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HomeMy WebLinkAbout03-5960FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL1NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff KEVIN F. GILL 4 DARTMOUTH COURT MECHANICSBURG, PA 17055 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. - s cee;o th-- -q CUMBERLAND COUNTY JENNIFER S. OSTRANDER 4 DARTMOUTH COURT MECHANICSBURG, PA 17055 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 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 ABOUT HIRING A LAWYER. 1F 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#: 82715 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, 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 iBE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST V~ILL 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 OTItERWlSE) 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 #: 82715 Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial int,xest in the mortgage: AURORA LOAN SERVICES, INC. 601 5TH AVENUE SCOTTSBLUFF, NE 69361 The name(s) and last known address(es) of the Defendant(s) are: KEVIN F. GILL 4 DARTMOUTH COURT MECHANICSBURG, PA 17055 JENNIFER S. OSTRANDER 4 DARTMOUTH COURT MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 05/24/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NATIONAL CITY MORTGAGE COMPANY which mortgage is recorded in. the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1544, Page 627. PLAINTIFF is now the legal owner of the mortgage and is in the process of fO~Tnalizing 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 05/01/2003 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 #: 82715 The following amounts are due on the mortgage: Principal Balance Interest 04/01/2003 through 11/12/2003 (Per Diem $14.74) Attorney's Fees Cmnulative Late Charges I)5/24/1999 to 11/12/2003 Cost of Suit and Title Search Subtotal $75,810.73 3,331.24 1,250.00 127.36 $ 550.00 $ 81,069.33 Escrow Credit 0.00 Deficit 619.28 Subtotal $ 619.28 TOTAL $ 81,688.61 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 81,688.61, together with interest from 11/12/2003 at the rate of $14.74 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. FED~F:~MAN AND PHELAN, LLP// ~ By: "~4~ S. IZIa,l~-! FRA!'qK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 82715 PREMISES BEING: 4 DAI~TMODTH COD~I~T VERIFICATION Richard T. Martin hereby states that she is SENIOR VICE PRESIDENT of AURORA LOAN SERVICES mortgage servicing agent for Plainfiffin this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are txue and correct to the best of her 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. DATE: Richard T. Martin Sr. Vice President SHERIFF'S RETURN - REGULAR CASE NO: 2003-05960 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS GILL KEVIN F ET AL CPL. MICHAEL BARRICK , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE OSTRANDER JENNIFER S DEFENDANT , at 2019:00 HOURS, at 4 DARTMOUTH COURT MECHA-NICSBURG, PA 17055 JENNIFER S OSTRANDER a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 17th day of November , 2003 by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this / ~ day of Prothonot a~y So Answers: R. Thomas Kline 11/1S/200B ~ Deputy ~feriff SHERIFF'S CASE NO: 2003-05960 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS GILL KEVIN F ET AL RETURN - REGULAR CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according says, the within COMPLAINT - MORT FORE was served upon GILL KEVIN F DEFENDANT , at 2019:00 HOURS, at 4 DARTMOUTH COURT MECHANICSBURG, PA 17055 JENNIFER S OSTRANDER, a true and attested copy of COMPLAINT - MORT FORE the on the 17th day of November , __ by handing to ~_DULT IN CHARGE together with to law, 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 Sworn and Subscribed to before me this / ~ day of /~;%~,~ ~ -~ ~ A.D. Prothonotary So Answers R. Thomas Kline 11/18/2003 EDERMAN 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 MORTGAGE ELECTRONIC REGISTRATION : SYSTEMS, INC. : 8201 GREENSBORO DRIVE, SUITE 350 : MCLEAN, VA 22102 Plaintiff, KEV1N F. GILL JENNIFER S. OSTRANDER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2003-05960 CIVIL TERM 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 KEVIN F. GILL and JENNIFER S. OSTRANDER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale o f the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from l 1/12/03 to 1/13/04 TOTAL $81,688.61 $928.62 $82,617.23 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 INDICAT~xD. PRO PROTHY 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 (~.l s) 5a~-7ooo MORTGAGE ELECTRONIC SYSTEMS, INC. Plaintiff REGISTRATION Vs. KEVIN F. GILL JENNIFER S. OSTRANDER Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 03-5960 C.T. TO: KEVIN F. GILL 4 DARTMOUTH COURT MECHANICSBURG, PA 17055 DATE OF NOTICE: DECEMBER 9, 2003 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 CONSTKUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE 1N 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 COIYNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRAm EEDE , Esoun LAWRENCE T. PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL[NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 56%7000 MORTGAGE ELECTRONIC SYSTEMS, [NC. PIWmtiff REGISTRATION VS. KEVIN F. GILL JENNIFER S. OSTRANDER Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 03-5960 C.T. TO: JENNIFER S. OSTRANDER 4 DARTMOUTH COURT MECHANICSBURG, PA 17055 DATE OF NOTICE: DECEMBER 9, 2003 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 L/BERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 am .c.g FRANK FEDERMAN, ESQUIRE, LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2003-05960 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS GILL KEVIN F ET AL CPL. MICHAEL BARRICK Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon OSTRANDER JENNIFER S the DEFENDANT , at 2019:00 HOURS, on the 17th day of November , __ Sheriff or Deputy Sheriff of who being duly sworn according to law, by handing to MORT FORE together with at 4 DARTMOUTH COURT MECHANICSBURG, PA 17055 JENNIFER S OSTRANDER a true and attested copy of COMPLAINT - 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline 11/18/2003 - ~ Deputy ~feriff 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,/NC. 8201 GREENSBORO DRIVE, SUITE 350 Plaintiff, KEVIN F. GILL JENNIFER S. OSTRANDER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2003-05960 CIVIL TERM 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 infom~ation 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 KEVIN F. GILL is over 18 years of age and resides at, 4 DARTMOUTH COURT, MECHANICSBURG, PA 17055. (c) that defendant JENNIFER S. OSTRANDER is over 18 years of age, and resides at, 4 DARTMOUTH COURT, MECHANICSBURG, PA 17055. 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 LEGAL DESCRIPTION ALL TIIAT CERTAIN pi~e or parcel of P~ylv~ia. ~ ~ tb~ on a F~ Su~iv~ P~n f~ ~ Hil~, pr~ ~y M~ in P~n ~k 36, ~ 105, and ~re panoply ~ ~ ~ ~ f~lows: BEGINNING at a point on the Noahern right of way line of Darlmouth Corm, a publi~ street (50' wide), at the dividing line between Lots Nos. 142 and 141 as sho,a,al on the aforementioned subdivision plan; along said right of way li~ of Dalmloath Corn1, North 78 dcgrces 08 m|m;tes $:~ distano~ of 20.00 feet to a point at the dividing line between Lot Nos. 141 and 140; THENCt~ alollg ~ North Il degrees 51 minuics 05 second~ West, a di~r~:~ of (18.94 fe~t Io a point at lands now or formerly of Robert ~ ard Priscilla B. Gray: THENCE along same Sou~ 83 degrees I2 minutes 27 seconds West e distance of 20.08 feet to a point at th~ dividing line of Lot No. 1¢2; THENCE along t~¢ dividing line of Lm No. 142, South 1! degrees 51 minut~ 05 seconds East a distance of 120.71 feet lo a poim on tile Nor~etly right of wa), line of Dannouth Court, rite poLut and place of beginning. CONTAINING two thoesands three huodred ninety-six (2,396) square feel, mo~e or less, HAVINO thefeoli ~ a thfee-~ory towaho~s~ dw~llin~ known and numbered ~ Dartmo~tth Court, i}EING Lot No. 141 on the aforesaid Final Subdivision Pla~ for Arlington Hills. TITLE TO SAID PR~MISLL5 L~ VESTF, D IN ~ F. ~, ~e aM J~nifer S. ~, sidle, jolt Mnan~ ~ ri~t of ~ivor~ip ~ D~ ~m A~w I. D~, ~r. af~ ~ef~ J. D~o, ~ w~e da~ 5~/1~ ~ ~ 5/2~J9~ in Re~ ~k 2~ Page 1~. PROPERTY ADDRESS: 4 DARTMOUTH COURT, MECHANICSBURG, PA 17055 TAX PARCEL: #42-27-1890-102 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 Plaintiff, KEVIN F. GILL JENNIFER S. OSTRANDER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2003-05960 CIVIL TERM Notice is,given that a Judgment in the above-captioned matter has been entered against you on 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. 