Loading...
HomeMy WebLinkAbout03-6321FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL1NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff ROBBIE S. SHOFF 58 WEST BIG SPRING AVENUE NEWVILLE, PA 17241 COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY TONYA M. SHOFF 58 WEST BIG SPRING AVENUE NEWVILLE, PA 17241 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File #: 83415 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 WR/TING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO 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 R/GHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORECE A LIEN ON REAL ESTATE. File #: 83415 Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: AURORA LOAN SERVICES, INC. 601 5m AVENUE SCOTTSBLUFF, NE 69361 The name(s) and last known address(es) of the Defendant(s) are: ROBBIE S. SHOFF 58 WEST BIG SPRING AVENUE NEWVILLE, PA 17241 TONYA M. SHOFF 58 WEST BIG SPRING AVENUE NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 04/14/2000 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COLUMBIA NATIONAL, INCORPORATED which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1606, Page 338. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File#: 83415 The following amounts are due on the mortgage: Principal Balance Interest 04/01/2003 through 12/03/2003 (Per Diem $12.62) Attorney's Fees Cumulative Late Charges 04/14/2000 to 12/03/2003 Cost of Suit and Title Search Subtotal $86,523.35 3,117.14t 1,250.00 451.05 $ 550.00 $ 91,891.54 Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 91,891.54 The attorney's fees set forth above are in conformity with the mortgage documents mad Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTWF demands an in rem Judgment against the Defendant(s) in the sum of $ 91,891.54, together with interest from 12/03/2003 at the rate of $12.62 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property, By: FEDERM AND PHELAN, L · /s/Francis S. Hallinan FRANK FEDEt~MAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 83415 ~ch 26, 1996 in ~he o~t~ o~ ~e ~e~ ~g ~a ~n ~ ~o~ P~IS~S BEING~, 5B ~ST BIC SPRING A~ VERIFICATION Richard T. Martin hereby states that she is SENIOR VICE PRESIDENT of AURORA LOAN SERVICES mortgage servicing agent for Plaintiff in this matter, that she is author/zed to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are tree and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa, C,S, Sec, 4904 relating to unswom falsification to authorities. DATE: Richard T. Martin Sr. Vice President FEDERMAN AND PHELAN, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC Attorney For Plaintiff COURT OF COMMON PLEAS REGISTRATION SYSTEMS, INC. C1VIL DIVISION v. NO. 03-6321 C.T. ROBB1E S. SHOFF CUMBERLAND COUNTY TONYA M. SHOFF SUGGESTION OF DEATH RE: DEFENDANT TONYA M. SHOFF AND RELEASE OF DEFENDANT'S LIABILITY COMMONWEALTH OF PENNSYLVANIA: FRANCIS S. HALLINAN, ESQUIRE, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief, the Defendant, TONYA M. SHOFF is deceased -- date of death on or about 7/28/02. As the, property was owned by defendants, TONYA M. SHOFF and ROBBIE S. SHOFF as tenants by the entireties, upon the death of TONYA M. SHOFF, ROBBIE S. SHOFF became sole owner of the mortgaged premises as surviving tenant by the entirety. Dated: FEDERMAN AND PHELAN Attorney for Plaintiff FEDERMAN AND PHELAN, LLP BY: Francis S. Hallman, Esquire Identification No. 62695 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC Attorney For Plaintiff COURT OF COMMON PLEAS REGISTRATION SYSTEMS, iNC. ROBBIE S. SHOFF TONYA M. SHOFF CWIL DIVISION NO. 03-6321 C.T. CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Suggestion of Death Re: TONYA M. SHOFF was sent via first class mail to the following on the date listed below: Dated: ROBBIE S. SHOFF 58 WEST BIG SPRiNG AVENUE NEWVILLE, PA 17241 Attorney for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2003-06321 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS SHOFF ROBBIE S ET AL GERALD WORTHINGTON , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE SHOFF ROBBIE S DEFENDANT , at 1855:00 HOURS, at 243 REDWOOD LANE CARLISLE, PA 17013 ROBBIE S SHOFF a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 12th day of December , together with by handing to 2003 and at the same time