":::1 3? ~e~::'"~~~ 5: ~~r.~~~3 4~3-::~ 1 d~5~a~~~ o~ ac~~s ~~4~ ~~ a' ~.j~~.. ~~~ ?~~~e c~ 3E~=~;~:;;~. ~::"~r..:;- 1~5 PREMISES ON: 419 NINTH STREET ~\;~"';~"-' -::....:~,,;,:;.."''''''''''.~iit!11!~~~~~-!1ik~:<iU>J,!\ii~,~:Jit,,~,:gj4Wi:''-:.1~witqjjj~!i!'_~~1~ai?o1ili~illI!AWi".;-~. ..... ?-J ~ ( ro. /Q.~ ~Crt-!U:-O~ "-l...... 7D(.J ..... "'" ...oCt) (;\; () CI)() .. ~()Q()g~8 f':-~ I) C)t I I I / I '- - Ab>J (2~ ~ c;{ !' " , , .... " .,. " " .... ~ ~ " --,0 ""-J , " " -. ~ ~ ~ 't-/ _"",,""~~""k"""~_~~" " """'"",",, ""'~,."',,, "~,,,C' ,-. ,', ~., .~ ~.'" ~ , ~" ,.. . .~,. -< "'i1.":ili-'""~ "'. '~";"'""~' .~~" .."~~~--~ CJ c: :Z:"'" ~L}l':{"! ;2~i.'.' ~Zl'." (/)3- --<> ~<C' ~8 z ~ .' ", , ,'" '., .:,,'C> ~-) :...) ~J1 CO 2::1 :;:..,. :TJ --< ,~,.,.," " - '~ ~ ~ ~ -~ [, " .>. ; I ,,~~ "-~". 'i<' i>=\, :~~:(,!'_ ~'. . MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION CAROL J. WEINELL CAROL E. WElNELL NO. 01-6553 Defendant(s). AFFIDA VlT PURSUANT TO RULE 3129 (Affidavit No, I) MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE, 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 .419 NINTH STREET. NEW CUMBERLAND. PA 17070. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CAROL J. WEINELL 419 NINTH STREET NEW CUMBERLAND, P A 17070 CAROL E, WEINELL 419 NINTH STREET NEW CUMBERLAND, PA 17070 2, Name and address ofDefendant(s) in the judgment: CAROL J. WEINELL 419 NINTH STREET NEW CUMBERLAND, P A 17070 CAROL E. WEINELL 419 NINTH STREET NEW CUMBERLAND, P A 17070 3, Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. ~~ '" , . ~~ ,..,1' l~ ~,,,,,,...;.;,,.~'.' .".. ,'",<% . ~ ~~ iLili,i--,-, 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITI FINANCIAL, INC. 3401 HARTZDALE DRNE SUITE 126 CAMP HILL, PA 17011 5, Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None, 6, Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 419 NINTH STREET NEW CUMBERLAND, P A 17070 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 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 ofl8 Pa, C,S, Sec. 4904 relating to unsworn falsification to authorities, January 14. 2002 DATE 4~~! FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff .'~~~~~~1ill~$J,;iR"';~1<r--t"IJ*:ctlo~li'i~~t,Jh,.~~8~~~~iIl![,c.'w.w,"_1 ""~ . -=, _<," ~, , . O~~" ~ "%Iif" .- "iHi," --,""'~.~"~ -.;~, ~ry~ ,,' 0~:.- ~(':', Z\~? ","u_, ) ,.:;:~ (~~ (') <;:; ~1 -,.. ". t<,:, " '-' j",-, ~--,.J :Jl CO ~n~ c~~c,~ x...~_~ ''____ ..__. -~~,' .c'~- :" ' ~ ~~",,--J ~~ - J "' -",'-- '1ili.~~4h ~ ~DERMANandPHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CML DIVISION CAROL J. WEINELL CAROL E. WEINELL NO. 01-6553 Defendant(s). 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: o 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 unsworn falsification to authorities, 4--J; tl-- FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~~_w~'.' ~n-lIii:i~1l.~iDj!w~~~~ifj!&;-,'&i;1~M'~""oi,."~'-"'cKi~>W'.~~oI:.'''a1;~'-_JI""-"HilJ~~ii>m/lllld_(' -~litC~ .,j)lJ'~"'''''''''''''M~'~",~,~_ ,~ . _ '. ,~,P"""-~''''''''''~A'~_ '" ,_ o ~~ '!>-,>,~",',=~._~" "",,,,. ",,'-. ,.~,~- "~~llilIi''''' o c ~;~~ ;gl~" ~.- ~j~~' ~ ...._-~: . ~::_" ;'",1 _Zl ~-.J y? 'n ~. CO ~_._- ~~ ~,,-. ...........i " J, '. ~~ ; ,I .' " ' '" "---,;.' -, ">'~ 'f};'.Jillkf.,:s /' , MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE Plaintiff, CUMBERLAND COUNTY No. 01-6553 v. CAROL J. WEINELL CAROL E. WEINELL Defendant(s). January 14, 2002 TO: CAROL J. WEINELL 419 NINTH STREET NEW CUMBERLAND, P A 17070 CAROL E. WEINELL 419 NINTH STREET NEW CUMBERLAND, P A 17070 **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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at. 419 NINTH STREET. NEW CUMBERLAND. PA 17070. is scheduled to be sold at the Sheriffs Sale on JUNE 5. 2002 at 10:00 a.m, in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 111.727.09 obtained by MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE (the mortgagee) against you. In the event the sale is continued, an announcement will bc 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: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due, To find out how much you must pay, you may call: (215) 563-7000. 2, You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered, You may also ask the Court to postpone the sale for good cause, 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale, (See notice on page two on how to obtain an attorney,) = , ' -1',,<', ,__;I, ~ ,'J ",- '_':';.f",~__ - -~-"-~Jli~",~;",;' i' -. 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 ifthe 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 ifthe sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you, 6, You may be entitled to a share of the money which was paid for your house, A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale, This schedule will state who will be receiving that money, The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed, 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 /..- , ... ~__ ena: =.~~A~~ p~.~~ 0= ~~==~~ t:-.~::'~'~:":. e:-.l!-=::.....i :5.:'C"':'.::L:;'~ ~.. ,,:::::ct 30::'"<::"':'.'7:. =_~:~=~A~C ~~ 3::.~~~ o~ ?~~~3J~~~:":.~~' a~d ~~~C:~~~~ 15 ~~4~O~S. ~O ~~~: c;" ~a.::.C .~~'::: --.... :,:::;:;-'::~.7.~::-:~ C~ ~:e''''' :;"::';":':'O<!;'"=--a..:-:.~. ';;=:~''::'J .~;~ :r:.O::"""!" ?a.:"'-::~=''';':a.=-::; OCJ.;-.~~ S::;'';=-:I:I=~;::; a.::. a.. _:tJO~::::: Or. t.."1'" :1.0=-"::'l~::"'7': :.::.;"..<:!' 0::' ::~=:.':.::" S":=-~~-: sa~.i ;:0':'.::-:: b~':':lo r"f9~~:""~::ced. ~.~-::.....~=-d.:'Y, a d:'3':.:a.:-:,ce ";}!: _....J t-t'-;!:'::::, :-:,:-::.~ ':.::1~ r:o:---;:':~3.Z::~=--:"- .:..::.:!~ of: N':'::::::'~ .3--=:'llI~": 1.~=' 9'=-3.~~': A'..-e::--..:...~; :'~-:t~"!' ~.~<.',". :::::":0- :r.e- .a,:::'':;-::~~ ::'~d" 0:''' ~a.::.:i no',.r-'cr- :.:i~~ Q: X>:!~. :":0'=-:::. -Ie =.~;:=-~*::: =~ ~~~~2~i)~::~~~:~;~~;~~:~:~~lf~~~:~1~~::;~~~~~~~i~~~~i!~~~~=~~~'~ ~~:~,~ .__ ""~ '"..~"..=-~ L~"''' ,,;: & :C~ ::"",,-;: 3.:'~"7; ~,-,."=,, a.:=~'; o~ ''''''''. or, ,,-,,, ~;;,,;~;~~~3 :.~~" "';';:"~1~~;"~~;'..:o7~~~:~~: ~:-,,;.~~ ~;:;O;,,~.~, 't;~;~o ,? ..:.e';=-~~::' s:: :i:~:o.~":~3 -;;,..:;.-:::.. :iL c,:.:s-:::'~~=~ c~ 3G.):::__ ~fl"!':, 3..;:~~~:' -:-.;~ ? :3."::~ o:.~ 3S.J'=~~:-I=:;'::';. PREMISES ON: 419 NINTH STREET ~j. ";'''';'-_11~~fi!i~~~i:lJi~Ui!iO~ili~Sii-'1!._;~~'~{'k,i;l'nr.R~,:,j'''~1l~Li';;""it~~~'M~~_" ' ~!Illl~<-'-" '~~"-" ...g!I-~~-" ~"~,~ .,,~ ,,',", =,~.,'.'-3!'H~ _,~~,~"=_~,' ,,,,,,.. "-,~~,,,,~ ".,,,,~,,,.,c__,,, ,~_ ~"~ '---iL G ~~; V5~'-_ ~ ~:::::: ..,> --- ,/l" ..,<~=..:: ..- ~::.~ :::s ,-<~ ." ,~ , illllii!fr; A , C":', ,,,-; -.J , , -,,, ,:)'1 {}:> ~,~,,",~j " FEDERMAN AND PHELAN BY: FRANKFEDERMAN IDENTIFICATION NO, 12248 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE vs, COURT OF COMMON PLEAS CNIL DIVISION CAROL J. WEINELL CAROL E, WEINELL NO, 01-6553 VFR TFTC: A nON I hereby certify that a true and correct copy of the Notice of Sheriffs Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to the following personCs) CAROL J, AND CAROL E, WEINELL on 4/2/02 at 419 NINTH STREET, NEW CUMBERLAND, P A 17070 in accordance with the Order of Court dated, 3/22/02, The undersigned understands that this statement is made subject to the penalties of 18 P A. C.S, s4904 relating to unsworn falsificaton to authorities, ~,? ~f FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF DATE: April 8, 2002 ( - '; . ~-Th.' "~ _..~j-, A W - -1 ~ '" " :;. "- c; '" '" ~ 0 :. ~ 0 " .2 t:: . " 0 ~ 0. 0- v 0 o,~ ~ ... , " -1 ~ "- 0 ~ "- ~ "- ::;' 2 ~ 0 0. 0 ~ 0 tj 5- ~ ~ ~ ~ 0.., 1'-< ~ -, - 0 1'-< -. 0 ::s :;; I I I ~ . ~".'"" --~. . "'.., " ~ =-3 o . '< . o _ o 0 ~" ... o , Z . 3 o ~ " ~ ~: Ii ,- 0:3 ~ ::: ~ ;:l g ~ g ~ >l :. ~ -':, =- ... == "" f':> 0 = =.:: :s,., c. 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()...,. =..~, - p 1>. \'6~070L ..L ..L 1..= ~ " _0,_ .~i0-~~i1', ~ ;; Q>z ....,... t:l rnQ:= g ;:;; ;:: Co '" :: ~ III C. , *2>- l . , , ;:;" , * , 0 0 , 2';:"(jZ::~ ~~>~I.O::o: "2;::1<:2.-, ....-0,...,-::; (j:zl';":~~ ;:j~~=.:... ...-.....::=tn-< :::Or.n~~..;t""l ~~~2~2 i'~Z;...~l"':l p.L-'l~:z":'c ~ -l r-- ~~ c ;; ;; " o .., o " o ., o . 2 . 3 " '":l-l~ ~~~ . - c."'=t""l .g.~~ ~r;;; ~[2 >- ~ K:o ::0::::: ::; ~ [! N =-' , , ,. [2 o '" o o ,. 0. 0. ~ o ," g: ,; ,!? . o 0. ~ o S o " ,. 0. s;- o ~ ~ " " o t~\lA. . . r:~~ '. , S:-." , ~ ~\ ~ -> C-/_h~,j , /~,;"'-(j/ ~ '::'" '-':'1' (tJ;lJ ii~~-:.~,,;./ 1"-.;., , .~ ~ -l.. "-~ 4 . ~~ ~.~';i'>:..;: ,...;,,\~:.'-:~ '1..-r",..:-~ . .~:::".:: ,,-: ".. ,,":'''".' 7160 3901 98~~ 70~2 6359 TO: CAROL J, WEINELL 419 NINTH STREET NEW CUMBERLAND, PA 17070 SENDER: KMD SALES WEINELL 1'~ERENCE: I '. I 1""11"1 , 'Vie f June 2000 },'postage i~ Certified Fee Return Receipt Fee estricted Delivery Ti:)tal Postage & Fees US Postal Service , Receipt for Certified Mail No fnSl,Jrance Coverage Provided Do Not Use for International Mail ,iJ!lOi\ Iiil&iit' /.-::.> ,r' j, ".t_ 7160 3901 98~~ 70~2 636b TO: CAROL E, WEINELL 419 NINTH STREET NEW CUMBERLAND, PA 17070 SENDER: KMD REFERENCE: SALES WEINELL PS Form 3800 June 2000 RETURN Postage RECEIPT ' SERVICE Certified Fee , Return Receipt ~ee Restricted Delivery Total Postage & Fees US Poslai Service Receipt for Certified Mail No Insurance Coverage l='rovided Do Not Use for International Mail " (, "'-~~"";' -"'tw' ,,~, -~%-,{1;; , ~. ' " . ., .'., ~ ~. ,::: \ . ,(,.""., ~';~ ;~_'ift'ifd4-J~l~S.~i!;&~i>lE<<;",,~K,"'~;'l;>,~~~Jli;i~~~4r,';,b'i''''J ;<h<,;,i'<i&;~:i-;,r"_~hM~i.\l<',,,,~ "'!"'h" i.f~""".~~U1ill1iiift!~~~~I~~~ . '"IF ~~LL rUl~~ !L!IJ!JrL:i!L:u.,..,~^""-",<,~,_""y,, ,',,",",,", ,~ '" "~~ ~_ <-." .' 'Y' ~. .^~ ", ,,",~, , [if"' "~". ,'~",'"'- (') c :s: -ocr-: rnry, --::;> ~,.-; ~~-~ --< ,< ~C; :P "-', z"-' j;~ z ::<! _1,," ~ . o I'~ "'" -0 :;'(J o -n .'n r ,,,:rn ~::JC] , , i 'g~ , . ~~ 5J -< &'- -0 _~',Io<o ':'? N ,W -""'i '/f:"--":'-::' ,,,,1' 'I;! ~: I '; 'qW.,~if l'" "I~ ~,; Jo {:s 81'/ i!!c, ';-, - i-~~'_ = ~~"- ,~ ,~- .....I 1-' 'L' ~ I ;""'.'';; . ~ ~, ~~. " ~,~~ ~"",""''''4-..~~,'''~;4~'i:->M;,:, l, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA RE: MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE ) ) CIVIL ACTION vs, CAROL J, WEINELL CAROL E. WEINELL ) ) CIVIL DIVISION NO, 01-65f3 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE hereby verify that on 1/16/02 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, Notice of Sale was sent to the Defendant(s) on 1/16/02 by certified mail return receipt requested see Exhibit "B" attached hereto, DATE: April 16. 2002 ~AAJLJL~j~ FRA K FEDERMAN, ESQUIRE Attorney for Plaintiff " ~~".~'~ - -- '~"I~i_llIiIiiIIIIliIlIl" _,~.. ~,.J , .: ~ -_.~- --....... I I I I I I ,.~~ -',~.',r\"..,..,....~... J~...... _. ; g""..../.- 'S.-.....~-~.. _~ '.t()'"I~ ~~-, ~ "" :0, "-i~'oi'& ~ ",.(41 U.S.POSTAGE E Q... -.. .h.~ ir.;~. r~ \~ .t~~&~1 .....r; . P!l. "P8",,,,,- .00::: -' ,6D68360L, .: . , .:: r ! . 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".,,, .....'< .~,r'.'"_ P.,_ ~~__ , ,~~."v__ o C ? -r.1CU n"lf""", ~:i~-' G=:'C' ~~ Z -4 -< o N "'" -'3 :::D II lmSi ~ ." ,.0 o -n j~ ..,'""'11 '-~i,~X3 -'~:(~ ~ "~'. ii~ ::oi ':0 "< -"C.~ ~"',,. r;? ~ (,) 65 (lif n .<~' "'*.....~_" .'-"~ 'O".~-",",,-liIll1l11 - '.oJ. ~ ~ ~ dO' ~ l '. - ~~,~~ ...._""""*~'-~,9 "~:i.~,",,,y FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQtmRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION, SUIrE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 g(; 2002 COURT OF COMMON PLEAS CIVIL DIVISION MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE CUMBERLAND COUNTY No,: 01-6553 vs, CAROL J, WEINELL CAROL E, WEINELL ORDER ~ AND NOW, thijhay ofM, 2002, upon consideration of Plaintiff's Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above captioned Defendant( s), CAROL J. WEINELL and CAROL E, WEINELL, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to Defendant's last known address and the mortgaged premises, Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiff's attorney, who will file with the Prothonotary's Office an Affidavit of service, BY THE COURT: J, ~ ~f-4 li; j~ ;j~.~ Lj-> . ~-~-, ~- -~,.~-,"<~~ "< ~ ~",- ^ - /78 -0 02 :2 ~ {\] i ,1 : C'I" - ulv,<~l3 -.. i Y l)Ei'.J>~S'(,-\// ,j',,:A i;;""'"'" llJll:~ l ifwrJ:,!_.",""",~~W'~~I!l!~~~J!!:4'W~r'W"""''"''''S';ll,w:r,:;e,;:'!,;;:"'f,-'-j~l"':F-!:",p_-'Wi1-t~~mi'ffll!!/'1'l~!\l.'!ll~-[Ii~~~, .,...,~i~..," :.J~~' ~1Ii<m~~-.' - . ~ l,. "I --.., "'f-''-l'C~,'';j",<-';1j'''',l1.'.<l~';- FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO, 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COURT OF COMMON PLEAS CIVIL DIVISION MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE CUMBERLAND COUNTY No,: 01-6553 vs, CAROLJ, WElNELL CAROL E, WElNELL MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Frank Federman, Esquire, moves this Honorable Court for an Order directing service ofthe Notice of Sale upon the above captioned Defendant(s) by certified mail and regular mail to Defendant's last known address, 1, Attempts to serve Defendant with Notice of Sale have been unsuccessful, as indicated by the Affidavit of Service attached hereto as Exhibit "A," 2, Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit nB. n WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service ofthe Notice of Sale by certified mail and regular mail to Defendant's last known address, -;;----1 ~L FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF ,-"',,,.,,; ..,~~"",,",'".,,,"~~~" '. . - ,~......I . ~ ,- - . ,~ ,,~ -" ~; , '~-;!~,4'<'~""-,",~"'~~i"",,,. . FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO, 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE No,: 01-6553 vs. CAROL J, WEINELL CAROL E, WEINELL MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430( a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service, The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made, Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs, Polis, 238 Pa, Super, 362, 357 A,2d 580 (1976), "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address," Adoption of Walker, 468 Pa, 165,360 A.2d 603 (1976), An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C,F,R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Affidavit of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Notice of Sale, A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Good Faith Investigation, marked Exhibit "B," WHEREFORE, Plaintiff respectfully requests service of the Notice of Sale by certified mail and regular mail to Defendant's last known address, Respectfully submitted: ~ 1.. -;hd~~ RANK FEDERMAN, ESQUIRE ATTORNEY FORPLAINTWF " -iIllIti;- ~ -~. '- . .~I ~ ~"""'^ 'iIIl'1~~- I~M~(""&>".,,,,,~"":OMt; VERIFICATION FRANK FEDERMAN, ESQUIRE, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF THE NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subj ect to the penalties of 18 Pa, C,S, Sec, 4904 relating to unsworn falsification to authorities, "?-~ '1-uL.. FRANK FEDERMAN, ESQUIRE ATTORNEY FORPLAINTWF ..',_-....~".... ~ ~" ~ , ~ . 't , ~...J",..~ '....>~~~..~ - ,I ._." ' B~""'~lr,>~,"a'~' ~-'--',.,,\ .""~" ~ FEDERMAN AND PHELAN By: FRANK. FEDERMAN, ESQUIRE IDENTIFICATION NO, 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 COURT OF COMMON PLEAS (215) 563-7000 CIVIL DIVISION MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE CUMBERLAND COUNTY No,: 01-6553 vs, CAROL J. WEINELL CAROL E. WEINELL CERTIFICATION OF SERVICE I, FRANK. FEDERMAN, ESQUIRE, hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individuals indicated below on March 12,2002, CAROL 1. WEINELL CAROL E. WEINELL 419 NINTH STREET NEW CUMBERLAND, P A 17070 -;;Z~ -;;Zk-. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Date: March 12,2002 "~ - i' j' '-, )n - ~- ill , ~,'~,'ik,,~h:-', AHIVAVlT OF SERVKE PLAINTIFF MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE CUMBERLAND COUNTY. :rptr No. 01-6553 DEFENDANT(S) CAROL J. WEINELL CAROL E. WEINELL ACCT. #9802115 SERVE CAROL E. WEINELL AT 419 NINTH STREET NEW CUMBERLAND, P A 17070 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 5, 2002 SERVED Served and made known to , Defendant, on the day of ,200~ 1 o'clock_.m., at , Commonwealth at of Pennsylvania, in the manner described below: Defendant personally served, Adult family member with whom Defendant(s) residers), Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship, Manager/Clerk of place oflodging in which Defendant(s) residers), 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_ Height_ Weight_ Race Sex Other I, , 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, Sworn to and subscribed before me this _ day of , 200_, Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPED. NOT SERVED On the ,;leA day of -:ra ",,,,, {I,( ,200 2, at / ['(o o'clock~,m., Defendant NOT FOUND because: ~ Moved Unknown No Answer Vacant Other: A ~c.o ~ J", 'N ") 40 IV t; ') \" b (') ) w ""'j.) ~ e \ \ 5 {.UO\le. 6 .h F(fj<,:' J.... r 1M.. "d':'l a . Sworn to and subscribed before me this~day ~ -j ~ of ~",,,-, , 200 ~ (] Notary: Et...;,cJ.u,l.h. -rn~ By: U Attornev rQ Plaintiff Frank Federman, Esqnire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kenuedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 EXHIBIT UAII ~ -..-..' < "",,,~,J' NOTARlALSEAL C1171BETH M. JOHANSSON, NoIaIy PubIc Gr8eI\81Wp., Franklin County My Can\mi88illn &pir8I Dee. 19, 2005 ,G~ , " , , "",~"L ""~ " ~.