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HomeMy WebLinkAbout03-3559i~EDERMAN AND PI-IELAN, 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 PLAIN[IFF MANUFACTURERS & TRADERS TRUST COMPANY, ONE M & T PLAZA, BUFFALO, NY 14203-2399, TRUSTEE FOR SECURITIZATION SERIES 1996-1, AGREE1VIBNT DATED 02/01/96 338 SOUTH WARMINSTER ROAD HATBORO, PA 19044 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY WARREN J. BARRETT CYNTHIA B. BARRETT 1101 LINDHAM COURT APT # 209 MECHANICSBURG, PA 17055 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File #: 65770 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) VClTH 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. Fire #: 65770 Plaintiff is MANUFACTURERS & TRADERS TRUST COMPANY, ONE M & T PLAZA, BUFFALO, NY 14203-2399, TRUSTEE FOR SECURITIZATION SERIES 1996-1, AGREEMENT DATED 02/01/96 338 SOUTH WARMINSTER ROAD HATBORO, PA 19044 The name(s) and last known address(es) of the Defendant(s) are: WARREN BARRETT CYNTHIA BARRETT 1101 LINDHAM COURT APT # 209 MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 01/24/1996 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CONTIMORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1302, Page 272. By Assignment of Mortgage recorded 02/05/03 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 694, Page 712. 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 03/01/2002 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 65770 6. The following amounts are due on the mortgage: Principal Balance Interest 02/01/2002 through 07/24/2003 (Per Diem $22.44) Attorney's Fees Cumulative Late Charges 01/24/1996 to 07/24/2003 Cost of Suit and Title Search Subtotal $86,273.48 12,095.16 1,250.00 1,070.28 $ 550.00 $101,238.92 Escrow Credit 0.00 Deficit 1,769.77 Subtotal $ 1,769.77 TOTAL $103,008.69 The attorney's fees set forth above are in conforrrdty 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. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $103,008.69, together with interest from 07/24/2003 at the rate of $22.44 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: FEDERMA PHELAN, LL ~. ...... FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 65770 ALL THAT CERTAIN house or lot of gournd situate in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the northeasterly line of the puoblic road leading to U.S. Route 15, Traffic Route 114 (L.R. 416), which said point is in the division line between Lots. Nos. 144 and 145 on the hereinafter mentioned Plan of Lots; thence along the division line between Lots Nos. 144 and 145 on said Plan, North 30 degrees..26 minutes East one hundred thirty and fifty-four hundredths (130.54) feet to a point in the division line between Lots No. 145 and 143 on said plan; thence along the division line between Lots Nos. 145 and 143 and Lots Nos. 145 and 142, South 59 degrees 34 minutes East, ninety (90) feet to a point in the division line between Lots Nos. 145 and 146 on said Plan; thence along the division line between Lots Nos. 145 and 146, South 30 degrees 26 minutes West, one hundred thirty and fifty-four hundredths (130.54) feet to a point in the northeasterly line of the public road leading to U.S. Route 15, Traffic Route 114 (L.R. 416), aforementioned; thence along the northeasterly line of said road, North 59 degrees 34 minutes West, ninety (90) feet to a point in the division line between Lots Nos. 144 and 145, at the point and place of beginning. BEING Lot No. 145, Section 2, of the Corrected Subdivision Plan of Spring Run Acres, recorded in Plan Book I9, page 7, Cumberland County records. HAVING thereon erected a dwelling house known as No. 2103 Aspen Drive. VERIFICATION MATT FEENEY hereby states that he is DOCUMENT CONTROL OFFICER of FAIRBANKS CAPITAL CORPORATION mortgage servicing agent for Plaintiffin 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 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Matt Feeney Document Control Officer SHERIFF'S RETURN - CASE NO: 2003-03559 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS BARRETT WARREN J ET AL REGULAR RICHARD SMITH , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon Sheriff or Deputy Sheriff of who being duly sworn according to law, 5th day of August by handing to BARRETT WARREN J DEFENDANT , at 2100:00 HOURS, on the at 1101 LINDHAM COURT APT 209 MECHANICSBURG, PA 17055 WARREN BARRETT a true and attested