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HomeMy WebLinkAbout07-2259KIVITZ & KIVITZ, P.C. BY: Jay E. Kivitz, Esquire NON-JURY ID# 26769 7901 Ogontz Avenue P.O. Box 27368 Philadelphia, PA 19118-0308 (215) 549-2525 Attorney for Plaintiff Midwest First Financial Limited Partnership IV COURT OF COMMON PLEAS 11904 Arbor Street, Suite 200 CUMBERLAND COUNTY Omaha, NE 68144 . PLAINTIFF c V. NO. 011 - -U F ??v i j, 1 ?JLh? Christopher J. Cowoski and Jill A. Cowoski 6 Spring Valley Lane Mechanicsburg, PA 17055 DEFENDANTS NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD ST. CARLISLE, PA 17013 (800) 990-9108 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT This is an attempt to collect a debt and any information obtained will be used for that purpose. Unless you dispute the validity of this debt, or any portion thereof, within thirty (30) days after receipt of this notice, the debt will be assumed to be valid by our offices. If you notify our offices, in writing, thirty (30) days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, by mail. Upon your written request, within thirty (310) days, this office will provide you with the name and address of your original creditor concerning this debt, if different from the current creditor. 1. Plaintiff is Midwest First Financial Limited Partnership IV, 11904 Arbor Street, Suite 200, Omaha, NE 68144. 2. Defendant(s) is/are as follows: A. Mortgagor(s): Christopher J. Cowoski and Jill A. Cowoski, who reside at 6 Spring Valley Lane, Mechanicsburg, PA 17055. B. Real Owner(s): is/are the mortgagor(s). 3. The date of the mortgage is March 9, 2006. 4. A description of the land and property subject to the mortgage is set forth in Exhibit "A", incorporated herein by reference. 5. The mortgagee is Madison Equity Corporation 6. The mortgage was recorded in the Recorder's Office of Cumberland County in Mortgage Book 1944, page 2627 et seq. and is incorporated by reference herein as though fully set forth at length. 7. 'rhe mortgage was assigned as follows: a. The first assignment was to Madison Equity, LLC, was recorded in the Recorder's Office for Cumberland County in Mortgage Book 726 page 2187, and is incorporated by reference as though fully set forth at length. b. The second assignment was to Midwest First Financial LP IV, the plaintiff herein, is in the process of being recorded in the Recorder's Office for Cumberland County, and is incorporated by reference as though fully set forth at length. 8. Written Notice of Intention to Foreclose, pursuant to Act 6 of 1974 is not required because the original principal amount of the mortgage was in excess of $50,000.00 9. Written Notice pursuant to Homeowners' "Emergency Mortgage Assistance Act of 1983", pursuant to Act 91 of 1983, a copy of which is attached hereto as Exhibit "B", was sent to the mortgagors and real owners on February 7, 2007. 9. The mortgage is in default because monthly payments of principal and interest upon said mortgage due December 1, 2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one (1) month, the entire principal balance and all interest due thereon are collectible forthwith. Tender of payment, if any, was rejected because the amount tendered did not represent the amount due at the time of tender. 10. The following amounts are due on the mortgage: Principal Balance Information Certificate Prothonotary - File Complaint Escrow Balance Interest from 11 / 1 /06 to 4/18/07 at $ 42.43 per diem Late Fees Accrued from 12/1/06 to 4/18/07 @ $65.93 per month Property Inspections Attorney's Fees (5% of unpaid principal and interest) Prepayment Penalty Credits - Suspense Account TOTAL ..... $132,942.52 250.00 78.50 -0- 7,170.67 212.15 140.00 7,329.48 6,124.17 (1,318.09) $ 154,247.49 11. The Prepayment Penalty set forth above is in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event the mortgage is paid off. If the mortgage is brought current the prepayment penalty will not be charged. 12. 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 based on the work actually performed. WHEREFORE, Plaintiff requests the Court to enter judgment of mortgage foreclosure against the mortgaged property for the amount set forth above, interest and late charges at the contract rate until the date of Sheriffs Sale, foreclosure of said mortgage and a judicial sale of the mortgaged premises. KIVITZ & KIVITZ, P.C. f? J 4Y E. KIVITZ, SQUIRE Attorney for Plaintiff VERIFICATION I, Craig K. Olson, being duly sworn according to law, deposes and says that I am the Vice President for Midwest First Financial Limited Partnership IV, the above named Plaintiff, that I am authorized to take this verification on behalf of the Plaintiff, and that the statements made in the foregoing pleading 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. §4904 relating to unworn falsification to authorities. Craig K. Olson, Vice President April 18, 2007 DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, shown as Lot #76, Phase II, Bowman's Hill as described in accordance with the Final Subdivision Plan of Bowman's Hill Phase II recorded in Cumberland County Plan Book 68, Page 15, more particularly described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Spring Valley Lane, a 50 foot right-of-way, at the southwestern corner of Lot #77 on the aforementioned plan; thence along said northern right-of-way line of Spring Valley Lane South 65 degrees 05 minutes 43 seconds West a distance of 85.46 feet to a point at the Southeastern corner of Lot 475 on the aforementioned plan; thence along said Lot #75 North 24 degrees 54 minutes 17 seconds West a distance of 116.12 feet to a point at the southern line of lands now or formerly of Kenneth R. White and Martha C. White; thence along said lands now or formerly of White North 63 degrees 53 minutes 59 seconds East a distance of 85.40 feet to a point at the northwestern corner of Lot #77 on the aforementioned plan; thence along said Lot #77 South 24 degrees 54 minutes 17 seconds East a distance of 117.91 feet to a point and place of BEGINNING. CONTAINING 10,000 square feet. UNDER AND SUBJECT, Nevertheless, to the same conditions, restrictions, exceptions and reservations as exist by'virtue of prior recorded instruments, deeds and conveyances. BEING THE SAME PREMISES WHICH Bowman's Hill Associates, a Pennsylvania General Partnership, by Deed dated March 13, 1998 and recorded March 17, 1998 in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book 173, Page 737, granted and conveyed unto David R. Thompson and Denise P. Thompson, husband and wife. Being Parcel # 42-29-2454-255 BEING KNOWN AS 6 SpringValley Lane ??ll ll, t ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM DATE: February 7, 2007 FORECLOSURE Christopher J Cowoski 6 Spring Valley Lane Mechanicsburg, PA 17055 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default and the lender intends to foreclosure. Specific information about the nature of the default is provided in the attached paces. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the grog= works. To see if !MM-AP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS FROM THE DATE OF THIS NOTICE. Take this Notice with you when you meet the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have My questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUEDE AFECTA SU DERECHO A CONTINUAR VIVIENDO EN S1U CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM DATE : February 7, 2007 FORECLOSURE Jill A Cowoski 6 Spring Valley Lane Mechanicsburg, PA 17055 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the port age on your home is in &fault and the lender intends to foreclosure. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEM&) mU be able to help to save your home This Notice explains how the program works To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS FROM THE DATE OF THIS NOTICE Take this Notice with you when you meet the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have My questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with i=aired1earing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUEDE AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA Lx??h?T TRADUCCION 1NMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY ' HOMEOWNER'S NAME(S): Christopher J Cowos)d PROPERTY ADDRESS: 6 Spring Valley Lane, Mechanicsburg, PA 17455 LOAN ACCT. NO.: COW0643PA ORIGINAL LENDER: Madison Equity Corporation CURRENT LENDER/SERVICER: Midwest First Financial Limited Partnership IV HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (TIE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty three (33) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice the lender may NOT take action against you for thirty three(33) days after the date of this meeting The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the nronerty_ is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. E7nh,kr 6 APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty three (33) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APFLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: c PropertyAddress» IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: 12/1/06 thru 2/1107 at $1,318.55 per month. Monthly Payments Plus Late Charges Accrued $4,351.23 NSF: $0.00 Inspections: $140.00 Other: $0.00 (Suspense): ($1,318.09) Total amount to cure default $30173.14 C--,K6, b?% °3 HOW TO CURE THE DEFAULT-You may cure the default within THIRTY THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,173.14, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY THREE (33) DAY PERIOD. As of the date of this letter, you owe the amount specified above. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day that you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (402) 330-2274 and ask for Matt Huerta. Pa ents must be made either by cash, cashier's check_ certified check or moneyorder made payable and sent to: Midwest First Financial Limited Partnership IV, 11904 Arbor Street Suite 200, Omaha, NE 68144. You can cure any other default by taking the following action within THIRTY THREE (33) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY THREE(33) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. The means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY THREE (33) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure upon your mortgage propertv IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY THREE (33) DAY period, you will not be required to pa attorney's fees OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY THREE (33) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anytime up to one hour before the Sheriff's Sale You may do 'so by paying the total amount then past due, plus anv late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and another cons connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. i i EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff s Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Midwest First Financial Limited Partnership IV 11904 Arbor Street Suite 200 Omaha, NE 68144 (402) 330-2274 Contact