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Home My WebLink About01-0849FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103 - 1814 (215) 563-7000 COURT OF COMMON PLEAS CIVIL DIVISION MORTGAGE ELECTRONIC RLG ISTRATION SYSTEMS, iNC. 8201 GREENSBORO DRIVE, SUIPE 350 MCLEAN, VA 22102 Plaintiff LEROY E. ARTZ 531 3RD STREET WEST FAIRVIEW, PA 17025 TERM NO. o,- q, CUMBERLAND COUNTY Del'endant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED W1LL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. (?UMBERLAND COUNTY CUMBERLAN-D COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan#: 19388317 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: LEROY E. ARTZ 531 3RD STREET WEST FAIRVIEW, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 11/11/96 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PH H MORTGAGE SERVICES CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1351, Page 578. By Assignment of Mortgage recorded 7/19/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 619, Page 531. 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 11/1/00 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 Mot'tgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." The following amounts are due on the mortgage: Principal Balance Interest 10/1/00 through 2/1/01 (Per Diem $13.37) Attorney's Fees Cumulative Late Charges 11/11/96 to 2/1/01 Cost of Suit and Title Search Subtotal $57,426.68 1,657.88 2,871.00 67.ll 550.00 $62,572.67 Escrow Credit 0.00 Deficit 113.77 Subtotal $113.77 TOTAL $62,686.44 The attorney's lees set fbrtln above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event ora third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not com.~ trader Act 6 of 1974 because the original mortgage amount exceeds $50~000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680,403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i,) Defendant(s) ha,,e ?ailed to meet with the Plaintiff or an authorized Credit Counseling Ager~cy in accordance with Plaintiff's written Notice to Defendants, a true and correc[ copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLA1NTLFF demat:ds an in rem Judgment against the Defendant(s) in the sum of $62,686.44, together with interest Ii om 2/1/01 at the rate of $13.37 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. /s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff '9~ NO'd 15 8lq 8 58 MORTGAGE ORIGINAL ~ No. 9019126 · EINO MORE PARTICULARLy DESCP. I~ED ACCORDING TO A LEGAL DESCRIPTION AFl'ACHED NERETO AND MADE A PART I~OF. COMMONLY KNOWN AS ~31 3RD STREET. THE SAME ~ CONYEY~D TO TIlE MORTOAGORS HEREIN BY DEED BEING ~_ C_~,DED $~Jt.TANEOU~Y HEREWITH; THIS BEING A PUR(XtAS~ MONEY MOR'I~AGE whi~ hns tl~ addle of $31 3RD STREET, WI~T FAIRVIEW, Penmylvnnh 1702J ('Property Add.ss') Batrow~ w&-Ta~u and wltl d~.d ~ the tMc to d~ Pfope~ ~ ali dllms a~d demands, subJm to ~my ~ance~ of ~::ord. THIS SECURITY INSTRUMENT combines uniform ~ovenams for national ttse 0nd non-uniform ~o~-nants ~t~ llmit~ va~ by j~isd~ ~ constitute a u~fonn ~ lnm~nl~t ~ovefinI real properly. d said Plan bein9 recorded in ~he Office for ~he Recording of Deeds in and for Omberland Coanty in Plan Book 1, Page $4. !~ Bm'~q¥~'a ~o~. ~o~e~sha~ be~.lven ~cms/otm~d~ of Ibc No~ and of this S~ Im~umgnt. ORIGINAL [chat appti~ble t~o~e~)J [~ htl~ Rid~- ~ 1~,~4 Uni~ Developm~t P. Mer Biweekly Payment Ridn' ,."'~ Scrod Hom~ RMo' [] ot~.,~,) Ins~*,~-,~ and in oily rMe~s) executed by Bonow~ and rccol'ded with i~. (.~d) On this ~he ! ITH day of NOV~,IBER, 19~6 before n~, the undmi[ood o~cer, personally a~ LEROY E ARTZ known to too (or sa~fan~ly ~) to be tl~ pmon~s) ~ .n~.s) is/~ sut~:flbed to *he v~ln IN WrrNESS WHEREOF, I hereunto m my hand and oflS~atl seal. HOMESIDE LENDING, INC. DECEMBER 07, 20~0 LEP~Y F ARTZ 531 3RD ST ENOLA PA 17025-3132 LOAN NUMBER: 1S38~317 PROPERTY ADDRESS: 531 3Rb ST WEST FAIRVIEW, PA 17025 TiiIS IS AN OFFICIAL NOTICE THAT THE HgRTGAGE ON YOUR HO~ 1S Ir~ CEFAULI, AND THE LENOER INTENDS TO FORECLOSE, SP[CIFIC ItIEDRMATIUN ABGU! NATURE OF THE DEFAULT IS PRgVIOED IN THE ATTACHED PAGLS. O~RRE HO ~ C NTINUAR EsCAT NQTiOiCACiONF VIVIENO0 EN SU CASA. SI NO COMPRENDE EL C~NTE~IC[ I XHIBtT A HOMESIDE LENDING, INC. STATEPENTS OF POLICY IF YOUR MGRTGAGE IS FORECLOSED UPON--TNE HDRTGAGED PRGPERTY WILL ~L SOLO BY THE SHERIFF TO PAY OFF THE MORTGAGE OEHT. IF THE LENGE~ REFEkS Y~Up CASE TQ ITS ATTLRNEYS. ~U~ ¥~g LU~E jfi~ D~LihuOLNC~ L, LJg~\I Jill LONGER BEGINS LEGAL PROCEEDINGS AGAINST YOU, YuU WILL STILL BE REGUI~:~L REASONABLE COSTS. IF YOU CURE THE OEFAULT WITHIN THE THIRTY (30) RAY OTHEP LFNDF~ REMEDIE~--THL LEhgE~ I,,A¥ ALSO SbL YIJU UNPAID PRINCIPAL BALANCE AND ALL OTHER SUMS DUE UNDER THE M~RTGAGE. RIGHT TO CURE THE DEFAULT PRIOR TQ SHERIFF'S SALE--IF YOU tiAVL NET CURED THE DEFAULT WIIHIt~ T, HL TtilKTY (3DJ DAY F~klgb Alsu ~U~LCLLag~ PROCEEDINGS HAVE BEGUNI YUU STILL ttA~E IHL ¢,IGHI lb CbhL Jtl~ ULt'AuLI EARLIEST