copy of COMPLAINT the , 2003 - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this ~? ~ day of ~4-~ -$ ~ A.D. P~r~onotary · 7-; So Answers: R. Thomas Kline 08/07/2003 /~ A FEDERMAN a PH~// '~ SHERIFF'S RETURN CASE NO: 2003-03559 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLJkND MANUFACTURERS & TRADERS TRUST VS BARRETT WARREN J ET AL - REGULAR KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT BARRETT CYNTHIA B DEFENDANT , at 1212:00 at 700 RUPP AVENUE SHIREMANSTOWN, PA 17011 CYNTHIA BARRETT a true and attested copy of - MORT FORE was served upon HOURS, on the 1st day of Auqust APT 9 by handing to the , 2003 COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 25.66 Sworn and Subscribed to before me this R7~ day of  ~2~ A.D. ~P~othonotary So Answers: R. Thomas Kline 0s/07/2003 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 MANUFACTURERS & TRADERS TRUST COMPANY, ONE M & T PLAZA, BUFFALO, NY 14203-2399, TRUSTEE FOR SECURITIZATION SERIES 1996-1, AGREEMENT DATED 02/01/96 338 SOUTH WARMINSTER ROAD HATBORO, PA 19044 Plaintiff, WARREN J. BARRETT CYNTHIA B. BARRETT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2003-3559 CIVIL TERM 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 WARREN J. BARRETT and CYNTHIA B. BARRETT, Defendant(s) for failure to file an Answer to Plaintift~s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 7/24/03 to 9/8/03 TOTAL $103,008.69 $1,054.68 $104,063.37 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 SHERIFF'S RETURN . CAsE NO: 2003-03559 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS & TPJtDERS TRUST VS BARRETT WARREN J ET AL - REGULAR RICH3kRD SMITH , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE BARRETT WARREN J DEFENDANT , at 2100:00 HOURS, on the at 1101 LINDHAM COURT APT 209 MECHANICSBURG, PA 17055 WARREN BARRETT a true and attested copy of COMPLAINT - Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 5th day of August , 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 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 08/07/2003 /~ A · FEDERMAN & PH~ // fD~puty Sheriff Prothonotary SHERIFF'S RETURN - REGULAR ~AsE NO: 2003-03559 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANI3FACTURERS & TRADERS TRUST VS BARRETT WARREN J ET AL KENNETH GOSSERT , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE BARRETT CYNTHIA B DEFENDANT , at 1212:00 HOURS, on the at 700 RUPP AVENUE APT 9 SHIREMAi~STOWN, PA 17011 CYNTHIA BARRETT a true and attested copy of COMPLAINT - Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 1st day of August , 2003 by handing to MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 25.66 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: 08/07/2003 FEDERMAN & PHELAN · 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 (71 ~) 56~-7000 MANUFACTURERS & TRADERS TRUST COMPANY, ONE M & T PLAZA, BUFFALO, NY 14203-2399, TRUSTEE FOR SECURITIZATION SERIES 1996-1, AGREEMENT DATED 02/01/96 Plaintiff Vs. WARREN J. BARRETT CYNTHIA B. BARRETT Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 03-3559 CIVILTERM TO: CYNTHIA B. BARRETT 700 RUPP AVENUE, APT//9 SHIREMANSTON, PA 17011 FILE COPY DATE OF NOTICE: AUGIhqT 26, 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 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 fred out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff · FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (915) 563-7000 MANUFACTURERS & TRADERS TRUST COMPANY, ONE M & T PLAZA, BUFFALO, NY 14203-2399, TRUSTEE FOR SECURITIZATION SERIES 1996-1, AGREEMENT DATED 02/01/96 Plaintiff VS. WARREN J. BARRETF CYNTHIA B. BARRETT Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 03-3559 CML TERM TO: WARREN J. BARRETT 700 RUPP AVENUE, APT//9 SHIREMANSTON, PA 17011 DATE OF NOTICE: ~UGUST 26, 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 fi.om the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to fred out where you can get legal help: CUMBERLAND COUNTY CLrMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 24%3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZa, SUITE 1400 PHILADELPHIA, PA 19103 (? 