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HomeMy WebLinkAbout04-0104FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAiNTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, iNC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff DAVID E. GLASSER KITTY M. GLASSER 711 BLOSERVILLE ROAD NEWVILLE, PA 17241 COURT OF COMMON PLEAS CiVIL DiVISION TERM No. /orp CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by 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 #: 85375 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID, LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO 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. 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 #: 85375 Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 The name(s) and last known address(es) of the Defendant(s) are: DAVID E. GLASSER KITTY M. GLASSER 711 BLOSERVILLE ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 08/30/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1770, Page 2446. 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 09/01/2003 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 #: 85375 The following amounts are due on the mortgage: Principal Balance Interest 08/01/2003 through 01/08/2004 (Per Diem $18.24) Attorney's Fees Cumulative Late Charges 08/30/2002 to 01/08/2004 Cost of Suit and Title Search Subtotal $84,715.11 2,936.64 1,250.00 122.36 $ 550.00 $ 89,574.11 Escrow Credit 0.00 Deficit 24.88 Subtotal $ 24.88 TOTAL $ 89,598.99 The attomey'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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAiNTiFF demands an in rem Judgment against the Defendant(s) in the sum of $ 89,598.99, together with interest from 01/08/2004 at the rate of $18.24 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: FEDERMAN AND PHEI~AN~J~LI~ff/, FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 85375 ALL that certai.n tract of land with the improvements thereon situate in the V#liage of Bloserville, Upper Frankforci Township, Cumberland County, Pennsylvania, bounded and described as follows: PROPERTY ADDRESS: 711 BLOSERVILLE ROAD On the north by a ct'oss str~t; on the east by an alley; on the south by proPerty now or formerly of N°Ss; and on the west by Main Street. HaVing a frontage of sixty- one feet a[ong Main Street and a depth of one hundred ninety feet. Containing forty-two and one-half perches. VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unswom falsifications to authorities. DATE: Attorney for Plaintiff SHERIFF'S RETURN - CASE NO: 2004-00104 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTP~ATI VS GLASSER DAVID E ET AL REGULAR ROBERT BITNER , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE GLASSER DAVID E DEFENDANT , at 1529:00 HOURS, on the at 711 BLOSSERVILLE ROAD NEWVILLE, PA 17241 DAVID GLASSER a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 30th day of January 2004 by handing to - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 20.70 Affidavit .00 Surcharge 10.00 .00 48.70 Sworn and Subscribed to before me this y~ day of ./~ ~J~O ~ A.D. ~ ;Prothonotary ~ So Answers: R. Thomas Kline 02/02/2004 FEDERMAN & PHELAN SHERIFF'S RETURN - REGULAR CASE NO: 2004-00104 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS GLASSER DAVID E ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according says, the within COMPLAINT GLASSER KITTY M DEFENDANT at 1529:00 at 711 BLOSSERVILLE ROAD NEWVILLE, PA 17241 DAVID GLASSER, a true and attested copy of to law, - MORT PORE was served upen the HOURS, en the 30th day of January , 2004 by handing to ADULT IN CHARGE COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of / /Prothonotary' ' · 80 Answers: R. Thomas Kline 02/02/2004 FEDERMAN & PHELAN By: 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, DAVID E. GLASSER KITTY M. GLASSER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 04-104-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against DAVID E. GLASSER and KITTY M. GLASSER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereo£ and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint h~terest from 1/8/04 to 3/3/04 TOTAL $89,598.99 $1,021.44 $90,620.43 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., ICL No. 32227 FRANCIS S. HALLINAN, ESQ., IcL No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (? ~ ~) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff DAVID E. GLASSER KITTY M. GLASSER Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DIVISION : CUMBERLAND COUNTY : NO. 04-104 CIVIL TO: DAVID E. GLASSER 711 BLOSSERVILLE ROAD NEWVlLLE , PA 17241 DATE OF NOTICE: FEBRUARY 20, 2004 THIS FIRM tS A DEBT COLLECTOR ATTEMPTING TO COLLECF A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCI4ARGE 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 AGAfNST PROPERTY. IMPORTANT NOT/CE 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 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 (? I s) 5a~-7000 MORTGAGE ELECTRONIC REGISTRAtiON SYSTEMS,/NC. Plaintiff DAVID E. GLASSER KITTY M. GLASSER Defendants AWFORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 04-104 CML TO: KI'I-I'Y M. GLASSER 711 BLOSSERVILLE ROAD NEWVILLE, PA 17241 DATE OF NOTICE: FEBRIIAR¥ 20, 2004 THIS FIRM 1S A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. Writs NOTICE IS SENT TO YOU 1N AN ATI'EMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEWED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATI'EMPT 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 COU-NqT BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - CASE NO: 2004-~00104 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS GLASSER DAVID E ET AL REGULAR Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 30th day of January , by handing to ROBERT BITNER Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT PONE GLASSER DAVID E DEFENDANT , at 1529:00 HOURS, at 711 BLOSSERVILLE ROAD NEWVILLE, PA 17241 DAVID GLASSER a true and attested copy of COMPLAINT - MORT FORE together with 2OO4 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 20.70 Affidavit .00 Surcharge 10.00 .00 48.70 So Answers: R. Thomas Kline 02/02/2004 ¢ FEDERMAN & PHELAN Sworn and Subscribed to before A.D. Prothonotary 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 Plaintiff, DAVID E. GLASSER KITTY M. GLASSER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-104-CML 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 DAVID E. GLASSER is over 18 years of age and resides at, 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241. (c) that defendant KITTY M. GLASSER is over 18 years of age, and resides at, 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON SITUATE IN THE VILLAGE OF BLOSERVILLE, UPPER FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANL% BOUNDED AND DESCRIBED AS FOLLOWS: ON THE NORTH BY A CROSS STREET; ON THE EAST BY AN ALLEY; ON THE SOUTH BY PROPERTY NOW OR FORMERLY OF NOSS; AND ON THE WEST BY MAIN STREET. HAVING A FRONTAGE OF SIXTY-ONE FEET ALONG MAIN STREET AND A DEI~rH OF ONE HUNDRED NINETY FEET. CONTAINING FORTY-TWO AND ONF~ HALF PERCHES. Vesdn~ Informalian: Vested by: Special Warrnnty Deed dated 0~-30-02, given by Charles L. Holtry, Jr., and Sus~m M. Holtry, his wife W David E. Glasser and KJ(iy M. Glasser, his wife, their heirs and assigns rccorclcd 08-304)2 in Book: 253 Pa~e 1958 PROPERTY ADDRESS: 71 l BLOSERVILLE ROAD, NEWVILLE, PA 17241 TAX PARCEL: ff43-12-2922 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 Plaintiff, DAVID E. GLASSER KITTY M. GLASSER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 04-104-CIVIL Notice is given that a Judgment in the above-captioned matter has been entered against you on 200¥. DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IIe YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE 1N 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.** FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHii~ADELPItlA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff~ DAVID E. GLASSER KITTY M. GLASSER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-104-CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) 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 Attomey for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, DAVID E. GLASSER KITTY M. GLASSER Defendant(s). No. 04-104-CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 3/3/04 to JUNE 9, 2004 (per diem -$14.90) TOTAL $90,620.43 $1,460.20 and Costs $92,080.63 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 TRACT OF LAND WITH THE IMPROVEMENTS THEREON SITUATE IN THE VILLAGE OF BLOSERVILLE, UPPER FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: ON THE NORTH BY A CROSS STREET; ON THE EAST BY AN ALLEY; ON THE SOUTH BY PROPERTY NOW OR FORMERLY OF NOSS; ~ ON THE WEST BY MAIN ~'tREET. HAVING A FRONTAGE OF SIXTY-ONE FEET ALONG MAIN STREET AND A DEPTH OF ONE HUNDRED NINETY FEET. CONTAINING FORTY-TWO AND ONE.- HALF PERCHES. Ves#nR Information: Vested by:. Special Warranty Deed dated 08-30-02, given by Charles L. Holtry, Jr., and Susan IVL Holtry, his wife to David E. Glasser and Kitty M. Glasser, his wife, their heirs and assigns ~ecordcd 0830-02 in Book: 253 Page 19.58 PROPERTY ADDRESS: 7! l BLOSERVILLE ROAD, NEWVILLE, PA 17241 TAX PARCEL: #43-12-2922 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-104 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 DAVID E. GLASSER AND KITTY M. GLASSER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $90,620.43 L.L. $.50 Interest FROM 3/3/04 TO 6/9/04 (PER DIEM - $14.90) - $1,460.20 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $146.70 Other Costs Plaintiff Paid Date: MARCH 9, 2004 (Seal) CURTIS R. LONG Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, DAVID E. GLASSER KITTY M. GLASSER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-104-CIVIL 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 ,711 BLOSERVILLE ROAD, NEW-VILLE, 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) DAVID E. GLASSER 711 BLOSERVILLE ROAD NEWVILLE, PA 17241 KITTY M. GLASSER 711 BLOSERVILLE ROAD NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgrnent creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: NarBe Last Known Address (if address cannot be reasonably ascertained, please indicate) WAYPOINT BANK 449 EISENHOWER BOULEVARD HARRISBURG, PA 17111 5. Name and address of every other person who has any record lien on the property: SaiTle 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. Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Nflllle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 711 BLOSERVILLE ROAD 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. March 3, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, DAVID E. GLASSER KITTY M. GLASSER Defendant(s). TO: DAVID E. GLASSER 711 BLOSERVILLE ROAD NEWVILLE, PA 17241 CUMBERLAND COUNTY No. 04-104-CIVIL March 3, 2004 KITTY M. GLASSER 711 BLOSERVILLE ROAD NEWVILLE, PA 17241 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOTREAFFIRMED, THIS IS NOTAND SHOULD NOTBE CONSTRUED TO BE AN A TTEMP T TO COLLECT A DEB T, B UT ONLY ENFOR CEMENT OF A LIEN AGAINST PR OPER TY. * * Your house (real estate) at ,711 BLOSERVILLE ROAD, 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 $90,620.43 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 SherifPs 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 Shefiffthe 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 Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict yotl. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately a~er 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 LAND WITH THE IMPROVEMENTS THEREON SITUATE IN THE VILLAGE OF BLOSERVILLE, UPPER FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: ON THE NORTH BY A CROSS STREET; ON THE EAST BY AN ALLEY; ON THE SOUTH BY PROPERTY NOW OR FORMERLY OF NOSS; AND ON THE WEST BY MAIN STREET. HAVING A FRONTAGE OF SIXTY-ONE FEET ALONG MAIN STREET AND A DEPTH OF ONE HUNDRED NINETY FEET. CONTAINING FORTY-TWO AND ONE- HALF PERCHES. Vesting Information: Vested by:. Special Warranty Deed dated 08-3~02, given by Charles L. Holtry, Jr., and Susan M. Holtry, his wife to David Glasser and KJt~y M. Gla~er, his wife, Ihelr heirs and assigns recorded 08-30=02 in Book: 2S3 Page t958 PROPERTY ADDRESS: 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241 TAX PARCEL: ff43-12-2922 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. DAVID E. GLASSER KITTY M. GLASSER ) CIVIL ACTION ) ) CIVIL DIVISION ) NO. 04-104-CIVIL 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 March 10 2004 true and correct copies of the Notice of SherifFs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: April 30, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff $ 01.200 MARLO 200~ ZipCODE ! 