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HomeMy WebLinkAbout03-5458FEDERMAN 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 PHBLADELPHIA, PA 19103 (215) 563-7000 CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE 1000 TECHNOLOGY DRIVE,MS 314 O'FALLON, MO 63304 Plaintiff H. SAMUEL DOUGHERTY, IlI 1786 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attomey 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 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 KEDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIEERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File#: 81067 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) 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, 1F 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#: 81067 Plaintiff is CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE 1000 TECHNOLOGY DR1VE, MS 314 O'FALLON, MO 63304 The name(s) and last known address(es) of the Defendant(s) are: H. SAMUEL DOUGHERTY, III 1786 WEATHERBURN DRiVE NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 09/29/2000 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1642, Page 1095. 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 04/01/2003 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#: 81067 The following amounts are due on the mortgage: Principal Balance Interest 03/01/2003 through 10/14/2003 (Per Diem $17.03) Attorney's Fees Cumulative Late Charges 09/29/2000 to 10/14/2003 Cost of Suit and Title Search Subtotal $77,696.89 3,882.84 1,250.00 104.87 $ 550.00 $ 83,484.60 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 83,484.60 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event ora third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 83,484.60, together with interest from 10/14/2003 at the rate of $17.03 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: FEDERMAN AND PHELAN, ~_ LP~I// /s/Francis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff F/lc #: 81067 know,, and ;,,,,,hcrcd VERIFICATION TERESA METCALF hereby states that she is ASSISTANT SECRETARY of CITIMORTGAGE, INC mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The tmdersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. SHERIFF'S RETURN - CASE NO: 2003-05458 P COMMONTWEALTH OF PENNSYLVANIA COI/NTY OF CUMBERLAND NOT FOUND CITIMORTGAGE INC VS DOUGHERTY H SAMUEL III R. Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named DEFENDANT DOUGHERTY H SAMUEL III unable to locate Him in his bailiwick. COMPLAINT - MORT FORE , ,Sheriff or Deputy Sheriff, who being search and but was He therefore returns the the within named DEFENDANT NOT FOUND , DOUGHERTY H SAMUEL III 1786 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 DEFENDANT NO LONGER LIVES AT THIS ADDRESS, HOWEVER HIS MAIL IS STILL DELIVERED TO 1786 WEATHERBURN DR. Sheriff's Costs: Docketing 18 Service 12 Not Found 5 Surcharge 10 45 O0 42 O0 O0 O0 42 So answers ./~ --- / ~?-~--J~ / R. Thomas Klir~e Sheriff of Cumberland County FEDERMAN & PHELAN ¢0/31/2003 Sworn and subscribed to before me this ~ day , as to SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-05458 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERI2~ND CITIMORTGAGE INC VS DOUGHERTY H SAMUEL III R. Thomas Kline , duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT DOUGHERTY H SAMUEL III but was unable to locate Him deputized the sheriff of DAUPHIN Sheriff or Deputy Sheriff who being a diligent search and , to wit: in his bailiwick. County, serve the within COMPLAINT - MORT FORE He therefore Pennsylvania, to On October 31st 2003 attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 6.00 9.00 10.00 30.50 .00 55.50 10/31/2003 FEDERMAN & PHELAN Sworn and subscribed to before me this b ~ day of~ A.D. ' Prothondt a~y , this office was in receipt of the So answers~ ~../~ ~'-l.~ R~ Thomas Kline Sheriff of Cumberland County In The Courl of Common Pleas of Cumberland County, Pennsylvania Cit Jmortga§e Inc VS. H. S~m]el Dougherty III SERVE: sane NO. 03-5458 civil HOW, October 16, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cum6erland County, PA Affidavit of Service within ,20 , at o'clock __ M. served the upon by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this day of ,20 COSTS SERVICE MILEAGE AFFIDAVIT Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy CommonweaRh of Pennsy~ania : CITIMORTGAGE INC vs County ofDauphin : DOUGHERY H SAMUEL III Sheriff's Return No. 2780-T - -2003 OTHER COUNTY NO. 03 5458 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for DOUGHERY H SAMUEL III the DEFENDANT named in the within NOTICE & COMPLAINT IN MORTG. FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOI]ND, October 24, 2003 NEED BETTER ADDRESS. NO SUCH ADDRESS, STOPS AT 3298 WAKEFIELD ROAD. Sworn and subscribed to before me this 24TH day of OCTOBER, 2003 PROTHONOT So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $30.50 PD 10/20/2003 RCPT NO 183941 Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE VS. H. SAMUEL DOUGHERTY, 11I COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-5458-CIVIL MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Federman and Phelan, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant by first class mail and certified mail to the Defendant at the last known address and mortgaged premises, located at 1786 WEATHERBURN DRIVE, NEW CUMBERLAND, PA 17070, and in support thereof avers the following: 1. Attempts to serve Defendant with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant, H. SAMUEL DOUGHERTY, at the mortgaged premises, 1786 WEATHERBURN DRIVE, NEW CUMBERLAND, PA 17070, but Defendant no longer resides there, as indicated by the Sheriffs Return of Service attached hereto as Exhibit "A". }q:/Main Forms/motions/county.comp 2. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiff has reviewed its internal records and has not been contacted by defendant as of December 12, 2003 to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the defendant, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Date: December 12, 2003 Respectfully subnfiitted, Federman and P,~elan, LLP Attomey~mmmm~aintiff //// // ~a~e~ ~. Ph~l~, Esquire / F~cis S. ~Hin~, Esq~re D~el G. Sc~ieg, Esqu~e ~om~ M. F~, Esquire H:/Main Forms/motions/county.comp Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE VS. H. SAMUEL DOUGHERTY, m Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-5458-CIVIL MEMORANDUM OF LAW Pa. R.C.P. 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriffs return of"Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient ev/dence of concealment. Gonzales vs. Polls, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of thtended adoption mailed to last known address requires a good faith effort to discover the correct address." Adovtion of Walker. 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to lecate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, Mends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. H:/Main Forms/motions/county.comp As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully subn~d, Federman and ~f61an, LLP Att°me~t?f. //~/~,~.//~,/.. Fr~cis S. H~lin~, Esquire D~iel G. Sc~ieg, Esq~re Thom~ M. Fede~, Esquire Date: December 12, 2003 H:/Main Fore,s/motions/county.comp SHERIFF'S RETURN - NOT FOUND CA~E NO: 2003-05458 P COMMONTWEALTH'OF PENNSYLVANIA COUNTY OF~CUMBERLAND CITIMORTGAGE INC VS DOUGHERTY H SAMUEL III R. Thomas Kline duly sworn according to law, says, that inquiry for the within named DEFENDANT DOUGHERTY H SAMUEL III ,Sheriff or Deputy Sheriff, who being he made a diligent search and unable to locate Him in his bailiwick. but was He therefore returns the COMPLAINT - MORT FORE , , NOT FOUND , as to the within named DEFENDANT , DOUGHERTY H SAMUEL III 1786 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 DEFENDANT NO LONGER LIVES AT THIS ADDRESS, HOWEVER HIS MAIL IS STILL DELIVERED TO 1786 WEATHERBURN DR. Sheriff's Costs: Docketing 18.00 Service 12.42 Not Found 5.00 Surcharge 10.00 .00 45.42 / R. Thomas Klin~ Sheriff of Cumberland County FEDERMAN ~ PHELAN 10/31/2003 Sworn and subscribed to before me this day of A.D. Prothonotary Default ExPress Inc. 4905 Hamilton Dr. Voorhees, NJ, 08043 Phone: 888-563-4746 Fax: 215-563-4746 info~defaulteXpress.com File #: 03-10869 Firm: FEDERMAN & PHELAN Subject: Samuel Dougherty Current address: 1786 Weatherburn Rd. New Cumberland, PA 17070 Property address: 1786 Weatherburn Rd. New Cumberland, PA 17070 Mailing address: 1786 Weatherburn Rd. New Cumberland, PA 17070 I Steven M. Ruffo,being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above noted individual(s) on 11/13/03 and have discovered the following I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following to be true and correct Samuel Dougherty- 213-96-6850 B. EMPLOYMENT SEARCH Samuel Dougherty - Our Office was unable to verify the employment information on the credit report. C. INQUIRY OF CREDITORS On 11/13/03 our inquiry with the creditors indicate that Samuel Dougherty reside(s) at 1786 Weatherburn Rd. New Cumberland, PA 17070 II. INQUIRY OF TELEPHONE COMPANY A.DIRECTORY ASSISTANCE SEARCH On 11/13/03 our inquiry with the Directory Assistance indicated that Samuel Dougherty reside(s) at 1786 Weatherburn Rd. New Cumberland, PA 17070 717-770-0228. Our Office made a telephone call to the mortgagors phone number and reached the voicemail. III. INQUIRY OF NEIGHBORS Using our Whitepages database we contacted N. Scharding 1782 Weatherburn Rd. on 11/13/03 and he/she verified that Samuel Dougherty reside at 1786 Weatherburn Rd. New Cumberland, PA 17070. IV. INQUIRY OF POSTOFFICE A. NATIONAL ADDRESS UPDATE Our inquiry with National Address database on 11/13/03 indicates the following is correct Samuel Dougherty - 1786 Weatherburn Rd. New Cumberland, PA 17070 B. ADDITIONAL ACTIVE MAILING ADDRESS Per our inquiry with creditors on 11/13/03 the following is an active mailing address: no addresses on file. V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per the Pennsylvania Department of motor vehicle Samuel Dougherty has a valid identification registered with the state. VI. OTHER INQUIRIES A. DEATH RECORDS As of 11/13/03 Vital records has no death records on file for Samuel Dougherty 'B. PUBLIC LISCENSES (PILOT, REAL ESTATE ETC.) Our office conducted a check on 11/I3/03 for public licenses/records and found the following: bankruptcy sheet C. COUNTY VOTER REGISTRATION The Cumberland Cnty voter registration would only indicate a registration for Samuel Dougherty D. 1NTERNET All accessible public databases have been checked and cross-referenced for the above named individual(s). E. TAX ASSESSMENT OFFICE On 11/13/03 our office conducted a search of the following tax records which showed the following; See Attached VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Samuel Dougherty - 9/10/68 B. A.K.A Samuel Homer Dougherty, III The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities I hereby veril~ that the statemants made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unsworn falsification to authorities. AFFIANT Steven Default Express Services, 1NC. President Sworn to and subscribed before me this 13 day of Nov 2003 NOTARIAL SEAL Jocelyn Ruffo Notary Public State of New Jersey My Comanision Expires Mar.21, 2007 National Property Assessor Record Owner DOUGHERTY,H SAMUEL III Name: Mail Addr.: 1786 WEATHERBURN DR NEW CUMBERLAND PA 17070-2219 Spouse: Phone: Parcel 13250008237 Number: Property 1786 WEATHERBURN DR Addr.: NEW CUMBERLAND PA 17070-2219 County: Cumberland (Code PA041) Municipal. CU Code: Carrier Route: C013 Units: 1 Rooms: Sq. Lot: 1120 Assessed Value: $87,640.00 Tax Amount: 31981 Sale Amount: $0.00 Transact. Type: R Loan Amount 1: $0.00 Iht, Rate Type: Lender: Legal Desc.: Year Built: Bedrooms: Lot Size: 871 Percent Improv.: 9315 Title Company Code: Sold Date: Last Transact. Date: Loan Amount 2:$0.00 Full or Part.: Homeowner Exempt: Eft. Year Built: Bathrooms: Zoning: Std. Use Code: RMSC Deed Type: Sold Doe: Transact. Doc: Loan Type: Mult. or Port.: HUNTERS RIDGE LOT 67 SEC I BLDG O PB 59 PG RESIDENTIAL WITH BUILDINGS VERIFICATION Francis S. Hallinan, Esquire, hereby states that he is the Attomey for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned tmderstands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Date: December 11, 2003 Respectfully subm/~jted, Federman and P~an, LLP Attom~ntiff Francis S. Hallinan, Esquire H:/Main Forms/motions/county.comp FEDEILMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE Pl~ntiff VS. H. SAMUEL DOUGHERTY, m Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS C1VIL DIVISION CUMBERLAND County No. 03-5458-CWIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above capfionedma~er. FEDE~~ AND P~¢LLP AV~NK FED~R~cA~, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Date: December 12, 2003 /lxh, Svc Dept. 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 (215) 563-7000 CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE Plaintiff VS. H. SAMUEL DOUGHERTY, m Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DIVISION CUMBERLAND County No. 03-5458-CWIL PRAECIPE TO REINSTATE CIVIL ACTIONfMORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. FEDEk~ AND PH~f L ~ FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Date: December 12, 2003 hxh, Svc Dept. FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Idemification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) '563-7000 C1TIMORTGAGE, INC. D/B/A CITICORP MORTGAGE Plaintiff VS. H. SAMUEL DOUGHERTY, III Defendant(s) Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-:5458-CWIL AFFIDAVIT OF SERVICE OF COMPLAINT BY MAll, PIIR,qlIANT TO COIIRT ORI~ER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, H. SAMUEL DOUGHERTY, III at 1786 WEATHERBURN DRIVE, NEW CUMBERLAND, PA 17070 on December 2~1~ 2003, in accordance with the Order of Court dated December 17, 2003. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: December 2q. ~003 ~_. FI~ANK FEDERMAN, ESQUIRE Attomey for Plaintiff 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 CITIMORTGAGE, INC. D/B/A CITICORP MORTGAGE 1000 TECHNOLOGY DRIVE, MS 314 O'FALLON, MO 63304 Plaintiff, H. SAMUEL DOUGHERTY, II/ Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5458-CIVIL 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 H. SAMUEL DOUGHERTY, III, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 10/15/03 to 2/9/04 TOTAL $83,484.60 $2,009.54 $85,494.14 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff DEC 1 6 2003 CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE VS. H. SAMUEL DOUGHERTY, III COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY TRUE COPY In Testimony whe~eo'i:, I h~re un~o set my hand ~)the ~eal of ~a~ Co~t~ Carlisle, Pa. H:~ain Fom/motionffcoun~,comp ' BY TII~]~OTT: J. AND NOW, this ,2003, upon consideration of Pla'mtiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiffmay obtain service of the Complaint, and all future pleadings, on the above captioned Defendant H. SAMUEL DOUGHERTY, by: 1. First class mail to H. SAMUEL DOUGHERTY, [II at the last known address, and the mortgaged premises located at 1786 WEATHERBURN DRIVE, NEW CUMBERLAND, PA 17070. 2.Certified mail to H. SAMUEL DOUGHERTY, 1II at the last known address and the mortgaged premises located at 1786 WEATHERBURN DRIVE, NEW CUMBERLAND, PA 17070. day of ~t~O.a'°lXl~l~e ~ NO. 03-5458-CIVIL ORDER FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification ND. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CITIMORTGAGE, INC. D/B/A CITICORP MORTGAGE Plaintiff VS. H. SAMUEL D~)UGHERTY Defendant(s) :.' '~ ~ ~ :. COURT OF COMMON PLEAS OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a tree and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, remm r~4~jpt requested, to the following persons, H. ,DOUGHERTY, III at WEATHERBURN DRIVE, NEW accordance with the , PA 17070 on ne~ ~3, 2003, in 2003. The tmdersigned understands that this statement is made subj, to authorities. Date: December 23, 2003 §4904 relating to unswom falsification Attorney for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (2V~) s6'~-7000 CITIMORTGAGE, INC., D/B/A CITICORP MORTGAGE Plaintiff VS. H. SAMUEL DOUGHERTY, III Defendants ATFORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DMSION CUMBERLAND COUNTY NO. 03-5458-CIVIL TO: H. SAMUEL DOUGHERTY, III 1786 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 DATE OF NOTICE: JANUARY 13, 2004 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FILE COPY FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P,R.C.P. 3180-3183 CITIMORTGAGE, INC. D/B/A CITICORP MORTGAGE Plaintiff, H. SAMUEL DOUGHERTY, Ill Defendant(s). : No. 03-5458-CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 2/10/04 to JUNE 9, 2004 (per diem -$14.05) TOTAL $85,494.14 $ 1,700.05 and Costs $87,194.19 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 lot or parcel of land situate in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, said point being the following eight courses and distances form Perimeter Coordinate 3 as shown on the As-Built Plan referenced herein: 1) by a curve to the right having a radius of 256.48 feet, an arc distance of 277.31 feet to a point at the intersection of Capitol View Drive and the eenterline of Weatherbum Drive; 2) along the centerline of Weatherbum Drive aforementioned, South 88 degrees 38 minutes 45 seconds East, a distance of 118 feet to a point; 3) North 32 degrees 56 minutes 18 seconds East, a distance of 78.55 feet; 4) North 57 degrees 03 minutes 42 seconds West, a distance of 50 feet to a point at the comer of Lot 72 (Building "O"); 5) North 32 degrees 56 minutes 18 seconds East, a distance of 48 feet; 6) North 57 degrees 03 minutes 42 seconds West, a distance of 2 feet; 7) North 32 degrees 56 minutes 18 seconds East, a distance of 66 feet; 8) North 57 degrees 03 minutes 42 seconds West, a distance of 4 feet to a point on the dividing line between Lots 67 and 68, said point being the point and place of beginning; thence along the said dividing line and passing through the centerline of a party wall dividing Units 67 and 68, North 57 degrees 03 minutes 42 seconds West, a distance of 32 feet to a point; thence North 32 degrees 56 minutes 18 seconds East, a distance of 5 feet to a point; thence South 57 degrees 03 minutes 42 seconds East, a distance of 8 feet to a point; thence North 32 degrees 56 minutes 18 seconds East, a distance of 21 feet to a point; thence South 57 degrees 03 minutes 42 seconds East, a distance of 24 feet to a point; thence South 32 degrees 56 minutes 18 seconds West, a distance of 26 feet to the point and place of Beginning. BEING LOt No. 67 as shown on Amended Final Plan of Hunter's Ridge, recorded in Plan Book 58, Page 62, and as more particularly described on As-Built Plan of Section 1, Hunter's Ridge, dated November 7, 1989 and recorded in Plan Book 59, Page 83. TOGETHER with the right to use any Lhnited Common Area appurtenant to the lot being conveyed herein pursuant to the Declaration, the Amended Final Plan for Hunter's Ridge, the As-Built Plan referenced herein, and the Declaration of Assignment of Limited Common Area for Hunter's Ridge, dated May 10, 1990 and recorded in Miscellaneous Book 380, Page 519. TITLE TO SAID PREMISES IS VESTED IN H. Samuel Dougherty, III, married man by Deed from Cynthia Ann White, formerly known as Cynthia Aaa Carey, a married woman dated 9/29/2000 and recorded 10/3/2000 in Deed Book 230, Page 240. Tax Parcel #13-25-0008-237 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-5458 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due C1TIMORTGAGE, INC. D/B/A CITICORP MORTGAGE, Plaintiff(s) From H. SAMUEL DOUGHERTY, IH (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 follo~vs: 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 fi.om 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 fotmd in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $85,494.14 L.L. $.50 Imerest FROM 2/10/04 TO 6/9/04 - (PER DIEM ~ $14.05) - $1,700.05 AND COSTS Atty's Comm % Due Prothy $1.00 Arty Paid $182.92 Other Costs Plaintiff Paid Date: FEBRUARY 10, 2004 (Seal) CURTIS R. LONG Prothon~ry ~.~ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 A~orney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 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 CITIMORTGAGE, INC. D/B/A CITICORP MORTGAGE 1000 TECHNOLOGY DRIVE, MS 314 Plaintiff, H. SAMUEL DOUGHERTY, HI Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. 03-5458-CIVIL 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 H. SAMUEL DOUGHERTY, III is over 18 years of age and resides at, 1786 WEATHERBURN DRIVE, NEW CUMBERLAND, PA 17070. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center FEB-06-2004 10:19:08 Military Status Report Soldiers' and Sailors' Civil Relief Act of 1940 Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. Kenneth C. Scheflen, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please send an e-mail to sscra.helpdesk~osd.pentagon.mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https://www.dmdc.osd.mil/udpdri/owa/sscra, prc_Select 2/6/2004 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 CITIMORTGAGE, INC. D/B/A CITICORP MORTGAGE Plaintiff, H. SAMUEL DOUGHERTY, III Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-545S-CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( X ) vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S, Section 4904 relating to unsworn falsification to authorities, FRANK FBDERMAN, ESQUIRB Attorney for Plaintiff CITIMORTGAGE, INC. D/B/A CITICORP MORTGAGE Plaintiff, V. H. SAMUEL DOUGHERTY, IH Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5458-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CITIMORTGAGE, INC. D/B/A CITICORP MORTGAGE, 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 ~1786 WEATHERBURN DRIVE, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) H. SAMUEL DOUGHERTY, III 1786 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 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 BELCO COMMUNITY CREDIT UNION Last Known Address (if address cannot be reasonably ascertained, please indicate) 403 NORTH 2~D STREET HARRISBURG, PA 17108 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Nalne 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. NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiffhas 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 1786 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 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 unswom falsification to authorities. February 6, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CITIMORTGAGE, INC. DfB/A CITICORP MORTGAGE Plaintiff, H. SAMUEL DOUGHERTY, III Defendant(s). TO: H. SAMUEL DOUGHERTY, III 1786 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 CUMBERLAND COUNTY No. 03-5458-CIVIL February 6, 2004 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN A GAINST PROPERTY. ** Your house (real estate) at, 1786 WEATHER.BURN DRIVE, NEW CUMBERLAND, PA 17070~ is scheduled to be sold at the Sheriff's Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $85,494.14 obtained by CITIMORTGAGE, INC. D/B/A CITICORP MORTGAGE (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. 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 Sheriffthe full mount 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 Sheriffwithin 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 lot or parcel of land situate in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, said point being the following eight courses and distances form Perimeter Coordinate 3 as shown on the As-Built Plan referenced herein: 1) by a curve to the right having a radius of 256.48 feet, an arc distance of 277.31 feet to a point at the intersection of Capitol View Drive and the centerline of Weatherburn Drive; 2) along the centerline of Weatherburn Drive aforementioned, South 88 degrees 38 minutes 45 seconds East, a distance of 118 feet to a point; 3) North 32 degrees 56 minutes 18 seconds East, a distance of 78.55 feet; 4) North 57 degrees 03 minutes 42 seconds West, a distance of 50 feet to a point at the corner of Lot 72 (Building "O"); 5) North 32 degrees 56 minutes 18 seconds East, a distance of 48 feet; 6) North 57 degrees 03 minutes 42 seconds West, a distance of 2 feet; 7) North 32 degrees 56 minutes 18 seconds East, a distance of 66 feet; 8) North 57 degrees 03 minutes 42 seconds West, a distance of 4 feet to a point on the dividing line between Lots 67 and 68, said point being the point and place of beginning; thence along the said dividing line and passing through the centerline of a party wall dividing Units 67 and 68, North 57 degrees 03 minutes 42 seconds West, a distance of 32 feet to a point; thence North 32 degrees 56 minutes 18 seconds East, a distance of 5 feet to a point; thence South 57 degrees 03 minutes 42 seconds East, a distance of 8 feet to a point; thence North 32 degrees 56 minutes 18 seconds East, a distance of 21 feet to a point; thence South 57 degrees 03 minutes 42 seconds East, a distance of 24 feet to a point; thence South 32 degrees 56 minutes 18 seconds West, a distance of 26 feet to the point and place of Beginning. BEING Lot No. 67 as shown on Amended Final Plan of Hunter's Ridge, recorded in Plan Book 58, Page 62, and as more particularly described on As-Built Plan of Section 1, Hunter's Ridge, dated November 7, 1989 and recorded in Plan Book 59, Page 83. TOGETHER with the right to use any Limited Common Area appurtenant to the lot being conveyea herein pursuant to the Declaration, the Amended Final Plan for Hunter's Ridge, the As-Built Plan referenced herein, and the Declaration of Assignment of Limited Common Area for Hunter's Ridge, dated May lO, 1990 and recorded in Miscellaneous Book 380, Page 519. TITLE TO SAID PREMISES IS VESTED IN H. Samuel Dougherty, III, married man by Deed from Cynthia Ann White, formerly known as Cynthia Ann Carey, a married woman dated 9/29/2000 and recorded 10/3/2000 in Deed Book 230, Page 240. Tax Parcel #13-25-0008-237 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. D/B/A CITICORP MORTGAGE VS. H. SAMUEL DOUGHERTY, III I ) CIVIL ACTION CIVIL DIVISION NO. 03-.5458-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for CITIMORTGAGE I,d.~_zNC. D/B/A CITICORP MORTGAGE hereby verify that on February 11~ 2004 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: April 7, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 01.200 FEDERMAN AND PHELAN BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEY FOR PLAINTIFF CITIMORTGAGE, INC. D/B/A CITICORP MORTGAGE VS. H. SAMUEL DOUGHERTY, III CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5458-CIVIL VER IFIC ATION I hereby certify that a true and correct copy of the Notice of Sherifl's Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to the following person(s) H. SAMUEL DOUGHERTY, II/ on Febnmry 11~ 2004 at 1786 WEATHERBURN DRIVE, NEW CUMBERLAND, PA 17070, in accordance with the Order of Court dated, December 17~ is made subject to the penal~f 18 PA. C.S. The undersigned understands that this statement s4904 relating to unswom falsificaton to authorities. FRANK FEDERMAN, ESQUIRE A] TORNEY FOR PLAINTIFF DATE: April 8, 2004 Fedcrman and Phelan, LLP By.' Lawrence T. Phclan, Esq., Id. No. 32227 Francis S. Hall[nan, Esq., Id. No. 62695 _ Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CITIMORTGAGE, INCi, D/B/A CITICORP MORTGAGE VS. H. SAMUEL DOUGHERTY, II/ ORDER COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-5458-CIVIL AND NOW, this I?'~h day of ~~_e~, 2003, upon consideration of Pla[nfifi's Motion for Service Pursuant to Special Ch'der of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiffmay obtain service of the Complaint, and all future plead[ngs, on the above captioned Defendaat H. SAMUEL DOIJGHERTY, by: 1. Fimt class mail to H. SAMUEL DOUGHERTY, ][[1[ at the last known address, and the mortgaged premises located at 1786 WEATHERBURN DRIVE, NEW cUMBERLAND, PA 17070. 2. Certified mail to H. SAMUEL DOUGHERTY, III at the last known address and the mortgaged premises located at 1786 WEATHERBURN DRIVE, NEW CUMBERLAND, PA 17070. BY TT/~2OU~RT: J. 716Q 3901 9844 2421 9921 'FO: H. sAMUEL DOUGHEKTY, III ' 1786 WEATHEF,BLrKN DRIVE NEW cUMBEKLAND, PA 17070 SENDER: TEAM 2/PiT REFERENCE: #703400654 DOUGHERTY orm 3800 June 2000 ~ .~-~u.. E~ REC~EIPT Cellff'led Fee SE~ICE R~rn R~ipt Receipt for Certified Mail No Insurance Coverage provided DO Not Use ~or International Mail 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 Fannie Mae is the grantee the same having been sold to said grantee on the 9th day of June A.D., 2004, under and by virtue of a writ Execution issued on the 10th day of Fey, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 5458, at the suit of Fannie Mae against H Samuel Dou~_,hertv III is duly recorded in Sheriff's Deed Book No. 263, Page 3886. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ , A.D2004 day of Recorder of Deeds Citimortgage, Inc. d/b/a Citicorp Mortgage VS H. Samuel Dougherty, III In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-5458 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: H. Samuel Dougherty, III, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, H. Samuel Dougherty, IH. Defendant's residence is vacant. The post office does not have a forwarding address for the defendant. Cpl. Michael Bardck, Deputy Sheriffi who being duly sworn according to law, states that on April 06, 2004 at 7:07 o'clock P.M., he posted a trne copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of ri. Samuel Dougherty, III located at 1786 Weatherburn Drive, New Cumberland, Pennsylvania, according to law. 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 June 9, 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 $1,128.17. Sheriffs Costs: Docketing $30.00 Poundage 22.12 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 23.46 Levy 15.00 Surcharge 20.00 Law Journal 446.75 Patriot News 405.58 Share of Bills 29.26 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 1,128.17 This 30 ~ day of ~. _  R. Thomas Kline, Sheriff 2oo4,^.~,. ~'~,~J¢, B¥ )~.J'~ l'rofhonotary Re~l Estffte Deputy CITIMORTGAGE, INC. D/B/A CITICORP MORTGAGE Plaintiff, H. SAMUEL DOUGHERTY, IH Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. 