1F 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, KEVIN F. GILL JENNIFER S. OSTRANDER Defendant(s). No. 2003-05960 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 1/13/04 to JUNE 9, 2004 (per diem -$13.58) TOTAL $82,617.23 $2,009.84 and Costs $84,627.07 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. LEOAL DESCRIPTION ALL TItAT CERTAIN piece or parcel of land ~tl¥~e ia Upper AI~ lbwm~, ~m~r~ Co~F, P~aylv~ia, ~ ~ ~ on a Fi~ Su~iv~n gbn for ~ Hil~, pr~r~ by M~ in Phn ~k 36, ~ie 105, and ~re pa~ly ~J~ ~ ~ ~ follows: BEGINNING at a point on the Nonhero right of way llne of Da_mnoulh Court, a ~bli¢ street wide), at thc dividin$ line between Lots Nos. 14:2 ~ 141 as shown on ~ aforementioned subdivision plan; THENCE along said right of way line of Dartmouth Court, North 78 degrees 08 minutes l/azt a dlstanoe of 20.00 feet m a point at the div~ling line between Lot Nos. 141 and 140: 'I~dENCB along ~ North 11 degrc~ §! minute,~ 05 ~ West, a 4iaranc~ of (18,94 fe~t to a point at lands now or formerly of Robert E, and Pri~illa B. Gray: THENCE aloag sane Soutlt 83 degrees t2 minu~ 27 sceo~s West a distance of 20.08 feet t~ a point at ti~ dividing line of Lot No. 142; TiIENCE along thc dividiv4t fine of Lot No. 142, Sou~ 11 d~,~es Si minut~ 05 seconds Fast a distance of 120.71 fe~t Io a point on Me Northerly right of way line of Darmouth Court, the point and place of beginning. CONTAINING two thousands three huudred ninety-six (2,:t961 square feel, um~e or less. HAVINO t~ Ca"eOt. ed a tllgc'c-sto~ to~ dw~lli~4 known and mtmbcr~ as Darunouth BEING Lot No. 141 on the aforesaid Final Subdivision Plan for Atlin&ton Hills. TITLE TO SAID PRI~MtSF..$1$ VF.$TED IN Kevin 1:, GUJ, S'mgle ami Jennifer $. O~rander, siagle, joint tenants with right of ~rvivorship Dy D.-ed from Audrew I. ~n~o, Sr, and There.~a J. Dicona-tanzo, his wife dated 511411999 ~ recorded 512611999 itt Record llonk 200 Page 144. PROPERTY ADDRESS: 4 DARTMOUTH COURT, MECHANICSBURG, PA 17055 TAX PARCEL: #42-27-1890-102 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-5960 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGIST1La, TION SYSTEMS, INC., Plaintiff (s) From KEVIN F. GILL AND JENNIFER S. OSTRANDER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $82,617.23 L.L. $.50 Interest FROM 1/13/04 TO 6/9/04 (PER DIEM - $13.58) - $2,009.84 AND COSTS Atty's Comm% Due Prothy $1.00 AttyPaid $133.59 Other Costs Plaintiff Paid Date: JANUARY 15, 2004 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE CURTIS R. LONG Prothonot~ Deputy 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 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, KEVIN F. GILL JENNIFER S. OSTRANDER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 2003-05960 CIVIL TERM 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: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant ( ) 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, KEVIN F. GILL JENNIFER S. OSTRANDER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2003-05960 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecip¢ for the Writ of Execution was filed the following information concerning the real property located at ,4 DARTMOUTH COURT, MECHAN1CSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KEVIN F. GILL 4 DARTMOUTH COURT MECHANICSBURG, PA 17055 JENNIFER S. OSTRANDER 4 DARTMOUTH COURT MECHANICSBURG, PA 17055 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 ]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) None 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) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 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. Nalne 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: Nallle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 4 DARTMOUTH COURT MECHANICSBURG, PA 17055 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. January 13, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, KEVIN F. GILL JENNIFER S. OSTRANDER Defendant(s). TO: KEVIN F. GILL 4 DARTMOUTH COURT MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 2003-05960 CIVIL TERM January 13, 2004 JENNIFER S. OSTRANDER 4 DARTMOUTH COURT MECHANICSBURG, PA 17055 **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 A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, B UT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY~ ** Your house (real estate) at, 4 DARTMOUTH COURT, MECHANICSBURG, PA 17055, 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 $82,617.23 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (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 Sheriffs 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 amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the mount 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 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 (masons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is flied. 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 LEGAL DESCRIPTION ALL TIiAT CERTAIN pi~ or puu:el of tatid situate in UPt~r Allen Township. Cumber'land County, P~'.n~ylvania, ~ ~ t'~rdm on a Pinnl Subdivision Plan for Ailin~ton Hills, preimatcd by Mi~mber Associa~.es, [nc. ~nd reco~oci in Ih~ Rccorck:r of ~ Offi¢: of C. mb~tla~ ¢o,,mly, Pennsylvania, in Plan Book 36, Page 105, and more par~k:ularly bounded a~ de~.~ribed as follows: BEGINNING at a point on the Northern right of way li~e of Dartmouth Cml, a public street (50' wide), at five dividing line between 1.fas Nos. 142 and 141 as shown on Ibe aforementioned subdivision plan; THENCE along said right of way line of Dagtmo~th Court, North 78 degrees 08 minutes 55 seconds ~ast a distance of 20.00 fee~ to a point at th~ dividing line between Lot Nos. 141 and 140: THENCE along same, No~ ti degrees 51 ~ 05 seconds West, a disiarge of (18.94 fe~t lo a point a~ lands now or formerly of Robert E, al~ Prigilla R Gray; THENCE alo~g same South 83 degrees i2 minutel 27 seconds We~t a distance of 20~08 feet to a point at the dividing llne of Lo{ No. 14,2; TilENCti along th~ dividi~ line of Lot No. 142. South tl dcgr~s 51 minut~ 05 seconds East a distance of 12071 fi:et Io a poinl on ~¢ Nortll~rly right of way line of Darmouth Court, th~ point and plac~ of b~gin~ing CONTAINING two thoosands three hutidred ninety-six (2,396) ~uare feet, mo~ or tess. HAVING thereon elz'cted a thtee-st0ry tow~ dwelling k'nown and oumb~rcd a.~ Datttncnt~ Court. BEING Lot No. t41 GO the aforesaid Final ,Subdivision Plan for Arlington Hills. TITLE TO SAID PREMISES 15 VFgTED IN l~vin F, Gill, $iagl~ anti Sermifcr S. single, joint t~nant.s with right of sarvivor~ip by De~ from Andrew J. D/comanzo, Theresa J. Dicomstanzo, his wife dated 5124t1999 ~d recorded 5/26/1999 in Rerord Book 200 Page PROPERTY ADDRESS: 4 DARTMOUTH COURT, MECHANICSBURG, PA 17055 TAX PARCEL: #42-27-1890-102 PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. KEVIN F. GILL JENNIFER S. OSTRANDER SERVE JENNIFER S. OSTRANDER AT 4 DARTMOUTH COURT MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 2003-05960 CIVIL TERM ACCT. g0109619353, Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 9, 2004 PJT Served and made known to ,200~/at /~;0~-,o'c,ock?n%at ¢ ~T~x'~'~'a~L~ , Co~onweal~ of Pe~ylva~a, ~ the ~er described below: ~ Defendant se~ed. pemo~lly ~ Adult fa~ly member ~th whom Defendant(s) reside(s). Relado~p is ~ Adult ~ ch~ge of Defen~nt(s)'s residence who reused to give name or reladomhip. ~ Manger/Clerk of place of lodg~g in which Defender(s) reside(s). Agent or person in ch~ge of Defend~t(s)'s office or ~1 place ofb~ess. SERVED ~'~'~ ~° C~¥~'~a.~De~efendant, onihe ~'~0~' dayof an officer of said Defendant(s)'s company. Other: Description: Age _"~0 Height ,5 ~:~ Weight /~0 Race [0Ia Sex ~'~ Other I, C~v~ Wtt <. ~, ~,a co~ctent adult, being duly sworn accord~g to law, depose =d state ~t pcmomlly ~ded a ~c ~d co=oct copy of ~e Notice of Sheriff's Sale ~ the ~er ~ set fo~ heroN, issued captioned case on the ~te ~d at ~e ad&ess ~dicated above. -- Sworn to and subscribed I . [~1~ H. C~ ~ before me tNs ~O ~ay ~~T~h'~ ;mn~. of 00 - ,. . PLEASE ATTEMPTED. NOT SERVED On the . day of ,200__, at o'clock __.n% Defendant NOT FOUND because: __ Moved __ Unknown__ No Answer 1st Attempt: / / Time: : Vacant nd 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 PLAIN~. IFF DEFENDANT(S) AFFIDAVIT OF SERVICE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. KEV1N F. GILL JENNIFER S. OSTRANDER SERVE KEVIN F. GILL AT 4 DARTMOUTH COURT MECHANICSBURG, PA 17055 CUMBERLAND COUNTY PJT No. 2003-05960 CIVIL TERM ACCT.#0109619353 Type of Action - Notice of Sheriff's Sale Sale Date: JLrNE 9, 2004 SERVED of Pennsylvania, in the manner described below: day of '~w,.'-,,~ . 200~ , Commonwealth ~_Defendant personally served. ~ Adult family member withwhomDefendant(s)reside(s). Relationship is ~'L~: ~ld ~ . in charge of Defendant(s)'s residence who refused to give name or 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 bnsiness. an officer of said Defendant(s)'s company. __ Other: Description: Age.~ Height ~:~,t Weight /~0 Race~O~ Sex_~ Other }' ~Ce [a~n:~ot°~c~ co[oLp~ ofeth~'e N~ ~fi c e~-~;;~e~,t: ~ta ~ed~nl t'2: ~ ~d Uelry:3;~f:r~°~ edge ~ ~ sl:u~ ~mePt~7:;dtiSonm~ 2:eloP: :~;nda~lt ey ha~a~da~d the address indicated above. I I~T~,~ah[ I ..... I LUClLLE H CARTY, Notary Public I :,worn to ano suoscri~ea I I anne,~ 1:'~ Franflla before me this ~'o ~day ~, I ~.,'7~'=--,,.~. u,, ~g'~4 I of~,z~v-4 ,200~ -- / /// ~ / / /) Notary'~~ . BY~~s/ _ PLEASE ATTEMPT SERVICE AT LE & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200__, at __ o'clock __.m., Defendant NOT FOUND because: __ Moved __ Unknown__ No Answer __ Vacant 1st Attempt: / / Time: : 2~a Attempt:_. / / Time: : 3rd Attempt: / / Time: : Sworn mandsubscdbed befo~methis__day of ,200_. No~ry: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. KEVIN F. GILL JENNIFER S. OSTRANDER ) CIVIL ACTION ) ) CIVIL DWISION ) NO. 2003-05960 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS~ INC. hereby verify that on January 15~ 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: May 3, 2004 FRANK FEDERMAN, ESQUIRE Attomey for Pkfintiff FROM ztpC, ODE l ~ ~3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND jt SS: I, Robert P. Zieeler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Aurora Loan Serv [nc is the grantee the same having been sold to said grantee on the 9th day of June A.D., 2004, under and by virtue ora writ Execution issued on the 15th day of Jan, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 5960, at the suit of Mortgage Elec Ree Systems [nc against Kevin F Gill & Jennifer S Ostrander is duly recorded in Sheriff's Deed Book No. 263, Page 3538. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this o~ ~ day of , A.D2004 ~corder of Deeds Mortgage Electronic Registration Systems, Inc. VS Kevin F. Gill and Jennifer S. Ostrander In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-5960 Civil Term Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on March 04, 2004 at 6:51 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 defendants, to wit: Kevin F. Gill and Jennifer S. Ostrander, by making known unto Jennifer Ostrander, personally and adult in charge for Kevin F. Gill, at 4 Dartmouth Court, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2004 at 4:26 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property ofKevin F. Gill and Jennifer S. Ostrander located at 4 Dartmouth Court, Mechanicsburg, 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 Sheriffmailed a notice of the pendency of the action to the within named defendants, to w/t: Kevin F. Gill and Jennifer S. Ostrander, by regular mail to their last known address of 4 Dartmouth Court, Mechanicsburg, PA 17055. These letters were mailed under the date of April 06, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that 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 Aurora Loan Services, Inc. It being the highest bid and best price received for the same, Aurora Loan Services, Inc. of 601 5th Avenue, Scottsbluff, NE 69361, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $959.94. Sheriffs Costs: Docketing $30.00 Poundage 18.82 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30,00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 13.80 Levy 15.00 Surcharge 30.00 Law Journal 358.40 Patriot News 328.66 Share of Bills 29.26 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 959.94 Sworn and subscribed to before me So Answers: This ~__~_~d~y of f~-~ ~ R. Thomas Kline, Sheriff 2004, A.D. P~-otfionotary BY QflC 6J-~~ Real Estate IJeputy MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. KEVIN F. GILL JENNIFER S. OSTRANDER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 2003-05960 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date thc Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,4 DARTMOUTH COURT, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KEVIN F. GILL 4 DARTMOUTH COURT MECHANICSBURG, PA 17055 JENNIFER S. OSTRANDER 4 DARTMOUTH COURT MECHANICSBURG, PA 