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HomeMy WebLinkAbout03-3362FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAI]NTIFF REGIONS MORTGAGE, INC. 1544 OLD ALABAMA ROAD ROSWELL, GA 30076 COURT OF COMMON PLEAS CIVIL DIVISION MORRIS D. PLANTZ 9 EAST BEALE AVENUE ENOLA, PA 17025 Plaintiff TERM CUMBERLAND COUNTY JOAN E. PLANTZ 9 EAST BEALE AVENUE ENOLA, PA 17025 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days afier 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 File#: 74860 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. File #: 74860 Plaintiffis REGIONS MORTGAGE, INC. 1544 OLD ALABAMA ROAD ROSWELL, GA 30076 The name(s) and last known address(es) of the Defendant(s) are: MORKIS D. PLANTZ 9 EAST BEALE AVENUE ENOLA, PA 17025 JOAN E. PLANTZ 9 EAST BEALE AVENUE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/10/2000 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to EQUIFIRST CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1652, Page 817. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/16/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 74860 The following amounts are due on the mortgage: Principal Balance Interest 01/16/2003 through 07/10/2003 (Per Diem $22.86) Attorney's Fees Cumulative Late Charges 10/10/2000 to 07/10/2003 Cost of Suit and Tire Search Subtotal $83,855.12 4,023.36 1,250.00 447.29 $ 550.00 $ 90,125.77 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 90,125.77 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 90,125.77, together with interest from 07/10/2003 at the rate of $22.86 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: ~ f /s/Francis S..~Ialliman ~ FRA~ FEDERM~q~ ESQUIRE LAWRENCE T. PITELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIILE Attomeys for Plaintiff File #: 74860 ALL THAT County, P~.~ BEGINNING the corner of 2~ /RTAIN piece of land situate in East P~nnsboro Townsh/p, Cumberland !v/mia, more particularly bounded and descr/bed as follows, to' an iron pin on tho Northern side ofF. ag Beale Avanue (50 feet wide) at ~ No. 39 on the heroinaf~r mentioned Plan of Lots; thence by Lot No. 39 North 33 dego:~s 45 minuWs 00 seconds West~ a distance of 150 feot to an iron pin on tho Southern line o ' S%won Alley (15 f~t wide); thence by Sharon AII~, North 56 degroe.~ 00 minutes 00 ~oond~ Bast, a distance of 25 f~et to an iron pin at Lot No. 37 on said Plan; thence by Lot No. 37 So,th 33 degrees 45 minutes 00 seconds Hast, a distane~ of 150 feet to a dr~ll hole; th/race by East Beale Ay/roue South 56 dogre~ 00 minutes 00 seconds West, a di?anc, e of 25 feet to the plae~ of BEGINNING. BEING Lot No. 38 on tho Plan of Lots aa laid out by Arthur R. Ruploy and recorded in Cumberland Co~uty Deed Book O, Volume 6, Page 600. FREMISES BEING: 9 EAST BEALE AVENUE VERIFICATION ROOSEVELT JACKSON hereby states that he is MANAGER of REGIONS MORTGAGE, INC. mortgage servic ing 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 tree and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C~S. Sec. 4904 relating to unswom falsification to authorities. DATE: Foreclosure Officer ~'~ SHERIFF'S RETURN - CASE NO: 2003-03362 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REGIONS MORTGAGE INC VS PLANTZ MORRIS D ET AL REGULAR DAVID MCKINNEY , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE PIJtNTZ MORRIS D DEFENDANT , at 1916:00 HOURS, at 313 SECOND STEET SUMMERDALE, PA 17093 MORRIS PLANTZ a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 25th day of July , 2003 by handing to - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this L ~ day of A.D. ' ~rothonotary ' So Answers: R. Thomas Kline o7/28/2oo3 FEDERM3tN & PHELAN By: ~ · SHERIFF'S RETURN - REGULAR CASE NO: 2003-03362 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REGIONS MORTGAGE INC VS PLANTZ MORRIS D ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PLANTZ JOAN E DEFENDANT , at 1916:00 HOURS, at 313 SECOND STREET SUMMERDALE, PA 17093 JOAN PLANTZ a true and attested copy of COMPLAINT - on the 25th day of July by handing to the , 2003 MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this Q ~ day of t2x~43 A.D. honorary · ' ' So Answers: R. Thomas Kline 07/28/2003 FEDERMAN & PHELAN FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215~ 563-7000 REGIONS MORTGAGE, INC. 1544 OLD ALABAMA ROAD ROSWELL, GA 30076 Plaintiff, MORRIS D. PLANTZ JOAN E. PLANTZ CUMBERLAND COUNTY COURT OF COMMON PLEAS : CML DIVISION : NO. 03-3362-CIVIL TERM Defendant(s). : PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against MORRIS D. PLANTZ and JOAN E. PLANTZ, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 7/11/03-9/11/03 TOTAL $90,125.77 $1,440.18 $91,565.95 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL1NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (') 15) '563-7000 REGIONS MORTGAGE, INC. Plaintiff MORRIS D. PLANTZ JOAN E. PLANTZ Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CML DIVISION : CUMBERLAND COUNTY : NO. 03-3362 CML TERM TO: MORRIS D. PLANTZ 313 SECOND STREET SUMMERDALE, PA 17093 DATE OF NOTICE: AIIGIIflT lq. 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A'UFEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 13VIPORTANT NOTICE You are in default became you have failed to enter a written appearance personally or by attorney and file m 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 heating and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PItELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 ('21 ~) 563-7000 REGIONS MORTGAGE, INC. Plaintiff VS. MORRIS D. PLANTZ JOAN E. PLANTZ Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 03-3362 CIVIL TERM TO: JOAN E. PLANTZ 313 SECOND STREET SUMMERDALE, PA 17093 DATE OF NOTICE: gIIGIrST 15. 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or 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 ag~fmst 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 CIJ'MBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id, No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (?~s) s6'~-7ooo REGIONS MORTGAGE, Plaintiff MORRIS D. PLANTZ JOAN E. PLANTZ Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 03-3362 CIVIL TERM TO: MORRIS D. PLANTZ 9 EAST BEALE AVENUE ENOLA, PA 17025 DATE OF NOTICE: ~,T)'GT~'ST 15. 200'~ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, T}US CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default becanse 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. Uuless you act within ten (10) d,a~lg~m the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or othel~jl~,~o.~'mnt tights. You should take tiffs notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or t~"~l~e the following office to find out where you can get legal help: ~"-~ CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 122~8 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (?15) ~63-7000 REGIONS MORTGAGE, INC. Plaintiff Vs. MORRIS D. PLANTZ JOAN E. PLANTZ Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 03-3362 CIVILTERM TO: JOAN E. PLANTZ 9 EAST BEALE AVENUE ENOLA, PA 17O25 DATE OF NOTICE: AUGUST l 5. 200~ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO ttEZEIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.n' YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDEi¥('t tS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEIvfl:W TO COLLECT A DEBT. BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file n writh~g w/th the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days fi.om the date of thla notice, a Judgment may be entered against you without a hearing and you may lose your property or other m :pt~rtant 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 telcpi one the folloWing office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S CASE NO: 2003-03362 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REGIONS MORTGAGE INC VS PLANTZ MORRIS D ET AL RE~ 5AN ~ REGULAR DAVID MCKINNEY , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE PLANTZ MORRIS D DEFENDANT , at at 313 SECOND STEET SUMMERDALE, PA 17093 MORRIS PLANTZ a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon 1916:00 HOURS, on the 25th day of July the together with by handing to 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit 100 Surcharge 10.00 o00 39.04 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline 07/28/2003 FEDERMAN & PHELAN ;Deput~ Sheriff ~ SHERIFF'S RETURN ~ REGULAR CASE NO: 2003-03362 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REGIONS MORTGAGE INC VS PLANTZ MORRIS D ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according says, the within COMPLAINT - MORT FORE was served upon PLANTZ JOAN E DEFENDANT , at 1916:00 HOURS, on the 25th day of July at 313 SECOND STREET SUMMERDALE, PA 17093 by handing to JOAN PLANTZ a true and attested copy of COMPLAINT - MORT FORE to law, the , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this day of aom. So Answers: R. Thomas Kline 07/28/2003 FEDERMAN & PHELAN By: Prothonotary FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 REGIONS MORTGAGE, INC. 1544 OLD ALABAMA ROAD Plaintiff, MORRISD. PLANTZ JOAN E. PLANTZ Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 03-3362-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MORRIS D. PLANTZ is over 18 years of age and resides at, 313 SECOND STREET, SUMMERDALE, PA 17093 · (c) that defendant JOAN E. PLANTZ is over 18 years of age, and resides at, 313 SECOND STREET, SUMMERDALE, PA 17093. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 REGIONS MORTGAGE, INC. : Plaintiff, : MORRIS D. PLANTZ : JOAN E. PLANTZ : Defendant(s). : No. 03-3362-CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 9/12/03 to MARCH 3, 2004 (per diem ~$15.05) TOTAL $91,565.95 $2,618.70 and Costs $94,184.65 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 - 1814 Attorney for Plaintiff Note: Please attach description of property.No. ALL THAT CERTAIN piece af land sialal¢ ia East Penastnxo Toxg~nship, Cu~alx~laad County, Pennsylvania, more particularly bounded ~nd descril~ed as tlallows, to wit: BEGINNiNG at an iron pin (s~t) on the Northern side of East Beale Avenue (50 teet wide) at the corner of Lot No, 39 on ~he heroiJ~after n~atioa~,l Plan of Lot.~; thence by Lot No. ~19 North 33 degrees 43 minutes 00 seconds ~resI a distance of one hundred fi~, (120) feet lo an iron pin (set) on the Southern Jinc of Slmron Alley 05 feet Wide); thetlc~ by SIla/ml Alley North 56 degrees 00 minutes 00 seconds Ea~ a distanc~ ~f twenty-five (25) f~et to a~t iron pin (set) at Lot ~'%. 37 on said plo~; d~ence by Lot No. 217 South 33 degree~ 45 minutes O0 seconds Emi a dista~ee of one hundred flay (150) feet m a drill hole; tbem2e by Eas: Beale A.~eaoe South .56 clegre~s 00 mhautes 00 secoMa West a disxance of twenty- five (25) fce~ to the place of b,~ginninS. BEING Lot No. 38 oa Itl, Plan of Lots as laid om by Arthur R. Ruple'y and recorded in Cumber]and Counl3,' Deed Book 'O". Volume 6, Page 600. HAVI?.IG TIlER,EON ERECTED a two and one-.hail ~o/y frame dwelling llou~ known as No. 9 Easl Beale Avenue. TITLE TO SAID PREMI$/~ I$ VESTED IN Morris D. Plalllz and Joati E. Piling, his wife by De~d from Olenn IE. Voge!song and Iosophine Kre.qge Vogelsong, 1~i$ wife, dated 8/21~198~1 and recorded U31/1985 in Deed Book C31, Page 27t. FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No, 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 pHILADELPHIA, PA 19103-1814 (215) 563-7000 REGIONS MORTGAGE, INC. Plaintiff, MORRIS D. PLANTZ JOAN E. PLANTZ Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 03-3362-CIVIL TERM CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 9l because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff REGIONS MORTGAGE, INC. Plaintiff, MORRIS D. PLANTZ JOAN E. PLANTZ Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. 03-3362-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) REGIONS MORTGAGE, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,9 EAST BEALE AVENUE, 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 indicate) MORRIS D. PLANTZ JOAN E. PLANTZ 313 SECOND STREET SUMMERDALE, PA 17093 313 SECOND STREET SUMMERDALE, PA 17093 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name PROVIDIAN NATIONAL BANK Last Known Address (if address cannot be reasonably ascertained, please indicate) 295 MAIN STREET TILTON, NH 03276 4. Name and address of last recorded holder of every mortgage of record: Nalne None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NaiTle Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 9 EAST BEALE AVENUE ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. September 11, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff REGIONS MORTGAGE, INC. Plaintiff, MORRIS D. PLANTZ JOAN E. PLANTZ Defendant(s). TO: MORRIS D. PLANTZ 313 SECOND STREET SUMMERDALE, PA 17093 CUMBERLAND COUNTY No. 03-3362~CIVIL TERM September 11, 2003 JOAN E. PLANTZ 313 SECOND STREET SUMMERDALE, PA 17093 **THIS FIR]VI IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 9 EAST BEALE AVENUE, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on MARCH 3, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $91,565.95 obtained by REGIONS MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: k The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You 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 schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERI '~L CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALI. THAT CERTAIN piece of l~d situate in F~:{t Pen. n~boro Township. Cumberland County, Permsylvaui~, more particularly bounded and descrtbed as follows, to wit: BEGINNL,NG ai an iron pin (se0 on the Northern side of East Beale Avenue (50 tcet wide) at the ~oruer of Lot No. 59 on the hereinafter mentioned Plan of Lot~; the. cci: by Lot No, ~9 North 33 degrees 43 raiuutcs 00 sec:onds West a d}stanc¢ of one hundred fifty (150) fe~t to all iron pin (me0 on the Southern lb~c of S~aron Alley (15 feet wide); thence by Sb. aren Alley North 56 degrees 00 miraites tX) seconds Eas~ a distance of iw~my-t]vc (25) feet w au iron pin (set) al Lot No. 3'/ou said plan; thence by Lot No. 37 South 33 degrees 4~i minutes 00 seconds ~,. a diaia~lee of one hxindted fi~y (1~0)feet tO a drill hole; H~evc. e by East Beale AvenUe South 56 degrees O0 minutes 00 seconds West a distance of twenty- five (25} feet lo the pla~ of beginning. BEINO Lot No, 38 on ~hu Plan of Lots as laid out by Arthur R. l~upley and recorded in Cumberland Co~uvy Deed Book "0". Volume 6~ Page 600. HA'v~NG THEREON ERECTED a ,wo and one-half story flame dwelling hou~ known as No~ 9 East ~alc Avenue. TITLE TO SAID PR~MISES L$ V~,STED IN Morris D. Piantz and .loa~ E. Plantz., his wi~e by Deed fromm Oietmn E, Vogelsong and/o~hMe ~ge Vogclaoug, Ms wife, dat~ 8/21/1984 and rucord~ i/31/1985 M D~ Book C31, Pa~ 271. TAX PARCEL #09-13.11291 ALL THAT C~..~TAIi'¢ piece of land situate in F. mat Penn~boro Towt,.$hip, Cumberlaad County, Pennsyl¥~nia, more particularly l~und=d an~ de$crikaM as follows, to wit: BEGINNING at an iron pin (set) on the Northern side of Eaat Beale Avenue (~0 ieet wide) at tim comet of Lot No. ]g on the hereinafter mention~ Plml of Lot~; th¢~¢ by Lot No, 39 North 93 cte~ec~ ~-3 t~S O0 ae~:oM$ Wv~t a di~nce of one hundred fifty (150) feet ~o an iron pin (s~0 on ~e Southern lille of S~atoll Alley (13 feet wide); the~ by $llat'o~ Alley No~th 56 degrees 00 miIRIte5 O0 ~eeonds East a distance of twenty-five (25) 'feet to an irml pin (set) at Lot 'No, 37 ou said phm; {hence by Lot No. 37 South ]3 degteem ~,:~ minu~ 00 aecon~t I~ast a dtKmnee of one hundred fifi'y (l~t) feet t~ a drill hole; th~llc, e by Fast Beale Avenue Sou~h 56 d_e, gr~m OO minutes O0 ~onds Wc~t a distance of twenty- five (Z$) f~ to the pla~¢ of beginning. B~NG Lot No. 38 on ~h~ Plan of Lots as laid out by Arthur R. Ruptey and recorded in Cumberland County Dee~ Book 'O~. Volume 6, Page 600. HAVING THEREON ERF. L~I'ED a two a~d onc41alf story frame dw¢llil~ tl0use know~ as No. 9 Fast ~ Aveaue. TITL£ TO SAiD PREMISF..S IS VESTED FN Morri~ D. plantz and Joan E. plm~tz., his wife by Dec~ ~ Ol~ E. Vogel$ong and Jo~ephi~ ga'es§e Vogelaon~, his wife, dated 8121t'1984 and reco~cled 1131/198~ in D~d Book C31, Page 271. TAX PARCEL t~09-13-1291-230 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-3362 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due REGIONS MORTGAGE, INC., Plaintiff (s) From MORRIS D. PLANTZ AND JOAN E. PLANTZ (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from dehvering 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 garrfishee, you are directed to notify him/her that he/she has been added as a gartfishee and is enjoined as above stated. Amount Due $91,565.95 L.L. $.50 Interest FROM 9/12/03 TO 3/3/04 - (PER DIEM - $15.05) - $2,618.70 AND COSTS Atty's Corem % Due Prothy $1.00 Atty Paid $122.04 Other Costs Plaintiff Paid Date: SEPTEMBER 15, 2003 (Seal) CURTIS R. LONG Prothonotary Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGIONS MORTGAGE, INC. VS. MORRIS D. PLANTZ JOAN E. PLANTZ ) CIVIL ACTION ) ) CIVIL DIVISION ) NO. 03-3362-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for REGIONS MORTGAGE~ INC. hereby verify that on September 15~ 2003 tree and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: January 26, 2004 Fl~k~q-K FED'E15,.~MAN, E~QUIRE Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND )~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Regions Mtg Inc is the grantee the same having been sold to said grantee on the 3rd day of March A.D., 2004· under and by virtue of a writ Execution issued on the 15th day of Sept, A.D., 2003· out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 3362, at the suit of Regions Mtg Inc against Morris D Plantz & Joan E is duly recorded in Sheriff's Deed Book No. 262, Page 746. IN TESTIMONY WHEREOF, I have hereunto set my hand · A.D2004 and seal of said office this day of Recorder of Deeds Regions Mortgage, Inc. VS Morris D. Plantz and Joan E. Plantz In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3362 Civil Term Ronald Kerr, Deputy Sheriff, who being duly sworn according to law, states that on November 18, 2003 at 6:20 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 