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HomeMy WebLinkAbout07-7220IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW INDYMAC BANK, F.S.B. PLAINTIFF CIVIL Division Case Number: 0I ii ---T;CV4 VS CORY A. DICK DEFENDANT CERTIFICATE OF LOCATION 304 CHESTNUT CIRCLE SHIPPENSBURG, PA 17257 Southampton Township TAX ID#: 39-35-2383-014 Type of Pleading Complaint in Mortgage Foreclosure Code and Classification: Filed on Behalf Of: Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A F ' iew Drive Monaca'., 15061 (724)728 233 By: DANIEL J. MANCINI, ESQ. PA I.D. No. 39353 0\0?1/ ul? Daniel Mancini & Associates Daniel J. Mancini. Esq.. PA Bar ID: 39353 201 A Fairview Drive Monaca. PA 15061 (724)728-4233 mancinilawfirm a comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF CASE NO VS CORY A. DICK MORTGAGE FORECLOSURE DEFENDANT CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Services, 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Daniel Mancini & Associates Daniel J. Mancini. Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca. PA 15061 (724)728-4233 mancinilawfirm c comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF CASE NO VS CORY A. DICK DEFENDANT MORTGAGE FORECLOSURE 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 UNTI 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 TIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CON L AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN HfS SUIT. Daniel J. Mancini, Esq Daniel Mancini & Associates Daniel J. Mancini. Esq.. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfinn c comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF CASE NO G /. 7-7-70 VS CORY A. DICK MORTGAGE FORECLOSURE DEFENDANT COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is: INDYMAC BANK, F.S.B., whose address is c/o Mancini & Associates, 201 A Fairview Drive, Monaca, PA 15061. 2. Defendant is CORY A. DICK, whose last known address is 304 CHESTNUT CIRCLE, SHIPPENSBURG, PA 17257. CORY A. DICK is the mortgagor and the recorded owner of the mortgaged property hereinafter described. 3. On or about, DECEMBER 27, 2005, CORY A. DICK borrowed 4182,240.00 and in the enforcement of said debt executed and delivered a mortgage upon the premises hereinafter described to the lender MERS, INC., AS NOMINEE FOR FIDELITY AND TRUST MORTGAGE INC. this mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Record Book 1936, Page 1922. This mortgage is incorporated herein by reference in accordance with Pa. R.C.P. 1019 (g).Your plaintiff, INDYMAC BANK, F.S.B. is now the current owner of said mortgage, and the assignment evidencing this ownership will be sent for recording at a later date. 4. The land subject to the Mortgage is 304 CHESTNUT CIRCLE, SHIPPENSBURG, PA 17257, and is more particularly described in Exhibit "A", which is attached hereof and part of this Complaint. 5. The Mortgage is in default because monthly payments of principal and interest upon said mortgage due August 1, 2007, and each month thereafter are due and unpaid, and by the terms of said Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. Unpaid Principal Balance $ 190,877.42 Delinquent Balance, including Interest at $42.49 per diem $ 5,764.46 From 07/01/07 to 11/28/07 (based on contract rate of 8.125%) Rec. Corp. Adv. $ 000.00 Escrow Advance $ 826.92 Accrued Late Charges $ 743.62 Bad CK Fees $ 20.00 Attorney's Fee $ 9,543.87 Total $ 207,776.29 ** Together with interest at the per diem rate noted above after August 1, 2007 and other charges and costs to date of Sheriff's Sale. 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 Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable, or that are actually incurred by Plaintiff. 6. No judgment has been entered upon said Mortgage in any jurisdiction. 7. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 or 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant on MARCH 12, 2007, via certified and regular mail, in accordance with the requirements of those acts. 8. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 9. The Defendant has either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure `IN REM' for the aforementioned total amount due together with interest at t %,ra'e, o2- 125% ($42.49 per diem), together with other charges and costs i ing ecrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and 1 of the property within described. Daniel J. Mancini, Esq. Attorney Bar: PA 39353 ALTA LOAN POLICY Fite No. PA200&213 EXHIBIT A LEGAL DESCRIPTION Policy No. M-8WO-1 a 66873 All that certain lot or piece of ground altuate In Southampton Township. County of Cumberland. Commonwealth or Pennsylvania, bounded and described as follows: BEGINNING at a point on the western edge of Chestnut Circle at aommon Conner of Lot 31, Phase OV and Lot 32 Phase Xr as shown on subdivision pan for G & C Associates. Iml P I June 12, 1962, and recorded In Cumberland Count, Plan Book 80, Pape 125; thence along Lot 31 Phase 'O' North 50 degrees 1 minute 16 seconds West 181.48 feet to a point; thence along Lot 22 Phase 'Cr North 58 degrees 36 minutes 28 seconds East 20.72 feet to a point; thence along Lot 23 Phase 00" North 54 degrees 08 minutes 07 seconds East 110.00 feg to a point on the western edge of Chestnut Circle; thence along the westem edge of Chestnut Circle by a curve to the right having a radius of 125.00 feet a chord bearing of South 17 degrees 12 minutes 07 seconds East, an arc distance of 81.43 feet to a point; thence continuing along the westem edge of Chestnut CW9 South 01 degree 27 minutes 40 seconds West 83.09 feet to a point; thence continuing along the western edge of the Chestnut Circle by a curve to the right having a radius of 35.00 feet, a chord bearing of South 24 degrees 00 minutes 36 seconds Worst, an arc distance of 27.55 feet to a point, the point and place of BEGINNING. CONSISTING of 0.3068 acres, more or less. BEING all of Lot 32 Phan W on Subdivision Plan for G & C Associates dated June 12. 