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HomeMy WebLinkAbout03-2726COUNTRYWIDE HOME LOANS Plaintiff VS. DAVID M. FRUHWIRTH 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CiVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant Tills FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TIlE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days alter the 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 claim in the Complaint of for any other claim or ralief 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICAR10, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 COUNTRYWIDE HOME LOANS, Plaintiff VS. DAVID M. FRUHWIRTH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW : ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff COUNTRYWIDE HOME LOANS, Plaintiff VS. DAVID M. FRUHWIRTH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ~)~,q., ,Z. "/;L ~ : ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, COUNTRYWIDE HOME LOANS, is a Corporation, acting through its servicing agent of Washington Mutual Bank, FA, with an address of P.O. Box 1169, Milwaukee, Wisconsin 53224. 2. Defendant, DAVID M. FRUHWIRTH, is an adult individual, whose last known address is 4185 KITTAT1NNY DRIVE, MECHANICSBURG, PENNSYLVANIA 17055. On or about, June 26, 1998, the said Defendant, executed and delivered a Mortgage Note in the stun of $87,400.00. The Said Note is not accessible to Plaintiff and is believed to have been lost. In further answer thereto, a copy is believed to be in the possession of Defendant. Plaintiff also avers that the within Mortgage foreclosure complaint is based upon the Mortgage and that the attachment of a copy of the Note is unnecessary pursuant to Rules 1019(h) and 1141(a) of the Pennsylvania Rules of Civil Procedure. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant, made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to COUNTRYWIDE HOME LOANS and will be sent for recording. The Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 4185 KITTATINNY DRIVE, MECHANICSBURG, PENNSYLVANIA 17055. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on January 01, 2003 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $82,561.39 Interest at $14.70 per day From 12/01/2002 To 07/01/2003 ( based on contract rate of 6.500%) $3,572.09 Accumulated Late Charges $304.44 L~e Charges $27.89 From01/01/2003 to 07/01/2003 $223.12 Escrow Balance $170.98 Attomey'sFee~5% of Principal Balance TOTAL $4,128.07 $90,960.09 **Together with interest at the per diem rate noted above after July 01, 2003 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of Intention to Foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 6.500% ($14.70 per diem), together with other charges and costs including escrow advances incidental thereto to thedate of~heriff's Sa~date of heriff's Sale and for foreclosure and sale of the property within described. By: PURCEL~RL~ & HALLER Leon P. H~iller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) VERIFICATION I, the undersigned hereby verify that I am a representative of the plaintiff and I am authorized to make this Verification. I hereby verify that the facts set forth in the foregoing Complaint are tree and correct to the best of my information and belief and that this statement is made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unswom falsification to the authorities. Name: Dean LaRocha Title: Asst. Secretary Company: Washington Mutum! Bank FA SHERIFF' S RETURN - REGULAR CASE NO: 2003-02726 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS VS FRUHWIRTH DAVID M BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PRUHWIRTH DAVID M DEFENDANT , at 2014:00 HOURS, at 4185 KITTATINNY DRIVE MECHANICSBURG, PA 17055 GREG ABLE, ROOMMATE a true and attested copy of COMPLAINT - on the 12th day of June by handing to the , 2003 MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.97 Affidavit .00 Surcharge 10.00 .00 36.97 Sworn and Subscribed to before me this ~ ~ day of So Answers: R. Thomas Kline 06/13/2003 PURCELL ~UG ~LLER .... Debt, Sheriff SUSQUEHANNA VALLEY FEDERAL CREDIT UNION formerly known as WEST SHORE TEACHERS FEDERAL CREDIT UNION Plaintiff NATHAN E. CUZA Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - 02736 CIVIL CIVIL ACTION - LAW PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint filed to the above term and number and return same to the undersigned for service upon Defendant by the Sheriff of Douglas County, Nebraska. TO Cumberland County Prothonotary Dated: July 22, 2003 Robert D. Kodak Attorney for Plaintiff Attorney I.D. No. 18041 COUNTRYWIDE HOME LOANS, : PLAINTIFF : : VS. : DAVID M. FRUHWIRTH, : DEFENDANT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 2726 IN MORTGAGE FORECLOSURE P R A E C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendant DAVID M. FRUWIRTH for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance Interest (Per diem of $14.70 from 12/1/02 to 7/1/03) Accumulated late charges Late charges ($27.89 per month to 7/03) Escrow Deficit 5% Attorney's Commission $82,561.39 $ 3,572.09 $ 304.44 $ 223.12 $ 170.98 $ 4,128.07 TOTAL $90,960.09** ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. Leon P. Haller PA I.D. 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ~15700 COUNTRYWIDE HOME LOANS, PLAINTIFF VS. DAVID M. FRUHWIRTH, DEFENDANT CIVIL ACTION - LAW NO. 2003 2726 IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on JULY 10, 2003 I served the Ten Day Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. Leon P. Haller PA I.D. Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front St. Harrisburg, PA 17102 ~15700 COUNTRYWIDE HOME LOANS, Plaintiff VS. DAVID M. FRUHWIRTH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2726 CIVIL TERM CIVIL ACTION LAW IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: JULY 10, 2003 TO: DAVID M. FRUHWIRTH 4 185 KITTAT1NNY DRIVE MECHANICSBURG, PA 17055 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 LEON/P/H)kLI[~R, Attorr!ey for Plaintiff I.D. #(~5700 1719 1~I. Front St., Harrisburg, PA 17102 (717) 234-4178 COUNTRYWIDE HOME LOANS, PLAINTIFF DAVID M. VS. FRUHWIRTH, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLJIND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 2726 IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: YOU are hereby notified that on ~0~ /~ ~q)~ the following judgment has been entered against'you in the above- captioned matter: $90,960.09 and for the sale and foreclosure of your property located at: 4185 KITTATINNY DRIVE, MECHA/~ICBURG, PA 17055 Dated: Attorney for Plaintiff: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 fsi PROTHONOTA~U ~ I hereby certify that the following person(s) addresses are the proper individuals to pursuant to PA R.C.P. No. 236: and their respective receive this Notice David M. Fruhwirth 4185 Kittatinny Drive Mechanicsburg, PA 17055 COUNTRYWIDE HOME LOANS, PLAINTIFF DAVID M. VS. FRUHWIRTH, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 2726 IN MORTGAGE FORECLOSURE P RA E C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendant DAVID M. FRUWIRTH for failure to plead to the above action within twenty (20) days from date of service of the Complain%, and assess Plaintiff's damages as follows: Unpaid principal balance Interest (Per diem of $14.70 from 12/1/02 to 7/1/03) Accumulated late charges Late charges ($27.89 per month to 7/03) Escrow Deficit 5% Attorney's Commission $82,561.39 $ 3,572.09 $ 304.44 $ 223.12 $ 170.98 $ 4,128.07 TOTAL $90,960.09** ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KR~ f Leon P. Haller PA I.D. 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 %15700 K:\MKF\DOCS\CUMBERLA\FRUH.~ COUNTRYWIDE HOME LOANS, PLAINTIFF VS. DAVID M. FRUHWIRTH, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 2726 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant(s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn t9 and subscribed before/~e t~ ~ day o 60 NOTARIAL SEAL MARYLAND K, FERRETT1, Nolary latlt~l~ Lower Paxton Twp,, Dauphin County My Commies-ion E~l~e~ Aug. 8, 200e LEON P. HALLER, ESQUIRE WRIT OF EXECUTION and/or ATTACHMENT COMMO~EALTH OF PENNSYLVANIA) NO 03-2726 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYIVIDE HOME LOANS Plaintiff (s) From DAVID M. FRUHWIRTH, 4185 KITTATINNY DRIVE, MECHANICSBURG PA 17055. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 4185 KITTATINNYDRIVE, MECHAN1CSBURG PA 17055 (SEE LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $90,960,09 L.L. $.50 Interest TO 12/10/03 ~ $27.89 per diem -- $2,352.00 Atty's Corem % Atty Paid $118.,97 PlaintiffPaid Date: SEPTEMBER 10, 2003 (Seal) REQUESTING PARTY: Name LEON P. HALLER, ESQ. Address: 1719 N FRONT ST HARRISBURG PA 17102 Attorney for: PLA/NTIFF Telephone: (717) 234-4178 Supreme Court 1D No. 15700 Due Prothy 1.00 Other CostsESCROW DEFICIT = $2,000.00 LATE CHARGES $27.89/month -- $139.45 CURTIS R. LONG Protho~taly By 3 4L~-~ D~puty (.J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2003 2726 CIVIL COUNTRYWIDE HOME LOANS, PLAINTIFF VS. DAVID M. FRUHWIRTH, DEFENDANT ( S ) TOTAL AMOUNT OF JUDGMENT $90,960.09 Interest at $14.70 per diem to sale date $ 2,352.00 Late charges at $27.89 per month to sale date $ 139.45 Escrow Deficit $ 2,000.00 TOTAL $95,451.54' *SALE DATE: WEDS.,DEC. 10, 2003 (PROTHONOTARY'S USE) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution Date: September 9, 2003 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 1.7102 (717) 234-4178 in the above captioned case. PA I.D. #15700 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND : TO THE SHERIFF OF CUHBERLAND COUNTY: Te satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 4185 KITTATINNY DRIVE, MECHANICSBURG, PA 17055. Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY K/MKF/DOCS/CUMBERLA/FRUH W AIL THAT CERTAI~ lot or tract of land situate in H,~MPDEN TOWNSHIP in the COUNTY OF CUMBERZAND and the COMMONWF. ALTH OF PENNSYLVANL~, more particularly bounded and described as follows, to wit: BEGIlVNI~G at a point on the southern right-of-way line of Kittetirmy Drive (64 feet wide private), at the dividing lin~ of Lot No. 88 and Lot No. 87, said point also being located 733.18 feet West of the southwest corner of Kktat'umy Drive and Tussey Court; THENCE by line of Lot No. 88 and passing through the eenterline of a partition wall South 07 degrees 57 minutes 58 seconds West 100.00 feet to a point; THENCE by land of Mountain View Village Hom~ Owners Association North 82 degrees 02 minutes 02 seconds West 20.00 feet to a point; THENCE by lin~ of Lot No. 86 and passing through the center partition wall North 07 degrees 57 minutes 58 seconds East 100.00 feet to a point on the southern right.of-way line of Kittafinny Drive; THENCE by said right-of-way line South 82 degrees 02 minutes 02 seconds East 20.00 feet to a point, the place of BEGRCNI~G. CONTAII'q~G 2,000 square feet. BEING Lot No. 87 on the Final. subdivision Plan of Mountain View Village, Phase IV. Recorded in Plan Book 60, Page 87B. HAVING THEREON ERECTED A DWELLING HOUSE KNOWN AS 418S KITTATINNY DRIVE, MECHANICSBURG, PA 1705S ASSESSMENT ~10-15-1285-137 BEING THE SAME PREMISES WHICH David M. Fruhwirth and Jill R. Swartz, by deed dated 11/19/99 and recorded 11/23/99 in Deed Book 211 Page 977 granted and conveyed unto David M. Fruhwirth. TO BE SOLD AS THE PROPERTY OF DAVID M. FRUHWIRTH ON CUMHERLA/qD COUNTY JUDGMENT NO, 2003 2726 COUNTRYWIDE HOME LOANS, PLAINTIFF DAVID VS. FRUHWIRTH, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 2726 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug &Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 4185 KITTATINNY DRIVE, MECHAIqICSBURG, PENNSYLVANIA 17055: 1. Name and address of the Owner(s) or Reputed Owner(s): David M. Fruhwirth 4185 Kittatinny Drive Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Advanta Finance Corp. 4813 Jonestown Road Suite 205 Harrisburg, PA 17109-1751 Household Realty Corporation 25 Gateway Drive Gateway Square - Suite 107 Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: LrNKNOW/~ K: MKF!DOCS\CUM BE RLA!FRU H PTF 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: UNKNOWN 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: TENANTS IF ANY ... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Bonnie J. Pruhwirth c/o James A. Miller, Esquire 2010 Market Street Camp Hill, PA 17011-4703 Bonnie J. Fruhwirth 4185 Kittatinny Drive Mechanicsburg, PA 17055 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. ~I=eoT~. Hailer PA I.D. #15700 Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 {717) 234-4178 DATE: September 9, 2003 COUNTRYWIDE HOME LOANS, PLAINTIFF DAVID M. VS. FRUHWIRTH, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 2726 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: TIME: LOCATION: WEDNESDAY, DECEMBER 10, 2003 10:00 O'clock A.M. Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 4185 KITTATINNY DRIVE MECHANICSBURG CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the amount of $90,960.09 under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2003 2726 CIVIL THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: DVID M. FRtrHWIRTH A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1, You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MI3ST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & PLALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 .ALL THAT CERTAIN lot or tract of land situate in HdM2DEN TOWNSHIP in the COUNTI' OF CUMBERLiND and h'~ COMMONWE4LTH OF PENNSYLVANIA, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern right-of-way linc of Kitmtinny Drive (64 fe~t wide private), at the dividing line of Lot No. 88 and Lot No. 87, said point also being located 733.18 feet West of the southwest comer of KitIatinny Drive and Tussey Court; THENCE by line of Lot No. 88 and passing through the eenterliae of a partition wall South 07 degrees 57 minutes 58 seconds West 100.00 feet to a point; THENCE by land of Mountain View Village Home Owners Assochtion North 82 degrees 02 n~inutes 02 seconds West 20.00 feet to a point; THraaNCE by lke of Lot No. 86 and passing through the center partition wall North 07 degrees 57 minutes 58 seconds East 100.00. feet to a point on the southern right-of-way llna of KittatinuyDriv¢; THENCE by said right-of-way line South 82 degrees 02 minutes 02 seconds East 20.00 feet to a point, the place of BF..GIA'NING. CONTAINING 2,000 square feet. BER~IG Lot No. 87 on the Final. subdivision Plan of Mountain View Vilhge, Phase IV. Recorded in Plan Book 60, Page 87B. HAVING THEREON ERECTED A DWELLING HOUSE KNOWN AS 4185 KITTATINNY DRIVE, MECHA_NICSBURG, PA 17055 ASSESSMENT #10-15-1285-137 BEING THE SAME PREMISES WHICH David M. Fruhwirth and Jill R. Swartz, by deed dated 11/19/99 and recorded 11/23/99 in Deed Book 211 Page 977 granted and conveyed unto David M. Fruhwirth. TO BE SOLD AS THE PROPERTY OF DAVID M. FRI/HWIRTH ON CUMBERLAND COUNTY JUDGMENT NO. 2003 2726 COUNTRYWIDE HOME LOANS, PLAINTIFF DAVID M. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW FRUHWIRTH, : NO. 2003 2726 DEFEND/kNT : IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I h%~e de Desired in the U.S. Mails at Harrisburg, Pennsylvania on/~/~/2'- Y2~ , a true and correct copy ef the Notice of Sale of'Real Estate--pursuant te PA R.C.P. 3129.1 to the Defendants herein and all lienhelders of record by regular first class mail (Certificate ef Mailing form in compliance with U.S. Postal Perm 3817 is attached hereto as evidence), and also te the Defendants by Certified Mail. Service addresses are as fellows: David M. Fruhwirth 4185 Kittatinny Drive Mechanicsburg, PA 17055 Advanta Finance Corp. 4813 Jonestown Read Suite 205 Harrisburg, PA 17109-1751 Household Realty Corporation 25 Gateway Drive Gateway Square - Suite 107 Mechanicsburg, PA 17055 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Bonnie J. Fruhwirth c/o James A. Miller, Esquire 2010 Market Street Camp Hill, PA 17011-4703 Bonnie J. Fruhwirth 4185 Kittatinny Drive Mechanicsburg, PA 17055 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 2344178 FORECLOSURE DEPT. FAX (717) 234-1206 (717) 533-5836 JOSEPH NISSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD NOTICE TO: David M. Fruhwirth 4185 Kittatinny Drive Mechanicsburg, PA 17055 Advanta Finance Corp. 4813 Jonestown Road Suite 205 Harrisburg, PA 17109-1751 Household Realty Corporation 25 Gateway Drive Gateway Square - Suite 107 Mechanicsburg, PA 17055 Domestic Relations Office Cun~berland County Courthouse Hanover & High Streets Carlisle, PA 17013 Bonnie J. Fruhwirth c/o James A. Miller, Esquire 2010 Market Street Camp Hill, PA 17011-4703 Bonnie J. Fruhwirth 4185 Kittatinny Drive Mechanicsburg, PA 17055 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of tlhe within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you ~an opportunity to protect your interest, if any, by be_9.Z~otified of said Sheriff's Sale. ///~ '~-"~cyrr"'~. Hall_r PA I.D.15700 Atterney fer Plaintiff A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff {for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty {30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE O~' YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE ~T.