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HomeMy WebLinkAbout07-5482~, LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 BANK OF NEW YORK, AS TRUSTEE FOR EQUITY ONE, INC. MORTGAGE PASS- THROUGH CERTIFICATE SERIES 2003-4 121 Woodcrest Road Cherry Hill, NJ 08003 Plaintiff, v. RICHARD D. ALBERTSON 132 Briar Patch Road Cazlisle, PA 17013 THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: ~~ _ ~c~ga CiYil Term Defendant. 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 this court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU, DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIItING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH THE INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 AVISO PARR DEFENDER USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demands puestas en las siguientes paginas, usted tienen que tomaz accion dentro veinte (20) dias despues que esta Demands y Aviso es servido, con entrando por escrito una apazencia personalmente o por un abogado y azchivando por escrito con la Corte sus defensas o obj eciones a las demandas puestas en esta contra usted. Usted es advertido que si falls de hacerlo el caso puede proceder sin usted y un jazgazniento puede ser entrado contra usted por la Corte sin mss aviso por cualquier dinero reclamado en la Demands o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante paza usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Cumberland County Bar Association 2 Liberty Avenue Cazlisle, PA 17013 (800) 990-9108 LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 BANK OF NEW YORK, AS TRUSTEE FOR EQUITY ONE, INC. MORTGAGE PASS- THROUGH CERTIFICATE SERIES 2003-4 121 Woodcrest Road Cherry Hill, NJ 08003 Plaintiff, v. RICHARD D. ALBERTSON 132 Briar Patch Road Carlisle, PA 17013 Defendant. THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COI/~LN~LE~ NO.. o ~ S~P2 -~ COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the plaintiff by and through its attorneys, Law Offices of Peter E. Meltzer and Associates, P.C., and files this Complaint in Mortgage Foreclosure pursuant to the Pennsylvania Rules of Civil Procedure and avers the following: PARTIES 1. Plaintiff is a New York Pennsylvania corporation with an address at 121 Woodcrest Road, Cherry Hill, NJ 08003. 2. Defendant is the individual named above residing at the address given above. VENUE 3. Venue is proper in Cumberland County under Pa.R.Civ.P. 1142 in that said County is the county where the cause of action arose and the county where the transaction or occurrence took place out of which the cause of action arose and the county where the real property which secures the loan made by Plaintiff to Defendants is located. FACTS 4. 5. 6. 7 8 9. On or about May 30, 2003, Equity One, Inc. loaned Defendants the principal sum of $259,500.00 with interest in accordance with the terms and conditions of a certain Promissory Note of even date executed by Defendants in favor of Plaintiff (the "Note") The Note is secured by a Mortgage executed by Defendant in favor of Plaintiff (the "Mortgage") granting Plaintiff a mortgage lien on real estate located at 120 West Main Street, Mechanicsburg, PA 17055 (the "Property"). The Mortgage was recorded on June, 2003 with the Cumberland County Recorder of Deeds at Book 1815 Page 1218. Upon information and belief, the Property consists of amulti-family dwelling. Defendant is the owner of the Property covered by the Mortgage. The Note and Mortgage have been assigned to Plaintiff and the Assignment is in the process of being recorded. Plaintiff is the holder of the Note and Mortgage and there have been no further assignments of the Note and Mortgage. As a result of the failure to make payments due under the Note since March 1, 2007 and thereafter, the entire unpaid balance of principal indebtedness, together with all accrued and unpaid interest, and all of Plaintiffs costs as authorized in the Note are immediately due and payable, comprised as follows: Principal Balance Due: Interest Due as of September 7, 2007: Late Charges: Escrow Advance: Corporate Advance Balance: Forbearance Suspense: Prepayment Penalty: NSF Fees: Security Satisfaction Fee: $246,553.59 $ 12,559.43 $ 1,983.41 $ 10,336.50 $ 246.00 ($ 104.39) $ 0 $ 75.00 $ 27.00 2 Attorney's Fees: $ 13,583.82 Costs of Suit and Title Seazch: $ 500.00 Total Sum Due $285,760.36 Interest accrues on the Note from September 7, 2007, at the per diem rate of $57.35 and there is a monthly late charge of $104.39. 