17055 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: Nalne None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder o~ every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Nolle 5. Name and address of every other person who has any record lien on the property: Sallie Last Known Address (if address cannot be reasonably ascertained, please indicate) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 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 4 DARTMOUTH COURT MECHANICSBURG, PA 17055 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 mad 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. January 13, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. KEVIN F. GILL JENNIFER S. OSTRANDER Defendant(s). TO: KEVIN Fo GILL 4 DARTMOUTH COURT MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 2003-05960 CML TERM January 13, 2004 JENNIFER S. OSTRANDER 4 DARTMOUTH COURT MECHANICSBURG, PA 17055 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANYINFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY 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, 4 DARTMOUTH COURT, MECHANICSBURG, PA 17055, 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 $82,617.23 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (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. I. If the Sheriffs 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 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 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 Sher/ffwithin 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 (7! 7) 249-.3 ! 66 (800) 990-9108 LEGAL DESCRIPTION ALL TIIAT CERTAIN piece or paz~ of land ~ituate in UI~r Allen Towr~hip, Cumberlal~ Comity, Peongylv~lia~ ~s ~ tb~ on a W~ Su~v~a P~n f~ A~ Hills, pr~ by Ma~m~ A~I~, Inc. ~ ~ in ~ R~r of ~ Offi~v of Cumb~ ~, P~n~lvan~, in P~n ~k 36, ~ge 10~, a~ ~re panoply ~ ~ ~ ~ f~lows: BEGINNING aL a point on the Northern right of way llne of Dartmoulh Court, a public street (50' wick:), at the dividing line be~veen Lots No~. 142 and 141 as shown on tl~ aforcmention0d sulMivision plan: TllENCE along said right of way line of Dagtmo~lh Corm, North 78 degr~s 0~ minutes $S svconds I~.t a dizutace of 20.00 feet to a point at the dividing line betv~en Lot Nos. 141 mad ldO; THISNCP. along ~atne, North 11 dcgrce, s 51 mi~l¢~ 05 ~ We~t, a di~rz~ of (18,94 fl:ct to a point at lands now or formerly of Robert E. aM PrJ~illa B, Gray; 'rHENCE along same South 83 d~g~ees I2 minutes 27 seconds West a distance of 20.0~ feet to a point at the dividing line of lot No. 14.2; TIIF..NCE along thc dividing line of Ln¢ No. 142, Sou~ 11 degrees 51 minut~ 05 seconds East a dintance of ~20.71 fe~t to a point on tlc Nortlvaly right of way line of Darmouth Court, ~1~ point and piac~ of b~nning. CONTAINING two thoasands three hundred ninety.six (2,396) square fe~, more or le~s. HAVING there0~l ~ a linrc~-$t0ty tow~ dw~llin$ knOw~ and numbered aa Damnonth Court, BE1NO Lot No. 141 on the aforesaid Final Subdivision Plan for Arlington Hills. TITLI~ 70 SAID PREMISF. S IS Vg.~TED IN Kevin F, Gill, Single and Jennifer $. ~, single, joint tenants with right of aurvivorzhip by Deed from Andrew L l)icontanzo, St, and There, aa J. Dk~astaazo, h/s ~ dated 5/9_.411999 a~[ reon~ded 5126/1999 in Record Book 100 Pa~ 144, PROPERTY ADDRESS: 4 DARTMOUTH COURT, MECHANICSBURG, PA 17055 TAX PARCEL: #42-27-1890-102 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-5960 Civil COUNTY OF CUMBERLAND) CIVIL ACTION LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff(s) From KEVIN F. GILL AND JENNIFER S. OSTRANDER (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: (all 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. AmountDue $82,617.23 L.L. $.50 Interest FROM 1/13/04 TO 6/9/04 (PER DIEM - $13.58) - $2,009.84 AND COSTS Atty's Comm% Due Prothy $1.00 Arty Paid $133.59 Other Costs Plaintiff Paid Date: JANUARY 15, 2004 (Seal) CURTIS R. LONG Protho~y '-..~By: 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 Deputy Real Estate Sale #39 On March 02, 2004 the sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 4 Dartmouth Court, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 02, 2004 Real Estafe Deputy 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 Js 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 severa)ly 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 Cou~y ?f Daup~r~ in__Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ......................................................................................... COPY Sworn to and subscribed J~efore ~ 28,h OayxO~ Max~04 A.D. ! CilyofHorrlsburg. D~uphir~,,.t:~m~ I I~ Ne. ~ I My Commission Expires June 0. 