POSSIBLE SHERIFF'S SALE DATE--IT IS ~STIMATED THAT THE EAHLIESI OATE THAT SUCH A SHERIFFJS SALE OF THE HORTUAGED PRCPERTY C~ULD BE HEL~ WOULD BE APPROXIMATELY SIX (O) P~hTItS FN~M THE DATE U~ Jills (~uJlLco ; NOTICE OF THE ACTUAL gate OF THE SHERIFF'S SALE WILL BE SENT T~ YOU HOW T~ CONTACT THE LENDER: ~IAME OF LONGER: HUHES~C[ LEtiCING~ INCo AOORES5~ CULLECTIU~ U~PA~IMCrJI 9601 HEALLISTL~ Ekwy SAN ANTONIO, TX 78216 PHONE NUMBER: l'~gO-lB1-55D~ FAX NUMBER: (210)525-7730 COULD BE STARTED BY THE LENDER AT ANY TIME. HOMEOWNER'S NAME(S): LEggY E ARTZ CL63 - 1201OOKT HIBITA FHLM PAGE HOMESIDE LENDING, INC, ~EROY ARTZ g388317 STATEMENTS UF POLICY HOMEOWNER'S EMERGENCY HURTGAGE ~SSISTANCE PRGGRAM TEMPORARY STAY OF FORECLOSURE ON YOUR HORTGAGE FOR THIRTY (30) GAYS CONSUMER CREDIT C~UNSELihG AbENCJES--IF ¥~ ~k~l J~llti UNL bt IJ;: CONSUH~R CREOIT COUNSELING AGENCIES LISTED AT THE END DF THIS N~TIC[ . THE RE6SONS SET FORTH LATER Ih THIS NOTICE (SEE FOLL~IIA~ PAGES THE RIGHT TO APPLY FOR FINANCIAL ASSISTANCE FRGM THE HGMkQ~N~'S AGENCY ACTIDNo-AV~ILABLE FUNDS FOR EMERGENCY M[JR)GAbL ASSISTANCE PURSUED AGAINST YOU IF YOU HAVE MEt THE TItlE RE~U~RE~ENirS SET I,L]RTI~ INFORMATION YOU PROVIDE US HAY BE USED FOR THAT PURPOSE. HOMESIDE LENDING, INC. STATEMENTS ~F PULICY HOW TO CURE YOU~ NORTGAGE DEFAULT (bRING ET DP IU CAIC) ASSUMPTIQr4 QF MORTGAGE--YOU (,)':')MAy ('~,)~'Ay NUT (CHLCK Ut,~ ) SELL SINCERELY, D. GUERRA COLLECTION SUPERVISOR ENCLOSURE CCi FIRST CLASS AND CEPTIFt~O MAIL Nb: ................... ADDRESSEE 531 3RD ST WEST FAIRVIEW, RA 17025 PENNSYLVANIA HOUSING FINANCE AGENCY ~OM~,OWNER'S EMERGENCY ASSlSTA~CE CONS~M~ ceEorr COtmSELING AGe,CmS (RZV. S/00) CLINTON COUNTY Lycoming-Clinton Counties Commision for Community Action (STEP) 2138 Lincoln Street P.O. Box 1328 Williamsport, PA 17703 (570) 326-0587 FAX (570) 322-2197 CCCS of Northeastern PA 201 Basin Street Williamapon, PA 17703 (570) 323-6627 FAX (570) 323-6626 31 W. Market Sb'¢et POB 1127 Wilkes-Berm, PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665--(Call Before F~xing) (570) 455-4994 Hazeltown FAX (570) 455-563 I-(Call Before Faxiag) (570) 8364090 Tunkhannock Booker T. Washington Center 1720 Holland Cenu:r Er/e, PA 16503 (814) 453-5744 FAX (814) 5749 John F Kennedy Center, Inc. 2021 East 20~ Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-[243 COLUMBIA COE~'NTY CRAWFORD COI3~Ty CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Hamsburg, PA 17102 (717) 541-1757 CUMBERLAND COUNTY Urban League of Metropolitan Harrisburg N. 6~ S~eet Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Corem or' the Capital Region 1514 Dcrt~ Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 CCCS of Northeastern PA 1631 South Atherton St., Suim 100 State College, PA 16801 (814) 238-3668 FAX (814) 238-3669 1400 Abington Executive Park Suim I Cla~ks Summit. PA 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134-9135 Greater Erie Community Action Committee 18 West 9a Street Erie, PA 16501 (814) 4594581 FAX (814) 456-0161 Shanango Valley Urban League, Inc. 60 t Indiana Avenue Fan*ell, PA 16121 (412) 981-5310 Financial Counseling Services of Franklin 31 W,st 3~d Street Waynasboro, PA 17268 (717) 762-3285 YWCA of Coxlisle 301 "G~ Su~et Carlisle, PA 17013 ~ (717) 243-3818 FAX (717) 731-9589 Adams County Homing Authority 139-143 Carlisle SL G~ttysburg, PA 17325 (717) 334-1518 FAX 334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 EXHIBIT A ALL that certain piece or parcel of la,nd situate in the Borough of West Pairview, County of Cumberlan~ and State of Pennsylvania, bo,~-aed and described as ~011ows, to wit: BE~INNIN~ at a point in the Eastern line of T~ird Street 97 feet south of ~he southeast corner of the intersection of ~i~ Strut ~d ~y Avenue; thenc~ ~t~ly al~g ~e s~th~ li~ o[ ~t NO. ~6, on ~ herei~fter ~ntion~ · 1~ of ~ts, 109 feet to a po~t In the ~ste~ line of a 20 ~eet wide ~ley; ~ce s~ al~ the ~ste~ li~ o~ s~d 20 ~t wi~ ~ley 30 feet to a ~int; ~ence ~st~rdly along =he ~he~ line of Lot No. 38 109.5 f~e= =o a point ~ ~e mt~ 1~ of ~rd Strut; ~ce no~rdly alo~ the easte~ line o~ ~l~ 8~r~t; ~h~e no~h~y al~ the oa*te~ l~e of ~ird Street 30 feet to a point, t~ Place of B~ING. B~IN~ Lot No. 37 in H. R. May's Second AddAtion to the Borough of West Fairview; said Plan being recoz~ed in the O~fice ~or the Recordin~ of Deeds in and ~or O--~rland Co~lnt~ in Plan Book 1, Page 54. thereon erected a single frame dwelling known as ~o. S31 Third Street. VERIFICATION FIL~.NK FEDERMAN, ESQUIRE hereby states that he is attorney for Plaintiff in this manet, 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, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are mae and correct to the best of his 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 unsworn falsification to authorities. SHERIFF'S RETURN - REGULAR CASE NO: 2001-00849 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTP~AT VS ARTZ LEROY E RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE ARTZ LEROY E DEFENDANT , at 0015:23 HOURS, on the at 531 3RD STREET WEST PAIRVIEW, PA 17025 MARY MCCREARY (GIRLFRIEND) a true and attested copy of COMPLAINT - NOTICE was served upon 5th day of March the , 2001 by handing to MORT FORE together with and at ~he same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.30 Affidavit .00 Surcharge 10.00 .00 37.30 Sworn and Subscribed to before me this /~ ~ day of thonotary So Answers: R. Thomas Kline 03/06/2001 FEDERMAN & By: Deputy Sheriff FEDERMAN AND PHELAN BY: FR3tNK FEDERMAN, ESQUIRE Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 SUMMIT BANK : PLAINTIFF : VS. : LEROY E. ARTZ : : DEFEND.h2qT : Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 01-849 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification with respect to the Complaint filed in the instant matter. Date: March 14, 2001 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff I liI:~OY 1} ,\RIZ VE RiFII 'A ]'lION of mottg:tgc sc~ icing ag, em Iht Plainlitl'in this m~lter, thai he/sh: is ;mthorizt'd '.o l~tkc ,llc 'il'tLC ;lllt! Ct)IFL:CI 1(. thc })c~t of hi,/her ]<no~t ledge info]mail m ./nd be]icl lhc IT under>lands tha~ th~> statement is made subject to the penalties oily I'm C5 Ncc 4',~: k) unx~ o~1 i}~Isification to aut]lorit es. FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff LEROY E. ARTZ 531 3RD STREET WEST FAIRVIEW, PA 17025 Defendant(s) Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : : CIVIL DIVISION : : NO. 01-849 .. : _. .. : 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 LEROY E. ARTZ Defendant(s), for failure to file an Answer to Plaintiffs Complaim 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 2/1/01 TO 4/9/01 $62,686.44 $909.16 TOTAL $63,595.60 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 attaf~hed. / FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ]~. ~ ~*THIS FIRM IS A DEBT COLLECTOR ATFEMPT/NG 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 A~FEMPT 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs. : COURT OF COMMON PLEAS : CIVIL DIVISION - CUMBERLAND COUNTY LEROY E. ARTZ Defendant(s) TO: LEROY E. ARTZ 531 3RD STBEET WEST FAIRVIEW, PA 17025 : NO. 01-849 DATE OF NOTICE: MARCH 27, 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 ASSOC/ATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3 166 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. LEROY E. ARTZ Attorney for Plaintiff : CUMBERLAND COUNTY : : Court of Common Pleas Plaintiff : : CIVIL DIVISION : : NO. 01-849 : 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 (b) that defendant LEROY E. ARTZ is over 18 years of age and resides at 531 3RD STREET, WEST FAIRVIEW, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN Attorney for Plaintiff (Rule of Civil Procedure No. 236 - Revised) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. LEROY E. ARTZ Plaintiff VS. Defendant(s) : CUMBERLAND COUNTY : : Court of Common Pleas : : CIVIL DIVISION : : NO. 01-849 _. Notice is given that a Judgment in the above captioned matter has been entered against you on ~m~ / (3 , If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESOUIRE 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. ** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, LEROY E. ARTZ Defendant(s). No. 01-849 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution'Sn the above matter: Amount Due Interest from 4/11/01 'to MARCH 3, 2004 (per diem -$10.45), .' TOTAL $63,595.60 $11,056.10and Costs $74,651.70 ~RANK 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. .-~.LL [ 17~-~ [ I,-l~,l~ [ AJ[.N portion, piece or parcel of land situate in the Borough of West [:airviexv. County of Cumberland and State of Pennsylvania. more particularly bounded and described as fofiows, to wit: BEGINNING at a point in the eastern line of Third Street. ninety-seven ~97) feet south of the southeast corner of the intersection of Third Street and May Avenue: thence eastwardly along the southern line of Lot No. 36, on the hereinafter mentioned Plan of Lots, one hundred and nine (109) feet to a point in the western line of a twenty (20) feet wide alley: thence southwardly along the western line of said twenty (20) feet wide alley, thirty (30} feet to a point: thence westwardly along the northern line of Lot No. 38. one hundred and nine and five-tenths {109.5) feet to a point in the eastern line of Third Street: thence northwardly along the eastern line of Third Street, thirty (30) feet to a point, the place of beginning. BEING Lot No. 37 in H.R. May's Second Addition to the borough of ¥¥est Fairview: said Plan being recorded in the Office for the Recorder of Deeds in and for Cumberland County in Plan Book h Page 54. HAVING thereon erected a single frame dwelling known and numbered as No. 531 Third Street, West Fairview, Pennsylvania. Tax Parcel #45-16-1050-143 TITLE TO SA._~ID P~REMISES IS VESTED IN Leroy E. Artz. single by Deed from Dale A. Ryder