15) 563-7000 MANUFACTURERS & TRADERS TRUST COMPANY, ONE M & T PLAZA, BUFFALO, NY 14203-2399, TRUSTEE FOR SECURITIZATION SERIES 1996-l, AGREEMENT DATED 02/01/96 Plaintiff Vs. WARREN J. BARRETT CYNTHIA B. BARRETT Defendants ATTO1LNEY FOR PLAINTII~F : COURT OF COMMON PLEAS : CML DMSION : CUMBERLAND COUNTY : NO. 03-3559 CIVIL TERM TO: CYNTHIA B. BARRETT 1101 LINDHAM COURT, APT #209 MECHANICSBURG, PA 17055 DATE OF NOTICE: AI~GI JST 26, 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 BANIERUPTCY, 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 emer a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other u'n~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 telephone the following office to fred out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 L1BERTY 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 (715) 56'~-7000 MANUFACTURERS & TRADERS TRUST COMPANY, ONE M & T PLAZA, BUFFALO, NY 14203-2399, TRUSTEE FOR SECURITIZATION SERIES 1996-1, AGREEMENT DATED 02/01/96 Plaintiff VS. WARREN J. BARRETT CYNTHIA B. BARRET~F Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DMSION : CUMBERLAND COUNTY : NO. 03-3559 CIVIL TERM TO: WARREN J. BARRETT 1101 L1NDHAM COURT, APT #209 MECHANICSBURG, PA 17055 DATE OF NOTICE: AIIGI/ST 26, 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 forlh against you. Unless you act within ten (10) days fi.om the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important fights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to fred out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL1NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (7.15) 56~-7000 MANUFACII..q~RS & TRADERS TRUST COMPANY, ONE M & T PLAZak, BUFFALO, NY 14203-2399, TRUSTEE FOR SECURITIZATION SERIES 1996-1, AGREEMENT DATED 02/01/96 Plaintiff WARREN $. BARRETT CYNTHIA B. BARRETT Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 03-3559 CML TERM TO: CYNTHIA B. BARRETT 2103 ASPEN DRIVE MECHANICSBURG, PA 17055 DATE OF NOTICE: AIIGI[ST 26, 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 PROPERS/. EMPORTANTNOTICE You are in default because you have failed to enter a writ'ten 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 (I0) 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 impoCamt rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to fred out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (7 l 7) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff · - FEI~ERMAN 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 (215) 563-7000 MANUFAC3~JRERS & TRADERS TRUST COMPANY, ONE M & T PLAZA, BUFFALO, NY 14203-2399, TRUSTEE FOR SECURITIZATION SERIES 1996-l, AGREEMENT DATED 02/01/96 Plaintiff VS. WARREN L BARRETT CYNTHIA B. BARRETT Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DIVISION : CUMBERLAND COUNTY : NO. 03-3559 CIVIL TERM TO: WARREN J. BARRETT 2103 ASPEN DRIVE MECHANICSBURG, PA 17055 DATE OF NOTICE: AUGUST 26, 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 fights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to fred out where you can get legal help: CUMBERLAND COUN'I~ 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 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS & TRADERS TRUST COMPANY, ONE M & T PLAZA, BUFFALO, NY 14203-2399, TRUSTEE FOR SECURITIZATION SERIES 1996-1, AGREEMENT DATED 02/01/96 338 SOUTH WARMINSTER ROAD Plaintiff, WARREN J. BARRETT CYNTHIA B. BARRETT CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2003-3559 CML TERM Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on .Qo q 200a. If you have any questions concerning this matter, please contact: FR~FEDERMAN, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103 - 1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU 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.** LEGAL DESCRIPTION ALL 'IIlAT CERTAIN hottqe or lot of gourad situal¢ ia thc Township of Upper Allen, Coamy of Cumberland and State of Pean~ylvan'~a, boullded a.ml de~dbc, d as follows, to wit: 14tiGINNING at a point in the nolahea.~terly line of Ge puobli,' roafi leading to U,S. Route i$, ~miker m~d Plan of Lots; ~etl~ along ~ d~q~n line ~tw~ Eom No~. 1~ and 145 on m a point in ~ divisicm line b~w~n ~s No, t 15 ~ 143 on mid phn; thence along tim division ~ce~l Lo~ Nos. 145 ~d t43 ~ Lots N~. 145 and 142, South 59 de~ 34 m~ute8 ~I, ~) foot m a ~t in t~ 5iv~ion tine betw~n h~tg No~ 145 and 146 oa ~aid ~1~; fl~eme alo~ the divisio~ ~ h~c~ ~s N~. 145 ~d 146, ~ath 30 degm~ 26 miao~ We~, one hu~ and f~y-~ur hu~re~hs (13~,~) fe~ m a poi~l in the ~o~h~as~l~ 1~ of the public ~d lead~ C,S. R~te 15, T~af~ Room 114 (L.R. 416). afor~e~fi~ed; ~ee along ~ no~h~smrty said mM. N~ 59 de~s 34 minu~ W~, n~y (~) f~t m a ~int in the division l~e h*B Nos. l~ ~ 145, at t~ ~t ~ pl~ of BEING Lot No, 14~, Section l, of the C~arr~ct.