~ ~.' _L', J ".u_ i I "' - .....,"''"''','''''-''''-'"'4*'c~''':! . . PLAINTIFF AFFIDAVIT OF SERVICE MANUFACTURERS M'lD TRADERS" TRUST COMPANY AS INDENTURE TRUSTEE CUJvffiERLAND COUNTY No. 01-6553 ACCT. #9802115 DEFENDANT(S) CAROL J. WEINELL CAROL E. WEINELL Type of Action - Notice of Sherifrs Sale SERVE CAROL J. WEINELL AT 419 NINTH STREET NEW CUMBERLAND, P A 17070 Sale Date: JUNE 5, 2002 SERVED Served and made known to , Defendant, on the day of ,200~ ,o'clock _,m., at . Commonwealth at of Pennsylvania, in the manner descnbed below: Defendant personally served, Adult family member with whom Defendant(s) reside(s), Relationship i. Adult in charge of Defendant(s)'s residence who refused to give name or relationship, Manager/Clerk of place oflodging 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_ Height_ Weight _ Race Sex Other I, , 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, ~ ,.;!c':"1 ~o ;:;;:d 3ubscribed before me thiS _ day of ,200_, Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPED. NOT SERVED On the ;1 c {i. day of --J;". Q ~ rti , 200~ at (I.'lfo o'clockE.,m, Defendant NOT FOUND because: -L Moved Unknown No Answer Vacant Other: ACt.t\~;N., ~<l tv....i~\,,\,.r<.S I \;V~..""~"\\5 lA.AOV~~ e\a P.ot<:;j~ I W'o, '850. Sworn to and subscribed before me this ...2.2!day of $....".,,'1 ' 200 2- Notary:~ -rY\, ~BY: Attornev M Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 ' (215) 563-7000 ~~~g EXHIBIT UAg ~ _, J NOTARIAlSfAL. PubIc 8.1ZABETH M. JQHANSSOtoI, NQ1aIy Gl8en8lWp., FranIlUIiCaUl:!lY.2OlI5 My Cla,.lII",m ElqiIIII)Ic. 19. J}-r , -~ '. "I, __'_><,_""'""''''';,;~~''". - '",~ .., """""'",',.:%o4,,,,'t"~~' EKLDATA,INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: File Number: Attorney Firm: Federman & Phelan Subject: Carol J, Weinell Property Address: 419 9th Street New Cumberland, P A 17070 Last Known Address: 419 9th Street New Cumberland, PA 17070-1513 Current Address: 419 9th Street New Cumberland, PA 17070-1513 EXHIBIT "B" Last Known Number: 717-774-4552 George H, Lewis, lll, being duly sworn according to law, deposes and says: 1. I am employed in the capacity ofpresident ofEKL DATA, INC, 2, On March 1, 2001, I conducted an investigation into the whereabouts of the above named defendant(s), The results of my investigation are as follows: Credit Information. A. Social Securi ty Number Carol J. Weinell: 265-48-7911 B. Employment Search: Could not locate any employment information for the above named subject at this time. C. Inquiry of Creditors: The creditors indicated that Carol J. Weinell resides at 419 9th Street, New Cumberland, PA 17070-1513, II. Inquiry of Telephone eompany A. Directory Assistance Search: The Telephone Company has C. J. Weinelllisted with an address of 419 9th Street, New Cumberland, PA 17070-1513, The phone number is 717-774-4552. III, Inquiry of Neighbors Contacted Mr. Woodruff of 417 9th Street, New Cumberland, PA 17070-1513 and verified that Carol J. Weinell does indeed reside at 419 9th Street, IV, Inquiry of Post Office A, National Address Update: As of March 1, 2001 the National Change of Address has no forwarding ret:ord for Carol J. Weinelllisted at419 9th Street, New Cumberland, PA 17070.1513. V, Inquiry ofDMV The Pehnsylvania Department of Motor Vehicles has Carol J. Weinelllisted at 419 9th Street, New Cumberland, PA 17070-1513, ""i --..... .~ ~ . " ~ ~ ~ 'J " ~ lllii:lItI<~,,"""2'"~,"')F. EKL DATA, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION VI. Other Inquiries A. Death Records: As of March 1, 2001 the Social Security Death ludex has no death record on file for Carol J. Weinell under her socialsecurity number. B. Public Licenses None found C. County Voter Registration: The county does have Carpi J. Weinelllisted as a registered voter with an address of 419 9th Street, New Cumberland, PA 17070-1513. D. A.K.A.: Carol E. Weinell E. D.O.B.: Carol J. Weinell: 04-21-36 F. Miscellaneous Infonnation None EXH1SIT_"B" /--------; ( //. ~\ /fr7 ~. Affiant George H Lewis III ~Cribed and sworn before me March 1,2001. ~O~ r:~ Public (~ ..~-~.."-,,~-_._--- 1 l'l{"'~':>l'-'I :-;'1-"1 I .>; .',~'< :Q :~_c_. , l Ellen K. lew~s. :\IOTary P'.lb1!c J Lower Merion Twp., MontgomGry Court',: f ~Jly Commission EX9ires Feb. 24, 21i(Kj j_ EKL DATA, INC. 01423 SUFFOLK LANE 0 WYNNEWOOD, PA 19096 Tel.: 1-888-829-57680 Fax: 610-649-26370 email: ekl-data@home.com ..&.' ~H;Bi'-'1o:' "J<'''''<'';''''!~~~~j,[1iji'r~0iMri"1il<r',<-i'~~'''Ci'l'-' '-'lh,>-""~,.ht-t~'-Pi"W'---,,,~,~.i!~~~U~Iii~' .llIn _ "~__"<"", ~,,~~"_",_'~,"'<f""'0_,"'~_,_, _,~_> .~,_~'" ,-.~ .' ..' '-" -,^" ,-, ~~ ~- ." """'~~-"' '-..-- o ~- -ot,; CTi(;'- L", / f' ~?)". ~\: ~;r;; );.'c':': 2"': :;< ~~ ~ -.,' ~, i'<3 '-..J> ;~~-:. :;'~J ('''.'. N ':? ...~., '.0 -,,< ~'EI , . . l'-:) n () ::-1 5J -~ E:s 61/ ! .