03-5458-CIV/L AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CITIMORTGAGE, INC. D/B/A CITICORP MORTGAGE, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQLrlRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~1786 VV'EATHERBUR2,1 DRIVE, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cmmot be reasonably ascertained, please indicate) H. SAMUEL DOUGHERTY, III 1786 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name BELCO COMMUNITY CREDIT UNION Last Known Ad&ess (if address cannot be reasonably ascertained, please indicate) 403 NORTH 2NI) STREET HARRISBURG, PA 17108 4. Name and address of last recorded holder of every mortgage of record: Name Nooe Last Known Address (if address cannot be reasonably ascertained, please indicate) 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: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 1786 WEATHERBURN DR/VE NEW CUMBERLAND, PA 17070 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 unswom falsification to authorities. February 6. 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CITI~IORTGAGE, INC. D/B/A CITICORP MORTGAGE Plaintiff, H. SAMUEL DOUGHERTY, HI Defendant(s). TO: H. SAMUEL DOUGHERTY, IH 1786 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 CUMBERLAND COUNTY No. 03-5458-CIVIL February 6, 2004 **THIS FIRM' IS A DEBT COLLECTOR ATTEMPTING TO COLLECT,4 DEBTAND ,4NY INFORM,4TION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED ,4 DISCHARGE IN B,4NKRUPTCYAND THIS DEBT W,4S NOTRE,4FFIRMED, THIS IS NOT,4ND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT ,4 DEB T, B UT ONLY ENFORCEMENT OF A LIEN A GA1NST PROPERTY. * * Your house (real estate) at, 1786 WEATHERBURN DRIVE, NEW CUMBERLAND, PA 17070~ is scheduled to be sold at the Sheriffs Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $85~494.14 obtained by CITIMORTGAGE, INC. D/B/A CITICORP MORTGAGE (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 judgmenl, 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 fights. 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 Sherifl~s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full mount 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 Sher/ff 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 Sheriffwithin 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 Sheriffwithin 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 lot or parcel of ~and situate in Lower Allen Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, said point being the following eight courses and distances form Perimeter Coordinate 3 as shown on the As-Built Plan referenced herein: 1) by a curve to the right having a radius of 256.48 feet, an arc distance of 277.31 feet to a point at the intersection of Capitol View Drive and the centerline of Weatherburn Drive; 2) along the centerline of Weatherburn Drive aforementioned, South 88 degrees 38 minutes 45 seconds East, a distance of 118 feet to a point; 3) North 32 degrees 56 minutes 18 seconds East, a distance of 78.55 feet; 4) NoRh 57 degrees 03 minutes 42 seconds West, a distance of 50 feet to a point at the comer of Lot 72 (Building "O"); 5) North 32 degrees 56 minutes 18 seconds East, a distance of 48 feet; 6) North 57 degrees 03 minutes 42 seconds West, a distance of 2 feet; 7) North 32 degrees 56 minutes 18 seconds East, a distance of 66 feet; 8) North 57 degrees 03 minutes 42 seconds West, a distance of 4 feet to a point on the dividing line between Lots 67 and 68, said point being the point and place of beginning; thence along the said dividing line and passing through-the centerline of aParty wall dividing Units 67 and 68, North 57 degrees 03 minutes 42 seconds West, a distance of 32 feet to a point; thence North 32 degrees 56 minutes 18 seconds East, a distance of 5 feet to a point; thence South 57 degrees 03 minutes 42 seconds East, a distance of 8 feet to a point; thence North 32 degrees 56 minutes 18 seconds East, a distance of 21 feet to a point; thence South 57 degrees 03 minutes 42 seconds East, a distance of 24 feet to a point; thence South 32 degrees 56 minutes 18 seconds West, a distance of 26 feet to the point and place of Beginning. BEING Lot No. 67 as shown on Amended Final Plan of Hunter's Ridge, recorded in Plan Book 58, Page 62, and as more particularly described on As-Built Plan of Section 1, Hunter's Ridge, dated November 7, 1989 and recorded in Plan Book 59, Page 83. TOGETHER with the right to use any Limited Common Area appurtenant to the lot being conveyeO herein pursuant to the Declaration, the Amended Final Plan for Hunter's Ridge, the As-Built Plan referenced herein, and the Declaration of Assignment of Limited Common Area for Hunter's Ridge, dated May 10, 1990 and recorded in Miscellaneous Book 380, Page 519. TITLE TO SAID PREMISES I~S VESTED IN H. Samuel Dougbert3,, III, married man by Deed from Cynthia Ann White, formerly known as Cynthia Ann Carey, a married woman dated 9/29/2000 and recorded 10/3/2000 in Deed Book 230, Page 240. Tax Parcel #13-25-0008~237 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-5458 Civil COUNTY OF CUMBERLAND) CIVIL ACq[ION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. D/B/A CITICORP MORTGAGE, Plaintiff (s) From ICI. SAMUEL DOUGltERTY, III (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 anyune 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. AmoumDue $85,494.14 L.L. $.50 Interest FROM 2/10/04 TO 6/9/04 - (PER DIEM - $14.05) - $1,700.05 AND COSTS Atty's Corem % Due Prothy $l.00 Atty Paid $182.92 Other Costs PlaintiffPaid Date: FEBRUARY 10, 2004 (Seal) CURTIS R. LONG Prothono~'y Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Real Estate Sale #2l On February 27, 2004 the sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 1786 Weatherburn Drive, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 27, 2004 By: ,4l~ c~7,~6 ~J~ Real EstateVlOeputy THE PATRIOT NEWS THE SUNDAY 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 27th day(s) of April and the 4th and 11th day(s) of May 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has persona/ 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 D, auphin in ~yfiscellaneous Book Volume 14, Page 317. . PUBLICATION COPY Sworn to and ~ubscribe~ before m~th, is 28th day 9Y~vla_y/El~4 A,D. S A L E #21 City of Harrisourg, uouphln ~unly ~ MyCommisslon Expires June 6, 2006 ............... Member, PennsyivanlaA~socla[iono~Nolarie~ Y commission expires June 6, 2006 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 $ 405.58 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Pa. triot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulhtion, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL E~TATE SALE NO. 21 Writ No. 2003-5458 Civil Ci~imortgage, Inc. d/b/a Cilicorp Mortgage VS. H. Samuel Dougherty, III Atty.: Frank Federman ALL THAT CERTAIN lot or parcel of land situate in lower Allen Town- ship. Cumberland County, Com- monwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, said point being the following eight courses and distances form perimeter Coordinate 3 as shown on the As-Built Plan ref- erenced herein: 1) by a curve to the right having a radius of 256.48 feet, an arc distance of 277.31 feet to a point at the intersection of Capitol View Drive and the centerline of Weatherburn Drive', 2) along the centerline of Weatherburn Drive aforementioned, South 88 degrees 38 minutes 45 seconds East, a dis- tance of 118 feet to a point; B) North 32 degrees 56 minutes 18 seconds East, a distance of 78.55 feet; 4) North 57 degrees 03 minutes 42 seconds West. a distance of 50 feet to a point at the comer of Lot 72 {Budding 'O'); 5) North 32 degrees 56 minutes 18 seconds East, a dis- tance of 48 feet; 6) North 57 de- grees 03 minutes 42 seconds West, a distance of 2 feet; 7) North 32 degrees 56 minutes 18 seconds East, a distance of 66 feet; 8) North 57 degrees 03 minutes 42 seconds West, a distance of 4 feet to a point on the dividing line between Lots 67 and 68, said point being the point and place of beginning; thence ~o~. th?Lai!~)vi?~_ ~ ~e ~dpass- SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 NO~Ii~. SEAL ff LOIS E. SNYBER, Notary Public Carlisle Bom, Cumberland County My Commission Expires March 5, 2005 a~ arc distance of 277.31 feet to a point at the intersection of Capitol View Drive and the centerline of Weatherburn Drive; 2} along the centerline of Weatherburn Drive aforementioned, South 88 degrees 38 minutes 45 seconds East, a dis- tance of 118 feet to a point: 3) North 32 degrees 56 minutes 18 seconds East, a distance of 78.55 feet; 4) North 57 degrees 03 minutes 42 seconds West, a distance of 50 feet to a point at the comer of Lot 72 {Building "O"); 5) North 32 degrees 56 minutes 18 seconds East, a dis- tance of 48 feet; 6) North 57 de- grees 03 minutes 42 seconds West. a distance of 2 feet; 7) North 32 degrees 56 minutes 18 seconds East, a distance of 66 feet; 5] North 57 degrees 03 mlnutss 42 seconds West, a distance of 4 feet to a point on the dividing line between Lots 67 and 68. said point being the point and place of beginning; thence along the said dividing ilne and pass- ing through the centerline of a party wall dividing Units 67 and 68, North 57 degrees 03 minutes 42 seconds West, a distance of 32 feet to a point: thence North 32 degrees 56 minutes 18 seconds East, a distance of 5 feet to a point; thence South 57 degrees 03 minutes 42 seconds East, a distance of 8 feet to a point: thence North 32 degrees 56 min- utes 18 seconds East, a distance of 21 feet to a point: thence South 57 degrees 03 minutes 42 seconds East, a distance of 24 feet to a point; thence South 32 degrees 56 minutes 18 seconds West. a dis- tance of 26 feet to the point and place of Beginning. BEING Lot No. 67 as shown on Amended Final Plan of Hunter's Ridge, recorded in Plan Book 58, Page 62, and as more particularly described on As-Built Plan of Sec- ticn 1, Hunter's Ridge, dated No- vember 7. 1989 and recorded in Plwa Book 59, Page 83. TOGETHER with the r/ght to use any Limited Common Area appurte- nant to the lot being conveyed herein pursuant to the Declaration, the Amended Final Plan for Hunter's Ridge, the As-Built Plan referenced herein, and the Declaration of As- signment of Limited Common Area for Hunter's Ridge. dated May 10, 1990 and recorded in Miscellaneous Book 380, Page 519. TITLE TO SAID PREMISES IS VESTED IN H. Samuel Dougherty, III. married man by Deed from Cynthia ~ Whlte, formerly known as Cynthia Ann Carey. a married woman dated 9/29/2000 and re- corded 10/3/2000 in Deed Book 230, Page 240. Tax Parcel #13-25-0008-237.