Person: Matt Huerta (866) 240-7477 EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED C,,4, kf If this is the first notice that you have received from this office, be advised that: You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty three (33) days from the date of this letter, this firm will obtain and provide you with written verification thereof, otherwise the debt will be assumed to be valid. Likewise if requested within thirty three (33)Aays from the date of this letter, the firm will send you the name and address of the original creditor if different from above. Very truly yours, Matt Huerta Asset Manager Account No.: COW0643PA Mailed by I" Class mail and by certified Mail No: 7006 2760 0005 0980 3944 Ir 0 cc Postage 5 C C.P d F. C3 Realm Rece?l Fse C3 tEatbiaematrt Requxad) Here O O ReefAcled bsgvery Fee {Endorsement Required) D Total Postage & Fees ru O ..0 _ ..................... _._........._....._.............._.__... C3 ror eeiL Aw vc • •,• d PO S= Na r%- = , ¦ Complete Items 1, %nd 3. Also complete hem 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can rih m the card to.you. fa Attach this card to the back of the malipiecd or on the front If space permits. 1. Article Addressed to A. s .. A, ? , j ? Addressee B. Revel ( Afar, C. a of Delhre?]/ D. Is deUveiy addreae dl1k1ent tram item 17 ? Yes If YES, enter iieiivery! address below: ? No 200 1 e. e Type ec,?{p,,?t(`cis 6L?r t 1v S.?' arc-WOW Mail 6wrm' Man ? %ghbred Retum Receipt for Merohw%Vm ? r>sined Mai b C.OM. 4. Re9Uicted DelWeryT P"'#60 ? Yes 2. Artlde Number 71313 b 27 613 0005098013951 (rgnsrer from service !abet) °S Form 3811, February 2004 Dorn"lc Retum Receipt 1a2M4 2-M-154a J; L f. A, C? vJ05 t?+ SPri "J° vto (ey N?- ¦ Complete Items 1, L., ,nd 3. Also complete Item 4 if Restricted Delivery Is desired. lill Print your nernee and address on the reverse so that we can return the card to you. ¦ Attach this card to ft back of the mailpieoe, or on the frond If space permits. A aW IO Apd X ? Addressee B. by C. Date of Qewsry D. Is delivegi address cliff fersnt from brn 14 ? !des If YES, enter del" address bebw: ? No ?Qc,6En??`c r? P ` + V 5 a CerWied Mali 4 Expreea Midi J ? Registered 0 Return Receipt for Merehendee 1. Article Addressed to: ?O 3f rNd Vp f lty (?lv? ? Insured Mall 0 C.O.D. 4. Restricted Delivery? fFxrra Fee} ? Yea ?bbeO _ 7006 2760 aU5 09813 3944 wary 2004 Domestic Retum Receipt 1e2as5-0244.1"D i M l L-x ?, , T a o b C ' d ' V . 17 ? yy r r XTlp 3 E a.y G (-0 KIVITZ & KIVITZ, P.C. By: Jay E. Kivitz, Esquire ID# 26769 7901 Ogontz Avenue P.O. Box 27368 Philadelphia, PA 19118-0308 (215) 549-2525 Midwest First Financial Limited Partnership, IV V. Christopher J. Cowoski and Jill A. Cowoski Attorney for Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No. 07-2259 Civil PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY; Kindly enter Default Judgment in the sum of $156,137.91 in favor of Midwest First Financial Limited Partnership, IV and against Christopher J. Cowoski and Jill A. Cowoski for failure to file an Answer to the Complaint and assess damages as follows: Amount claimed in Plaintiffs Complaint Interest from 04/18/07 to 5/31/07 at $42.43 per diem Monthly late charges 04/18/07 to 05/31/07 at $65.93 a month $ 154,247.49 1,824.49 65.93 TOTAL $ 156,137.91 9 JA E. 14VITZ, ESQ IRE Attorney for Plaintiff ASSESSMENT OF DAMAGES AND NOW, EA-0 E. , 2007 damages are assessed as above. ro. Prothy. KIVITZ & KIVITZ, P.C. BY: Jay E. Kivitz, Esquire I.D. #26769 7901 Ogontz Avenue P.O. Box 27368 Philadelphia, PA 19118-0308 (215) 549-2525 Attorney for Plaintiff Midwest First Financial Limited Partnership, IV V. Christopher J. Cowoski and Jill A. Cowoski : COURT OF COMMON PLEAS : CUMBERLAND COUNTY No. 07-2259 Civil CERTIFICATION OF MAILING Jay E. Kivitz, Esquire, Attorney for the Plaintiff in the above captioned matter, hereby certifies that on May 15, 2007 he sent Notice of Intention to File Default Judgment under Rule 237.1 of the Pennsylvania Rules of Civil Procedure to Christopher J. Cowoski and Jill A. Cowoski. Ja . Ki itz, Esquir Attorney for Plaintiff 5/31/2007 i LAW OFFICES K1MZ & KIVTTZ, P.C. 7901 OGONTZ AVENUE P.O. BOX 27368 PHILADELPHIA, PA 19118-0308 SEYMOUR KIVITZ (215) 549-2525 JAY E. KIVITZ Midwest First Financial v. Christopher J. Cowoski and Jilla Cowoski CCP - Cumberland Cty. #07-2259 Civil Team May 15, 2007 Christopher J. Cowoski 6 Spring Valley Lane Mechanicsburg, PA 17055 FACSIMILE (215)424-8002 THIS FIRMIS A DEBT.COLLECTOR ATTEMPTING TO COLLECTA DEBT. THIS NOTICE IS SENT TO YOU INANATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREINAND ANY INFORMATION OBTAINED FROM YOU FRLL BE USED FOR THAT PURPOSE n4PORTANT 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. (YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP) YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER- THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse, 4`h floor Carlisle, PA 17013 (717) 240-6200 . Kivitz, Esq. Attorney for Plaintiff LAW OFFICES KIVTTZ & KIVPTZ, P.C. 7901 OGONTZ AVENUE P.O. BOX 27368 PHILADELPHIA, PA 19118-0308 SEYMOUR KIVITZ (215) 549-2525 JAY E. KIVITZ Midwest First Financial v. Christopher J. Cowoski and Jilla Cowoski CCP - Cumberland Cty. #07-2259 Civil Term May 15, 2007 Jill A. Cowoski 6 Spring Valley Lane Mechanicsburg, PA 17055 FACSIMILE (215)424-8002 THISFIRMISA DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBT. THIS NOTICE ISSENT TO YOUINANATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO REREINAND ANYINFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. (YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP) YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse, 4`" floor Carlisle, PA 17013 j (717) 240-6200 0-07 y . Kivitz, Es Attorney for Plaintiff KIVITZ & KIVITZ, P.C. By: Jay E. Kivitz, Esquire ID# 26769 7901 Ogontz Avenue P.O. Box 27368 Philadelphia, PA 19118-0308 (215) 549-2525 Attorney for Plaintiff Midwest First Financial Limited Partnership, IV COURT OF COMMON PLEAS : CUMBERLAND COUNTY V. : No. 07-2259 Civil Christopher J. Cowoski and Jill A. Cowoski VERIFICATION OF ACT 91 JAY E. KIVITZ, ESQUIRE, verifies that the statements made herein are true and correct to the best of his knowledge, information and belief, that he is the attorney for the Plaintiff in the above captioned matter and that all procedures required by Pennsylvania Act have been complied with. More than 33 days have elapsed since the mailing of the Act 91 letters which were sent on February 7, 2007, by first class mail postage prepaid. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. KIVITZ & KIVITZ, P.C. Jay E Wivi , Esquire Attorney for Plaintiff DATE: 5/31/2007 KIVITZ & KIVITZ, P.C. By: Jay E. Kivitz, Esquire ID# 26769 7901 Ogontz Avenue P.O. Box 27368 Philadelphia, PA 19118-0308 (215) 549-2525 Attorney for Plaintiff Midwest First Financial Limited Partnership, IV : COURT OF COMMON PLEAS : CUMBERLAND COUNTY V. Christopher J. Cowoski and Jill A. Cowoski : No. 07-2259 Civil CERTIFICATION OF NAME AND ADDRESS I, JAY KIVITZ, ESQUIRE, certify that the correct names and addresses of the parties in the above reference matter are: Christopher J. Cowoski and Jill A. Cowoski 6 Spring Valley Lane Mechanicsburg, PA 17055 KI TZ KIVITZ, .C. Jay E. Kivitz, Esquire Attorney for Plaintiff KIVITZ & KIVITZ, P.C. BY: JAY E. KIVITZ, ESQUIRE I.D. #26769 7901 Ogontz Avenue P.O. Box 27368 Philadelphia, PA 19118-0308 (215) 546-2525 Midwest First Financial Limited Partnership, IV V. Christopher J. Cowoski and Jill A. Cowoski Attorney for Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No. 07-2259 Civil VERIFICATION OF NON-MILITARY SERVICE The undersigned hereby verifies that the Defendant is 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: That Christopher J. Cowoski is over 21 years of age and his last known address is 6 Spring Valley Lane, Mechanicsburg, PA and his last known employment is unknown. That Jill A. Cowoski is over 21 years of age and her last known address is 6 Spring Valley Lane, Mechanicsburg, PA and her last known employment is unknown. The undersigned verifies that the statements made above are true and correct and understands that false statements herein are made subject to the penalties 18 Pa C.S.§ 4904, relating to unsworn falsification to authorities. Ja . K itz, Esq., Atty. for Plaintiff 5/31/2007 44 V tl f ° , -? '3 Jr- r KIVITZ & KIVITZ, P.C. By: Jay E. Kivitz, Esquire ID# 26769 7901 Ogontz Avenue P.O. Box 27368 Philadelphia, PA 19118-0308 (215) 549-2525 Attorney for Plaintiff Midwest First Financial Limited Partnership, IV : COURT OF COMMON PLEAS : CUMBERLAND COUNTY V. Christopher J. Cowoski and Jill A. Cowoski : No. 07-2259 Civil PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY OF SAID COURT: Kindly issue Writ of Execution on the above matter. Amount Due Interest from 05/31/07 @ $42.43 per diem (Costs to be added) $156,137.91 J E. ItIVITZ, ESQUIRE Attorney for Plaintiff 7901 Ogontz Avenue P.O.Box 27368 Philadelphia, PA 19118-0308 (215) 549-2525 NOTE: Attach two (2) descriptions of property. Q? C? z N i Cl* w.{ ??.lJ`Z v T" ?J V -49. ` ? w s4 ? ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, shown as Lot #76, Phase 11, Bowman's Hill as described in accordance with the Final Subdivision Plan of Bowman's Hill Phase II recorded in Cumberland County Plan Book 68, Page 15, more particularly described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Spring Valley Lane, a 50 foot right-of- way, at the southwestern corner of Lot #77 on the aforementioned plan; thence along said northern right-of-way line of Spring Valley Lane South 65 degrees 05 minutes 43 seconds West a distance of 85.46 feet to a point at the Southeastern corner of Lot #75 on the aforementioned plan; thence along #75 North 24 degrees 54 minutes 17 seconds West a distance of 116.12 feet to a point at the southern line of lands now or formerly of Kenneth R. White and Martha C. White; thence along said lands now or formerly of White North 63 degrees 53 minutes 59 seconds East a distance of 85.40 feet to a point at the northwestern corner of Lot #77 on the aforementioned plan; thence along said Lot #77 South 24 degrees 54 minutes 17 seconds East a distance of 117.91 feet to a point and place of BEGINNING. BEING known and numbered as 6 Spring Valley Lane, Mechanicsburg, PA 17055 TAX PARCEL #42-29-2454-255 ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, shown as Lot #76, Phase II, Bowman's Hill as described in accordance with the Final Subdivision Plan of Bowman's Hill Phase II recorded in Cumberland County Plan Book 68, Page 15, more particularly described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Spring Valley Lane, a 50 foot right-of- way, at the southwestern corner of Lot #77 on the aforementioned plan; thence along said northern right-of-way line of Spring Valley Lane South 65 degrees 05 minutes 43 seconds West a distance of 85.46 feet to a point at the Southeastern corner of Lot 975 on the aforementioned plan; thence along #75 North 24 degrees 54 minutes 17 seconds West a distance of 116.12 feet