~l Subdivision Plan Plan Book 19, page 7, HAVING tl~-x~On erected a dwolling hou~ known as No, 2103 Alfpen Drive. Tax Parcel #42~28-2421-125 TITLE TO SAID PRA?,MIS -ES IS VESTED IN Warren 1. Barrtat and Cynthia B. B~rc~, His Wife by ~ ~om Kcme~ J, Ko~an ~ad 1~ M. K~, His Wife ~ted 12/6/1978, ~utded 12/811~8, in ~ Book E, Volu~ 28, Page 672, 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 MANUFACTURERS & TRADERS TRUST COMPANY, ONE M & T PLAZA, BUFFALO, NY 14203-2399, TRUSTEE FOR SECUR/TIZATION SERIES 1996-1, AGREEMENT DATED 02/01/96 338 SOUTH WARMINSTER ROAD Plaintiff, WARREN J. BARRETT CYNTHIA B. BARRETT Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL D/VISION NO. 2003-3559 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 WARREN J. BARRETT is over 18 years of age and resides at, 1101 LINDHAM COURT, MECHANICSBURG, PA 17055, (c) that defendm~t CYNTHIA B. BARRETT is over 18 years of age, and resides at, 700 RUPP AVENUE, SHIREMANSTOWN, PA 17011. This statement 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 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MANUFACTURERS & TRADERS TRUST : COMPANY, ONE M & T PLAZA, BUFFALO, NY : 14203-2399, TRUSTEE FOR SECURITIZATION : SERIES 1996-1, AGREEMENT DATED 02/01/96 : Plaintiff, : WARREN J. BARRETT CYNTHIA B. BARRETT No. 2003-35S9 CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 9/8/03 to DECEMBER 10, 2003 (per diem -$17.11) TOTAL $104,063.37 $1,591.23 and Costs $105,654.60 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. LEGAL DESCRIPTION AI,L TilAT CER'FAIN hOU~ or tot of gourud situatu in tho Township of Upper Allen, Coumy of Cumberland and State of Pennsylvania, boulglcd and de.scribed as follows, to wit: BEGINNING at a point in the northeasmrly tine of ~e puoblic road leading ~o U~S. Route 15. Traffic R. ouic 114 (L.R. 416), which said poiut is in ihe division li~e helwcen lots. Nos. 144 and 145 out. he ~l~er mentioned Plan of Lots; thence along the division line between Lots Nom_ 144 and 145 on said Plan, Noah 30 ~{gt~:S 26 mtrtu~e~ .East ou,~ hundred thirty and fifty-fo~ Imndrcdiits (t30.54) feet m a poi,i in ~: division li~ b~ween Lots No. !45 and In3 on said plan; thence along ~e division tine betwec, a Lots Nos. 145 and 143 and Lots Nos~ 145 and 142, South 59 d~g~ 34 minutes Easl, ninety (90) feut ~o a point in the division line bctwee, Lots Nos, 145 and 146 old ,~aid Plan; tl~eac~ along the division line between Lois N~. 145 and i46, South 30 degre~ 26 ,uiaut~S West, one hundred thin>, and fi_tty.~Our hundredths (130,54) f~t to a point in the northuasmrly tine of the public road leading ia U.S. Route t$, Traffic Rou~ 114 (L.R. 416), aforemenHoued; ~hen¢~ along the northeasterly linc of .~,id mad, Nol~h 59 degrees 34 miracles We~t, hie. ely (90) f~el to a i~int in the division line bel-~eea Lots Nos. 144 and 145, at the point and pla~.~ of heginuing BEING Lot No. 14~, SectiOn 2, of the Corrcctud Sulxlivisioa Plan of Spring Run Acr~. r~co~led in Plan Boot: i9, l~tge 7, Cumbutiand County records. HAVIN('{ thereon erected a dweilin§ house known as No. 2103 Aspen Drive. Tax Parcel #,42-28-2421-12.5 TrfLE TO SAID PREM[S{F_$ IS VESTED IN Warren 1, Barl~ctt aud Cynthia B, ikurctt, His Wife by Deed from Kenneth J, Kosan and Th~usa M_ Kosan, His Wife dated 12!6/1978, recorded 12/811978, in Deed Book E, Volume 28, Page 672, MANUFACTURERS & TRADERS TRUST COMPANY, ONE M & T PLAZA, BUFFALO, NY 14203-2399, TRUSTEE FOR SECURITIZATION SERIES 1996-1, AGREEMENT DATED 02/01/96 Plaintiff, WARREN J. BARRETT CYNTHIA B. BARRETT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. 2003-3559 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MANUFACTURERS & TRADERS TRUST COMPANY, ONE M & T PLAZA, BUFFALO, NY 14203-2399, TRUSTEE FOR SECURITIZATION SERIES 1996-1, AGREEMENT DATED 02/01/96, 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 ,2103 ASPEN DRIVE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WARREN J. BARRETT CYNTHIA B. BARRETT 1101 LINDHAM COURT MECHANICSBURG, PA 17055 700 RUPP AVENUE SHIREMANSTOWN, PA 17011 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: Nanle None Last Known Address (if address carmot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Nallle 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. Narne Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: malTle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 2103 ASPEN DRIVE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree 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. Selatember 8, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MANUFACTURERS & TRADERS TRUST COMPANY, ONE M & T PLAZA, BUFFALO, NY 14203-2399, TRUSTEE FOR SECURITIZATION SERIES 1996-1, AGREEMENT DATED 02/01/96 Plaintiff, WARREN J. BARRETT CYNTHIA B. BARRETT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2003-3559 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 91 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 unsworn falsification to authorities. FRANK FEDERMAN, ESQU/RE Attorney for Plaintiff MANUFACTURERS & TRADERS TRUST COMPANY, ONE M & T PLAZA, BUFFALO, NY 14203-2399, TRUSTEE FOR SECURITIZATION SERIES 1996-1, AGREEMENT DATED 02/01/96 Plaintiff, WARREN J. BARRETT CYNTHIA B. BARRETT CUMBERLAND COUNTY No. 2003-3559 CIVIL TERM Defendant(s). September 8, 2003 TO: WARREN J. BARRETT 1101 LINDHAM COURT MECHANICSBURG, PA 17055 CYNTHIA B. BARRETT 700 RUPP AVENUE SHIREMANSTOWN, PA 17011 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED 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 PROPERTE ** Your house (real estate) at, 2103 ASPEN DRIVE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $104,063.37 obtained by MANUFACTURERS & TRADERS TRUST COMPANY, ONE M & T PLAZA, BUFFALO, NY 14203-2399, TRUSTEE FOR SECURITIZATION SERIES 1996-1, AGREEMENT DATED 02/01/96 (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 Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your 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 fred 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 Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION AI.L 'iI1AT CER'F,AII~ house or lot of gournd situate in the TownglGp of Upper Allen~ Coanty of Cumberlaml and State of Pennsylvania, boutlded ami de.mribed as follows, to wit: 8EGINNqNG at a point in the norlbogsUsrly li~e of the pnobli~ ro~ lea~ng ~o U.S, Rou~e Roam 1 ~4 (L.R. 416), w~ch ~d ~t ~ in ~ dWision I~e '~'~en [~ts. N~ h~licr m~t~mfl Plan of Lots; thea~ a~ong ~ di¥is~n ti~ ~tw~ ~ts No~. said Pi~, No~ll 30 desks 26 ai~u~s ~st o~ hund~ thi~r ~ fi~-~o~ l~o~d~i~s t~ a point ~n ~e division line b~w~n ~ts No. 145 ~ 143 on ~ pkan; ,t~ence ainu8 tim division 1Lne ~t~ccn Lorn No~. 145 ~d 143 a~ Lots No~. 145 a~ 142, South 59 degtee~ $4 (90) fee[ m a ~int in t~ fiiv~ion tine betw~n Lms ~o~. 145 and I46 on said Pl~; division ~ b~'e~ ~is N~. 145 and 146~ SO~lh 30 degre~ 26 minu~ We~. o~e hu~ fl~y and f~y-four huMredths (130.~) fe~ m a p~l in the northeasmrly l~e of t~ public mad lcadia8 C.S. Re, ute 15, Traffic Roum 114 (L.R. 416), afotemcnfi~; ~ce along fl~e ~a~h~s~rly line ~f ~aid road. North 59 degas 34 minutes We~t, nifty (~) t~t m a point i~ the 0ivision line ~)~ Nos. I44 ~d 145, at the ~Mt ~ pl<e of begiming BEiN(3 Lot No. 145, Section 2, of the Corrected Sulxlivisioa Plan o1~' Spring Run Acr~, recorded in Plan Bo~k 19, page 7, Cmbelland County recor6s. HAVING th~'-reon effected a dv,,ellin§ Imu~ known as No, 2103 Aspen Tax Pa~cet #,t2~28-2421-1 Z5 ~ITLE TO SAID PREMTS 'F-.S IS VESTED IN Warren l Barrett and Cynthia B~ Ba,,-rctt, l-Ils Wife bY Dod from Kenneth $, Ko.qaa m<l 'l'herez, a M. Kosan, His Wit'e dated 12/6f1978, recorrted t2/$11978, in Deed Book E, Volume 28, Page 6/2. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03=3559 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUFACTURERS & TRADERS TRUST COMPANY, ONE M & T PLAZA, BUFFALO, NY 14203~2399, TRUSTEE FOR SECURITIZATION SERIES 1996-1, AGREEMENT DATED 2/1/96 Plaintiff (s) From WARREN J. BARRETT AND CYNTHIA B. BARRETT (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also (Y~rected to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are chrected to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. AmonntDue $104,063.37 L.L. $.50 Interest FROM 9/8/03 TO 12/10/03 (PER DIEM - $17.11) - $1,591.23 AND COSTS Atty's Corem % Due Prothy $1.00 Atty Paid $143.94 Other Costs Plaintiff Paid Date: SEPTEMBER 9, 2003 (Seal) CURTIS R. LONG Prothono~ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 AFFIDAVIT OF SERVICE PLAINTIFF MANUFACTUILERS & TRADERS TRUST COMPANY, ONE M & T PLAZA, BUFFALO, NY 14203-2399, TRUSTEE FOR SECURITIZATION SERIES 1996-1, AGREEMENT DATED 02/01/96 