1992, and recorded in Cumberland County Plan Book 68, Page 125. STEWART TITLE GUARANTY COMPANY Daniel Mancini & Associates Daniel J. Mancini. Esq.. PA Bar ID: 39353 201 A Fairview Drive Monaca. PA 15061 (724)728-4233 mancinilawfirmCcomcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF CASE NO VS CORY A. DICK DEFENDANT MORTGAGE FORECLOSURE VERIFICATION Daniel J. Mancini, Esq., hereby states that he is the attorney 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 undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Further, counsel submits that Plaintiff is outside the court's jurisdiction and verification cannot be obtained with the time allowed for filing the pleading. It is counsel's intention to substitute a verification from Plaintiff. Dated this 28th Day of November 2007 Daniel J. Mancini, Esq. Attorney Bar: Pa 39353 V v C) ..., t f.. r..": i..7 C7 Z? `w7 SHERIFF'S RETURN - REGULAR CASE NO: 2007-07220 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND INDYMAC BANK F.S.B. VS DICK CORY A MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE DICK CORY A the was served upon DEFENDANT at 2005:00 HOURS, on the 5th day of December-, 2007 at 304 CHESTNUT CIRCLE SHIPPENSBURG, PA 17257 CORY DICK by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 19.20 Affidavit .00 Surcharge 10.00 .00 47.20 ??- 41 Sworn and Subscibed to before me this day So Answers: , R. Thomas Kline 12/06/2007 DANIEL MANCINI By: eputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW INDYMAC BANK, F.S.B. CIVIL Division PLAINTIFF Case Number: 07-7220- CIVIL TERM VS CORY A. DICK DEFENDANT Type of Pleading Mortgage Foreclosure Praecipe for Default Judgment Code and Classification: CERTIFICATE OF LOCATION 304 CHESTNUT CIRCLE SHIPPENSBURG, PA 17257 Southampton Township TAX ID#: 39-35-2383-014 Filed on Behalf Of: Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview Monaca, PA (724) 728- 33 By: DANIEL J. MANCINI, ESQ. PA I.D. No. 39353 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF CASE NO 07-7220 CIVIL TERM VS MORTGAGE FORECLOSURE CORY A. DICK DEFENDANT PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff, INDYMAC BANK F.S.B., c/o Daniel J. Mancini, Esquire, 161 Linko Avenue, Aliquippa, PA 15001, and against Defendant CORY A. DICK, whose last known address is 304 CHESTNUT CIRCLE, SHIPPENSBURG, PA 17257 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 Plaintiffs damages as follows: Unpaid Principal Balance $ 190,877.42 Delinquent Balance, including Interest at $42.49 per diem $ 8,179.30 From 07/01/07 to 01/11/08 (based on contract rate of 8.125%) Rec. Corp. Adv. $ 000.00 Escrow Advance $ 1,596.81 Accrued Late Charges Bad CK Fees Attorney's Fee Total $ 872.86 $ 20.00 $ 9,543.87 $ 211,090.37 01-02 I hereby certify the (1) the addresses of the Plaintiff and Defend are as?own above, and (2) notice has been given in accordance with Rule 237.1, copy attached. DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: - JUd-> I L _ a,?8 Daniel J. MWcini, Esq. Attorney Bar No.: 39353 P )ONOT "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." 01-02 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@comcast. net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF CASE NO 07-7220 CIVIL TERM VS CORY A. DICK MORTGAGE FORECLOSURE DEFENDANT AFFIDAVIT OF ACT 91 OF 1983 I, Daniel J. Mancini, Esquire, hereby affirm that I have com ied w' h Act 6 and Act 91 of 1983, notice requirements in the above-captioned mattDaniel J. Mancini, Esquire Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@comcast. net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. PLAINTIFF VS CORY A. DICK DEFENDANT CIVIL ACTION - LAW CASE NO 07-7220 CIVIL TERM MORTGAGE FORECLOSURE AFFIDAVIT OF NAMES AND ADDRESSES OF OWNERS AND DEFENDANTS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DANIEL J. MANCINI, Esq., being duly authorized to make this affidavit on behalf of the Plaintiff in the above action INDYMAC BANK F.S.B., being duly sworn according to law deposes and says that to the best of his knowledge, information and belief the owner of 304 CHESTNUT CIRCLE, SHIPPENS RG, A 17257, the real property to be sold in the within execution and the defendant in the judgment is CORY A. p K, who last known address 304 CHESTNUT CIRCLE, SHIPPENSBURG, PA 17257. 