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HomeMy WebLinkAbout07-7482 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW INDYMAC BANK, F.S.B. PLAINTIFF VS GERALD FAIR and MARGARET A. FAIR DEFENDANT CERTIFICATE OF LOCATION 17 CARDINAL DRIVE CARLISLE, PA 17013 SOUTH MIDDLETOWN TOWNSHIP TAX I.D. # 40-24-0760-048 CIVIL Division Case Number: 01- 17y gA Ciy' ( I-erM 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 Fairview Drive Monaca, PA 15061 (724) 728-4233 By: DANIEL J. MANCINI, ESQ. PA I.D. No. 39353 J Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinitawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF C1 CASE NO d7 ' 7y l.? l V l ??r VS GERALD FAIR and MARGARET A. FAIR DEFENDANTS MORTGAGE FORECLOSURE 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@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF VS CASE NO MORTGAGE FORECLOSURE GERALD FAIR and MARGARET A. FAIR DEFENDANTS 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 UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Daniert.-Mkmeihi, 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 VS CASE NO MORTGAGE FORECLOSURE GERALD FAIR and MARGARET A. FAIR DEFENDANTS 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. Defendants are GERALD FAIR AND MARGARET A. FAIR, whose last known address is 4500 NW BLITCHTON, OCALA, PA 17013. GERALD FAIR AND MARGARET A. FAIR are the mortgagors and the recorded owner of the mortgaged property hereinafter described. 3. On or about, January 5, 2007, GERALD FAIR AND MARGARET A. FAIR borrowed $ 217,600.00 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 IndyMac Bank, F.S.B., this mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Record Book 1979, Page 324. 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 17 Cardinal Drive, Carlisle, PA 17013, 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 June 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 $ 217,400.00 Delinquent Balance, including Interest at $37.23 per diem $ 6,294.29 From 05/01/07to 12/04/07 (based on contract rate of 6.25%) Rec. Corp. Adv. $ 000.00 Escrow Advance $ 000.00 Accrued Late Charges $ 283.05 Bad CK Fees $ 00.00 Attorney's Fee $ 10,870.00 Total $ 234,847.29 ** Together with interest at the per diem rate noted above after June 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 October 23, 2007, via certified and regular mail, in accordance with the requirements of those acts. 8. Defendants are 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 the rate of 6.25% ($37.23 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriffs Sale and for foreclosure and sale of the roperty within described. Daniel . W i, Attorney Bar: PA 39353 ..?"• Oct-19-2007 11:43am From- ,. + Sv)o'7 h mL161 . ,^ T-109 P.002 Y i "MEI T F. ZIEGL.ER „ECG?t)E; CF DEERS 501 DEC 14 Ail 10 34 V , F-58T TAX PARCEL NO. 40-240760-048 MADE TFIE daffy of in the year two thousand four (2004) BE1"WdS11T ALBERT G. BOGERT,.JR. and ANNA M. BOGERr, husband and wife, of Carlisle, Pennsylvania, Grantors, AND GERALD FAIR and MARGARET A. FAIR, husband and wife, of Carlisle, Pennsylvania, Grantees, W132W88ET8, that in consideration of TWO HUNDRED TWELVE THOUSAND---------___ --- ----------------------------------($212,000.00)_ __.--------------..-._-- ,_?.?.___ Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantee, her heirs and assigns, ALL THAT CERTAIN tract of land situate in. South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Cardinal Drive, on the dividing line between Lots Nos. 4 and 5 on the hereinafter mentioned Plan of Lots; thence by the dividing line between Lots Nos. 5, 7 acrd 8, and Lot No. 4 on said Plan of Lots, North 58 degrees 58 minutes 30 seconds East, 294,36 feet to a point; thence- by land now or formerly of No Otto, South 01 degree 25 minutes East, 115.02 feet to a point; thence by the dividing line between. Lots Nos. 3 and 4 on said Plan of Lots, South 58 degrees 58 minutes 30 seconds West, 2$7.54 fact to a point on the eastern side of Cardinal Drive; thence by the eastern side of said drive, North 31 degrees 01 minute 30 seconds West, 100 fect to the place of BEGINNING. BEING Lot No. 4 of Section J-2 of Plan of Lots known as Forgo Road Acres, recorded in Plan Book 23, Page 61. BEING known and numbered as 17 Cardinal Drive, Carlisle, Pennsylvania. asp . 2" :3e74 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 VS GERALD FAIR and MARGARET A. FAIR DEFENDANTS 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 unworn 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 4th of December 2007 Daniel ancini, sq. Attorney Bar: Pa 39353 oho S2? o w 00 0 SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-07482 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND INDYMAC BANK FSB VS FAIR GERALD ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT FAIR GERALD but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT 17 CARDINAL DRIVE CARLISLE, PA 17013 GIVEN ADDRESS IS VACANT. FAIR GERALD WATER AND ELECTRIC ARE SHUT OFF. Sheriff's Costs: Docketing 18.00 Service 4.80 Not Found 5.00 Surcharge 10.00 .00 !//N/dY ? 37.80 So answer R. Th s Kline Sheriff of Cumberland County DANIEL MANCINI 01/11/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-07482 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND INDYMAC BANK FSB VS FAIR GERALD ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT FAIR MARGARET A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT FAIR MARGARET A 17 CARDINAL DRIVE CARLISLE, PA 17013 GIVEN ADDRESS IS VACANT. WATER AND ELECTRIC ARE SHUT OFF. Sheriff's Costs: So answers: --? Docketing 6.00 '.