10. The attorneys' fees set forth above aze in conformity with the mortgage documents and/or Pennsylvania law and will be collected in the event of a third-party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to sale, reasonable attorneys' fees will be chazged based on work actually performed. 11. Act 6, the Act of January 30, 1974, P.L. 13, No. 6, 41 P.S. §403 et es,~., and the Homeowner's Emergency Assistance Act, Act of December 23, 1983, P.L. 395, No. 91, 35 P.S. §1680.401(c) et sec ., have been complied with or are not applicable. WHEREFORE, Plaintiff demands in rem judgment for foreclosure and sale of the property against Defendants in the amounts and with the per diem interest set forth in pazagraph 9 above, together with interest at the rate set forth in the Note from the date of judgment, and other damages and relief as the court may deem just. Respectfully submitted, LAW OFFICES OF PETER E. MELTZER AND ASSO IATES, P.C. Dated: ', 1 ~ Y I~ 7 By: PETER E. MELTZER, SQUIRE 3 ... VERIFICATION I, Victor F. Parisi, Vice President, am duly authorized to make this Verification on behalf of Plaintiff, and do hereby verify that the statements made in the foregoing Complaint are true -and correct to the best of my knowledge, information and belief. I further understand that the statements therein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. .~ ~ ~. Victor F. Parisi C na ~ rn ~, ; ~~'~ to ~ !k ~ _ '~ --- J 'G' -(~ 1 4 ~~ _Z ~ i Z `,~ O ~ ~' ~- N ca't ~ ~ SHERIFF'S RETURN - REGULAR ~'4 'M CASE NO: 2007-05482 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK ET AL VS ALBERTSON RICHARD D DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon OCCUPANT the DEFENDANT at 1816:00 HOURS, on the 27th day of September, 2007 at 120 WEST MAIN STREET APT 2 MECHANICSBURG, PA 17055 by handing to a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service ,/ Affidavit v pglp~ Surcharge 11 0 Sworn and Subscibed to before me this of So Answers: 9 . 6 0 ,rl~ '" .00 10.00 R. Thomas Kline .00 25.60 09/28/2007 PETER MELTZER By: L day Deputy Sheriff C A.D. SHERIFF'S RETURN - REGULAR ,' '~ CASE N0: 2007-05482 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK ET AL VS ALBERTSON RICHARD D KENNETH GOSSERT Cumberland County,Pennsylva says, the within COMPLAINT ALBERTSON RICHARD D DEFENDANT at 1056:00 at 132 BRIR PATCH ROAD CARLISLE, PA 17013 Sheriff or Deputy Sheriff of nia, who being duly sworn according to law, - MORT FORE was served upon the HOURS, on the 25th day of September, 2007 by handing to ANNE ALBERTSON, WIFE OF DEFT. a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit / ,~ Surcharge ~pp(I° Oi~r Sworn and Subscibed to before me this of So Answers: 18.00 6.72 10.00 R. Thomas Kline .00 34.72 09/28/2007 PETER MELTZER By y~ day v ;/ Deputy Sheriff A.D. LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 BANK OF NEW YORK, AS TRUSTEE FOR EQUITY ONE, INC. MORTGAGE PASS- THROUGH CERTIFICATE SERIES 2003-4 v. RICHARD D. ALBERTSON THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 07-5482 Civil Term Praecipe for Judgment To the Prothonotary: Enter in rem judgment in the sum of $289,602.81 in favor of the plaintiff BANK OF NEW YORK, ET AL. and against Defendant RICHARD D. ALBERTSON because of Defendant's failure to file an answer within twenty (20) days of service of the Complaint, and assess damages as follows: Amount claimed in Complaint: $285,760.36 Per diem interest from 9/8/07 to and including 11/13/07: $ 3,842.45 Per diem interest from 11/14/07 at $57.35 per day: $ REAL DEBT $289,602.81 Sarah A. Jaros , squire Attorney for Plaintiff ASSESSMENT OF DAMAGES AND NOW, this ~ day of o~ , 2007, damages are assessed as above. Prothonotary f,~G n C ~ o "~:t ~:` ('t'! i ,- , ~ t~ ~_' •~ '~' 4 ,. `~~ .~" C.' ~ ~1 ~ ~ -r~ `~ ~ ~- N p N ~~ N «- LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff BANK OF NEW YORK, AS TRUSTEE FOR EQUITY ONE, iNC. MORTGAGE PASS- THROUGH CERTIFICATE SERIES 2003-4 v. RICHARD D. ALBERTSON CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 07-5482 Civil Term CERTIFICATION AS TO COMPLIANCE WITH PA.R.CIV.P. 237.1 I hereby certify that I am the attorney for the plaintiff in this action and further certify that on October 23, 2007 I caused the 10-day notice required by Pa.R.Civ.P. 237.1 to be sent to the defendant after defendant's failure to plead to the Complaint in the above matter which was served upon defendant by the Cumberland County Sheriff on September 25, 2007, and I hereby further certify that defendant failed to answer the Complaint or otherwise respond to the Complaint or the 10-day notice in any way. A copy of the Proof of Mailing of the 10-day Notice is attached hereto as Exhibit "A". Dated: November 13, 2007 arah A. Jaro h, Esquire Attorney for Plaintiff :4 ... '~~'.......•i I +: Qj ~ Q; j . . ~W ~ ~ ~ 4y ` ~ 1 . j ~~ .. ~ - ~ I -. -. ___- __.- . M Q ~ 4Y V 7 ~ Q ; ~ k ~ ~. ~ 0 U U : j .>; O: i { f it ;~ ~ O _ 1 i':' 1i W1 ' 9 '.~3 W C d ~~~ ~ R I ~~ E m c> - .. ~a .. ~m ~m ~ w ~ a ~ ~ ~ IV9 ~~% m w c ~ ~ a _y Ery h c a `0 ~ a A a pad ~~ a L a o R o ''~w^~ ' {ri' Tt ~ • ... a~~~~ao m m 0 ~ N .s a E r ar ~ c c ~~ i ( I i j j ; i i I j t ~ j j ~ i i 1 2 a€ ~ I 1 ~ ~ ~ ~~+ ~ ~ i ~ I ' I ~ ~ v U ~~~~ a ' I ~ t9 ., ~ ~ I I 4~ E~ ~ ~ ~ ~n ro ~ i I nl ,K~ ; r,i9~ i t 6 6~ j I i m U ~ ~ ~ ~ . ~ i ~'T/ ; r ':~ ~ i ~ ~ • ° m ' 1 ~ w E m ~ ~ N ~;~ ~ Y ~~ ~ ~ 1 ``-r ~ ~ ' ~ 1 2 `o roz~'~ ~ ~ (~ •C~'~ a d .3 ~ ~ (~1 ~ ~./~ ~ ' ~ ~ I ~ 1 I 1 1 YJ p U Vi; ~ Ll f~ ~Il_a q~ J i ' I ~ 1 a mss' j ~ N N y Lr~+,. Ala ~ °-'O n... .. ~,5,~ ~ i 't44 it x ,~ ~ tl_ E ~ a`k. ~ `q ~o p N ~ { ~ d S- .~ ~ ~7e ;~ ~ ~ ~ ~ + ~ ~ ~ ~ ~ ' d a ~ (` ~ C ~ N ~ ~ ~ ~ © 1~ 1 ~ ~3 _~ Z E L) ~- . .) m Z ".. r N M V In CO f~ 00 Fp- LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 BANK OF NEW YORK, AS TRUSTEE FOR EQUITY ONE, INC. MORTGAGE PASS- THROUGH CERTIFICATE SERIES 2003-4 v. RICHARD D. ALBERTSON To: Richard Albertson THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 07-5482 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST. YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: YOIJ SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800)990-9108 LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. ` ~ l J Dated: October 19, 2007 By; ARAN A. JA SH, ESQUIRE Attorney for Plaintiff This is an attempt by a debt collector to collect a debt. Any information obtained will be ;used for that purpose. ~=' r ~_:~, '' o 'qC (7 .c _ .- , 7~ . -•~, Z ~ ~ ~- ~ -~, LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff BANK OF NEW YORK, AS TRUSTEE FOR CUMBERLAND COUNTY EQUITY ONE, INC. MORTGAGE PASS- COURT OF COMMON PLEAS THROUGH CERTIFICATE SERIES 2003-4 NO.: 07-5482 Civil Term v. RICHARD D. ALBERTSON Praecipe for Writ of Execution To the Prothonotary: Issue writ of execution in the above matter: Amount due: $289,602.81 Interest from judgment date: $ Costs to be added: $ arah A. Jarosh, quire Attorney for Plaintiff Legal Description attached -. .~ TRACT N0. FIVE: (iZ0 West Main Street, Borough of Mechaz~a.csburg, Cumberland County, Pexulgylvania) PARCEL A: ALI, that certain house and lot of ground situate on the North Bide of 9vegt fain Street, Borough of Mechanicsburg, County of Cumberland aad Conmwnwealth of Pennsylvania, bquzsded and described as follows, to wit: BSGINNII~ at a point in the building line of said Went Main Street, corner of a three (3I foot alley, the property now or formerly of R,B. Thomas, eC a1,; thence westwarfl along said street, twenty-Six (26) feet, eight (B} inches to corner of lot now or formerly of William overdeer heirs; thence by said lot northward two hundred (200) feet, more ar less, to a point in the line of Strawberry Alley; thence by said alley eastward, Cwenty-six (26) feet, eight (B} inches to corner of property now or ~ormexly of R,H. Thomas, et al.; thence by same southward, two hundred (200) feet, more or lees, to the place of 8$GINNING. (TM-19-23-6567 163) PARCEL $: ALL that certain piece, parcel or tract of land situate on the North side of West Main Street, Borough of Mechanicsburg, County of Cumberland and Cotnmona-ealCh of Pennsylvania„ bounded and described as follows, to wit: 88GTNNING at a point on Main street at the existing building line at the southwest corner ag land formerly of Condo H. Aiehl (parcel A above); thence along the building line of West Main Street westtcard three (3) feet, five (5) inches; thence along Iaz~d now or formerly of Alma tReber Mower Brandt, of which the tract herein described was a part, northwardiy sixty-three (63} feet to a point; thence along Iand of game in an eastwardly direction, three (3} feet, five (5) inchos to the line of land farmerlx o£ corula H. Diehl (Parcel A above); thence along the line of land formerly of Condo A. Diehl (ParCeX A above) in a southwardly direction, sixty-three (63) feet tp the lauildirig line of West Main Street, the point and place of BEGIN,~iING, (TM-19-23-0567-183} BEING THE SAME PREMISTsS WHICH Stanley 5. Conner and Ingrid ~T. Conner, by deed to be recorded aimultaneousiy herewith a.n the Office of the ]tecorder of Deeds in and for Cumberland County, granted and conveyed unto Richard D. Albertson. 0 ~ ~, ~ d ~=~~, r,~ ~ ~ ;~ ~ F F ~ ,~ c.~ ~~ ~ ?;. ,. ,_ -° ~ ~i ~ > a rr~ -C, fV `o WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N02007-5482 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Bank of New York, as Trustee for Equity One, Inc. Mortgage Pass-Through Certificate Series 2003-4 Plaintiff (s) From Richard D. Albertson (1) You are directed to levy upon the property of the defendant (s)and to sell See legal description . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$289,602.81 Interest from judgment date Atty's Comm Atty Paid $279.32 L.L.$.50 Due Prothy $2.00 Other Costs Plaintiff Paid Date: November 14, 2007 (Seal) REQUESTING PARTY: Name Sarah A. Jarosh, Esq. Address: 1600 Locust St., Suite 200 Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: (215) 545-3300 Supreme Court ID No. 206946 i.~/ l ;~o Curtis RII. Long, Prothonotar / A - Deputy LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 BANK OF NEW YORK, AS TRUSTEE FOR EQUITY ONE, INC. MORTGAGE PASS- THROUGH CERTIFICATE SERIES 2003-4 v. RICHARD D. ALBERTSON THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 07-5482 Civil Term TO: Richard D. Albertson NOTICE PURSUANT TO RULE 236 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, NOTICE IS GIVEN THAT A JUDGMENT BY DEFAULT IN THE ABOVE- CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. PROTHONOTARY If you have any questions concerning the above, please contact: Meltzer & Associates, P.C. Peter E. Meltzer, Esquire 1600 Locust St., Suite 200 Philadelphia, PA 19103 215-545-3300 ~ ~ o ~ -~~ ~e ~. ' •c ter ~ ~ ~ ~ ~ " . ~,~_ r, ~ ~-~ ~ j t- . LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 BANK OF NEW YORK, AS TRUSTEE FOR EQUITY ONE, INC. MORTGAGE PASS- THROUGH CERTIFICATE SERIES 2003-4 v. RICHARD D. ALBERTSON THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 07-5482 Civil Term CERTIFICATE OF ADDRESS AND NON-MILITARY SERVICE The undersigned hereby certifies that, upon information and belief: Richard D. Albertson is over 21 years of age, resides at 132 Briar Patch Road, Carlisle, PA 17013 and is employed at unknown as an unknown. Deponent further avers that, upon information and belief, the above individual is not within the protection of the Soldiers' and Sailors' Civil Relief Act of 1940, together with amendments thereto. ~. Sarah A. Jaros ,Esquire ~ 'G~ ~ ° o ~ t,~ ± '•- _' CJ ~~`=' C ~, 1 ~~~ /~y L ~~ s ~ h ` r ~ LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 BANK OF NEW YORK, AS TRUSTEE FOR EQUITY ONE, INC. MORTGAGE PASS- THROUGH CERTIFICATE SERIES 2003-4 v. RICHARD D. ALBERTSON THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 07-5482 Civil Term CERTIFICATION TO SHERIFF AS TO THE SALE OF REAL PROPERTY DATE OF SALE: March 5, 2008 I hereby certify that I am the attorney for the plaintiff in this action and further certify that this Property is: X Act 6 and Act 91 complied wit A. Jarosh, squire Attorney for Plaintiff 4 0 Q ~ _ ~~ 1 w ~~ ~ cY::. ~~ ' ~ ~ ~ ~• ~ =r ~`jt ~ ~ , V ~./ ~ ~ ` • V OF PETER E' MELT ZER LAS' OFFICES p.C. AND ASSOCIATES, By: Peter E. Meltzer Identification N o • : 3 9828 By: Sarah A• Jarosh Identification N o • :206946 1600 Locust St., Suite 200 hia, P A 19103 Philad54 _3300 (215) F NEW YORK AS TREE PASSOR BANK O MORTGA EQUITY ONE, INC. OUGH CERTIFICATE SERIES 2003- THR RICHARD D. ALBERTSON ant to Rule 3129.1 Affidavit Pursu above action, sets forth as of the date that the York, et al., Plaintiff in the the real property Bank of Ne~'~' information concerning r Writ of Execution was filed the following Praecipe fo pA 17055 : Gated at 120 West Main Street, Mechanicsburg, 1° or reputed owner(s) 1. 2. v. Name and address of owner(s) Address Nye Albertson Richard D THIS IS NOT AN ARBITRATION CASE' AGES T OF DA UIRED ASSESSMEN HEARING IS NOT REQ. Ahorneys for Plaintiff COUNTY CUMBERLAND COURT OF COMMON PLEAS . NO :07.5482 Civil Term 132 Bear Patch Road Carlisle, PA 17013 ud ment: ame and address of defendant(s) in the j g N Ad_ dry 132 Bear Patch Road Carlisle, PA 17013 Richard D• Albertson ent creditor whose judgment is a record lien on d address of every judgm 3 Name an to be sold: the real propem' Adams N~ a e of record: ss of the last recorded holder of every mOrtg g 4 Name and addre Name Bank of New York, et al. Address 121 Woodcrest Road Cherry Hill, NJ 08003 5. Name and address of every other person who has any record lien on the properly: Name Address Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Bonnie Miller, Tax Collector 1993 Hummel Avenue Camp Hill, PA 17011 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Cumberland County Domestic Relations Commonwealth of PA Department of Welfare Commonwealth of PA Bureau of Compliance Address 13 N. Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Occupant Address 120 West Main Street, Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. Dated: November 13, 2007 L arah A. Jarosh 2 C'7 C ''~' c°~ ~ ~ ~' ~' --~ ~ c~ ~.~ ~~.:. ~ ,~ _, ,~.- ~'.; ~ ,~ j ~~% ~~ ~ t~ ~m ~ t- tv LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 BANK OF NE ~ ~ MORTGAGE PASS OR EQUITY ONE, THROUGH CERTIFICATE SERIES 2003-4 v. RICHARD D. ALBERTSON THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS • NO.: 07-5482 Civil Term TO: Richard D. Albertson Your real estate at 120 West Main Street, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriff s Sale on March 5 2008 at 10:0__ 0_~~eh C~~i~IP~° 17013 to enforRce the Cumberland County Courthouse, One Courthouse Sq court judgment of $289,602.81 obtained by Bank of New York, et al. against you. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale you must take immediate action: to Meltzer & Associates, P.C. the back 1, The sale will be canceled if you pay payments, late charges, costs and reasoncblMeltzer & Asso cat sTP.Cnat 215- how much you must pay, you may con 545-3300. 2, You may be able to stop the sale by filingna po lerly entereda You~may alsoeask open the judgment, if the judgment was p p the Court to postpone the sale for good cause. 3, You may also be able stop the sale through other legal proceedings. You may need an attorney to assert your righce below of how to obtain an attorneey )re chance you will have of stopping the sale. (See not ..... YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the sheriff's sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Meltzer & Associates, P.C. at 215-545-3300 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of the property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Meltzer & Associates, P.C. at 215-545-3300. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff approximately 30 days after the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within 10 days. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 (717)249-3166 2 '° a -~ -... i ~' a , ~ ~ ~~ N .~ --~ N -C 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 EQUITY ONE INC TR is the grantee the same having been sold to said grantee on the 2nd day of April A.D., 2008, under and by virtue of a writ Execution issued on the 14TH day of NOV, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 07 Number 5482, at the suit of EQUITY ONE INC TR against RICHARD D ALBERTSON is duly recorded as Instrument Number 200813595. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. s~ ~ of Deeds Cumbelmo count'. C~ii, PA ~ rie FMM Moedp d,Nn. 8r1o Bank of New York, as Trustee for In the Court of Common Pleas of Equity One, Inc. Mortgage Pass-Through Cumberland County, Pennsylvania Certificate Series 2003-4 Writ No. 2007-5482 Civil Term VS Richard D. Albertson Tim Reitz, Deputy Sheriff, who being duly sworn according to law, states that on December 06, 2007 at 1923 hours, 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: Richard D. Albertson by making known unto Anne Albertson, adult in charge for Richard D. Albertson, personally at 132 Briar Patch Road, Carlisle, Cumberland Country, Pennsylvania its contents and at the same time handing to her personally the said true and correct copies of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2008 at 2055 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Richard D. Albertson located at 120 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Richard D. Albertson by regular mail to his last known address of 132 Briar Patch Road, Carlisle, PA 17013. These letters were mailed under the date of January 8, 2008 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on Apri12, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Sarah Jarosh, on behalf of The Bank of New York as Trustee for Equity One, Inc. Mortgage Pass-Through Certificate Series 2003-4. It being the highest bid and best price received for the same, The Bank of New York as Trustee for Equity One, Inc. Mortgage Pass-Through Certificate Series 2003-4, of 121 Woodcrest Road, Cherry Hill, NJ 08003, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,202.37. Sheriffs Costs: Docketing $30.00 Poundage 23.58 Posting Bills 30.00 Advertising 30.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 16.32 Levy 30.00 Surcharge 30.00 Post Pone Sale 20.00 Law Journal 455.00 Patriot News 416.30 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $1,222.37 ~~-~ R. Thomas Kline, Sheriff BY ~ ~ ;. ~ Real Estate ergeant / ~r f dq ~b 8 ~~ u~''~ ~ ~~ ,~~ ~ ~ ~~ ~~v3~~~ . . LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff BANK OF NEW YORK, AS TRUSTEE FOR CUMBERLAND COUNTY EQUITY ONE, INC. MORTGAGE PASS- COURT OF COMMON PLEAS THROUGH CERTIFICATE SERIES 2003-4 NO.: 07-5482 Civil Term v. RICHARD D. ALBERTSON Affidavit Pursuant to Rule 3129.1 Bank of New York, et al., Plaintiff in the above action, sets forth as of the date that the Praecipe for Writ of Execution was filed the following information concerning the real property located at 120 West Main Street, Mechanicsburg, PA 17055 1. Name and address of owner(s) or reputed owner(s): Name Richard D. Albertson 2. Address 132 Briar Patch Road Carlisle, PA 17013 Name and address of defendant(s) in the judgment: Name Richard D. Albertson 3. 4. Address 132 Briar Patch Road Carlisle, PA 17013 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Name and address of the last recorded holder of every mortgage of record: 1 Name Bank of New York, et al. Address 121 Woodcrest Road Cherry Hill, NJ 08003 5. Name and address of every other person who has any record lien on the property: Name Address Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Bonnie Miller, Tax Collector 1993 Hummel Avenue Camp Hill, PA 17011 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Cumberland County Domestic Relations Commonwealth of PA Department of Welfare Commonwealth of PA Bureau of Compliance Address 13 N. Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Occupant Address 120 West Main Street, Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. .~ ~~C Dated: November 13, 2007 arah A. Jarosh 2 LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19.103 (215) 545-3300 THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff BANK OF NEW YORK, AS TRUSTEE FOR EQUITY ONE, INC. MORTGAGE PASS- THROUGH CERTIFICATE SERIES 2003-4 v. RICHARD D. ALBERTSON CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 07-5482 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Richard D. Albertson Your real estate at 120 West Main Street, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriff s Sale on March 5.2008 at 10:00 a.m., at the Commissioner's Hearing Room, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $289,602.81 obtained by Bank of New York, et al. against you. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: The sale will be canceled if you pay to Meltzer & Associates, P.C. the back payments, late charges, costs and reasonable attorneys fees due. To find out how much you must pay, you may contact Meltzer & Associates, P.C. at 215- 545-3300. 2. You may be able to stop the sale by filing a petition asking a Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the sheriff's sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Meltzer & Associates, P.C. at 215-545-3300 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of the property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Meltzer & Associates, P.C. at 215-54~-3300. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff approximately 30 days after the date of the Sheriffls Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within 10 days. 7. You may also have other rights and defenses, or ways of getting your house back,,if you act immediately after the sale. , YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800)990-9108 (717)249-3166 2 TRACT NO_ f'IVF3: (1Z0 West Main Street, Bazough of Mechat~xesburg, Cumberland County, Pennsylvania) PARCEL A: AT,I. that oe7:tain house and lot of ground situate on the North side of West Main Street, Borough of Mechanicsburg, County of Cumberland and CommanweaJ.th at Pennsylvania, bounded and described as follows, to wit: 8$GZNPT=NG at a point in the building line of said West Main Street, corner of a three (3) foot alley, the property now or formerly of 1t.F3. x'homas, et ai.; thence westwaxfl along said street, twenty-six (263 feet, eight (S} inches to corner of lot now or formerly of William overdeer heirs; thence by said lot northward two hundred (200} feet, taore or leBS, to d point in the line of Strawberry Alley; thence by said alley eastward, twenty-six (z6) feet, eight {8) inches to career of property now ar £ormexly of R,H. Thomas, et al.; thence by same southward, two hundred (2UO) Beet, more or lase, to the place of BBGiIJNING. (TM-19-z3-o567-183} PARCEL $: AI.L that Certain piecE, paroel ox tract of land situate on the North sifle of west Main Street, Boxvugh of Mechanicsburg, County of Cumberland and Cotnmanwealth of Pennsylvania, bounded and desCrih~d as follows, zo wit: 88GINNING at a point on Main Street at the existing building lane at the Southwest coiner of land formerly of Conde H. Aiehl (Parcel A above); thence along the building line of West Main Street westward three (3) feet, five (5} inches; thence along land now ar formerly of Alma Weber Mower Brandt, of which the tract herein described was a part, northwardly sixty-three (63} feet to a point; thence along land of game in an eastwardly direction, three (3} feet, five {5} inches to the Rine of land formerly o£ Conde H. Diehl (karcel A above}: thence along the liz-e o£ land fpz7rterly of Condd H. Diehl (Parcel A above} in a southwardly direction., sixty-three (63} feet to the building line of West Main Street, the point and place of BEGIN,~iING. (TM-39-23-0567-183) BEING THP SAME PREMISES WHICH Stanley 5. Conner' and Ingrid J. Conner, by deed to be recorded simultaneously herewith in the Office of the Recorder of heeds in and for Cumberland County, granted and conveyed unto Richard D. Albertson. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO2007-5482 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Bank of New York, as Trustee for Equity One, Inc. Mortgage Pass-Through Certificate Series 2003-4 Plaintiff (s) From Richard D. Albertson (1) You are directed to levy upon the property of the defendant (s)and to sell See legal description . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendants} not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$289,602.81 L.L.$.50 Interest from judgment date Atty's Comm % Due Prothy $2.00 Atty Paid $279.32 -Other Costs Plaintiff Paid Date: November 14, 2007 ~-~ .fl./.n /C_ Curtis R. Long, Prothonotai (Seal) By: .~ Deputy REQUESTING PARTY: Name Sarah A. Jarosh, Esq. Address: 1600 Locust St., Suite 200 Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: (215) 545-3300 Supreme Court ID No. 206946 Real Estate Sale #58 On November 27, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA Known and numbered as 120 West Main Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference 1, incorporated herein. '.~, c j~ ,~„' Date: November 27, 2007 By: ~a ~ ~~~ Real Estae Sergeant , TMe Patriot-News Co. r - ,.~ 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the ~latriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/30/08 02/06/08 02/13/08 February, 2008 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal ~~ l« Wsne!', Notary Public: Cdy Of Harrisburg Cs+.Fphin County ~ ~•" '_'-.~~r~- ?~~ov. 26, 2011 Member, Pennayiva~eia Association of Notaries I~.~':. : R A; AIL Wu ~ wd lot of ~ ` ~' ~ ~' - ~, h1ler~. hooedd~ ~ d[rs~d Ys fo}kiws, xt a, poet i~ the h bae of said '' ogagrraf ~ (3) f!aot ~a q~#ty ronr,,ar:of RH: ~~ ,~, ~. ~ ~~ ,~ aftsc,mt~i>~the Win' of laast~~dhArre4l'11~ci~~in ~'~ ~ Cla®h~ii6d ~ ~ a~€ Pmos7a, Aeai >~dd ~luliaw~ D¢,1~C ,a ~U ~$~ac ~ the ~~'.ritdt ~: ,~1 A mrlks ~~ trbrv of of ?NHS ~1Bd<, tl~' ~~>J>rCl tl~oe ~ of >~ + (3) feet, :~ d filloi:iy of ~. be PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P, L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1 and February 8, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ----.._~ Li a Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 8 day of February, 2008 Notary -------- NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commisslon Expires Apr 28, 2010 REAL ESTATE BALE NO. S8 Writ No. 2007-5482 Civil Bank of New York as Trustee for Equity One, Inc. Mortgage Pass- Through Certificate Series 2003-4 vs. Richard D. Albertson Atty.: Sarah Jarosh DESCRIPTION Tract No. Five: (120 West Main Street, Borough of Mechanicsburg, Cumberland County, Pennsylva- nia). Parcel A: ALL that certain house and lot of ground situate on the North side of West Main Street, Borough of Mechanicsburg, County of Cumber- land and Commonwealth of Penn- sylvania, bounded and described as follows, to wit: Beginning at a point in the build- ing line of said West Main Street, corner of a three (3) foot alley, the property now or formerly of R.H. Thomas, et al.; thence westward along said street, twenty-six (26) feet, eight (8) inches to corner of lot now or formerly of William Overdeer heirs; thence by said lot northward two hundred (200) feet, more or less, to a point in the line of Strawberry Alley; thence by said alley eastward, twenty-six (26) feet, eight (8) inches to corner of property now or formerly of R.H. Thomas, et al.; thence by same southward, two hundred (200) feet, more or less, to the place of begin- ning. (TM-19-23-0567-183) Parcel B: ALL that certain piece, parcel or tract of land situate on the North side of West Main Street, Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and de- scribed as follows, to wit: Beginning at a point on Main Street at the existing building line at the southwest corner of land formerly of Conda H. Diehl (Parcel A above); thence along the building line of West Main Street westward three (3) feet, five (5) inches; thence along land now or formerly of Alma Weber Mower Brandt, of which the tract herein described was a part, northwardly sixty-three (63) feet to a point; thence along land of same in an eastwardly direction, three (3) feet, five (5) inches to the line of land formerly of Conda H. Diehl (Parcel A above); thence along the line of land formerly of Conda H. Diehl (Parcel A above) in a southwardly direction, sixty-three (63) feet to the building line of West Main Street, the point and place of beginning. (TM-19-23-0567-183) Being the same premises which Stanley S. Conner and Ingrid J. Con- ner, by deed to be recorded simulta- neously herewith in the Office of the Recorder of Deeds in and for Cumber- land County, granted and conveyed unto Richard D. Albertson. REAL ESTATE SALE N0.58 Writ No. 20075482 Chril Term t3ank of Nsw York ~ 7lvstee for Equity One, inc. Mortgage Pass- Through Certificate Series 200& 4 VS Richard D. Albertson AttorMy Sarah Jarosh DESCRIPTION 'pact No. Five: (120 West Main Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania) Parcel A: ALL that certain house and lot of ground situate on the North side of West Main Strcet, Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: Beginning at a point in the building line of said West Main Street, comer of a three (3) foot alley, the property now or formerly of R.H: Thomas, et al.; thence westward along said street, twenty-six (26) feet, eight (8) incbes to corner of lot now or formerly of William Overdeer heirs; thence by said lot northward two hundred (200) feet, more or less, to a point in the line of Strawberry Alley; thence by said alley eastward, twenty-six (26) feet, eight (8) inches to comer of property now or formerly of R.H. 1ltomas, et al.; thence by same southward, two hwdreil (200) feet, more or less, to the place of beginning. ('fM-19-23-0567-183) Parcel B: ALL that certain piece, parcel or tract of land situate on the North side of West Main Street, Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, fo wit: Beginning at a point on Main Street at tbe existing building line at the southwest wmer of land formerly of Conde H. Diehl. (Pazcel A above); thence along the building line of West Main Street westwazd three (3) feet, five (5) inches; thence along land now or fomterly of Alma Weber Mower Brandt, of which the tract herein described was a part, northwardly sixty- three (63) feet to a point; thence along land of same in ao eastwazdly direction,.three (3) feet, five (5) inches to the line of land fom~eriy of Conde H. Dill (Parcel A above); thence along the line of Lud formerly of Conde H. Diehl (F~rcel A above) in a southwardly direction, ~y-throe (63) fed to the building lice of West Main Street, the point and place of beginning. (1Tfi-19-23.0567-183) Being the same premises which Stanley S. Conner and Ingrid J. Conner, by deed to be recorded simultaneously herewith in tbe Office of the Recorder of Deeds m and for Cumberland County, granted and conveyed unto Richard D. Albertson.