DEFENDANT(S) WARREN J. BAKRETT CYNTHIA B. BARRETT SERVE CYNTHIA B. BARRETT AT 700 RUPP AVENUE SHIREMANSTOWN, PA 17011 CUMBERLAND COUNTY KMD No. 2003-3559 CML TERM ACCT./t2019642533 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2003 SERVED of pe~sylv~i~ in the m~ner aescnb~ below: ~ Defender personally serve. Adult f~ly member with whom Defend~t(s) reside(s). Relation~ip is _ . Adult m ch~ge of Defender(s) residence who reused to ~ve n~e or relationship. M~ager/Clerk of place of lodging in which Defender(s) reside(s). ~ Agent or person in ch~ge of Defen~t(s)'s o~ce or usual place of business. an o~cer of said Defendant(s)'s company. Other: t t ] ~' ~esc~'ption' Age q~ Height~t Weight/40 Race ~ Sex ~ Other ~'~ ~i~ ,,~X~W;~c, L, G~k~ ~a competent adult, being duly sworn acc°rding t° law' del~se ~d state that I pers°naliy h~d~ - - - X~ ~. · . 'n issued in ~e ca tioned case on ~e date ~d at a ~ue and co~ect copy of ~e Notice of Shen~s Sale m the m~ner ~ set forth beret , P the ~dress indicated above. ~ Sworn to and subscribCdy NOT SERVED On the _ day of _ Moved __ Unknown __ 1't Attempt: / / Time: _ 3rd Attempt: / / Time: Sworn to and subscribed before me this day of ,200 _. Notary: · 200__, at __ o'clock __.m., Defendant NOT FOUND because: No Answer __ Vacant 2~ Attempt: / / Time: : By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 AFFIDAVIT OF SERVICE PLAINTIFF MANUFACTURERS & TRADERS TRUST COMPANY, ONE M & T PLAZA, BUFFALO, NY 14203-2399, TRUSTEE FOR SECURITIZATION SERIES 1996-1, AGREEMENT DATED 02101/96 DEFENDANT(S) WARREN J. BARRETT CYNTHIA B. BARRETT SERVE WARREN J. BARRETT AT 700 RUPP AVENUE SHIREMANSTOWN, PA 17011 CUMBERLAND COUNTY KMD No. 2003-3559 CIVIL TERM ACCT. #2019642533 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2003 Served and made known to ~.~'~'q~'*'~ '~'-' of Pennsylvania, in the manner described below: ~' Defendant personally served. -- Adult family member with whom Defendant(s) reside(s), Relationship is _ -- Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of smd Defendant(s) s comp y. Other: .S~ED 6&.n.~.~[~5~fendant. onthe /7(~ dayof_~-_,200_-~, Q~-, .,/ ~,~'~ ~'~ ~n~,~ ~ ~ ~ ~,Commonwealth " Otbe Description: Age .J~ Height ~- ~ Weight [~ 0 Race Swom to and subsc~ed befo~ me[his ~ Say ~ ~ .~ 5~ ~ NOT SERVED On the day of ,200__ at o'clock __.m., Defendant NOT FOUND because: Moved Unknown __ No Answer _ Vacant Iat Attempt:~ / / Time: : 2~a Attempt: / / TimeL, : 3rd Attempt: / / Time: : Sworn to and subscribed before me this _ day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MANUFACTURERS & TRADERS TRUST COMPANY, ONE M & T PLAZA, BUFFALO, NY 14203-2399, TRUSTEE FOR SECURITIZATION SERIES 1996-1, AGREEMENT DATED 02/01/96 VS. WARREN J. BARRETT CYNTHIA B. BARRETT CiVIL ACTION CIVIL DIVISION NO. 2003-3559 CIVIL TERM .AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for .MANUFACTURERS & TRADERS TRUST COMPANY ONE M & T PLAZA BUFFALO NY 14203-2399 TRUSTEE FOR SECURITIZATION SERIES 1996-1 AGREEMENT DATED _02/01/96 hereby verify that on Sel~tember 11~ 2003 & November 13~ 2005 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: November20 2003 FRANK FEDERMAN, ESQUIRE - Attorney for Plaintiff FEDERMAN AND PHELAN, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Main Fax 215-563-5534 November 20, 2003 Office of the Prothonotary CUMBERLAND County Courthouse MANUFACTURERS & TRADERS TRUST COMPANY, ONE M & T PLAZA, BUFFALO, NY 14203-2399, TRUSTEE FOR SECURITIZATION SERIES 1996-1, AGREEMENT DATED 02/01/96 v. WARREN J. BARRETT and CYNTHIA B. BARRETT CUMBERLAND County, No. 2003-3559 CIVIL TERM Dear Sir, Please file the enclosed AMENDED affidavit(s) in reference to the above captioned matter(s). Kindly return the attorney copy(s) in the self addressed stamped envelope that has been provided for your convenience. Thank you for your cooperation. Rachel L. Allmond for Federman and Phelan CC: Sheriff's Office of County MANUFACTURERS & TRADERS TRUST COMpANy, ONE M & T PLAZA, BUFFALO, NY 14203-2399, TRUSTEE FOR SECURITIZATION SERIES 1996-1, AGREEMENT DATED 02/01/96 Plaintiff, WARREN J. BARRETT CYNTHIA B. BARRETT Defendant(s). CUMBERLAND COUNTy COURT OF COMMON PLEAS CIVIL DIVISION NO. 2003-3559 CML TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MANUFACTURERS & TRADERS TRUST COMPANY ONE M & T PLAZA BUFFALO NY 14203-2399 TRUSTEE FOR SECURITIZATION SERIES 1996-1 AGREEMENT DATED 02/01/96, Plaintiffin 