- Service .00 Not Found 5.00 R. Th mas Kline Surcharge 10.00 Sheriff of Cumberland County 00 21.00 DANIEL MANCINI 01/11/2008 Sworn and Subscribed to before me this day of , A. D. I I IN THE COUiM OF COMMON PLEAS OF CUN COMMONWEALTH OF PENNSY] CIVIL ACTION - LAM COUNTY VANIA INDYMAC BANK, F.S.B. CIVIL 4pivision [FF VS GERALD FAIR at MARGARET A. F Case tuber: Type Pleading Compl int in Mortg e Foreclosure I )ANT Code nd Classification: Filed in Behalf Of. CERTIFICATE OF LOCATION 17 CARDINAL DR VE CARLISLE, PA 17(13 SOUTH MIDDLET VAN TOWNSHIP TAX I.D. # 40-24-0766-048 I Counkl of Record: Daniel J. Mancini, Esquire Attorn y at Law 201 A airview Drive Mona , PA 15061 (724) 28-4233 By: PA IIIEL71 MANCINI, ESQ. No. 39353 f ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW INDYMAC BANK, F.S.B. PLAINTIFF VS GERALD FAIR and MARGARET A. FAIR DEFENDANT CERTIFICATE OF LOCATION 17 CARDINAL DRIVE CARLISLE, PA 17013 SOUTH MIDDLETOWN TOWNSHIP TAX I.D. # 40-24-0760-048 CIVIL Division Case Number: 07-7482 Civil Term Type of Pleading Mortgage Foreclosure Praecipe for Default Judgment Code and Classification: Filed on Behalf Of: Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview Drive Monaca, 15061 (724) 72 -4 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 manc in i lawfirmncomcast. net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF VS CASE NO: 07-7482 Civil Term MORTGAGE FORECLOSURE GERALD FAIR and MARGARET A. FAIR DEFENDANTS AFFIDAVIT OF ACT 91 OF 1983 I, Daniel J. Mancini, Esquire, hereby affirm that I havettoplied with Act 6 and Act 91 of 1983, notice requirements in the above-captioned m r. Daniel J. Mancim; Esquire Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 manc in i lawfirm@comcast. net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF CASE NO: 07-7482 Civil Term VS MORTGAGE FORECLOSURE GERALD FAIR and MARGARET A. FAIR DEFENDANTS 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 17 Cardinal Drive, Carlisle, PA 17013, the real property to be sold in the within execution and the defendants in the judgment are GERALD FAIR AND MARGARET A. FAIR, whose last known address 1659 W 60`x' Place, Ocala, FL 34481. DATE: February 6, 2008 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 manc in ilawfirm@comcast. net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF VS CASE NO: 07-7482 Civil Term MORTGAGE FORECLOSURE GERALD FAIR and MARGARET A. FAIR DEFENDANTS AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 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. Defendants GERALD FAIR AND MARGARET A. FAIR are over 21 years of age. Defendants are 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 ote and mortgage secured upon the premises located at 17 Cardinal Drive, Carlisle, PA 17013. By: Daniel J. Mancini, Esq. SHERIFF'S RETURN - NUT r-UUNL CASE NO: 2007-07482 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND INDYMAC BANK FSB VS FAIR GERALD ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT FAIR MARGARET A but was unable to locate Her in his bailiwick. COMPLAINT - MORT FORE , He therefore returns the NOT FOUND , as to the within named DEFENDANT , FAIR MARGARET A 17 CARDINAL DRIVE CARLISLE, PA 17013 GIVEN ADDRESS IS VACANT. WATER AND ELECTRIC ARE SHUT OFF. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 So answers: R. Th a line Sheriff of Cumberland County DANIEL MANCINI 01/11/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-07482 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND INDYMAC BANK FSB VS FAIR GERALD ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT FAIR GERALD but was unable to locate Him in his bailiwick. COMPLAINT - MORT FORE He therefore returns the , NOT FOUND , as to the within named DEFENDANT FAIR GERALD 17 CARDINAL DRIVE CARLISLE, PA 17013 GIVEN ADDRESS IS VACANT. WATER AND ELECTRIC ARE SHUT OFF. Sheriff's Costs: So answer Docketing 18.00 Service 4,80 Not Found 5.00 R. Th s Kline Surcharge 10.00 Sheriff of Cumberland County .00 37.80 DANIEL MANCINI 01/11/2008 Sworn and Subscribed to before me this day of , A. D. Complete fleets 1, 2, and 3. Also oomplete Item 4 if PAsb Cted Delivery is desired. Print your name and address on the revwse so a can return the card to you. AtM his card to the back of the mailplees, or front If space permits. Arw dressed to: All, A. Sl lure ___ ._. Agent CI Acldresase B. Received by (P[i r L? C. Date of Delivery D. Is delivery address different from kern 1? 0 Yes If YES, enter delivery address below: 0 No 3 Type )C4 3C1 Q / / (/ fj 0 Registered ? Return Receipt for Men?andiae T '7 O 42J ? Insured Mail 0 cam 4. Restricted Delivery? Oft Fee) ? Yes Article Number l (rians?rrru,r,se+y?er 7007 0710 0001 2397 3825 3 Form 3011, February 2004 Domestic Return Receipt 102595-02-M-1540 Compielie lterns 1, 2, and 3. Also oomptete A Item 4 Nf std Delivery is desired. \t]--,m?f Leo MOO 1- - AOdmars on the reverse 1 J,4 gp tt yard to you. by(Pd c. Date of Delivery Attach.: to the back of the mailpkx* r -? cu on t N space permfts• D. Is delivery address dfferent from stern 1? GF Yes Article to if YES, enter delivery address below: 0 No 1•V (iV , ,- s. Type n C.artlfied d 0 Men ?7 ?? 13 Return Receipt for Merchandise O insured mail 0 c.o.D. 4. Reshlcted:Delivery? (Extra Fes) 0 Yes t Article Number 7006 2150 0002 9020 0945 t (7m-fer ft- swv" labs 3 Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 -T oD N f e ? I ? l S LL & ? LL r ¢ 0 o 5h60 0206 2000 OST2 900? 0 4?1 4 C J. LL I `?? it 1 ; _m Al 1Z 10 W 529E Z6E2 'C000 OT40 L004 CornplsW Rems 1, 2, and 3. Also complete A. item 4 if fiestricted Delivery is desired. J ent Print your name and address on the reverse ? Addressee r so that we can return the card to you. Attach this, card to the back of the mailplece, B. ,by (Printed N ) T ed q--DatQ of Delivery 4 •? 3 or on the front if space permits. Article Atld . tae /1 D. Is delivery address dnm t from Item 1 ? If YES, enter delivery address below: 0 Yes 0 No J i I % Ar) 3. Ice Type f Mail 0 Express Mail ? Registered 13 Retum Receipt f or Merchandise t g/ 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (fre Fee) 0 Yes Article Number service l 7006 (1lansfer.frorn 2150 0002 9020 0969 S Form 3811, February 2MX ' Domestic Retum Receipt 102595=a2-M-1540! I COrOft tom 1, 2, and 3. Also complete A. ItgT* V Oeliveiry Is desired. 0 Agent PrW your,f4m an'd address on the reverse x ©Addressar? so Mum the card to you. A to the back of the mallpieoe, B. by ` Name) C. of or 9f space permits. 0 d Artbl Md to: ' - D. Is delivery address different from item 1? Yes If YES, enter delivery address below: 0 No ) a =e Ma ? Express Mall 3 c/ T o C3 Registered ? Retum Receipt for Merdhandisa ? Insured mail 0 C.O.D. 4. Restricted. Dellvery? (Eft Fee) C) Yes, Article Numller 7006 2150 0002 9020 0952 Is form 3811, February 2004 Domestic Retum Receipt 102595.02-M-ts4a Ui 4? h°, i.ZLs. .j Now - ?c LL 6960 0206 2000 05't2 9004 W I . 8\ a i j cv ?e QO 1 K y I14 LL N LL r 2560 0206 2000 05'C2 900L Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancin i lawfirm@comcast. net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF CASE NO: 07-7482 Civil Term VS GERALD FAIR and MARGARET A. FAIR DEFENDANTS TO: Margaret A. Fair 17 Cardinal Drive Carlisle, PA 17013 MORTGAGE FORECLOSURE ^` "T COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS DU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS , AND ANY INFORMATION OBTAINED FROM YOU WILL DSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE 'w CIS CORRESPONDENCE IS NOT AND SHOULD NOT BE 0 AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS CEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE e you have failed to enter a written appearance personally or by attorney our defenses or objections to the claims set forth against you. Unless you late of this notice, a Judgment may be entered against you without a bperty or other important rights. You should take this notice to a lawyer ter or cannot afford one, go to or telephone the following office to find Lawyer Referral Services, 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 DATE OF NOTICE: January 22, 2008 a 0 N m c m. h. T M O C d 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. PLAINTIFF VS GERALD FAIR and MARGARET A. FAIR DEFENDANTS TO: Margaret A. Fair 16596 SW 60'h Place Ocala, FL 34481 DATE OF NOTICE: January 22, 2008 CIVIL ACTION - LAW CASE NO: 07-7482 Civil Term MORTGAGE FORECLOSURE T""' ..,,, ,. T' ..r ' COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS (OU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS o ??5 P03,-? J, AND ANY INFORMATION OBTAINED FROM YOU WILL ., m 'OSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE s 'HIS CORRESPONDENCE IS NOT AND SHOULD NOT BE PITNEY BOWES IE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS rJqQ RCEMENT OF LIEN AGAINST PROPERTY. 7 lLEtFf5fCt,`i.?/?7S t;(tF='f iiF l Ct? Q v? F J 0 z =1 a 0 Z CA LL o O J . LL O U a ww o U ?C v V c, o ya U U ku L) E co J a 03 LL? `o O Q F- O no . w I o a mo 3 c ?.. <a IMPORTANT NOTICE ?e you have failed to enter a written appearance personally or by attorney your defenses or objections to the claims set forth against you. Unless you Jate of this notice, a Judgment may be entered against you without a operty or other important rights. You should take this notice to a lawyer yer or cannot afford one, go to or telephone the following office to find Lawyer Referral Services, 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 0 N Z m c R ti co M E 0 LL. co a. 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 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. PLAINTIFF VS GERALD FAIR and MARGARET A. FAIR DEFENDANTS TO: Margaret A. Fair 4500 NW Blitchton Ocala, FL 34482 DATE OF NOTICE: January 22.2008 45 :v z z J °- O Z W o 1 CA V CA LL. W o a w w za r- Cl) J UO wU 1 -4 ETr C U N H O Ou) LL? W O jLL 1 v o 0 Q a m°- z (L m o` CIVIL ACTION - LAW CASE NO: 07-7482 Civil Term MORTGAGE FORECLOSURE COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS IOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS 4, AND ANY INFORMATION OBTAINED FROM YOU WILL 'OSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE 'HIS CORRESPONDENCE IS NOT AND SHOULD NOT BE E AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS tCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE ;e you have failed to enter a written appearance personally or by attorney ,our defenses or objections to the claims set forth against you. Unless you late of this notice, a Judgment may be entered against you without a )perty or other important rights. You should take this notice to a lawyer ,er or cannot afford one, go to or telephone the following office to find Lawyer Referral Services, 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 T 0 0 N f" 3 C ti C'7 0 Cn a 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)7284233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF CASE NO: 07-7482 Civil Term VS GERALD FAIR and MARGARET A. FAIR DEFENDANTS TO: Gerald Fair 17 Cardinal Drive Carlisle, PA 17013 DATE OF NOTICE: January 22, 2008 MORTGAGE FORECLOSURE -------- "LLECTOR ATTEMPTING TO COLLECT A DEBT. THIS I IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS IND ANY INFORMATION OBTAINED FROM YOU WILL • E. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE PITNEY Bowes CORRESPONDENCE IS NOT AND SHOULD NOT BE 01-050 ;N ATTEMPT TO COLLECT A DEBT, BUT ONLY AS iMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE ou have failed to enter a written appearance personally or by attorney defenses or objections to the claims set forth against you. Unless you of this notice, a Judgment may be entered against you without a rty or other important rights. You should take this notice to a lawyer or cannot afford one, go to or telephone the following office to find Lawyer Referral Services, 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 T 0 O N M c M r M 0 LL n 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)7284233 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. PLAINTIFF CASE NO: 07-7482 Civil Term E ? C tl. PITNEY BOWES 8s $001-050 GERALD FAIR and MARGARET A. FAIR DEFENDANTS TO: Gerald Fair 16596 SW 600i Place Ocala, FL 34481 DATE OF NOTICE: January 22.2008 Q VS CIVIL ACTION - LAW MORTGAGE FORECLOSURE -"DLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS U IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS 1ND ANY INFORMATION OBTAINED FROM YOU WILL SE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE S CORRESPONDENCE IS NOT AND SHOULD NOT BE kN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS EMENT OF LIEN AGAINST PROPERTY. 9'?i -- N z a -J a O Z o . LLJ O J v LL z O r V] . ? W z W W J Z< o? <o .a V V ? U ua wv „ E > W oz o Z ° ° a f' O a W on: O Wu. :) W 9 Zd d Ui = W0 } o a U rx o IMPORTANT NOTICE ,ou have failed to enter a written appearance personally or by attorney r defenses or objections to the claims set forth against you. Unless you of this notice, a Judgment may be entered against you without a rty or other important rights. You should take this notice to a lawyer or cannot afford one, go to or telephone the following office to find Lawyer Referral Services, 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 °o N M M M r co MFF O LL In a 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 mancin i lawfirm@comcast. net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. PLAINTIFF VS CASE NO: 07-7482 Civil Term GERALD FAIR and MARGARET A. FAIR DEFENDANTS TO: Gerald Fair 4500 NW Blitchton Ocala, FL 34482 CIVIL ACTION - LAW MORTGAGE FORECLOSURE DATE OF NOTICE: January 22, 2008 . _ .TUic Fru.h4-l.Q ..n.. rx=nx a0LLECTOR ATTEMPTING TO COLLECT A DEBT. THIS U IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS 'I'7q kND ANY INFORMATION OBTAINED FROM YOU WILL r ;E. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE 3 r .a?rr?er S CORRESPONDENCE IS NOT AND SHOULD NOT BE PITNEY BOWES kN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS 1-05F WENT OF LIEN AGAINST PROPERTY. E n f, N! r 2 L`,; o n, -4 40 a? z :5 a ? O Z o * 6 LL O W O < 61 U a LL = 7 a O CA J i W < ww < • ?r -°• VO CL • V - J > cr UJUJ cU 2z 0 9 -4 C to a 10 o? F In U JO ? LL v 2 W n O p W WO u ui m0 Md a IMPORTANT NOTICE 'ou have failed to enter a written appearance personally or by attorney defenses or objections to the claims set forth against you. Unless you of this notice, a Judgment may be entered against you without a rty or other important rights. You should take this notice to a lawyer or cannot afford one, go to or telephone the following office to find Lawyer Referral Services, 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 N Daniel J. Mancini, Esquire Attorney for Plaintiff C "J r ?Ft O LL a Daniel Mancini & Associates Daniel J. Mancini, Esq.. PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 manc in ilawfirm ocomcast. net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF CASE NO: 07-7482 Civil Term VS MORTGAGE FORECLOSURE GERALD FAIR and MARGARET A. FAIR DEFENDANTS RULE 236 NOTICE OF DEFAULT To: Gerald Fair 4500 NW Blitchton Ocala, FL 34482 You are hereby n fied that the following Order, Decree or Judgment has been entered against you on spy A Judgment of Default in the amount of S 239,099.62 plus costs. thonotary DK? 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 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm Ccomcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF CASE NO: 07-7482 Civil Term VS MORTGAGE FORECLOSURE GERALD FAIR and MARGARET A. FAIR DEFENDANTS RULE 236 NOTICE OF DEFAULT To: Gerald Fair 17 Cardinal Drive Carlisle, PA 17013 You are hereby n Vifie, that the following Order, Decree or Judgment has been entered against you on A Judgment of Default in the amount of $ 239.099.62 plus costs. 1, / ?1' Li P. thonotary byA 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 Daniel Mancini & Associates Daniel J. Mancini. Esq.. PA Bar ID: 39353 201 A Fairview Drive Monaca PA 15061 (724)728-4233 mancinilawfirm(aDcomcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF CASE NO: 07-7482 Civil Term VS MORTGAGE FORECLOSURE GERALD FAIR and MARGARET A. FAIR DEFENDANTS RULE 236 NOTICE OF DEFAULT To: Gerald Fair 16596 SW 60th Place Ocala, FL 34481 You are hereby ified that the following Order, Decree or Judgment has been entered against you on 266,0 A Judgment of Default in the amount of $ 239,099.62 plus costs. ?S/otjhonotary 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 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: 07-7482 Civil Term VS MORTGAGE FORECLOSURE GERALD FAIR and MARGARET A. FAIR DEFENDANTS RULE 236 NOTICE OF DEFAULT To: Margaret A. Fair 16596 SW 60'' Place Ocala, FL 34481 You are hereby not' ed that the following Order, Decree or Judgment has been entered against you on .2 1z Q6::?e A Judgment of Default in the amount of $ 239,099.62 plus costs. ro honotary m 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 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm?,komcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF CASE NO: 07-7482 Civil Term VS MORTGAGE FORECLOSURE GERALD FAIR and MARGARET A. FAIR DEFENDANTS RULE 236 NOTICE OF DEFAULT To: Margaret A. Fair 4500 NW Blitchton Ocala, FL 34482 You are hereby no 'Lied that the following Order, Decree or Judgment has been entered against you on .2 s- A Judgment of Default in the amount of $ 239,099.62 plus costs. C / a"-& ko M & othonotary aK6 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 Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)7284233 mancinilawfirm car comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF CASE NO: 07-7482 Civil Term VS MORTGAGE FORECLOSURE GERALD FAIR and MARGARET A. FAIR DEFENDANTS RULE 236 NOTICE OF DEFAULT To: Margaret A. Fair 17 Cardinal Drive Carlisle, PA 17013 You are hereby tifed that the following Order, Decree or Judgment has been entered against you on ?$ A Judgment of Default in the amount of $ 239,099.62 plus costs. S Li'- '. ro honotary DCA 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 w CLr e -TI -Ti } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW INDYMAC BANK, F.S.B. PLAINTIFF VS GERALD FAIR and MARGARET A. FAIR DEFENDANT CERTIFICATE OF LOCATION 17 CARDINAL DRIVE CARLISLE, PA 17013 SOUTH MIDDLETOWN TOWNSHIP TAX I.D. # 40-24-0760-048 CIVIL Division Case Number: 07-7482 Civil Term Type of Pleading Affidavit of Sheriff Service Code and Classification: Filed on Behalf Of: Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview Drive Monaca, M 15061 (724)72$-Q33 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 mancini lawfirm@comcast. net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF CASE NO: 07-7482 Civil Term VS MORTGAGE FORECLOSURE GERALD FAIR and MARGARET A. FAIR DEFENDANTS AFFIDAVIT OF SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE I, DANIEL J. MANCINI, ESQUIRE, attorney for Plaintiff in the above captioned action, deposes and says that on December 18, 2007 that I deposited in the U.S. mails certified mail with return receipt, a true and correct copy of the time stamped Complaint in Mortgage Foreclosure filed against the Defendants Gerald Fair and Margaret A. Fair. This copy of the Complaint was sent to the Defendant via Certified Mail. The Defendants Gerald Fair and Margaret A. Fair did sign for the Complaint in Mortgage Foreclosure on December 27, 2007, proofs of which are attached. Dated: February 14, 2008 Daniel J. Mancini, Esquire ?, c-; ? ?:? ? -= -s1 - ?" -r?s .. ° s (?,? , ..y, '-f ? ic^ .-. ? -? ' . ~? ??` ?9. : f ?} ? y S, r VS 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: 07-7482 Civil Term GERALD FAIR and MARGARET A. FAIR DEFENDANT CERTIFICATE OF LOCATION 17 CARDINAL DRIVE CARLISLE, PA 17013 SOUTH MIDDLETOWN TOWNSHIP TAX I.D. # 40-24-0760-048 Type of Pleading Mortgage Foreclosure Praecipe for Writ of Execution Code and Classification: Filed on Behalf Of: Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A F ' iew Drive Mona a, PA 15061 (724) 8-423 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 mancini lawfirm@comcast. net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. PLAINTIFF VS GERALD FAIR and MARGARET A. FAIR DEFENDANTS CIVIL ACTION - LAW CASE NO: 07-7482 Civil Term MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 To the Director of the Office of Prothonotary issue writ of execution in the above matter: Amount Due From 05/01/07 to 02/06/08 (based on contract rate of 6.25%) Dated this 6"' Day of February 2008. Note: Property Description attached. $ 239,099.62 Daniel J. Mancini, Esq. Attorney Bar No.: 39353 01-02 7-k) p "WO I U1 0 00 C`? T t ?O d 0 0 0 r ? D - r w Go C;-Ii f`l { T? ?a u T-109 FAI"I F-BIT Oot-II-2fIT 11:62no Frww EXHWTA ALL THAT CERTAIN tidal WA shoft In uth MWdWW bbwsT * Cutt&MM County. panuY?. bomded ani! dsra w BF6pMM04i a point an Qn DMIlm sidM of cwdkW D1N on to wit t* *Aft No bvtwssn Lob ND& 4 snd 6 on ttta ftw of WfIr ltntdfarr1d Plan d LdK than I by fha gLA*4 Wo bWMn t Aft Noo. k a and L and Lot Na 4 Op ON Plan Of LOU, NOM 3E dapna as frirsalq 30 MOOlldfi EwC 204,30 fistto a f?C 1iMroa by toad now or Cap" ??ba? l°Loa?ldoa. s.,` .?'f'?; a? seUnt a ihenoe dspnaa !i0 adn?Ms 30 Mooridsi INerd. 237.641setb a point On Un aasbm skM of aeeorrdsDdVKwwt.la0 tbbyat a omilm sd ofwMq I*W%?G. NdMst as mkww WMG Lot No. 4 of San: w J-2 of Plsn of Lots known as Fops Road ACM, mc*RW In plan Boeu z$ Papa a1. BONO kwAm wW mo6orod as 17 Cardlnsi drk % Cola PwwwAvaokn. I Cattsfy the to COW* In Cumboiand PA das of Docds 8sl 9..7s?033,8 r? r 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: 07-7482 Civil Term VS MORTGAGE FORECLOSURE GERALD FAIR and MARGARET A. FAIR DEFENDANTS 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 17 CARDINAL DRIVE, CARLISLE, PA 17013. Name and address of Owner(s) or reputed Owner(s): Gerald Fair and Margaret A. Fair 17 Cardinal Drive Carlisle, PA 17013 Name and address of Defendant(s) in the judgment: Gerald Fair and Margaret A. Fair 4500 NW Blitchton Ocala, FL 34482 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 Parmer Lane, Building D, First Floor, Austin, TX 78729 c/o Daniel J. Mancini, Esq. 201A Fairview Drive, Monaca, PA 15061 07-7482 Civil Term JUDGMENT SENT FOR RECORDING 2/14/2008 AMOUNT $239,099.62 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 1979-324 RECORDED 1/10/2007 AMOUNT $217,600.00 MERS, INC., AS NOMINEE FOR INDYMAC BANK, F.S.B. MERS ADDRESS: PO Box 2026, Flint, MI 48501 INDY ADDRESS: 155 North Lake Avenue, Pasadena, CA 91101 MBV&PG 1979-339 RECORDED 1/10/2007 AMOUNT$40,800.00 06-02 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 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 25TH Day of February 2008 06-02 rv' ^y, - 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 CASE NO: 07-7482 Civil Term MORTGAGE FORECLOSURE GERALD FAIR and MARGARET A. FAIR DEFENDANTS 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 17 CARDINAL DRIVE, CARLISLE, PA 17013. ALL THAT CERTAIN TRACT OF LAND SITUATE IN SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA. THE LOCATION of your property to be sold is: 17 CARDINAL DRIVE CARLISLE, PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO: 07-7482 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property GERALD FAIR and MARGARET A. FAIR . *--N .,-# 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 obtaintniel it in Co unty Court House before presentation to the Court. ncini, Es q. Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 manc ini lawfirm @comcast. net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF VS CASE NO: 07-7482 Civil Term MORTGAGE FORECLOSURE GERALD FAIR and MARGARET A. FAIR DEFENDANTS LONG PROPERTY DESCRIPTION ALL THAT CERTAIN tract of land sit4ale in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit t e BEGINNING at a point on the eastern side of Cardinal Drive, on the dividing line between Lots Nos. 4 and 5 on the hereinafter mentioned Plan of Lots; thence by the diving line between Lots Nos, 5, 7 and 8, and Lot No. 4 on said Plan of Lots, North 58 degrees 58 minutes 30 seconds East, 254.36 feet to a point; thence by land now or foam" of NO Otto, South 01 degree 25 minutes East, 115.02 feet to a point; thence by the divi ft line between Lots Nos. 3 and 4 on said Plan of Lots, South 58.degrees 58 minutes 30 seconds West, 237.54 feat to a point on the eastern side of Cardinal Drive: thence by the w4em side of said thrive. North 31 degnees 01 minute 30 seconds West. 100 feet to the place of BEGINNING. BEING Lot No. 4 of Sect J-2 of Plan of Lots known as f=orge Road Acres, reoorded in Plan Book 23, Page 61. BEING known and numbered as 17 Cardinal Driive, Carlisle, Pennsylvania. DWELLING KNOWN AS 17 CARDINAL DRIVE, CARLISLE, PA 17013 IDENTIFIED as TAX/PARCEL ID#: 07-7482 Civil Term in the Deed i? Office of Cumberland County, Pennsylvania. v iel J. ancini, 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 CASE NO: 07-7482 Civil Term VS GERALD FAIR and MARGARET A. FAIR DEFENDANTS MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Aliquippa, Pennsylvania on May 9, 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: MERS, INC., AS NOMINEE FOR INDYMAC BANK, F.S.B. MERS ADDRESS: PO Box 2026, Flint, MI 48501 INDY ADDRESS: 155 North Lake Avenue, Pasadena, CA 91101 CUMBERLAND COUNTY TAX CLAIM BUREAU 1 Courthouse Square Carlisle, PA 17013 By D ancini, Esq. Attorney for Plaintiff To: PS Form 3817, April 2007 PSN 7530-02-000-9065 * stamps or s or Certificate of MaiU ?p This Certificate of Mailmg provides evrdancetnatmail has been. presented to USPS® formaring This form m be used far ddorr?Y3ifc jand i emat' net meX. /? 1 From: mans .SSoClateS 201A Fairview A Monaca, JW 61 To: ' k Here PS Form 3817, April 2007 PSN 7530-02-000-9065 Certificate of Mafli A or This Certificate of Madiay Drovides evidence bet mail has been presented to USPS® for mailing ate;' ?' This forth maybe used for domestic and international. mat. m' From: Manes ssocia PA 2 alrview e v To: t' ?Y x k us'?' PS Form 3817, April 2007 PSN 7530-02-000-9065 UN/TED STATES J POSTAL SERVICE, Certificate Ut Owailin 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: Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)728-4233 mancinilawfirm@comeast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF VS CASE NO: 07-7482 Civil Term MORTGAGE FORECLOSURE GERALD FAIR and MARGARET A. FAIR DEFENDANTS 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 17 CARDINAL DRIVE, CARLISLE, PA 17013. MERS, INC., AS NOMINEE FOR INDYMAC BANK, F.S.B. MERS ADDRESS: PO Box 2026, Flint, MI 48501 INDY ADDRESS: 155 North Lake Avenue, Pasadena, CA 91101 MBV&PG 1979-339 RECORDED 1/10/2007 AMOUNT$40,800.00 CUMBERLAND COUNTY TAX CLAIM BUREAU 1 Courthouse Square Carlisle, PA 17013 YEAR 2007 AMOUNT $2,643.06 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 GERALD FAIR and MARGARET A. FAIR, known and numbered as 17 CARDINAL DRIVE, CARLISLE, PA 17013, 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 ho inst the said real estate will be divested by the sale and that you have an opportunity to protect ur int est, if any, by being notified of said Sheriffs Sale. DATE: May 9, 2008 BJ*e D . 5?? cini, Esq. Attorney for Plaintiff 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 CASE NO: 07-7482 Civil Tenn MORTGAGE FORECLOSURE GERALD FAIR and MARGARET A. FAIR DEFENDANTS LONG PROPERTY DESCRIPTION ALL THAT CERTAIN tract of land stl4ate In South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit BEGINNING at a point on the easteni side of Cardinal Drive, on the dividing line between Lots Floe, 4 and 5 on the hereinaller mentioned Plan of Lots; thence by the dividing line between Lots Nos. 5, 7 and 8, and Lot No. 4 on said Plan of Lots, North 58 degrees 58 minutes 30 seconds East, 294.38 led to a point: thence by lend now or formerly of No Otto. South 01 degree 25 minutes East, 115.02 lest bD a poWt thence by the dividing line between Lots Nos. 3 and 4 on said Plan of Lots„ South 58 degrees 56 minutias 30 seconds West, 237.54 feet to a point on the eastern side of Cardinal Drive: thence by the eastern side of said drk North 31 degrees 01 minute 30 seconds West, 100 feet to the place of BEING Lot No. 4 of Section J-2 of Plafn of Lots known as Forge Road Acres, recorded in Plan Book 23, Page 61. I BEING known and numbered as 17 Cardinal Drive, Carlisle, Pennsylvania. DWELLING KNOWN AS 17 CARDINAL DRIVE, CARLISLE, PA 17013 IDENTIFIED as TAX/PARCEL ID#: 40-24-0760-048 Civil Term ' t eed Registry Office of Cumberland County, Pennsylvania. l9anl€W. 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 mancinilawfirm@comcast.net IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF VS GERALD FAIR and MARGARET A. FAIR DEFENDANTS CASE NO: 07-7482 Civil Term 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 17 CARDINAL DRIVE, CARLISLE, PA 17013. Name and address of Owner(s) or reputed Owner(s): Gerald Fair and Margaret A. Fair 17 Cardinal Drive Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Gerald Fair and Margaret A. Fair 4500 NW Blitchton Ocala, FL 34482 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 07-7482 Civil Term JUDGMENT SENT FOR RECORDING 2/14/2008 AMOUNT $239,099.62 4. 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 1979-324 RECORDED 1/10/2007 AMOUNT $217,600.00 MERS, INC., AS NOMINEE FOR INDYMAC BANK, F.S.B. MERS ADDRESS: PO Box 2026, Flint, MI 48501 INDY ADDRESS: 155 North Lake Avenue, Pasadena, CA 91101 MBV&PG 1979-339 RECORDED 1/10/2007 AMOUNT$40,800.00 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: CUMBERLAND COUNTY TAX CLAIM BUREAU 1 Courthouse Square Carlisle, PA 17013 YEAR 2007 AMOUNT $2,643.06 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 9T" Day of May 2008 IL iel ancini, Esq. Attorney Bar No.: 39353 06-02 t? ^v C 'n Fig ?T' C.J C:D Co ..,r INDYMAC Bank, F.S.B. vs Gerald Fair and Margaret A. Fair In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-7482 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that on March 24, 2008, 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: Gerald Fair and Margaret A. Fair by making known them personally, its contents, said true and correct copy of the same via certified mail. Steve Bender, Deputy Sheriff, who being duly sworn, 02, 2008 at 1027hours, he posted a true copy of the within Re description, in the above entitled action, upon the property of located at 17 Cardinal Drive, Carlisle, Cumberland County, P R. Thomas Kline, Sheriff, who being duly sworn acco above Real Estate Writ, Notice, Poster and Description in the mailed a notice of the pendency of the action to the within nai and Margaret A. Fair by regular mail to their last known addr4 34482. This letter was mailed under the date of April 1, 2008 Office. ;ording to law, states that on April Estate Writ, Notice, Poster and ,rald Fair and Margaret A. Fair nsylvania according to law. ing to law, states he served the Rowing manner: The Sheriff d defendants, to wit: Gerald Fair ; of 45oo NW Blitchton, Ocala, FL id never returned to the Sheriffs R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Mancini. Sheriffs Costs: Docketing Poundage Posting Handbills Advertising Law Library Prothonotary Mileage Levy Surcharge Certified Mail Postpone Sale Law Journal Patriot News Share of Bills So Answers: -Ii of mates e, heriff BYJ,16'1?-," 1-0 Real Estate ergeant 30.00 16.43 15.00 15.00 .50 2.00 4.80 15.00 30.00 11.22 40.00 355.00 328.46 14.73 $ 878.14 ? 40lnP 9- J10-0 sv ?kGt,)39 12 a js-7,7z 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. CIVIL ACTION - LAW PLAINTIFF CASE NO:' 07-7482 Civil Term VS MORTGAGE FORECLOSURE GERALD FAIR and MARGARET A. FAIR DEFENDANTS 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 17 CARDINAL DRIVE, CARLISLE, PA 17013. Name and address of Owner(s) or reputed Owner(s): Gerald Fair and Margaret A. Fair 17 Cardinal Drive Carlisle, PA 17013 Name and address of Defendant(s) in the judgment: Gerald Fair and Margaret A. Fair 4500 NW Blitchton Ocala, FL 34482 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 Parmer Lane, Building D, First Floor, A TX 78729 c/o Daniel J. Mancini, Esq. 201A Fairview Drive, Mona PA 15061 07-7482 Civil Term JUDGMENT SENT FOR RECD ING 2/14/2008 AMOUNT $239,099.62 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 1979-324 RECORDED 1/10/2007 AMOUNT $217,600.00 MERS, INC., AS NOMINEE FOR INDYMAC BANK, IF. S.B. MERS ADDRESS: PO Box 2026, Flint, MI 48501 INDY ADDRESS: 155 North Lake Avenue, Pasadena, A 91101 MBV&PG 1979-339 RECORDED 1/10/2007 AMO $40,800.00 06-02 dr * 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 unworn falsification to authorities. Dated this 25TH Day of February 2008 l7ani Tncini, Esq. Attorney Bar No.: 39353 06-02 /`N 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, CUMBERLANb COUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. CIVIL ACTION - LAW PLAINTIFF CASE NO: 07-7482 Civil Term VS GERALD FAIR and MARGARET A. FAIR DEFENDANTS MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE ? PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriffs 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 17 CARDINAL DRIVE, CARLISLE, PA 17013. ALL THAT CERTAIN TRACT OF LAND SITUATE IN SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA. THE LOCATION of your property to be sold is: 17 CARDINAL DRIVE CARLISLE, PA 17013 THE JUDGMENT under or pursuant to which your proper is being sold is docketed in the within Commonwealth and County to: NO: 07-7482 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of th?s property GERALD FAIR and MARGARET A. FAIR Ilk A SCHEDULE OF DISTRIBUTION, being a list of the p sons 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 exceptio s 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 Courtho se. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO OE 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 T 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 a 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 from a with' County Court House before presentation to the Court. Esq. A Daniel Mancini & Associates Daniel J. Mancini, Esq., PA Bar ID: 39353 201 A Fairview Drive Monaca, PA 15061 (724)7284233 manc inilawfirm@comcast. net IN THE COURT OF COMMON PLEAS, CUMBERLANDICOUNTY PENNSYLVANIA INDYMAC BANK, F.S.B. PLAINTIFF VS GERALD FAIR and MARGARET A. FAIR DEFENDANTS CIVILACTION -LAW CASE NO: 07-7482 Civil Term MORTGAGE FORECLOSURE LONG PROPERTY DESCRIPTION ALL THAT CERTAIN tract of land situlate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as fQNCWS, to wit BEGINNING at a point on the eastern side of Cardinal Drive, on to dividing line between Lots Nos. 4 and 5 on the hereinafter mentioned Phan of Late; 8ience by the dividing We between Lots Nos, 5, 7 and 8, and Lot No. 4 on Said Plan of Lots. North 58 depr+eea 58 minutes 30 seconds East, 294.36 feet to a point tvnx by land now or formerly of NO Otto, South 01 degree 25 minuijes East, 115-02 feet to a point; thence by the Iine between Lots Nos. 3 and 4 on said Plan of Lots, South 58 degrees 58 minutes 30 seconds West, 237.54 feet a point on the eastern side of Cardinal Drive: thence by the eastern side of said drive, North 31 degrees 01 minute 30 seconds West, 100 feet to the placw of BEGINNING. I BEING Lot No. 4 of Section J-2 of Plan of Lots known a Forge Road Acres reoorded Plan Book 23, Page 61 BEING known and numbered as 17 Cardinal Driver Carlisle, Pennsylvania. DWELLING KNOWN AS 17 CARDINAL DRIVE, CARLISLE, PA 17013 IDENTIFIED as TAX/PARCEL ID#: 07-7482 Civil Term in the Deed Rgizistry Office of Cumberland County, Pennsylvania. Mancini, Esquire for Plaintiff AW WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7482 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 GERALD FAIR and MARGARET A. FAIR (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; kb) 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 hinvher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $239,099.62 L.L.$ 0.50 Interest from 5/01/07 to 2/06/08 (based on contract rate of 6.25%)!, Atty's Comm % Due Prothy $2.00 Atty Paid $177.80 Plaintiff Paid Date: 3/04/08 (Seal) Other Costs Aono Pry By: Deputy REQUESTING PARTY: Name DANIEL J. MANCINI, ESQUIRE Address: DANIEL J MANCINI & ASSOCIATES 201 A FAIRVIEW DRIVE MONACA, PA 15061 Attorney for: PLAINTIFF Telephone: 724-728-4233 Supreme Court ID No. 39353 C;?F, 1V Real Estate Sale # 77 On March 13, 2008 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 17 Cardinal Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 13, 2008 S fi :8 d 9- 8VW 8801 By. ?Jb Real Es 2t A ?er g*e at Cm 1% s J3183HS 3HII G ?Jl min 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 Cumberla State aforesaid, being duly sworn, according to law, deposes Journal, a legal periodical published in the Borough of Carlin was established January 2, 1952, and designated by the local periodical for the publication of all legal notices, and has, sir issued weekly in the said County, and that the printed notice exactly the same as was printed in the regular editions and is Journal on the following dates, 9. and May 16.2008 Law Journal, of the County and d says that the Cumberland Law in the County and State aforesaid, urts as the official legal January 2, 1952, been regularly publication attached hereto is -s of the said Cumberland Law 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 trine. for SWORN TO AND SUBSCRIBED before me this 16 day of av. 2008 _ N NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 MUL WWA'!'i i11i18a NO. 77 Writ No. 2007-7482 Civil INDYMAC Bank, F.S.B. vs. Gerald Fair and Margaret A. Fair Atty.: Daniel J. Mancini LONG PROPERTY DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern side of C dhW Dt*e, on the dMdk* H e between Lots Not. 4 and 5 an the hereinafter mentioned Plan of Lots; thence by the &vWing Me been Lots Nos. 5, 7 and 8, and Lot No. 4 on said Plan of Lots, North 58 degrees 58 minutes 30 seconds East, 294.36 feet to a point; thence by land now or formerly of No Otto, South 01 degree 25 minutes East, 115.02 feet to a point; thence by the dividing line between Lots Nos. 3 and 4 on said Plan of Lots, South 58 degrees 58 minutes 30 seconds West, 237.54 feet to a point on the eastern side of Cardinal Drive; thence by the eastern side of said drive, North 31 degrees O1 minute 30 seconds West, 100 feet to the place of BEGINNING. BEING Lot No. 4 of Section J-2 of plan of Lots known as Forge Road Acres, recorded in Plan Book 23, Page 61. BEING known and numbered as 17 Cardinal Drive, Carlisle, Penn- sylvania. DWELLING KNOWN AS 17 CARDI- NAL DRIVE, CARLISLE, PA 17013. IDENTIFIED as TAX/PARCEL ID#: 40-24-0760-048 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 1 , 1929 Commonwealth of Pennsylvania, County of auphin) 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 corporatio organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business a 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of T e Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market S reet, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 18 4, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto i exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated bel w. 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 ?17. PUBLICATION COPY This ad ran on the date(s) shown below: 04/23/08 04/30/08 05/07/08 Sworn to an scribed before me this 27 day of May, 2008 A.D. .40. 11 Notary Publi COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chyrie L. Sheppard, Nota Public City Of Harrisburg, Dauph' County My Commission Expires M 29, 2010 Member, Pennsylvania Association of Notaries Real Estale Sale #77 Writ No. 2W?-7482 CWII Term -INDYMAC Bank, F.S.B. VS Gerald Fair and Margaret A. Fair Attorney: Daniel J. Mancini DESCRIFWN ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Cardinal Drive, on the dividing line between Lots Nos. 4 and 5 on the hereinafter mentioned Plan of Lots; thence by the dividing line between Lots Nos. 5, 7 and 8, and Lot No. 4 on said Plan of Lots, North 58 degrees 58 minutes 30 seconds East, 294.36 feet to a point thence by land now or formerly of No Otto, South 01 degree 25 minutes East, 115.02 feet to a point; thence by the dividing line between Lots Nos. 3 and 4 on said Plan of Lots, South 58 degrees 58 minutes 30 seconds West, 237.54 feet to a point on the eastern side of Cardinal Drive; thence by the eastern side of said drive, North 31 degrees 01 minute 30 seconds West, 100 feet to the place of BEGINNING. BEING Lot No.4 of Section J-2 of plan of Lots known as Forge Road Acres, recorded in Plan Book 23, Page 61. BEING known and mrp tered as 17 Cardinal Dp EU jW INNN AS 17 CARDINAL DRMCARLSLE, FA 17013 IDEXnFIED as TAX PARCEL. Mt 40-24- 0760.0gg in the Deed Registry Office of Cumberland County , Pennsylvania. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW INDYMAC BANK, F.S.B. PLAINTIFF VS GERALD FAIR and MARGARET A. FAIR DEFENDANT CIVIL Division Case Number: 07-7482 Civil Term Type of Pleading Praecipe to Discontinue And Settle Case in Mortgage Foreclosure Code and Classification: CERTIFICATE OF LOCATION 17 CARDINAL DRIVE CARLISLE, PA 17013 SOUTH MIDDLETOWN TOWNSHIP TAX I.D. # 40-24-0760-048 Filed on Behalf Of: Plaintiff Counsel of Record: Daniel J. Mancini, Esquire Attorney at Law 201 A Fairview Drive Monaca, PA 15061 By: DANIEL J. M PA I.D. No. 39353 .0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA INDYMAC BANK F.S.B. VS. GERALD FAIR MARGARET A. FAIR CIVIL DIVISION FILE NO. 07-7482-CIVIL TERM 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. --X-- The within suit is Settled, Discontinued, Ended and costs paid. 2. ---- paid. the within suit is Settled, Discontinued, Ended WITHOUT Prejudice and costs Date: May 2.2009 WITNESS {if signer is other than a registered attorney}: Attorney Attorney or Notary Daniel J. Mancini. Esq. Type or print name of above signer COST PAYMENT VERIFICATION I UNDERSTAND THAT THE ABOVE ACTION CANNOT BE FILED AND DOCKETED UNTIL ALL COSTS HAVE BEEN PAID. INCLUDING SHERIFF'S COSTS: AND HEREBY TO UNSWORN FALSIFICATION TO AUTHORITIES Signature IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW INDYMAC BANK, F.S.B. PLAINTIFF VS GERALD FAIR and MARGARET A. FAIR DEFENDANT CERTIFICATE OF LOCATION 17 CARDINAL DRIVE CARLISLE, PA 17013 SOUTH MIDDLETOWN TOWNSHIP TAX I.D. # 40-24-0760-048 CIVIL Division Case Number: 07-7482-civil term Type of Pleading Praecipe to Satisfy Judgment And Settle case in Mortgage Foreclosure 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) 8-k233 By: DANIE J. MANCM,ESQ. PA I.D. No. 39353 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA INDYMAC BANK F.S.B. VS. GERALD FAIR MARGARET A. FAIR CIVIL DIVISION FILE NO. 07-7482-CIVIL TERM PRAECIPE AND POWER OF ATTORNEY TO SATISFY, SETTLE AND DISCONTINUE JUDGMENT 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. --X-- Satisfaction of Judgment with acknowledged and Plaintiff reserves right Defendant fail in their obligations to Plaintiff. Date: May 2.2009 WITNESS {if signer is other than a registered attorney}: interest and costs, in the within matter is to file a new Foreclosure Action should Signature of authorizing party Attorney Attorney or Notary Daniel J. Mancini. Eso. Type or print name of above signer COST PAYMENT VERIFICATION I UNDERSTAND THAT THE ABOVE ACTION CANNOT BE FILED AND DOCKETED UNTIL ALL COSTS HAVE BEEN PAID. INCLUDING SHERIFF'S COSTS: AND HEREBY VERIFY ALL COSTS HAVE BEEN PAID. I UNDERSTAND THAT FALSE STATEMENTS TO UNSWORN FALSIFICATION TO AUTHORITIES Signature V R 1?- -',Fr ?: - TAPY 2009 MA iY -4 Ph 1: 3 t - /I