2006 1 ~'~J ~embe{,per~nmylvanlaA~o¢ialienolN~l¥1ee~rnissJ0n 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 $ 328.66 Publisher's Receipt for Advertising Cost Co., publisher of The Patriot-News and The Sunday Patriot-News. newspapers of general )dge receipt of the aforesaid notice and pubiication costs and certifies that the same have g. md ~scilla B, ~ a[e~g s~e Soa~ ~N ' '" ~ a dismce of 20 ~NCE along ~e dtvtdl~g ~. 05 seconds 142, Soo~ 1 de ~ees 51 mnom~ ~er[~ riehl-of-wa5 fine HAV~G Be~on * D~mo ' ~ores~d T~ ~ ' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L 1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL EISTATR 8ALE NO. 39 Writ No. 2003-5960 Civil Mortgage Electronic Registration Systems, Inc. Kevln F. Gill and Jennifer S. Ostrander Atty.: Frank Federman LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennylvania. as set forth on a Final Subdivision Plan for Arlington Hills, prepared by Macomber Associates, Inc. and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Plan Book 36, Page 105, and more particularly bounded and described as follows: BEGINNING at a point on the Northern fight of way line of Dart- mouth Court, a public street (50' wide), at the dividing line between Lots Nos. 142 and 141 as shown on the aforementioned subdivision plan; THENCE along said right of way line of Dartmouth Court. North 78 degrees 08 minutes 55 seconds East a distance of 20.00 feet to a point at the dividing line between Lot Nos. 141 and 140; THENCE along same, North 11 degrees 51 minutes 05 seconds West, a distance of (18.94 feet to a point at lands now or formerly of Robert E. and Priscilla B, Gray; THENCE along same South 83 degrees 12 minutes 27 seconds West a distance of 20.08 feet to a point at the dividing line of Lot No. 142; THENCE along the dividing line of Lot No. 142, South 11 degrees 51 minutes 05 seconds East a dis- tance nf 120.71 feet to a oolnt on SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 LOIS E. SNYDER, Notary Public Carlisle Bom, Cumberland County My Commission Expires March 5, 2005 Kevin ~.-~ill and Jennifer S. Ostrander Atty.: Frank Federrnan LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township. Cumberland County. permylvania, as set forth on a Final Subdivision Plan for Arlington Hills. prepared by Macomber Associates. Inc. and recorded in the Recorder of Deeds Office of Cumberland County, Permsylvania, in Plan Book 36, Page 105, and more particularly bounded and described aa follows: BEGINNING at a point on the Northern right of way line of Dart- mouth Court, a public street (50' wide), at the dividing line between Lots Nos. 142 and 141 as shown cn the aforementioned subdivision plan; THENCE along said right of way line of Dartmouth Court, North 78 degrees 08 minutes 55 seconds East a distance of 20.00 feet to a point at the dividing line between Lot Nos. 141 and 140; THENCE along same. North 11 degrees 51 minutes 05 seconds West. a distance of (18.94 feet to a point at lands now or formerly of Rober[ E. and Priscilla B, Gray; THENCE along same South 83 degrees 12 minutes 27 seconds West a distance of 20.08 feet to a point at the dividing line of Lot No, 142; THENCE along the dividing line of Lot No. 142, South 11 degrees 51 minutes 05 seconds East a dis- tance of 120.71 feet to a point on the Northerly right of way line of Dm-mouth Court, the point and place of beginning. CONTAINING two thousands three hundred ninety-six (2,396) square feet, more or less. HAVING thereon erected a three- story townhouae dwelling known and numbered as Dartmouth Court. BEING Lot No. 141 on the afore- said Final Subdivision Plan for Ar- lington Hills. TITLE TO SAID PREMISES IS VESTED IN Kevin F. Gill. Single and Jennifer S. Ostrander, single, joint tenants with right of survivorship by Deed from Andrew J. Dicontan- zo, Sr. and Zheresa d. Diconstanzo, his wife dated 5/24/1999 and corded 5/26/1999 in Record Book 200 Page 144. PROPERTY ADDKESS: 4 Dari- mouth Court, Mechanicsburg, PA 17055. T~X PARCEL: #42-27-1890-102.