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HomeMy WebLinkAbout03-5398FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 FAIRBANKS CAPITAL CORP. 338 SOUTH WARMIINSTER RD HATBORO, PA 19040 Plaintiff RICHARD L. RHOADS A/K/A RICHARD J. RHONDS 1058 CENTERV1LLE ROAD NEWVILLE, PA 17241 ATTORNEY FOR PLAINf~F COURT OF COMMON PLEAS CWIL DWISION TERM CUMBERLA-ND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT EN 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 afl:er this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION .a~OUT 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3 166 File #: 80862 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING V~ITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR pLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR pLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. File #: 80862 Plaintiffis FAIRBANKS CAPITAL CORP. 338 SOUTH WARMINSTER RD HATBORO, PA 19040 The name(s) and last known address(es) of the Defendant(s) are: RICHARD L. RHOADS A/K/A RICHARD J. RIIONDS 1058 CENTERVILLE ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 03/15/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC PdEGISTRATION SYSTEMS, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1752, Page 2933. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 80862 The following amounts are due on the mortgage: Principal Balance Interest 05/01/2003 through 10/08/2003 (Per Diem $14.49) Attorney's Fees Cumulative Late Charges 03/15/2002 to 10/08/2003 Cost of Suit and Title Search Subtotal $57,967.27 2,332.89 1,250.00 95.04 $ 550.00 $ 62,195.20 Escrow 0.00 Credit Deficit 349.62 Subtotal ~; 349.62 TOTAL $ 62,544.82 7. l~ne attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has t~rninated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAiNTIfF demands an in rem Judgment against the Defendant(s) in the sum of $ 62,544.82, together with interest from 10/08/2003 at the rate of $14.49 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMA~ AND P, Iq[ELAN.,~LL~p! · By: /s/Francis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 80862 ALL ',hat certain Watt of land with improvemen~ thereon situate in thc Borough of Ncwville, Cum~rl~d County, pennsylvania, bounded and dcsm~xl as follows: ON ~he South by Broad Strcct; on the West by properly now or formerly of Mart. ha Ctutsha~ on the Nocth by an alley; and on th~ East by property now or formerly of Clair Solleobergec, having a frontage on Broad Slre~t of 9.9 feet, more or les-., and a d~th of 1~(1 fe~t, improved with a dwo!ling lmu~ known aa 62 Broad Street, Newville, VERIFICATION MATT FEENEY hereby states that he is DocUMENT CONTROL OFFICER of FAIKBANKS CAPITAL CORPORATION mortgage servicing agent for Plaintiff in this matter, that he is authorized to take tiffs Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best ofiffs knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Document Control Officer SHERIFF'S RETURN - CASE NO: 2003-05398 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FAIRBANKS CAPITAL CORP VS RHOADS RICHARD L AKA RICHARD J REGULAR JASON VIORAL Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon RHOADS RICHARD L AKA RICHARD J RHONDS the DEFENDANT , at 2041:00 HOURS, on the 22nd day of October at 117 N MIDDLESEX ROAD CARLISLE, PA 17013 by handing to R~CHARD RHOADS a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, together with 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this ~f~--' day of So Answers: R. Thomas Kline 10/23/2003 FEDERMAN & PHELAN By: ~f~'~t y S~rhe ri f f - FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN · Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215~ 563-7000 FAIRBANKS CAPITAL CORP. 338 SOUTH WARMINSTER ROAD HATBORO, PA 19040 Plaintiff, RICHARD L. RItOADS A/K/A RICHARD J. RHONDS CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION NO. 03-5398 C.T. Defendant(s). .' PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against RICHARD L. RHOADS A/FdA RICHARD J. RHONDS, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 10/9/03-11/25/03 TOTAL $62,544.82 $695.52 $63,240.34 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATI~D. DATE: [~- !-05 FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (?! '~) 56q-7000 FAIRBANKS CAPITAL CORP. Plaintiff VS. RICHARD L. RHOADS A/K/A RICHARD J. RHONDS Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 03-5398 C.T. TO: RICHARD L. RHOADS A/K/A RICHARD J. RHONDS 117 NORTH MIDDLESEX ROAD CARLISLE, PA 17013 DATE OF NOTICE: NOVEMBEit 13. 2003 FILE COPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE lS sENT, TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE,IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 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 EL1GIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCiATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FAIRBANKS CAPITAL CORP. 338 SOUTH WARMINSTER ROAD Plaintiff, RICHARD L. RHOADS A/K/A RICHARD J. RHONDS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5398 C.T. VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant RICHARD L. RHOADS A/K/A RICHARD J. RHONDS is over 18 years of age and resides at, 117 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FAIRBANKS CAPITAL CORP. 338 SOUTH WARMINSTER ROAD Plaintiff, RICHARD L. RHOADS A/K/A RICHARD J. RHONDS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5398 C.T. Notice is given that a Judgment in the above-captioned matter has been entered against you on ~ [ 200~. If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESOUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 FAIRBANKS CAPITAL CORP. Plaintiff, RICHARD L. RHOADS A]K/A RICHARD J. RHONDS Defendant(s). No. 03-5398 C.T. TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 11/26/03 to MARCH 3, 2004 (.per diem -$10.40) TOTAL $63,24O.34 ,/ $1,029.60 and Costs $64,269.94 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN tract of land with improvements thereon situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: ON the South by Broad Street; on the West by property now or formerly of Martha Gutshall; on the North by an alley; and on the East by property now or formerly of Clair Sollenberger; having a frontage on Broad Street of 29 feet, more or less, and a depth of 180 feet, more or less. TITLE TO SAID PREMISES IS VESTED IN Richard L. Rhoads by Deed From George G. Grimes and Dawn M. Grimes, his wife, dated 12/15/2001 and recorded 3/19/2002 in Record Book 250, Page 4281. Tax Parcel28-21-0361-038 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-5398 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FAIRBANKS CAPITAL CORP. Plaintiff (s) From RICARD L. RItOADS, a/k/a RICHARD J. RHONDS, 117 N. MIDDLESEX ROAD, CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 62 BROAD STREET, NEWV1LLE PA 17241 (SEE LEGAL DESCRIPTIOIN). (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 $63,240.34 L.L. $.50 Interest 11/20/03 TO 3/3/04 ~ $10.40 per deim = $1,029.60 Atty's Comm % Atty Paid $121.73 Plaintiff Paid Date: DECEMBER 1, 2003 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: 1617 JFK BLVD., STE. 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 Due Prothy 1.00 Other Costs CURTIS R. LONG Protho ~ary FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FAIRBANKS CAPITAL CORP. Plaintiff, RICHARD L. RHOADS A/K/A RICHARD J. RIrlONDS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5398 C.T. CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FAIRBANKS CAPITAL CORP. Plaintiff, RICHARD L. RHOADS A/K/A RICHARD J. RHONDS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5398 C.T. AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FAIRBANKS CAPITAL CORP., Plaintiffin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,62 BROAD STREET, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RICHARD L. RHOADS A/FdA RICHARD 117 NORTH MIDDLESEX ROAD J. RHONDS CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose j udgmem is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ALLIED MORTGAGE GROUP, INC. 7 BALA AVENUE, SUITE 108 BALA CYNWYD, PA 19004 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 62 BROAD STREET NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to nnswom falsification to authorities. November 25, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FAIRBANKS CAPITAL CORP. Plaintiff, RICHARD L. RHOADS A/K/A RICHARD J. RttONDS Defendant(s). CUMBERLAND COUNTY No. 03-5398 C.T. November 25, 2003 TO: RICHARD L. RHOADS AfK/A RICHARD J. RHONDS 117 NORTH MIDDLESEX ROAD CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED ,4 DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 62 BROAD STREET, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on MARCH 3, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $63~240.34 obtained by FAIRBANKS CAPITAL CORP. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa,R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land with improvements thereon situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows: ON the South by Broad Street; on the West by property now or formerly of Martha Gutshall; on the North by an alley; and on the East by property now or formerly of Clair Sollenberger; having a frontage on Broad Street of 29 feet, more or less, and a depth of 180 feet, more or less. TITLE TO SAID PREMISES IS VESTED IN Richard L. Rhoads by Deed From George G. Grimes and Dawn M. Grimes, his wife, dated 12/15/2001 and recorded 3/19/2002 in Record Book 250, Page 4281. Tax Parcel-28-21-0361-038 AFFIDAVIT OF SERVICE PLAINTIFF FAIRBANKS CAPITAL CORP. DEFENDANT(S) RICHARD L. RHOADS A/K/A RICHARD J. RHONDS CUMBERLAND COUNTY PJT No. 03-5398 C.T. ACCT. #4001379405 SERVE RICHARD L. RHOADS AfK/A RICHARD J. RHONDS AT 117 NORTH MIDDLESEX ROAD CARLISLE, PA 17013 Type of Action - iNotice of Sheriff's Sale Sale Date: MARCH 3, 2004 Served and made known to at/O"/dS",°'cl°cki~--m.,at //Z ~' ~dg~'/~ /~.f C~'t'(i$[~- ~'~ Defendant personally served. Adult family ~e~be~ with who~ Defen~nt(s) reside(s), Relationst'dp is Adult in charge of Defendant(s)'$ residence wbo refused to give na~e n~ relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. Other: Description: Age ~ GM-/ 35. SERVED dayof ~e¢. .200~ Commonwealth an officer of said Defendant(s)'s company. , ,, Height -~/0 Weight }8-'- Race ~)~ Sex ~k4 Other ~'~ / , a co~etent adult, being duly sworn according to law, d~ose and state t~t I perso~lly ~nded a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I I~]'l~ltl~ ~ Sworn to and subscr'bed I LUCIU.E H. CARTY, ~ Public ' t~ r ..... ~ . ~ ~ I I.etterkennv Town. In, PrankJin camry I of~,200~.....~./g .,-/-- /~// /J///.,~ / ! '"' ' ' T S & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200__, at __ o'clock __.m., Defbndant NOT FOUND because: __ Moved __ Unknown__ No Answer Vacant 1st Attempt: / / Time: : 2nd Attempt:_ / / Time: : 3rd Attempt: / / Time: : Sworn to and subscribed before me this __ day of ,200 . Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 FEDERMAN AND PHELAN, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Main Fax 215-563-5534 John.Larson~fedphe.com December 29, 2003 Office of the Prothonotary CUMBERLAND County Courthouse FAIRBANKS CAPITAL CORP. v. RICHARD L. RHOADS A/K/A RICHARD J. RHONDS CUMBERLAND COUNTY, NO. GD 03-5398 C.T. Dear Sir or Madam: Please file the enclosed affidavit(s) in reference to the above captioned matter. Thank you for your cooperation. Yours truly, John R. Larson for Federman and Phelan CC: Sheriff's Office of Allegheny County IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAIRBANKS CAPITAL CORP. VS. RICHARD L. RHOADS A/K/A RICHARD J. RHONDS ) CIVIL ACTION ) CIVIL DIVISION NO. 03-5398 C.T. AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attomey for FAIRBANKS CAPITAL CORP. hereby verify that on December 4~ 2003 tree and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: February 3, 2004 FRANK FEDERMAN, ESQUIRE Attomey for Plaintiff o~ ~ * 0~.20° 0004300377 ~C04 2003 MAI~D FROM ZIPCODE 19103 FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE ATTORNEY I.D. NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF FAIRBANKS CAPITAL CORP WILLIAM M. OSK1N THERESA L. OSK1N COURT OF COMMON PLEAS CIVIL DIVISION NO: 03-5398 C.T. CUMBERLAND COUNTY PRAECIPE TO MARK JUDGMENT TO USE OF PLAINTIFF TO THE PROTHONOTARY: Please mark the judgment in the amount of $63,240.34 in the above captioned matter to the use of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., 3476 STATEVIEW BLVD, FORT MILL, SC 29715 DATE:August 20, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., 3476 STATEVIEW BLYD, FORT MILL, SC 29715 FRANK FI~DERMAN, ESQUIRE Attorney for Plaintiff DATE :August 20, 2004 COMMONWEALTH OF PENNSYLVANIA ~ COUNTY OF CUMBERLAND S S: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Fannie Mae is the grantee the same having been sold to said grantee on the 5th day of May A.D., 2004, under and by virtue of a writ Execution issued on the 1st day of Dec, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 5398, at the suit of Fairbanks Capital Corp against Richard 1 Rhoads aka Richard J Rhonds is duly recorded in Sheriff's Deed Book No. 264, Page 4836. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ,.fl/r day of 7~.,~,o~ , A.D2004 Fairbanks Capital Corp. VS Richard L. Rhoads ~ffk/a Richard J. Rhonds In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-5398 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on December 04, 2003 at 3:05 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Richard L. Rhoads a/k/a Richard J. Rhonds, by making known unto Richard Rhoads, personally, at 117 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 13, 2004 at 9:13 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 Richard L. Rhoads a/kJa Richard J. Rhonds located at 62 Broad Street, 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 manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Rhichard L. Rhoads a/kJa Richard J. Rhonds, by regular mail to his last known address of 117 North Middlesex Road, Carlisle, PA 17013. This letter was mailed under the date of January 12, 2004 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on May 5, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Fannie Mae. It being the highest bid and best price received for the same, Fannie Mae of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $592.35. Sheriff's Costs: Docketing $30.00 Poundage 11.61 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 11.73 Levy 15.00 Postpone Sale 20.00 Surcharge 20.00 Law Journal 163.10 Patriot News 155.59 Share of Bills 29.32 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 592.35 Sworn and subscribed to before me So An~swf~s: This 7 day of ~ /'"--) ' _ - ~R. Thomas Kline, Sheriff 2004, A.D. ~ ~ ~z*/../.~, P'rofhonotary BY x~/0tY~ O Real EstatODeputy FAIRBANKS CAPITAL CORP. Plaintiff, RICHARD L. RHOADS A/K/A RICHARD J. RHONDS Defendant(s). CUMBERLAND COUNTY COURT OF CO1VIMON PLEAS CIVIL DIVISION NO. 03-5398 C.T. AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FAIRBANKS CAPITAL CORP,, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,62 BROAD STREET, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascerta'med, please indicate) RICHARD L. RHOADS A/IGA RICHARD J. RHONDS 117 NORTH MIDDLESEX ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgrnent is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ALLIED MORTGAGE GROUP, INC. 7 BALA AVENUE, SUITE 108 BALA CYNWYD, PA 19004 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Narlle Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 62 BROAD STREET NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. November 25, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FAIRBANKS CAPITAL CORP. : Plaintiff, : RICHARD L. RHOADS A/K/A RICHARD J. : RHONDS Defendant(s). CUMBERLAND COUNTY No. 03-5398 C.T. November 25, 2003 RI¢'ll ~RD I. RItO.~DS ~/K/.~, RICII ~RD J. RIIONDS 117 NORTH MIDDLESEX ROAD CARLISLE, PA 17013 **THIS FIRM IS ,4 DEBT COLLECTOR ATTEMPTING TO COLLECT ,4 DEBT ,4ND ,4NY INFORM,4TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU H,4 VE PREVIOUSLY RECEIVED ,4 DISCH,4RGE IN B,4NKRUPTCY,tND THIS DEBT WAS NOTREAFFIRMED, THIS IS NOT,4ND SHOULD NOTBE CONSTRUED TO BE AN ,4 TTEMPT TO COLLECT ,4 DEBT, BUT ONLY ENFORCEMENT OF,4 LIEN ,4GAINST PROPERTY. ** Your house (real estate) at, 62 BROAD STREET, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on MARCH 3, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $63~240.34 obtained by FAIRBANKS CAPITAL CORP. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: costs and reasonable attorney's l~es due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. lfthe Sheriff's Sale is not stopped, your properly will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly illmle(l~:llc compared to the value of?ur proper~y 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act i~mmediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARL1SLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land with improvements thereon situate in the Borough of Newviile, CumberlandCounty, Pennsylvania, bounded and described as follows: ON the South by Broad Street; on the West by property now or formerly of Martha Gutshall; on the North by an alley; and on thc East by property now or formerly of Clair Sollenberger; having a frontage on Broad Street of 29 feet, more or less, and a depth of 180 feet, more or less. TITLE TO SAID PREMISES IS VESTED IN Richard L. Rhoads by Deed From George G. Grimes and Dawn M. Grimes, his wife, dated 12/15/2001 and recorded 3/19/2002 in Record Book 250, Page 4281. Tax Parcel-28-21-0361-038 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-5398 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FAIRBANKS CAPITAL CORP. Plaintiff (s) From RICARD L. RHOADS, a/k/a RICHARD J. RHONDS, 117 N. MIDDLESEX ROAD, CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 62 BROAD STREET, NEWVILLE PA 17241 (SEE LEGAL DESCRIPTIOIN). (2) You are also directed to a~ach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(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 $63,240.34 L.L. $.50 Interest 11/20/03 TO 3/3/04 ~ $10.40 per deim = $1,029.60 Atty's Corem % Atty Paid $121.73 Plaintiff Paid Date: DECEMBER 1, 2003 (Seal) REQUESTENG PARTY: Name FRANK FEDERMAN, ESQUIRE Add~-ess: 1617 JFK BLVD., STE. 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 Due Prothy 1.00 Other Costs CURTIS R. LONG By: ~lc..t_ ~ /: ~ Protho .~. ry Depu;~ Real Estate Sale # 51 On December 04, 2003 the sherifflevied upon the defendant's interest in the real property situated in Newville Borough, Cumberland County, PA Known and numbered as 62 Broad Street, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. i - Date: December 03, 2003 By: ..~ 06U~ Real Estatd Deputy 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 Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 20th and 27th day(s) of January and the 3rd day(s) of February 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauph~Book "M", Volume 14, Page 317. PUBLICATION COPY Sworn to and subscribed ~efore/~h'~is~ 23rd da~/Fe/b~ry 2004 A.D. S A L E #51 Nota~iaISea~ WrltNe.~-~8 MyCcmrr,ssion~pir~JIJ~.6,~~6 I~- NO~AI~IgPUBLIO F*~lrlmnlmP.,~pl~Co~p. iVember, Pe~Associa~onO~No~a~es My commission expires June 6, 2006 A~: Fmflk F~rm~t CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA, 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 155.59 Publisher's Receipt for Advertising Cost ~., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general ge receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. REAL E~TATE 8AI-~ NO. 51 Writ No. 2003 5398 Civil Fairbanks Capital Corp. VS, Richard L. Rhoads, a/k/a Richard J. Rhonds Atty.: Frank Federman ALL THAT CERTAIN tract of land with improvements thereon situate in the Borough of Newville, Cum- berland County, Pennsylvania, bounded and described as follows: ON the South by Broad Street; on the West by property now or for- merly of Martha Gutshall; on the North by an alley; and on the East by property now or formerly of Clair Sollenberger; having a frontage on Broad Street of 29 feel:, more or less, and a depth of 180 feet. more or less. TITLE TO SAID PREMISES IS VESTED IN Richard L. Rhoads by ~sa Marie Coyne, l~ditor SWORN TO AND SUBSCRIBED before me this 30 .day of JANUARY 2004 C~isle Boro, Cumberland County My Commission Expires March 5, 2005 Writ No. 2003 5398 Civil Falrbazlks Capital Corp. VS. Richard L. Rhoads. a/k/a Richard J. Rhonds Atty.: Frank Federman ALL THAT CERTAIN tract of land with improvements thereon $itt~ate in the Borough of Newville, Cum- berland County, Pennsylvania, bounded and described as follows: ON the South by Broad Street; on the West by property now or for- merly of Martha Gutshall: on the North by an alley; and on the East by property now or formerly of Clair Sollenberger; having a frontage on Broad Street of 29 feet, more or less, arid a depth of 180 feet. more TITLE TO SAID PREMISES IS V~STED IN Richard L. Rtloads by Deed From George G. Grimes And Dawn M. Grimes. his wife. dated 12/15/2001 and recorded 3/19/ 2002 in Record l~ook 250, Page 4281. Tax Parcel 28-21 0361 038. SWORN TO AN 30 day, LOIS E. Sl~ Cadisle Bor( My Comrnissio