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HomeMy WebLinkAbout03-3813IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EASTERN BANK, Plaintiff VS. SCOTT D. FATKIN, LAURIE M. FATKIN, a/k/a LAURIE M. COX, Defendants MORTGAGE FORECLOSURE 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 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 Bar Association 2 Liberty Avenue Carlisle PA 17013 800-990-9108 Mitchell A. Sommers, Esq. Attorney for Plaintiff Attorney I.D. 38505 Three West Main Street Ephrata PA 17522-2010 (717) 733-6607 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EASTERN BANK, Plaintiff VS. SCOTT D. FATKIN, LAURIE M. FATKIN, a/k/a LAURIE M. COX, Defendants ) ) ) ) ) ) ) ) ) No.; MORTGAGE FORECLOSURE NOTICIA LE HAN DEMANDO A USTED EN LA CORTE. Se usted quiere dcfcndersc de estas demandas expuestas ~n las paginas siguicntes, ustcd ticne viente (20) dias de plazo al partir di: la fecha de la demanda y la notificacion. Used debe presentar una apariencia escrita o en person o en contra de su persona. Sea avisado que si usted no se defiende, la torte tomaro medidas y puede entrar una orden contra usted sin previo aviso o nofrfieacion y pot eaulquier queja o alivio que es pedido en la p~Jcion de demanda. Usted puede porder dinero o sas propiedades o otros derchos importantes para usted. LEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCR1TA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTANCIA LEGAL. 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 TglE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 800-990-9108 Mitchell A. Sommers, Esq. Attorney for Plaimiff Attorney I.D. 38505 Three West Main Street Ephrata PA 17522-2010 (717) 733-6607 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EASTERN BANK, Plaintiff VS. SCOTT D. FATKIN, LAURIE M. FATKIN, a/k/a LAURIE M. COX, Defendants MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. The Plaintiff, Eastern Bank having an office and place of business at 270 Union Street, Lynn, Massachusetts, 01901, brings this action to foreclose a mortgage, dated March 11, 1998, between Defendants, Scott D. Fatkin and Laurie M. Fatkin and Eastern Bank. 2. The Plaintiff is the holder of a Mortgage executed and delivered by the Defendants, Scott D. Fatkin and Laurie M. Fatkin, whose last known addresses are: Scott Fatkin 4830 S. Wilson Road, Elizabethtown, Kentucky and Laurie Fatkin 441 North College Street, Carlisle, Pennsylvania 17013, the mortgage was recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Mortgage Book 1437, Pages 376-379, on property located at 2005 Pine Road, Newville, Cumberland County, Pennsylvania, 17241 ("the property"). A copy of said Mortgage and the description is attached hereto, made a part hereof, and marked as Exhibit "A'. 3. The Mortgage is in default in that the Defendants have failed to pay the contracted monthly payments when due, and such arrearage has continued for more than thirty (30) days. 4. The following amounts are due upon the Mortgage: a. Principal balance due as of 12/17/2002 $70,539.16 Accrued Interest due as of 12/17/2002 Per Diem 19.03 Current Interest Rate: 985% Amount due as of 12/17/2002 1,314.15 72,329.71 5. Attached hereto, made a part hereof and marked as Exhibit "B", are true and correct copies of the notices of Homeowners' Emergency Mortgage Assistance Act 91 which were mailed to the Defendants on or about March 18, 2003 and March 26, 2003. 6. Attached hereto, made a part hereof and marked as Exhibit "C", are true and correct copies of proof of service of mailing the Act 91 Notice to Defendants. 7. Defendants have not cured said default pursuant to said Notice of Intention to Foreclose and more than thirty (30) days have elapsed since receipt of said Notice by the Defendants. WHEREFORE, Plaintiff, Eastern Bank, demands judgment in favor of Plaintiff and against Defendants, Scott Fatkin and Laurie Fatkin, in the amount of Seventy-two Thousand Three-hundred Twenty-nine Dollars and Seventy-one Cents ($72,329.71) plus legal fees, accruing interest, late charges and escrow deficits. Date: ~T~squn'e ~ey for Plaintiff I.D. No. 38505 Three W. Main Street Ephrata, PA 17522 (717) 733-6607 12/17/02 08:26 F~ 7815987604 EASTE_RN BANK COLLECTIONS -~ SHUB NORTC, AGE ~]007 This mortgage ("security Instrument") is given on March 11, 1998. The Mortgagors are ScOtt D. Fatkln and Laurie M. Fatkin, his wife, ( "Borrowers"). The Security Instrument is given to Eastern Bank, its successors and assigns which' is organized and existing under the laws of Massachusetts, and whose address is 270 Union Street, Lynnt MA 01901 ("Lender"). Borrowers owe Lender the principal sum of Seventy-Eight Thousand, Five-Hundred Twelve and 10/100 Dollars (U.S. $78,512.10). This debt is evidenced by Borrowers' note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the f~ll debt, if not paid earlier, due and payable on 3- /6 - ~ O/~"- This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, an all renewals, extensions and modifications of the Note; (b) the payment of all other s~s, with interest, advanced to protect the security of this Security Instrument; and (c) the performance of Borrowers' covenants and agreements under this Security Instrument and the Note. For this purpose, Borrowers do hereby mortgage, grant and convey to Lender the following described property located in C~mberland County, Pennsylvania; as more fully described in Sxhibit "A" attached hereto. Together w/th all the improvements now or hereafter erected on the property, and all easeraents, appurtenances, and fixtures now or hereafter a part of the property. Ail replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property". -Borrowers --Covenant - that'-Borrowers--are- Iawful~y' '~e~z'ed--of-the estate hereby conveyed and have the right to mortage, grant and convey the Property and that the Property is unenc~nbered, except for encumbrances of record. Borrowers warrent and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. A/Id A~80, at all times, pay al! Taxes and keep the buildings erected upon the land herein dsscribsd insured for the benefit of the Mortgagee, in som~ good and reliable Stock Insurance Company or Companies to ths amount of at least ...... Seventy-Eight Thoumand, Five Hundred Twelve ..... and 19/100 ($78,512.10) ..... and taks no insurance out on said buildings, not marked for the benefit of the Mortgagee. oo 1437 EXHIBIT 12/17/02 08:26 FAX 7815987604 EASTERN BANK COLLECTIONS ~ SHUB ~008 ~ the further condition of the said Obligation is such, that if at any time defaul~ shall be made in the payment of principal or interest as aforesaid, for the space of .... 15 .... days after any payment thereof shall fall due, or if a breach of any of the other foregoing conditions be ~ade by the said Mortgagors, their heirs, executors, a~ministrators or assignst the said principal su~ shall, at the option of the said Mortgagee, its heirs, executors, administrators or assigns become due; and payment of the same with the interestt Taxes and cost of Insurance due thereon, together with an Attorney's Commission of 10% per cent, on the said principal su~, besides costs of suit, may be enforced and recovered at once. A lets charge shall be paid by Hortgagors for each monthly pa~ent which is not paid within the period provided in the preceding paragraph, which charge shall be 5% of the unpaid delinquent amount, or $2.50, whichever is the lesser. To h~ve and to hold the said building, tenements and hereditament and premises granted, or mentioned, and intended so to be, with the appurtenances, Mortgagee, its heirs and assigns, to and for the only proper use end behoof of the said Mortgages, its heirs and assigns, forever. Azld the said Mortgagors, for their heirs and assigns, do hereby covenant, promise and agree to and with the said Mortgagee~ its heirs, executors, administrators and assigns that if the said Mortgagors, their heirs and assigns, shell neglect or refuse to keep u~ the aforesaid Insurance, or pay all Taxes, it shall be lawful for the said Mortgagee, its heirs, executors, ad~inistrators and assigns to insure the said buildings in the s~m aforesaid, a~d pay said taxes, and recover the costs and e~penses of such Insurance or Taxes in a suit upon this Mortgage. Provided always, nevertheless, that if the said Mortgagors, their heirst executors, administrators, or assigns do and shall pay or cause to be ~aid, unto the said Mortgagee, its executors, administrators or .assigns, the-.said..