to a point at the southern line of lands now or formerly of Kenneth R. White and Martha C. White; thence along said lands now or formerly of White North 63 degrees 53 minutes 59 seconds East a distance of 85.40 feet to a point at the northwestern corner of Lot #77 on the aforementioned plan; thence along said Lot #77 South 24 degrees 54 minutes 17 seconds East a distance of 117.91 feet to a point and place of BEGINNING. BEING known and numbered as 6 Spring Valley Lane, Mechanicsburg, PA 17055 TAX PARCEL #42-29-2454-255 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2259 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDWEST FIRST FINANCIAL LIMITED PARTNERSHIP, IV, Plaintiff (s) From CHRISTOPHER J. COWOSKI AND JILL A. COWOSKI (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 delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $156,137.91 Interest FROM 5/31/07 @ $42.43 PER DIEM Atty's Comm % Atty Paid $174.52 Plaintiff Paid Date: JUNE 4, 2007 (Seal) REQUESTING PARTY: Name JAY E. KIVITZ, ESQUIRE Address: KIVITZ & KIVITZ, P.C. 7901 OGONTZ AVENUE P. O. BOX 27368 PHILADELPHIA, PA 19118-0308 Attorney for: PLAINTIFF Telephone: 215-549-2525 L.L. $.50 Due Prothy $2.00 Other Costs LCFULy Supreme Court ID No. 26769 KIVITZ & KIVITZ, P.C. By: Jay E. Kivitz, Esquire ID# 26769 7901 Ogontz Avenue P.O. Box 27368 Philadelphia, PA 19118-0308 (215) 549-2525 Attorney for Plaintiff Midwest First Financial Limited Partnership, IV : COURT OF COMMON PLEAS : CUMBERLAND COUNTY V. : No. 07-2259 Civil Christopher J. Cowoski and Jill A. Cowoski AFFIDAVIT PURSUANT TO RULE 3129.1 Midwest First Financial Limited Partnership, IV, plaintiff in the above action, sets forth that as of the date of the praecipe for the writ of execution was filed the following is the information concerning the real property located at 6 Spring Valley Lane, Mechanicsburg, PA : 1. Name and address of the owners or reputed owners: Christopher J. Cowoski and Jill A. Cowoski 6 Spring Valley Lane Mechanicsburg, PA 17055 2. Name and address of defendants in the judgment: Christopher J. Cowoski and Jill A. Cowoski 6 Spring Valley Lane Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Midwest First Financial Limited Partnership, IV 11904 Arbor Street, Suite 200, Omaha, NE 68144 4 5 6 Name and address of the last recorded holder of every mortgage of record: Midwest First Financial Limited Partnership, IV 11904 Arbor Street, Suite 200, Omaha, NE 68144 Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Upper Allen Twp. Tax Collector, Marlin A. Yohn, Sr., 6 Hickory Lane, Mechanicsburg, PA 17055 Name and address of every other person who has any interest in the property which may be affected by the sale. Cumberland County Domestic Relations Commonwealth of Penna. 13 N. Hanover Street Dept. of Public Welfare Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 7. Name and address of every other person of whom the plaintiff has knowledge who have any interest in the property which may be affected by the sale. None. I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. relating to unworn falsification to authorities. KI ITZ KIVITZ, P. . Jay E. Kivitz, Esquire Attorney for Plaintiff DATE: 05/31/2007 Midwest First Financial Limited Partnership, IV : COURT OF COMMON PLEAS : CUMBERLAND COUNTY V. No. 07-2259 Civil Christopher J. Cowoski and Jill A. Cowoski NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff s Sale of Real Property (real estate) will be held: DATE: Wednesday, September 5, 2007 TIME: 10:00 A.M. LOCATION: CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013-3387 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 6 Spring Valley Lane Mechanicsburg, Pennsylvania 17011 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 07-2259 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property are: Christopher J. Cowoski and Jill A. Cowoski A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (800) 990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. Jay V. Ki itz, Esquir Attorney for Plaintiff ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, shown as Lot #76, Phase II, Bowman's Hill as described in accordance with the Final Subdivision Plan of Bowman's Hill Phase II recorded in Cumberland County Plan Book 68, Page 15, more particularly described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Spring Valley Lane, a 50 foot right-of- way, at the southwestern corner of Lot #77 on the aforementioned plan; thence along said northern right-of-way line of Spring Valley Lane South 65 degrees 05 minutes 43 seconds West a distance of 85.46 feet to a point at the Southeastern corner of Lot #75 on the aforementioned plan; thence along #75 North 24 degrees 54 minutes 17 seconds West a distance of 116.12 feet to a point at the southern line of lands now or formerly of Kenneth R. White and Martha C. White; thence along said lands now or formerly of White North 63 degrees 53 minutes 59 seconds East a distance of 85.40 feet to a point at the northwestern corner of Lot 477 on the aforementioned plan; thence along said Lot 477 South 24 degrees 54 minutes 17 seconds East a distance of 117.91 feet to a point and place of BEGINNING. BEING known and numbered as 6 Spring Valley Lane, Mechanicsburg, PA 17055 TAX PARCEL #42-29-2454-255 :? ?_ ? r ? -'r'+ ? ? f _' ? -^?