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HomeMy WebLinkAbout04-6397 PHELAN HALLINAN & SCHMIEG, LLP 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 PLAINTWF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO.04 -1J!1 {!;u,tT~ CUMBERLAND COUNTY v. JAMES F. PARODA, II A/KJAJAMES PARODA, II 217 WEST LOCUST STREET ENOLA, P A 17025 THE UNITED STATES OF AMERICA c/o The United States Attorney for the Middle District of Pennsylvania 1164 Federal Building 228 Walnut Street Harrisburg, P A 17101 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. W YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 File #: 108883 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known addressees) of the Defendant(s) are: JAMES F. P ARODA, n Afl0AJAMESPARODA,n 217 WEST LOCUST STREET ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 06/04/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1815, Page: 3043. 4. The premises subject to said mortgage is described as attachedo 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 108883 6. The following amounts are due on the mortgage: Principal Balance Interest 08/01/2004 through 12/18/2004 (Per Diem $24.49) Attorney's Fees Cumulative Late Charges 06/04/2003 to 12/18/2004 Cost of Suit and Title Search Subtotal $121,201.80 3,428.60 1,250.00 211.75 $ 550.00 $ 126,642.15 Escrow Credit Deficit Subtotal 0.00 440.64 $ 440.64 TOTAL $ 127,082.79 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (a) United States vs. JAMES F. PARaDA, II NK/A JAMES PARaDA, II; No. 2004-04740; filed 09/21/2004; $208,360.97. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 127,082.79, together with interest from 12/18/2004 at the rate of $24.49 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. PHELAN H11lfAN & SCHMIEG, LLP , -(kj1/~ g'. By: Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 108883 LRGAL DRSCRTPTTON All that certain lot or piece of ground with the buildings and improvements thereon erected, being knO\VTI as 217 WEST LOCUST STREET ENOLA, P A 17025 being further described on that certain Deed dated 06/04/2003 recorded 06/06/2003 in the Office of the Recorder of Deeds in CUMBERLAND County in Deed Book No. 257 Page 2291. Parcel Noo (09-16-1051-037.003) BEING knO\VTI as 217 WEST LOCUST STREET VF.RTFlCA TTON TERESA METCLF hereby states that he/she is ASST. SECRETARY of CITIMORGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his /her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ] TERESA METCALF, ASST. SECRETAR~ '\J DATE: f z/I{/IOLI ~ p ~ '[ vt (-) ~,' ~ l ~ ~:~ I'''') ,,' ~..i."'- "; I ~ t"'" :-1 (;; W 1"\ l> .dj C> (~ ;, \2 ~ ...0 ['.) ~,' ~ -cJ ' ..~, =1 '" " ,- I ~ P- _.~ ~ 1 . "'I .-....a -.() r.~? .' ) i l~; f , (.,) ;, .; - --.l , -f- ~ PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG, ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Mortgage Electronic Registration Systems, Inc. Plaintiff Vs. County: Cumberland Filed: December 21, 2004 No. 04-6397 James F. Paroda, II, alk/a James Paroda, " And The United States of America Defendants STIPULATION It is hereby stipulated and agreed by and between counsel for Plaintiff, and the Defendant, United States of America, as follows: 1. That the premises known as 217 West Locust Street. Enola, Pennsylvania (the "Premises") is owned by the Defendant. 2. That the Federal Tax Lien referred to in paragraph ten (10) of the Plaintiffs complaint is junior in time to the Plaintiffs mortgage set forth in paragraph three (3) of said complaint. 3. That the Defendant, United States of America, is not indebted to the Plaintiff. 4. That the Defendant, United States of America, agrees to the entry in this action of a judgment in favor of the Plaintiff and against the United States of America for foreclosure and sale of the mortgaged property. 5. That the aforesaid premises shall be sold at a judicial sale, notice of which will be served on the Defendant, United States of America. 6. That the judicial sale of said property shall dischelrge the Federal Tax Lien referred to in paragraph ten (10) of said complaint. 7. That the proceeds of sale shall be divided and distributed as the parties may be entitled. 8. That the Defendant, United States of America preserves its right of redemption as provided in Title 28 United States Code, Section 2410 (c). 9. The parties to this Stipulation shall bear their own respective costs in this proceeding. Date: \ -It).. OS Respectfully submitted Thomas A. Marino, Esquire Unit~:;tates Atto By: \&l(~ Dennis Pfannens midt, Esquire Assistant United ates Attorney Civil Division Attomeys for United States of America Date: J;Z. -30 - 6Y F&P#: 108883 , ~ '".' r ; " " \..:..-1 - .' ". PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST A nON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 04-6397 CIVIL TERM v. JAMES F. PARODA, II, AlK/A JAMES PARODA, II Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JAMES F. PARODA, II, AIKIA JAMES PARODA, II, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 12/19/04 to 2/1 0105 TOTAL $127,082.79 $1,322.46 $128,405.25 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. ,/; Vd'o @' DANIEL G. SCHMIEG, ES Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ..lei... If Ju'1J'/' ~.c10 (/? 11 ~. , PRO PROTHY ~ j I ... PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id, No, 32227 ATTORNEY FOR PLAINTIFF Francis S, Hallinan, Esq., Id, No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 ()loj 00,-7000 MORTGAGE ELECTRONIC REGISTRATION: COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff : CIVIL DMSION Vs. : CUMBERLAND COUNTY JAMES F, P ARODA, II NKJA JAMES P ARODA, II THE UNITED STATES OF AMERICA Defendants : NO. 04-6397 CIVIL TERM TO: JAMESF. PARODA,IIA/KIAJAMESPARODA,U 217 WEST LOCUST STREET ENOLA,PA 17025 DATE OF NOTICE: .Ji\Nrfi\RV 19, 2005 THIS FIRM IS A DEBT COLLECfOR ATTEMPTING TO COLLECf A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATfEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATfEMPT TO COLLECf A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY, IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECfIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE ALA WYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOtITH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 " X\~Jd tl;)~'\ t.-VL>)j) c~ cQ)J.~.11.~ F NCIS S. HALLINAN, ESQUIRE \ A orneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION JAMES F. PARODA, II, AlKJA JAMES PARODA, II NO. 04-6397 CIVILTERM Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, 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. ,~ a (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-6397 CIVIL TERM JAMES F. PARODA, II, A/K/A JAMES PARODA, II Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on J.J,..., II 2005. By: C2~1.L. Q ~~ E UTY If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG. ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD" SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ..THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY 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.. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-6397 CIVIL TERM JAMES F. PARODA, II, AlKlA JAMES PARODA, II Defendant(s ). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter. and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JAMES F. PARODA, II, A/KIA JAMES PARODA, II is over 18 years of age and resides at, 217 WEST LOCUST STREET, ENOLA, P A 17025 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ DANIEL G, SCHMIEG, ESQ Attorney for Plaintiff (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 04-6397 CIVILTERM JAMES F. PARODA, II,AfKlA JAMES PARODA, II Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $128,405.25 Interest from 2/1 0105 to JUNE 8, 2005 (per diem -$21.11) $2,490.98 and Costs / TOTAL $130,896.23 v2 /~~~ DANIEL G. SCHMIEG, ES E 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. LEGAL DESCRIPTION ALL THAT CERTAIN UNIT, BEING UNIT NO, B-3 (THE "UNIT"), OF LOCUST WOODS, A CONDOMINIUM (THE "CONDOMINIUM"), LOCATED IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, WHICH UNIT IS DESIGNATED IN THE DECLARATION OF CONDOMINIUM FOR LOCUST WOODS, A CONDOMINIUM (THE "DECLARATION"), DATED JUNE 19, 2002 RECORDED JUNE 21,2002, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA, IN MISCELLANEOUS BOOK 666, PAGE 655. AS AMENDED BY FIRST AMENDMENT TO DECLARATION DATED AUGUST 21, 2002 RECORDED AUGUST 30, 2002, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA, IN MISCELLANEOUS BOOK 669, PAGE 4396. AS FURTHER AMENDED BY SECOND AMENDMENT TO DECLARATION DATED OCTOBER 24, 2002 RECORDED OCTOBER 25. 2002, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA, IN MISCELLANEOUS BOOK 691, PAGE 1417, AND AS SHOWN ON THE PLATS AND PLANS ATTACHED TO THE SECOND AMENDMENT TO DECLARATION AS EXHIBIT 0-2. SAID UNIT HAVING A STREET ADDRESS OF 217 WEST LOCUST STREET, ENOLA, PENNSYLVANIA, TOGETHER WITH AN UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS APPURTENANT TO THE UNIT AS MORE PARTICULARLY SET FORTH IN THE DECLARATION, AS THE SAME MAY BE AMENDED FROM TIME TO TIME, TOGETHER WITH THE RIGHT TO USE THE LIMITED COMMON ELEMENTS APPLICABLE TO THE UNIT BEING CONVEYED HEREWITH, PURSUANT TO THE DECLARATION AND THE PLAT AND PLANS, AS AMENDED FROM TIME TO TIME, BEING THE SAME PROPERTY CONVEYED TO JAMES F, PARODA, II, A SINGLE MAN BY DEED FROM JORICH LAND DEVELOPMENT CORPORATION, A PENNSYLVANIA CORPORATION RECORDED 06106/2003 IN DEED BOOK 257 PAGE 2291, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA, TAX ID# 09-16-1051-037-UB3 Brief Legal Description: Legal Descriptions: All that certain property situated in the TOWNSHIP OF EAST PENNSBORO in the county of CUMBERLAND, and the Commonwealth of PENNSYLVANIA, being described as follows: PARCEL 09-16-1051-037-UB3 and being more fully described in a deed dated 06/04/2003, and recorded 06106/2003, among the land records of the county and state set forth above, in Deed Book 257, page 2291 PREMISES BEING: 217 WEST LOCUST STREET, ENOLA, P A 17025 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC Plaintiff (s) From JAMES F PARODA II A/KJA JAMES PARODA II 217 WEST LOCUST STREET, ENOLA, PA 17025 N004-6397 Civil CIVIL ACTION - LAW (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) 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 helshe has been added as a garnishee and is enjoined as above stated, Amount Due$ 128,405.25 L.L.$0.50 Interest FROM 2/10/05 TO 6108/05 (PER DIEM-$21.1I) $2,490.98 Atty's Comm % Due Prothy $1.00 Atty Paid $ 137.84 Plaintiff Paid Other Costs Date: FEBRUARY II, 2005 (Seal) CURTIS R. LONG Prothonotary By: ().r-O~ Deputy REQUESTING PARTY: Name DANIEL G SCHMIEG, ESQ Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA. 19103-1814 Attorney for: PLFF Telephone: (215) 563-7000 Supreme Court ID No, 62205 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION JAMES Fo PARODA, II, A/KIA JAMES PARODA, II NO. 04-6397 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 ,217 WEST LOCUST STREET, ENOLA, PA 17025. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES F. P ARODA, II, AIKI A JAMES P ARODA, II 217 WEST LOCUST STREET ENOLA, P A 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3, Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) US TREASURY DEPT. ROOM 808 1000 LIBERTY A VENUE PITTSBURGH, PA 15222-9974 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER FLOOR. SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH. PA 15222 U.S. DEPT. OF JUSTICE U.S. ATTY-WESTERN DlST. OF PA ATTN: MICHAEL COLVILLE, ESQ. ASSISTANT UoS. ATTORNEY 633 U.S. POST OFFICE AND COURTHOUSE PITTSBURGH, P A 15222 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale, Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the 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) TenantlOccupant 217 WEST LOCUST STREET ENOLA, P A 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare Harrisburg, P A 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 10.2005 DATE /' f:.,')" cL~:;~~; DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, No. 04-6397 CIVILTERM v. JAMES F. PARODA, II, AJKJA JAMES PARODA, II Defendant(s). February 10,2005 TO: JAMES F. P ARODA, II, AlKfA JAMES P ARODA, II 217 WEST LOCUST STREET ENOLA, P A 17025 * * 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 , 217 WEST LOCUST STREET. ENOLA. P A 17025, is scheduled to be sold at the Sheriffs Sale on JUNE 8, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $128,405.25 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129,3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS 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. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4, If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the 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 LA WYER 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale, CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 LEGAL DESCRIPTION ALL THAT CERTAIN UNIT. BEING UNIT NO, B-3 (THE "UNIT'), OF LOCUST WOODS. A CONDOMINIUM (THE "CONDOMINIUM"), LOCATED IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, WHICH UNIT IS DESIGNATED IN THE DECLARATION OF CONDOMINIUM FOR LOCUST WOODS, A CONDOMINIUM (THE "DECLARATION"), DATED JUNE 19,2002 RECORDED JUNE 21, 2002, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA, IN MISCELLANEOUS BOOK 688. PAGE 655, AS AMENDED BY FIRST AMENDMENT TO DECLARATION DATED AUGUST 21, 2002 RECORDED AUGUST 30, 2002, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA, IN MISCELLANEOUS BOOK 689, PAGE 4396, AS FURTHER AMENDED BY SECOND AMENDMENT TO DECLARATION DATED OCTOBER 24,2002 RECORDED OCTOBER 25, 2002, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA, IN MISCELLANEOUS BOOK 691, PAGE 1417, AND AS SHOWN ON THE PLATS AND PLANS ATTACHED TO THE SECOND AMENDMENT TO DECLARATION AS EXHIBIT D-2, SAID UNIT HAVING A STREET ADDRESS OF 217 WEST LOCUST STREET, ENOLA, PENNSYLVANIA. TOGETHER WITH AN UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS APPURTENANT TO THE UNIT AS MORE PARTICULARLY SET FORTH IN THE DECLARATION, AS THE SAME MAY BE AMENDED FROM TIME TO TIME, TOGETHER WITH THE RIGHT TO USE THE LIMITED COMMON ELEMENTS APPLICABLE TO THE UNIT BEING CONVEYED HEREWITH. PURSUANT TO THE DECLARATION AND THE PLAT AND PLANS, AS AMENDED FROM TIME TO TIME, BEING THE SAME PROPERTY CONVEYED TO JAMES F, PARODA, II, A SINGLE MAN BY DEED FROM JORICH LAND DEVELOPMENT CORPORATION, A PENNSYLVANIA CORPORATION RECORDED 06/06/2003 IN DEED BOOK 257 PAGE 2291, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA, TAX 10# 09-16-1051-037-UB3 Brief Legal Description: Legal Descriptions: All that certain property situated in the TOWNSHIP OF EAST PENNSBORO in the county of CUMBERLAND, and the Commonwealth of PENNSYLVANIA, being described as follows: PARCEL 09-16-1051-037-UB3 and being more fully described in a deed dated 06/04/2003, and recorded 06/06/2003. among the land records of the county and state set forth above, in Deed Book 257, page 2291 PREMISES BEING: 217 WEST LOCUST STREET, ENOLA, P A 17025 PHELAN HALLINAN & SCHMIEG, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-563-5534 peter.tremper@fedphe.com Peter J, Tremper Sale Department, Ex!. 1481 Representing Lenders