~, TO BE SOLD OR TAKEN T~ PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU I~UST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County~ The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator,s Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN lot or tract of land situate in ]'ir.4Mt'DE~ TOWNSHIP in the COUNTY OF CUMBEP. L,4ifD and the COMMONWE,~TH OF PENNSYLVANIA, more particularly bounded and d~scribed as follows, to wit: BEGINNING at a point on the southern right-of-way line of Kittatinny Drive (64 feet wide private), at the dividing lin~ of Lot No. g8 and Lot No. g7, said point also being located 733.18 feet West of the southwest corner of YAttatinny Drive and Tussey Court; THENCE by line of LOt No. g8 and passing through the centerline of a pagition wall South 07 degrees 57 minutes 58 seconds West 100.00 feet to a point; THENCE by land of Mountain View Village Hotoe Ownem Association North 82 degrees 02 minutes 02 seconds West 20.00 feet to a point; THENCE by line of Lot No. 86 and passing through the center partition wall North 07 degrees 57 minutes 58 seconds East 100.00 feet to a point on the southern right-of-way line of Kittatinny'Drive; THENCE by said right-of-way line South 82 degrees 02 minutes 02 seconds East 20.00 feet to a point, the place of BEGINNING. CONTAINING 2,000 square fe~t. BEING Lot No. 87 on the Final. subdivision Plan of Mountain View Village, Phase IV. Recorded in Plan Book 60, Page 87B. HAVING THEREON ERECTED A DWELLING DRIVE, MECHANICSBURG, PA 17055 ASSESSMENT #10-15-1285-137 HOUSE KNOWN AS 4185 KITTATINNy BEING THE SAME PREMISES WHICH David M. Fruhwirth and Jill R. Swartz, by deed dated 11/19/99 and recorded 11/23/99 in Deed Book 211 Page 977 9ranted and conveyed unto David M. Fruhwirth. TO BE SOLD AS THE PROPERTY OF DAVID M. FRUHWIRTH ON CUMBERLAND COUNTY JUDGMENT NO. 2003 2726 Re: Ctrywide v. Fruhwirth Cumberland 12/10/03 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer Postage: 1719 Nerth Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: David M. Fruhwirth 4185 Kittatinny Drive Mechanicsburg, PA 17055 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail Advanta Finance Corp. 4813 Jonestown Road Suite 205 Harrisburg, PA 17109-1751 addressed to: Postmark: U. S. POSTAL SERVIC~ CERTIFICATE OF ~4AILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Household Realty Corporation 25 Gateway Drive Gateway Square - Suite 107 Mechanicsburg, PA 17055 $ O0 90o U. S. POSTAL SERVICR CERTIFICATE OF MAILINC _(In compliance with Postal Ser~~ Received from: Purcell, Krug &Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Postmark: ~. S. POSTAL SERVI~E CERTIFICATE OF MAILIN~ lin compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail Bonnie J. Fruhwirth c/o James A. Miller, Esquire 2010 Market Street Camp Hill, PA 17011-4703 addressed to: Postmark: ~. S. POSTAL SERVICF CERTIFICATE OF MAILINC (In compliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Bonnie j. Fruhwirth 4185 Kittatinny Drive Hechanicsburg, PA 17055 Postage: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Zie~ler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Countrywide Homes Loans 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 10th day of Sept, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 2726, at the suit of Countrywide Homes Loand against David M Fruhwirth is duly recorded in Sheriffs Deed Book No. 261, Page 2814. IN TESTIMONY WHEREOF, Ih~e~hereunto set my hand and seal of said office this C5 day of ~-~~~,/j , A.D2004 ~ ~ Recorder o f Deeds Countrywide Home Loans VS David M. Fruhwirth In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-2726 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on September 25, 2003 at 2:41 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: David M. Fruhwirth, by making known unto Gregory Abel, adult room mate of defendant and adult in charge, at 4185 Kittatinny Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on October 10, 2003 at 9:21 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of David M. Fruhwirth located at 4185 Kittatinny Drive, 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 the within named