_7 G? ?' ? • ? J t ? ° ? `?t , y,-? ', ...? ?, Midwest First Financial Limited Partnership, IV V. Christopher J. Cowoski and Jill A. Cowoski COURT OF COMMON PLEAS CUMBERLAND COUNTY : No. 07-2259 Civil NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, September 5, 2007 TIME: 10:00 A.M. LOCATION: CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013-3387 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION A TTA CHED) THE LOCATION of your property to be sold is: 6 Spring Valley Lane Mechanicsburg, Pennsylvania 17011 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 07-2259 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property are: Christopher J. Cowoski and Jill A. Cowoski A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (800) 990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. Jay E. Kivitz, Esquire Attorney for Plaintiff ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, shown as Lot #76, Phase II, Bowman's Hill as described in accordance with the Final Subdivision Plan of Bowman's Hill Phase 11 recorded in Cumberland County Plan Book 68, Page 15, more particularly described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Spring Valley Lane, a 50 foot right-of- way, at the southwestern corner of Lot #77 on the aforementioned plan; thence along said northern right-of-way line of Spring Valley Lane South 65 degrees 05 minutes 43 seconds West a distance of 85.46 feet to a point at the Southeastern corner of Lot #75 on the aforementioned plan; thence along #75 North 24 degrees 54 minutes 17 seconds West a distance of 116.12 feet to a point at the southern line of lands now or formerly of Kenneth R. White and Martha C. White; thence along said lands now or formerly of White North 63 degrees 53 minutes 59 seconds East a distance of 85.40 feet to a point at the northwestern corner of Lot #77 on the aforementioned plan; thence along said Lot #77 South 24 degrees 54 minutes 17 seconds East a distance of 117.91 feet to a point and place of BEGINNING. BEING known and numbered as 6 Spring Valley Lane, Mechanicsburg, PA 17055 TAX PARCEL #42-29-2454-255 ` S . j 5 NOTICE OF SHERIFF SALE JAY E. KIVITZ, ESQUIRE Wednesday, September 5, 2007 10:00 a.m. Writ # 07-2259 SEIZED and taken in execution and to be sold as the property of Christopher J. Cowoski and Jill A. Cowoski under Judgment #07-2259. ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, shown as Lot #76, Phase Il, Bowman's Hill as described in accordance with the Final Subdivision Plan of Bowman's Hill Phase II recorded in Cumberland County Plan Book 68, Page 15, more particularly described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Spring Valley Lane, a 50 foot right-of- way, at the southwestern corner of Lot #77 on the aforementioned plan; thence along said northern right-of-way line of Spring Valley Lane South 65 degrees 05 minutes 43 seconds West a distance of 85.46 feet to a point at the Southeastern corner of Lot 475 on the aforementioned plan; thence along #75 North 24 degrees 54 minutes 17 seconds West a distance of 116.12 feet to a point at the southern line of lands now or formerly of Kenneth R. White and Martha C. White; thence along said lands now or formerly of White North 63 degrees 53 minutes 59 seconds East a distance of 85.40 feet to a point at the northwestern corner of Lot #77 on the aforementioned plan; thence along said Lot #77 South 24 degrees 54 minutes 17 seconds East a distance of 117.91 feet to a point and place of BEGINNING. BEING known and numbered as 6 Spring Valley Lane, Mechanicsburg, PA 17055 TAX PARCEL #42-29-2454-255 SHERIFF'S RETURN - REGULAR CASE NO: 2007- 2259 P COMMONWEALTH 0 PENNSYLVANIA: COUNTY OF CUMB RLAND MIDWEST FIRST iINANCIAL COWOSKI CHRISTOPHER J ET AL KENNETH GOSSER , Sheriff or Deputy Sheriff of Cumberland Cou ty,Pennsylvania, who being duly sworn according to law, says, the with 4 COMPLAINT - MORT FORE was served upon (InUTnQVT ( TUJ'7TCT 1dW1PP .7 the DEFENDANT at 1823:00 HOURS, on the 23rd day of April 2007 at 6 SPRING VA EY LANE MECHANICSBURG, FA 17055 by handing to CHRISTOPHER CO OSKI a true and attested copy of COMPLAINT - MORT FORE together with and at the sam? time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge +qjo ? So Answers: 18.00 11.52 00 10.00 R. Thomas Kline .00 39.52 04/24/2007 KIVITZ & KIVITZ Sworn and Subsc'bed to By: before me this day of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007- 2259 P 4 COMMONWEALTH O PENNSYLVANIA: COUNTY OF CUMB RLAND MIDWEST FIRST FINANCIAL S COWOSKI CHRIST PHER J ET AL KENNETH GOSSER , Sheriff or Deputy Sheriff of Cumberland Cou ty,Pennsylvania, who being duly sworn according to law, says, the with n COMPLAINT - MORT FORE was served upon COWOSKI JILL A. the DEFENDANT ?, at 1823:00 HOURS, on the 23rd day of April , 2007 at 6 SPRING VALLEY LANE MECHANICSBURG, PA 17055 CHRISTOPHER COWOSKI by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the sam? time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 16.00 04/24/2007 KIVITZ & KIVITZ Sworn and Subsc'bed to before me this of By. day D ut S f A.D. KIVITZ & KIVITZ, P.C. BY: Jay E. Kivitz, Esquire ID# 26769 7901 Ogontz Avenue P.O.Box 27368 Philadelphia, PA 19118-0308 (215) 549-2525 Midwest First Financial Limited Partnership, IV : COURT OF COMMON PLEAS : CUMBERLAND COUNTY V. Christopher J. Cowoski and Jill A. Cowoski : No. 07-2259 Civil AFFIDAVIT OF MAILING OF NOTICES UNDER PA.R.C.P 3129.1 JAY E. KIVITZ, ESQUIRE, verifies that the statements made in this affidavit are true and correct to the best of his knowledge, information and belief, that he is the attorney for the Plaintiff in the above captioned matter and that all procedures required by PA R.C.P. 3129.1 have been complied with. Attached as Exhibit "A" is are copies of the Certificate of Mailing slips indicating that additional junior lien holders were sent copies of the Notice of Sale Letter by regular mail, postage pre-paid on August 2, 2007. I understand that false statements herein are made subject to the penalties of 18 PA.C.S.§4904 relating to falsification to authorities. KIVITZ & KIVITZ, P.C. Jay . Kivi , Esquire Attorney for Plaintiff August 22, 2007 0 -i d a ao $4 m u v ai a a? ri -H v, U M oo00 U u of 5 ? o .a m 50? RI O 51 ?znW E-4 ?qm WU z <C O col o all "' ' A 0 Ln 0 .i J A ' o b %n N i ?j :i 04 14 c . P4 ,- o y $. cc >-4 ° A, C4, a. °o 3 R .o o o u° w o 41 ? 6 6Z 16?c- 04 ;. H d w a a r 4 c $ d S 4 f . 0 w as as Too c H Q H w as %0 W -a -40000 w VINO # v? V a ?° a v cm c? Oo V -? Q -V rp_s? -? 00 VI O W O ti -a nz- _ ; t"`n Midwest First Financial Limited Partnership, IV In the Court of Common Pleas of VS Cumberland County, Pennsylvania Christopher J. Cowoski and Jill A. Cowoski Writ No. 2007-2259 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on June 26, 2007 at 1900 hours, 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: Christopher J. Cowoski and Jill A. Cowoski, by making known unto Jill Cowoski, personally and adult in charge for Christopher J. Cowoski, at 6 Spring Valley Lane, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Megan Marlow, Deputy Sheriff, who being duly sworn according to law, states that on July 13, 2007 at 1817 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Christopher J. Cowoski and Jill A. Cowoski located at 6 Spring Valley Lane, Mechanicsburg, Cumberland County, 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: Christopher J. Cowoski and Jill A. Cowoski, by regular mail to their last known address of 6 Spring Valley Lane, Mechanicsburg, PA 17055. These letters were mailed under the date of July 3, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Jay Kivitz. Sheriffs Costs: Docketing 30.00 Poundage 17.07 Advertising 15.00 Posting Handbills 15.00 Law Library .50 Prothonotary 2.00 Mileage 21.12 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 314.27 Share of Bills 15.69 Postpone Sale 40.00 °y `' ? ?? . / i $ 870.65 So Answers: R. Goma BY Real Estate ergeant 0 a} , c4z &I9 ?s R,V03j-;2q w KIVITZ & KIVITZ, P.C. By: Jay E. Kivitz, Esquire ID# 26769 7901 Ogontz Avenue P.O. Box 27368 Philadelphia, PA 19118-0308 (215) 549-2525 Attorney for Plaintiff Midwest First Financial Limited Partnership, IV : COURT OF COMMON PLEAS : CUMBERLAND COUNTY V. : No. 07-2259 Civil Christopher J. Cowoski and Jill A. Cowoski AFFIDAVIT PURSUANT TO RULE 3129.1 Midwest First Financial Limited Partnership, IV, plaintiff in the above action, sets forth that as of the date of the praecipe for the writ of execution was filed the following is the information concerning the real property located at 6 Spring Valley Lane, Mechanicsburg, PA : Name and address of the owners or reputed owners: Christopher J. Cowoski and Jill A. Cowoski 6 Spring Valley Lane Mechanicsburg, PA 17055 2. Name and address of defendants in the judgment: Christopher J. Cowoski and Jill A. Cowoski 6 Spring Valley Lane Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Midwest First Financial Limited Partnership, IV 11904 Arbor Street, Suite 200, Omaha, NE 68144 5. 6. 7. Name and address of the last recorded holder of every mortgage of record: Midwest First Financial Limited Partnership, IV 11904 Arbor Street, Suite 200, Omaha, NE 68144 Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Upper Allen Twp. Tax Collector, Marlin A. Yohn, Sr., 6 Hickory Lane, Mechanicsburg, PA 17055 Name and address of every other person who has any interest in the property which may be affected by the sale. Cumberland County Domestic Relations Commonwealth of Penna. 13 N. Hanover Street Dept. of Public Welfare Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 Name and address of every other person of whom the plaintiff has knowledge who have any interest in the property which may be affected by the sale. None. I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. relating to unworn falsification to authorities. KI ITZ KIVITZ, PI C. Jay E. Kivitz, Esquire Attorney for Plaintiff DATE: 05/31/2007 .At Midwest First Financial Limited Partnership, IV V. Christopher J. Cowoski and Jill A. Cowoski : COURT OF COMMON PLEAS : CUMBERLAND COUNTY No. 07-2251 Civil NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, September 5, 2007 TIME: 10:00 A.M. LOCATION: CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013-3387 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION A TTA CHED) THE LOCATION of your property to be sold is: 6 Spring Valley Lane Mechanicsburg, Pennsylvania 17011 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 07-2259 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property are: Christopher J. Cowoski and Jill A. Cowoski dir A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (800) 990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. Jay V. Ki itz, Esquir Attorney for Plaintiff ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, shown as Lot #76, Phase II, Bowman's Hill as described in accordance with the Final Subdivision Plan of Bowman's Hill Phase II recorded in Cumberland County Plan Book 68, Page 15, more particularly described as follows; to wit: BEGINNING at a point on the northern right-of-way line of Spring Valley Lane, a 50 foot right-of- way, at the southwestern corner of Lot #77 on the aforementioned plan; thence along said northern right-of-way line of Spring Valley Lane South 65 degrees 05 minutes 43 seconds West