-principal, sum. of $78~512.10 ............... Dollars, lawful money, aforesaid, on the day and time hereinbefore mentioned and appointed for the payment of the same, together with interest, Taxes, costs a~d charges of Insurance, as aforesaid, and without any deduction, defalcation or abatement to be made of anything for or in respect of any Taxes, charges or assessments whatsoever then and from thenceforth, as well as this present Indenture and the estate hereby granted, as the said recited Obligation, shall cease, determine and become void. And Provided also, that itshall and may be lawful for the said Mortgagee, its executorsf administrators or assigns; when and as soon ss the principal s~ shell in any event becor~e due and payable as aforesaid, to commence a suit in Mortgage Foreclosure and/or a suit to obtain a p~rsonal judgment and thereafter obtain such s jud~raent and execute thereon in accordance with law, and/or to sue for and obtain such equitable relief to which it may be entitled under a~plicable law. o 1437 377 12/17/02 08:27 FAX 7815987604 EASTERN BANK COLLECTIONS ~ SHUB ~009 by these presents set their ~nds abo~ written. ~ ~IT~E~S ~OF, the said parties of the first part have and seals, the day and year first Signed, sealed and delivered in the premises of: §COTT D. FATK~N (SEAL) CO~ON~TH OF PENN_SYLt~AI~: COUNTY Or I . : On this, the //'~-day of ~.,A , 1998, before me, a Not~ry g~blic, the undersigned officer, ~rsonally appeared S=ott D. Fatkin and ~urie D. Fatkin , known to ~, (o= satisfactorily proven} to ~ =he perso~ whose n~es ~e subs~ibed to the within lnst~en~, and acknowledged that they mxecute~ the s~e for the purposes thermin contained. WITNESS W~ER~OF, I hereunto set my hand and official seal. My Commission Expires: hereby certify =hat the precise residence of the person entitled to ~nte~est-o~- this. Mortgage, is D 7 ~ .s ox1437 3?8 ~2/~7/02 08:27 FAX 7815987604 EASTERN ~ANK C0LL~CTIONS ~ SHUB ~ OlO / 12/17/02 08:28 FAX 7815987604 EASTERN BAA~ COLLECTIONS . SHUB ~011 ALL that certain tract of Im~d situate in Penn Township, Cumberlm~d County, Pennsylvania, bounded and described in accordance with a Plan prepared by Stanley Jarmolenko. R.I'.L.S., dated April II, 1997 n,d rccordcd in the Office of the Rcconlcr ol' Deeds o1' Cumberland County in Plan Book 75, Page 9. BEGINNING at a point in centerline of Pine Road, S.R. 3006, at comer of Lot No. 9: thencc along Lot No. 9, North 01 degree 58 minutes 41 seconds West 332.82 fee~ to a point: thence along Lot No. 6 on said plan, North g9 degrees 07 minutes 31 seconds East 195.04 feet to a point at Lot No. 7; thence along Lot No. 7 on pi/n, and along eastern edgc of 25 foot drainage easement, South 01 degree 58 minutes 41 seconds East 329.06 feet to a point on centerline or' Pine Road, S.R. 3006; thence along centerline of Pbm Road, South 88 dcgrees 01 minute 19 second_a.West_lg5/00 i'eet to a imint, Ihe Plac~ of BEGINNINg. ' ' ' :' CONTAINING 1.4815 acres and designated as Lot No. 8 on the Plan of Penn Manor. ,379 .EXHIBIT "A" .i Date: January 16, 2003 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE* This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may 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 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with 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 any 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 NOTIFICAClON EN AD JUNTO ES DE SUMA IMPORTANClA, PUES AFECTA SU DERECHO A CONTINUAR VlVlENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAClON OBTENGA UNA TRADUCClON INMEDITAMENTE LLAMANDO ESTA AGENClA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENClONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. * (Must be at least 30 point type) EXHIBIT HOMEOWNER'S NAME(S): Scott D. Fatkin Laurie M. Fatkin PROPERTY ADDRESS: 2005 Pine Road, Newville, Cumberland County, PA LOAN ACCT. NO.: 78067969 ORIGINAL LENDER: Eastern Bank CURRENT LENDER/SERVICER: Eastern Bank 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 (THE "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 (30) 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 (30) 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 agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) 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 property 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. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in 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 (30) 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 APPLICATION 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 PURPOSES 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 Assistance.) 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: 2005 Pine Road, Newville, Cumberland County, PA IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: November 2002, December 2002, January 2003:$2,249.61 Other charges (explain/itemize): _Legal Fee: $50.00 TOTAL AMOUNT PAST DUE: __$2,299.61 HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ $2,299.61_, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Eastern Bank c/o Jeffrey Shub, Esq., 27 Congress Street, Suite 512, Salem, MA 01970 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This 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 (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged 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 you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay 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 (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs 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. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six months from the date of this Notice. A notice of the actual date of the Sheriff's 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: Name of Lender: Eastern Bank Address: c/o Jeffrey W. Shub, Esq. 27 Congress Street, Suite 512 Salem, MA 01970 Phone Number: (978) 740-9200 Fax Number: (978) 740-0300 Contact Person: Jeffrey W. Shub, Esq. EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff's 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 (CHECK ONE) sell or transfer your home to a buyer or transferee who would assume the mortgage debt. 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 DO 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 (see attached list) PHFA Counseling Network Page 1 of 1 ICLICK 8< GO Good Afternoonl Today is Thursday, Jan. 16, 2003 Cumberland County Participating Counseling Agencies as of 1116/2003 Financial Counseling Services Natalie Newcomer (717) 762-3285 HOPE and Pre-Closing Educational Harrisburg Fair Housing Council Christine O'Rockey (717) 238-9540 HOPE and Pre-Closing Educational Weatherization, Inc. Maxine A. Whitsel (814) 643-2343 Pre-Closing Educational Seminar Page 21 0f67 RETURN TO [flAP First ] Previous ] Next [ Last Home [ Contact US [ Directions ] Disclaimer [ EDR [ Forms I Future Home Buyer Program l Housing Programs I Hppsing Study [ Interest_Rates [ Legisla_t!~e Links [ News [ Privacy Statement] (lua_rterly Reports I Rental Housing PropertiesI RFP Copyright © 2002 Penns~!~n!a Housing Finance.Agency Updated Ail rights reserved. August 30, 2002 01:38 Pt4 http ://www.phfa.org/programs/single family/counseling_network/CN_l Page21 .html 1 / 16/03 Consumer Credit Counseling Agency Notification To: Date: Name of Mortgagee: Eastern Bank Address: c/o Jeffrey W. Shub, Esq. 27 Congress Street, Suite 512, Salem, MA 01970 In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by: Name of Applicant: Scott D. Fatldn Laurie M. Fatkin Address: 1713 Massey Blvd. Haberstown, MD 21740 Telephone Number: Mortgage Loan Number: 78067969 Address of property on which mortgage is in default, if different from above: 2009 Pine Road, Newville, PA The counseling agency met with the above named applicant on Date: who have indicated that they are more than sixty (60) days delinquent on their mortgage payments and have received notification of intention to foreclose from: Name and Address of Mortgagee: Eastern Ban1( c/o Jeffrey Shub, Esq., 27 Congress Street, Suite 512, Salem, MA 01970 In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you that: 1. If the delinquency cannot be resolved within the 30 day forbearance period as provided by law, the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's Emergency Mortgage Assistance. 2. By a copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has indicated as also having a mortgage on the property identified above. 3. It is our understanding that the 30 day forbearance period in which we are now in ends on: 4. No legal action to enforce the mortgage may occur during this forbearance period, unless procedural time limits were not met by the homeowner. Name of Counseling Agency: Signer and Title: Telephone Number: Address: SLATER & SHUB, LLP COUNSELLORS AT LAW 27 CONGRESS STREET, SUITE 512 SALEM, MASSACHUSETTS 01970 Telephone: (978) 740-9200 Facsimile: (978) 740-0300 JEFFREY W. SHUB, ESQUIRE March 26, 2003 Scott D. Fatldn 4830 S. Wilson Road Elizabethiown, KY 42701 Eastern Bank v. Scott D. Fatkin Mortgage Foreclosure of Real Estate At 2005 Pine Road, Newville, Cumberland County, PA My File # 90F1202 Dear Mr. Fatkin: Enclosed, please find an Act 91 Notice in regards to the above referenced property. Please note that Lender's acceptance of any payments tendered by you after the receipt of this notice which are insufficient to reinstate the mortgage under the terms stated in the Act 91 notice shall not suspend the provisions of the Act 91 notice nor any actions taken pursuant thereto. Eastern Bank Present holder of said mortgage By its attorney, Jeffrey W. Shub CERT~IED MAIL NUMBER: 7001 1940 0003 0808 8506 RETURN RECEIt~T REQUESTED and First Class Mail THIS OFFICE IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT O F CIAL USE: Postage $ · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Scott D. Fatkin 4830 S. Wilson Road Elizabethtown, KY 42701 A. Si nature ~., & [] Addressee ...