91 ~3 Mortgage Electronic Registration Systems, Illc. VS David E. Glasser and Kitty M. Glasser In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-104 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Poundage 6.72 Posting Handbills 15.00 Advertising 15.00 Mileage 13.80 Levy 15.00 Surcharge 30.00 Law Journal 186.35 Patriot News 213.28 Share of Bills 29.26 Law Library .50 Prothonotary 1.00 $555.91 paid by attorney 05/25/04 Sworn and subscribed to before me So An3wer~: This ~2~/(e day of ~ ~~ ~~ ~ ~ R. Thomas Kline, Sheriff Prothonotary Real Estate Deputy MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC. Plaintiff, DAVID E. GLASSER KITTY M. GLASSER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-104-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiffin 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 ,711 BLOSERVILLE ROAD, NEWVILLE, PA 17241. I. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DAVID E. GLASSER 711 BLOSERVILLE ROAD NEWVILLE, PA 17241 KITTY M. GLASSER 711 BLOSERVILLE ROAD NEWVILLE, PA 17241 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WAYPOINT BANK 449 EISENHOWER BOULEVARD HARRISBURG, PA 17111 5. Name and address of every other person who has any record lien on the property: Nanle 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. Salrle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: SalBe Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 711 BLOSERVILLE ROAD 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 tree 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. March 3, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION sYSTEMS, INC. Plailltiff, DAVID E. GLASSER KITTY M. GLASSER Defendant(s). TO: DAVID E. GLASSER 711 BLOSERVILLE ROAD NEWVILLE, PA 17241 CUMBERLAND COUNTY No. 04-1O&C1Y1L March 3, 2004 KITTY M. GLASSER 711 BLOSERVILLE ROAD NEWVILLE, PA 17241 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.. ** Your house (real estate) at ,711 BLOSERVILLE ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland Count} Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $90,620.4 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgage against you. In the event the sale is continued, an announcement will be made at said sale in com[ 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: L The sale will be cancelled if you pay to the mortgagee the back payments, late costs and reasonable attorney's fees due. To find out how much you must pay, call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike e judgment, if the judgment was improperly entered. You may also ask the Cma 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 attomey,) 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 rr 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 sa 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 owne' 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 and the SherilT gives a deed to the buyer, At that time, the buyer may bring legal proceedings you. 6. You may be entitled to a share of the money which was paid for your house. A sc distribution of the money bid for your house will be filed by the Sheriffwithin 30 days of · schedule will state who will be receiving that money. The money will be paid out in accor~ this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed, Sheriffwithin ten (I0) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home ba immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 7 A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OF! 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, DAVID E. GLASSER KITTY M. GLASSER Defendant(s). TO: DAVID E. GLASSER 711 BLOSERVILLE ROAD NEWV1LLE, PA 17241 CUMBERLAND COUNTY No. 04-104-CIVIL March 3, 2004 KITTY M. GLASSER 711 BLOSERVILLE ROAD NEWVILLE, PA 17241 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEM?T TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN A GAINST PROPERTY.. * * Your house (real estate) at ,711 BLOSERVILLE ROAD, 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 enfome the court judgment of $90,620.43 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 Sheriff's Sale, you must take immediate action: k 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 Sheriff the 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 Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON SITUATE IN THE VILLAGE OF BLOSERVILLE, UPPER FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: ON THE NORTH BY A CROSS STREET; ON THE EAST BY AN ALLEY; ON THE SOUTH BY PROPERTY NOW OR FORMERLY OF NOSS; AIMi) ON THE WE.ST BY MAIN STREET. HAVING A FRONTAGE OF SIXTY-ONE FEET ALONG MAIN STREET AND A DEPTH OF ONE HUNDRED NINETY FEET. CONTAINING FORTY-TWO AND ONE- HALF PERCHES. Vtslin~, Information: Vested by:. Spin:iai Warranty Deed da~ed 08-30~02, given by Charles L. Holtry, Jr., and Susan M. Holtry, his wife to David E. Glasser' and Kitly M. Glasser, his wife, their heirs and assigns recorded 08~30~2 irt Boo~ 253 Page 1958 PROPERTY ADDRESS: 711 BLOSERVILLE ROAD, NEWVILLE, PA 17241 TAX PARCEL: ff43-12-2922 Real Estate Sale #68 On March 10, 2004 the sheriff levied upon the defendant's interest in the real property situated in Upper Frankford Township, Cumberland County, PA Known and numbered as 711 Bloserville Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 10, 2004 Real Estate Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, ! 929), P. L. 1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND SS, Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL E~TA~E ~ALE NO. 68 Writ No. 2004-104 Civil Mort~gage Electronic RegisB'a~on Sysmms. lnc. Dared E. Glasser ~d ~tW M. Glasser AtW,: ~ Fedeman LEG~ DESC~P~ON ~L ~T C~RT~N ~ct of land ~ ~e impr~emen~ ~ereon ~tu ate In ~e Village cf Blose~le, Up- per Fm~ord To--ship, Cumber- ON ~ ~R~ by a ~ on th~ East ~ an alley; on ~u~ by prope~ ~w or fomerly of Noss; ~d on ~e West by Sgeet. Ha~ng a fron~ge feet ~ong M~n S~t ~d a dep~ of one hundred mne~ feet. Con~n- 30 day of APRIL 2004 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Bom, Cumhedand County My Commisslo~ Expires March 5, 2005 David E. Glasser Kitty M. Glasser Arty.: Frank Federman LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the lr~provements thereon situ- ate in the Village of Blose~rille, Up- per Frankford Township. Cumber- land County. Pennsylvania. bounded and described as follows: ON THE NORTH by a cross street; on the East by an alley; on the South by property now or formerly of Noss; and on the West by Main Street, Having a f~ontage of feet along Main Street and a depth of one hundred ninety feet, Contain- ing forty, two and one-half perches. VESTING INFOP~r~ATI ON: Vested by: Special Warran~ Deed dated 08-30-02, given by Charles L. Holtry. Jr., and Susan M, Holtry, his wife to David E, Glasser and Kit~ M. Glasser, his wife, their heirs and assigns recorded 08-30-02 in Book: 253 Page 1958. pROPERTY ADDRESS: 711 Blos- ervllle Road, Newvfile, PA 17241. T~X PAI~CEL: #43-12-2922, SWOR~/~O AND SL3B~t~am~, 30 __day of APRIL 200 NOTARIAL SEAL LOiS E. SNYOER, Nota~j PublJ Carlisle Bom, Cumberland Cour My Commission Expires March 5, · be atriat-Ne 5 <a. RO. Box 2265 HARRISBURG, PA 17105 (717) 255-S~ O0 DUPLICATE BILL CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ACCOUNT #:CUMB020 RUN DATE S I Z E PATE AMOUNT TAGL INE 4/27/04 5.50 12.82 $ 70.51 SALE ~ 68 5/04/04 5.50 12.82 $ 70.51 SALE ~ 68 5/11/04 5.50 12.82 $ 70.51 SALE ~ 68 NOTARY 1.75 $ 1.75 SALE # 68 TOTAL: $ 213.28 THE PATRIOT NEWS THE SUNDAY 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 County of ~)a~hin in Misc~laneous Book "M', Volume 14, Page 317. PUBLICATION ............................................................................. COPY Sworn to and subscribed bef{~re r~,t.h~ 28th day.~f May..,~04 A.D. Terry L Russell, No,,,,~ Public I a~, of Harrisburg, D~uphin County ~ NOTARY PUBLIC ~y Commission Expires June o, 2006 I ' June 6, 2oo61 My commiss on ex~) res June 6 2006 M~mber, Pennsylvania Assoclationef Nola~les - - ' CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 213.28 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. Mortgage Electronic Registration Systems, Inc. VS Timothy D. Cole and Theresa D. Cole a/k/a Theresa D. Debarr In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-103 Civil Tem~ R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Poundage 21.34 Posting Handbills 30.00 Advertising 30.00 Law Library .50 Prothonotary 1.00 Levy 30.00 Mileage 22.08 Postpone Sale 20.00 Surcharge 40.00 Out of County 9.00 Franklin County 43.60 Law Journal 414.20 Patriot News 367.12 Share of Bills 29.26 5; 1088.10 Sworn and subscribed to before me This Id''e day of ~ 2004, A.D. (~/~,_ ~2 ~,.., ,~ Prothonotary R. Thomas Kline, Sheriff Real E~ate Deputy MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, TIMOTHY D. COLE THERESA D. COLE AflCJA THERESA D. DEBARR Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-I03 CIVIL 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, 108 VALLEY STREET, SUMMERDALE, PA 17093. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TIMOTHY D. COLE 112 MARCO CIRCLE, APT. 1 SHIPPENSBURG, PA 17257 THERESA D. COLE A/K/A 108 VALLEY STREET THERESA D. DEBARR SUMMERDALE, PA 17093 2. Nmne 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: NalYle None Last Known Address (if address carmot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Nmne and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 108 VALLEY STREET SUMMERDALE, PA 17093 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 1 verify that the statements made in this affidavit are tree 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. March 8, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, TIMOTHY D, COLE THERESA D. COLE A/K/A THERESA D. DEBARR Defendant(s). TO: TIMOTHY D. COLE 112 MARCO CIRCLE, APT. SHIPPENSBURG, PA 17257 CUMBERLAND COUNTY No. 04-103 CIVIL March 8, 2004 THERESA D. COLE A/K/A THERESA D. DEBARR 108 VALLEY STREET SUMMERDALE, PA 17093 **THIS F1RA/[ IS.4 DEBT COLLECTOR ~ITTEMPTING TO COLLECT.4 DEBT.4ND .4NY INFORM.4TION OBT~41NED WILL BE USED FOR TH.4T PURPOSE. 1F YOU H.4 VE PREVIOUSLY RECEIVED .4 DISCH/IRGE IN BANKRUPTCY .4ND THIS DEBT W.4S NOT RE/IFF1RMED, THIS IS NOT~4ND SHOULD NOTBE CONSTRUED TO BE .4N /i TTEMPT TO COLLECT'4 DEBT,, B UT ONLY ENFORCEMENT OF A LIEN.4 G.41NSTPROPERTY. ** Your house (real estate) at, 108 VALLEY STREET, SUMMERDALE, PA 17093, is scheduled to be sold at the Sheriff's Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $96~374.19 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 Sheriff's 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. Yon 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 SheriWs 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 Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. lfthe 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 Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately atter the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THOSE CERTAIN parcels, lots or pieces or ground situate in ~ To~hip nf ~ P~bo~, ~n~' of Currish. ~d S~ of Pennsyl~nia, ~rc p=li~larly bam~ and descri~ as fallows, m wit: ~ACT ~ in a Weswrty d~n ~om ~e Nor~w~t ~mer of Vall~ St~ a~ rim Street; ~ ~ a No~ly 8it~inn along ~ W~l~n li~ o[ ~t Ns, 6 ~t~n "AL om bu~ ~ ~i~ (1~) ~ry I~ of ~ ~id a~y lh~ (30) [~l m a ~im; ~ ~ a ~lb~ a~n ~o,~g ~ ~crn ti~ 0f~ NO. 8, S~]on ~A~, ~ h~d~ ~ ~ix~ (1~) fc~ ~ the No~ ~ linc of VnlI~ S~; ~o~e ~ ~ ~ly ~ti~ ~g ~ No~ ~u~ lhe of VaU~ ~f~t, ~i~y (13) f~t ~ a ~jm, ~ pl~ ofb~Jng. BEING Lot No. 7, Secli00 "A'. of the Plan of S~nmerd~le, sa~d Plan b~ing recorded in the of lb0 RecoVer of Dee~ in and for C~mberla~l County, Penmylvania, in Plan Book 1. Po~e 4~. HAVING THEREON E ,RF..C'TED a two-story frame dwelling house, ~mw~ and numbered Valley Stroet, formerly 7 Valley lo'eat, Summcrdale, Pean~lvania, 17093. TRACT//2 BI,GINNING at a [mist on the Noah side of Valk'y Su'~et at t~ ~ ~e of ~ No. 7, ~e N~w~dly aJ~g I~t No, 7, 0~ hu~ m~ si~y (1~) f~t ~ a SiX~ (1~ f~ all~; ~ ~ly alo~ thc S~e~ fine of said ~, ihirly(~) fc~ Io I~ W~Ci~ li~ of ~ No, 5 on ~id plan; t~ ~y a~ ~ W~ ]i~ of ~t No. 5, o~ huM~ ~d ~&ty (1~) ~ BEING Lot No. 6, $cctlon "A' in ~he Plan of $ummetd'ala, ad,joitlini Traal #l $ on the East. formerly owned by Pa~ E. Brmle and Mar~a L. Btcst/e, his wife, a~ offic~ of the Rccot0ex of D~d~ itl and ft~ ~ Coumy of Cumbeflnnd an~ Smt~ of Pennsylvania in Plan Book J, P~e 44. ~ TO SAID ~"~lSl~ I~ VI~TED IN' Timo~y D. Cole and Theresa A. Debart, as joint l~lants wilh ~,e righ! of ~'v~vo~hi~ by De~ from Daniel W. Harsh ant/JaaeUe L. H,.~sh, his wife, dated 4i'3011999 and recorded 5t~1999 in Rixorg Ik~ok 199, Page I. Tax P~reel #09-12~2995-O47 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENS'~SYLVANIA) NO 04-103 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 TIMOTHY D. COLE AND THERESA D. COLE A/IFUA THERESA D. DEBARR (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) Y~u are als~ directed t~ attach the pr~perty ~f the defendant(s) n~t ~evied up~n in the p~ssessi~n of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjo/ned 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) ~f pr~perty ~f the defendant(s) n~t ~evied up~n an subject t~ attachment is f~und in the p~ssessi~n of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. AmountDue $96,374.19 L.L. $.50 Interest FFROM 3/10/04 TO 6/9/04 (PER DIEM - $15.84) - $1,457.28 AND COSTS Atty's Cornm % Due Prothy $1.00 Atty Paid $302.99 Other Costs Plaintiff Paid Date: MARCH 9, 2004 (Seal) CURTIS Ro LONG Prothonota~,~ REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Deputy Real Estate Sale #67 On March 10, 2004 the sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 108 Valley Street, Summerdale, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 10, 2004 ! Real Estate Deputy 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 Joumai, 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 officiai legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE 8ALE NO. 67 Writ No. 2004-103 Clvll Mortgage Electronic Registration Systems, Inc. vs, Timothy D. Cole and Theresa D. Cole a/k/a Theresa D. Debarr Atty.: Frank Federman ALL THOSE CERTAIN parcels, lots or pieces of ground situate In the Township of East Pennsboro, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: TRACT #1 BEGINNING at a point on the Northern line of Valley Street; two hundred and twenty-six (226) feet In a Westerly direction from the Northwest corner of Valley Street and First Street; thence in a North- erly direction/dong the Western line SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 LOIS E. 8NYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 Atty.: Frank Federman ALL THOSE CERTAIN parcels. lots or pieces of ground situate in the Township of East Pcnnsboro. County of Cumberland, and State of Pennsylvania, more particularly bounded and descrlbed as follow~, to v~t: TRACT # 1 BEGINNING at a point on the Northern line of Valley Street; two hundred and twenty-slx [226} feet In a Westerly direction from the Northwest corner of Valley Street and First Street; thence in a North- erly direction a]ong the Western line of Lot NO. 6 Section 'A", one hun- dred and sixty [160) feet to a point on a sixteen [16) foot alley: thence in a Westerly direction along the Southern boundary line of the said alley thirty {30) feet to a point; thence in a Southern direction along the Eastern Hne of Lot No. 8~ Sec- tton "A", one hundred and sixty {160) feet to the Northern boundary line of Valley Street; thence in an East- erly direction along the Northern boundary line of Valley Street, thirty [13} feet to a point, the place of be- ginning, BEING Lots No. 7, Section of the Plan of Summerdale, said Plan being recorded in the Office of the Recorder of Deeds in and for Cum- berland County, Pennsylvania. in Plan Book 1, Page 44, HAVING THEREON ERECTED a two-story frame dwelling house, known and numbered as 108 Val- ley Street. formerly 7 Valley Street, Summerdale, Pennsylvania, 17093. TRACT #2 BEGINNING at a point on the North side of Valley Street at the Eastern line of Lot No. 7. thence Northwardly along Lot No. 7, one hundred and sixty (160) feet to a sixteen {16) foot alley; thence East- wardly along the Southern line of said alley, thirty (30) feet to the West- em line of Lot. No. 5 on said plan; thence Southwardly along the West- em line of LOt No. 5, one hundred and sixty {160} feet to the Southern line of Valley Street, thirty (30) feet to a point, the place of beginning. BEING Lot No. 6, Section ~A~ in the Plan of Summerdale, adjoining Tract #1 as referenced above, on the East, formerly owned by Rex E, Brestle and Martha L. Brestie, his wife, as recorded in the office of the Recorder of Deeds in and for the County of Cumberland and State of Pennsylvania in Plan Book 1, Page 44. TITLE TO SAID PREMISES IS VESTED IN Timothy D, Cole and Theresa A. Debarr, as joint tenants with the right of survivorship by Deed from Daniel W. Hersh and Jo- nolle L. Hersh, his wife, dated 4/ 30/1999 and recorded 5/6/1999 in Record Book 199, Page 1. Tax Parcel #09-12-2995~047 LOIS E. SN Ca~tisle Bor( My Commissio 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} cf 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 County of pauphin in Miscellaneous Book "M", Volume 14, Page 317. / i / ~'- //]/~.,.,~..~ .,,~/,.~ PUBLICATION ......................................................................... ~~ COPY Sworn to and sub y 2/~ A.D. ' ~' ' '" I '.-.~-"'JissionExpirss Ju~e0,20uo NO'FARY PUBLIC R~.AL L~y comrn olNo ' Member, pennsylvan a/~to¢l&t~°n '-My commission expires June 6, 2006 .nlaal 3 CUMBERLAND COUNTY SHERIFFS OFFICE ~ CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 367.12 Publisher's Receipt for Advertising Coat The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News. newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. the I'~orthwest corner el Valley Street and Firsl Street: thence in a Northerly direedon along thePubli,=h®r'$ Receipt for AdYerti$ing Cost Western line of Lot No. 6 Seedon iai, one hundred and sixty (160) feet to a point on a 3., publisher of The Patriot-News and The Sunday Petrie sixteen 16 foot alley; thence in a Westerly direction along the Southern ~unda~ ne of the ge receipt of tho aforesaid notice and publication costs said alley thitry (30) feet to a point; thence in a Southern direatlOn along the Eastam Eae of Lot No. 8, Secton iai. one huedled and sixty (160) feet Io the Norther~ boundary line of Val-ley By ............... Street; thence in an Easterly direction along the Nortbern boundary line of Valley SUeet, thirty (30) feet to a point, thc place of BEGINNING. BEING Lot No. 7, Section iai, of the Plan of Summerdale, said Plan being n~corded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. in Plan Book 1, Page 44. HAVING thereon erected a txvo-sto~ frame dwelling house, knowa and numbered as 108 Valley Street, formerly 7 Valley Street, Summerdale, Pennsylvania 17093. TRACT ~: BEOIN~iNG at a point on the Norih side of Valley Strezt at the Eastern line of Lot No. 7, thence Nolthwardly along Lot No. 7, one hundred and sixty (160) feet to a sixteen (16) foot alley; thence Eastwardly along the Southern line of said alley~ thirty (30) feet to the Western line of Lot No. 5 on said pla~; thence Southwardly along the Western line of Lot No. 5, one hundled and sixty (160) feet to the Southern line of Valley Sheet, thllty (30) feet to a point, the place of BEGINNING, BEING Lot No, 6, Section IAi in the Plan of Summerdale, adjoining Tract #1 as referenced above, on the East, formerly owned by Rex E. Bresge and Maltha L Bresrle, his wife, as recorded in the office of the Recorder of Deeds in sad for the County of Cumberland and State of Pennsylvania in Plan Book 1, Page 44. TITLE TO SAID premises is vested in Timothy D. Cole and Theresa A, Dabarr, as joint tenants with the right of survivorship by Deed f~om Daniel W. Hersh and 3anelle L. Hersh, his wife, dated 4/30/1999 and gcorded 5/6/1999 in Record Book 199, Page 1, TAX PARCEL No. 09-12-g9934}47.