a distance of 85.46 feet to a point at the Southeastern corner of Lot #75 on the aforementioned plan; thence along #75 North 24 degrees 54 minutes 17 seconds West a distance of 116.12 feet to a point at the southern line of lands now or formerly of Kenneth R. White and Martha C. White; thence along said lands now or formerly of White North 63 degrees 53 minutes 59 seconds East a distance of 85.40 feet to a point at the northwestern corner of Lot #77 'on the aforementioned plan; thence along said Lot 477 South 24 degrees 54 minutes 17 seconds East a distance of 117.91 feet to a point and place of BEGINNING. BEING known and numbered as 6 Spring Valley Lane, Mechanicsburg, PA 17055 TAX PARCEL #42-29-2454-255 Midwest First Financial Limited Partnership, IV V. Christopher J. Cowoski and Jill A. Cowoski : COURT OF COMMON PLEAS : CUMBERLAND COUNTY No. 07-2259 Civil NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, September 5, 2007 TIME: 10:00 A.M. LOCATION: CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013-3387 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION A TTA CHED) THE LOCATION of your property to be sold is: 6 Spring Valley Lane Mechanicsburg, Pennsylvania 17011 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 07-2259 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property are: Christopher J. Cowoski and Jill A. Cowoski A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (800) 990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. Jay id. Ki 'tz, Esquir Attorney for Plaintiff NOTICE OF SHERIFF SALE JAY E. KIVITZ, ESQUIRE Wednesday, September 5, 2007 10:00 a.m. Writ # 07-2259 SEIZED and taken in execution and to be sold as the property of Christopher J. Cowoski and Jill A. Cowoski under Judgment #07-2259. ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, shown as Lot #76, Phase II, Bowman's Hill as described in accordance with the Final Subdivision Plan of Bowman's Hill Phase II recorded in Cumberland County Plan Book 68, Page 15, more particularly described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Spring Valley Lane, a 50 foot right-of- way, at the southwestern corner of Lot #77 on the aforementioned plan; thence along said northern right-of-way line of Spring Valley Lane South 65 degrees 05 minutes 43 seconds West a distance of 85.46 feet to a point at the Southeastern corner of Lot #75 on the aforementioned plan; thence along #75 North 24 degrees 54 minutes 17 seconds West a distance of 116.12 feet to a point at the southern line of lands now or formerly of Kenneth R. White and Martha C. White; thence along said lands now or formerly of White North 63 degrees 53 minutes 59 seconds East a distance of 85.40 feet to a point at the northwestern corner of Lot #77 on the aforementioned plan; thence along said Lot #77 South 24 degrees 54 minutes 17 seconds East a distance of 117.91 feet to a point and place of BEGINNING. BEING known and numbered as 6 Spring Valley Lane, Mechanicsburg, PA 17055 TAX PARCEL #42-29-2454-255 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-2259 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDWEST FIRST FINANCIAL LIMITED PARTNERSHIP, IV, Plaintiff (s) From CHRISTOPHER J. COWOSKI AND JILL A. COWOSKI (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 gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $156,137.91 L.L. $.50 Interest FROM 5/31/07 @ $42.43 PER DIEM Atty's Comm % Due Prothy $2.00 Atty Paid $174.52 Other Costs Plaintiff Paid Date: JUNE 4, 2007 (Seal) Deputy REQUESTING PARTY: Name JAY E. KIVITZ, ESQUIRE Address: KIVITZ & KIVITZ, P.C. 7901 OGONTZ AVENUE P. O. BOX 27368 PHILADELPHIA, PA 19118-0308 Attorney for: PLAINTIFF Telephone: 215-549-2525 Supreme Court ID No. 26769 Real Estate Sale # 69 On June 14, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 6 Spring Valley Lane, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2007 By:? vv`t Real Estate Sergeant LO cc' y -!;?;' LDl THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 in the 18th and 25th day(s) of July and the 1st day(s) of August 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE #69 c 1 M4#?Na.???? c M ! %fflW4Nft r N ?IV B A. 4-644 t t lmd or pow of w FIVWN .0. JW E OCIvU r r 'u Sworn to and subscribed before nt2nai ?, „?cC ? ^• r J??IC Ullt "iJilty r?qy?.? ? ttr .,,_ R ?- _.- y J1 1\MNASIVS N Y P LIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ?r PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH 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: July 20, July 27, and August 3, 2007 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 true. REAL ESTATE SALE NO. 69 Coyne, SWORN TO AND SUBSCRIBED before me this 3 day of August, 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE 8080, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 Writ No. 2007-2259 Civil Midwest First Financial Limited Partnership, IV VS. Christopher J. Cowoski and Jill A. Cowoski: Atty.: Jay E. Kivitz DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Upper Al- len Township, Cumberland County, Pennsylvania, shown as Lot #76, Phase II, Bowman's Hill as described in accordance with the Final Subdivi- sion Plan of Bowman's Hill Phase Il recorded in Cumberland County Plan Book 68, Page 15, more particularly described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Spring Valley Lane, a 50 foot right-of-way, at the southwestern corner of Lot #77 on the aforementioned plan; thence along said northern right-of-way line of Spring Valley Lane South 65 degrees 05 minutes 43 seconds West ,.>. _ ...