~B. "~aiV~d by ( P~t~ Na~.) I ~Date Of Daiive~, D. Isd~N~edd~di~nt~it~ 17 B Ye~ 2. ArtJclNurnber fTransfer from service label) PS Form 3811, August 2001 3. Service Type 3['3['Ce~tifled Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Daiivefy? fEx~a Fee) [] Yes 7001 1940 0003 0808 8506 : Domestic Return Receipt 10251~5-02-M-0835[ SLATER & SHUB, LLP ~ COUNSELLORS AT LAW 27 CONGRESS STREET, SUITE 512 SALEM, MASSACHUSETTS 01970 Telephone: (978) 740-9200 Facsimile: (978) 740-0300 JEFFREY W. SHUB, ESQUIRE March 18, 2003 Laurie M. Fatkin a/k/a Laurie Michelle Cox 441 N. College Street Carlisle, PA 17013 Eastern Bank v. Scott D. Fatkin Mortgage Foreclosure of Real Estate At 2005 Pine Road, Newville, Cumberland County, PA Mv File # 90F1202 Dear Ms. Fatkin, Enclosed, please find an Act 91 Notice in regards to the above referenced property. Please note that Lender's acceptance of any payments tendered by you after the receipt of this notice which are insufficient to reinstate the mortgage under the terms stated in the Act 91 notice shall not suspend the provisions of the Act 91 notice nor any actions taken pursuant thereto. Eastem Bank Present holder of said mortgage By its attorney, X. Jeffrey W. Shub CERTIFIED MAIL NUMBER: 7001 1940 0003 0808 8315 RETURN RECEIPT REQUESTED and First Class Mail THIS OFFICE IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. L ,--1 [:~ {E~dorseme~t ReqUired) Comblete items 1, 2, and 3. Also complete A. Sign~tu e ~ J 4 it~ ~ if Restricted Deliver/is desired. X ~'~'~ '~ ~ ~ ~ ~ Age~ ~rint your name and add.ss on the reverse ~ ~ ~ Addre~ so that we can return the card to you. ~v~nt~Name) J C. Date f --liv Attach this card to ~e back of the mailpiece, ~~~) ~,m~ ~ or on the ~o.t if space permits. '[ ~/E ~l ~ ~/~ Laurie M. Fatkin a/k/a Laurie Michelle Cox 441N. College Street Carlisle, PA 17013 PS Form 3811, August 2001 3. Service Type ~[][Certifted Mail [] Express Mail [] Registered [] Return Receipt for Merchan,:' [] insured Mail [] C.O.D. · 4. Restricted Delivei3/? (Extra F~e) [] Yes .} 7001 1940 0003 0808 8315 i 2'? ':, fo SHERIFF' S RETURN - CASE NO: 2003-03813 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EASTERN BANK VS FATKIN SCOTT D ET AL REGULAR JODY SMITH , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE FATKIN LAURIE M AKA LAURIE M COX DEFENDANT , at 0858:00 HOURS, at CUMBERLAND CO SHERIFF'S OFC CARLISLE, PA 17013 LAURIE M. FATKIN a true and attested copy of COMPLAINT - NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 21st day of August ONE COURTHOUSE SQUARE by handing to MORT FORE the , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this 2q ~ day of  ~O~ A.D. k ~otnonotary · -- So Answers: R. Thomas Kline 08/21/2003 MITOHE ,L SOMMERS By: \ ;~(~ %~A~/ _~eputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EASTERN BANK, Plaintiff VS. SCOTT D. FATKIN, LAUR1E M. FATKIN, a/k/a LAURIE M. COX, Defendants ) ) ) ) ) ) ) ) ) No.: No.: 03-31113 MORTGAGE FORECLOSURE PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter default judgmem in favor of the of the Plaintiff, EASTERN BANK and against the Defendants, SCOTT D. FATKIN and LAURIE M. FATK1N a/k/a LAURIE M. COX, in the above-captioned case for failure to answer a properly endorsed Complaint within the time prescribed, in the amount of Seventy-two Thousand Three-hundred Dollars and Seventy-one Cents ($72,329.71), plus costs, attorney's fees and any additional interest. Notice of intent to enter the default judgment was given to Scott Fatkin on September 25, 2003 and Notice of Intent to Enter the Default Judgment was given to Laurie M. Fatkin/Cox on September 18, 2003 and Notice of Entry of Judgment has been given on this day of ,2003. I.D. No. 38505 Three West Main Street Ephrata, PA 17522 (717) 733-6607 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EASTERN BANK, Plaintiff VS. SCOTT D. FATKIN, LAURIE M. FATKIN, a/k/a LAURIE M. COX, Defendants No.: No.: 03-3813 MORTGAGE FORECLOSURE ~F~A~TOFSER~CE I, Mitchell A. Sommers, Esquire, hereby certify that on the 18th day of Seotember. 2003~ I served a true and correct copy of the Ten (10) Day Important Notice upon the following person (s) in the manner indicated below, which service satisfies the requirement of the Pennsylvania Rules of Civil Procedure. A copy of the Ten (10) Day Notice is attached to this Affidavit. Service by First Class U.S. Mail, oosta~e preoaid: Laurie M. Fatkin/Cox 441 North College Street Carlisle, PA 17013 Date: uire, P.Ci'- I.D. No. 38505 Three West Main Street Ephrata, PA 17522 (717) 733-6607 (717) 721-3422 fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EASTERN BANK, Plaintiff VS. SCOTT D. FATKIN, LAURIE M. FATKIN, ~x/a LAURIE M. COX, Defendants No.: 03-3813 Civil Term MORTGAGE FORECLOSURE LAURIE M. FATI~N/LAURIE M. COX 441 North College Street Cartisle PA 17013 Date of Notice: September 18, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A Wlhl-r~N APPEARANCE PERSONALLY OR BY ATFORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT SvffHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENfI~,ED AGAINST YOU WITI-[OU~ A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 800-990-9108 Mitchell A. Sommers, Esq. Attorney for Plaintiff Atty I.D. No.: 38505 Three West Main Street Ephrata PA 17522-2010 717-733-6607 THIS IS AN A'I"I'~:MPT TO COIJ.ECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EASTERN BANK, Plaintiff VS. SCOTT D. FATKIN, LAURIE M. FATION, a/k/a LAURIE M. COX, Defendants No.: No.: 03-3813 MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE I, Mitchell A. Sommers, Esquire, hereby certify that on the 25th day of Seotember, 2003, I served a tree and correct copy of the Ten (10) Day Important Notice upon the following person (s) in the manner indicated below, which service satisfies the requirement of the Pennsylvania Rules of Civil Procedure. A copy of the Ten (10) Day Notice is attached to this Affidavit. Service by First Class U.S. Mail, oosta~e oreoaid: Scott D. Fatkin 4830 South Wilson Road Elizabethtown, Kentucky 42701 HELL--RS, Esquke, P.C. Attome,6OtY~laintiff I.D. No. 38505 Three West Main Street Ephrata, PA 17522 (717) 733-6607 (717) 721-3422 fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EASTERN BANK, Plaintiff vs. SCOTT D. FATKIN, LAURIE M. FATKIN, a/k/a LAURIE M. COX, Defendants No.: No.: 03-3813 MORTGAGE FORECLOSURE AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE MILITARY SERVICE, PURSUANT TO "SOLDIERS AND SAILORS" CIVIL ACT OF 1918. RE-ENACTED 1940 STATE OF COUNTY OF Before me, the undersigned authority, personally appeared Plaintiff, EASTERN BANK, who being duly sworn according to law, does depose and say that LAURIE M. FATKIN, a/k/a LAURIE M. COX, Defendant, is not in the Military or Naval Service, based on the following facts: Age of Defendant 2 C~ Yrs; Present place of employment: 0 k) 4~'/qO ~c) &) ; Present place of residence: 441 North College Street, Carlisle, Pennsylvania 17013, as of the date of this affidavit. Sworn to and subscribed to befg~ me,~7,~ day ~ NOTARY PUBLIC My Commission expires: ERNEST V. THERRIEN NOTARY PUBLIC My Comml~lon I5~lme Am'Il 12, 20~7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EASTERN BANK, Plaintiff VS. SCOTT D. FATKIN, LAURIE M. FATKIN, a/k/a LAURIE M. COX, Defendants No.: 03-3813 MORTGAGE FORECLOSURE AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE MILITARY SERVICE, PURSUANT TO "SOLDIERS AND SAILORS" CIVIL ACT OF 1918. RE-ENACTED 1940 STATE OF COUNTY OF Before me, the undersigned authority, pexsonally appeared Plaintiff, EASTERN BANK, who being duly sworn according to law, does dopos¢ and say that SCOTT D. FATKIN, Defendant, is not in the Military or Naval Service, based on the following facts: Age of Defendant ~/~Q~ Yrs; Present place of cmploymem: [J tO (~ tho cc) &,/ ; Present place of residence: 4830 South Wilson Road, Elizabethtown, Kentucky 42701, as of the date of this affidavit. Sworn to and subscribed to befoJ:~ me this.2~ day ~., os 2003./ NOTARY PUBLIC My Commission expires: ERNEST V. THEFIRIEN NOTARY PUBLIC My Oomml~ien E~irel Alii 12, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - - MORTGAGE FORECLOSURE EASTERN BANK, Plaintiff VS. SCOTT D. FATKIN and LAURIE M. FATKIN, a/k/a LAURIE M. COX, Defendants ]No.: No.: 0~3813 Civil Term Mortgage Foreclosure PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY/CLERK OF SAID COUNTY: PLEASE ISSUE A WRIT OF EXECUTION IN THE ABOVE LISTED MATTER: 2. 3. 4. directed to the Sheriff of Cumberland County; against Scott D. Fatkin and Laurie M. Fatkin/Cox, defendants; see attached Copy of Description of Property as exhibit "A"; and and index this writ against: Scott D Fatkin 4830 South Wilson Rd, Elizabethtown, Kentucky 42701 Laurie M. Fatkin/Cox 441 North College Street, Carlisle, PA 17013 5. Amount due: Principal balance $72,329.71 plus interest costs and legal fees. PROTHONOTARY/CLERK, Cumberland County, Pennsylvania <"ICd/TCHE~RS, Esq., PC. Attomes/for Plaintiff LD. No. 38505 Three West Main Street Ephrata, PA 17522 717-733-6607 fax (717) 721~3422 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-3813 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EASTERN BANK, Plaintiff (s) From SCOTT D. FATKIN AND LAURIE M. FATKIN, A/FdA LAURIE M. COX (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 garff~shee(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 ganfishee and is enjoined as above stated. Amount Due $72,329.71 Interest Atty's Corem % Att3, Paid $113.45 Plaintiff Paid Date: FEBRUARY 26, 2004 (SeaD REQUESTING PARTY: Name MITCHELL A. SOMMERS, ESQUIRE Address: THREE WEST MAIN STREET EPHRATA, PA 17522 Attorney for: PLAINTIFF Telephone: 717-733-6607 Supreme Court ID No. 38505 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Deputy PROPERTY DESCRIPTION ALL that certain tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Stanley Jarmolenko, tLP.L.S., dated April 11, 1997 and recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 75, Page 9. BEGINNING at a point in centeriine of Pine Road, S.P,- 3006, at corner of Lot No. 9; thence along Lot No. 9, North 01 degree 58 minutes 41 seconds West 332.82 feet to a point; thence along Lot No. 6 on said plan, North 89 degrees 07 minutes 31 seconds East 195.04 feet to a point at Lot No. 7; thence along Lot No. 7 on plan, and along eastern edge of 25 foot drainage easement, South 01 de/flee 55 minutes 41 seconds East 329.06 feet to a point on centerline of Pine Road, S.R. 3006; thence along centerline of Pine Road, South g$ degrees 01 minute 19 seconds West 195/00 feet to a point, the Place of BEGINNING CONTAINING 1.4g! 5 acres and designated as Lot No. ~ on the Plan of Penn Manor. BEING part of the same premises which Kimlon, Inc., a Pennsylvania Corporation of 60 S. Pin Oak Drive, Boiling Springs, Cumberland County, Pennsylvania, granted and conveyed to Scott D. Fatkin and Laurie M. Fatkin his wife, of Carlisle, Cumberland County, Pennsylvania, hereinafter called Grantors, by its deed date: the 10t~ day of March, 1998, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Record Book 173, Page 479. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - - MORTGAGE FORECLOSURE EASTERN BANK, Plaintiff VS. SCOTT D. FATKIN and LAURIE. M. FATKIN, a/k/a LAURIIK~ M. COX, Defendants No.: No.: 03-3813 Civil Term Mortgage Foreclosure AFFIDAVIT PURSUANT TO RULE :5129.1 etse#. Plalmiff now sets forth as of the date the praecipe for the writ of execution was filed in the above-captioned action the following information concerning the real property located at 2005 Pine Road, Newville, Cumberland County, Pennsylvania 17241: 1. Name and address of the owner(s) or reouted owner(s): Scott D. Fatkin 4830 South Wilson Rd. Elizabethtown, Kentucky 42701 Laurie Fatkin/Cox 441 North College St. Carlisle, PA 17013 2. Name and address of the defendant{s) in the iudltment: Scott D. Fatkin 4830 South Wilson Rd. Elizabethtown, Kentucky 42701 Laurie Fatkin/Cox 441 North College St. Carlisle, PA 17013 3. Name and address of every iudement creditor whose judgment is a record lien on the real property to be sold: Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle PA 17013-3387 Mitchell P~ Sommers, Esq. Attorney for Plaintiff Three West Main Street Ephrata, PA 17522 James C. Costopoulos 13 South Hanover St. Carlisle PA 17013 Equity One Inc.- Sovereign Bank 1900 Centre Avenue Reading PA 19605 4. Name and address of the last recorded holder of everv mort~aae of record: Equity One, Inc. - Sovereign Bank 1900 Centre Avenue Reading PA 19605 5. Name and address of every other oerson who has any record lien on the property: Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle PA 17013-3387 Mitchell A. Sommers, Esq. Attorney for Plaintiff Three West Main Street Ephrata, PA 17522 James C, Costopoulos 13 South Hanover St. Carlisle PA 17013 Equity One Inc.- Sovereign Bank 1900 Centre Avenue Reading PA 19605 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: Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle PA 17013-3387 Mitchell A. Sommers, Esq. Attorney for Plaintiff Three West Main Street Ephrata, PA 17522 James C. Costopoulos 13 South Hanover St. Carlisle PA 17013 Equity One Inc.- Sovereign Bank 1900 Centre Avenue Reading PA 19605 7. Name and address of every other uerson whom Plaintiff has knowledae who has any interest in the property that may be affected by the sale: Tax Claim Bureau Cumberland County Courthouse One Cour[house Square Carlisle PA 17013-3387 Mitchell A. Sommers, Esq. Attorney for Plaintiff Three West Main Street Ephrata, PA 17522 James C. Costopoulos 13 South Hanover St. Carlisle PA 17013 Equity One Inc.- Sovereign Bank 1900 Centre Avenue Reading PA 19605 We verify that the statements made in this affidavit are true and correct to the best of our knowledge, information, or belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sect 4904, relating to unsworn falsification to authorities. I am the attorney for Plaintiff, and as such, is authorized to execute this affidavit on it's behalf. Attorney for Plaintiff, Eastern Bank Attorney I.D. 38505 3 West Main Street Ephrata, PA 17522 (717) 733-6607 PROPERTY DESCRIPTION ALL that certain tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Stanley Jarmolenko, R.P.L.S., dated April 11, 1997 and recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 75, Page 9. BEGINNING at a point in centerline of Pine Road, S.R. 3006, at comer of Lot No. 9; thence along Lot No. 9, North 01 degree 58 minutes 41 seconds West 332.82 feet to a point; thence along Lot No. 6 on said plan, North 89 degrees 07 minutes 31 seconds East 195.04 feet to a point at Lot No. 7; thence along Lot No. 7 on plan, and along eastern edge of 25 foot drainage easement, South 01 degree 58 minutes 41 seconds East 329.06 feet to a point on centerline of Pine Road, S.R. 3006; thence along centerline of Pine Road, South 88 degrees 01 minute 19 seconds West 195/00 feet to a point, the Place of BEGINNING CONTAINING 1.4815 acres and designated as Lot No. 8 on the Plan of Penn Manor. BEING part of the same premises which KimJon, Inc., a Pennsylvania Corporation of 60 S. Pin Oak Drive, Boiling Springs, Cumberland County, Pennsylvania, granted and conveyed to Scott D. Fatkin and Laurie M. Fatkin his wife, of Carlisle, Cumberland County, Pennsylvania, hereinafter called Grantors, by its deed date: the l0th day of March, 1998, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Record Book 173, Page 479. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - - MORTGAGE FORECLOSURE EASTERN BANK, Plaintiff VS. SCOTT D. FATION and LAURIE M. FATKIN, a/k/a LAURIE M. COX, Defendants NO..' No.: 03-3813 Civil Term Mortgage Foreclosure NOTICE OF SHERIFF SALE OF REAL PROPERTY TO: SCOTT D. FATK1N 4830 SOUTH WILSON RD. ELLZABETHTOWN KENTUCKY 42701 TAKE NOTICE that on JUNE 9, 2004 at 10:00 a.m. (prevailing local time), the Sheriff of Cumberland County, Pennsylvania will sell the real property, together with any home and all other improvements thereon, that is located at 2005 PINE ROAD, NEWVILLE, CUMBERLAND COUNTY, PENNSYLVANIA 17241. The real property is more fully described in the attached legal description, which is incorporated herein by reference. This sale will take place at the Sheriff's Office, Cumberland County Courthouse, One Cumberland Square, Carlisle, Pennsylvania 17013-3387. The owner(s) or reputed owner(s) of the real property are as follows: Scott D. Fatkin - 4830 South Wilson Road, Elizabethtown, Kentucky 42701 Laurie M. Fatkin/Cox 441 North College Street, Carlisle, Pennsylvania 17013 This sale is being held pursuant to a writ of execution issued on the IUDGMENT entered in favor of the above Plaintiff and against the above Defendant(s), which judgment is indexed to the above docket number in the above Court of Common Pleas. A SCHEDULE OF DISTRIBUTION showing who will receive the proceeds of the sale will be posted in the Sheriffs Office within thirty (30) days al~er the sale date, and distribution of the sale proceeds will be made in accordance with the Schedule unless you or someone else objects to the proposed distribution by filing exceptions to it within ten (10) days at~er the posting of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff's Office. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR REAL PROPERTY. This_Notice has been sent to you because the above-described writ of execution has been issued against you based upon the above-described judgment against you. This Notice is notifying you that your property is being held to be sold or taken to pay the above- described judgment. You may have legal rights to prevent your property from being taken and sold. A lawyer can advise you more specificaily of these rights. If you wish to exercise your rights, you must act promptly or you may lose such rights. 