and JoAnna J. Ryder, his wife, dated-il/Il/96, recorded 11/15/96. in Deed Book 149. Paee 126. UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA LEROY ELWOOD ARTZ CASE NO.: 1-01-02382 CHAPTER 13 Debtor(s) ORDiER DISMISSING CASE NOW, this 30th day of September, 2003, Upon Tmstee's Motion to Dismiss (and hearing if appropriate), and it having been determined that this case should be dismissed, it is ORDERED that the case oft/ae above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case, be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. HARRISBURG, PENNSYLVANIA BY THE COURT: JUDGE WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-849 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 LEROY E. ARTZ (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 gamishee and is enjoined as above stated. Amount Due $63, 595.60 L.L. $.50 Interest FROM 4/11/01 TO 3/3/04 (PER DIEM - $10.45) - $11,056.10 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $109.30 Other Costs Plaintiff Paid Date: OCTOBER 29, 2003 (Seal) CURTIS R. LONG Prothono~y 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 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. Plaintiff, LEROY E. ARTZ Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-849 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: () 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 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. LEROY E. ARTZ Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS C1V1L DIVISION NO, 01-849 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 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 ~531 3RD STREET, WEST FAIRVIEW, PA 17025, 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LEROYE. ARTZ 531 3RD STREET WEST FAIRVIEW, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last kno~vn address of every judgment creditor whose judgment is a record lien on the real property to be sold: Nanle EAST PENNSBORO TOWNSHIP Last Known Address (if address cannot be reasonably ascertained, please indicate) 98 S. ENOLA DRIVE ENOLA, PA 17025-2796 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) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 531 3RD STREET WEST FAIRVIEW, PA 17025 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. October 24, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEB' O04 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff VS. LEROY E. ARTZ Defendant(s) PREMISES: 531 3RD STREET WEST FAIRVIEW, PA 17025 CIVIL ACTION NO. 01-849 TYPE OF PLEADING: Motion for Special Service. Code and Classification 140 Civil Action Filed on behalf of Plmntiff Counsel of Record for this Party: FRANK FEDERMAN, ESQ. - PA I.D. #12248 FEDERMAN & PHELAN One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC. VS. LEROY E. ARTZ ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DIVISION CUMBERLAND COUNTY No.: 01-849 ORDER AND NOW, this ~ ~day of ~'C ~ ,2004, upon consideration of Plaintiffs Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above captioned Defendant(s), LEROY E. ARTZ, by mailing a true and correct copy of the Notice of Sale by certified mail and regu~r ma, il tp,Defendant's las[known address, which is the mortgaged premises~ ~ ~ ~-1 Serv'"ice of th~ aforement~o' 'ned mailings is effective upon the date of mailing and is to be Office an Affidavit of service. done bYPlaintiffs.attorney, who will file with the Prothonotary's FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. LEROY E. ARTZ ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 01-849 MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Frank Federman, Esquire, moves this Honorable Court for an Order directing service of the Notice of Sale upon the above captioned Defendant(s) by certified mail and regular mail to Defendant's last known address. 1. Attempts to serve Defendant with Notice of Sale have been unsuccessful, as indicated by the Affidavit of Service attached hereto as Exhibit "A." 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the result there from is attached hereto as Exhibit "B." WHEREFORE, Plaintiffrespectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 01-849 VS. LEROY E. ARTZ MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiffmay move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A SherifPs return of "Not Found" or the fact that a Defendant has moved without leaving anew forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Affidavit of Service, marked hereto as Exhibit "A", the Sheriffhas been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Good Faith Investigation, marked Exhibit "B,' WHEREFORE, Plaintiff respectfully requests service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF PLAINTIFF DEFENDANT (S) SERVE AT AFFIDAVIT OF SERVICE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. LEROY E. ARTZ 130 WEST BROAD STREET WILLIAMSTOWN, PA 17025 CUMBERLAND COUNTY No. GD 01-849 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 3, 2004 SERVED Served and made known to , Defendant, on the of ,200_, at , o'clock __.m., at Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. __Aduh 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 __ Height __ Weight __ Race Sex Other I, , a competent adult, being duly sworn according to law, depose and state that I personally posted a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of ,200_. Notary: By: NOTSERVED ***ATTEMPT SERVICE NLT THREE (3) TIMES*** Onthe 3~ 17~ dayofJ,4~t~-~ ,200_bLat ~-'~fo'clock~.m.,DefendantNOT FOUND because: ~ Moved Unknown No Answer Vacant 1 st attempt ,2nd atterc~t Date & Time Date & Time JDLiA R. EBB, Iqo~2t Sworn to and subsc~i,'J~ed Sumvohanr~ Twp., Dauchin County before me this r~ff~ dgy My Commission Expires NOv. 5, 2005 of ~,Ja r~ a r(~, 200~....9 Loan g~1~9388317 Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station- Suite 1400 Philadelphia, PA 19103 (215) 563-7000 ,3rd attempt Date & Time day PLALNTI~'F CUMBERL~ 'iD COUNTY NO. 01-849 DEFI~NDANT(S) LEROY E. :kRTZ SERVE I,EROY E, All'17, AT 531 3RD STREET WEST FAIl(FlEW, PA 170:[5 .~e~ ami n~d~ knov,~ to .~EI~VED ACCT. #~_ 9388317. Type of Aeries - Notice of SbcH~s Scl,.~ day .f . a'clock m,n~., at ~ . ~ o[ Pe~ylvaai~. in 'h~ rmu.,gr d~.cr[bcd 1 ~low: . ~ Cu,ur~ev~ulfl ...l~e,&ta;lam pe~oually.~rv~{, ~ Adult I~ily ~ ~h whom Du&ndau~) ~ide(~). Rclafio~ is -,, ' ~dult in cha~ of Oet~xJ'~ ~id~ce ~o r~scd ~0 ~vc t~ ur rc~o~. ~ Ag~n[orp~oa~c~eofD~t~a)'~of~oru;~[plae~oCh~smess. ~.aa O~ccr o r ~aid De~n~gs)'a 0~ ~ .. · L , a aem~r~mt ~ b~g duly sw~ acCu~B m law, d~a~ ~ S~tc t~ R I p~ly ~,-,I,~d a ~e ~ COtrrut copy of~ ~e~~ ~ dm ~ ~ ~t fo~ I~m~ i~u~ ~ ~ ~fio~d c, ~ ~ ~ &~ ~d at · e ~&~ imiica~d Sw~r6 te and ~l~icfib~d betbrc r~ fl~i~ __ _ ~y of. ~ 200_. No~: By: P~EASE ATTEMPT SERVICE A1 L~.~T 3 ~E8. ~OtCA~ DATES & T~S OF gRR~OE A'~D. NOT SERVgi~ Moved 3rd Attempt: ' /]/'l ~J'a 7 Z~o: ~pm ' ~ to and ~scdbed Frank ~er~n. Esquire i~ll~" Default Express Inc. 4905 I~amilton D;. Voorheos, NJ, 0804:] Phone: 888-563.4746 Fax: 215-563-4T46 File #: 03-11317 Firm: FEDERMAN & PHELAN Subject: Leroy E. Artz Current address: Property address Mailing address: 531 3rd St. Enola, PA 17025 531 3rd St. West Fairview, PA 17025 531 3rd St. Enola, PA 17025 XHIBiT B 1 Steven M. Ruffo,being duly sworn according to law, do hereby depose and state as follows, 1 have conducted an investigation into the whereabouts of the above noted individual(s) on 1/13/04 and have discovered the following 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following to be true and correct Leroy E. Artz - 183-62-6565 B. EMPLOYMENT SEARCH Leroy E. Artz - A review of the credit report provided no employment information. C. INQUIRY OF CREDITORS On 1/13/04 our inquiry with the creditors indicate that Leroy E. Artz reside(s) at 531 3rd St. Enola, PA 17025 Il. INQUIRY OF TELEPHONE COMPANY A.DIRECTORY ASSISTANCE SEARCH On 1/13/04 our inquiry with the Directory Assistance indicated that Leroy E. Artz reside(s) at 531 3rd St. Enola, PA 17025 717-732-2119. Our Office made a telephone call to the mortgagors phone number and reached the voicemail, III. INQUIRY OF NEIGHBORS Using our Whitepages database we contacted Doris Eichelberger 532 3rd St. on 1/13/04 and he/she verified that Leroy E. Artz reside at 531 3rd St, Enola, PA 17025. IV. INQUIRY OF POSTOFFICE A, NATIONAL ADDRESS UPDATE Our inquiry with National Address database on 1/13/04 indicates the following is correct Leroy E. Artz - 531 3rd St. Enola, PA 17025 B. ADDITIONAL ACTIVE MAILING ADDRESS Per our inquiry with creditors on 1/13/04 the following is an active mailing address: 130 Broad W Williamstown, PA 17098 V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per the Pennsylvania Department of motor vehicle Leroy E. Artz has a valid identification registered with the state. VI. OTHER INQUIRIES A. DEATH RECORDS As of 1/13/04 Vital records has no death records on file for Leroy E. Artz B. PUBLIC LISCENSES (PILOT, REAL ESTATE ETC.) Our office conducted a check on 1/13/04 for public licenses/records and found the following: none C. COUNTY VOTER KEGISTRATION The Cumberland Cnty voter registration would only indicate a registration for Leroy E. Artz D. INTERNET All accessible public databases have been checked and cross-referenced for the above named individual(s). E, TAX ASSESSMENT OFFICE On 1/13/04 our office conducted a search of the following tax records which showed the following: See Attached VII. ADDITIONAL INFORMATION OF SUBIECT A. DATE OF BIRTH Leroy E. Artz - 10/2/67 B. A.K.A Leroy Efiwood Artz, 11 The undersigned understands that this statement herein is made subject to the penalties of 18 Pa,C.S, Sec, 4904 relating to unsworn falsification tn authorities I hereby verify that the statemants made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made sub.