~ ~ ~j ~, -"",~I~, .~ - ~ ~, l; ,- ~ "~ -,. ~1Iti~"~"2"""",-'!;;I!;ilf; . STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, ______________________________________________________________________________Ilecorderof Deeds in and for said County and State do 'herdly certify that the Sheriff's Deed in which ________________ MAnufactures and Traders Trust Co Tr . ___________________________.________________________________________________________ ~thegrantee the same having been sold to said grantee on the ____.?_t..J:_______________________________________ day of June 2002 ________________________________________ A. D., ; _____, under and by virtue 01 a wriL_____________ Execut ion . 17th _________________________________ _____ ___ _ ______ ISSued on the ________ __On ___ ____ ____ ________ _ _ ___ January day of __________________________ A. D., 2002 .. _____, out of the Court of Cornman Pleas of said County as of 2001 Civil ______________________________... _________ ________ _________ _____________ ____ ____ ___ Term, : . 6553 Manufactures & Traders Trust Co Tr Number ______________, at the suit of _______________________________________u______________________ Carol J Weinell & Carol E Weinell ____________________________w______against__________________________________.____________.____ m 252 1572 duly recorded in Sherifr. Deed Book No. ____________, Page ____________. IN TESTIMONY WHEIlEOF, I have hereunto d and seal of said office this d..'i_t!:__ day 01 Deeds -- ,,,",,, L_.._ - ~~.- 1 '"" ~"' .. ,-, i J, "'- ~-'~ (... ~"'=,""',_~(;1',-:. Manufacturers and Traders Trust Company As Indenture Trustee VS Carol E. Weinell and Carol 1. Weinell In The Court of Common Pleas of CwnberIand County, Pennsylvania Writ No. 2001-6553 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice and Description in the following manner: The Sheriff mailed a notice of the pendency of the action by Certified Mail, Return Receipt Requested, Restricted Delivery, Deliver to Addressee Only to one of the within named defendants, to wit, Carol 1. Weinell, to her last known address of6168 Old Hickory Road, Crestview, FL 32539-7211. This letter was mailed under the date of March 13, 2002. Carol J. Weinell received the Iytter on March 18,2002. Return receipt card was returned to the Cwnberland County Sheriffs Office on March 21,2002 signed by Carol J. Weinel1. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice and Description in the following manner: The Sheriff mailed a notice of the pendency of the action by Certified Mail, Return Receipt Requested, Restricted Delivery, Deliver to Addressee Only to one of the within named defendants, to wit, Carol E. Weinell, to her last known address of6168 Old Hickory Road, Crestview, FL 32539-7211. This letter was mailed under the date of March 21, 2002. Carol E. Weinell received the letter on March 25, 2002. Return receipt card was returned to the CwnberIand County Sheriffs Office on April 1,2002 signed by Carol E. Weinel1. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2002 at 2:25 o'clock P.M., E.S.T., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Carol J. Weinell and Carol E. Weinell located at 419 Ninth Street, New CwnberIand, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Carol J. Weinell, by regular mail to her last known address of6168 Old Hickory Road, Crestview, FL 32539-7211. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff s Office. Il;I , ~~ ""'=~~" '~ ~ ~ (, ;,' A &J.'-.'~'''I ~_",'i'^,,'''-<,*'';''''C~>;*'' i....- .~ -'.--"' p R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Carol E. Weinell, by regular mail to her last known address of 6168 Old Hickory Road, Crestview, FL 32539-7211. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, whp being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5, 2002 at 10:00 0' clock A.M., EST. He sold the same for the sum of$1.00 to Attorney Frank Federman for Manufactures and Traders Trust Company as Indenture Trustee. It being the highest bid and best price received for the same, Manufactures and Traders Trust Company as Indenture Trustee of 7105 Corporate Drive, PIano, TX 75024, being the buyer in this execution, paid SheriffR. Thomas Kline the sum of$698.18, it being costs. Sworn and subscribed to before me This ,)6 'E. day o~ 2002, A.D. g~,-,-, D. ~, ~ ro onotary Sheriff s Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $30.00 13.69 15.00 15.00 30.00 10.00 .50 1.00 23.46 16.53 15.00 30.00 223.55 193.75 24.20 25.00 30.50 $698.18 paid by attorney 06/19/02 ~~ R. Thomas Kline, Sheriff ~ ~. GJ 3~' 7'i \ ,SO ?;t-'l l, <{I Ckv l"lI (</ ByJ~~ - . ~ L,;;.L___ -0''''';'' """'>""J.