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 800-990-9108 YOU MAY HAVE THE FOLLOWING LEGAL RIGHTS fiN ADDITION TO OTHERS): 1. You may file a petition with the above Court of Common Pleas of Cumberland, Pennsylvania in order to open or strike the judgment, or to stay or set aside the Sheriff Sale, if you feel that you have a defense against the Plaintiff, or if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff Sale but before delivery of the Sheriff's deed to the real property, you also may file a petition with the same Court of Common Pleas in order to set aside the sale for a grossly inadequate price or for other proper causes. 3. You also may have the fight to free legal help. If you wish to exercise any of the above rights, or any other rights that you may have regarding the above matters, you must act promptly or you may lose such rights. A lawyer can advise you more specifically of the above rights and other rights you may have. Attorney for Plaintiff Attorney I.D. 38505 3 West Main Street Ephrata, PA 17522 Date: c~ -~/-Off (717) 733-6607 PROPERTY DESCRIPTION ALL that certain tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Stanley Jarmolenko, R.P.L.S., dated April 11, 1997 and recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 75, Page 9. BEGINNING at a point in centerline of Pine Road, S.R. 3006, at comer of Lot No. 9; thence along Lot No. 9, North 01 degree 58 minutes 41 seconds West 332.82 feet to a point; thence along Lot No. 6 on said plan, North 89 degrees 07 minutes 31 seconds East 195.04 feet to a point at Lot No. 7; thence along Lot No. 7 on plan, and along eastern edge of 25 foot drainage easement, South 01 degree 58 minutes 41 seconds East 329.06 feet to a point on centerline of Pine Road, S.R. 3006; thence along centerline of Pine Road, South 88 degrees 01 minute 19 seconds West 195/00 feet to a point, the Place of BEGINNING CONTAINING 1.4815 acres and designated as Lot No. 8 on the Plan of Penn Manor. BEING part of the same premises which KimJon, Inc., a Pennsylvania Corporation of 60 S. Pin Oak Drive, Boiling Springs, Cumberland County, Pennsylvania, granted and conveyed to Scott D. Fatkin and Laurie M. Fatkin his wife, of Carlisle, Cumberland County, Pennsylvania, hereinafter called Gramors, by its deed date: the l0th day of March, 1998, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Record Book 173, Page 479. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - - MORTGAGE FORECLOSURE EASTERN BANK, Plaintiff VS. SCOTT D. FATKIN and LAURIE M. FATKIN, a/Wa LAURrE~ M. COX, Defendants No.: No.: 03-3813 Civil Term Mortgage Foreclosure NOTICE OF SI:iE~RIFF SALE OF REAL PROPERTY TO: LAURIE M. FATKIN/COX 441 NORTH COLLEGE STREET CARLISLE PA 17013 TAKE NOTICE that on JUNE 9, 2004 at 10:00 a.m. (prevailing local time), the Sheriff of Cumberland County, Pennsylvania will sell the real property, together with any home and ail other improvements thereon, that is located at 2005 PINE ROAD, NEWVILLE, CUMBERLAND COUNTY, PENNSYLVANIA 17241. The real property is more fully described in the attached legal description, which is incorporated herein by reference. This sale will take place at the Sheriff's Office, Cumberland County Courthouse, One Cumberland Square, Carlisle, Pennsylvania 17013-3387. The owner(s) or reputed owner(s) of the real property are as follows: Scott D. Fatkin - 4830 South Wilson Road, Elizabethtown, Kentucky 42701 Laurie M. Fatkin/Cox--441 North College SWeet, Carlisle, Pennsylvania 17013 This sale is being held pursuant to a writ of execution issued on the JUDGMENT entered in favor of the above Plaintiff and against the above Defendant(s), which judgment is indexed to the above docket number in the above Court of Common Pleas. A SCHEDULE OF DISTRIBUTION showing who will receive the proceeds of the sale will be posted in the Sheriff's Office within thirty (30) days after the sale date, and distribution of the sale proceeds will be made in accordance with the Schedule unless you or someone else objects to the proposed distribution by filing exceptions to it within ten (10) days after the posting of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff's Office. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF ~ SALE OF YOUR REAL PROPERTY. This_Notice has been sent to you because the above-described writ of execution has been issued against you based upon the above-described judgment against you. This Notice is notifying you that your property is being held to be sold or taken to pay the above- described judgment. You may have legal rights to prevent your property from being taken and sold. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly or you may lose such rights. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 11~ YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WI~'~RE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 800-990-9108 YOU MAY HAVE THE FOLLOWING LEGAL RIGHTS (IN ADDITION TO OTHERS): 1. You may file a petition with the above Court of Common Pleas of Cumberland, Pennsylvania in order to open or strike the judgment, or to stay or set aside the Sheriff Sale, if you feel that you have a defense against the Plaintiff, or if you are aware of a legal defect in the obligation or the procedure used against you. 2. ARer the Sheriff Sale but before delivery of the Sheriff's deed to the real property, you also may file a petition with the same Court of Common Pleas in order to set aside the sale for a grossly inadequate price or for other proper causes. 3. You also may have the right to free legal help. If you wish to exercise any of the above rights, or any other rights that you may have regarding the above matters, you must act promptly or you may lose such rights. A lawyer can advise you more specifically of the above rights and other rights you may have. ~h~torne21y ~~h e ~' Attorney I.D. 38505 3 West Main Street Ephrata, PA 17522 Date: c~ ~q (717) 733-6607 PROPERTY DESCRIPTION ALL that certain tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Stanley Jarmolenko, R.P.L.S., dated April 11, 1997 and recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 75, Page 9. BEGINNING at a point in centerline of Pine Road, S.R. 3006, at comer of Lot No. 9; thence along Lot No. 9, North 01 degree 58 minutes 41 seconds West 332.82 feet to a point; thence along Lot No. 6 on said plan, North 89 degrees 07 minutes 31 seconds East 195.04 feet to a point at Lot No. 7; thence along Lot No. 7 on plan, and along eastern edge of 25 foot drainage easement, South 01 degree 58 minutes 41 seconds East 329.06 feet to a point on centerline of Pine Road, S.R. 3006; thence along centerline of Pine Road, South 88 degrees 01 minute 19 seconds West 195/00 feet to a point, the Place of BEGINNING CONTAINING 1.4815 acres and designated as Lot No. 8 on the Plan of Penn Manor. BEING part of the same premises which KimJon, Inc., a Pennsylvania Corporation of 60 S. Pin Oak Drive, Boiling Springs, Cumberland County, Pennsylvania, granted and conveyed to Scott D. Fatkin and Laurie M. Fatkin his wife, of Carlisle, Cumberland County, Pennsylvania, hereinafter called Grantors, by its deed date: the 10t~ day of March, 1998, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Record Book 173, Page 479. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - - MORTGAGE FORECLOSURE EASTERN BANK, Plaintiff SCOTT D. FATIC1N and LAURIE M. FATK]N, a/k/a LAURIE M. COX, Defendants NO. WRIT OF EXECUTION AFFIDAVIT OF WHEREABOUTS OF DEFENDANT Plaintiff acknowledges the last known address for the Defendants listed in the above- captioned Mortgage Foreclosure is: Scott D. Fatkin 4830 South Wilson Rd. Elizabethtown Kentucky 42701 Laurie Fatkin/Cox 441 North College St. Carlisle, PA 17013 I, Mitchell A. Sommers, Esquire, verify that the statements made in this affidavit are true and correct to the best of my knowledge, information, or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sect 4904, relating to unswom falsification to authorities. I am the attorney for Plaintiff, and as such, is authorized to execute this affidavit on it's behalf. Attorney I.D. No. 38505 Three West Main Street Ephrata, Pennsylvania 17517 (717) 733-6607 fax (717) 721-3422 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - - MORTGAGE FORECLOSURE EASTERN BANK Plaintiff VS. SCOTT D. FATKIN and LAURIE M. FATKIN a~Ja LAURIE COX Defendants No.: 03-3813 MORTGAGE FORECLOSURE PROOF OF SERVICE AND NOW, on the 10th day of March~ 2004, I, Mitchell A. Sommers, Esq., Attorney for Plaintiff, deposes and says that true and correct copies of the Notice of Sheriff Sale of Real Property and Affidavit Pursuant to Rule 3129.1 et al. in regards to the above-captioned case were mailed to the following lienholders in the following manner and the true and correct copy of said Certificate of Mailing addressed to each lienholder being attached hereto as Exhibit "A" and incorporated herein by reference