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 thc real property located at .,2103 ASPEN DRIVE, MECHANICSBURG~ PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WARREN J. BARRETT CYNTHIA B. BARRETT 1101 LINDHAM COURT MECHANICSBURG, PA 17055 700 RUPP AVENUE SHIREMANSTOWN, PA 17011 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Natne BANC ONE FINANCIAL SERVICES, INC. CHRYSLER FIRST CDC, F/K/A FINANCE AMERICA CDC Last Known Address (if address cannot be reasonably ascertained, please indicate) 10300 KINCAID DRIVE FISHERS, IN 46038 1635 MARKET STREET PHILADELPHIA, PA 19103 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 Noue Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 2103 ASPEN DRIVE MECHANICSBURG, PA 17055 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 unsworn falsification to authorities. November 20, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff o~ ~ $ 01.50° 00043003 ~7 SEP~! 20'33 MAIIJ2D FROM ZIPCODE i 9103 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 Jack M Sproch is the grantee the same having been sold to said grantee on the 7th day of January A.D., 2004, under and by virtue of a writ Execution issued on the 9th day of September, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 3559, at the suit of Manufacturers & Traders Tr Co, Trustee for Securitization Series 1996-1 against Warren J & Cynthia B Barrett is duly recorded in SheriWs Deed Book No. 261, Page 3533 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ,/fi'~day o~ A.D. 20~_2~. ' Recorder of Deeds Manufacturers & Traders Trust Company, One M & T Plaza, Buffalo, NY 14203- 2399, Trustee for Securitization Series 1996- l, Agreement Dated 02/01/96 VS Warren J. Barrett and Cynthia B. Barrett In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3559 Civil Term Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on September 22, 2003 at 6:37 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Warren J. Barrett, by making known unto Warren Barrett personally, at 1101 Lindham Court, #209, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the san~e. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on September 22, 2003 at 3:58 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Cynthia B. Barrett, by making known unto Tera Barrett, adult daughter of Cynthia Barrett, at 700 Rupp Ave., #9, Shiremanstown, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 10, 2003 at 2:45 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 Warren J. Barrett and Cynthia B. Barrett located at 2103 Aspen Drive, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to the within named defendant, to wit: Warren J. Barrett, by regular mail to his last known address of 1101 Lindham Court, #209, Mechanicsburg, PA 17055. This letter was mailed under the date of October 9, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Cynthia B. Barrett, by regular mail to her last known address of 700 Rupp Ave., #9, Shiremanstown, PA 17011. This letter was mailed under the date of October 9, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Ctunberland County, Pennsylvania on January 7, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $103,501.00 to Jack M. Sproch. It being the highest bid and best price received for the same, Jack M. Sproch of 70 Hickorytown Road, Carlisle, PA 17013, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $108,387.40. Sheriff's Costs: Docketing $30.00 Poundage 2,070.02 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 24.84 Levy 15.00 Surcharge 30.00 Law Journal 344.45 Patriot News 300.55 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 2,979.76 Sworn and subscribed to before me This ,~3,~day of 2004, A.D. Prothonotary ,,~~ers: , R. Thomas Kline, Sheriff Real Esta[~_~Deputy SCHEDULE OF DISTRIBUTION SALE NO. 71 Date Filed: February 6, 2004 Writ No. 2003-3559 Civil Term Manufacturers & Traders Trust Company, One M & T Plaza, Buffalo, NY 14203-2399, Trustee for Securitization Series 1996-1, Agreement Dated 02/01/96 VS Warren J. Barrett and Cynthia B. Barrett Sale Date: Buyer: Bid Price: January7,2004 Jack M. Sproch $103,501.00 Real Debt: $104,063.37 Interest: 1,591.23 Attorney Costs: 143.94 Total: $105,798.54 DISTRIBUTION: Receipts: Cash on account (09/I 1/03): $ 1,500.00 Cash on account (01/07/04): 10,350.00 Cash on account (01/23/04): 98,037.40 Total Receipts: $109,887.40 Disbursements: Sheriff's Costs $ 2,979.76 Legal Search 200.00 State Transfer Tax 1,308.19 Local Transfer Tax 1,308.19 Cumberland County Tax Claim Bureau 2,232.51 Upper Allen Township 354.04 Attorney Frank Federman 1,500.00 Manufacturers & Traders Trust Company 100,004,71 Total Disbursements: Balance for distribution: ($109,887.40) 0.00 So Answers: R. Thomas Kline Sheriff THE-PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 28th day(s) of October and the 4th and 11th day(s) of November 2003. That neither ha 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. COPY S'~';; ofore rne~.