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Home My WebLink About02-0729 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAlNTWF COURT OF COMMON PLEAS CIVIL DIVISION CENDANT MORTGAGE CORPORATION F/KJA PHH MORTGAGE SERVICES CORPORATION 6000 ATRIUM WAY MT. LAUREL, NJ 08054 Plaintiff TERM NO. D?-7.:J.9 C.~u~lT~ v. CUMBERLAND COUNTY THOMAS S. AYERS BETSY L. AYERS 379 OLD STATE ROAD GARDNERS, P A. 17324 Defendant( s) CML ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. W 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 LffiERTY AVENUE CARLISLE, P A 17013 (717)249-3166 Loan #: 0006172175 IF TmS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TmS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1. Plaintiff is CENDMITMORTGAGECO~OAATIDN F/K/A PHH MORTGAGE SERVICES CO~OAATION 6000 ATRIUM WAY MT. LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: THOMAS S. AYERS BETSY L. AYERS 379 OLD STATE ROAD GARDNERS, P A. 17324 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 8/25/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MEMBERS 1ST FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1402, Page 730. By Assignment of Mortgage recorded 9/2/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 556, Page 46. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 4/1/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest 3/1/01 through 1/1/02 (per Diem $8.05) Attorney's Fees Cumulative Late Charges 8/25/97 to 1/1/02 Cost of Suit and Title Search Subtotal $43,759.64 2,471.35 1,225.00 204.21 550.00 $48,210.20 Escrow Credit Deficit Subtotal TOTAL 0.00 228.10 $ 228.10 $48,438.30 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. S1680A03c. 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) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $48,438.30, together with interest from 1/1/02 at the rate of $8.05 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale ofthe mortgaged property. FEDERMAN AND PHELAN, LLP By: ~'" ~p/"__J'1I" ~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 1\11 THOSE CERTAIN tracts of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT #1: BEGINNING at a point in the center line of the old Carlisle-Gettysbur~ Highway, which point is a corner oe Tract No. :2 on the hereinafter llIentionea plan of lots recorded if1 the office of the Recorder of Deeds in and for Cumberland County .It Carlisle, Pennsylvania in Plan Book 10, Pa<;Je 52; thenc'~ by said Tract No.2, North seventy-four (74) degrees twenty (211) minutes West, a distance of one hundred forty-six and f i '.re teni:hs (146.5) feet to a point (iron pin); thence along line of Tract #3 hereinafter described, North fifteen (15) degrees twent:y-five (25) minutes East, a distance of forty-eight and one-tE,nth (48.1) feet to a point (iron pin); thence 'alon~ lana now or fc,rmerly of . Lena K. Runtz and chester J. Kuntz, her hSUband, South seventy-three ana one-fourth (73 1/4) degrees East, a distance of one hundred forty-six ana five tenths (146.5) feet to a point in the center line of said old CarliSle-Gettysburg Highway; thence by the center line of saia highway, South fifteen and one-half (15 1/2) degrees West, a aistance of forty-six and four tenths (40.4) feet to a point, the place of BEGINNING. BEING improved with a 1 story frame bungalow .~na al';o BEING Tract No. 1 as desi<;nated on a Plan of Lots recorded in the Office of the ReCorder of Deeds in and for Cumberland c'>nty, in Plan Book 10, page 52. TRACT #2: BEGINNING at a point in the center of the old Carlisle-Gettysburg public road at corner of land conveyed to Christine L. Beam by deed dated July 24, 1964 and recorded in the hereinafter mentioned Recorder's Office in Deea Book J, Volume 21, Page 1131; thence along said land now or formerly of Christine L. Beam, North 73 1/2 degrees West, a distance of 148 feet to an iron pin; thence along line of Tract #3 hereinafter described, North 14 degrees East, a distance of 15 feet to a point at corner of Tract #1 hereinbefore described; thence along Tract 11, South 73 1/2 degrees East, a distance of 148 feet to a point in the center line of the old carlisle-Gettysburg pUblic road; thence along the center line of the old Carlisle-Gettysburg pUblio road, South 13 degrees West, a distance of 15 feet to a point, the place of BEGINNING. CONTAINING 15 feet in front along the center line of the old Carlisle-Gettysburg public road and extending westwardly therefrom at an even width a distance of 148 feet, in accordance with surveys made by P.S. Orner on August 17, 1944 and April 18, 1945. BEING THE SAME PREMISES which Thomas S. Ayers and Kathy E. Ayers, conveyed unto Thomas S. Ayers by deed datea April 16, 1996 and recorded April 19, 1996 in the Recoraer's Office in and for Cumberland county, Pa. in Recora Book 137, page 1014. TRACT 13l BEGINNING at a common point of lands of Raymond L. Rickrode and now or formerly of Arthur Murray, said point being approximately 147.5 feet from the centerline of T-522, Old Gettysburg Roaa; thence along Lot NO. 10, as shown on the above plan, North 74 degrees 23 minutes 00 seconds West, 100.00 feet to an iron pin; thence along Lot NO.1, North 15 degrees 30 minutes 25 seconds East, 63.23 feet to an iron pin; thence along Lot No. 12, South 74 degrees 23 minutes 00 seconds East, 100.00 feet to an iron pin; thence alon<;J lands now or formerly of Arthur Murray, South 15 aegrees 30 minutes 25 seconds West, 63.23 feet to an iron pin, the place at BEGINNING. CONTAINING 0.1452 acres and BEING Lot No. lion a plan prepared by Eu<;Jene A. Hockensmith, R.S., dated February 5, 1988 and recorded in the Office of the Recorder of Deeds for Cumberland County, in Plan Book 55, Page 16. BEING THE SAME PREMISES which Kenneth M. Bream and Doris M. Bream, his wife, conveyed unto Thomas Ayers and Kathy Ayers, his wife, by aeed aated March 23, 1994 and recorded April 20, 1994 in the Recorder's Office in and for Cumberland County, Pa. in Record Book 104, Page 240. PREMISES OB: 379 OLD STATE ROAD VERIFICATION MARK RUNKLE hereby states that he is V.P. ofCENDANT MORTGAGE SERVICES mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ft1~tW ( DATE: ~ Ii plOd. N(J~ ~ l!: 't ~~5> ~~~~()~ - D D- r: I f ~ )3 rP t/J l r ~ J o = ,J; ~ rn r T--: 1;):) Z:L' B; ~~-- -<-. CO ~~F: )..'c: Z ~ -.,) tv :".) (J1 rt SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-00729 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CENDANT MORTGAGE CORP ET AL VS AYERS THOMAS S ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT AYERS THOMAS S but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , AYERS THOMAS S 379 OLD STATE RD APPEARS TO BE VACANT. HE RECEIVES MAIL AT 821 FAIRFIELD ST BUT DOES NOT LIVE THERE, PER THE RESIDENT. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 13.80 5.00 10.00 .00 46.80 ~.~~ ~ R Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 02/27/2002 Sworn and subscribed to before me IAJ- day of 'rvu ...J-.- this J(n) :2..J A . D . ~a1k.j~J') ~. Pr t onotary , SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-00729 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CENDANT MORTGAGE CORP ET AL VS AYERS THOMAS S ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT AYERS BETSY L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , AYERS BETSY L 379 OLD STATE RD APPEARS TO BE VACANT. SHE RECEIVES MAIL AT 821 FAIRFIELD BUT DOES NOT LIVE THERE, PER THE RESIDENT. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 S~~~~ . / /~<.-_/ . ~~ R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 02/27/2002 Sworn and subscribed to before me this 1M-- day of ~ df16.L A.D. Q,f;.' () !yu1;,. "~ P t onotary . . FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATIORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION CENDANT MORTGAGE CORPORATION FIKJA PHH MORTGAGE SERVICES CORPORATION 6000 ATRIUM WAY MT.LAtntEL,NJ08054 Plaintiff TERM NO. O~- 7;).9 C?10'C ~~ v. CUMBERLAND COUNTY THOMAS S. AYERS BETSY L. AYERS 379 OLD STATE ROAD GARDNERS, P A. 17324 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNfY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA ]7013 (7] 7) 249-3166 We hereby cert'fy w'th' .. I the I L'i to he !.11-cur> .~ ::,'.:r\<"<-,.-,.c --,' c~nd Loan #: 0006172175 <-- TRUECOPV FROM RECORD 1ft TIIUmony Whereof. I here unto SIt my hind _11oo ~ at said ~ CorIIoIo .... ~j: ~~ ~+.b ) '. F(u ."'.~!;,;. .... ~~ &'\O~K~tJ tel"l"",' r'): ,',_ . "....; n.l::LAN IF TmS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TmS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFfER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. . . 1. Plaintiff is CENDANT MORTGAGE CORPORATION F/K/A PHH MORTGAGE SERVICES CORPORATION 6000 ATRIUM WAY MT. LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: THOMAS S. AYERS BETSY L. AYERS 379 OLD STATE ROAD GARDNERS, P A. 17324 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 8/25/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MEMBERS 1ST FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1402, Page 730. By Assignment of Mortgage recorded 9/2/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 556, Page 46. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 4/1/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest 3/1101 through 111102 (per Diem $8.05) Attorney's Fees Cumulative Late Charges 8/25/97 to 111102 Cost of Suit and Title Search Subtotal $43,759.64 2,471.35 1,225.00 204.21 550.00 $48,210.20 Escrow Credit Deficit Subtotal 0.00 228.10 $ 228.10 TOTAL $48,438.30 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. ~ l680A03c. 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) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $48,438.30, together with interest from 111/02 at the rate of $8.05 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. FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff : AIr THOSE CERTAIN tracts of land situate in Dickinson Township, Cumberland county, Pennsylvania, bounded and described as follows: TRACT #1: BEGINNING at a point in the center line of the old Carlisle-Gettysburq Highway, which point is a corner o~ Tract No. 2 on the hereinafter mentioned plan of lots recorded i~ the Office of the Recorder of Deeds in and for Cumberland County ,It Carlisle, Pennsylvania in Plan Book 10, Page 52; thenc'l by said Tract No.2, North seventy-four (74) degrees twenty (2:1) minutes West, a distance of one hundred forty-six and fi'J'e ten~:hs (146.5) feet to a point (iron pin); thence along line of Tract #3 hereinafter described, North fifteen (15) degree~; twen~:y-five (25) minutes East, a distance of forty-eight and one-te,nth (48.1) feet to a point (iron pin); thence along land now or fc,rmerly of . Lena K. Kuntz and chester J. Kuntz, her hsuband, South seventy-three and one-fourth (73 1/4) degrees East, a distance of one hundred forty-six and five tenths (146.5) feet to a point in the center line of said old Carlisle-Gettysburq Highway; thence by the centQr line of said hiqhway, South fifteen and one-half (15 1/2) degrQes West, a distance of forty-six and four tenths (46.4) feet to a point, the place of BEGINNING. BEING improved with a 1 story frame bungalow ,3nd al:;;o BEING Tract No. 1 as desisnated on a Plan of Lots recorded in the Orfice of the Recorder of Deeds in and for Cumber.Land clInty, in Plan Book 10, Page 52. TRACT #2: BEGINNING at a point in the center of the old Carlisle-Gettys~urg pu~lic road at corner of land conveyed to Christine L. Beam by deed dated July 24, 1964 and recorded in the hereinafter mentioned Recorder's Office in Deed Book J, Volume 21. Page 1131; thence along said land now or formerly of Christine L. Beam, North 73 1/2 degrees West, a distance of 143 feet to an iron pin; thence along line of Tract #3 hereinafter described, North 14 degrees East, a distance of 15 feet to a point at corner of Tract #1 hereinbefore described; thence along Tract #1, South 73 1/2 degrees East, a distance of 143 feet to a point in the center line of the old carlisle-Gettysburg pUb1ic road; thence along the center line of the old Carlisle-Gettysburg pUblic road, South 13 degrees West, a distance of 15 feet to a point, the place of BEGINNING. CONTAINING 15 feet in front along the center line of the old Carlisle-Gettysburg public road and extending westwardly therefrom at an even width a distance of 143 feet, in accordance with surveys made by P.S. Orner on August 17, 1944 and April 18, 1943. BEING THE SAME PREMISES which Thomas S. Ayers and Kathy E. Ayers, conveyed unto Thomas S. Ayers by deed dated April 16, 1996 and recorded April 19, 1996 in the Recorder's Office in and for Cumberland county, Pa. in Record Book 137, Page 1014. TRACT #3: BEGINNING at a common point of lands of Raymond t. Rickrode and now or formerly of Arthur Murray, said point being approximately 147.5 feet from the centerline of T-S22, Old Gettysburg Road; thence along Lot NO. 10, as shown on the above plan, North 74 degrees 23 minutes 00 seconds West, 100.00 feet to an iron pin; thence along Lot NO.1, North 15 degrees 30 minutes 25 seconds East, 63.23 feet to an iron pin; thence along Lot No. 12, South 74 degrees 23 minutes 00 seconds East, 100.00 feet to an iron pin; thence along lands now or formerly of Arthur Murray, South 15 degrees 30 minutes 25 seconds West, 63.23 feet to an iron pin, the place at BEGINNING. CONTAINING 0,1452 acres and BEING Lot No. 11 on a plan prepared by Eugene A. Hockensmith, R.S., dated February 5/ 1988 and recorded in the Office of the RecordQr of Deeds for Cumberland County, in Plan Book 55, Page 16. BEING THE SAME PREMISES which Kenneth M. Bream and Doris M. Bream, his wife, conveyed unto Thomas Ayers and Kathy Ayers, his wife, by deed dated March 23, 1994 and recorded April 20, 1994 in the Recorder's Office in and for Cumberland County, Pa. in Record Book 104, Page 240. PREMISES ON: 379 OLD STATE ROAD VERlFICA nON MARK HIINKLE hereby states that he is V.P. ofCENDANT MORTGAGE SERVICES mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Jt;~ t JlJ/ ( DATE: .--9 ) / jJ I ();] . . ~ ~ ~ ~ I$~IP$ V'INVA1ASNN3d :-~ 1 ! :,1 \1 ~! lO. Hd Sf E "933 AlNilC) .:::, i:J8fjnO .:I.:IllJ3HS Jill JO 3;)1.:1:10 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CENDANT MORTGAGE CORPORATION FIKJA PHH MORTGAGE SERVICES CORPORATION 6000 ATRIUM WAY MT. LAUREL, NJ 08054 A TIORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO.O~ -7;)'? el0l-C/~~ CUMBERLAND COUNTY v. THOMAS S. AYERS BETSY L. AYERS 379 OLD STATE ROAD GARDNERS, PA. 17324 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. We hereby certify the .y' . WI,nm to be a true and CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 CGJ of 'U10 . . 1'A\JE COPV FROM RECORD .. T~ ...... I.. unlit III liar.... .....~.._~PL ""/./.i ."'p ~ ) orig:n&~ 'died or ,ecord FEDERMAN AND PHELAN Loan #: 0006172175 '-- ~ IF TmS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TmS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1. Plaintiff is CENDANT MORTGAGE CORPORATION F/KJA PHH MORTGAGE SERVICES CORPORATION 6000 ATRIUM WAY MT. LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: THOMAS S. AYERS BETSY L. AYERS 379 OLD STATE ROAD GARDNERS, PA. 17324 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 8/25/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MEMBERS 1ST FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1402, Page 730. By Assignment of Mortgage recorded 9/2/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 556, Page 46. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 4/1/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest 3/1/01 through 1/1/02 (per Diem $8.05) Attorney's Fees Cumulative Late Charges 8/25/97 to 1/1/02 Cost of Suit and Title Search Subtotal $43,759.64 2,471.35 1,225.00 204.21 550.00 $48,210.20 Escrow Credit Deficit Subtotal TOTAL 0.00 228.10 $ 228.10 $48,438.30 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. ~ 1680.403c. 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) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $48,438.30, together with interest from 1/1/02 at the rate of $8.05 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. FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff AI! THOSE CERTAIN tracts of land situate in Dickinson Township, Cumberland county, Pennsylvania, bounded and described as follows: TRACT 11: BEGINNING at a point in the center line of the old Carlisle-Gettysburg Highway, which point is a corner o~ Tract No. 2 on the hereinafter mentioned plan of lots recorded in the Office of the Recorder of Deeds in and for Cumberland County .It Carlisle, Pennsylvania in Plan Book 10, Page 52; thenc'~ by said Tract No.2, North seventy-four (74) degrees twenty (2:1) minutes West, a distance of one hundred forty-six anc1 f i 'fe tenj:hs (14 6.5) feet to a point (iron pin); thence along line of Tract #J hereinafter described, North fifteen (15) degree~; twen~:y-five (25) minutes East, a distance of forty-eight and one-tE!l1th (48.1) feet to a point (iron pin); thence along land now or f(,rmerly of . Lena K. ~untz and Chester J. Kuntz, her hsuband, South seventy-three and one-fourth (73 1/4) degrees ~ast, a distance of one hundred forty-six and five tenths (146.5) feet to a point in the center line of said old carlisle-Gettysburg Highway; thence by the center line of saiQ highway, South fifteen and one-half (15 1/2) degrees West, a distance of forty-six and four t@nths (46,4) feet to a point, the place of BEGINNING. BEING improved with a 1 story frame bungalow and a1:;0 BEING Tract No. 1 as dasignated on a Plan of Lots recorded in the Office of the Recorder of Deeds in and for Cumber.land C!lnty, in Plan Book 10, Page 52. TRACT #2: BEGINNING at a point in the center of the old CarliSle-Gettysburg public road at corner of land conveyed to Christine L. Beam by deed dated July 24, 1964 and recorded in the hereinafter mentioned Recorder's Office in Deed BOOK J, Volume 21, Page 1131; thence along said land now or formerly of Christine L. Beam, North 73 1/2 degrees West, a distance of 148 feet to an iron pin; thence along line of Tract #3 hereinafter described, North 14 degrees East, a distance of 15 feet to a point at corner of Tract #1 hereinbefore described; thence along Tract 11, South 73 1/2 degrees East, a distance of 148 feet to a point in the eenter line of the old carlisle-Gettysburg public road; thence along the center line of the old Carlisle-Gettysburg public road, South 13 degrees West, a distance of 15 feet to a point, the place of BEGINNING. CONTAINING 15 feet in front along the center line of the old Carlisle-Gettysburg public road and extending westwardly therefrom at an even width a distance or 148 reet, in accordance with surveys made by P.S. Orner on August 17, 1944 and April 18, 1945. BEING THE SAME PREMISES which Thomas s. Ayers and Kathy E. Ayers, conveyed unto Thomas S. Ayers by deed dated April ~6, 1996 and recorded April 19, 1996 in the Recorder's Office in and tor Cumberland County, Pa, in Record Book 137, Page 10~4. TRACT #3: BEGINNING at a common point of lands of Raymond L. Rickrode and now or formerly of Arthur Murray, said point being approximately 147.5 feet from the centerline of T-522, Old Gettysburg Road; thence along Lot No. 10, as shown on the above plan, North 74 degrees 23 minutes 00 seconds West, 100.00 feet to an iron pin; thence along Lot NO.1, North 15 degrees 30 minutes 25 seconds East, 63.23 feet to an iron pin; thence along Lot No. ~2, South 74 degrees 23 minutes 00 seconds East, 100.00 feet to an iron pin; thence along lands now or rormerly or Arthur Murray, South 15 degrees 30 minutes 25 seconds West, 63.23 feet to an iron pin. the place of BEGINNING. CONTAINING 0.1452 acres and BEING Lot No. 11 on a plan prepared by EUgene A. Hockensmith, R.S., dated February 5, 1988 and recorded in the Office of the Recorder of Deeds for Cumberland County, in Plan Book 55, Page 16. BEING THE SAME PREMISES which Kenneth M. Bream and Doris M. Bream, his wife, conveyed unto Thomas Ayers and Kathy Ayers, his wife, by deed dated March 23, 1994 and recorded April 20, 1994 in the Recorder's Office in and for Cumberland County, Pa. in Record Book 104, Page 240. PREMISES ON: 379 OLD STATE ROAD VERIFICA nON MARK HIINKLE hereby states that he is V.P. ofCENDANT MORTGAGE SERVICES mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belie( 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. hit. i JjJ/ { DATE: ~Jlpl()d. . ~ ~ ~ Itf9/j7it 'II NY /1.1,( S PI ,'J3d ~ t'" :1') lO. Wd Sf t II 83J J.lNoe:! 1\ ".-dr/nO JJ/!J3HS 3111 30 1.')/.:UO 1- FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (7 1 ~) ~1i,-7000 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION, F/KIA PHH MORTGAGE SERVICES CORPORATION COURT OF COMMON PLEAS CIVIL DMSION vs. CUMBERLAND COUNTY THOMAS S. AYERS BETSY L. AYERS NO. 02-729 CIVIL TERM TIllS FIRM IS A DEBT COLLECroRATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR TIIAT PURPOSE. IF YOU HA VB PREYIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY AND TIllS DEBT WAS NOT REAFFIRMED. TIllS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A UEN AGAINST FROPERTY. MOTION FOR SERVICE PURSUANT TO SPECT A. T. ORnF.R OF COTJRT Plaintiff, by its counsel, Michele M. Bradford, Esquire, moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant(s) by Certified mail and regular mail to the Defendant's last known address and mortgaged premises located at 379 OLD STATE ROAD, GARDNERS, P A 17324 and in support thereof avers the following: 1. Attempts to serve Defendant(s) with the Complaint have been unsuccessful, as indicated by the Sheriffs Return 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(s). An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". MXP, Svc Dept. H:/Main Formslmotions/county.comp 3. Internal records reviewed by Plaintiff and has not been contacted by defendant as of APRIL 3, 2002 to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the defendants, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint by certified mail and regular mail. ~ :jJJ Michele M. B~~uire MXP, Svc Dept. H:lMain Forms/motions/county.comp FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. !.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (?1 'i) 'in1-7000 CENDANT MORTGAGE CORPORATION, FIKIA PHH MORTGAGE SERVICES CORPORATION ATTORNEY FOR PLAINTIFF vs. COURT OF COMMON PLEAS CIVIL DlVISION CUMBERLAND COUNTY NO. 02-729 CIVIL TERM THOMAS S. AYERS BETSY L. AYERS MF.MORANlllTM OFT.AW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may 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 detennine the whereabouts of the Defendant(s) and the reasons why service cannot be made. Note: A Sheriff's return of ''Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. r...m7Al~ Vll Pn1i<;:, 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." Ati"Ptinn nfWR11cP.1", 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 Infmmation 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 Sheriff's Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests service of the Complaint by certified mail and regular mail. Respectfully submitted: ~J7t.~~ Michele M. Bradfurd, Es ire H:/Main FonnsImotions/county.comp SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-00729 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CENDANT MORTGAGE CORP ET AL VS AYERS THOMAS S ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT AYERS THOMAS S but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , AYERS THOMAS S 379 OLD STATE RD APPEARS TO BE VACANT. HE RECEIVES MAIL AT 821 FAIRFIELD ST BUT DOES NOT LIVE THERE, PER THE RESIDENT. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 13.80 5.00 10.00 .00 46.80 s.~answe , /~> _ ~/~ .' ../: />;:::-_/ ://-"" ,/ -?~- , /" :f?::;e?:::;;:::: ~,;.- .......-:: R Thomas Kline Sheriff of Cumberland County ~/' FEDERMAN & PHELAN 02/27/2002 Sworn and subscribed to before me this day of A.D. Prothonotary e.xtUB\T A o;Ht:KU'.r. '0; Kt:TUKN - NUT r.UUNU CASE NO: 2002-00729 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CENDANT MORTGAGE CORP ET AL VS AYERS THOMAS S ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT AYERS BETSY L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , AYERS BETSY L 379 OLD STATE RD APPEARS TO BE VACANT. SHE RECEIVES MAIL AT 821 FAIRFIELD BUT DOES NOT LIVE THERE, PER THE RESIDENT. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 So ans~;:::::/ /./ //;" <~~~ R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 02/27/2002 Sworn and subscribed to before me this day of A.D. Prothonotary EXHlBITA DEFAULT EXPRESS SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Nwnber: 02-3466 Attorney Firm: Federman & Phelan Subject: Thomas S. Ayers & Betsy J. Ayers Current Address: 379 Old State Rd. Gardners, PA 17324 Property Address: 379 Old State Rd. Gardners, PA 17324 Mailing Address: 379 Old State Rd. Gardners, P A 17324 I Steven M. Ruffo, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Thomas S. Ayers - 213-68-6987 Betsy J. Ayers - 184-46-3292 B. EMPLOYMENT SEARCH Thomas S. Ayers - unknown Betsy J. Ayers - unknown C. INQUIRY OF CREDITORS The creditors indicate that Thomas S. Ayers & Betsy J. Ayers reside(s) at: 379 Old State Rd. Gardners, PA 17324 II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Indicated that Thomas S. Ayers & Betsy J. Ayers reside(s) at: 379 Old State Rd. Gardners, P A 17324 - 717-486-3699 III. INQUIRY OF NEIGHBORS J. Rickrode 377 Old State Rd. and he verified that Thomas S. Ayers & Betsy J. Ayers reside(s) at: 379 Old State Rd. Gardners, PA 17324 IV. INQUIRY OF POST OFFICE A. NATIONAL ADDRESS UPDATE Thomas S. Ayers & Betsy J. Ayers - 379 Old State Rd. Gardners, P A 17324 V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per the Pennsylvania Department of Motor Vehicle Thomas S. Ayers & Betsy J. Ayers reside(s) at: 379 Old State Rd. Gardn.ers, PA 17324 VI. OTHER INQUIRIES A. DEATH RECORDS As of Feb. 1,2002 Vital Records has no death record on file for Thomas S. Ayers & Betsy J. Ayers. EXHIBIT B ",/ 1._, B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC.) none C. COUNTY VOTER REGISTRATION The Adams Cnty Voter reg has a registration for Thomas S. Ayers & Betsy J. Ayers residing at: 379 Old State Rd. Gardners, P A 17324 VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Thomas S. Ayers - 12/17/54 Betsy J. Ayers - unknown B. A.K.A. none The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. SteueIe?lt. 7l2r4b AFFIANT Steven M. Ruffo Default Express Services, Inc. President Sworn to and subscribed before me this _6_day of _Mar_20OZ NOTARIAL SEAL Luz M. Arango, Notary Public Philadelphia, Philadelphia County My Commission Expires Oct. 30, 2004 DEFAULT EXPRESS SERVICES, INC 43 WILSON DRIVE SICKLERVILLE, NJ 08081 PHONE: (856) 740-5027 DEF A ULTEXPRESS@COMCASTNET ~\0\\ e VRR TFTC. A TTON Michele M. Bradford, Esquire, hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: April' 7001 ~>>t. Michele M. Bradford, Es uire H:/Main Fonns/motions/county.comp >- ..:1- ~ ~ -. 2: 0 - 5:"!; t'.., )~ ::c o;f 1+S€ 2~' "- r~~~ C) c!: ...:t" ',oW U.tC,_ I ."3;;;:- Li~/'! li: '~2 "- iBif! 1-'. "'" ~ ?5 N 8 0 . FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. 1.0. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (7 1 ~) ~1i1- 7000 CENDANT MORTGAGE CORPORATION, F/K/A PIlli MORTGAGE SERVICES CORPORATION ATTORNEYFORP~~ COURT OF COMMON PLEAS CIVIL DMSION Vs. CUMBERLAND COUNTY THOMAS S. AYERS BETSY L. AYERS NO. 02-729 CIVIL TERM CF.RTIFICATION OF SF.RVTCF. I, Michele M. Bradford, Esquire, herby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. THOMAS S. AYERS AND BETSY L. AYERS at: 379 OLD STATE ROAD GARDNERS, PA 17324 And 821 FAIRFIELD STREET MECHANICSBURG, PA 17055-4021 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. S4904 relating to unsworn falsification to authorities. Date: April 1 JOm ~lK-' Michele M. Bradford, Es uire Attorney for Plaintiff MXP, Svc Dept. H:/Main Forms/motions/county.comp . ~ 0 ~ N - 'i' ~f!J -0 ::0 i11 ilJ ~ I :g~ .c- ~6 (') -0 ~.jj ls ::::JI: q~ - ~ ~ -. - ~ .c- FEDERMAN AND PHELAN BY: FRANKFEDERMAN,ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (71 ~) ~(i,_7000 Attorney for Plaintiff CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff vs. THOMAS S. AYERS BETSY L. AYERS Cumberland County NO:02-729 CIVIL TERM Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. 1-~f~ PRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Date: April 3, 2002 MXP,SVC DEPT ~ 0 l:(, N ",.. --i ~!B " T -,:0 ::0 rllTi I -v ~.~ .c- :0:5 ("1 . ;.;::::0 -0 :r:;:B ~8 :x ~" - om "'c .. ~ ~ c.:> -< FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE . Identifi'cation No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, P A 19103-1814 (7.1 ~) ~h1- 7000 CENDANT MORTGAGE CORPORATION, FIK/A PHH MORTGAGE SERVICES CORPORATION Attorney for Plaintiff : COURT OF COMMON PLEAS Plaintiff : CIVIL DMSION vs. : CUMBERLAND COUNTY THOMAS S. AYERS BETSY L. AYERS : NO. 02-729 CIVIL TERM Defendant( s) AFFIDAVIT OF SERVICE OF COMPLAINT BV MATT, PTTRSTT A NT TO C'OTTRT ORnF,R I hereby certifY that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, to THOMAS S. AYERS and BETSY L. AYERS at 379 OLD STATE ROAD, GARDNERS, PA 17324 and 821 FAIRF1ELD STREET, MECHANICSBURG, P A 17055-4021 on April 17, 200~, in accordance with the Order of Court dated APRIL 9, 2002. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: April 17 7007 ~AO~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff .- " 0 Cl C} C N 'n ?::': "'" ""OCL, -0 :n rnn "" r- 2:1' N ",,\""T1 :z:c,.: -")0 (f>.,.- N 'c ~e:; ,j, ..J -0 :::? -ri ..-0 ~O -"'<- DB -0 - 5'" :;pc CC\ ~ "" ~ ~ ,. FEDERMAN AND PHELAN BY: FRANKFEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEYFORP~IFF vs. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DNISION CENDANT MORTGAGE CORPORATION THOMAS S. AYERS BETSY J. AYERS NO. 02-729 VRRTFTrATTON I hereby certify that a true and correct copy of the Notice of Sheriffs Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to the following person(s) THOMAS S. AYERS & BETSY 1. AYERS on 5/21/02 as evidenced by the attached receipts, in accordance with the Order of Court dated, 4/9/02. The undersigned understands that this statement is made subject to the penalties of 18 PA. 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""" ~ - . - t: '- 67276541 - I I I I I I I I I I t""' ~. o>z -.t:l,.1O \/It:l,.8 '" '"l '" == ~ 10 t:l,.",== ~ t:l,. '"C-O"Tl ::>"O\:5trJ ==.:......otJ ~ ~ a' trJ~ >0 S 5 ~"Tl() . . g '"C:;'::...~ >g~ -:;310 \0",'" -t:l,.en'"C 0,< s:: ::c 't'O;lO"trj ;;;;o~t""' :i:~~~ ~ e; en' a. ,p. g. P ~ e ~ =\/l~ ~ g. . '" 0_ ~i!5 = 0 '"l Q .. il .. ~ iI' : i i I TO: BETSY J. AYERS I 379 OLD STATE ROAD I GARDNERS, PA 17324 I I I I j I 1 I I i I i I I , I I ! 71bO 3901 9844 8593 0933 TO: BETSY J. AYERS 821 FAIRFIELD STREET MECHANICSBURG, PA 17055-4021 SENDER: KMD-SALES REFERENCE: #0006172175 PS Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Totel Postage & Fees US Postal Service Receipt for Certified Mail No Insufanee Cowtrage Provided Do Not Use for InternatlonaJ Mail 71bO 3901 9844 8593 0940 TO: THOMAS S. AYERS 821 FAIRFIELD STREET MECHANICSBURG, PA 17055-4021 SENDER: KMD-SALES REFERENCE: #0006172175 PS Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees J I I J ! i 1 i:,',." No Insurance Coverage Provided . . _ 00 Not Use fOf International Mail US Postal Service Receipt for Certified Mail 71bO 3901 9844 8593 0919 SENDER: KMD-SALES REFERENCE: 0006172175 RETURN RECEIPT SERVICE US Postal Service Receipt for Certified Mail No Insurance Cowtrage Provided Do Not Use for International MaR .34 2.10 71bO 3901 9844 8593 092b TO: THOMAS S. AYERS 379 OLD STATE ROAD GARDNERS, PA 17324 SENDER: KMD-SALES REFERENCE: #0006172175 PS Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Deli ery Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail .34 2.10 >- c:: ~ ,; UJ ~~:'.~. c:i', tH~'. I' O!_, LU-n __,J t" [L.: : [:": tL o C) -:J '>- (-- '--.7 .. c:: ~~] 3f ~'~~' ?5 :"">- .'U) 'j;:::- ,j~:-Z ~,lJLU ,Uo... :?i J U _:'~- &(~ CO N >- 1IK.."t ::lC <0J f;:J , . FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SmTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION FfKlA PHH MORTGAGE SERVICES CORPORATION 6000 ATRIUM WAY MT. LAUREL, NJ 08054 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 02-729 CIVIL TERM THOMAS S. AYERS BETSY J. AYERS Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against THOMAS S. AYERS and BETSY J. AYERS, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 1/2/02 to 5/21/02 TOTAL $48,438.30 $ 1.127.00 $49,565.30 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. 't Uv..l~ ^ ^^fI OA^^ RANK. F ERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: S--d.l-o)... C~ e:/..." PRO PROTHY v..... r2) f FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. LD. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (1 1 ~) ~(i,- 7000 ATTORNEY FOR PLAlNTIFF APR Q 5 2QOZ ~ CENDANT MORTGAGE CORPORATION, F!K/A PHH MORTGAGE SERVICES CORPORATION COURT OF COMMON PLEAS CIVlL DNISION vs. CUMBERLAND COUNTY THOMAS S. AYERS BETSY L. AYERS NO. 02-729 CIVlL TERM ORDER AND NOW, this q+h day of 2002, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Complaint on the above captioned Defendant(s) THOMAS S. AYERS AND BETSY L. AYERS, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 379 OLD STATE ROAD,GARDNERS,PA17324; o.~ to t.he Fa.\r0e..tJ st. Rdd~ess. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. BY THE COURT: H:fMain Forms/motionslcounty.comp , FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (71 ~) ~Ii,- 70M CENDANT MORTGAGE CORPORATION Attorney for Plaintiff COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. THOMAS S. AYERS BETSY L. AYERS CUMBERLAND COUNTY NO. 02-729 CIVIL TERM Defendant(s) TO: THOMAS S. AYERS 379 OLD STATE ROAD GARDNERS, PA 17324 F_. '.., .'''''''\/''...)).. '1 .. ... J~ ] ~.~ . :. : '} . ,., . ':~ ./ ."--"- DATE OF NOTICE: MAY 08. 2002 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, P A 17013 (717) 249-3166 ~~~~ Attorney for Plaintiff , FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, P A 19103-1814 (71 'I) 'lli'l- 7000 CENDANT MORTGAGE CORPORATION Attorney for Plaintiff COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. THOMAS S. AYERS BETSY L. AYERS CUMBERLAND COUNTY NO. 02-729 CIVIL TERM Defendant(s) TO: THOMAS S. AYERS 821 FAIRFIELD STREET MECHANICSBURG, PA 17055-4021 DATE OF NOTICE: MAY 08. 2002 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 i&~Z~qUire Attorney for Plaintiff . FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (71 "i) "i6,- 7000 CENDANT MORTGAGE CORPORATION Attorney for Plaintiff COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. THOMAS S. AYERS BETSY L. AYERS CUMBERLAND COUNTY NO. 02-729 CIVIL TERM Defendant TO: BETSY L. AYERS 379 OLD STATE ROAD GARDNERS. PA 17324 DATE OF NOTICE: MAY 08. 2002 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 ~u ~ Frank ederman, Esquire Attorney for Plaintiff , FEDERMAN AND PHELAN BY: FRANK. FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (7.1 <;) <;(i1- 7000 CENDANT MORTGAGE CORPORATION Attorney for Plaintiff COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VB. THOMAS S. AYERS BETSY L. AYERS CUMBERLAND COUNTY NO. 02-729 CIVIL TERM Defendant TO: BETSY L. AYERS 821 FAIRFIELD STREET MECHANICSBURG, PA 17055-4021 DATE OF NOTICE: MAY 08. 2002 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 LAAL ~_ Frank Federman, Esquire Attorney for Plaintiff FEDE~ANandPHELAN,LLP By: FRANKFEDE~AN Identification No. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PffiLADELPffiA, PA 19103-1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION F/KJA PHH MORTGAGE SERVICES CORPORATION CUMBERLAND COUNTY 6000 ATRIUM WAY COURT OF COMMON PLEAS CIVIL DMSION Plaintiff, v. NO. 02-729 CIVIL TERM THOMAS S. AYERS BETSY J. AYERS 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 ofthe 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 THOMAS S. AYERS is over 18 years of age and resides at , 821 FAIRFIELD STREET, MECHANICSBURG, PA 17055-4021. (c) that defendant BETSY J. AYERS is over 18 years of age, and resides at, 821 FAIRFIELD STREET, MECHANICSBURG, PA 17055-4021. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~l.\!&CM~ RANK FED RMAN, ESQU Attorney for Plaintiff ~ ~ ~ .~ ........ ... ~ \SJ~ "> ~ -....J )v ...... ~ ""'0 i' ~ r UI (J;: t ~ \ D- r- -- ~ ~ r- ~ ~~ ct'-- " ^ ., . 0 0 0 C N -':"1 s: ::I: .~ -0 l-' J"'" -..- -'n , ~l'; -< 'lr,:;: :;:::,:::r r0 'y ~~"~ . J ,,' -.., - ~--': (,-' <C; -0 "T. ~;~ ~n ~O :.1.: ('~i 5>Cl "" ") rn C ~ 7' :.> j5 ~ (,., -< PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CENDANT MORTGAGE CORPORATION F/K/A PHHMORTGAGE SERVICES CORPORATION Plaintiff, v. No. 02-729 CIVIL TERM THOMAS S. AYERS BETSY J. AYERS Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $49,565.30 Interest from 5/22/02 to 9/4/02 (per diem -$8.15) $ 863.90 and Costs TOTAL $50,429.20 ~\N\f\.Q.J-.v,\,1'\ . RANK. FE RMAN, 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. . ..... ..... ........ == 'J." ",'" ='" r--~ ..... ..... ~~ r.5 . ~~ == (/)(/) ro.< UU ~~ Z ~~ s(/) Z e= ~~ ~tl 0 ~U ... ~~ ~ llo(/) o~ Z~ U ~~ ~~ ~~Z ~~ ~f ~~ 1i ~ ::I ~~ o~ u~S 5~ ro. ~ ~ ~<~ 0- (/)F;; '" uz ""~ .; .< ~ t ;9Cl ] ro.;;J <~o (/) . 00 "illi ~ ~~ ~~ ~~ ~ ~U t:O~ ~ ~i 8 ~Cl O~O O~ Ill: " el O~ ~~U =~ O! ., ~= ro. 0 ~ U; ~~ ~6 ..... ..... c:>. .... .... ~ ~~ ococ i:= Cl~ u ~ Z~ Zii:; ~ OJ ...;;J ~ 13 j U U llo - ~ I I I ,I DESCRIPTION , ALL THOSE CERTAIN tracts of land situate in Dickinson Township, Cumberland County, PerulSylvania, bounded and described as follows: TRACT #1: BEGINNING at a point in the center line of the old Carlisle-Gettysburg Highway, which point is a corner of Tract NO.2 on the hereinafter mentioned plan of lots recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, PerulSylvania in Plan Book 10, Page 52; thence by said Tract No.2, North seventy-four (74) degrees twenty (20) minutes West, a distance of one hundred forty-six and five tenths (146.5) feet to a point (iron pin); thence along line of Tract #3 hereinafter described, North fifteen (15) degrees twenty-five (25) minutes East, a distance of forty-eight and one-tenth (48.1) feet to a point (iron pin); thence along land now or formerly of Lena K. Kuntz and Chester J. Kuntz, her husband, South seventy-three and one-fourth (73-1/4) degrees East, a distance of one hundred forty-six and five tenths (146.5) feet to a point in the center line of said old Carlisle- Gettysburg Highway; thence by the center line of said highway, South fifteen and one-half (15-1/2) degrees West, a distance of forty-six and four tenths (46.4) feet to a point, the place of beginning. BEING improved with a 1 story frame bungalow and also being Tract No. 1 as designated on a Plan of Lots recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 10, Page 52. TRACT #2: BEGINNlNG at a point in the center of the old Carlisle-G6ttysburg publ.ic....road at corner of land conveyed to Christine L. Beam by deed dated July 24, 1964 and recorded in the hereinafter mentioned Recorder's Office in Deed Book J, Volume 21, Page 1131; thence along said land now or formerly of Christine L. Beam, North 73 1/2 degrees West, a distance of 148 feet to an iron pin; thence along lines of Tract #3 hereinafter described, North 14 degrees East, a distance of 15 feet to a point at corner of Tract #1 hereinbefore described; thence along Tract #1, South 73 1/2 degrees East, a distance of 148 feet to a point in the center line of the old Carlisle-Gettysburg public road; thence along the center line of th<t old Carlisle-Gettysburg public road; thence along the center line of the old Carlisle-Gettysburg public road, South 13 degrees, West, a distance of 15 feet to a point, the place of beginning. CONTAINING 15 feet in front along the center line of the old Carlisle-Gettysburg public road and extending Westwardly therefrom at an even width a distance of 148 feet, in accordance with surveys made by F.S. Orner on August 17, 1944 and April 18, 1945. TRACT #3: BEGINNING at a common point of lands of Raymond L. Rickrode and now or formerly of Arthur_ Murray, said point being approximately 147.5 feet from the centerline of T-552, Old Gettysburg Road; thence along Lot No. 10, as shown on the above plan, North 74 degrees 23 minutes 00 seconds West, 100.00 feet to an iron pin; thence along Lot No.1, North 15 degrees 30 minutes 25 seconds East, 63.23 feet to an iron pin; thence along Lot No. 12, South 74 degrees 23 minutes 00 seconds East, 100.00 feet to an iron pin; thence along lands now or formerly of Ar;thur Ml'rray, South. 15 degrees 30 minutes 25 seconds West, 63.23 feet to an iron pin, the place of beginning. CONTAINING 0.1452 acres and being Lot No. 11 on a plan prepared by Eugene A. Hockensmith, R.S., dated February 5, 1988 and recorded in the Office of the Recorder of Deeds for Cumberland County, in Plan Book 55, Page 16. Tax Parcel #38-2175-033 TITLE TO SAID PREMISES fS VESTED IN Thomas S. Ay~rs and Betsy J. Ayers, husband and Wife by Deed from Thomas S. Ayers a/kla Thomas Ayers and Betsy J. Ayers, husband and wife; and Kathy Ayers, srngle person dated 8/25/1997, recorded 9/2/1997, in Deed Book 163, Page 806. PROPERTY KNOWN AS: 379 OLD STATE ROAD.GARDNERS. PA 17324 t:J~ ~ 1f- ...... ~ ~ - ~ ~ "" ~ - ~ c-(:::) \~ -. ~ --- ()... ~ '\~ ~~ ~ --- -rV8 ~ R' i~ ~ c:::f'. ~ c.; u "'1-;;..-, ~::: 2'".1 ....:::. r:~~~~~ ~ ~- HJ;',: .; ~ o -n :0 r--- '",~ i '! 1 OS) ~~~ ~-:) ~;f;1 '-'", :.u $ .~ --.. ~ FEDE~ANandPHELAN,LLP By: FRANK FEDE~AN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION F/K/A PHH MORTGAGE SERVICES CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION THOMAS S. AYERS BETSY J. AYERS NO. 02-729 CIVIL TERM Defendant(s). 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: o 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 unsworn falsification to authorities. ~^ \,~Q^^ffiOJ\" RANK FED RMAN, ESQUIRE ~ Attorney for Plaintiff 8 s: ClQJ nlrn Z:::C.l z:~; 59"'>, ~C) 2':0 ~,." >~ z ~ o '" :x ",. -< N o -1"/ ::;1 ;:CCifQ 'jfn >1(:J '::;:;() ;,S(~ 6m -I 53 -< V 3 w :.:> ..,.. CENDANT MORTGAGE CORPORATION FfKJA PHH MORTGAGE SERVICES CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION THOMAS S. AYERS BETSY J. AYERS NO. 02-729 CIVIL TERM Defendant(s). AFFIDA vrT PURSUANT TO RULE 3129 (Affidavit No. I) CENDANT MORTGAGE CORPORATION FOOA PHH MORTGAGE SERVICES CORPORATION, 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 .379 OLD STATE ROAD. GARDNERS. PA 17324. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) THOMAS S. AYERS 821 FAIRFIELD STREET MECHANICSBURG, PA 17055-4021 BETSY J. AYERS 821 FAIRFIELD STREET MECHANICSBURG, PA 17055-4021 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None . 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) EMPIRE FUNDING CORPORATION 9737 GREAT HILLS TRAIL AUSTIN, TX 78759 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 plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 379 OLD STATE ROAD GARDNERS, PA 17324 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. MAY 21. 2002 DATE .~~~JMOJ\~ RANK FED RMAN, ESQUIRE Attorney for Plaintiff 2 .... -utI; mr;' z-,. zt~ ~.!z ~C' :;;: zC:' ,,-,,0 .>' c: z :2 ""0~. :d' c:> N X :po -< N -0 ::;t: 'd w ..,.. o -'n .-' :~p :7::I~ 'T ::~L) "l~ -T, -:5:.D ',-0 (:)1T1 --, "1> ~ CENDANT MORTGAGE CORPORATION F/KJA PHH MORTGAGE SERVICES CORPORATION Plaintiff, CUMBERLAND COUNTY No. 02-729 CIVIL TERM v. THOMAS S. AYERS BETSY J. AYERS Defendant(s). May 15, 2002 TO: THOMAS S. AYERS 821 FAIRFIELD STREET MECHANICSBURG, PA 17055-4021 BETSY J. AYERS 821 FAIRFIELD STREET MECHANICSBURG, P A 17055-4021 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A UEN AGAINST PROPERTY." Your house (real estate) at. 379 OLD STATE ROAD. GARDNERS. PA 17324. is scheduled to be sold at the Sheriff's Sale on 9/4/02 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $49.565.30 obtained by CENDANT MORTGAGE CORPORATION FIK/A PHH MORTGAGE SERVICES CORPORATION (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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To . find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the 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, P A 17013 (717) 249-3166 (800) 990-9108 UESCIUYllUN. ALL THOSE CERTAIN tracts of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT #1: BEGINNING at a point in the center line of the old Carlisle-Gettysburg Highway, which point is a comer of Tract No.2 on the hereinafter mentioned plan of lots recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania in Plan Book 10, Page 52; thence by said Tract No.2, North seventy-four (74) degrees twenty (20) minutes West, a distance of one hundred forty-six and five tenths (146.5) feet to a point (iron pin); thence along line of Tract #3 hereinafter described, North fifteen (15) degrees twenty-five (25) minutes East, a distance of forty-eight and one-tenth (48.1) feet to a point (iron pin); thence along land now or formerly of Lena K. Kuntz and Chester 1. Kuntz, her husband, South seventy-three and one-fourth (73-1/4) degrees East, a distance of one hundred forty-six and five tenths (146.5) feet to a point in the center line of said old Carlisle- Gettysburg Highway; thence by the center line of said highway, South fifteen and one-half (15-112) degrees West, a distance of forty-six and four tenths (46.4) feet to a point, the place of beginning. BEING improved with a I story frame bungalow and also being Tract No. I as designated on a Plan of Lots recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 10, Page 52. TRACT #2: BEGINNING at a point in the center of the old Carlisle-Gtltlysburg publ.ic..road at corner of land conveyed to Christine L. Beam by deed dated luly 24, 1964 and recorded in the hereinafter mentioned Recorder's Office in Deed Book 1, Volume 21, Page 1131; thence along said land now or formerly of Christine L. Beam, North 73 1/2 degrees West, a distance of 148 feet to an iron pin; thence along lines of Tract #3 hereinafter described, North 14 degrees East, a distance of 15 feet to a point at corner of Tract #1 hereinbefore described; thence along Tract #1, South 73 1/2 degrees East, a distance of 148 feet to a point in the center line of the old Carlisle-Gettysburg public road; thence along the center line of th'f old Carlisle-Gettysburg public road; thence along the center line of the old Carlisle-Gettysburg public road, South 13 degrees, West, a distance of 15 feet to a point, the place of beginning. CONTAINING 15 feet in front along the center line of the old Carlisle-Gettysburg public road and extending Westwardly therefrom at an even width a distance of 148 feet, in accordance with surveys made by F.S. Orner on August 17, 1944 and April 18, 1945. TRACT #3: BEGINNING at a common point of lands of Raymond L. Rickrode and now or formerly of Arthur_ Murray, said point being approximately 147.5 feet from the centerline ofT-552, Old Gettysburg Road; thence along Lot No. 10, as shown on the above plan, North 74 degrees 23 minutes 00 seconds West, 100.00 feet to an iron pin; thence along Lot No. I, North 15 degrees 30 minutes 25 seconds East, 63.23 feet to an iron pin; thence along Lot No. 12, South 74 degrees 23 minutes 00 seconds East, 100.00 feet to an iron pin; thence along lands now or formerly of At;thur M~rray, South, 15 degrees 30 minutes 25 seconds West, 63.23 feet to an iron pin, the place of beginning. CONTAINING 0.1452 acres and being Lot No. 11 on a plan prepared by Eugene A. Hockensmith, R.S., dated February 5, 1988 and recorded in the Office of the Recorder of Deeds for Cumberland County, iu Plan Book 55, Page 16. Tax Parcel #38-2175-033 TITLE TO SAID PREMISES IS VESTED IN Thomas S. Ay;rs and Betsy 1. Ayers, husband and WIfe by Deed from.Thomas S. Ayers a1k1a Thomas Ayers and Betsy 1. Ayers, husband and wife; and Kathy Ayers, smgle person dated 8/25/1997, recorded 91211997, in Deed Book 163, Page 806. PROPERTY KNOWN AS: 379 OLD STATE ROAD,GARDNERS, PA 17324 () C) 0 C '" -~' I s: :z '-1 -olTi 1,,- m,;; -, Z::, '" ;:;~c. CfJ,c. -<::::: () ~C) -0 "T, -r-; )>Cj :::<;; ('5 z _.' )!;U ;-rn 't? ,-) c:: :r;! 7 '-" ~ :n .j:"" -< WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 02-729 Civil CIVIL ACTION - LAW TO THE SHERlFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENDANT MORTGAGE CORPORATION F/KIA PHH MORTGAGE SERVICES CORPORATION, Plaintiff (s) From THOMAS S. AYERS AND BETSY J. AYERS, 821 FAIRFIELD STREET, MECHANICSBURG, PA 17055-4021 (I) 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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $49,565.30 L.L. $.50 Interest FROM 5/22/02 TO 9/4102 (PER DIEM-$8.15) - $863.90 AND COSTS Atty's Corom % Due Prothy $1.00 Atty Paid $139.80 Plaintiff Paid Date: MAY 21, 2002 Other Costs CURTIS R. LONG Prothonotary, Civil Division fu': !2,q-,.~ [2. 7Jt-RAh" rj)~ REQUESTING PARTY: Name FRANK FEDERMAN, ESQillRE 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: CENDANT MORTGAGE CORPORATION F/KlA PHH MORTGAGE SERVICES CORPORATION ) ) CIVIL ACTION vs. THOMAS S. AYERS BETSY J. AYERS ) ) CIVIL DIVISION NO. 02-729 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for CENDANT MORTGAGE CORPORATION F/K1A PHH MORTGAGE SERVICES CORPORATION hereby verify that on 5/21/02 & 7/26/02 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. 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'00 \ 6 \ 300~ dlZ v~Oll~ 031\\lV'l lool Sllnr LL'OOO'O\7000 oSL"OO $ '<1\ lO s3M09 ,o,lN.1k:l ~...~ c ~__.=;_ --"'-~J." & 'SOdS;l>~ * * * * '" r') ~ V) '" r- 00 0-, o - '" - """ - - - r') - ~ ~ ~ ..... ~ ..... 'C <:::> <:::> <:::> =II: V} ~ ~ E-; ~ ~ ;t: ~ bO " '> 'u " ~ '- o ~ e ~ " 0. i~ ~ 8 .. >> E"" ~! ~ " " " .!PE 0.0 "at; li~ -ec;i :I'" Z ~ S.u ~~ V) - is '" 5 ,-en 0$ l~ ;i:l ~ Ji.~ ~a: 71bO 3901 9644 8593 0926 TO: THOMAS S. AYERS 379 OLD STATE ROAD GARDNERS, PA 17324 SENDER: KMD-SALES REFERENCE: #0006172175 . , PS Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees . .34 2.10 " US Postal Serviee Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail 7160 3901 9844 8593 0919 TO: BETSY J. AYERS 379 OLD STATE ROAD GARDNERS, P A 17324 SENDER: KMD-SALES REFERENCE: 0006172175 ..34 2,10 , i ! i I I I I l No Insurance Coverage Provided 1. Do Not Use for International Mail US Postal Service Receipt for Certified Mail ",- 7160 3901 9844 8593 0940 TO: THOMAS S. AYERS 821 FAIRFIELD STREET MECHANICSBURG, PA 17055-4021 PS Form 3800 June 2000 RETURN Postage .34 RECEIPT C rt'ft d F 2 10 SERVICE e Ieee . Return Receipt Fee 1.50 Restricted Delivery 0,00 Total Postage & Fees " ,:"', r@ ,,94 ,; . '\0'" 1!(A,RK o~, llTE\.,.'.' 1., !"" .~?,?'...:, I' . ~....c~\" ~,~ fll , 7s> ';:--:".J '/ ',Q 31 tl ":Jr~ "....".".,,~--.-~.._-.< SENDER: KMD-SALES REFERENCE: #0006172175 I I j I I I 1 I I No Insurance Coverage Provided .~ 00 Not Use for International Mail us Postal Sendee Receipt for Certified Mail r-~'~~~~'-~9~~-~~~~ '~593 0933 j TO: BETSY J. AYERS i 821 FAIRFIELD STREET i MECHANICSBURG, P A 17055-4021 ! i I I ! i j SENDER: I I ! i PS Form 3800 June 2000 KMD-SALES REFERENCE: #0006172175 RETURN RECEIPT SERVICE ! j i j ! I 1 No Insurance Coverage Provided 1 Do Not Use for International Mail US Postal Service Receipt for Certified Mail .34 .2.10 1.50 0.00 g <"' -06' mIll Z:I'. ZC en.;' -< -'c r:"-' <........ ;!>r-. zv --u ~S ~ C> N ~ '- ~J o .,., ':} .:~~?J -,P ;-n ...J_.. ~~~!) .-Ti 4c;, [Sm =:-! :D -< ~1 ::,':;' :..oJ :::> ...J COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Loan Mtg Com is the grantee the same having been sold to said grantee on the 4th day of September AD., 20002, under and by virtue of a writ Execution issued on the 21st day of May, AD" 2002, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 729, at the suit ofCendant Mtg Com flkla PHH Mtg Ser Corp against Thomas SAvers & Betsv J is duly recorded in Sheriff's Deed Book No. 253, Page 3577 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ;..!!; day of -k- AD. 200.J,-- rvpa..o- IJ 1~ n!y~ Recorder of Deeds ~T'It_,~~~ta.& Cendant Mortgage Corporation fi'kJa PHH Mortgage Services Corporation VS Thomas S. Ayers and Betsy J. Ayers In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-729 Civil Term Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 19,2002 at 8:37 o'clock AM, he served a true copy ofthe within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Thomas S. Ayers, by making known unto Thomas S. Ayers personally, at 499 Zion Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 19,2002 at 8:37 o'clock AM, 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: Betsy J. Ayers, by making known unto Betsy J. Ayers personally, at 499 Zion Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 12, 2002 at 8:30 o'clock P.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 Thomas S. Ayers and Betsy J. Ayers located at 379 Old State 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 Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Thomas S. Ayers, by regular mail to his last known address of 821 Fairfield Street, Mechanicsburg, P A 17055. This letter was mailed under the date of July 17,2002 and never returned to the Sheriffs Office. 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 Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Beth A. Palese, by regular mail to her last known address of 821 Fairfield Street, Mechanicsburg, P A 17055. This letter was mailed under the date of July 17, 2002 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County Pennsylvania, on September 4,2002 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 the 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 buyer in this execution paid SheriffR. Thomas Kline, the sum of $1,536.19, it being costs, Sheriffs Costs: Docketing Poundage Posting Handbills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $30,00 30.12 45.00 45.00 30.00 30.00 .50 1.00 12.42 4.95 45.00 50.00 669.95 462.55 25.20 25.00 29.50 $1,536.19 paid by attorney 9/23/02 Sworn and subscribed to before me ?P~ -t:~~ This ? IY day of (])c..U,. R. Thomas Kline, SHeriff 2002, A.D. ~. () '~/df'1By0(jcilt J~ p thonotary Real Estate 'Deputy y V 3DuV 1.~1) CJc 3~ 3w e..-. J3 0 <{&'D CENDANT MORTGAGE CORPORATION F/K/A PHH MORTGAGE SERVICES CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION THOMAS S. AYERS BETSY J. AYERS NO. 02-729 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) CENDANT MORTGAGE CORPORATION FIKlA PHH MORTGAGE SERVICES CORPORATION, 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 .379 OLD STATE 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) THOMAS S. AYERS 821 FAIRFIELD STREET MECHANICSBURG, PA 17055-4021 BETSY J. AYERS 821 FAIRFIELD STREET MECHANICSBURG, PA 17055-4021 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) EMPIRE FUNDING CORPORATION 9737 GREAT HILLS TRAIL AUSTIN, TX 78759 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 plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 379 OLD STATE ROAD GARDNERS, PA 17324 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 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, MAY 21. 2002 DATE b~UN\J\().A~ RANK FED RMAN, ESQUIRE Attorney for Plaintiff , CENDANT MORTGAGE CORPORATION FfKlA PlIH MORTGAGE SERVICES CORPORA nON Plaintiff, CUMBERLAND COUNTY No. 02-729 CIVIL TERM v. THOMAS S. AYERS BETSY J. AYERS Defendant(s). May 15, 2002 TO: THOMAS S. AYERS 821 FAIRFIELD STREET MECHANICSBURG, PA 17055-4021 BETSY J. AYERS 821 FAIRFIELD STREET MECHANICSBURG, PA 17055-4021 ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."" Your house (real estate) at. 379 OLD STATE ROAD. GARDNERS. PA 17324. is scheduled to be sold at the Sheriffs Sale on 9/4/02 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $49.565.30 obtained by CENDANT MORTGAGE CORPORATION FIKIA PHH MORTGAGE SERVICES CORPORATION (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 PREVENTTHIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights, The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened, 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution ofthe 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, P A 17013 (717) 249-3166 (800) 990-9108 pESClUynUN ALL THOSE CERTAIN tracts of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT #1: BEGINNING at a point in the center line of the old Carlisle-Gettysburg Highway, which point is a corner of Tract No, 2 on the hereinafter mentioned plan of lots recorded in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania in Plan Book 10, Page 52: thence by said Tract No, 2, North seventy-four (74) degrees twenty (20) minutes West, a distance of one hundred forty-six and five tenths (146,5) feet to a point (iron pin); thence along line of Tract #3 hereinafter described, North fifteen (I 5) degrees twenty-five (25) minures East, a distance of forty-eight and one-tenth (48,1) feet to a point (iron pin); thence along land now or formerly of Lena K, Kuntz and Chester J, Kuntz, her husband, South seventy-three and one-fourth (73-!l4) degrees East, a distance of one hundred forty-six and five tenths (146,5) feet to a point in the center line of said old Carlisle- Gettysburg Highway; thence by the center line of said highway, South fifteen and one-half (\5-112) degrees West, a distance of forty-six and four tenths (46.4) feet to a point, the place of beginning, BEING improved with a I story frame bungalow and also being Tract No, 1 as designated on a Plan of Lots recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 10, Page 52, TRACT #2: BEGINNING at a poinr in the center of the old Carlisle-G6ttysburg pUbli.c....IOad at corner of land conveyed to Christine L. Beam by deed dated July 24, 1964 and recorded in the hereinafter mentioned Recorder's Office in Deed Book J, Volume 21, Page 1131; thence along said land now or formerly of Christine L. Beam, North 73 !l2 degrees West, a dis/Jll1ce of 148 feet to an iron pin; thence along lines of Tract #3 hereinafter described, North 14 degrees East, a distance of 15 feet to a point at corner of Tract #1 hereinbefore described; thence along Tract #1, South 73 1/2 degrees East, a distance of 148 feet to a point in the center line of the old Carlisle-Gettysburg public road; thence along the center line of th9 old Carlisle-Gettysburg public road; thence along the center line of the old Carlisle-Gettysburg public road, South 13 degrees, West, a distance of 15 feet to a point, the place of beginning, CONTAINING 15 feet in front along the center line of the old Carlisle-Gettysburg public road and extending Westwardly therefrom at an even width a distance of 148 feet, in accordance with surveys made by F,S, Orner on August 17, 1944 and April 18, 1945, TRACT #3: BEGINNING at a common point of lands of Raymond L. Rickrode and now or formerly of Arthur_ Murray, said point being approximately 147,5 feet from the centerline ofT-552, Old Gettysburg Road; thence along Lot No, 10, as shown on the above plan, North 74 degrees 23 minutes 00 seconds West, 100,00 feet to an iron pin; thence along Lot No, I, North 15 degrees 30 minutes 25 seconds East, 63,23 feet to an iron pin; thence along Lot No. 12, South 74 degrees 23 minutes 00 seconds East, 100,00 feet to an iron pin; thence along lands now or fonneriy of Arthur Murray, South 15 degrees 30 minutes 25 seconds West, 63,23 feet to an iron pin, the place of beginning~ . .-, CONTAINING 0,1452 acres and being Lot No. 11 on a plan prepared by Eugene A, Hockensmith, R,S" dated February 5, 1988 and recorded in the Office of the Recorder of Deeds for Cumberland County, in Plan Book 55, Page 16, Tax Parcel #38-2175-033 TITLE TO SAID PREMISES IS VESTED IN luomas S, Ayers and Betsy J, Ayers, husband and WIfe by Deed from Thomas S, Ayers a/k/a Thomas Ayers and Betsy J, Ayers, husband and wife- and Kathy Ayers, slllgle person dated 8/25/1997, recorded 9/2/1997, in Deed Book 163, Page 806, PROPERTY KNOWN AS: 379 OLD STATE ROAD,GARDNERS, PA 17324 WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-729 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENDANT MORTGAGE CORPORATION F/K/A PHH MORTGAGE SERVICES CORPORATION, Plaintiff (s) From THOMAS S, AYERS AND BETSY J. AYERS, 821 FAIRFIELD STREET, MECHANICSBURG, PA 17055-4021 (i) 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 ofthe 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $49,565.30 L.L. $.50 Interest FROM 5/22/02 TO 9/4/02 (PER DlEM-$8.15) _ $863.90 AND COSTS Atty's Comm % Due Prothy $1.00 Ally Paid $139.80 Plaintiff Paid Other Costs Date: MAY 21, 2002 CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION ~y: 4~, .P. ryCllA/Y.~)~ 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No, 12248 c:\:::.:] C:jj--.;j ,--~. ~=-~ i6n] Real Estate Sale # 50 On June 10, 2002 the sherifflevied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA Known and numbered as 379 Old State Road, Gardners, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 10, 2002 By:(j QUOIO--.,q , ~baLj , -, .1 1 ~ I, I ,~ ;:Z J.U'A (C'31 v--.... ""'ii1:1 "'lIlJ = ~ U"i:Fi1 IJ U'l i i;JD ~3;}!= l: THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of publication Under Act 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 exisfing 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~ Sundav Patriot-News newspapers of generai 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 July and the 6th day(s} of August 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 knowiedge 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 stockhoiders 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 COpy S ALE #50 /~~~....#:-;;...,..,............,..........,.............,........., C-- Sworn to and subscribed before m . 14th day of ugu 02 A.D, Notanal Seai Teny L. Russell. Notary Public City Of Harnsburg, Dauphin Coun My Commission Expires June 6, 2006 RY PUBLIC Member. Pennsylvania Association Of Nol3liEMy commission expires June 6, 2006 CUMBERLAND COUN1Y SHERIFFS OFFICE CUMBERLAND COUN1Y COURTHOUSE CARLISLE, PA, 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 460.80 1.75 462,55 publisher's Receipt for Advertising Cost The Patriot News Co" publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid, By"...",...",..""..",...""..,",...,',...,',...",..'""..." ['" ~ .,11;;,..", 11:..., "" e SALE No. 50 Writ No. 2002-729 Civil Term Cendant Mortgage Corp. lIk1e PHH Mortgage ServIces Corporation vs Thomas S. Ayers Betsy J. Ayers Atty: Frank Federman DESCRlPTION ALL THOSE2ERTAlN !filct~ of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and dcscrihcd as folJows: TRACT #J; BEGfNNING at a point in the center line of the old Carlisle-GeUysburg Highway, which point is a comer of Tract No, 2 on the hereinafter mentioned plan ufJotsrecorded in the Office of the ReconJer of Deeds in and for Cumberland County at Carlisle, Pennsylvania in Plan Book J 0, Page 52; thence by said Trac! No.2, North seventy-ti.M (74) degrees twenty (20) minutes Wesl,a distance of one hundred forty-six and five-tenths (1465) feel to a point (iron pin); thence along line of Tract #3 hereinafter described, North fifteen (15) degrees twenty-five (25) minutes East, a distance of furty-eight and one-tenth (48.1) feet to a point (iron pin); thence along land now or fonnerly of Lena K. Kuntz and Chester 1. Kuntz, her husband, south seventy- three and one-fourth (73 ]/4) degrees East, a distance of one hundred forty-six and five-tenths (146.5) feet to a point in the center Hne of said old Carlisle-Gettysburg Highway; thence by the center Hne of said highway, South lifteen and one- half(15 1l2)d:grees Wesl,adistanceofforty_six and four-tenths (46.4) feet to a point, the place of BEGiNNING, BEING improved wil,~ a 1 -story frame bungalow and also being Tract No.1 as designated on a Plan of Lots recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 10. Page 52, TRACT #2: BEGINNING at a point in the center of the old Carlisle-Gettysburg public road at comer of land conveyed to Christine 1. Beam by deed dated July 24, 1964 and recorded in the beRinafter mentioned Recorder's Office in Deed Book J, Volume 21, Page 1131; thence along said land now or fonnedy of Christine 1. Beam, North 73 l/2 degrees West, a distance of 148 feet to an iron pin; thence along lines of Tract #3 hereinafter described, Nonh 14 degrees East, a distance of 15 feet to a point at corner of Tract #1 hereinbefore described; thence along TrdCt #1, South 73 1/2 degrees Eas~ a distance of 148 feet to a point in the center line of the old Carlisle-Gettysburg ptlblic road; thence along the center line of the old Carlisle-Gettysburg public road; thence along the center line of the old Carlisle-Gettysburg public road,Souih 13 degrees, West, a distance of 15 feet to'l pojn~ the place of BEGINNING. CONTAINING 15 feet in front along the center line of the old CarlisJe-Gettysburg public road and extending Westwardly there-from at an even width a distance of 148 feet. in accordanee with surveys made by F.S. Orner on August 17,1944 andApril IS, 1945, TRAcr #3: BEGINNING at a common point of lands of Raymond 1. Rickrode and now or fonnerly of Arthur Murray, said point being approximately 147.5 feet from the centerline ofT- 552, Old Gettysburg Road; thence along Lot No. 10, as shown on the above plan, North 74 degrees 23 minutes 00 seconds West, 100.00 feet to an iron pin; thence along Lot No. I, North 15 degrees 3O-wilwtes 25 seconds East, 6123 feel to an iron _.e along Lot No. 12, south 74 degrees 23 .....00 seconds &st, 100.00 feet to an iron S. e along ]ands now or fonner]y of Arthur Bouth 15 degrees 30 minutes 25 seconds w..;.23feettoanironpin,theplaceof =G, . !NG 0,1452 acres and being Lot No. I J. On a plan prepared by Eugene A. Hockensmith, R.S" dated February 5, I 988 and recorded in the Officeofihe Recorder of Deeds for Cumberland COWUY,-in Plan Book .'i5, Page 16. fu Parcel #3S,2175,O]3. TI'IlE TO SAID premises is vested in Thomas S. Aym and Betsy J. Ayers, husband and wife, by Deed from Thomas S. Ayers a/k/a Thomas Ayers and Betsy J. Ayers, husband and wife; and Kathy Aym,Biogle person, dated 8125/1997, recorded 9f2JI997, in Deed Book 163, Page 806. PROPERTY known as: 379 Old State Road, Ganlners, PA 17324 r-' \':J) 1l11IJ1lU:;~ L>I1'I'" .. u.~_.n ~. J <T one-tenth (j8.l) feet to a point (iron pin)~ thence along land 110'."" or fonnerly of Lena K. Kuntzanu Chester J. Kuntz, her husband, south sevcnty- thre.c and one-fourth (73 lf4) degrees East, a distance of one hundred forty-six and the-tenths (146's) fect to a point in the center line of said old Carlisle-Gettysburg Highway; thence by the center line of said highway,SoULhfiftcen and one- half(15112jd;,:grcesWest,adistanceofforty-six. and four-Ienths (46.4) feet toa point, the place of BEGINNING. BEING improved wiL.~ a I-story frame bungalow and also being Tract No. I as designated on a Plan of lois recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 10, Page 52. TRACT #2: BEGINNING at a point in the center of the old Carlisle-Gettysburg public road at corner of land conveyed to Christine L. Beam by deed dated July 24, 1964 and recorded in the hereinafter mentioned Recorder's Office in Deed Book J, Volume 2\, Page 1131; thence along said land now or formerly of Christine L. Beam, North 73 lI2 degrees West, a distance of 148 feet to an iron pin; thence along lines of Tract #3 hereinafter descrihed, North 14 degrees East, a distance of 15 feet to a point at corner of Tract #1 hereinbefore described; thence along Tract #1, South 73 112 degrees East, a distance of 148 feet to a point in the t:enter line of the old Carlisle-Gettysburg public road; thence alor.g the t:cnterline of the old Carlisle-Gettysburg public road; thence along the center line of the old Carlisle-Gettysburg public road, South 13 &grees, West, a distance of 15 feet to a point. the place of BEGINNING. CONTAINING 15 feet in front along the center line of the old CarHs]e-Gettysburg public road and extending Westwardly there-from at an even width a distance of 148 feet in accordance with surveys made by ES, Orner on August 17,1944 and April 18, 1945. TRACT #3; BEGINNING at a common point of lands of Raymond L. Rickrode and now or formerly of Arthur Murray, said point being approximately 147.5 feet from the centerline ofT- 552, Old Gettysburg Road; thence along Lot No. 10, as shown on the above plan. North 74 degrees 23 minutes 00 seconds West. 100,00 feet to an iron pin; thence along Lot No, L North 15 degree! 30 minutes 25 seconds East. 63.23 feet to an irOll pin; thence along Lot No, 12, south 74 degrees 11 minutes 00 seconds East, \00,00 feet to an iew pin; thence along lands now or fonnerly of "- j Murray, South 15 degrees 30 minutes 25 ~;:! West. 63.23 feet to an iron pin, the p]ace of f" BEGINNING, CONTAINING 0,1452 acres and being Lot Ne. lion a plan prepared by Eugene A. Hockensmith, R.S., dated February 5. 1988 and recorded in the, Office of the Recorder of Deeds for Cumberland County, in Plan Book 55, Page 16. Tax Parcel #38-2175-033. TITLE TO SAID premises is vested in Thomas S. Ayers and Betsy J. Ayers, husband and wife, by Deed from Thomas S. Ayers aIkIa Thomas Ayers and Betsy J. Ayers, husband and wife; and Kathy Ayers. single person, dated 8125/1997, recorded 9I2fl997. in Deed Book 163, Page 806. PROPERTY known as: 379 Old State Road, Gardners.PA ]7324. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), p, 1.1784 STATE OF PENNSYLVANIA: 55. COUNTY OF CUMBERLAND : Roger M. Morgenthal, 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 officia11ega1 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 ofthe said Cumberland Law Journal on the following dates, VIZ: JULY 26, AUGUST 2, 9, 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. 110 I~ r:er M. Morgentha1, Editor Writ No, 2002-729 Civil Cendant Mortgage Corporation F /K/ A PHH Mortgage Services Corporation vs, Thomas S. Ayers and Betsy J. Ayers Arty.: Frank Fedennan DESCRIPTION ALL TIl0SE CERTAIN tracts of land situate in Dickinson Township, Cumberland County. Pennsylvania. bounded and described as follows: TRACT #1: BEGINNING at a point in the cen- ter line of the old Carlisle-Gettysburg Highway. which point is a corner of Tract No.2 on the hereinafter men- tioned plan of lots recorded in the Office of the Recorder of Deeds in and for Cumberland County at Car- lisle, Pennsylvania in Plan Book 10, 0",,<1.. r;?, fhpnrp hv said Tract No. SWORN TO AND SUBSCRIBED before me this 9 day of AUGUST. 2002 LOIS E. SNYDER. Notary PublIc CsrIIsItl Bora, cumbslland County My CommIsslon Expires Man:h5, 2005 r' frameoufigaIOWl'l:J'IO 1:U<n.> ~---o No. 1 as designated on a Plan of Lots recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 10. Page 52, TRACT #2: BEGINNING at a point in the cen- ter of the old Carlisle-Gettysburg public road at comer of land con- veyed to Christine L. Beam by deed dated July 24. 1964 and recorded in the hereinafter mentioned Recorder's Office in Deed Book J. Volume 21. Page 1131; thence along said land noW or formerly of Chris- tine L. Beam. North 73 1/2 degrees West, a distance of 148 feet to an iron pin; thence along lines of Tract # 3 hereinafter described. North 14 degrees East, a distance of 15 feet to a point at comer of Tract # 1 here- inbefore described; thence along Tract #1. South 73 1/2 degrees East, a distance of 148 feet to a point in the center line of the old Carlisle- Gettysburg public roact thence along the center line of the old Carlisle- Gettysburg public road; thence along the center line of the old Car- lisle-Gettysburg public road. South 13 degrees. West. a distance of 15 feet to a point. the place of begin- ning. CONTAINING 15 feet in front along the center line of the old Carlisle-Gettysburg public road and extending Westwardly therefrom at an even width a distance of 148 feet. in accordance with surveys made by F.S. Orner on August 17. 1944 and April 18. 1945, TRACT #3: BEGINNING at a common point of lands of Raymond L. Rickrode and now or formerly of Arthur Mur- ray. said point being approximately 147.5 feet from the centerline of T-552. Old Gettysburg Road; thence along Lot No. 10. as shown on the above plan. North 74 degrees 23 minutes 00 seconds West. 100.00 feet to an iron pin; thence along Lot No. 1. North 15 degrees 30 minutes 25 seconds East. 63.23 feet to an iron pin; thence along Lot No. 12. South 74 degrees 23 minutes 00 seconds East. 100.00 feet to an iron pin; thence along lands now or for- merly of Arthur Murray. South. 15 degrees 30 minutes 25 seconds West. 63.23 feet to an iron pin. the place of beginning. CONTAINING 0,1452 acres and being Lot No, lIon a plan prepared by Eugene A Hockensmith. R.S.. dated February 5. 1988 and record- ed in the Office of the Recorder of Deeds for Cumberland Cormty. in Plan Book 55. Page 16, Tax Parcel #38-2175-033, TITLE TO SAID PREMISES IS VESfED IN Thomas S. Ayers and Bet- sy J. Ayers. husband and wife by Deed from Thomas S. Ayers a/k/a Thomas Ayers and Betsy J. Ayers. husband and wife; and Kathy Ayers. single person dated 8/25/1997, recorded 9/2/1997. in Deed Book 163. Page 806, PROPERTY KNOWN AS: 379 OLD STATE ROAD. GARDNERS. PA r. ~_.~.._-- - -.....--~- Carlisle-Gettysburg public road and extending Westwardly therefrom at an even width a distance of 148 feet. in accordance with surveys made by F.S. Orner on August 17. 1944 and April 18. 1945, TRACT #3: BEGINNING at a cornmon point of lands of Raymond L. Rickrode and now or formerly of Arthur Mur- ray, said point being approximately 147,5 feet from the centerline of T-552. Old Gettysburg Road; thence along Lot No. 10. as shown on the above plan. North 74 degrees 23 minutes 00 seconds West, 100.00 feet to an iron pin: thence along Lot No. 1, North 15 degrees 30 minutes 25 seconds East, 63.23 feet to an iron pin; thence along Lot No. 12. South 74 degrees 23 minutes 00 seconds East. 100.00 feet to an iron pin; thence along lands now or for- merly of Arthur Murray. South. 15 degrees 30 minutes 25 seconds West. 63.23 feet to an iron pin. the place of beginning. CONTAINING 0,1452 acres and being Lot No. lIon a plan prepared by Eugene A. Hockensmith. RS.. dated February 5. 1988 and record- ed in the Office of the Recorder of Deeds for Cumberland County. in Plan Book 55, Page 16, Tax Parcel #38-2175-033, TITLE TO SAID PREMISES IS VESTED IN Thomas S. Ayers and Bet- sy J. Ayers. husband and wife by Deed from Thomas S. Ayers a/k/a Thomas Ayers and Betsy J. Ayers, husband and wife; and Kathy Ayers. single person dated 8/25/1997. recorded 9/2/1997. in Deed Book 163. Page 806, PROPERTY KNOWN AS: 379 OLD STATE ROAD. GARDNERS. PA 17324, PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Fran~is S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF Cendant Mortgage Corporation, f/kIa : Court of Common Pleas PHH Mortgage Services Corporation : . Civil Division . Plaintiff . . . Cumberland County . vs . 1 . : No. 02-729 Thomas S. Ayers Betsy J. Ayers PHS# 55080 Defendant PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. _X_Please mark Judgments satisfied and the Action Discontinued and Ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. a ~ 1dIi' . . "'- ~. . Francis Hallinan Attorney for Plaintiff '- Date: March 12, 2007 ----- 2- s. -on1 ~V' CfJ.'!" :L~ ~C Y'" f'''' 'Z_~-".J 'y. c: !z ~ ~ :Jt ~ N - ~ ~:Q :g~ g~. ':r- :0 ~ ~~ 9 r;-? ~ cJ1 ~ o