~ect to the penalties of 18 Pa.C.S. Sec 4904 relating to unswom falsification to authorities, Default Express Services, 1NC. President Sworn to and subscribed before me this 13 day of .lan 2003 NOTARIAL SEAL Jocelyn Ruffo Notary Public State of New Jersey My Commision Expires Mar. 21, 2007 Repoff Resul~ SSN ISSUED-82 STATE ISSUED-PA * 199 EQUIFAX INFORMATION SERVICES LLC, ,ATLANTA, GA,30374-0241,800/685-1111 P 0 BOX 740241, *ATRZ,LEROY, ELWOO0,2 SINCE 12/07/91 FAD 01/26/01 531,3RD, ST,ENOLA, PA,17025,TAPE RPTD 03/97 TELEPHONE NUMBER (717) 728-1658 SPEC 12/03 130,BROAD,W,WILLIAMSTOWN, PA, 17098,DAT RPTD 01/01 301,2ND,ST,ENOLA, PA, 17025,TAPE RPTD 01/96 FN-ARTZ,LEROY,ELWOOD,2 BDS-10/02/1967,SSS-183-62-6565 FN-309 WARNING BANKRUPTCY ON FILE, FULL CREDIT REPORT IS ADVISED ..... PENNSYIVANIA DEPARTMEN~ OF TRANSPORTATION BUP. EAU OF DRIVER LI.~N. SING BASIC DRIVER INFORMATION JAN 07 2004 L:A~E DRIVER: LEROY E A/~TZ 531 3RD STREET ENOLA, PA 17025 DRIVER LICENSE (DL} LICENSE CLASs : C LICENSE ISSUE DATE: JAN 21 1997 LICENSE EXPIRE8 : OCT 31 2000 OaIG ISSUE DATE : APa 04 1985 MED R~STKIC'TIONS ~ NONE LEARNER PERMITS DRIVER LICENSE NO : 9-1592958 DATE OF BIRTH : OCT 02 1967 SEX : HALE P~00KD TYPE : RE~ LIC/ID COMMERCIAL DRIVER LiCENSE (CDL) CDL LICENSE CLASS COL LICE/~SE ISSUED CDL LICENSE EXPIRES: ~DL ~.NDORSEKENTS : NONE CDL RESTRICTIONS : NONE CDL LEA/~ER PERMITS: ~L LI~E STATU~ PROBATION~Y LI~:~:E (PL) ~L LI~SE ~8 : PL LI~SE ORI~ PL LI~NSE ISSUED : PL LI~SE STATUS : OC~PATION~ LIMITED LI~SE (OLL) OLL LI~SE OLL LIC~SE ISLED OLL LI~E OLL LI~N~E *** END OF RECORD *** National Property Printable version of this oage [R~su[t.s List] Owner Name: ARTZ,LEROY Mail Addr.: 53l 3RD ST ENOLA PA 17025-3132 Spouse: Phone: 7177322119 Assessor Record Parcel Number: 45161050143 Property Addr.: 531 3RD ST ENOLA PA 17025-3132 County: Cumberland (Code PA041) Municipal. Code: CU Carrier Route: C005 Units: 1 Rooms: Sq. Lot: A~sessed Value: $67,590~00 Tax Amount: 20527 Sale Amount: $0.00 Transact. Type: R Loan Amount 1:$0,00 Int. Rate Type: Lender: Legal Desc.: Year Built: Bedrooms: Lot Size: Percent Improv,: Title Company Code: Sold Date: Last Transact. Date: Loan Amount 2: Full or Part.: Homeowner Exempt: Eft. Year Built: Bathrooms: 3485 Zoning: 8520 Std. Use Code: RMSC Deed Type: Sold Doc: Transact, Doc: $0,00 Loan Type: Muir. or Port.: LOT 37 PB 1 PG 54 RESIDENTIAL WITH BUILDINGS EXHIBIT B VERIFICATION FRANK FEDERMAN, ESQUIRE, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF THE NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and beliefi The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. LEROY E. ARTZ ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CLrMBERLAND COUNTY No.: 01-849 CERTIFICATION OF SERVICE I, FRANK FEDERMAN, ESQUIRE, hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individuals indicated below on February 2, 2004. LEROY E. ARTZ 531 3RD STREET WEST FA1RV1EW, PA 17025 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Date: February 2, 2004 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ) CiVIL ACTION ) VS. LEROY E. ARTZ ) CWIL DIVISION ) NO. 01-849 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 October 29, 2004 tree and correct copies of the Notice of Sherifffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: February 9. 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff o: ~ $ 0'1.20° 0004300377 ~r~3 T 29 2005 MAILED FROM ZIPcODE ~ 9! 03 RONALD E. METZGER JOYCE METZGER, AND DAViD WHISTLER, Plaintiffs JENNIFER L. JONES AND, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-3097 CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO ENTER APPEARANCE AND NOW, this ~'~ '~ day of,~m~et2.,l~, the Dav, ff"d Yoder, Esq., hereby enters its appearance on behalf of the Defendant, Jennifer Jones. ectfully submitted, David Yoder, E~. Chambersburg Trust Building 14 North Main Street Suite 401 Chambersburg, PA 17201 Phone: 717-263-9593 Fax: 717-709-1247 FEDERMAN AND PHELAN BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. LEROY E. ARTZ CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-849 VERIFICATION I hereby certify that a tree and correct copy of the Notice of Sheriff's Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to the following person(s) LEROY E. ARTZ on FF. BRIIAR¥ 17, 2004 at 531 3RD STREET, WEST FAIRVIEW, PA 17025, in accordance with the Order of Court dated, FEBRI TAR Y 6, 2004. The undersigned understands that this statement is made subject to the penalties of 18 PA. C.S. s4904 relating to unswom falsificaton to authorities. FRANK FEDERMAN, ESQUIKE ATTORNEY FOR PLAINTIFF DATE: March 1, 2004 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. LEROY E. ARTZ ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 01-849 ORDER AND NOW, this /~ ~ day of ~'~.~6-. ,2004, upon consideration of Plaintiffs Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above captioned Defendant(s), LEROY E. ARTZ, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail tq Defendant's las~ known address, which is the mortgaged premises, ~ ?o~t,',,,,I '-t'~_ p~/~r7. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiff's attorney, who will file with the Prothonotar?s Office an Affidavit of service. ¥~ ~ ,' C,/ ,',07 ~k~- m,~;I,',~?~, ,~,~ ~'~-,'"'~- BY THE COURT: TRUE CO!a'Y' FROM RECORD I~ Testimony wh,~r~of, I h6.re and tl~ ~ of sa~d Courl a~ C~rlJ~, Pa. 716~ 3901 9848 1727 TO: LEROY E. ARTZ 531 3RD STREET WEST FAIRVIEW, PA 17025 SENDER: TEAM2 JRL REFERENCE: RETURN _Re.ceipt for Certified Mail <~ ~., AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY No. GD 01-849 DEFENDANT (S) LEROY E. ARTZ SERVE AT 531 3RD STREET W'EST FAIRVIEW, PA 17025 **Please post the Property with the Notice of Sale** SERVED Commonwealth of Pennsylvania, in the manner described below: Type of Action - Notice of Sheriff's Sale Sale Date: MAY 5, 2004 Defendant, on the c~ ~ ~r ~ day 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 bnsiness. -T;}~-Z~Other: ~, ~ ¢ ~'~e,~an officer~,~eo I,a ~°f s~,id Defendant(s)'s~.o · ir~ t company. Description: Age __ Height Weight __ Race __ Sex Other I,('~/~,,t e ~,~c.e. ~ (,~'g.~-~ / ~tJ-ra competent adult, being duly sworn according to law, depose and state'at I personally posted a tree and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subsc~_.d ~.~ ~ before .me this~ ~-)' day LUQLLE ~. ~, 20%¢ NOT SERVED ***ATTEMPT SERVICE NLT THREE (3) TIMES*** On the day of ,200__, at FOUND because: o'clock __.m., Defendant NOT Moved Unknown No Answer Vacant Other: 1st attempt ,2nd attempt ,3rd attempt Date & Time Date & Time Date & Time Sworn to and subscribed before me this day of ,200 _. Notary: By: F&P g41334 Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station- Suite 1400 Philadelphia, PA 19103 (215) 563-7000 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I' SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Federal Home Loan mtg Corp is the grantee the same having been sold to said grantee on the 5thr day of May A.D., 2004, under and by virtue of a writ Execution issued on the 29th day of Oct, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 849, at the suit of Mortgage Electronic Reg Systems Inc against lero¥ E artz is duly recorded in Sheriff's Deed Book No. 263, Page 823. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ ~ day of "]~0~ , A.D2004 '-r)Q~ ~ ~J,~0-~ ~ Recorder of Deeds Mortgage Electronic Registration Systems, Inc. VS Leroy E. Artz In The Court of Common Pleas of Cumberland County, Pennsylvania Writ no. 2001-849 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made diligent search and inquiry for the within named defendant, to wit: Leroy E. Artz, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to Leroy E. Artz. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on January 13, 2004 at 9:55 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Leroy E. Artz located at 531 Third Street, West Fairview, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on May 5, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Federal Home Loan Mortgage Corporation. It being the highest bid and best price received for the same, Federal Home Loan Mortgage Corporation of Foreclosure Unit, Mail Stop 61, P.O. Box 5000, Vienna, VA 22183-5000, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $820.20, it being costs. Sheriffs Costs: Docketing $30.00 Poundage 16.08 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 22.08 Levy 15.00 Surcharge 20.00 Postpone Sale 20.00 Law Journal 260.75 Patriot News 270.97 Share of Bills 29.32 Distribution of Proceeds 25.00 SherixTs Deed 39.50 $ 820.20 Sworn and subscribed to before me This ol~ ~ day of r~ 2004, A.D. ~., . ~ "ro o'not y So Answers: R. Thomas Kline, Sheriff Real Estate~eputy ~, tS'lYqe, 'MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. LEROY E. ARTZ Plaintitt, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-849 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 ~531 3RD STREET, WEST FAIRVIEW, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LEROY E. ARTZ 531 3RD STREET WEST FAIRVIEW, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name EAST PENNSBORO TOWNSHIP Last Kno~vn Address (if address cannot be reasonably ascertained, please indicate) 98 S. ENOLA DRIVE ENOLA, PA 17025~2796 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) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 531 3RD STREET WEST FAIRVIEW, PA 17025 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 snbject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. October 24, 2003 DATE FRANK FEDERMAN, ESQUI1LE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION : SYSTEMS, INC. : Plaintiff, : LEROY E. ARTZ Defendant(s). TO: LEROY E. ARTZ 531 3RD STREET WEST FAIRVIEW, PA 17025 CUMBERLAND COUNTY No. 01-849 October 24, 2003 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREV/OUSLY 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, B UT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY ** Your house (real estate) at, 531 3RD STREET, WEST FAIRVIEW, PA 17025, is scheduled to be sold at the Sheriffs Sale on MARCH 3, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enfome the court judgment of $63,595.60 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. 