thereto. I verify that the statements in this Affidavit of Service are tree and correct. I understand that raise statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unswom falsification to authorities. Service by First Class Mail~ Postage Pre-Paid~ Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle PA 17013-3387 Equity One-Sovereign Bank 1900 Centre Avenue Reading PA 19605 lames C. Costopoulos,, Esquire 13 South Hanover Street Carlisle PA 17013 . ~t~t~Sommers, Esquire PC Attorney for Plaimiff Attorney I.D. No. 38505 Three West Main Street Ephrata, PA 17522 717-733-6607 fax (717) 721-3422 u.s. POSTAL SERVtCE CERTIFICATE OF MAILING ~1~ PROVIDE FOR INSURANCE-POSTMASTER Received From: MITCHELL A. SOMMERS, ESQ., THREE WEST MAIN STREEI EPHRATA PA 17522-2010 One p[ece of o~dinary mail eddress~d ,o: ~ (~'ff'~ PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Rec~edFromMiTCHELL A. SOMMERS, ESCL, P.C. THREE WEST [iAiii STREE~ [~'HRATA O.epie~ofo~llnar~maileddmssedto: 'Tc cb,'a! PS Form 3817, Janua~ 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ReceivedFmm: MITCHELL A. SOMMERS, ESQ., RC. THREE ~!!EST I:PHI~/~TA PS Form 3817, January 2001 f 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 Lavon Newswanger is the grantee the same having been sold to said grantee on the 9th day of June A.D., 2004, under and by virtue of a writ Execution issued on the 26th day of Feb, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 3813, at the suit of Eastern Bank against Scott D Fatkin & Laurie M aka Laurie M Cox is duly recorded in Sheriff's Deed Book No. 264, Page 3029. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this , A.D2004 day of c~Recorder of Deeds Eastern Bank VS Scott D. Fatkin and Laurie M. Fatkin a/k/a Laurie M. Cox In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3813 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action in the following manner: The Sheriffmailed a notice of the action by certified mail, restricted delivery, deliver to addressee only, return receipt requested to the within named defendant, Scott D. Fatkin at 4830 South Wilson Road, Elizabethtown, KY 42701. This letter was mailed under the date of March 02, 2004. Return receipt card was signed by Scott Fatkin on a date unknown (it was not recorded by the post office) and returned to the Sheriffs Office. Cpl. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 03, 2004 at 8:15 o'clock AM, 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: Laurie M. Fatkin a/k/a Laurie M. Cox, by making known unto Laurie M. Fatkin, personally, at The Cumberland county Sheriffs Office, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said tree and correct copy of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2004 at 10:18 o'clock A.M,, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Scott D. Fatkin and Laurie M. Fatkin M~/a Laurie M. Cox located at 2005 Pine road, Newville, 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 mariner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Scott D. Fatkin, by regular mail to his last Baown address of 4830 South Wilson Road, Elizabethtown, KY 42701. This letter was mailed under the date of April 06, 2004 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 Sheriffmailed a notice of the pendency of the action to the within named defendant, to wit: Laurie M. Fatkin a/k/a Laurie M. Cox, by regular mail to her last known address of 34 Countryview Estates, Newville, PA 17241. This letter was mailed under the date of April 06, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that alter 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, Cun~berland County, Pennsylvania on June 9, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $69,000.00 to Lavon Horst Neswanger. It being the highest bid and best price received for the same, Lavon Horst Neswanger of RD #1, Box 499A, Roaring Springs, PA 16673, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $72,190.50. Sheriffs Costs: Docketing $30.00 Poundage 1380.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 11.04 Levy 15.00 Surcharge 30.00 Law Jotnnal 265.40 Patriot News 270.97 Share of Bills 29.26 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 2167.67 -~'~ ~ R. Thomas Kline, Sheriff ~00~, ^.~. 4~-'~o~o~o~- ~'~'~,~ ~ ~,!~& ~/33 Real Estatei~eputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - - MORTGAGE FORECLOSURE EASTERN BANK, Plaintiff VS. SCOTT D. FATKIN and LAURI~ M. FATIO~, a/Wa LAURIE M. COX, Defendants No.: No.: 03-3813 Civil Term Mortgage Foreclosure AFFIDAVIT PURSUANT TO RULE 3129.1 etseo. Plaintiff now sets forth as of the date the praecipe for the writ of execution was filed in the above-captioned action the following information concerning the real prop~m'y located at 2005 Pine Road, Newville, Cumberland County, Pennsylvania 17241: 1. Name and address of the owner(s) or reouted owner(s): Scott D. Fatkin 4830 South Wilson Rd. Elizabethtown, Kentucky 42701 Laurie Fatki~Cox 441 North Collese St. Carlisle, PA 17013 2. Name and address of the defendant(s) in the iudement: Scott D. Fatkin 4830 South Wilson Rd. Elizabethtown, Kentucky 42701 Laurie Fatkin/Cox 441 North College St. Carlisle, PA 17013 3. Name and address of every iudement creditor whose judgment is a record lien on the real property to be sold: Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle PA 17013-3387 Mitchell A. Sommers, Esq. Attorney for Plaintiff Three West Main Street Ephrata, PA 17522 James C. Costopoulos 13 South Hanover St. Carlisle PA 17013 Equity One Inc.- Sovereign Bank 1900 Centre Avenue Reading PA 19605 4. Name and address of the last recorded holder of every mortgage of record: Equity One, Inc. - Sovereign Bank 1900 Centre Avenue Reading PA 19605 5. Name and address of every other person who has any record lien on the property: Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle PA 17013-3387 Mitchell A. Sommers, Esq. Attorney for Plaintiff Three West Main Street Ephrata, PA 17522 James C. Costopoulos 13 South Hanover St. Carlisle PA 17013 Equity One Inc.- Sovereign Bank 1900 Centre Avenue Reading PA 19605 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: Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle PA 17013-3387 Mitchell A. Sommers, Esq. Attorney for Plaintiff Three West Main Street Ephrata, PA 17522 James C. Costopoulos 13 South Hanover St. Carlisle PA 17013 Equity One Inc.- Sovereign Bank 1900 Centre Avenue Reading PA 19605 7. Name and address of every other ~erson whom Plaintiff has knowledge who has any interest in the property that may be affected by the sale: Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle PA 17013-3387 Mitchell A. Sommers, Esq. Attorney for Plaintiff Three West Main Street Ephrata, PA 17522 James C. Costopoulos 13 South Hanover St. Carlisle PA 17013 Equity One Inc.- Sovereign Bank 1900 Centre Avenue Reading PA 19605 We verify that the statements made in this affidavit are true and correct to the best of our knowledge, information, or belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sect 4904, relating to unsworu falsification to authorities. ! am the attorney for Plaintiff, and as such, is authorized to execute this affidavit on it's behalf. Attorney for Plaintiff, Eastern Bank Attorney I.D. 38505 3 West Main Street Ephrata, PA 17522 (717) 733~6607 AMENDED SCHEDULE OF DISTRIBUTION SALE NO. 32 Date Filed: July 9, 2004 Writ No. 2003-3813 Civil Term Eastern Bank VS Scott D. Fatkin and Laurie M. Fatkin aPrda Latme M, Cox Sale Date: Buyer: Bid Price: June 9, 2004 Lavon Horst Neswanger $69,OOO,OO Real Debt: $72,329.71 Interest: Attorney Costs: l 13.45 Total: $ 72,443.16 DISTRIBUTION: Receipts: Cash on account (03/01/04): $ 1,500.00 Cash on account (06/09/04): 6,900.00 Cash on account (06/11/04): 65,290.50 Total Receipts: $73,690.50 Disbursements: Sheriffs Costs Legal Search State Transfer Tax Local Transfer Tax Cumberland Co Tax Claim Bureau Mabel Stitt, Tax Collector Attorney Mitchell Sommers Eastern Bank $ 2,167.67 200.00 805.25 805.25 1,206.72 1,122.08 1,500.00 65,883.53 Total Disbursements: Balance for distribution: ($73,690.50) 0.00 So Answers: R. Thomas Kline Sheriff SCHEDULE OF DISTRIBUTION SALE NO. 32 Date Filed: July 9, 2004 Writ No. 2003-3813 Civil Term Eastern Baz~k VS Scott D. Fatkin and Laurie M. Fatkin a/k/a Laurie M. Cox Sale Date: Buyer: Bid Price: June 9, 2004 Lavon Horst Neswanger $69,000.00 Real Debt: $72,329.71 Interest: Attorney Costs: 113.45 Total: $72,443.16 DISTRIBUTION: Receipts: Cash on account (03/01/04): $ 1,500.00 Cash on account (06/09/04): 6,900.00 Cash on account (06/11/04): 65,290.50 Total Receipts: $73,690.50 Disbursements: Sheriffs Costs Legal Search State Transfer Tax Local Transfer Tax Cttmberland Co Tax Claim Bureau Mabel Stitt, Tax Collector Attorney Mitchell Sommers Eastern Bank $ 2,167.67 200.00 805.25 805.25 1,206.72 918.18 1,500.00 66,087.43 Total Disbursements: Balance for distribution: ($73,690.50) 0o00 So Answe~: R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 32 Held Wednesday, June 9, 2004 Date: June 9, 2004 2004. WATER RENT: SEWER RENT MECHANICS' AND Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2004, and recorded ,2004, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Kimjon, Inc., a Pennsylvania Corporation, by deed dated March 10, 1998 and recorded March 12, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania. in Deed Book 173, Page 479, granted and conveyed to Scott D. Fatkin and Laurie M. Fatkin, his wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of S. R. 3006, known as The Pine Road. TAXES: Receipts for all taxes for the years 2001 to 2003 inclusive. Taxes for the current year 6. Building conditions, setbacks and easements as shown on or set forth on Plan Book 75, Page 9. 7. Building and use restrictions imposed by deed recorded in Deed Book 173, Page 479. 8. Subject to building and use conditions, restrictions, setbacks and easements as shown on or set forth on the Plan of Penn Manor recorded in Plan Book 75, Page 9. 9. Under and subject to building and use restrictions as set forth in the deed of Kimjon, Inc. dated March 10, 1998 recorded March 12, 1998 in Deed Book 173, page 479. 10. Under and subject to a 20 foot wide drainage easement across the front portion of the premises as shown on the Plan. 11. Rights granted to United Telephone Company by instrument recorded in Miscellaneous Record Book 252, Page 555. 12. Rights granted to Texas Eastern Corporation by instrument recorded in Miscellaneous Record Book 233, Page 755. 13. Rights granted to Pennsylvania Power and Light Company by instrument recorded in Miscellaneous Record Book 475, Page 747 and Page 760. 14. Rights granted to United Telephone Company of Pennsylvania by instrument recorded in Miscellaneous Record Book 176, Page 1023. 15. Mortgage in the amount of $78.512.00 given by Scott D. Fatkin and Laurie M. Fatkin to Eastern Bank dated March 11, 1998 and recorded March 12, 1998 in Mortgage Book 1437 Page 376. Complaint in mortgage foreclosure filed by Eastern Bank as Plaintiff against Scott D. Fatkin and Laurie M. Fatkin, also known as Laurie M. Cox, as Defendants in the Office of the Prothonotary of Cumberland County to File No. 2003-3813. Default judgment entered October 17, 2003 in the amount of $72,329.71 16. Mortgage in the amount of $21,080.00 given by Scott D. Fatkin and Laurie M. Fatkin to Equity One, Inc. recorded August 10, 1999 in Mortgage Book 1563, Page 336. Said mortgage was assigned to Sovereign Bank by instrument recorded August 10, 1999 in Miscellaneous Record Book 621, Page 796. 17. Delinquent real estate taxes turned over to the Cumberland County Tax Claim Bureau in the amount of $1,198.94 as of the date of the subject Sheriff's sale. 18. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 19. Satisfactory evidence to be produced that the advertisement of the subject Sheriff's sale was sufficient despite the reference to any improvements on the premises. Real estate taxes accruing on and after July 1, 2004 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. PROPERTY DESCRIPTION ALL that certain tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Stanley Jarmolenko, R.P.L.S., dated April 11, 1997 and recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 75, Page 9. BEGINNING at a point in centerline of Pine Road, S.R. 3006, at comer of Lot No. 9; thence along Lot No. 9, North 01 degree 58 minutes 41 seconds West 332.82 feet to a point; thence along Lot No. 6 on said plan, North 89 degrees 07 minutes 31 seconds East 195.04 feet to a point at Lot No. 7; thence along Lot No. 7 on plan, and along eastern edge of 25 foot drainage easement, South 01 degree 58 minutes 41 seconds East 329.06 feet to a point on centerline of Pine Road, S.R. 3006; thence along centerline of Pine Road, South 88 degrees 01 minute 19 seconds West 195/00 feet to a point, the Place of BEGINNING CONTAINING 1.4815 acres and designated as Lot No. 8 on the Plan of Penn Manor. BEING part of the same premises which KimJon, Inc., a Pennsylvania Corporation of 60 S. Pin Oak Drive, Boiling Springs, Cumberland County, Pennsylvania, granted and conveyed to Scott D. Fatkin and Laurie M. Fatkin his wife, of Carlisle, Cumberland County, Pennsylvania, hereinat~er called Grantors, by its deed date: the l0th day of March, 1998, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Record Book 173, Page 479. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - - MORTGAGE FORECLOSURE EASTERN BANK, Plaintiff VS. SCOTT D. FATKI~ and LAUR/E M. FATKIN, a/k/a LAURIE M. COX, Defendants No,; No.: 03-3813 Civil Term Mortgage Foreclosure NOTICE OF SHERIFF SALE OF REAL PROPERTY TO: SCOTT D. FATKIN 4830 SOUTH WILSON RD. ELIZABETHTOWN KENTUCKY 42701 TAKE NOTICE that on JUNE 9, 2004 at 10:00 a.m. (prevailing local time), the Sheriff of Cumberland County, Pennsylvania will sell the real property, together with any home and all other improvements thereon, that is located at 2005 PINE ROAD, NEWVILLE, CUMBERLAND COUNTY, PENNSYLVANIA 17241. The real property is more fully described in the attached legal description, which is incorporated herein by reference. This sale will take place at the Sheriff's Office, Cumberland County Courthouse, One Cumberland Square, Carlisle, Pennsylvania 17013-3387. The owner(s) or reputed owner(s) of the real property are as follows: Scott D. Fatkin - 4830 South Wilson Road, Elizabethtown, Kentucky 42701 Laurie M. Fatkin/Cox 441 North College Street, Carlisle, Pennsylvania 17013 This sale is being held pursuant to a writ of execution issued on the JUDGMENT entered in favor of the above Plaintiff and against the above Defendant(s), which judgment is indexed to the above docket number in the above Court of Common Pleas. A SCHEDULE OF DISTRIBUTION showing who will receive the proceeds of the sale will be posted in the Sheriff's Office within thirty (30) days after the sale date, and distribution of the sale proceeds will be made in accordance with the Schedule unless you or someone else objects to the proposed distribution by filing exceptions to it within ten (10) days after the posting of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff's Office. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR REAL PROPERTY. This_Notice has been sent to you because the above-described writ of execution has been issued against you based upon the above-described judgment against you. This Notice is notifying you that your property is being held to be sold or taken to pay the above- described judgment. You may have legal rights to prevent your property from being taken and sold, A lawyer can advise you more specifically of these rights, ff you wish to exercise your rights, you must act promptly or you may lose such rights. 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 FOLLOWING OFFICE TO FIND OUT WI~RE YOU CAN GET LEGAL WELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 800-990-9108 YOU MAY HAVE THE FOLLOWING LEGAL RIGHTS (IN ADDITION TO OTHERS): 1. You may file a petition with the above Court of Common Pleas of Cumberland, Pennsylvania in order to open or strike the judgment, or to stay or set aside the Sheriff Sale, if you feel that you have a defense against the Plaintiff, or if you are aware ora legal defect in the obligation or the procedure used against you. 2. Atter the Sheriff Sale but before delivery of the Sheriff's deed to the real property, you also may file a petition with the same Court of Common Pleas in order to set aside the sale for a grossly inadequate price or for other proper causes. Date: 3. You also may have the right to free legal help. If you wish to exercise any of the above rights, or any other rights that you may have regarding the above matters, you must act promptly or you may lose such rights. A lawyer can advise you more specifically of the above rights and other rights you may have. Attorney for Plaintiff Attorney I.D. 38505 3 West Main Street Ephrata, PA 17522 (717) 733-6607 PROPERTY DESCRIPTION ALL that certain tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Stanley Jarmolenko, R.P.L.S., dated April I 1, 1997 and recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 75, Page 9. BEGINNING at a point in centerline of Pine Road, S.R. 3006, at corner of Lot No. 9; thence along Lot No. 9, North 01 degree 58 minutes 41 seconds West 332.82 feet to a point; thence along Lot No. 6 on said plan, North 89 degrees 07 minutes 31 seconds East 195.04 feet to a point at Lot No. 7; thence along Lot No. 7 on plan, and along eastern edge of 25 foot drainage easement, South 01 degree 58 minutes 41 seconds East 329.06 feet to a point on centerline of Pine Road, S.R. 3006; thence along centerline of Pine Road, South 88 degrees 01 minute 19 seconds West 195/00 feet to a point, the Place of BEGINNING CONTAINING 1.4815 acres and designated as Lot No. 8 on the Plan of Penn Manor. BEING part of the same premises which KimJon, Inc., a Pennsylvania Corporation of 60 S. Pin Oak Drive, Boiling Springs, Cumberland County, Pennsylvania, granted and conveyed to Scott D. Fatkin and Laurie M. Fatkin his wife, of Carlisle, Cumberland County, Pennsylvania, hereinafter called Grantors, by its deed date: the 10~ day of March, 1998, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Record Book 173, Page 479. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - - MORTGAGE FORECLOSURE EASTERN BANK, Plaintiff VS. SCOTT D. FATKIN and LAURi~ M. FATKIN, a/Wa LAURIE M. COX, Defendants No.: No.: 03-3813 Civil Term Mortgage Foreclosure NOTICE OF SHERIFF SALE OF REAL PROPERTY TO: LAURIE M. FATKIN/COX 441 NORTH COLLEGE STREET CARLISLE PA 17015 TAKE NOTICE that on JUNE 9, 2004 at 10:00 a.m. (prevailing local time), the Sheriff of Cumberland County, Pennsylvania will sell the real property, together with any home and ail other improvements thereon, that is located at 2005 PINE ROAD, NEWVILLE, CUMBERLAND COUNTY, PENNSYLVANIA 17241. The real property is more fully described in the attached legal description, which is incorporated herein by reference. This sale will take place at the Sheriff's Office, Cumberland County Courthouse, One Cumberland Square, Carlisle, Pennsylvania 17013-3387. The owner(s) or reputed owner(s) of the real property are as follows: Scott D. Fatkin - 4830 South Wilson Road, Elizabethtown, Kentucky 42701 Laurie M. Fatkin/Cox 441 North College Street, Carlisle, Pennsylvania 17013 This sale is being held pursuant to a writ of execution issued on the JUDGMENT entered in favor of the above Plaintiff and against the above Defendant(s), which judgment is indexed to the above docket number in the above Court of Common Pleas. A SCHEDULE OF DISTRIBUTION showing who will receive the proceeds of the sale will be posted in the Sheriff's Office within thirty (30) days at, er the sale date, and distribution of the sale proceeds will be made in accordance with the Schedule unless you or someone else objects to the proposed distribution by filing exceptions to it within ten (10) days at~er the posting of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff's Office. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR REAL PROPERTY. This_Notice has been sent to you because the above-described writ of execution has been issued against you based upon the above-described judgment against you. This Notice is notifying you that your property is being held to be sold or taken to pay the above- described judgment. You may have legal rights to prevent your property from being taken and sold. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly or you may lose such rights. 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 800-990-9108 YOU MAY HAVE THE FOLLOWING LEGAL RIGHTS (IN ADDITION TO OTHERS): 1. You may file a petition with the above Court of Common Pleas of Cumberland, Pennsylvania in order to open or strike the judgment, or to stay or set aside the Sheriff Sale, if you feel that you have a defense against the Plaintiff, or if you are aware of a legal defect in the obligation or the procedure used against you. After the Sheriff Sale but before delivery of the Sheriff's deed to the real property, you also may file a petition with the same Court of Common Pleas in order to set aside the saie for a grossly inadequate price or for other proper causes. 3. You also may have the right to free legal help. If you wish to exercise any of the above fights, or any other rights that you may have regarding the above matters, you must act promptly or you may lose such rights. A lawyer can advise you more specifically of the above rights and other rights you may have. Attorney I.D. 38505 3 West Main Street Ephrata, PA 17522 Date: ~ '~q'~ (717) 733-6607 PROPERTY DESCRIPTION ALL that certain tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Stanley Jarmolenko, R.P.L.S., dated April 11, 1997 and recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 75, Page 9. BEGINNING at a point in centerline of Pine Road, S.R. 3006, at comer of Lot No. 9; thence along Lot No. 9, North 01 degree 58 minutes 41 seconds West 332.82 feet to a point; thence along Lot No. 6 on said plan, North 89 degrees 07 minutes 31 seconds East 195.04 feet to a point at Lot No. 7; thence along Lot No. 7 on plan, and along eastern edge of 25 foot drainage easement, South 01 degree 58 minutes 41 seconds East 329.06 feet to a point on centerline of Pine Road, S.R. 3006; thence along centerline of Pine Road, South 88 degrees 01 minute 19 seconds West 195/00 feet to a point, the Place of BEGINNING CONTAINING 1.4815 acres and designated as Lot No. 8 on the Plan of Penn Manor. BEING part of the same premises which KimJon, Inc., a Pennsylvania Corporation of 60 S. Pin Oak Drive, Boiling Springs, Cumberland County, Pennsylvania, granted and conveyed to Scott D. Fatkin and Laurie M. Fatkin his wife, of Carlisle, Cumberland County, Pennsylvania, hereinai~er called Grantors, by its deed date: the 10~h day of March, 1998, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Record Book 173, Page 479. ~RIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) ' ' NO 03-3813 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy thc debt, interest and costs duc EASTERN BANK, Plaintiff (s) From SCOTT D. FATKIN AND LAURIE M. FATKIN, A/K/A LAURIE M. COX (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) lfproperty of the defendant(s) not levied upon an subject to attachment is fotmd 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 $72,329.71 Interest Atty's Corem % AttyPaid $113.45 PlaintiffPaid Date: FEBRUARY 26, 2004 (Seal) REQUESTING PARTY: Name MITCHELL A. SOMMERS, ESQUIRE Address: THREE WEST MAIN STREET EPHRATA, PA 17522 Attorney for: PLAINTIFF Telephone: 717-733-6607 Supreme Court ID No. 38505 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonot~) Deputy Real Estate Sale #32 On March 01, 2004 the sheriff levied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, PA Known and numbered as 2005 Pine Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 01, 2004 By: J~,c~t3zl/tc~ Real EstatWDeputy 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: APRIL 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. 1~ F,~TA'rE SALE NO. 32 Writ No. 2003-3813 Civil Eastern Bank Scott D. Fatldn and Laurie ,M. Fatktn, a/k/a l~ur~e M, Cox Atty.: Mitchell Sommers PROPERTY DESCRIPTION ALL that certain tract of land situ- ate in Penn Township, Cumberland County. Pennsylvania, bounded and described in accordance with a Plan prepared by Stanley Jarmolenko, R.P.L.S., dated April I1, 1997 and recorded In the Office of the Record- er of Deeds of Cumberland County in Plan Book 75. Page 9, BEGINNING at a point in center- line of Pine Road, S.R. 3006, at cor- ner of Lot No. 9: thence along Lot No. 9, North 01 degree 58 minutes 41 seconds West 1332.82 feet to a ie Coyne, ~ditor SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 LOIS E. SNYDER, Notary Public C~isle Bom, Cumberland County My Commission Expires Ma~'h 5, 2005 Att}'.: Mitchell Sommers PROPER'i"f DBSCPdPT~ON ALL that certain tract of land ~tu- ate in Penn Toss,p, Cumberl~d County, Pennsyl~a, bounded ~d desc~bed in accordance ~ prepared by Stanley Jarmolenko, R.F.L.S., dated Ap~ I I, 1997 and recorded ~ ~e O~c¢ of~ Record- er of Deeds of Cumberland CounW in Plan Book 75, Page 9, BEGINNING at a point in center- line of Pine Road, S.R. ~006, at cor- ner of ~t No. 9; ~ence Mong Lot No, 9~ No~ 01 de~ee 5S 41 seconds West 332.82 feet to a point; ~*tnc~ along Lot No, 6 on 'plan. No~ 89 de~ees 07 ~nutzs 31 seconds East 195.04 feet to a point at ~t No. 7: ~enc¢ ~ong No, 7 on plan, and ~ong eastern ~dg¢ of 25 foot dr~n~e easement, Sou~ 01 degr~ 58 ~nutes 41 sec- onds East ~29.06 feet to a point on eenterBne of Pine Road, S.R, thence along centerllne of Pine Road, Sou~ S8 de~ees 01 ~nute 19 seconds West 195/00 feet to a point, ~e Place of BEGIN~NG. CONT~NING 1,4815 acres and designated as ~t No, 8 on of Pe~ M~or. BEING pa~ of ~e same pre~ses which ~on. Inc., a Pennsylva- ~a Corporahon of 60 S, Pin Oak DOve, BoRing SpOngs, Cumber]~d County. Pe~sylv~a, ~ted ~d conveyed to Scott D. Fatkin and LouSe M. Fa~n ~s ~fe, of Carling, Cumberl~d Count, Pe~ylva~a. hereinafter called Grantors, by its deed date: ~¢ 10~ day of M~eh, 1998, ~d r~corded In ~e O~ce of ~ Recorder of Deeds In and for CumbeRed CounW in Record Book 17~, Pag~ 479. NC~'~)~I~ SEAL ~ LOIS E, SNYDER, Notary Public Carlisle 8oro, Cumberland My Gommi~i~ ~ites M~h 5, 21 THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Ce., 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 cimulation, 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 27th day(s) of April and the 4th and 11th day(s) of May 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directo]fs .of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said Coun/y)~ Dauphin ir~Miscellaneous Book "M", Volume 14, Page 317. / // ~ ~ ~ COPY Sworn to ~ subscri~e~b~ore ~is 28th day~ May~4 A.D. ~ Commi~ ~ ~ 6~006 ~ T ~u~ ~lm~ir, pl~yl~inJi~locill~n~lJ~missJon expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTt'~USE 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 $ 270.97 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid.