Loading...
HomeMy WebLinkAbout99-03419 ? p C[ PI _ y F U Sri `n W--. ? c??S la V 00oc•ess (sIZ) 20161 Vd'apdIOPENd Mold JOIUQO uuad Oml 006 aj!nS Mf13Hd ONV NVWd303A FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION MATRIX FINANCIAL SERVICES CORPORATION 201 W. COLLIDGE STREET PHOENIX, A2 85013-2710 V. Plaintiff TERM No. 9q• 3Y1 R exi" e I L? EDWARD J. HEFFERNAN, III MIRIAM GAYE HEFFERNAN, A/K/A MIRIAM G. HEFFERNAN 139 NORTH ENOLA DRIVE ENOLA, PA 17025 Defendant(s) CUMBERLAND COUNTY CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1. Plaintiff is MATRIX FINANCIAL SERVICES CORPORATION 201 W. COLLIDGE STREET PHOENIX, AZ 85013-2710 2. The name(s) and last known address(es) of the Defendant(s) are EDWARD J. HEFFERNAN, III MIRIAM GAYE HEFFERNAN, A/K/A MIRIAM G. HEFFERNAN 139 NORTH ENOLA DRIVE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 4/22/86 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to SOVRON MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 811, Page 50. By Assignment of Mortgage dated 8/1/88 the mortgage was assigned to NORTHEAST SAVINGS which Assignment is recorded in Assignment of Mortgage Book No. 356, Page 151. By Assignment of Mortgage dated 11/15/95 the mortgage was assigned to WEST STAR FINANCIAL CORPORATION which Assignment is recorded in Assignment of Mortgage Book No. 509, Page 753. By Assignment of Mortgage dated 2/1/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 551, Page 833. 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 11/1/98 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 10/1/98 through 511/99 (Per Diem $9.93) Attorney's Fees Cumulative Late Charges 4/22/86 to 5/1/99 Cost of Suit Subtotal Escrow Credit Deficit Subtotal TOTAL and Title Search $34,540.06 2,125.02 1,727.00 103.38 550.00 39,045.46 0.00 0.00 0.00 $39,045.46 7. The attorney's fees set forth above are in conformity the Mortgage documents and Pennsylvania Law, and will collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior Sale, reasonable attorney's fees will be charged. with be to the 8. Notice of Intention to Foreclose has been sent to Defendant(s) by Certified Mail, as required by Act 6 of 1974 of the Commonwealth of Pennsylvania on the date(s) set forth in the true and correct copy(s) of such notice(s) attached hereto as Exhibit "A." 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $39,045.46, together with interest from 5/1/99 at the rate of $9.93 per dies to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosurt/s/l/i sale of the mortgaged property. ?^+?- F rank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Northwesterly line of North Enola Drive, formerly Summit Road, 190.761 measured Southwardly along the line of North Enola Drive from the Southeasterly extremity of the arc or curve connecting the Southern line of Dauphin Street with the Northwestern line of North Enola Drive; thence along the Northwestern line of North Enola Drive South 39 degrees 10 minutes 23 seconds West twenty five and forty five-one thousandths (25.045) feet to a point; thence North 49 degrees 35 minutes West one hundred two and fie hundred fifty-four one thousandths (102.554) feet to a point; thence North 50 degrees 18 minutes 2.72 seconds East thirty two and five hundred ninety one-one thousandths (32.591) feet to a point; thence South 45 degrees 38 minutes East ninety six and one hundred ninety five-one thousandths (96.195) feet to a point, the place of BEGINNING. HAVING thereon erected the Northern one-half of a two and one-half story frame dwelling known as No. 139 North Enola Drive, Enola. BEING Tax Parcel # 9-14-0832-191. VERIFICATION MICHAEL R. SCHLAFF hereby states that he is VICE-PRESIDENT of MATRIX FINANCIAL SERVICES CORPORATION 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 true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of is Pa. C.B. Sec. 4904 relating to unsworn falsiflication to authorities. DATE: (-12.11', SHERIFF'S RETURN - REGULAR CASE NO: 1999-03419 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MATRIX FINANCIAL SERV CORP VS. HEFFERMAN EDWARD J III ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT IN was served upon HEFERNAN MIRIAM GAYE A/K/A HEFFERNAN MIRIAM G the defendant, at 20:18 HOURS, on the 9th day of June 1999 at 108 BEECHCLIFF DRIVE MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to MIRIAM HEFFERNAN a true and attested copy of the NOTICE AND COMPLAINT IN together with MORTGAGE FORECLOSURE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answer: Docketing 6.00 Service .00 Affidavit .00 Surcharge 8.00 i'I' omil-as iZl?ne, Srif- $14.uu FEDERMAN & PHELAN 06/11/1999 by % ?j%?m /l 1 ?. . -Deputy eri Sworn and subscribe to before me this _&ez" day of 19L?q A.D. 44-- . ? s CASE NO: 1999-03419 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MATRIX FINANCIAL SERV CORP VS. HEFFERMAN EDWARD J III ET AL TIMOTHY REITZ , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AI4D COMPLAINT IN was served upon HEFFERMAN EDWARD J III the defendant, at 15:45 HOURS, on the 8th day of June 1999 at 139 NORTH ENOLA DRIVE ENOLA, PA 17025 CUMBERLAND County, Pennsylvania, by handing to EDWARD J. HEFFERMAN a true and attested copy of the NOTICE AND COMPLAINT IN together with MORTGAGE FORECLOSURE and at the same time directing His attention to the contents thereof. Sheriff's Costs- Docketing answer': Docketing 18.00 ZZr ': Service 9.00 Affidavit Surcharge 8.00 R:^Ih?m s i 5 e i S3Ti?U-FEDER & PHELAN 06/11 1999 by _CTJ Sworn and subscribed to before me this //?-' _ day ofC 199 9 A.D. 1 tl t Od y FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 900, Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 MATRIX FINANCIAL SERVICES CORPORATION ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY vs. NO. 99-3419-CIVIL EDWARD J. HEFFERNAN, III MIRIAM GAYE HEFFERNAN, A/K/A MIRIAM G. HEFFERNAN PRAECIPE TO ATTACH DOCUMENTS TO THE PROTHONOTARY: Kindly attach the Exhibits to the Complaint filed on or about June 8, 1999. FEDERMAN & PHELAN By:_ Frank Federman, Esquire Attorney for Plaintiff JUN. 3.1999 2:07PM April 01, 1999 MATRIX FINANCIAL 602 Edward Heffernan 139 N Enola Dr Enola, PA 17025-0000 RE: Matrix Loan Number: 062097-6 Property Address: 139 N En la Dr Enola PA 17025 NOTICE OF INTENTION TO FORECLOSE Dear Mortgagor: we represent Matrix Capital Bank, party located at 139 N Enola Dr, mortgage is in SERIOUS DEFAULT be payment of $ 430.77 for December Late charges (and other charges) of $110.15. The total amount now or in other words, get caught up of this letter is $ 2,264.00. THIS FIRM IS A DEBT COLLECTOR NOTICE IS SENT TO YOU IN AN A' REFERRED TO HEREIN AND ANY IN USED FOR THAT PURPOSE., If you filed chapter 7 Bankruptcy the term of this loan, this is no is intended for informational pur you may dispute the validity of t if you do so in writing within th this letter, this firm will obtai verification thereof; otherwise, valid. Likewise, if requested wi of this letter, this firm will se the original creditor if differen you may cure this default within ! this letter, by paying to us the any additional monthly payments w during this period, such payment certified check, cashier's check Financial Services, 201 w. Coolid, 85013-2710. 00020/304 NO. 560 P.2/7 lder of a mortgage on your pro- la PA 17025, which as you have not made the monthly 1998 through April 1, 1999. e also accrued in the amount quired to cure this default, your payments, as of the date TING TO COLLECT A DEBT. THIS TO COLLECT THE INDEBTEDNESS ON OBTAINED FROM YOU WILL BE nd received a discharge during an attempt to collect a debt and ses only. debt or any portion thereof. ty days (30) days of receipt of and provide you with written e debt will be assumed to be in thirty (30) days of receipt you the name and address of from above. ?JiIRTY (30) DAYS of the date of Bove amount of $ 2,264.001 plus d late charges which may fall due must be made in the form of r money order, and made at Matrix e Street, suite 100, Phoenix, A2 201 W. Coolidge St.. P ianix. AZ 85013-2710 (602) 650-0838 AX (602) 631-4377 &EXHIB1TA JUN. 3.1999 2:07PM MATRIX FINANCIAL 602 631438 NO.560 P.3i7 Page 2 Loan Number: 062097-6 it you do not cure this default w, exercise our right to accelerate ' whatever is owing on the original due immediately and you may lose mortgage in monthly payments. If is not made within THIRTY (30) DA to foreclose on your mortgaged pr if the mortgage is ofrethe sedrtg' the Sheriff to pay f thmoot ; fore we begin legal proceedings the reasonable attorney's fees a if legal proceedings are started reasonable attorney's fees even fees will be added to whatever Y reasonable costs. If you cure t you will not be required to pay TO REINSTATE AFTER ACCELERATION CLOSURE PROCEEDINGS THE NON-EXIS YOU MAY HAVE TO ACCELERATION ANC We may also sue you personally f; all other sums due under the mort fault within the thirty day peric begun, you still have the right 1 sale at any time up to one hour 1 You may do so by paying the tota: nay's fees and cost incurred in 1 (and perform any other requiremej mated that the earliest date tha' would be approximately six month'. notice of the date of the Sherif the sale. Of course, the amount crease the longer you wait. You the required payment will be bmu 1-888-805-4027. This payment cashier's check or money order a stated. You should realize thata Sheri the mortgaged property and Your tinue. to live in the property a. could be started to evict you. 00021/304 in THIRTY (30) DAYS, we intend to mortgage payments. This.means ount borrowed will be considered chance to pay off the original 11 payment of the amount of default we also intend to start a lawsuit mortgaged property will be sold by debt. If you cure the default be- inst you, you will still have to pay ally incurred up to $50.00. However, ainst you, you will have to pay the they are over $50.00. Any attorney's owe us, which may also include our default within the thirty day period, attorney's fees. YOU HAVE THE RIGHT i THE RIGHT TO ASSERT IN THE FORE- ICE OF A DEFAULT OR ANY OTHER DEFENSE the unpaid principal balance and ;age. if you have not cured the de- l and foreclosure proceedings have 3 cure the default and prevent the -fore the Sheriff's foreclosure sale. due, as well as the reasonable attor- onnection with the foreclosure sale es under the mortgage). It is esti- such a Sheriff's Sale could be held from the date of this letter. A is Sale will be sent to you before needed to cure the default will in- may find out at any time exactly what alling us at the following number: t be in the form of certified check, d made payable to us at the address is Sale will end your ownership of 'ight to remain in it. If you con- :er the Sheriff's Sale, a lawsuit EXHIBIT A JUN. 3.1999 2:08PM MATRIX FINANCIAL 602 Pace 3 Loan Number: 062097-6 You have additional rights to help petty. YOU HAVE THE RIGHT TO SELL '. OFD' THE MORTGAGE DEBT, OR TO BORROI TUTION TO PAY OFF THIS DEBT. (YOU PER THE PROPERTY SUBJECT TO THE- MOI WILL ASSUME THE MORTGAGE DEBT, PRO' MENTS, CHARGES AND ATTORNEY'S FEES THE SALE AND THAT THE OTHER REQUIRI PIED.) CONTACT US TO DETERMINE UNI EXIST. YOU HAVE THE RIGHT TO HAVE PARTY ACTING ON YOUR BEHALF. If you cure this default, the mort position as if no default had oecu to this right to cure your default calendar year. I Sincer y, ?i Steve Holescko Mortgage Loan Counselor Real Estate Loan Servicing 00022/304 NO. 560 P. 4/7 protect your interests in the pro- HE PROPERTY TO OBTAIN MONEY TO PAY• MONEY FROM ANOTHER LENDING INSTI- MAY HAVE THE RIGHT TO SELL OR TRANS- TGAGE TO A BUYER OR TRANSFEREE WHO IDED THAT ALL THE OUTSTANDING PAY- AND COSTS ARE PAID PRIOR TO OR AT MENTS UNDER THE MORTGAGE ARE SATIS- ER WHAT CIRCUMSTANCES THIS MIGHT THIS DEFAULT CURED BY ANY THIRD 'age will be restored to the same red. However, you are not entitled more than three (3) times in any 11SENT CERTIFIED IAND REGULAR MAIL" EXHIBIT A -JUN. 3.1999-. 2:08P11 MRTRIX FINRNCIRL 602 6314382 NO.560 P.5/7 _4 p qua, (0?q qD5 April 01, 1999 Miriam G Heffernan 139 N Enola Dr Enola, PA 17025-0000 RE: Matrix Loan Number: Property Address: NOTICE OF Dear Mortgagor: 062097k17025 139 N la Dr Enola We represent Matrix Capital Hank, perty located at 139 N Enola Dr, mortgage is in SERIOUS DEFAULT be payment of $ 430.77 for December Late charges (and other charges) of $110.15. The total amount now or in other words, get caught up of this letter is $ 2,264.00, THIS FIRM IS A DEBT COLLECTOR NOTICE IS SENT TO YOU IN AN A' REFERRED TO HEREIN AND ANY IN USED FOR THAT PURPOSE. if you filed Chapter 7 Bankrup the term of this loan, this is is intended for informational You may dispute the validity of if you do so in writing within t this letter, this firm will obta verification thereof; otherwise, valid. Likewise, if requested w of this letter, this firm will s the original creditor if differe You may cure this default within this letter, by paying to us the any additional monthly payments during this period. Such paymen certified check, cashier's check Financial services, 201 W. Cooli 85013-2710. 00023/304 201 W. Coolidge Sc. (602) 650-0838 TO FORECLOSE ider of a mortgage on your pro- la PA 17025, which se you have not made the monthly 1998 through April 1, 1999. a also accrued in the amount quired to cure this default, your payments, as of the date TING TO COLLECT A DEBT. THIS TO COLLECT THE INDEBTEDNESS ON OBTAINED FROM YOU WILL BE and received a discharge during an attempt to collect a debt and oses only. e debt or any portion thereof, rty days (30) days of receipt of and provide you with written he debt will be assumed to be hin thirty (30) days of receipt d you the name and address of from above. HIRTY (30) DAYS of the date of bove amount of $ 2,264.00, plus d late charges which may fall due must be made in the form of r money order, and made at Matrix e Street, Suite 100, Phoenix, AZ Ix, AZ 85013-2710 (602) 631-4377 G/NHIBITA 3.1999 2:08PM MATRIX FINRNCIAL 602 6314382 N0.560 p,6i7 Page 2 Loan Number: 062097-6 If;you do not cure this default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly payments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to start a lawsuit to'foreclose on your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If you cure the default be- fore we begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even ifithey are over $50.00. Any attorney's fees will be added to whatever you-owe us, which may also include our reasonable costs. If you cure this default within the thirty day period, you will not be required to pay the attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORE- CLOSURE PROCEEDINGS THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. we may also sue you personally for!the unpaid principal balance and all other sums due under the mortgage. If you have not cured the de- fault within the thirty day period! and foreclosure proceedings have begun, you still have the right to; cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale, You may do so by paying the total due, as well as the reasonable attor- ney's fees and cost incurred in connection with the foreclosure sale (and perform any other requirements under the mortgage). It is esti- mated that the earliest date that such a Sheriff's Sale could be held would be approximately six months (from the date of this letter. A notice of the date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will in- crease the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 1-888-805-4027. This payment must be in the form of certified check, cashier's check or money order anj made payable to us at the address stated. i -You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to remain in it, If you con- tinue to live in the property aftOr the Sheriff's Sale, a lawsuit could be started to evict you. 00021/304 EXHIBITA "- JUN. 3. 1995 2:09PM MATRIX FINANCIAL 602 Page 3 ?oan Number: 062097-6 You have additional rights to help party. YOU HAVE THE RIGHT TO SELL 7 OFF THE MORTGAGE DEBT, OR TO BORRQ` TUTION TO PAY OFF THIS DEBT. (YOU PER THE PROPERTY SUBJECT TO THE MOI WILL ASSUME THE MORTGAGE DEBT, PROI MENTS, CHARGES AND ATTORNEY'S FEES THE SALE AND THAT THE OTHER REQUIRI FIED.) CONTACT US TO DETERMINE UNI EXIST. YOU HAVE THE RIGHT TO HAVE PARTY ACTING ON YOUR BEHALF. N0.560 P. 7/7 protect your interests in the pro- HE PROPERTY TO OBTAIN MONEY TO PAY MONEY FROM ANOTHER LENDING INSTI- KAY HAVE THE RIGHT TO SELL OR TRANS- TGAGE TO A BUYER OR TRANSFEREE WHO IDED THAT ALL THE OUTSTANDING PAY- AND COSTS ARE PAID PRIOR TO OR AT MENTS UNDER THE MORTGAGE ARE SATIS- ER WHAT CIRCUMSTANCES THIS MIGHT THIS DEFAULT CURED BY ANY THIRD If you cure this default, the mort age will be restored to the same position as if no default had occu red. However, you are not entitled to this right to cure your default more than three (3) times in any SteSe Holescko Mortgage Loan Counselor Real Estate Loan Servicing 00022/304 "SENT CERTIFIED REGULAR MAIL" CXHOBiT?? . I{ a v4 N r CV LI.;. .?. i?i(IJ u rn U i I FEDERMAN AND PHELAN ' By: FRANK FEDERMAN Identification No. 12248 Two Penn Center Plaza - Suite 900 Philadelphia, PA 19102 (215) 563-7000 _ Matrix Financial Services Corporation 201 W. Collidge Street Phoenix, AZ 85013-2710 Plaintiff VS. Edward J. Heffernan, III 139 North Enola Drive Enola, PA 17025 Miriam Gaye Heffernan A/K/A Miriam G. Heffernan 108 Beechcliff Drive Mechanicsburg, PA 17055 Defendant(s) Attorney for Plaintiff Cumberland COUNTY :COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 99-3419 Civil Term PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Edward J. Heffernan, III and Miriam Gave Heffernan A/K/A Miriam G. Heffernan, Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $39,045.46 Interest 5/1/99 To 11/29/99 2,115.09 i TOTAL' $41,160.55 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. ?,JLIS..n -t N D ? nMO,?- FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 9 im.04,5 PRO I KO Y •-TIRS FIRM IS A DI UT C'OLLF,CI'OR A11*E\II'TING TO COLLECT A DEU7' AND AN1' UVFORNtATION ODTAINED A.ILI, DE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSIN RECEIVED A DISCIIARGE IN DANKRt'I'TCV AND THIS DEBT WAS NOT REAWIRMED,11115 CORRESPONDENCE IS NOT AND S11011-1,D NOiBE CONSTRUED TO DE AN ATI'E%u,T To COLLECT' A DEDT. UUT M I N ENFORCEN,ENT OF A LIEN AGAINST PROPF.RTV. •• >" O, G -1.. U c" U s r FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 ATTORNEY FOR PLAINTIFF Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 MATRIX FINANCIAL SERVICES COURT OF COMMON PLEAS CORPORATION . CIVIL DIVISION Plaintiff . CUMBERLAND COUNTY VS. . NO. 99-2419 CIVIL TERM EDWARD J. HEFFERNAN, III MIRIAM GAYE HEFFERNAN A/K/A MIRIAM G. HEFFERNAN Defendant(s) TO: EDWARD J. HEFFERNAN, III 139 NORTH ENOLA DRIVE ENOLA, PA 17025 DATE OF NOTICE: JUNE 30, 1999 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF MATRIX FINANCIAL SERVICES COURT OF COMMON PLEAS CORPORATION Plaintiff VS. EDWARD J. HEFFERNAN, III MIRIAM GAYE HEFFERNAN A/K/A MIRIAM G. HEFFERNAN Defendant(s) TO: MIRIAM GAYE HEFFERNAN A/K/A MIRIAM G. HEFFERNAN 108 BEECHCLIFF DRIVE MECHANICSBURG, PA 17055 DATE OF NOTICE: JUNE 30, 1999 . CIVIL DIVISION . CUMBERLAND COUNTY . NO. 99-2419 CIVIL TERM THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 Matrix Financial Services Corporation V5. Plaintiff Attorney for Plaintiff : Cumberland COUNTY Court of Common Pleas CIVIL DIVISION Edward J. Heffernan, III :NO. 99-3419 Civil Term Miriam Gaye Heffernan AWA Miriam G. Heffernan 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 infonnation and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended (b) that defendant Edward J. Heffernan, III is over 18 years of age and resides at 139 North Enola Drive, Enola, PA 17025. (c) that defendant Miriam Gaye Heffernan AIK/A Miriam G. Heffernan is over 18 years of age, and resides at 108 Beecheliff Drive, Mechanicsburg, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authurities. FRANK FEDERMAN Attorney for Plaintiff (Rule of Civil Procedure No. 236 - Revised) Matrix Financial Services Corporation Plaintiff vs. Edward .1. Heffernan, III Miriam Gaye Heffernan A/K/A Miriam G. Heffernan : Cumberland COUNTY : Court of Common Pleas : CIVIL DIVISION :NO. 99-3419 Civil Term Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on November 11999. By DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Filing Party SUITE 900 TWO PENN CENTER PLAZA PHILADLLPHIA. PA 19102 (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 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. "" 1 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MATRIX FINANCIAL SERVICES CORPORATION Plaintiff Va. EDWARD J. HEFFERNAN, III MIRIAM GAYE HEFFERNAN, A/K/A MIRIAM G. HEFFERNAN TO THE DIRECTOR Issue writ of Amount Due Interest fi 3/1/00 (PER DIEM COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 99-3419 CIVIL TERM PRAECIPE FOR WRIT OF EXECUnON (MORTGAGE FORECLOSURE1 Defendant(s) OF THE OFFICE OF THE PROTHONOTARY: execution in the above matter: $41,160.55 --om 11/30/99 TO 616.07 and Costs . $6.77) 541,776.62 Total FR.?NK FEDERMAV, ESQUIRE TWO PENN CEN R PLAZA SUITE 900 PHILADELPHIA, PA 19102 Attorney for Plaintiff Note: Please attach description of property. 0 Q z K4 co r.Ty 0 HO 0, 'A O a ? D+ az z o H ?W W w U OV H 00 W y a u + . UH 0 H . 0 V _q H W (A rn E' S H H . U C4 z° N ?w w a x H O H H •a W \ x? gh? maw rT4 wx HH a H z O W ? W o O? F 6 00 a? U v w w? Ln tn fV u1 Oo d r, rl H H H as ? ?ry A 09 W a] A U N W?? N a a a M 0 a) zz> W H F A N a w u za v of U ? U W .. W N {R N N N0 'II rl ?i ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Northwesterly line of North Enola Drive, formerly Summit Road, 190.76 ft measured Southwardly along the line of North Enola Drive from the Southeasterly extremity of the arc or curve connecting the Southern line of Dauphin Street with the Northwestern line of North Enola Drive; thence along the Northwestern line of North Enola Drive South 39 degrees 10 minutes 23 seconds West twenty five and forty five-one thousandths (25.045) feet to a point; thence North 49 degrees 35 minutes West one hundred two andfivehundred fifty-four one thousandths (102.554) feet to a point; thence North 50 degrees 18 minutes 2.72 seconds East thirty two and five hundred ninety one-one thousandths (32.591) feet to a point; thence South 45 degrees 38 minutes East ninety six and one hundred ninety five-one thousandths (96.195) feet to a point, the place of BEGINNING. HAVING thereon erected the Northern one-half of a two and one-half story frame dwelling known as No. 139 North Enola Drive, Enola. BEING Tax Parcel # 9-14-0832-191. TITLE TO SAID PREMISES IS VESTED IN Edward J. Heffernan, III and Miriam G. Heffernan, his wife by Deed from Gary L. Walker and Phyllis J. Walker, his wife dated 4/22/86, recorded 4125/86, in Deed Book 31-V, page 684. c VI 1 ? a n \ ry L C_)1=r ' 1 LL :- '.IILU Li: Cr, () J ?,1 FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 MATRIX FINANCIAL SERVICES CORPORATION ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS . CIVIL DIVISION VS. EDWARD J. HEFFERNAN, III MIRIAM GAYE HEFFERNAN, A/K/A MIRIAM G. HEFFERNAN NO. 99-3419 CIVIL TERM 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: (XX) an FHA mortgage ( ) non-owner occupied ( ) vacant ( ) 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. FRANK FEDER' ESQUIRE Attorney for Plaintiff cr CJ Ul 1 MATRIX FINANCIAL SERVICES CORPORATION V8. EDWARD J. HEFFERNAN, III MIRIAM GAYE HEFFERNAN, A/K/A MIRIAM G. HEFFERNAN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION . NO. 99-3419 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MATRIX FINANCIAL SERVICES CORPORATION , Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 139 NORTH ENOLA DRIVE, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) EDWARD J. HEFFERNAN, III 139 NORTH ENOLA DRIVE ENOLA, PA 17025 M_IRIAM GAYE HEFFERNAN, A/K/A 108 BEECHCLIFF DRIVE MIRIAM G. HEFFERNAN MECHANICFBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and 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 so indicate) EAST PENNSBORO TOWNSHIP 98 S. ENOLA DRIVE ENOLA, PA 17025 SEARS ROEBUCK AND COMPANY 1635 MARKET STREET C/O CT CORPORATION SYSTEMS PHILADELPHIA, PA 19103 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (if address. cannot be reasonably ascertained, please so indicate) NONE 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 so 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 so indicate) NONE 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NAME TENANT/OCCUPANT DOMESTIC RELATIONS OF CUMBERLAND COUNTY LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) 139 NORTH ENOLA DRIVE ENOLA, PA 17025 13 NORTH HANOVER STREET CARLISLE. PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 9, 1999/?evi?< DATE F K FEDERMAN, ESQUIRE Attorney for Plaintiff iI [l is ; J U cn ) ' c7r ? j ? . r- MATRIX FINANCIAL SERVICES CORPORATION Va. EDWARD J. HEFFERNAN, III MIRIAM GAYE HEFFERNAN, A/K/A MIRIAM G. HEFFERNAN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-3419 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY December 9, 1999 TO: EDWARD J. HEFFERNAN, III MIRIAM GAYE HEFFERNAN, 139 NORTH ENOLA DRIVE A/K/A MIRIAM G. HEFFERNAN ENOLA, PA 17025 108 BEECHCLIFF DRIVE MECHANICSBURG, PA 17055 "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, 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 139 NORTH ENOLA DRIVE, ENOLA, PA 17025, is scheduled to be sold at the Sheriff's Sale on MARCH 1. 2000 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $41,160.55 obtained by MATRIX FINANCIAL SERVICES CORPORATION (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Sheriff's Sale. 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.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAICE PLACE. 1. If the Sheriff's 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 Sheriff the full amount (due in the sale. To find out if this has happened, you may call 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the SHeriff and will be made available for inspection in his office. The 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 filing of the proposed schedule. 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 ATORNEY REFERRAL CUMBERLAND COUNTY BAR ASOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9106 r; 11 ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Northwesterly line of North Enola Drive, formerly Summit Road, 190.76 fe measured Southwardly along the line of North Enola Drive from the Southeasterly extremity of the arc or curve connecting the Southern line of Dauphin Street with the Northwestern line of North Enola Drive; thence along the Northwestern line of North Enola Drive South 39 degrees 10 minutes 23 seconds West twenty five and forty five-one thousandths (25.045) feet to a point; thence North 49 degrees 35 minutes West one hundred two andfivehundred fifty-four one thousandths (102.554) feet to a point; thence North 50 degrees 18 minutes 2.72 seconds East thirty two and five hundred ninety one-one thousandths (32.591) feet to a point; thence South 45 degrees 38 minutes East ninety six and one hundred ninety five-one thousandths (96.195) feet to a point, the place of BEGINNING. HAVING thereon erected the Northern one-half of a two and one-half story frame dwelling known as No. 139 North Enola Drive, Enola. BEING Tax Parcel # 9-14-OS32-191. TITLE TO SAID PREMISES IS VESTED IN Edward J. Heffernan, III and Miriam G. Heffernan, his wife by Deed from Gary L. Walker and Phyllis J. Walker, his wife dated 4/22/86, recorded 4/25/86, in Deed Book 31-V, page 684. Cr a) lJ 1 _- Cpl .-? T ` L? c ? ,cry 1, )t l -if -I cn '-, Cm v STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND Robert P Ziegler I, ---------------------------- ? ss. -------------------------------------- Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ------------- Matrix Fin Serv Corp --- ---------------------------•-------------------------------------------------------_isthe grantee the saute having been sold to said grantee on the ------- ----------------------------------------- day of --__- June ---------------------------- A. D. 2000- under and by virtue of a writ ----------_--_ ------Execution 13th ----------------------------------------issued on the ---------------------- December --------- A D 19_ 99 day of --- December - - - -_y out of the Court of Common Pleas of said County as of Civil ---------- ------------- ------------------------------------------------- Term, 1 999 9------- Number___3419 ,at the suitof ------ Matrix Fin Serv -Corp Edward J III & Miriam Gaye aka Miriam G ------------ -- - --------- -- -against ---------------------------------- tIe€-f?e>:nan ------- is duly recorded in Sheriff's Deed Book No. 226 ------- Page ___ 760 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of -------C- --------------- R er T9 Ac it ecordof Deeds %CVft 01 COam rettEyYMl6t?FYMIB?FYMMI?aiW Matrix Financial Services Corporation -vs- Edward J. Heffernan, III and Miriam Gaye Heffernan a/k/a Miriam G. Heffernan In the Court of Common Pleas of Cumberland County, Pennsylvania No. 99-3419 Civil Kathy J.Clarke, Deputy Sheriff, who being duly sworn according to law, says on January 5, 2000 at 10:19 o'clock A.M. EDST, she posted a copy of Real Estate Writ Notice Poster and Description in the above entitled action upon the property of Edward Heffernan and Miriam Heffernan located at 139 North Enola Drive, Enola, Cumberland County, Pennsylvania according to law. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, says on January 6, 2000 at 3:05 o'clock P.M. EDST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Miriam Heffernan, by making known unto Evelyn Bottorf, Mother at 108 Beechcliff Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and attested copies of the same. 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: Edward J. Heffernan, III by Certified Mail Return Requested, Restricted Delivery, Deliver To Addressee Only to his last known address 1001 School House Lane #D, Lewisberry, Pennsylvania. This letter was mailed under the date of January 6,2000 and the return receipt card returned to the Sheirff' Office of January 19, 2000 the card signed by Edward J. Heffernan Ill. 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: Edward Heffernan III by regular mail to his last known address 1001 School House Lane #D, Lewisberry, Pennsylvania. This letter was mailed wider the date of January 19, 2000 and never returned to the Sheriff s Office. 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 Sheirff mailed a notice of the pendency of the action to one of the within named defendants to wit: Miriam Heffernan by regular mail to her last known address 108 Beechcliff Drive, Carlisle, Pennsylvania. This letter was mailed under the date of January 18, 2000 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says lie made diligent search and inquiry for one of the within named defendants to wit: Edward J. Heffernan, III, but was unable to locate him in his bailiwick. Ile therefore deputized the Sheriff of York County to serve the within Real Estate Writ Notice Poster and description according to law; York County Return: Personal served Edward J. Heffernan III on January 18, 2000 at 10:05 A.M at Sheriff's Office 28 East Market Street, York. PA. So answers: Reuben B Zeager Acting Sheriff York County. So answers: ,w R. Thomas Kline, Sheriff By ?. Real Estate Deputy Matrix Financial Services Corporation -VS- Edward J. Heffernan, III and Miriam Gaye Heffernan In the Court of Common Pleas of Cumberland County, Pennsylvania No. 1999-3419 Civil R. Thomas Kline Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law exposed the above described premises at public venue or outcry at Court House, Carlisle, Cumberland County, Pennsylvania on June 7, 2000 at 10:00 o'clock A.M. EDST and sold the same for the sum of $ 35,000.00 to attorney Dale Shughart for Matrix Financial Services Corporation. It being the highest bid and best price quoted for the same Matrix Financial Services Corporation of 210 Coolidge Street, Phoenix, AZ being the buyer in this execution paid to Sheriff R. Thomas Kline the sum of $ 1,748.44 it being costs. Sheriffs Costs: Docketing 30.00 Poundage 700.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 La- _.,,rary .50 County 1.00 Mileage 16.12 Certified Mail 7.13 Levy 15.00 Surcharge 24.00 Out of County 9.00 York County 32.35 Postpone Sale 20.00 Legal Search 200.00 Law Journal 321.20 Patriot News 225.56 Share of Bills 25.08 Distribution of Proceeds 25.00 Sheriffs Deed 216, $ 1,748.44pd by atty 7/25/00 Swom and Subscribed To Before me This 7?- Day of 2000, A.D. c? a 6- 77u_6@i,_, Pro honotary So I?risw? R. Th nras Kline, S teriff Real Estate Deputy ! S cJt JSY» 99s39, SCHEDULE OF DISTRUBUTION SALE # 23 Date Filed Writ No. 1999-3419 Civil Matrix Financial Services Corporation -vs- Edward J. Heffernan, III and Miriam Gaye Heffernan 139 North Enola Drive Enola, PA Sale date June 7, 2000 Bid Price $ 35,000.00 Buyer Dale Shughart, Jr for Matrix Financial Services Corporation Real Debt $ 41,160.55 Interest fr 11/30/99 to 3/1/00 per diem 6.77 616.07 Fr 3/1/00 to 6/7/00 663.46 Atty writ costs 121.30 $ 42,561.38 DISTRIBUTION Amount Collected $ 1,707.09 Sheriff s Costs $ 1,507.09 Legal Search 200.00 $ 0,000.00 So ul"?" R. Thomas Kline, Sheriff By Real Estate Deputy TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 23 on March 1, 2000 Sale List. Held Wednesday, June 7, 2000 Date: June 7, 2000 TAXES: Receipts for all taxes for the years 1997 to 1999 inclusive. Taxes for the current year 2000. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2000, and recorded , 2000, in Cumberland County Deed Book Page RECITAL: Being the same premises which Gary L. Walker and Phyllis J. Walker, his wife, by deed dated April 22, 1986 and recorded April 25, 1986 in Deed Book "V", Volume 31, Page 684 granted and conveyed to Edward J. Heffernan, III and Miriam Gaye Heffernan, his wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of thirty five (35) feet wide Summit Road. 6. Conditions, easements and restrictions shown on or set forth of Enola recorded in Plan Book 1, Page 51. . 7. Building and use conditions and restrictions and easements for utilities as set forth in the deed of Enola Realty Company recorded in Deed Book "Y", Volume 6, Page 45. 8. Mortgage in the amount of $39,500.00 given by Edward J. Heffernan, III and Miriam Gaye Heffernan, his wife, to Sovran Mortgage Corporation dated April 22. 1986 and • .. . , ., recorded April 25, 1986 in Mortgage Book 811, Page 50. Assigned to Northeast Savings, F.A. by instrument recorded in Miscellaneous Record Book 356, Page 151. Further assigned to Weststar Financial Corporation by instrument recorded in Miscellaneous Record Book 509, page 753. Further assigned to Matrix Financial Services Corporation by instrument recorded in Miscellaneous Record Book 551, Page 833. Complaint in Mortgage Foreclosure filed by Matrix Financial Services Corporation as plaintiff against Edward J. Heffernan, III and Miriam Gaye Heffernan, also known as Miriam G. Heffernan as defendants on June 7, 1999 in the Office of the Prothonotary of Cumberland County to File No. 99-3419. Judgment in the amount of $41,160.55 entered November 30, 1999. 9. Judgment in the amount of $1,168.23 entered on November 26, 1997 by East Pennsboro Township as plaintiff against Edward J. Heffernan, III and Miriam G. Heffernan, as defendant in the Office of the Prothonotary of Cumberland County to File No. 97-6595. 10. Municipal lien in the amount of $217.35 entered on October 14, 1998 by East Pennsboro Township as plaintiff against Edward J. Heffernan, III and Miriam G. Heffernan as defendants in the Office of the Prothonotary of Cumberland County to No. 98-5881. It. Municipal lien in the amount of $573.55 entered by East Pennsboro Township as plaintiff against Edward J. Heffernan, III, and Miriam G. Heffernan on September 29, 1999 in the Office of the Prothonotary of Cumberland County to File No. 99-5949. 12. Municipal lien in the amount of $202.06 entered by East Pennsboro Township as plaintiff against Edward J. Heffernan, III, and Miriam G. Heffernan on March 8, 2000 in the Office of the Prothonotary of Cumberland County to File No. 2000-1303. 13. Judgment in the amount of $2,570,88 entered by Blazer Consumer Discount Company as plaintiff against Edward J. Heffernan, III on May 20, 1999 in the Office of the Prothonotary of Cumberland County to File No. 99-3041. Said judgment may be a lien against the subject premises by virtue of divorce action filed in Cumberland County Prothonotary's Office to File No. 95-1208 or divorce action filed in any other jurisdiction. 14. It is to be noted that no search of Domestic Relations Records has been made to detennine support arrearages regarding House Bill 1412, Act 58 of 1997. Domestic Relations Office print out in the Office of the Prothonotary indicates delinquent support arrearages in the amount of $176.00 owed by Edward J. Heffernan, III. 15. Rights in party wall as shown on survey recorded in Deed Book "B", Volume 24, Page 350, which party wall fornis a portion of the boundary line for the subject premises. 16. Subject to boundary correction agreement dated May 11, 1950 and recorded May 19, 1950 in Miscellaneous Record Book 93, Page 79 which agreement establishes the northern property line for the subject premises. 17. Real estate taxes accruing on and after January 1, 2000 not yet due and payable. 