defendant, to wit: David M, Fruhwirth, by regular mail to his last known address of4185 Kittatinny Dr., Mechanicsburg, PA 17055. This letter was mailed under the date of October 9, 2003 and never returned to the Sheriffs 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 Leon P. Haller for Countrywide Home Loans. It being the highest bid and best price received for the same, Countrywide Home Loans of P.O. Box 1169, Dept. 2665, Milwaukee, WI 53201, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $770.85, it being costs, Sheriff's Costs: Docketing $30.00 Poundage 15.11 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 20.70 Levy 15.00 Surcharge 20.00 Law Journal 297.95 Patriot News 207.19 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 770.85 Sworn and subscribed to before me So Answers: This /,2~ day of /~JL~,~,.¢ ?"~"-~~ f.~-4 -~ /, R. Thomas Kline, Sheriff 2004, A.D. ~ot~~,,cPt~' l~eYalEstate~)~puty THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAc{ No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 28th day(s) of October and the 4th and 11th day(s) of November 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Rook "M", Volume 14, Page 317. PUBLICATION ia ] Mot~n~n' View Ville Swo~"'~O~d s~ubscribed before~.~le)this 19th day ~"Noverr~2003 A.D. ~ ~ Ha~sburg, uau~n ~unE , ~ _ ~ - ~ - My ~is~ Expires June 6, ~ ~ NO~RY PUBLIC ~m~r, Penns~vania ~n ~ ~s My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 207.19 Publisher's Receipt for Advertising Cost ;o,, publisher of The Patriot-News and The Sunday Patriot-News, newspapers of genera~ dge receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Joumai, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz; OCTOBER 17, 24, 31, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. REAL ESTATE SALE NO. 64 Writ No. 2003-2726 Civil Countrywide Home Loans VS. David M. Fruhw/rth Atty.: Leon P. Hailer ALL THAT CERTAIN lot or tract of land situate in HAMPDEN TOWN- SHIP in the COUNTY OF CUMBER- LAND and the COMMONWEALTH OF PENNSYLVANIA, more particu- larly bounded oa~d described a.s fol- lows, to wit: BEGINNING at a point on the southern right-of-way line of Kittatinny Drive (64 leer wide pti vate), at the dividing line of Lot No. 88 and Lot No. 87. said point also being located 733, 18 feet West of the southwest corner of Kittatinny Drive and Tussey Court; THENCE by line of Lot No. 88 and passing through the centerline of a partition wail South 07 degrees 57 minutes 58 seconds West 100.00 feet to a l~oint; THENCE by land of Moun- arie Coyne, r SWORN~O AND SUBSCRIBED before me this 31 .day of OCTOBER, 2003_ Dasd M. Fruhwirth Atty.: Leon P. Hailer ALL THAT CERTAIN tot or tract of land situate in HAMPDEN TOWN~ SHIP in the COUNTY OF CUMBER- LAND and the COMMONWEALTH OF PENNSYLVANIA, more pm'ticu- larly bounded and described as foi~ BEGINNING at a point on the southern right-of-way line of KittaBnny Drive 104 feet wide pti vatel, at the dividing lixm of Lot No. 88 &nd Lot No. 87, said point also being located 733.18 feet West of Drive and Tassey Court; THENCE by line of Lot No. 88 and passing through the centerlme of a partition wail South 07 degrees 57 minutes 58 seconds West 100,00 feet to a point; THENCE by lmnd of Mour~- tain View Village Home Owners As~ sociation North 82 degrees 02 rain~ utes 02 secouds West 20,00 l~et to a point: THENCE by line of Lot No. 85 and passing through the center partition wall North 07 degrees 57 minutes 58 seconds East 100.00 feet to a point on the southern right-of-way line of Kittatinrty Drive; THENCE by said right-of-way line South 82 degrees 02 minutes 02 seconds East 20.00 feet to a point. the place of BEGINNING. CONTAINING :2,000 square feet. BEING Lot No. 87 on the Final subdivision plan of Mountain View Village, Phase IV, Recorded in Plan Book GO, Page 87B. HAVING THEREON ERECTED A DWELLING HOUSE KNOWN AS 4185 KITTATINNY DRIVE. ME- CHANICSBURG, PA 1.7055, ABSESSMENT #10-15-1285-187. BEING THE SAME pREMISES WHICH David M. Fruhwh-th and dill R. Swartz, by deed dated 11/10/ 90 smd recorded 11/20/99 in Deed Book Eli Page ~77 granted and conveyed unto David M. Frcthwtrth. TO BE SOLD AS THE PROP- ERTY OF David M. Fruhwirth on Cumberland County Judgment No. 2003 2728. __day of LOIS E. SNYD' Cmll~e Bom, ¢ IVl,/Commiss~ i