~ 19th da¢ D Ck-yOf Harrisburg, Dauph'= ,,,. n[y i NOTA~F{Y PUBLIC My commission Ju.s S, 200S Me~ber Pennsylvania Assoc~alion Of No{anes CUMBERLAND COUNTY SHERIFFS OFFICE CUMBER!_,N'4D 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 $ 300.55 ~4~tt~ Publisher's Receipt for Advertising Dost ,~,-~-~~3t~.~l~:.,,.,..,.,.,.__,_~.u~t,, t= I Co.. publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general 14~ a~ ~lill~a, fl~t~ 3~ ~.~ledge receipt of the aforesaid notice and publication costs and certifies that the same have 14~ ~ I ~'T, IJId ~ .q~ I~ ~! 1.1~. ~c~l~ :~ By .................................................................... 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: OCTOBER 17, 24, 31, 2003 Affiant further deposes that he is author/zed 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. R~AL ~TAT~ 8AI~ NO. 71 Writ No. 2003-3559 Civil Manufacturers & Traders Trust Company, One M & T Plaza. Buffalo, NY 14203-2399. Trustee for Securitization Series 1996-1, Agreement Dated 02/01/96 VS. Warren J. Barrett and Cynthia B. Barrett Atty.: Frank Fede~Tnan LEGAL DESCRIPTION ALL THaT CERTAiN house or lot of ground situate in the Township of Upper Allen, County of Cumber- land and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the northeasterly tine of the public road leading to U.S. Route 15. Traffic Route 114 {L.R. 416), which said point is in the division line between Lots Nos. 144 and 145 on the here inafter mentioned Plan of Lot~; thence along the division line be tween Lots Nos. 144 and 145 on said Plan. Narth 30 degrees 26 rain utes East one hundred thirty and fil~y-four hutxdredths (130.54) feet ~ ~h~ ta2Lb~ .division !ine be- ff_~'sa Made Coyne, E~tor SWORN TO AND SUBSCRIBED before me this 31 .day of OCTOBER, 2003 LOIS E. SNYDER, Notap/Public Carlisle Bom, Cumbedafld County My Conuaissiofl Expires March 5, 2006 ,,~,~.~ment Dated 02/0l/9g Cynt,~fia B. Barrett Atty.: Frank Federman LEGAL DESCRIIYEION ALL THaT CERTAiN house or lot of ground situate in the Township of Upper Allen, County of Cumber- land and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point m the northeasterly line of the public road leading to U,S. Route 15, Traffic Route I14 (L.R. 4161, which said Lr~is Nos, 144 and 148 on the here inafter mentioned Plan of Lots: thence along the division line be- tween Lots Nos. 144 and 145 on said Plan, North 30 degrees 26 rain utes East one hundred thirty and l]fty-four hundredths /IB0.54] feet tween Lots No. 14,5 axed 143 on said plan; thence along the division line between Lots Nos. 145 and 143 and Lots Nos, 145 and 142. South 59 degrees 34 minutes East, ninety feet to a point in the division line between Lots Nos. 145 and 146 on said Plan; thence along the division line between Lots Nos. 145 and 146. South 30 degrees 26 minutes West~ one hundred ti'drty atld fifty- four hundredths /130.54 feet to a point in the northeasterl}f line of th~ public road /carling to U.S. Route 15, Traffic Route i14 iL.R, 4161, aforementioned; thence along the northeasterly line of said road. North 59 degrees 34 minutes West, ninety (901 feet to a point in the division line between Lots Nos, 144 and 145. at the point and place of BEING Lot No. 145, Section 2, of the Corrected Subdivision Plan of Spring Run Acres, recorded in Pla~l Book 19, page 7, Cumberland County records, HAVING thereon erected a dwell- ing house known as No. 2103 As pen Drive. Tax Parcel #42-28-2421-125. TITLE TO SAID PREMISES IS VESTED IN Warren J. Barrett and Cynthia B, Barrett. His Wife by Deed from Kenneth J. Kosan and 'Fneresa M, Kosan. His Wife dated 12/6/ 1978, recorded 12/8/1978, in Deed Book E, Volume 28, Page 672. SWORN TO AND SUBSCRIBED before me this _ 3~1 day of OCTOBER, 2003_ LOIS E, SNYDER, Notary Public C~isle 8oro, Cumberland CouP/ My C~issio~ F.~res Mar~ 5, 2005