18. Satisfactory evidence to be produced that proper notice was given to tlue holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. It is to be noted that no aff idavit of service of notice is found in the files of the Office of the Prothonotary, it is to be further noted that Rule 3129 Affidavit filed does not list Blazer Consumer Discount Company as a lien holder. It is to be noted that no search has been made for environmental liens in Federal District Court. KObert G. Frey, Agent Note: This Title Report shall not be valid or V until countersigned by an authorized signatory. REAL ESTATE VILE NO. 23 Writ No. 99.3419 Civil Matrix Financial Services Corporation Vs. Edward J. Heffernan, 111, Miriam Gaye Heffernan, A/K/A Miriam G. Heffernan Atty.: Frank Federman DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in East Pennsboro Township. Cumberland County. Penn- sylvanla, bounded and described as follows, to wit BEGINNING at a point on the Northwesterly line of North Enola Drive, formerly Summit Road, 490- .76 ft. measured Southwardly along the line of North Enola Drive fronl•tle Southeasterly extremity of the arc or curve connecting the Southern line of Dauphin street with the North- western Me of North Enola Drive; thence along the Northwestern line of North Enola Drive South 39 de- grees 10 minutes 23 seconds West twenty five and forty five-one thou- sandths (25.045) feet to a point; thence North 49 degrees 35 minutes West one hundred two and five hun. dred fifty-four one thousandths (102- .554) feet to a point; thence North 50 degrees 28 minutes 2.72 seconds East thirty two and five hundred ninety one-one thousandths (32.581) feet to a point; thence South 45 degrees 38 minutes East ninety six and one hun- dred ninety flve-one thousandths (96.195) Ceet to a point, the place of BEGINNING: HAVING thereon erected the Northern one-half of a two and one- half story frame dwelling known as No. 139 North Enola Drive. Enola. BEING Tax Parcel #9.14-0832- 191. TITLE TO SAID PREMISES 1S VESTED IN Edward J. Heffernan. III and Miriam G. Heffernan, his wife by Deed from Gary L. Walker and Phyllis J. Walker, his wife dated 4/22/86. recorded 4 /25/86, in Deed Book 31- V. page 684. MATRIX FINANCIAL SERVICES CORPORATION VS. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION EDWARD J. HEFFERNAN, III MIRIAM GAYE HEFFERNAN, A/K/A MIRIAM G. HEFFERNAN NO. 99-3419 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No 1) MATRIX FINANCIAL SERVICES CORPORATION , Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 139 NORTH ENOLA DRIVE, ENOLA, PA 17025 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) EDWARD J. HEFFERNAN, III 139 NORTH ENOLA DRIVE ENOLA, PA 17025 MIRIAM GAYE HEFFERNAN A/K/A 108 BEECHCLIFF DRIVE MIRIAM G. HEFFERNAN MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and 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 so indicate) EAST PENNSBORO TOWNSHIP SEARS ROEBUCK AND COMPANY C/O CT CORPORATION SYSTEMS 98 S. ENOLA DRIVE ENOLA, PA 17025 1635 MARKET STREET PHILADELPHIA, PA 19103 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE 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 so 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 so indicate) NONE 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NAME TENANT/OCCUPANT DOMESTIC RELATIONS OF CUMBERLAND COUNTY LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) 139 NORTH ENOLA DRIVE ENOLA. PA 17025 13 NORTH HANOVER STREET CARLISLE, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of le Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 9. 1999 2zcv4, DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ' I MATRIX FINANCIAL SERVICES CORPORATION V8. EDWARD J. HEFFERNAN, III MIRIAM GAYE HEFFERNAN, A/K/A MIRIAM G. HEFFERNAN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-3419 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY December 9, 1999 TO: EDWARD J. HEFFERNAN, III MIRIAM GAYE HEFFERNAN, 139 NORTH ENOLA DRIVE A/K/A MIRIAM G. HEFFERNAN ENOLA, PA 17025 108 BEECHCLIFF DRIVE MECHANICSBURG, PA 17055 "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, 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 139 NORTH ENOLA DRIVE, ENOLA, PA 17025, is scheduled to be sold at the Sheriff's Sale on MARCH 1. 2000 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $41,160.55 obtained by MATRIX FINANCIAL SERVICES CORPORATION (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Sheriff's Sale. 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. i 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights, The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's 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 Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff., you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the SHeriff and will be made available for inspection in his office. The 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 filing of the proposed schedule. 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 ATORNEY REFERRAL CUMBERLAND COUNTY BAR ASOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Northwesterly line of North Enola Drive, formerly Summit Road, 190.76 ff, measured Southwardly along the line of North Enola Drive from the Southeasterly extremity of the arc or curve connecting the Southern line of Dauphin Street with the Northwestern line of North Enola Drive; thence along the Northwestern line of North Enola Drive South 39 degrees 10 minutes 23 seconds West twenty five and forty five-one thousandths (25.045) feet to a point; thence North 49 degrees 35 minutes West one hundred two andfivehundred fifry-four one thousandths (102.554) feet to a point; thence North 50 degrees 18 minutes 2.72 seconds East thirty two and five hundred ninety one-one thousandths (32.591) feet to a point; thence South 45 degrees 38 minutes East ninety six and one hundred ninety five-one thousandths (96.195) feet to a point, the place of BEGINNING. HAVING; thereon erected the Northern one-half of a two and one-half story frame dwelling known as No. 139 North Enola Drive, Enola. BEING Tax Parcel # 9-14-0332-191. TITLE TO SAID PREMISES IS VESTED IN Edward J. Heffernan, III and Miriam G. Heffernan, his wife by Deed from Gary L. Walker and Phyllis J. Walker, his wife dated 4/22/86, recorded 4/25/86, in Deed Book 31-V, page 684. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. g3-3419 CIVIL 1A__TEF 1 COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Matrix Financial Services Corporation PLAINTIFF(S) from-Edward Heffernan. III 13 North Enola Drive. Enola, Pa. 1.7025 M;r;am '-ire H ffPrnan a/k/a Miriam C. Heffernan 108 BeP?hcliff Drive. Mechanicsburg Pad 17055 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See attached description of property (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/are 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 propenyof thedefendant(s) not leviedupon an subjectto attachment isfound in the possession of anyoneother 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 L.L. from 11/30/99 0 /l/00 Per Diem 7j Interest $616-07 Due Frothy, Ally's Comm Other Costs Alty Paid _ Plaintiff Paid Date: Decem r3, 1999 REQUESTING PARTY: Name " Frank Eedpnnan. F.cn. Address:7Wo Penn Center Plaza _ Suite 900 PhilMel iaPa. 19102 Attorneyfor: P1.ainitff Telephone: (15)_563-7000 _ Supreme Court ID No. 122g 8 _ Curtis R. Long Prothonotary, Civil Division by: .,., h )144.hy. _ Deputy REAL ESTATE SALE Na. v un /?; i F94 the si?er't(levie3 upon the ciefunJan... Interest in the real property situated in? Cumberland County, Pa., known and numbered as:,U -dt'?A*w^ LA---_ r nd mora ful.y doseribcd on Exhibit ''A" Wed wit'.t this writ and by this reierence incorporated ho,clin. ?3te:(YOrr-? ??lr9r/rf By? _ d O 4 G ? T =? m 0 • T r 1.. ? n 3 ?, ? -cM PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 21, 28, FEBRUARY 4, 2000 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that lie 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. REAL ESTATE BALE NO. 29 Writ No. 99-3419 Civil Matrix Financial Services Corporation VS. Edward J. Heffernan, 111, Miriam Gaye Heffernan, A/K/A Miriam G. Heffernan Atty.: Frank Federman DESCRIPTION .. ALL THAT CERTAIN piece or par- i cel of land situate in East Pennsboro Township, Cumberland County, Ftnn- sylvanta, bounded and described as ?.. follows, to wit: BEGINNING at a point on the Northwesterly line of North Enola Drive, formerly Summit Road, 190- 1 .76 R. measured Southwardly along the fine of North Enola Drive from the Southeasterly extrenLty of the arr or curve connecting the southern line of Dauphin Street with the North- western line of North Enola Drive: thence along the Northwestern line of North Enola Drive South 39 de- grees 10 minutes 23 seconds West twenty five and forty five-one thou sandths (25.045) feet to a point: thence North 49 degrees 35 minutes West one hundred two and five hun- dred fifty-four one thousandths (102- - .554) feet to a point: thence North 50 degrees 18 minutes 2.72 seconds East thing two and fire hundred ninety one-one thousandths 132.591) fret to a point: thence South 45 degrees 38 minutes East ninety six and one I jun. dred ninety five-one thousandths (96.195) feet to a point., the place of BEGINNING. HAVING thereon erected the Northern one-half of a two and one- half story frame dwelling knoun as No. 139 North Enola Dnve. Enola. BEING Tax Parcel e9-14,0832. 191. TITLE TO SAID PREMISES IS VES1FD IN EdwanlJ. Heternan.111 and Minam G. Hrfirnnan, his wile by Deed from Gary L. Walker and Phvths J. Walker. his wile dated 4122IWj. recorded 4 /251 WJ, m Defd Dook 31- V. page 684. I Z_? :E?Xll? Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before the this 4 day of FEBRUARY, 2000 NOTARIAL SEAL 1015 E. SNYDER, Nototy Public Codnie boro, Cumb'1n,rd cauntY, PA my ro=m13vOb f[piA05 NA'CY. 5 ",N), i c. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Commonwealth of Pennsylvania, County of Dauphin) so 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 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 dally and/or Sunday and Metro editions/issues which appeared on the 25th day of January and the let and 81h day(s) of February 2000. 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. L?1_ PUBLICATION COPY SAL Ek23 Tarry L. Rus Harrisburg, NOTAFW PUBLIC Member, Pennsylvania Association ?lyaErArr fission expires June B, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE 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 $ 224.08 Probating same Notary Fee(s) $ 1.50 Total $ 225.58 Publisher's Receipt for Advertising Cost THE PATRIOT-NEWS CO., publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. REAL E Tp? BAtE No yt THE PATRIOT NEWS CO. Writ No.6&341e , _ VAtrIx ChrillTarm Financial By .................................................................... sarvlees Corporation - vs Edward J.N efNmen al Midsm afys Heffernan (JAi MIrWn4"n Atty Frank n DESCRIp110N ALLTHAT CERTAIN.psee or parcel of land situate in East Nonsboro'Township, Cumberland Coun •, 1lnmyhanU; bonded t lose, of North.EWA Dlhv, tem+udY summit RoA 1W.16 fl, measured Souft'Ardly along a the Inc of North: Ereh Drive from the southeaaerly, extremlty of the are or Nnc lonneitin list Southem line of D3p in Sfeei with dhe Negon 'u'rn Ilse of hlorth I nob I)rn'a: Iheme .deny the Kutlh,,e,Irm i hin' of North Ln l1, I)rnC Snmh 34 Acgrec. 111 Minnie, 2i .. rood+u,ent% 14% and fnnw hue.me IhauanJlh. 1:5 fu51 fcvl to a point; 1 thence Nnnh .IV Aw?nr. 35 minme,it'e+t onw hundred two and Inwt hand". fith•IOUr one thousandth. (1185541 lu't In a point thence • North 50 drgn'rv lX mI"I" 272 v'mnds l ad thirty ten and find d undyed ninety onmmne thousandths 13:591) IN{ In A poinb thence South 45 degrees - minutes Lot ninth' six and me hundred ninely fhrtme IhnuundlM ,%.1951 feel to a puin4 the place td BITNG lh pam'1 aY.14AIMR941. Tlll.I TO SAID ERLMI4 S 1S 11:S11:.f1 IS T&ard 1, lkilmnan, III and Miriam G. Hdlernan, his rife In thsd Imo Gan' 1.. 15'a11er and W11% 1, 11'414r. het %Ile; d1sed al "Im. rr'rrrm 4125iss, in Ikrd Bud 11•%, page 64, 25th r i, P.EP ESTA TE =?.LE N0 23 5f.000.00Ad^:anceCos'sPaid 12/15/99 ALv, Frank Federman assessed Valuation S 3680.00 WTJTNO. 99-3419 Civil Matrix Financial Services Corporation VS Edward J. Heffernan, III and Miriam Gaye Heffernan a/k/a Miriam G.' Heffernan 139 North Enola Drive Enola, PA REAL DEBT IJtREST fr 11/30/99-3/1/00 6.77 per diem AT *S FEES WK-1 COSTS ATTI' ESCROW LATE CHARGE SHERIFF'S COSTS Docke:inu PDundaee PDstins Bills Adve-isinQ Ackno,xledeane Dee_ Auction--:r Law Lib=; C o unr•• yfilea?e Ce:t 1fai1 Le?ti• . Postpone Sal: Surcnars T °'%i.l ::arch -.?? i 1?- L.au- Jounal Paurot Sham o f Bills D;Strioution of ProC:e_s Sheaf s De c ST.=,NIPS P?, T: ans fer Tax T%vp or Bcro Transfer To-, T AYE S Sewer & Sanitation 41,160.55 616.07 + 663.47 121.30 30.00 700.00 15.00 15.00 30.00 10.00 .50 1.00 16.12 7.13 15.00 20.00 24.00 200.00 321.20 225.56 25.08 25.00 26.50 2,161.19 ' r. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G, SCHMIEG, ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER AT SUBURBAN STATION PHILADELPHIA, PA 19103 (215)563-7000 Matrix Capitia IBank ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION V. Edward J. Heffernan NO. 99-3419-Civil Miriam Gaye Heffernan Cumberland County PRAECIPE TO MARK TUDGMENT SATISFIED AND MARK THE ACTION DISCONTINUED AND ENDED WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly satisfy the Judgment, which was entered on or about 11/30/99 in the amount of $41,160.55, relative to the instant matter. August 15, 2005 Daniel G. Schmieg, Esquire a -' c r : , .. Cl) 1~ t? "a r CJ C?