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 ffossly 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 fight to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately aRer 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 11/05/03 WED 02:29 FAX 2154050180 FEDERMAN&PHELAN 002 EAST PEENSBORO T0}~..SH:[P F/K/A ALL THAT CERTAIN portion, piece or parcel of land situate in the Borough of West Fau'view, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the eastern line of Third Street, ninety-seven (97) feet south of the southeast corner of the intersection of Third Street and May Avenue; thence eastwardly along the southern line of Lot No. 36, on the hereinafter mentioned Plan of Lots, one hundred and nine (109) feet to apoint in the Western line of a twenty..(20)feet wide alley; thence s0uthwardly along the western line of said twenty (20) feet Wide alley, thirty (30) feet to a point;/thence we~twardly along the northern tine of Lot No. 38, one hundred and nine and five-tenths (109.5) feet to a point in the eastern llne of Third Street; thence northwardly along the eastern line of Third Street, thirty (30) feet to a point, the place of be~nnlng. BEING Lot No. 37 in H.R. May's Second Addition to the borough of West Falrview; said Plan being recorded in the Office for the Recorder of Deeds in and for Cumberland County in Plan Book 1, Page 54. HAVING thereon erected a single' frame dwelling known ~nd numbered as No. 531 Third Street, West Fairview, Pennsylvania. Tax Parcel #45-16-1.050-143 TITLE TO SAID PREMISES IS VESTED IN Leroy E. Artz, single by Deed from Dale A. Ryder and JoAnn~ J. Ryder, his wife, dated 11/11/96, recorded 11/15/96, in Deed Book 149, Page 126. ' REAL ESTATE SAEE 'No. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-849 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 LEROY E. ARTZ (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 $63, 595.60 L.L. $.50 Interest FROM 4/11/01 TO 3/3/04 (PER DIEM - $10.45) - $11,056.10 AND COSTS Atty's Corem % Due Prothy $1.00 Arty Paid $109.30 Other Costs Plaintiff Paid Date: OCTOBER 29, 2003 (Seal) CURTIS R. LONG Prothono~ 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 Real Estate Sale # 2t7 On November 17, 2003 the sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 531 Third Street, West Fairview, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 17,2003 By: j6c~;~j~? Real Estate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 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 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 20th and 27th day(s) of January and the 3rd day(s) of February 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 Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ..................................................... ~_~ = ...................... C O P Y ~worn to 23rd da~'~ Fe~'b'~ 2004 A.D. My ~mmission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 o~.,~=.-~-~--;i~.~'-~,~ Statement of Advertising Costs ~~~ TO THE PATRIOT-NEWS CO., Dr. ~~~ For publishing the notice or publication attached ~~~ hereto on the above stated dates ~ ~.~ (~. Total $ 270.97 ~.~ ~,_.~ ,~ Pubhshers Receipt for Advertising Cost ~ ,~ ~ ~r. publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general c~rculation, hereby acknowledge receipt of the aforesaid notice and publication costs and ce~ifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Joumal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. REAL ESTATE aALE NO. 27 Writ No. 2001 849 Civil Mortgage Electronic Registration Systems, Inc. VS. Leroy E. Artz Atty.: Frank Federman ALL THAT CERTAIN portion. piece or parcel of land situate in the East Pennsboro Township, f/k/a Borough of West Falrview, County of Cumberland and State of Penn- sylvania, more particularly bounded and descr/bed as follows, to wit: BEGINNING at a point in the eastern line of Third Street, ninety seven (97) feet south of the south- east corner of the intersection of Third Street and May Avenue: thence east wardly along the southern line of Lot No. 36. on the hereinafter men- tioned Plan of Lots, one hundred western line of a twenty {20) feet wide alley; thence southwardly along [he wes_tern, line of said twenty (201 ~/gisa Marie Coyne, ~ditor SWORN TO AND SUBSCRIBED before me this 30 day of JANUARY 2004 LOiS E, SNYDER, Notary Public Cadisle Boro, Cumberland County My Commission Expires March 5, 2005 REAL ESTATE SALE No. Writ No. 2001-849 Civil Term Mortgage Electronic Registration Syst~, Inc. Leroy E. Artz Att*y: Frank Federrnan DESCRIPTION ALLTHATCERTA ,q . l?Wnshlp f/k/a Bo-~ ", East (I09) ~v River A!!e? h~einafter ~ Flan ~5 Lots 5 ~e~ on h~i~after of even S~c°nd 3 o{' 'oeir, g ~3