defendants, to wit: Morris D. Plantz and Joan E. Plantz, by making known unto Morris Plantz, personally and husband of Joan E. Plantz, at 313 Second Street, Summerdale, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2004 at 2:06 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Morris D. Plantz and Joan E. Plantz located at 9 East Beale Ave., Enola, 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 defendants, to wit: Morris D. Plantz and Joan E. Plantz, by regular mail to their last known address of 313 Second Street, Summerdale, PA 17093. This letter was mailed under the date of January 9, 2004 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 3, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Regions Mortgage, Inc. It being the highest bid and best price received for the same, Regions Mortgage, Inc. of 1544 Old Alabama road, Roswell, GA 30076, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of $793.72, it being costs. Sheriffs Costs: Docketing $30.00 Poundage 15.56 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 30.00 Law Journal 265.40 Patriot News 251.74 Share of Bills 29.32 Distribution of Proceeds 25.00 Sherifl's Deed 39.50 $ 793.72 Sworn and subscribed to before me So Answers: This ,d ~ day of~'~ ~ ~ .:~~ J~,e,~ R. Thomas Kline, Sheriff 2004, A.D. ~V~Prdthonotary(~J.;I ~g~ ~ BY ,/~(~f{~' ,~I~[-q Real Estate Deputy Real Estate Sale # 04 On November 03, 2003 the sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 9 East Beale Ave., Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. By' ~,ckt~, [q-[.' Date: November 03, 2003 . Real Estate Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under ~ No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, 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 daily and/or Sunday/ Metro editions which appeared on the 20th and 27th day(s) of January and the 3rd day(s) of February 2004. 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 ~~°f [~avphin..~ ~ for said County of a phin Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ............................................................................. COPY Sworn to ands his 23rd da~f Febr_~ja~ 2004 A.D. S ,L..4 .,..,se. Teny L. Russ~l, Notary Pub~k Ci~Of Harrisburg, Dauphin County Nd~I-ARY PUBLIC REAL ~ Writ ma ~ I~. in My Commission Expires June 6, 2006 Member, Penns~va~aAsax~ea~O~No~ies~' y 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 $ 251.74 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News. newspapers of general receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS, Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 16, 23, 30, 2004 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. NO. 4 Writ No. 2003-3362 Civil Regions Mortgage, Inc. VS. Morris D. Plantz and Joan E. Plantz Atty.: Frank Federman ALL THAT CERTAIN piece of land situate in East Pennsboro Town- ship. Cumberland County, Pennsyl vania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin (set) on the Northern side of East Beale Avenue (50 feet wide) at the corner of Lot No. 39 on the hereinafter mentioned Plan of Lots; thence by Lot No. 39 North 33 degrees 43 ngnutes 00 seconds West a distance of one hundred fifty (150) feet to an iron pin (set) on the Southern line of Sharon Alley (15 feet wide]; thence by Sharon Alley North 56 degrees 00 minutes 00 seconds East a distance of twenty five (25) feet to an iron pin (set] at Lot No. arie Coyne, l~ditor SWORN TO AND SUBSCRIBED before me this 30 day of JANUARY 2004_ LOIS E, SNYDEFI, Nota~ Public C~isle Boro, Cumberland County My Commission Expires March 5, 2005 of Sharon Alley [15 feet wide); thence by Sharon Alley North 56 degrees 00 minutes 00 seconds East a distance of twenty-live feet to an iron pin (set) at Lot No. 37 on said plan; thence by Lot No, 37 South 33 degrees 45 minutes O0 seconds East a distance of one hundred fifty (150) feet to a drill hole; thence by East Beale Avenue South 56 degrees 00 minutes 00 seconds West a distance of twenty- five (251 feet to the place of begin- ning, BEING Lot No, 35 on the Plan of Lots as laid out by Arthm- R. Rupley and recorded in Cumberland County Deed Book "O", Volume 6. Page 600, HAVING THEREON ERECTED a bJm and one-half story frame dwell lng house known as No. 9 East Beale Avenue. TITLE TO SAID PREMISES IS VESTED IN Morris D, Plantz and Joan E. Plantz, his wife by Deed from Glenn E. Vogelsong and Jo- sephine gresge Vogelsong, }~s wife. dated 8/21/1984 and recorded 1/ 31/1985 in Deed Book C31, Page 27l. TAX PARCEL #09-15-1291-230.