<","'1IlP"'...k<!<";E'(<&l:~; MANUFACTVRERS ANDTRAIDERS TRUST COMPANY AS INDENTURE TRUSTEE . CUMBERLAND COUNTY , '" , Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION CAROL J. WEINELL CAROL E. WEINELL NO. 01-6553 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE, 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 .419 NINTH STREET. NEW CUMBERLAND. PA 17070. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CAROLJ. WEINELL 419 NINTH STREET NEW CUMBERLAND, P A 17070 CAROL E. WEINELL 419 NINTH STREET NEW CUMBERLAND, PA 17070 2. Name and address of Defendant( s) in the judgment: CAROL J. WEINELL 419 NINTH STREET NEW CUMBERLAND, P A 17070 CAROL E. WEINELL 419 NINTH STREET NEW CUMBERLAND, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address~annot be reasonably ascertained, please indicate) None. . -=~ ,_.~~~ ~......_~ 1-., ,1,-- . -,;. 1_.1& In._~~'-~ . - ~~M=~~~ii . 4. Name and address of last recorded holder-6f every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) cm FINANCIAL, INC. . 3401 HARTZDALE DRIVE SUITE 126 CAMP HILL, PA 17011 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if addreso cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 419 NINTH STREET NEW CUMBERLAND, P A 17070 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 1 verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 14. 2002 DATE -4 --Y ~J, FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ...,- _~ ~___ ._ . '" L , " ,~ i_ .1,-... '._ "~.-,-, " - W" -~o.tl\!llr..>j,',,;:,-"fcl;~-, f' I' MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE r Plaintiff, CUMBERLAND COUNTY No. 01-6553 v. CAROL J. WEINELL CAROL E. WEINELL Defendant(s). January 14, 2002 TO: CAROL J. WEINELL 419 NINTH STREET NEW CUMBERLAND, P A 17070 CAROL E. WEINELL 419 NINTH STREET NEW CUMBERLAND, P A 17070 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at. 419 NINTH STREET. NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriff's Sale on JUNE 5, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of111,727.09 obtained by MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE (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 Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) ~'1: . ~. ~ ~ i' ~, -,.;1 ~OIilli~-",,~;,'_""'-diit:i'f-, ; t' /' 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 property as if the sale never happened. s. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER 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, P A 17013 (717) 249-3166 (800) 990-9108 j", ..4-- ~__ ;nA~ ~~~~a~~ p~.~~ O~ ~ar=4~ ::~-::::,~.,:.~ ~.:-~<:'::.lItJ _li:...l.:....:..~~-3'. ;:.=, ':.::.-aO~'-::'::::a~ ~_~:~~:a~c ~~ 3~~::d d~ ?~~~s7~~~~~~. 3.r.=. ~~sc;"-:.O..-::. .1.5 ,:"'a~:_O-:.;,r3,~ :.::> ';o(~::: c:.~ --=~A~C. .",~ -:.:; --..... :..:=-.--::;:-.; .-Ee-.""";.t.t:-.':S C~ ~;.e:.", :::.....::-...::...=-:.8.:-:.:.. ';.-;;~-,,:-~.. ,::;.' :":":0 =-~ _ ?a=-=-:. ~.::...::.:' -a.=-:,:t :;) ~ .;:-: ~:.:. S:;';=-:-::I=~tG a.~ a: iJO:='::'C :;:)r. t:-.~ :lc::--:'~'l~::-:-: :.~:-:.... 0::' ::~::.":~ S":=-o/~':. $A~~ ?O~~= ~~~~J r~~~~ecced ~~3~~~:~:7. a a:"3~a~c. ~~ :::0 ~~~ ~~~~ '::;~<i: ~c=''::::>5az::~;:-:-:. ':'~::'$ of: N!..:"".=~ S-:.=..~-;. ~-:~ S"':-3.::.d.-:. 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PREMISES ON: 419 NINTH STREET ~,~" ~ 1_.1 '.I riflI -~..I1iJ"U~~...QU,"","",c1'''''=\'~'''''',~~d',(<i' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) ". COUNTY OF CUMBERLAND) NO 01-6553 Civil CML ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due MANUFACTURERS AND TRADERS TRUST COMPANY AS INDENTURE TRUSTEE PLANTIFF(S) From CAROL J. WEINELL, CAROL E. WEINELL, 419 NINTH STREET, NEW CUMBERLAND, PA 17070 (I) 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 property of the defendant( s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. AmountDue $111,727.09 L.L. $.50 Interest FROM 1/14/02 TO 6/5/02 (pER DIEM - 18.37) $2,607.99 AND COSTS Atty's Corom % Due Prothy $1.00 Arty Paid $127.05 Other Costs Plaintiff Paid Dffie: JANUARY 17,2002 CURTIS R. LONG Prothonotary, Civil Division ....By: 40/>0" - P. 7f/l/u)tJ;~ REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BOULEVARD, SUITE 1400 PIDLADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 12248 ,,:,,',e-'-" ;-'-i"';J.:d,iAl;_-:-.;;r.i.""ilJ..~liL<1:>i.lli'1?-';;',N_'+'-i0T;w,,,_,j&F;"-"""";~Hi.,}id,._'lW.,ri-*!iiii@i4iifl@~~~)jJ!!lL ._~ ,R~~L ESTATE SALE No. -; On February 6, 2002, the sherifflevied upon the defendant's interest in the real property situated in Borough of New Cumberland, Cumberland County, P A, known and numbered as 419 Ninth Street, New Cumberland, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 6, 2002 By: Jo~ S~ Real Estate Deputy ~.. ~ ~ "jI,IH"l J C: ,nl'd Il 11'1/\ ",_J",I'o"J -, --, ~- ; -- ""',i ZO, l!~ EO II rZ IIVr UNi',G:..' '. .', ."irlO ~~1l13HS Olell.1O 3nl;j~O - ~- .~ .I~, -" _~~_'G~ ~ - . -" f, ""~ - .i-.J." - ~,,", " _ c -~~'~""".~~, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: APRIL 26, MAY 3,10,2002 Mfiant further deposes that he is authorized to verifY this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 10 day of MAY, 2002 NO LOIS E. SNYDER. Nobly PublIc , Carlisle Boro, Cumbertand CounlY .. '!rf Commis8ion Expims Man:h 5. 2005 '~<"'.o~'=', - r, REAL ESTATE SALE NO.7 WrIt No. 2001-6553 Civil Manufacturers and Traders Trust Company as Indenture Trustee vs. Carol J. Weinell and Carol E, Weinell Atty.: Frank Federman ALL that certain piece or parcel of land with the improvements thereon erected situate in the Bor- ough of New Cumberland, County oLCwnberland and State of Penn- sylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern line of Ninth Street, said point being referenced eastwardly, a distance of 100 feet from the nort..~- eastern line of Ninth Street and , Brandt Avenue: thence along the eastern line- of land now or late of Kern. North 30 degrees 15 minutes West. a distance of 57.57 feet to a point; thence North 65 degrees 0 minutes West. a distance of 57.58 feet to a point; thence North 59 de- grees 50 minutes East, a distance of 113.31 feet to a point on the west- em line of ala foot alley; thence along the same, South 30 degrees 10 minutes Eas.t, a distance of 105 feet to a point on the northern line of Ninth Street; thence along the same, South 59 degrees 50 minutes West, a distance of 80.30 feet to a point. the Place of BEGINNING. PREMISES ON: 419 NINTH STREET. - """"""I;I~~~"'" --_-..~- ~ ~ ~... ~- #1i1l11 ...=-r '\ , "'-~-"'~ " ~I .. "~~~ti..u:__~j;"'<:""'",, ",0..,,",':,$,": THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in tMir regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded In the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy S ALE #7 ~~....................................................... Swor. . efore me t' 17th day of M 200 A.D. Notarial S.al Tony l. R\lSll~, Nota'Y Pub Harrisburg, Dauphin Cou My Commission ExpifesJune 6, 2002 0 ARY PUBLIC Member, PennsylVania AssO€iation 01 /1lA1lIlitInmission expires June 6, 2002 CUMBERlAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTl-lOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 192.00 1.75 193.75 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav 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. By..............................................,..................... . HEAl ESTAre SALE N~.7 ~ . . Wril No. 2001-6553 E'~-'~ c~ci';ffterm - ~.' - ---~ Uanufacturem and ~ -""l'racl$)J.'(rtisfCo..' =- __ a,sli1denture Trustee =-..: ;:;=- _. --'\is ji:t-~~ Carol J.Wi'inellantl : - :=-. ,carol E. Welnoll ~~: Frank Fe<lerman _DES 0/>1- ~-tlilitcertampieceorparcel ofland with the ~1Jijpibvements thereon ermed. situate in the IB)Jr~'-ug!l.:. of New Cumberland, County of m-mhedand and "State of Penn~ylvania. more ~i:ularlY boUnded and, deScnOed as follows, to - ~JOJNNiNd at ~ pOint on the northern fine of ~_~iiif1j Street, said point being referenced ~r:ii!dlY, a distance of 100 feet from the _ 0 -ea-s'tem line of Ninth Street and Brandt ~.:ye:n~'1l1enceaJODg!be eastern litle__oflandnow ~ late of Kern, North 30 degrees 15 minutes ges-ca,distance of 57.57 feet to a point; thence ':'lforth -65 degrees 0 minutes Wes~ a distance of ~7 S8 feet to a point; thence North 59 degrees SO ~l!1~s Eas&-\l- distance of 113.31 feet to a point ~ori:'ilie we~eorj'me Qia 10 'flJ9f all~;_ ilience~along~-ilie same., -South 3C degrees 10 minutes ~-.-1_a distance of 105 feet to a point on the ~ noriliern line of N'mth Street; tbence along the ~~_soutb 59 qegrees 50 minutes West, a ~ ilistaiic!; Qf 8030 fe;et to a point; the place of , BEGINNING. . ~ES_ON:4191,mthS_