5 DATE: January 14, 2008 .1 DANIEL J. MANCINI, ESQUIRE Attorney for Plaintiff Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancini lawfirm@comcast. net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF VS CASE NO 07-7220 CIVIL TERM MORTGAGE FORECLOSURE CORY A. DICK DEFENDANT AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: Daniel J. Mancini, being duly sworn according to law, deposes and says that he is the attorney of record, for the above-named Plaintiff, that he makes this Affidavit on Plaintiff's behalf, and that the statements in this Affidavit are true to the best of his knowledge, information and belief. Defendant CORY A. DICK is over 21 years of age. Defendant is not in the military service of the United States as contemplated by the Soldier's and Sailor's Civil Relief Act, as amended. This affidavit is made in connection with the judgment upon a n and mo gage secured upon the premises located at 304 CHESTNUT CIRCLE, SHIPPENSBURGys A 17257 By: Daniel J. Mancini, Esq. SHERIFF'S RETURN - REGULAR CASE NO: 2007-07220 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND INDYMAC BANK F.S.B. VS DICK CORY A MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DICK CORY A the DEFENDANT at 2005:00 HOURS, on the 5th day of` December-, 2007 at 304 CHESTNUT CIRCLE SHIPPENSBURG, PA 17257 CORY DICK by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 19.20 Affidavit .00 Surcharge 10.00 .00 47.20 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 12/06/2007 DANIEL MANCINI By. // ?/v / eputy Sheriff of A. D. Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)7284233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. PLAINTIFF VS CORY A. DICK DEFENDANT TO: Cory A. Dick 304 Chestnut Circle Shippensburg, PA 17257 DATE OF NOTICE: December 28, 2007 CIVIL ACTION - LAW CASE NO: 07-7220 Civil Term MORTGAGE FORECLOSURE 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 nr r Torn r"" ` IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE CORRESPONDENCE IS NOT AND SHOULD NOT BE r Nlei ? F r?G" 4 ATTEMPT TO COLLECT A DEBT, BUT ONLY AS c ti . C . GENT OF LIEN AGAINST PROPERTY. PITNEY BOWES "rQa ?- 0 . DEC Y, ti r, L `c CL z Q Z y•-.. .._ d U- LL 0 o O J •? a LL H O ~ U Z W r .S, y n o z co Q? . ,? • a N Cl L W U O iq UJ „U.r ?(•Qy 9 E 0: UJ O cL => c W U) Q 0O? ?`? E S `o o O 0 cc WO =LL LLJ v EL w0 m > s u G \ n a O O N f0 7 C IMPORTANT NOTICE u have failed to enter a written appearance personally or by attorney lefenses or objections to the claims set forth against you. Unless you if this notice, a Judgment may be entered against you without a y or other important rights. You should take this notice to a lawyer . cannot afford one, go to or telephone the following office to find awyer Referral Services, Q South Bedford Street Carlisle, PA 17013 (717) 249-3166 Daniel J. Mancini, Esquire Attorney for Plaintiff w' -I c....n .l A Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF VS CORY A. DICK DEFENDANT CASE NO 07-7220 CIVIL TERM MORTGAGE FORECLOSURE RULE 236 NOTICE OF DEFAULT To: CORY A. DICK 304 CHESTNUT CIRCLE SHIPPENSBURG, PA 17257 You are hereby notified that the following Order, Decree or Judgment has been entered against you on A Judgment of Default in the amount of $ 211,090.37 plus costs. - ZL P ith4onotary If you have any questions concerning the above, please contact: DANIEL J. MANCINI, ESQUIRE MANCINI & ASSOCIATES 201 A FAIRVIEW DRIVE MONACA, PA 15061 724-728-4233 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW INDYMAC BANK, F.S.B. CIVIL Division PLAINTIFF Case Number: 07-7220- CIVIL TERM VS CORY A. DICK DEFENDANT Type of Pleading Mortgage Foreclosure Praecipe for Writ of Execution Code and Classification: CERTIFICATE OF LOCATION 304 CHESTNUT CIRCLE SHIPPENSBURG, PA 17257 Southampton Township TAX ID#: 39-35-2383-014 Filed on Behalf Of: Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview Drive Monaca, PA 1 61 (724) 728-4 3 By: DANIEL J. MANCINI, ESQ. PA I.D. No. 39353 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfinn@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF CASE NO 07-7220 CIVIL TERM VS CORY A. DICK DEFENDANT MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) INDYMAC BANK, F.S.B. Plaintiff in the above action, by its attorney, Daniel J. Mancini, 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 304 CHESTNUT CIRCLE, SHIPPENSBURG, PA 17257. Name and address of Owner(s) or reputed Owner(s): Cory A. Dick 304 Chestnut Circle Shippensburg, PA 17257 Name and address of Defendant(s) in the judgment: Cory A. Dick 304 Chestnut Circle Shippensburg, PA 17257 INDYMAC BANK F.S.B. 7770 West Partner Lane, Building D, First Floor, Austin, TX 78729 c/o Daniel J. Mancini, Esq. 201A Fairview Drive, Monaca, PA 15061 07-7220 CIVIL TERM RECORDED 1/16/2008 AMOUNT $211,090.37 4. Name and address of the last recorded holder of every mortgage of record: 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: INDYMAC BANK F.S.B. 7770 West Partner Lane, Building D, First Floor, Austin, TX 78729 c/o Daniel J. Mancini, Esq. 201A Fairview Drive, Monaca, PA 15061 MBV&PG 1936-1902 RECORDED 1/4/2006 AMOUNT $182,240.00 MERS, INC., AS NOMINEE FOR FIDELITY AND TRUST MORTGAGE INC. MERS ADDRESS: PO Box 2026, Flint, MI 48501 FIDELITY ADDRESS: 7000 Wisconsin Avenue, Chevy Chase, Maryland, 20815 MBV&PG 1936-1922 RECORDED 1/4/2006 AMOUNT $45,560.00 06-02 Name and address of every other person who has any record lien on the property: UNKNOWN Name and address of every other person who has any record interest in the property and whose interest may be affected by the Sale: UNKNOWN Name and address of every other person whom the Plaintiff has knowledge who has any interest in the property which may be affected by the Sale: UNKNOWN I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. `4904 relating to unworn falsification to authorities. Dated this 22"d Day of February 2008 06-02 AU0Mey Ddr 1V U.: J7JJJ L_,. ?.. _.__.? - r :? ...?.? .. 'T"; _.? ._.i .. {?+? _, _ - . C.11 C.3 _-?' l::- ?t? -4 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF CASE NO 07-7220 CIVIL TERM VS CORY A. DICK DEFENDANT MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: June 11, 2008 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated.in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. DWELLING KNOWN AS 304 CHESTNUT CIRCLE, SHIPPENSBURG, PA 17257. ALL THAT CERTAIN LOT OR PIECE OF GROUND SITUATE IN SOUTHAMPTON TOWNSHIP, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE WESTERN EDGE OF CHESTNUT CIRCLE AT COMMON CORNER OF LOT 31, PHASE "O" AND LOT 32 PHASE "O" AS SHOWN ON SUBDIVISION PLAN FOR G&C ASSOCIATES, DATED JUNE 12, 1992, AND RECORDED IN CUMBERLAND COUNTY PLAN BOOK 66, PAGE 125. THE LOCATION of your property to be sold is: 304 CHESTNUT CIRCLE SHIPPENSBURG, PA 17257 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO 07-7220 CIVIL TERM THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property CORY A. DICK A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland County Courthouse. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Lawyer Referral Services, 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or le must be attached to the petition. If a specific return date is desired, such date must be obtained fro the within County Court House before presentation to the Court. ,a _-- Esq. Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF CASE NO 07-7220 CIVIL TERM VS CORY A. DICK LONG PROPERTY DESCRIPTION AN that certain lot or piece of ground xk*o In Sougumpmn Tcwsship, County of Cumbwtaod, Cenrm WwAslth of Pen ns*snia, bounded and dear rIM ft fakm a: SEG*HNG at a point an "m wmW" edge of Chookmi C.kde at common corm of Lot 31, Pho w XY and Lot 32 Phan *a as abeam on *AxNWWm plan for G & C Awoc Mtl, doled AM 12„ IM, end -eOOfi'f itt QxWx rlend Cou0y PIS !il*M al, Pap 125;", ' 1 E Wong,Lot 31 Phow Xr Noah 50 degrees 1 minute ill searnrnds West 181.43 feed to a paint; thence slang Lot 22 Phase'Cr North 55 degroes 36 minutes 26 noonds Feed x5.72 feet to a poh* thence &WV LiDt 23 ft m XY North St degmes 09 rninutes OT soomm East 110.00 Not to a point on Ow n n edge of Chestnut CkvW Owne aft The 1ge1 sko edge of Chestnut Cab by a curve to the right twAV a rsd a of 126.00 be a chord boadog of South 17 dogma 12 minutes 07 seoonds Exert, an are disdtnee of SIAS feat to a poied tim noe continuing okxV the ovol An edge of Chestnut Circle Pwulh 01 degree 27 minutes 40 seconds idlest $3.09 feet to a f : dierrae conbraft along the western edge of the Chestnut CWde by a owe to One %* he ving a radluer of 36.00 foot, a dad hearing of South 24 dogma 00 n*Mw all ssovok Wiest, an am distance of 27.55 feel to a point, the point and place of BEt MING. CONS1STM of 0.3065 enaw more or Was. OEM d of L d 32 P how `tY on Subdrd*n Prawn for G fi G Ash doted June 12, i002, and reaordod In CrearftftW County Plan Book 06, Pape 123. DWELLING KNOWN AS 304 CHESTNUT CIRCLE, SHIPPENSBURG, PA 17257. IDENTIFIED as TAX/PARCEL ID#: 39-35-2383-014 in th?.He Registry Office of Cumberland County, Pennsylvania. MORTGAGE FORECLOSURE DEFENDANT Mancini, Esquire for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7220 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INDYMAC BANK, F. S. B., Plaintiff (s) From CORY A. DICK (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 gamishee(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 $211,090.37 L.L.$ 0.50 Interest from 7/01/07 to 1/11/08 (based on contract rate of 8.125%) Atty's Comm % Due Prothy $2.00 Atty Paid $176.20 Other Costs Plaintiff Paid Date: 2/25/08 Prothonotary r" (Seal) By: Deputy REQUESTING PARTY: Name DANIEL J. MANCINI, ESQUIRE Address: DANIEL MANCINI & ASSOCIATES 201 A FAIRVIEW DRIVE MONACA, PA 15061 Attorney for: PLAINTIFF Telephone: 724-728-4233 Supreme Court ID No. 39353 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfum@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF CASE NO 07-7220 CIVIL TERM VS MORTGAGE FORECLOSURE CORY A. DICK DEFENDANT RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Aliquippa, Pennsylvania on May 6, 2008, a true and correct copy of Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to all lien holders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), which mailing receipts are attached. Service addresses are as follows: Internal Revenue Service Federated Investors Tower 13t' Floor - Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 U. S. Attorney's Office Tenth & Constitution Avenue N. W. Main Justice Building - Room 5111 Washington, D.C. 20530 U. S. Attorney's Office Federal Building 235 N. Washington Avenue Scranton, PA 18501 MERS, INC., AS NOMINEE FOR FIDELITY AND TRUST MORTGAGE INC. MERS ADDRESS: PO Box 2026, Flint, MI 48501 FIDELITY ADDRESS: 7000 Wisconsin Avenue, Chevy Chase, Maryland, 20815 B D ie . ancini, Esq. Attorney for Plaintiff UNITED STATES '/ T -? stamps or JaPOSTAL-SERVICE ® Certificate Of Mailing re. This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing This form may be used for domestic and intemational mail. From To: wfi P nark Hap UNITEDSTATES _ _ `? POSTAL SERV/CE ® k.-? Certificate Of Mailin psor +g !S Certificate of Mailing provides evidence that mail has been presented to USPS® is form may be used for domestic and international mail. for mailing. From: 4 " ?01 A To: PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES -,,zS R - t 10 POSTAL SERVICE ® Certificate Of Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and international mail. From: Mancini & Assi rview li? Fai To: ?0 9 s f - , 10 or PS Form 3817, April 2007 PSN 7530-02-000-9065 PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITEDSTATES IVOS. -aS6A - LlIb\ UPOSTAL SERVICE@ stamps or Certificate Of Mailing A LL' % ere. This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and international mail. From: PoAtmak 11e r UNITEDSTATES NO _ S JU POSTAL SERVICE ® fTx stamps or certificate Of ail a here. This Certificate of Mailing provides evidence that mail has been presented to USPS® for mai0,.? This form may be used for domestic and international mail. ' From: lY if2i.11 & Associates "r. i.? PS Form 3817, April 2007 PSN 7530-02-000-9065 PS Form 3817, April 2007 PSN 7530-02-000-9065 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF CASE NO 07-7220 CIVIL TERM VS CORY A. DICK MORTGAGE FORECLOSURE DEFENDANT NOTICE PURSUANT TO PA. R.C.P. 3129 Notice is hereby given to the following parties who hold one or more mortgage, judgment or tax liens or any claim against the real estate of 304 CHESTNUT CIRCLE, SHIPPENSBURG, PA 17257. Internal Revenue Service Federated Investors Tower 13`h Floor - Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 U. S. Attorney's Office Tenth & Constitution Avenue N.W. Main Justice Building - Room 5111 Washington, D.C. 20530 U. S. Attorney's Office Federal Building 235 N. Washington Avenue Scranton, PA 18501 MERS, INC., AS NOMINEE FOR FIDELITY AND TRUST MORTGAGE INC. MERS ADDRESS: PO Box 2026, Flint, MI 48501 FIDELITY ADDRESS: 7000 Wisconsin Avenue, Chevy Chase, Maryland, 20815 MBV&PG 1936-1922 RECORDED 1/4/2006 AMOUNT $45,560.00 You are hereby notified that on June 11, 2008 at 10:00 A.M. prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of, INDYMAC BANK, F.S.B, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, the real estate of CORY A. DICK, known and numbered as 304 CHESTNUT CIRCLE, SHIPPENSBURG, PA 17257, Cumberland County. A description of said real estate is hereto attached. You are further notified that a Schedule of Distribution of Proposed Distribution will be filed by the Sheriff of Cumberland County within thirty (30) days, and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold sale and that you have an opportunity to protect yoy" Sale. DATE: May 6, 2008 By: the said real estate will be divested by the if any, by being notified of said Sheriff's Esq. LONG PROPERTY DESCRIPTION All that certain lot or piece of ground situele In Soutwimoon Township, County of Cumborlowl. Conhnhonwehlttr of Pennsylvania, bounded and despttm! as tatiows, BEGINNING al a paint en the wearbrhh alga of Cb@dnkt C.Ytle at commoer corner of Lot 31, Phase Xr ant! Lot 32 Phased" as spawn an Ojb*A*rh plan far 0 b C Aasoaiates, I I p I June 12, 1M, and records In Qw bodu d County Plan OVA 00. Pop 125; Nance atasg tot 31 Phase -Cr Nowth 50 deproes t Moule 16 secands Wed 181.46 feet to a polht; thence abng Lot 22 Phase 'o' North 56 degwees 36 minutes 26 seoands EM 26.72 feet to a pok* thence clang Lot 23 Phan X1' NOM 54 dWeft 06 Minutes 07 ahlonda Fiat 110.00 feet to a point an In western edge of Chestnut Cftle; thence along the western edge of Cheslrwt Circe by a curve to the night haviaq a radlae at 125,.00 led a chard beafs?g of South 17 deproes 12 minutes 07 seconwis East, an we dlalmce of 61.43 feat t0 a point tIwm wwMnuMq abnp the yoodarsh adge of Chestnut Circle South 01 degree 27 minutes 40 sreaanrts Met 83.00 feet to a paint; thence contlrutlrg Mang the western edge of the Chestnut Chk by a curve to the hlght Craving a radius of 36A0 lost. a ch nd bowkv of South 24 dapnsee Off m`an`tes 36 tsecoaft Ulilest, an arc distance of 27.56 feet to a point, the paint and place of BEGINNING. CONSISTING of 0.8066 sores, snore or lose. BEING d of Let 32 P'hoso OV on Subdivision Pion for G i C Associates doled June 12. 1004 ant reoor+ded In Cumberland County Plan Booth 06. Paps 125. DWELLING KNOWN AS 304 CHESTNUT CIRCLE, SHIPPENSBURG, PA 17257. IDENTIFIED as TAX/PARCEL ID#: 39-35-2383-014 in the Deed Registry Office of Cumberland County, Pennsylvania. • 01 1 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)7284233 mancinilawf irm@comcast. net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF CASE NO 07-7220 CIVIL TERM VS CORY A. DICK DEFENDANT MORTGAGE FORECLOSURE AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) INDYMAC BANK, F.S.B. Plaintiff in the above action, by its attorney, Daniel J. Mancini, 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 304 CHESTNUT CIRCLE, SHIPPENSBURG, PA 17257. Name and address of Owner(s) or reputed Owner(s): Cory A. Dick 304 Chestnut Circle Shippensburg, PA 17257 Cory A. Dick 304 Chestnut Circle Shippensburg, PA 17257 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: INDYMAC BANK F.S.B. 7770 West Partner Lane, Building D, First Floor, Austin, TX 78729 c/o Daniel J. Mancini, Esq. 201A Fairview Drive, Monaca, PA 15061 07-7220 CIVIL TERM RECORDED 1/16/2008 AMOUNT $211,090.37 2. Name and address of Defendant(s) in the judgment: Internal Revenue Service Federated Investors Tower 13`x' Floor -Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 U. S. Attorney's Office Tenth & Constitution Avenue N.W. Main Justice Building - Room 5111 Washington, D.C. 20530 06-02 + , s " U. S. Attorney's Office Federal Building 235 N. Washington Avenue Scranton, PA 18501 4. Name and address of the last recorded holder of every mortgage of record: INDYMAC BANK F.S.B. 7770 West Parmer Lane, Building D, First Floor, Austin, TX 78729 c/o Daniel J. Mancini, Esq. 201A Fairview Drive, Monaca, PA 15061 MBV&PG 1936-1902 RECORDED 1/4/2006 AMOUNT $182,240.00 MFRS, INC., AS NOMINEE FOR FIDELITY AND TRUST MORTGAGE INC. MERS ADDRESS: PO Box 2026, Flint, MI 48501 FIDELITY ADDRESS: 7000 Wisconsin Avenue, Chevy Chase, Maryland, 20815 MBV&PG 1936-1922 RECORDED 1/4/2006 AMOUNT $45,560.00 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN Name and address of every other person whom the Plaintiff has knowledge who has any interest in the property which may be affected by the Sale: UNKNOWN I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. `4904 relating to unsworn falsification to authorities. Dated this 6`" Day of May 2008 ie . Mancini, Esq. Attorney Bar No.: 39353 06-02 a 31, --" • Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@comcast. net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF CASE NO 07-7220 CIVIL TERM VS CORY A. DICK DEFENDANT MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that a true and correct copy of Notice of Sale of Real Estate pursuant to PA R.C.P. 3129 was sent to the Defendant, CORY A. DICK, at his respective address which is 304 Chestnut Circle, Shippensburg, PA 17257. The Notice of Sheriffs sale was sent by Certified /Registered Mail, which I deposited in the U. S. Mails at Monaca, Pennsylvania on May 6, 2008. Said Notices were accepted by the Defendant on May 10, 2008, as evidenced by the attached Return Receipt. In addition to the Notice set forth above, a Notice of Sale was also sent to each Defendant via Regular First Class Mail on May 6, 2008. A copy of Certificate of MaTi ed also. B D ni, Esq. Attorney or Plaintiff M '• Ln Er ra ^1 IY rt l 11 1 a L Er" Ln Postage $ M Certified Fee D D eipt Fee Rec Retum D nt Re (Endorsemequired) Restricted Delivery Fee D (Endorsement Required) U1 r-l Total Postage & Fees D ent o C3 o C ' C3 -Street, Ap( W' -- r`- or PO Box No. ? ONAC Postmark ,p Pre 9 UNITEDSTATES POSTAL SERVICE® To poefy fee; a stamps or Certificate Of Mailing; met,8cr9tn}e here. This Certificate of mailing provides evidence that mail has been presented to uspso for mailing This form may be used for domestic and intemational mail. From: To: Here PS Form 3817, April 2007 PSN 7530-02-000-9065 ¦ Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. , ¦ Print your name and address on the reverse that we tsen return the card to you. ¦t panel to the black of the mailpiece, on #i prrt tf space pt: m ts. 1. Article AddMsed to. d c>Y1 rj ?.r bWPMW x 13 _0 ???rte C. 5Date of DelWy e. -?t I r =,RD. Is deliveryaddress different from Item 1? ? Yes It YES, enter delivery address below: ? No 3. Service Type ? Certified Mail O Ewess mail 0 Registered ? Retwn Receipt for Mercl andlae ? insured man 0 C.O.D. 4. Restricted Delivery? Pft Fee) O Yes 2. Nurnbw 7008 0150 0003 5992 2195 P8 Form 3811, February 2004 Domestic Return Receipt l OZ5t15-0d-NFl5gq j C? ?i ? ? ? ._ "CJ t , ? --C "T' `°'" °_ ? , ?: , ` -??.? ? ? 'M ", ? ? ? u ? INDYMAC Bank, F.S.B. Vs Cory A. Dick In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-7220 Civil Term Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 18, 2008 at 1635 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Cory A. Dick by making known unto Cory A. Dick personally, at 304 Chestnut Circle, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on April 02, 2008 at 1345 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and description, in the above entitled action, upon the property of Cory A. Dick located at 304 Chestnut Circle, Shippensburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Cory A. Dick by regular mail to his last known address of 304 Chestnut Circle, Shippensburg, PA 17257. This letter was mailed under the date of March 31, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Mancini. Sheriff s Costs: Docketing 30.00 Poundage 18.66 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 57.60 Levy 15.00 Surcharge 20.00 Postpone Sale 20.00 Law Journal 371.00 Patriot News 372.17 Share of Bills 14.73 / $951 66 ? g1 /41?g . So ' Answ s: p R. Thomas Kline, Sheriff, ?,L BY' ! cvcs?- Ls373 %? i C) ?? Y Vk?-? Real Estate Sergeant ?? al?? 1 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF CASE NO 07-7220 CIVIL TERM VS MORTGAGE FORECLOSURE CORY A. DICK AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) INDYMAC BANK, F.S.B. Plaintiff in the above action, by its attorney, Daniel J. Mancini, 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 304 CHESTNUT CIRCLE, SHIPPENSBURG, PA 17257. Name and address of Owner(s) or reputed Owner(s): Cory A. Dick 304 Chestnut Circle Shippensburg, PA 17257 2. Name and address of Defendant(s) in the judgment: DEFENDANT Cory A. Dick 304 Chestnut Circle Shippensburg, PA 17257 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: INDYMAC BANK F.S.B. 7770 West Partner Lane, Building D, First Floor, Austin, TX 78729 c/o Daniel J. Mancini, Esq. 201A Fairview Drive, Monaca, PA 15061 07-7220 CIVIL TERM RECORDED 1/16/2008 AMOUNT $211,090.37 Name and address of the last recorded holder of every mortgage of record: INDYMAC BANK F.S.B. 7770 West Partner Lane, Building D, First Floor, Austin, TX 78729 c/o Daniel J. Mancini, Esq. 201A Fairview Drive, Monaca, PA 15061 MBV&PG 1936-1902 RECORDED 1/4/2006 AMOUNT $182,240.00 MERS, INC., AS NOMINEE FOR FIDELITY AND TRUST MORTGAGE INC. MERS ADDRESS: PO Box 2026, Flint, MI 48501 FIDELITY ADDRESS: 7000 Wisconsin Avenue, Chevy Chase, Maryland, 20815 MBV&PG 1936-1922 RECORDED 1/4/2006 AMOUNT $45,560.00 06-02 Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 7. Name and address of every other person whom the Plaintiff has knowledge who has any interest in the property which may be affected by the Sale: UNKNOWN I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. `4904 relating to unsworn falsification to authorities. Dated this 22°d Day of February 2008 06-02 Attorney Bar No.: 39353 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF CASE NO 07-7220 CIVIL TERM VS CORY A. DICK DEFENDANT MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: June 11, 2008 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. DWELLING KNOWN AS 304 CHESTNUT CIRCLE, SHIPPENSBURG, PA 17257. ALL THAT CERTAIN LOT OR PIECE OF GROUND SITUATE IN SOUTHAMPTON TOWNSHIP, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE WESTERN EDGE OF CHESTNUT CIRCLE AT COMMON CORNER OF LOT 31, PHASE "O" AND LOT 32 PHASE "O" AS SHOWN ON SUBDIVISION PLAN FOR G&C ASSOCIATES, DATED JUNE 12, 1992, AND RECORDED IN CUMBERLAND COUNTY PLAN BOOK 66, PAGE 125. THE LOCATION of your property to be sold is: 304 CHESTNUT CIRCLE SHIPPENSBURG, PA 17257 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO 07-7220 CIVIL TERM THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property CORY A. DICK A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland County Courthouse. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Lawyer Referral Services, 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff s Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained fro the wi in County Court House before presentation to the Court. Esq. Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfmn@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF CASE NO 07-7220 CIVIL TERM VS CORY A. DICK MORTGAGE FORECLOSURE DEFENDANT LONG PROPERTY DESCRIPTION AN that caAain Id or piece of ground ah09 in SouV wvnpion Towaehip. County of Cumbeft0d, Comrr`oMM" Of Penns*anW bounded and dead M es 1050* 0' BEGM04 at a point oo ft weal rn odge of Cbees+nt Ckde at cornam ceaw d Lot 31, Phese'W and Ld 32 Phase Xr as shrm on vAAVvWm phm for G & C A0sec0a0, Baled Jane 12, 1"2, and temd d in Curnberlend Coungr Plan Sock 00, Page 125; 9=0e alaap Lot 31 Pyha?sy?e?'?r t?h 50 degrees t minnule 16 sooonds Wad 181,4ay8 f?sd to a per; the rs aloM LM 22Phase'(' Ncdh 56 ftmw 36 nninutea 26 aer r rim ? 28.y /i'eetiod point along Lot 23 Phue XY Noah "S4 dsgre90 09 mieul0e 07 0Mnda EW 110.06 0001 to a point on the western edge of Ctaatnut Cf W thence aiap the western edge of Chesnut Cirde by a curve to the right having a re0as of 125.00 feet a chord bewft of Soulh 17 degrees 12 n6u*ee 07 East„ an we didence of 81.43 feat to a point t nce coalinuft WM the wester 040 of Chestnut Circle Soulh 01 degree 27 miouft 40 seconds Wed 83.04 IM to a point theme continift doug the eastern edge of the Chedrnut Clncta by a curve to go ft M hevfng a ndko o(3640 feet. a dxwd bowft of SwA 24 d0gr+sas 00 nftfts 38 seconds VVW, an arc didence of 27.56 fad to a paint, the point and pled of 8Et4 MW CONSiSTM of 0.3068 aerear, rncr@ or Nee. 8EWG d at L,ot 32 Phw* %r on Sul I daion Plan for G & C Assay +c detail Jude 12, 1002, and recorded in Cumbodand County Plan Book 138.. Pepe Im DWELLING KNOWN AS 304 CHESTNUT CIRCLE, SHIPPENSBURG, PA 17257. IDENTIFIED as TAX/PARCEL ID#: 39-35-2383-014 in thud Registry Office of Cumberland County, Pennsylvania. ' 13*8?"ancini, Esquire Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7220 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INDYMAC BANK, F. S. B., Plaintiff (s) From CORY A. DICK (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 $211,090.37 L.L.$ 0.50 Interest from 7/01/07 to 1/11/08 (based on contract rate of 8.125%) Atty's Comm % Due Prothy $2.00 Atty Paid $176.20 Plaintiff Paid Date: 2/25/08 (Seal) Other Costs Prothonotary_--" By: Deputy REQUESTING PARTY: Name DANIEL J. MANCINI, ESQUIRE Address: DANIEL MANCINI & ASSOCIATES 201 A FAIRVIEW DRIVE MONACA, PA 15061 Attorney for: PLAINTIFF Telephone: 724-728-4233 Supreme Court ID No. 39353 Real Estate Sale # 53 On March 6, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA Known and numbered as 304 Chestnut Circle, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: Marc 6, 2008 Real Estat` Sergeant 9 fi :01 V L Z 833 9001 AHWNk it? 3312I3HS 3H1 A li'li 0 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : 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: May 2, May 9, and May 16, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, SAN TO AND SUBSMBED before me this 16 day of May, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RRAit,1 WA= SUM NO. " Writ No. 2007-7220 Civil INDYMAC Bank, F.S.B. vs. Cory A. Dick Atty.: Daniel Mancini LONG PROPERTY DESCRIPTION All that certain lot of piece of ground situate in Southhampton Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the western edge of Chestnut Circle at common corner of Lot 31, Phase "O" and Lot 32 Phase "O" as shown on subdivision plan for G & C As- sociates, dated June 12, 1992, and recorded in Cumberland County Plan Book 66, Page 125; thence along Lot 31 Phase "O" North 50 degrees 1 minute 16 seconds West 161.48 feet to a point; thence along Lot 22 Phase "O" North 58 degrees 36 minutes 26 seconds East 28.72 feet to a point; thence along Lot 23 Phase "O" North 54 degrees 08 minutes 07 seconds East 110.00 feet to a point on the western edge of Chestnut Circle; thence along the western edge of Chestnut -Circle by a curve to the right having a radius of 125.00 feet a chord bearing of South 17 degrees 12 minutes 07 seconds East, an are dis- tance of 81.43 feet to a point; thence continuing along the western edge of Chestnut Circle South 01 degree 27 minutes 40 seconds West 83.09 feet to a point; thence continuing along the western edge of the Chestnut Circle by a curve to the right having a radius of 35.00 feet, a chord bear- ing of South 24 degrees 00 minutes 38 seconds West, an arc distance of 27.55 feet to a point, the point and place of BEGINNING. CONSISTING of 0.3068 acres, more or less. BEING all of Lot 32 Phase "O" on Subdivision Plan for G & C Associates dated June 12, 1992, and recorded in Cumberland County Plan Book 66, Page 125. DWELLING KNOWN AS 304 CHESTNUT CIRCLE, SHIPPENS- BURG, PA 17257. IDENTIFIED as TAX/ PARCEL ID#: 39-35-2383-014 in the Deed Registry Office of Cumberland County, Penn- sylvania. ..The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patriot News NOW you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/23/08 04/30/08 05/07/08 Sworn t subscribed before me this 27 dMay, 2008 A.D. Notary NWEAL' H OF PENNSYLVANIA Notarial Seal Chyrl! L. ShePPard, Notary Public 4 01 Herrisburp, Dauphin County MY 00MM aion Expires May 29, 2010 Mlmblr, Pennsylvania Association of Notaries Real Estate Sale #53 Writ No. 2007-7220 Civil Term INDYMAC Bank, F.S.B. VS Cory A. Dick Attorney: Daniel Mancini DESCRIPTION All that certain lot of piece of ground situate in Southhampton Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the western edge of Chestnut Circle at common comer of Lot 31, Phase "O" and Lot 32 Phase "0" as shown on subdivision plan for G & C Associates, dated June 12, 1992, and recorded in Cumberland County Plan Book 66, Page 125; thence along Lot 31 Phase "0" North 50 degrees 1 minute 16 seconds West 161.48 feet to a point; thence along Lot 22 Phase "0" North 58 degrees 36 minutes 26 seconds East 28.72 feet to a point; thence along Lot 23 Phase "0" North 54 degrees 08 minutes 07 seconds East 110.00 feet to a point on the western edge of Chestnut Circle; thence along the western edge of Chestnut Circle by a nave to the right having a radius of 125.00 feet a..dj* c( s$Wlb 17 degrees 12 minutes 07 seconds East, an arc distance of 81.43 feet to a point; thence continuing along the western edge of Chestnut Circle South 01 degree 27 minutes 40 seconds West 83.09 feet to a point; thence continuing along the western edge of the Chestnut Circle by a curve to the right having a radius of 35.00 feet, a chord bearing of South 24 degrees 00 minutes 38 seconds West, an arc distance of 27.55 feet to a point, the point and place of BEGINNING. CONSISTING of 0.3068 acres, more or less. BEING all of Lot 32 Phase °0" on Subdivision Plan for G & C Associates dated June 12, 1992, and recorded in Cumberland County Plan Book 66, Page 125. DWELLING KNOWN AS 304 CHESTNUT CIRCLE, SHIPPENSBURG, PA 17257. IDENTIFIED as TAXIPARCEL JIM: 39-35- 2383-014 in the Deed Registry of Cumberland County, Pennsylvania. r'-°r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW INDYMAC BANK, F.S.B. CIVIL Division PLAINTIFF Case Number: p 7- 7 ,?- 2--0 VS CORY A. DICK DEFENDANT Type of Pleading PRAECIPE TO SATISFY JUDGMENT Code and Classification: CERTIFICATE OF LOCATION 304 CHESTNUT CIRCLE SHIPPENSBURG, PA 17257 Southampton Township TAX ID#: 39-35-2383-014 Filed on Behalf Of: Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 By: DANIEL J. MANCINI, ESQ. PA I.D. No. 39353 ra Z C= rr7 G) CS, CZP t I" . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW INDYMAC BANK, F.S.B. PLAINTIFF VS CORY A. DICK DEFENDANT CERTIFICATE OF LOCATION 304 CHESTNUT CIRCLE SHIPPENSBURG, PA 17257 Southampton Township TAX ID#: 39-35-2383-014 CIVIL Division Case Number: 07- 7a1aR0 Type of Pleading PRAECIPE TO DISCONTINUE AND SETTLE Code and Classification: Filed on Behalf Of: Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview Drive Monaca, PA 15061 (724) 728-4233 By: DANIEL J. MANCINI, ESQ. PA I.D. No. 39353 Daniel J. Mancini, Esq., Attorney Bar: PA 39353 161 Linko Drive Aliquippa, PA 15001 Phone/Fax(724)203-1202 ma ncinilawfirm0comcast. net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF CASE NO VS CORY A. DICK DEFENDANT MORTGAGE FORECLOSURE PRAECIPE AND POWER OF ATTORNEY FOR SATISFACTION AND/OR TERMINATION TO THE PROTHONOTARY OF SAID COURT: You are hereby authorized, empowered, and directed to enter, as indicated, the following on the records thereof: A.1 XXX The within suit is Settled, Discontinued, Ended and costs paid. 2. --- The within suit is Settled, Discontinued, Ended WITH Prejudice and costs paid. 3. ---- the within suit is Settled, Discontinued, Ended WITHOUT Prejudice and costs paid. B.1. ---- Satisfaction of the Award in the within suit is acknowledged. 2. ---- Satisfaction of Judgment with interest and costs, in the within matter is acknowledged. Date: o Es Signature of authorizing party Print name of Signer aiynawI G ?i ?? ; ? ? ? ?` ? ?' ? :? - , ,? ?_ ? 1