directing His attention to the contents thereof. Additional Comments 58 WEST BIG SPRING AVENUE IS VACANT. Sheriff's Costs: Docketing 18.00 Service 4.14 Affidavit .00 Surcharge 10.00 .00 32.14 Sworn and Subscribed to before me this /~ day of ~"~ (j So Answers: R. Thomas Kline ~''~'' ~ 12/15/2003 FEDERMAN & PHELAN Deputy Sh~iff SHERIFF'S RETURN - CASE NO: 2003-06321 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERL~ND MORTGAGE ELECTRONIC REGISTRATI VS SHOFF ROBBIE S ET AL NOT SERVED R. Thomas Kline , Sheriff , according to law, says, that he made a diligent the within named DEFENDANT to wit: SHOFF TONYA M unable to locate Her in his bailiwick. COMPLAINT - MORT FORE who being duly sworn search and inquiry for but was He therefore returns the the within named DEFENDANT SHOFF TONYA M NOT SERVED , as to 58 WEST BIG SPRING AVENUE NEWVILLE, PA 17241 DEFENDANT IS DECEASED. KILLED IN CAR ACCIDENT 7/28/02. Sheriff's Costs: Docketing 6 Service Affidavit Surcharge 10 16 00 00 00 00 00 00 So answers: R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 12/15/2003 Sworn and subscribed to before me FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, ROBBIE S. SHOFF Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6321 C.T. PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against ROBBIE S. SHOFF, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 12/29/03 to 2/9/04 TOTAL $91,891.54 $542.66 $92,434.20 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ, Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (2~5) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC SYSTEMS, 1NC. Plaintiff REGISTRATION : COURT OF COMMON PLEAS : CML DMSION : CUMBERLAND COUNTY ROBBIE S. SHOFF TONYA M. SHOFF Defendants TO: ROBB]E S. SHOFF 243 REDWOOD LANE CARLISLE, PA 17013 : NO. 03-6321 CIVILTERM FILE COPY DATE OF NOTICE: JANUARY 27, 2004 THIS FIRM IS A DEBT COLLECTOR A'ITEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.I~ YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2003-06321 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS SHOFF ROBBIE S ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, SHOFF ROBBIE S DEFENDANT , at at 243 REDWOOD LANE CARLISLE, PA 17013 ROBBIE S SHOFF a the within COMPLAINT - MORT FORE was served upon the 1855:00 HOURS, on the 12th day of December , 2003 true and attested copy of COMPLAINT by handing to - MORT FORE together with and at the same time directing His attention to the contents Additional Comments 58 WEST BIG SPRING AVENUE IS VACANT. thereof. Sheriff's Costs: Docketing 18.00 Service 4.14 Affidavit .00 Surcharge 10.00 .00 32.14 Sworn and Subscribed to before me this day 0f~ A.D. prothonotary So Answers: R. Thomas Kline 12/15/2003 FEDERMAN & PHELAN Deputy Sh~if f FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215} 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 Vo ROBBIE S. SHOFF Plaintiff, Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6321 C.T. VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ROBBIE S. SHOFF is over 18 years of age and resides at ,243 REDWOOD LANE, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with !~*~ptovem~ats thereon er~c-I~cl, sittm~ in th~ Borough of Nt~wvtlle, ~ County, Pennsylvania, more partie~lnrly bounded and described as follows: BI~IN'~NG a~ a goim at Big Spring Aveaue, fonnerly ~1~ ~, ~ ~i~ ~in8 ~ ~ion of ~e ~ ~ ~ B~ S~ Ave~e w~ ~ N~ !~ of C~ ~; ~ ~ng ~e ~m I~e of Big ~g Av~, N~ 16 3/4 ~ ~t, 56 ~ ~ ~s ~ a ~ ~ ~o~ ~ ~w or for~rly of C. W~, S~th 73 1/4 ~g~s ~ ~ ~t ~ a ~t; ~ ~o~ ~ N~ I~ ~ ~t ~, ~u~ 65 1~ ~s (~ ~t ~ ~ ~ 1~ TITLE TO SAID PREMI~ IS YF.,,e'l~ IN RoMic S. Shoff and Tonya M. Shoff, Hi~ Wife by 13~ed from De~k J. t,&trkel and ~ D. Himmeh'iglat, now by nmrriage C~,~ie D. Markel, H~ Wife dated 4/14/2000 and ~ 4/14/2000 in Po~ord I~aok 219 Pag~ 4~6. PROPERTY ADDRESS: 58 WEST BIG SPRING AVENUE, NEWVILLE, PA 17241 TAX PARCEL: #28-20-1754-004 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.1LC.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, ROBBIE S. SHOFF Defendant(s). No. 03-6321 C.T. TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest fi.om 2/9/04 to JUNE 9, 2004 (per diem -$15.19) TOTAL $92,434.20 $1,837.99 and Costs $94,272.19 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. LEGAL DESCRIPTION ALL THAT CERTAIN fi'act of land with hnprovemcnts thctcOn er~q~d, situate in thc Borough of Ne~,qlle, Cumberland County, Penn*ylwn~n= mor~ pm'ticul~ly bounded nnd descril~xl ~s follows: BEOINNINO at a poim at Big Sprin$ Avenuc. ~y ~1~ ~, ~ ~im ~ing ~ in~ of ~e ~ 1~ ~ B~ 3~ Aveme w~ ~e N~ I~ of ChUm ~; ~ ~ ~ ~m l~e of Big Sp~'~ Av~, N~ 16 314 ~ ~t, 56 ~ ~ ~s ~ a ~ ~ M~ ~ ~ or lordly of C. W~, S~ 73 1/4 ~s ~ ~ ~ ~ a ~t; &~ ~ TO. SAID PREMISES IS YF,,,~qa'~ IN P, obt~ S. Sboff and Tonya M. $1~fff, HIs Wife by Deed from Dcn:k J. Mark$1 and Ct~lsie D. Himmckigbt, now by marriag~ Ombie D. Mar~L His Wife dated 4/14/20{~ ri.mt teca)lded 4114/'2:000 ill Record [look ~:19 Page 4a~. PROPERTY ADDRESS: 58 WEST BIG SPRING AVENUE, NEWVILLE, PA 17241 TAX PARCEL: #28-20-1754-004 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-6321 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From ROBBIE S. SHOFF (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You am 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) Ifproperty 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 $92,434.20 L.L. $.50 Interest FROM 2/9/04 TO 6/9/04 (PER DIEM - $15.19) - $1,837.99 AND COSTS Atty's Corem % Due Prothy $1.00 AttyPaid $130.14 Other Costs Plaintiff Paid Date: FEBRUARY 11, 2004 (Seal) CURTIS R. LONG REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Cour~ ID No. 12248 Deputy FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PI4ILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, ROBBIE S. SHOFF Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6321 C.T. CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, ROBBIE S. SHOFF Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6321 C.T. AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,58 WEST BIG SPRING AVENUE, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROBBIE S. SHOFF 243 REDWOOD LANE CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: NalTle None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: mai'ne None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. maiTle Last Known Address (if address cannot be reasonably ascertained, please indicate) Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Attention: John Murphy 6th Floor, Strawberry Square Department 280601 Harrisburg, PA 17128 Internal Revenue Service Federated Investors Tower 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Department of Public Welfare TPL Casualty Unit Estate Recovery Program P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 58 WEST BIG SPRING AVENUE NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 9, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, ROBBIE S. SHOFF Defendant(s). TO: ROBBIE S. SHOFF 243 REDWOOD LANE CARLISLE, PA 17013 CUMBERLAND COUNTY No. 03-6321 C.T. February 9, 2004 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTE ** Your house (real estate) at, 58 WEST BIG SPRING AVENUE, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgmant of $92~434.20 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder, You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money, The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE~ GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION .All. THAT CERTAIN tract of laad with h,l!,a)vemcuts thereon e~'ect~x{, situa~ in thc Borough of Newvllle, Cualbeltand County, Pennsylwni~, mocu particularly bounded and dcscrib~ as follows: TI'i'LE TO .~JD PRF_M{SES IS VF.~-l'El~ IN RoM~ S. Shoff and Tonya M. Shoff, His Wife by Deed from Dcrek J. Matkei and Chu{sie D, Himmciright, uow by maniagc C~,nlsie D. Markel, His Wife dated 4114/2000 and n~t~led 4/14/2000 in Reeo~ Boak 219 Paga 436. PROPERTY ADDRESS: 58 WEST BIG SPRING AVENUE, NEWVILLE, PA 17241 TAX PARCEL: #28-20-1754-004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. ROBBIE S. SHOFF ) CIVIL ACTION ) ) CIVIL DIVISION ) NO. 03-13321C.T. AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS~ INC. hereby verify that on ]February 17~ 2004 true and correct copies of the Notice of Sheriff's sale were served by ,certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: May 4, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plzdntiff o~ ~^ $ 02.100 0004300377 FEB17 2004 MAILED FROM ZIPCODE 19103 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND .~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Aurora Loan Serv Inc is the grantee the same having been sold to said grantee on the 9th day of June A.D., ~004, under and by virtue of a writ Execution issued on the 1 lth day of Feb, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 6321, at the suit of Mtg Elec Ree Systems Inc against Robbie S Shoffis duly recorded in Sheriff's Deed Book No. 263, Page 3562. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ , A.D2004 day of ~fDeeds Mortgage Electronic Registration Systems,/nc. VS Robbie S. Shoff In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-6321 Civil Term Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on March 01, 2004 at 2:41 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Robbie S. Shoff, by making known unto Gerlinda Shoff, wife of Robbie S. Shoff, at 243 Redwood Lane, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2004 at 10:45 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Robbie S. Shofflocated at 58 West Big Spring Ave., Newville, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to the within named defendant, to wit: Robbie S. Shoff, by regular mail to his last known address of 243 Redwood Lane, Carlisle, PA 17013. This letter was mailed under the date of April 06, 2004 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 9, 2004 at I0.'00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Aurora Loan Services, Inc. It being the highest bid and best price received for the same, Aurora Loan Services, Inc. of 601 5th Avenue, Scottsbhiff, NE 69361, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of $726,28. Sheriff's Costs: Docketing $30.00 Poundage 14.24 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 14.42 Levy 15.00 Surcharge 20.00 Law Journal 232.85 Patriot News 232.5 l Share of Bills 29.26 Distribution of Proceeds 25.00 Shefift's Deed 41.50 $ 726.28 Sworn and subscribed to before me So Answers: This~ ff~ day o~-~ R. Thomas Kline, Sheriff 2004, A.D. ~'Pr0thonotary 't'' ~' 'T/<~, Real Estat(~Deputy MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, ROBBIE S. SHOFF Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6321 C.T. AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praccipe for the Writ of Execution was filed the following information concerning the real property located at ,58 WEST BIG SPRING AVENUE, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROBBIE S. SHOFF 243 REDWOOD LANE CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Nallle Last Known Address (if address cannot be reasonably ascertained, please indicate) Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Attention: John Murphy 6t~ Floor, Strawberry Square Department 280601 Harrisburg, PA 17128 Internal Revenue Service Federated Investors Tower 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Department of Public Welfare TPL Casualty Unit Estate Recovery Program P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 58 WEST BIG SPRING AVENUE NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. February 9, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, ROBB1E S. SHOFF Defendant(s). TO: ROBBIE S. SHOFF 243 REDWOOD LANE CARLISLE, PA 17013 CUMBERLAND COUNTY No. 03-6321 C.T. February 9, 2004 * *THIS FIRM IS A DEBT COLLECTOR A J'I'EMPTING TO COLLECT A DEBT AND ANY INFORMATION OB TA1NED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTE ** Your house (real estate) at ~ 58 WEST BIG SPRING AVENUE, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $92~434.20 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE ' To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390, 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION THAT CERTAIN' tt~ct of land with hnprovem.~ats flt~reon ~r~ct~d, sltua~ in the Borough of New. He, Cumberland County, Pennsylv,*n~n~ mot~ l~rficularly bounded and described ns follows: TtlLH TO. SAIl) PREMISES IS V]~-/'~.t) IN Robble S. Sboff and Tonya M. Slmff, Hi~ Wifc by Deed from Derek L Markcl and Cl~i~ie D, ~ighC, now by nutrriage CT, d~ie D. Merkel, His Wif~ dated 4114/'2000 ~ teoM'ded 4/14/2000 in Record [kmk 2L9 I~ 456. PROPERTY ADDRESS: 58 WEST BIG SPRING AVENUE, NEWVILLE, PA 17241 TAX PARCEL: #28-20-1754-004 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-6321 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERiFF OF CUMBERLAND COUNTY: To satisfy the debt, interest aod costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From ROBBIE S. SHOFF (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 aitactx 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 $92,434.20 L.L. $.50 Interest FROM 2/9/04 TO 6/9/04 (PER DIEM - $15.19) - $~,837.99 AND COSTS Atty's Corem % Due Prothy $1.00 AttyPaid $130.14 OtherCosts Plaintiff Paid Date: FEBRUARY 11, 2004 (Seal) CURTIS R. LONG Prothonot~ ~.~ Deputy REQUESTING PARTY: Name FRANK FEDERNIAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Real Estate Sale #30 On March 01, 2004 the sherifflevied upon the defendant's interest in the real property situated in Newville Borough, Cumberland County, PA Known and numbered as 58 West Big Spring Ave., Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 01, 2004 By:-J~c'~.~/~ Real Esta'fe Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 27th day(s) of April and the 4th and 11th day(s) of May 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has 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 Cou~n in~.t~scella_neous Book Volume 14, Page 317. PUBLICATION COPY Sworn to and-~l~t~d before n)e~l~is 28th day ~a2/~ A.D. s A,E #30 L REAl=lEAL E~1'41~14t/~i No. 30No. ~ ~ ~y C~m~ ~r~ ~ =~ I NOTARY PUBLIC ~:~ ~i ~ember, Pennlylvinia ~sociat~n el Not ~rles  My ~mmission expires June 6, 2006 CUMBER~ND ~U~ SHERIFFS OFFICE ~, ~A- ~ ' CUMBERED ~ ~SE ~ CARLISLE, PA. 17013 '.,~:~~ Statement of Advertising Costs ~ . ~ ~ ~, ToTHE PATRIOT-NEWS CO., Dr. ~o~: For publishing the notice or publication attached . ~ = ~ ~ a ~ ~ hereto on the above stated dates ~ ~ ~ ~ ~ Publisher's Receipt for Advertising Cost ~..~, ~~ ~ ~., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general ~C~3~ 3e receipt of the aforesaid notice and publication costs and ce~ifies that the same have ~~"--: By .................................................................... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 16, 23, 30, 2004 Affiant further deposes that he is author/zed to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. REAL ESTATE ~LE NO. 30 Writ No. 2003-6321 Civil Mortgage Electronic Registration Systems, Inc. Robbie S. Shoff Atty.: Frank Federman LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with improvements thereon erected, situate in the Borough of Newvllle, Cumberland County, pennsylvania, mom particularly hounded and de- scribed as follows: BEGINNING at a point at Big Spning Avenue, formerly Railroad Street, said point being the inter- section of the Eastern line of Big Spring Avenue with the Northern line of Chestnut Street; thence along the Eastern line of Big Spring Avenue, North 16 3/4 degrees East, 56 feet ~~sa M~Editor SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 LOIS E. SNYDER, Notary Public Carlisle Bore, Cumberland County My Commission Expires March 5, 2005 Writ No, 2003-6321 Civil Mortgage Electronic Registration Systems, Inc. vs. Robbie S. Shoff Atty.: Frank Federman LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with improvements thereon erected, atuate in the Borough of Newville, Cumberland County, Permsylvania, more particularly hounded and scribed as follows: BEGINNING at a point at Big Spring Avenue, formerly Railroad Street, satd point being the inter- section of the Eastern line of Big Spring Avenue with the Northern line of Chestnut Street; thence alon[ the Eastern line of Big Spring Avenue, Norlh 16 3/4 de~rees East, 56 feet 04 inches to a post; thence along land now or formerly of C. Wagner, South 73 1/4 degrees East, 66 feet to a post; thence along the North- ern l/ne of Chestnut Street, South 65 1/2 degrees (erroneously set forth as 64 1/2 degrees in prior deeds) West, 91 feet to a point, the place of beginning. TITLE TO SAID PREMISES IS VE~TED IN Rohbie S. Shoff and Tonya M. Shooff, His Wife by Deed from Derek J. Markel and Chelsie D. Himmelright, now by marriage Chelsie D, Markel, His Wife dated 4/14/2000 and recorded 4/14/ 2000 in Record Book 219 Page 436. PROPERTY ADDRESS: 58 West Big Spring Avenue, Newville, PA 17241. TAX PARCEL: #28-20-1754-004. (f~a Marie Coyrp, Editor SWORN TO AND SUBSCRIBE[ 30 _day of APRIL 20( N~ATii~j[; EAL LOIS E. 8NYDER, Notary Publi, Carlisle Bom, Cumberland Coun My Commission Expires March 5,: