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HomeMy WebLinkAbout01-0770 FXFEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE DENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (715) 563-7000 PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET DES MOINES,/A 50392 Plaintiff DANIEL J. DURF 4410 CARLISLE ROAD, A/K/A LOT 39 CARLISLE ROAD GARDNERS, PA 17324 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIE ACTION - I,AW COMPI,AINT IN MORTGAGE FORECEO,~IIRE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 13758768 Plaintiff is PRINCIPAL RESDENTIAL MORTGAGE, 1NC. 711 HIGH STREET DES MOINES, IA 50392 The name(s) and last known address(es) of the Defendant(s) are: DANIEL J. DURF 4410 CARLISLE ROAD, A/K/A LOT 39 CARLISLE ROAD GARDNERS, PA 17324 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 3/26/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AVSTAR MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1534, Page 1027. 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 principaI and interest upon said mortgage due 10/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default m such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance h~terest 9/1/00 through l/l/01 (Per Diem $24.09) Attorney's Fees Cumulative Late Charges 3/26/99 to 1/1/01 Cost of Suit and Title Search Subtotal $I 17,218.85 2,963.07 4,000.00 1,245.50 550.00 $125,977.42 Escrow Credit 0.00 Deficit 514 ~ 1 Subtotal 5g 514 11 TOTAL $126,491.53 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event ora third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 126,491.53, together with interest from 1/1/01 at the rate of $24.09 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, L/~Fr~ank Federman ' FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ALL THAT CERTAIN tract ot' land, situate in C)ickJnson Township, in the County of Cumberland, Commonweait.h of I=ennaylvania, bounded and deecrlbed as follow~: BEGINNING at a point in the centerline of PA 34 (SR 0034) at the northeast corner of Lot #38 on the hereinafter referred to Plan; thence along line of said Lot #38 l~/orth 58 degrees 58 minutes 46 seconds West 181.?B feet to a point in line of land now or formerly of Reading Railroad; thence along said line of land now or forrnarly of Reading Railroad North 42 degrees 23 minutes 40 seconds East 825.22. feet to a point in line of Lands now or formerly of Donald E. mrehm; thence along said line of lands now or a point in the centeH/ne of said PA 34 (SR 0034); thence along said centerline of said PA 34 (SR 003<~) South 31 degrees 01 minute 14 seconds West 579.71 feet to a point, the place of EEGINNING. CONTA/NING a total lot area of 1.6692 acres, including the portion o~ said premises under and sul~ject tt~e dedicated right-of-way line of PA 34 (aR 0034); and being L(~t No. 3g on a SLd:x:livision Ptan for Michaux Meadows. Phase Il, as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book 6,~, Page 42. BEING part oft. he property which was conveyed to Leone ~;. Chronister and Roger E. ~owam by Lynn E. $owem and Martha G. So~m. his wife; and Kad E. ~owem and GJora M. S~em, his Wife, by de~ dated O~ober 23, 1975, and reco~ in the Offi~ of ~e RecoVer of Oe~s in and for Cumberland Coun~ ~n ~eed Book ~'H", Volume Leone ~. Chronister died on January 23, 1998. and by Letters of Administration i~u~ by ~e ~ of the Register of ~ls in and for Adams Coun~ du~y issued. 4410 ~ISLE ROAI), A/K/A LOY 39 CA_RLISLE ROAD VERIFICATION VICKIE JAKSICH hereby states that she is MANAGER OF FORECLOSUq~E of PRINCIPAL RESIDENT/AL MORTGAGE, 1NC. mortgage servicing agent for Plaintiffin this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of 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: SHERIFF'S RETURN - REGULAR CASE NO: 2001-00800 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRINCIPAL RESIDENTIAL MORTGAGE VS DURF DANIEL J DAWN KELL , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE DURF DANIEL J DEFENDANT , at 4410 CARLISLE at 0014:05 HOURS, on the ROAD Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 23rd day of February , 2001 GARDNERS, PA 17324 DANIEL DURF a true and attested copy of COMPLAINT 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 6.20 Affidavit Surcharge 10.00 .00 34.20 Sworn and Subscribed to before me this .~£---~ day of So Answers: R. Thomas Kline ~-~'~ ~ 02/2~/2001 FEDERMAN & PHEL~ZN Deputy Sheriff FEDERMAN AND PHELAN, L.L.P. BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Blvd. Philadelphia, PA 19103-1814 (215) 563~7000 PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET DES MOINES, IA 50392 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION VS. DANIEL J. DURF 4410 CARLISLE ROAD A/K/A LOT 39 CARLISLE ROAD GARDENS, PA 17324 Plaintiff CUMBERLAND COUNTY NO: 01-800 Defendant(s) SIIGGESTION OF RECORD CHANGE RE: PARAGRAPH #3 OF THE COMPI,AINT IN MORTGAGE FORECI ,O,~IIRE TO TI-IR, PROTHONOTARY: FRANK FEDERMAN, ESQUIRE, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief that the information in paragraph #3 of the Complaint in Mortgage Foreclosure is: On 3/26/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AVSTAR MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1534, Page 1027. By Assignment of Mortgage Recorded 4/19/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Miscellaneous Book 610, Page 110. Kindly change the information on the docket. F~ank.,~F~ d~,,t~,,~....t_ ~,.///~~ Date: April 18, 2001 r e erman, EsqUire ' Attorney for Plaintiff cc: Daniel Durf · FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET DES MOINES, IA 50392 Plaintiff VS. DANIEL J. DURF 4410 CARLISLE ROAD, A/K/A LOT 39 CARLISLE ROAD GARDNERS, PA 17324 Defendant(s) Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-800 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against DANIEL J. DURF, Defendant(s), for failure to file an Answer to Plaintiffs 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 I/I/01 to 5/17/01 TOTAL $126,491.53 $3~300.33 $129,791.86 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. , ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. **THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED POR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at. Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff VS. : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY DANIEL J. DURF : NO. 01-800 Defendant(s) TO: DANIEL J. DL~ 4410 CA~tLISLE ROAD, A/K/A LOT 39 C~ISLE ROAD G~NERS, PA 17324 DATE OF NOTICE: ~RCH 28. 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PRINCIPAL RESIDENTIAL MORTGAGE, INC. VS. DANIEL J. DURF Attomey for Plaintiff : CUMBERLAND COUNTY ; : Court of Common Picas Plaintiff : : CIVIL DIVISION : : NO. 01~800 ; Defendant(s) : 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 Co) that defendant DANIEL J. DURF is over 18 years of age and resides at 4410 CARLISLE ROAD, AfK/A LOT 39 CARLISLE ROAD, GARDNERS, PA 17324. This statement is made subject to the penalties of 18 Pa. C,S. Section 4904 relating to unswom falsification to authorities. Attorney for Plaintiff (Rule of Civil Procedure No. 236 - Revised) PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff VS. DANIEL J. DURF Defendant(s) CUMBERLAND COUNTY Court of Common Pleas CIVIL DIVISION NO. 01-800 Notice is gi~v/en that a Judgment MAY [ t5 ,2001. in the above captioned matter has been emered against you on If you have any questions concerning this matter, please contact: DEPUTY FRANK FEDERMAN, ESQUIRE Attorney for Filing Party One Penn Center at Suburban Station 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. IF YOU HAVE 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 PROPERTY. ** AFFIDAVIT OF SERVICE PLAINTIFF PRINCIPAL RESIDENTIAL MORTGAGE, INC. DEFENDANT(S) DANIEL J. DURF SERVE DANIEL J. DURF AT LOT NO. 39 CARLISLE ROAD, A/K/A 4410 CARLISLE ROAD GARDNERS, PA 17324 CUMBERLAND COUNTY No. 01-800 CIVIL ACCT. #13758768 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE $, 2002 of Pennsylvania, in the manner described below: SERVED , Defendant, on the day of]]/vlO({c {a ,200~'~ _, Commonwealth Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant{s)'s company. Other: Description: Age fi('0 Height 0~)~)a Weight 1~0 Race {4/~t Sex ~ Other ~,~'~.'5, JON5 ~ai~ k. r ,a competent adult, being duly sworn according to law, depose and state that ~ personally hauded a tree and correct copy of the Notice of SheriWs Sale in the manner as set fo~h herein, issued in the captioned case on the date~nd at the address indicated above. ~ ~T~ ~ ~t~rc mc tNs ~ ~=y .~.~m.. =' '~ ,200 , PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE D~ES & TIMES OF SERVICE ATTEMPTED. NOTSERVED On the day of ,200__, at o'clock __.m., Defendant NOT FOUND because: __ Moved __ Unknown__ No Answer Vacant 1st Attempt: / / Time: : Attempt: / / Time: : 3rd Attempt: / / Time: : Sworn to and subscribed before me this . day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 PRAECIPE FOR WRIT OF EXECUTION ~ (MORTGAGE FORECLOSURE) P.R.C.P. 3180~3183 PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, DANIEL J. DURF Defendant(s). No. 01-800 CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 5/17/01 to 6/5/02 (per diem -21.34) TOTAL $129,791.86 ~ $8,194.56 and Costs $137,986.42 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 - 1814 Attorney for Plaintiff Note: Please attach description of property. No. FEDERNFtN RND PHELRN Fa×:2155687616 IN ~ ~IT~ STAT~ B~T~ CO~T FOR ~ MIDDLE DISTRICT OF P~S~V~IA 13:41 P, 02 Daniel D~rf, Sr. D~btor ~rincipal Residential Mortgage, Ina. Me.ant Daniel Duff, Bk. No. 01-03022 RJW Chapter No. 13 ORDER MODIFYING §362 AUTOMATIC STAY Motion cf ~rincipal Residential' ' ' Mortgage, Ino.~ 200~, upon it iS: ORDERED that the AL~omatic Stay Of all p~oceedings, as provided under ~36~ of the Bar~kruptcy Code 11 U.$.C. ~362 is modified with respect to premises Lot 39 Carlisle Read~ Gar~ners, PA 17~24 as tc a!lcw the Movant to ~oreclose On i%s mortgage and ~llow the purchaser of said premises at Sheriff's Sale (or p~rchaser's assignee} %o 5aka any le~al action for enforcement of its right ~o possession of said premises. ORDERED that Rule 4001(a)(3) is not applicable and Principal Residential Mortgage, Inc. may immediately enforce and implement this Order gransing Relief fro~ %he Automatic Stay, Chief Bankrttp~cy J~dgs CC: Judith T. Romano, Esquire One 9ann Center a~ Suburban Station 1617 John P. ~ennedy Boulevard~ Suite 1400 Philadelphia, PA 19103-1S14 Clearly= J. Dehart, III, Esquire (Trustee) P.O. Box 410 ~ummelstow~, PA 17036 Robert L. O'brien, i7 W. South Street Carlisle, PA 17013 Esquire Dan,.el Duff. Sr. 4~10 Carlisle Road Gardners, PA 17324 ALL THAT CERTAIN tract of land, situate in Dickinson Township, in the County of Cumiy~ttand, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the centerline of PA 34 (SR 0034) at the Northeast corner of Lot #38 on the hereinafter referred to Plan; thence along line of said Lot #38 North 58 degrees 58 minutes 46 seconds West 181.78 feet to a point in line of land now or formerly of Reading Railroad; thence along said line of land now or formerly of Reading Railroad North 42 degrees 23 minutes 40 seconds East 625.22 feet to a point in line of lands now or formerly of Donald E. Brehm South 28 degrees 10 minutes 08 seconds East 66.93 feet to a point in the centerline of said PA 34 (SR 0034); thence along said centerline of said PA 34 (SR 0034) South 31 degrees 01 minute 14 seconds West 579.71 feet to a point, the place of BEGINNING. CONTAINING a total lot area of 1.6692 acres, including the portion of said premises under and subject the dedicated right~of~way line of PA 34 (SR 0034); and being Lot No. 39 on a Subdivision Plan for Michaux Meadows, Phase II, as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book 64, Page 42. BEING Lot No. 39 Carlisle Road. TAX PARCEL NUMBER: 08-15-0199-028 TITLE TO SAID PREMISES IS VESTED IN Daniel J, Duff, single man by Deed from Karl E. Sowers and Glora M. Sowers, husband and wife, Lynn E. Sowers and Martha G. Sowers, husband and wife; and Roger E. Sowers and Lois Sowers, husband and wife, acting through their Attorney- in-Fact, Karl E. Sowers and Chester E. Chronister, Administrator of the Estate of Leona S. Chronister by Deed dated 3/17/99 and recorded 3/17/99 in Deed Book 197 Page 713. PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, DANIEL J. DURF Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-800 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) PRINCIPAL RESIDENTIAL MORTGAGE, 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 ,LOT NO. 39 CARLISLE ROAD, A/FdA 4410 CARLISLE ROAD, GARDNERS, PA 17324. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DANIEL J. DURF LOT NO, 39 CARLISLE ROAD, AfKJA 4410 CARLISLE ROAD GARDNERS, PA 17324 2. Name and address of Defendant(s) in the judgment: DANIEL J. DURF LOT NO. 39 CARLISLE ROAD, A/KJA 4410 CARLISLE ROAD GARDNERS, PA 17324 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIF1NANCIAL, 1NC. 1 VALLEY STREET, SUITE 103 CARLISLE, PA 17013 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. 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE DOMESTIC RELATIONS OF CUMBERLAND COUNTY TENANT/OCCUPANT CARLISLE ROAD PO BOX 2675 HARRISBURG, PA 17105 13 NORTH HANOVER STREET CARLISLE, PA 17013 LOT NO. 39 CARLISLE ROAD, A/K/A 4410 GARDNERS, PA 17324 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. March 12, 2002 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF PRINCIPAL RESIDENTIAL MORTGAGE, INC. DANIEL J. DURF Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-800 CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff · PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, DANIEL J. DURF Defendant(s). CUMBERLAND COUNTY No. 01-800 CIVIL March 12, 2002 TO: DANIEL J. DURF LOT NO. 39 CARLISLE ROAD, A/K~A 4410 CARLISLE ROAD GARDNERS, PA 17324 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WlLL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE h¥ 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 PROPERTY. ** Your house (real estate) at, LOT NO. 39 CARLISLE ROAD, A/KIA 4410 CARLISLE ROAD, GARDNERS, PA 17324, is scheduled to be sold at the Sheriff's Sale on JUNE 5, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce thc court judgment of 129,791.86 obtained by PRINCIPAL RESIDENTIAL MORTGAGE, 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) $63-7000, You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You. may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney,) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the 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 tull 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 ALL THAT CERTAIN tract of land, situate in Dickinson Township, in the County of Cun~i,~rland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the centerline of PA 34 (SR 0034) at the Northeast corner of Lot #38 on the hereinafter referred to Plan; thence along line of said Lot #38 North 58 degrees 58 minutes 46 seconds West 181.78 feet to a point in line of land now or formerly of Reading Railroad; thence along said line of land now or formerly of Reading Railroad North 42 degrees 23 minutes 40 seconds East 625.22 feet to a point in line of lands now or formerly of Donald E. Brehm South 28 degrees 10 minutes 08 seconds East 66.93 feet to a point in the centerline of said PA 34 (SR 0034); thence along said centerline of said PA 34 (SR 0034) South 31 degrees 0l minute 14 seconds West 579.71 feet to a point, the place of BEGINNING. CONTAINING a total lot area of 1.6692 acres, including the portion of said premises under and subject the dedicated right-of~way line of PA 34 (SR 0034); and being Lot No. 39 on a Subdivision Plan for Michaux Meadows, Phase II, as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book 64, Page 42. BEING Lot No. 39 Carlisle Road. TAX PARCEL NUMBER: 08-I5-0199~028 TITLE TO SAID PREMISES IS VESTED IN Daniel J. Duff, single man by Deed from Karl E. Sowers and Glora M. Sowers, husband and wife, Lynn E. Sowers and Martha G. Sowers, husband and wife; and Roger E. Sowers and Lois Sowers, husband and wife, acting through their Attorney- in-Fact, Karl E. Sowers and Chester E. Chronister, Administrator of the Estate of Leona S. Chronister by Deed dated 3/17/99 and recorded 3/17/99 in Deed Book 197 Page 713. PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, DANIEL J. DURF Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-800 CIVIL AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) PRINCIPAL RESIDENTIAL MORTGAGE, 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 ,LOT NO. 39 CARLISLE ROAD, A/K/A 4410 CARLISLE ROAD, GARDNERS, PA 17324. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DANIEL J. DURF LOT NO. 39 CARLISLE ROAD, A/K/A 4410 CARLISLE ROAD GARDNERS, PA 17324 2. Name and address of Defendant(s) in the judgment: DANIEL J, DURF LOT NO. 39 CARLISLE ROAD, A/K/A 4410 CARLISLE ROAD GARDNERS, PA 17324 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: NalTle ARTHUR WEAVER Last Known Address (if address cannot be reasonably ascertained, please indicate) 650 N. COLLEGE STREET CARLISLE, PA 17013 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) CITIFINANCIAL, 1NC. 1 VALLEY STREET, SUITE 103 CARLISLE, PA 17013 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. 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: NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE DOMESTIC RELATIONS OF CUMBERLAND COUNTY TENANT/OCCUPANT CARLISLE ROAD PO BOX 2675 HARRISBURG, PA 17105 13 NORTH HANOVER STREET CARLISLE, PA 17013 LOT NO. 39 CARLISLE ROAD, A/K/A 4410 GARDNERS, PA 17324 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 nnswom falsification to authorities. DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: PRINCIPAL RESIDENTIAL MORTGAGE, INC. )CIVIL ACTION ) VS. DANIEL J. DURF CIVIL DIVISION NO. 01-800 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for PRINCIPAL RESIDENTIAL MORTGAGE, INC. hereby verify that on 3/13/02 & 4/19/02 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. Notice of Sale was sent to the Defendant(s) on 3/13/02 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: April 29, 2002 F~I~ANK FEDERMAN, ESQUIRE Attorney for Plaintiff 7160 3901 9~44--~'B42 7554 DANIEL J. DURF LOT NO. 39 CARLISLE ROAD, A~K/A 4410 CARLISLE ROAD GARDNERS, PA 17324 SENDER: TEAM 5/JM REFERENCE: DURF, DANIEL PS Form 3800, June 2000 RETURN Post~ge 34 RECEIPT Certified Fee 2.10 SERVICE Return Receipt Fee 1.50 Restricted Deliver/ · ~ .20 Total Postal: & Fee '~,~ Re.c..e.,pt for. Cert,fledMml ~X ~i~ ~) DO Not Use for International Mall STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND Robert P Ziegler ............................................................................. Recorder of Deeds in and for said County ad State do'hereby certify'i ~hat thc Sheriff's Deed in which ................ Priz~copal Residential Mtg Inc .................................................................................... is thc grantee the sa,mc having been sold to said grantee on the 5th day of June ........................................ A. D., .:2002_ .... , under and by virtuc of a writ .............. Execution ................................................ issued on the 13th March 2002 day d .......................... A.D., ..... ~ out d the Court of Comman PI~,~ d said County'~ of Civil ................................................................................... Tcr=,~oo~. ..... · 800 . Number.............. ,at the stat of Principal ResidentiaI Mtg Inc Daniel J Durf ................................... against .................................................... ~s 252 2822 duly recorded in Shcrifrs Deed Book No ............. , Page ............. IN TESTIMONY WHEREOF, I have hereunto set my ~nd a~d seal of said office this __ _~___._. day~X ....... Principal Residential Mortgage, Inc. VS Daniel J. Durf In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-800 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 21, 2002 at 5:47 o'clock pm, EST, 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: Daniel Duff, by making known unto Daniel Durfpersonally, at Lot 39 Carlisle Road a/k/a 4410 Carlisle Road, Gardners, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said tree and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2002 at 1:52 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Daniel J. Durf located at Lot//39 Carlisle Road, aJk/a 4410 Carlisle Road, Gardners, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says 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 one of the within named defendants to wit: Daniel J. Duff, by regular mail to his last known address of Lot No. 39 Carlisle Road a/k/a 4410 Carlisle Road, Gardners, PA 17324. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5' 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Principal Residential Mortgage Inc. It being the highest bid and best price received for the same, Principal Residential Mortgage Inc. of 711 High Street, Des Moines, IA 50392, being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of $813.68, it being costs. Sheriff' s Costs: Docketing $30.00 Poundage 15.95 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Service 12.42 Certified Mail 1.81 Levy 15.00 Surcharge 20.00 Law Journal 335.15 Patriot News Share of Bills Distribution of Proceeds Sherifff s Deed 232.15 25.20 25.00 29.50 $813.68 paid by attorney 6/28/02 Sworn and subscribed to before me This ti~ dayof % 2002, A.D. . ~l~t~< t Prothonotary So Answers; R. Thomas Kline, Sheriff Real Estate Deputy PRINCIPAL RESIDENTIAL MORTGAGE, INC. DANIELJ. DURF Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON FLEAS CIVIL DIVISION NO. 01-800 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) PRINCIPAL RESIDENTIAL MORTGAGE, INC., Plaintiff in the above action, by its attorney, [?~ .?iA ?23E?,.MAN, 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 ,LOT NO. 39 CARLISLE ROAD, A/K/A 4410 CARLISLE ROAD, GARDNERS, PA 17324. l. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DANIEL J. DURF LOT NO. 39 CARLISLE ROAD, A/K/A 4410 CARLISLE ROAD GARDNERS, PA 17324 2. Name and address of Defendant(s) in the judgment: DANIEL J. DURF LOT NO. 39 CARLISLE ROAD, A/K/A 4410 CARLISLE ROAD GARDNERS, PA 17324 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder'of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIF1NANCIAL, INC. 1 VALLEY STREET, SUITE 103 CARLISLE, PA 17013 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 Last Known Address (if address cam~ot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE PO BOX 2675 HARRISBURG, PA 17105 DOMESTIC RELATIONS OF CUMBERLAND COUNTY 13 NORTH HANOVER STREET CARLISLE, PA 17013 TENANT/OCCUPANT CARLISLE ROAD LOT NO. 39 CARLISLE ROAD, A/K/A 4410 GARDNERS, PA 17324 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 12, 2002 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ' PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, DANIEL J. DURF Defendant(s). CUMBERLAND COUNTY No. 01-800 CIVIL March 12, 2002 TO: DANIEL J. DURF LOT NO. 39 CARLISLE ROAD, A/K/A 4410 CARLISLE ROAD GARDNERS, PA 17324 **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 PRE VIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTK ** Your house (real estate) at, LOT NO. 39 CARLISLE ROAD, AIK/A 4410 CARLISLE ROAD, GARDNERS, PA 17324, is scheduled to be sold at the Sheriff's Sale on JUNE 5, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 129,791.86 obtained by PRINCIPAL RESIDENTIAL MORTGAGE, 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 3 129.3. 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. 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 Sheriff's 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 Sheriffgives 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 ALL THAT CERTAIN tract of land, situate in Dickinson Township, in the Cou~:~y of Cumbecla~to, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the centerline of PA 34 (SR 0034) at the Northeast corner of Lot #38 on the hereinafter referred to Plan; thence along line of said Lot #38 North 58 degrees 58 minutes 46 seconds West 181.78 feet to a point in line of land now or formerly of Reading Railroad; thence along said line of land now or formerly of Reading Railroad North 42 degrees 23 minutes 40 seconds East 625.22 feet to a point in line of lands now or formerly of Donald E. Brehm South 28 degrees 10 minutes 08 seconds East 66.93 feet to a point in the centerline of said PA 34 (SR 0034); thence along said centerline of said PA 34 (SR 0034) South 31 degrees 01 minute 14 seconds West 579.71 feet to a point, the place of BEGINNING. CONTAINING a total lot area of 1.6692 acres, including the portion of said premises under and subject the dedicated right-of-way line of PA 34 (SR 0034); and being Lot No. 39 on a Subdivision Plan for Michaux Meadows, Phase II, as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book 64, Page 42. BEING Lot No. 39 Carlisle Road. TAX PARCEL NUMBER: 08-15-0199-028 TITLE TO SAID PREMISES IS VESTED IN Daniel J. Duff, single man by Deed from Karl E. Sowers and Glora M. Sowers, husband and wife, Lynn E. Sowers and Martha G. Sowers, husband and wife; and Roger E. Sowers and Lois Sowers, husband and wife, acting through their Attorney- in-Fact, Karl'E. Sowers and Chester E. Chronister, Administrator of the Estate of Leona S. Chronister by Deed dated 3/17/99 and recorded 3/17/99 in Deed Book 197 Page 713. WRIT OF EXECUTION andgor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-800 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHER/FF OF CUMBERLAND COLrNTY: To satisfy the debt, interest and costs due PRINCIPAL RESIDENTIAL MORTGAGE, INC. PLANTIFF(S) From DANIEL J. DURF (1) You are directed to levy upon the property of the defendant(s) and to sell SEE LEGAL DESCRIPTION OF PROPERTY (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) nnt 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 DueS129,791.86 L.L.$.50 Interest FROM 5/17/01 TO 6/5/02 (PER DIEM - 21~34) $8,194.56 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $106.20 Other Costs Plaintiff Paid Date: MARCH 13, 2002 CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. 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 On March 14, 2002 the sheriff levied upon the defendant's interest in the real property situated in t)zc~ztqsc~ ~o~x~sHsv.. Cumberland County, PA known and numbered as Lot #39 Carlisle Road, a/k/a 4410 Carlisle Road, Gardners and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 14, 2002 By: ~JcCJx [ 3rv~c4 Real Estate Deputy o 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. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, oft. he 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 26, MAY 3, 10, 2002 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 SALE NO. 45 Writ No. 2001-800 Clv-ll Principal ResldentlaI Mortgage, Inc. Daniel d. Durf Ally.: Frank Federm.m~ ALL THAT CERTAIN tract of land. situate in Dickinson Township. In the County of Cumberland. Com- monwealth of Pennsylvania, bound- ed and described as follows: BEGINNING at a point in the cen- terllne of PA 34 [$R 00341 at the Northeast corner of Lot #38 on the hereinafter referred to Plan: thence along linc of said Lot #38 North 58 degrees 58 minutes 46 seconds We~st~_~81,78 f~et to a.p~u]t~i_n l~e Edi~' tot SWORN TO AND SUBSCRIBED before me this 10 day of MAY, 2002 THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler 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 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M', Volume 14, Page 317. ~.~..,i ...~....~'~'~' PUBLICATION .... : ................................................... COPY Sworn to and subscribed before me.t, ffi~th day p~'lV, lay.~02 A.D. s AL ..8 Tony L, RUS~IlI, NOIe~ Publk~ I NOTARY PUBLIC Hlffllburg, Dauphin County My Commlmsion E~lres June e, 2002 I My commission expires June 6, 2002 Msml3sr, PsnnsyNama As~o~tatlon o! Notaries CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ,~LI. TI~AT Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 230.40 $ 1.75 $ 232.15 Publisher's Receipt for Advertising Cost ..,, [,~iu'kJo., 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. REAL ESTATE SALE No, 45 Writ No.~)01-800 ClvitTerm Mortgage, Inc. Va Daniel J. Dud A~: Frank Feder~n DESCrY[ON fo~erly of Read ng Railrmd; thence a ong md line of l~d now or fomerly of Reading Railroad No~ (SR ~34); ~ence alon~ aid ..... 34 (SR ~34) Sou~ 31 de.es s~onds West 579.7I feet to a ~int, the place of CO~NNG a total lot ~a of L~92 acres, Michaux Me~ows, ~ase II, as mco~ed ~ ~e and.~s Sowem husband ~d~'w~ ~oge[ corner of land now of Thomas K, Nell; thence along 43 degrees a5 the southwest ~utcs side of ~t S~a ~cc along the e~t 91 f~t to Having ~e~on ~t~ a ~e [tame dwelling known asNO. lO~stSt~et which ~nalfl E. BE~fi ~e s~e [ C~ley grated ~fl ~om~ Mygs ~d Nancy L ~ ~d ~o~d in Cure.r- Volume 34~ Page 8t ~d To be ~lfl ~s ~e pmpe~y 6on~ Matthew, Arty: Roes lepth of 180