in Pennsylvania and New Jersey February 10,2005 Office of the Prothonotary Cumherland County Courthouse 1 Courthouse Square Carlisle, P A 17013 RE: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Vs. JAMES F. PARODA, II, AIKIA JAMES PARODA, II NO. 04-6397 CIVIL TERM Action in Mortgage Foreclosure Premises: 217 WEST LOCUST STREET ENOLA, PA 17025 Dear Sir/Madam: I would appreciate your entering Default Judgment in the above captioned matter, issuing a Writ of Execution on the captioned property, and transmitting the appropriate documents to the Sheriff so that it can be placed on the Sheriffs Sale list for JUNE 8,2005. All of the necessary documents are enclosed, together with my check to your order in the amount of $24.00, and the check to the order of the Sheriff in the amount of$I,500.00, in payment of fees and costs. Kindly send me your receipt and a stamped copy of the Praecipe for Judgment in the stamped self-addressed envelope which I have enclosed, If there are any questions concerning the above matter please contact me immediately. Yours truly, ~#cv Peter}, Tremper PHELAN HALLINAN & SCHMIEG, L.L.P. pjt Enclosures AFFIDAVIT OF SERVICE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC, COUNTY: CUMBERLAND FILED DATE: DECEMBER 21, 2004 COURT NO, 04-6397 DEFENDANT JAMES F, PARODA, II. NKJA JAMES PARODA. II AND THE UNITED STATES OF AMERICA TYPE OF ACTION XX Mortgage Foreclosure SERVE: THE UNITED STATES OF AMERICA _ Eviction XX Civil Action SERVE AT: US ATTORNEY FOR USA __ CPL on Promissory Note C/O DEPARTMENT OF JUSTICE MAIN JUSTICE BUILDING 950 PENNSYLVANIA AVENUE. N,W, WASHINGTON. DC 20530 PLAINTIFF SERVED Served and made known to US Attornev for United States of ~erica . Defendant on ;JRC\. the --3-- day of 200---5-.., at II 0';' o'clock,. M" at 950 Pennsvlvania Avenue. N.W.. Washington, DC in the manner described below: _ Defendant personally served. _ Adult family member with whom Defenrlant(s) reside(s). Relationship is . _ Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place oflodging in which Defendant(s) resid,,(s), =x= Agent or person in charge of Defenrlant's office or usual place of business. an office of said defendant company. Oth"r: 1,.9:0+ Sl'fiqk'tvr; a competent adult, being duly sworn according to law, depose and state that I personally handed to m..~\Q. Au(r(')ugh a true and correct copy of the comnlaint in morte-m!e foreclosure issued in the captioned case on the date and the address :indicated above. ~lfu~~ ~"~f~:~~~i~d~y)dorp ttJi/(Ji (-) . j Cl" __ NO~~ (..A 1// By ----t~ ~/~ . ~ NotS"rv"d On tbe _ day of , 2000, at o'clock _.M., Def"ndant NOT FOUND b"caus,,: Moved _Unknown _No Answer Vacant Oth"r: Sworn to and subscribed Before me this _ day of , 200_, Notary: FP#: 108883 ~ C(~ 'I.~ '.. ( By \ C\J'k..---JL .. j ~ ,)" .. ~ ATTORNEY FOR PLAINTIFF (j DANJEL G. SCHMIEG, ESQUlRE- J.D. # 62205 ONE PENN CFONTER 1617 JOHN F, KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 F"'WI '" ,v.l:g3 c> SHERIFF'S RETURN - REGULAR f' CASE NO: 2004-06397 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS PARODA JAMES F II AKA JAMES PA RON KERR , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PARODA JAMES F II AKA JAMES PARODA II the DEFENDANT , at 1700:00 HOURS, on the 27th day of December, 2004 at 217 WEST LOCUST STREET ENOLA, PA 17025 by handing to ASHLEY BACHERT, SISTER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11.84 .00 10.00 .00 39.84 """"""/"~':",f,,"~" d~" ~-r;-"" (."'~:-r~'.:~_:~..,.~;_.JP....,, "7 h".c~<r, ~ _ I __ R. Thomas Kline 12/28/2004 FEDERMAN & PHELAN Sworn and Subscribed to before By: lL Ie--- Deputy Sheriff me this Jf).t::- day of (L)J <#m.5' A.D. 7~ vt.L- (2 /M..t ;t'/ ~ .I ~ P othonotary / ~ SHERIFF'S RETURN - REGULAR ~' CASE NO: 2004-06397 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS PARODA JAMES F II AKA JAMES PA RON KERR , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PARODA JAMES F II AKA JAMES PARODA II the DEFENDANT , at 1700:00 HOURS, on the 27th day of December, 2004 at 9 STEPHEN ROAD CAMP HILL, PA 17011 by handing to ASHLEY BACHERT, SISTER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments COMPLAINT WAS ACTUALLY SERVED AT 217 WEST LOCUST STREET ENOLA. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10,00 .00 16.00 t." ./'~ ~~%"_--' J# -'1" .-~- " R. 12/28/2004 FEDERMAN & PHELAN Sworn and Subscribed to before By: 'L/~ DJputy Sheriff (II? me this It) '-' day of Q~~ < A.D a A ;11, -' - rothonotary ,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ) CIVIL ACTION ) vs. JAMES F. PARODA, II, AIKIA JAMES PARODA, II ) CIVIL DIVISION ) NO. 04-6397 CIVILTERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. hereby verify that on 2/15/05 & 411105 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: April 70 2005 '^, , Q t D NIEL G. SCHMIEG, ESQUIRE . \ A:ttomey for Plaintiff (J INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOVVER U.S. DEPT. OF JUSTICE U.S. ATTY-VVESTERN DIST. OF PA ATTN: MICHAEL COLVILLE, ESQ. CITIBANK (SOUTH DAKOTA) N.A. U.S. DEPT. OF JUSTICE US ATTY-MIDDLE DIST. OF PA ATTN: MARY CATHERINE FRYE, ESQ. ASSISTANT U.S. ATTORNEY FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 ASSISTANT U.S. ATTORNEY 633 U.S. POST OFFICE AND COURTHOUSE PITTSBURGH, PA 15222 701 E. 60TH STREET SIOUX FALLS, SD 57104 FEDERAL BLDG. 228 VV ALNUT STREET P.O. BOX 11754 HARRISBURG, PA 17108 4. Name and address oflast recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 217 WEST LOCUST STREET ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April 7, 2005 DATE I lANIEL G. 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A TTORNEV FEDERAL BLDG, 228 WALNUT STREET P.O, BOX 11754 HARRISBURG. PA 17108 SENDER: TEAM2SPL REFERENCE: JAMESPARODA PS Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERV1CE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service POSTMARK OR DATE Receipt for Certified Mail No Insurance Coverage Provided 00 Not Use lor International Mail . 0 ~) 0 C" C~- <:.~:) ~\'\ c......., :r,l'O' ::rl-n -0 ?oJ lilF :~J\c:'3 .)..) .,. -, r:.J 1..._ --~ ~):\ ...... -n -'1 :J:: (.-) .-~ , <-oJ :~)r'n --, --'- ~:''1: -, -< ('J ,- Mortgage Electronic Registration Systems, Inc. VS James F. Paroda, II a/kJa James Paroda, II In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-6397 Civil Term Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on February 18,2005 at 5: 13 o'clock PM, she served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: James F. Paroda, II a!k/a James Paroda, II, by making known unto Ashley Bachert, adult sister of James F. Paroda, II, at 217 West Locust Street, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2005 at 3:14 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 James F. Paroda, II a!k/a James Paroda, II located at 217 West Locust Street, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: James F. Paroda, II a!k/a James Paroda, II, by regular mail to his last known address of 2 I 7 West Locust Street, Enola, PAl 7025. This letter was mailed under the date of April I 8, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriff's Costs: Docketing Surcharge Poundage Levy Mileage Advertising Posting Handbills Share of Bills 30.00 20.00 16.20 15.00 22,20 15.00 15.00 16.47 Law Journal Patriot News Postage Law Library Prothonotary 377,00 297.40 .37 .50 1.00 $ 826.14 sworn:d subscribed to before me ~~ 4~ This.L day of ~ 'R. Thomas Klint sheriff 2005, A.D. ~;r () JJ.u;~" '; ~ Pro notary f {() I. Ck. !y' 003:3 /3.... J L'f <} <;:2- .- ~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION JAMES F. PARODA, II, AlKlA JAMES P ARODA, n NO. 04-6397 CIVIL TERM Defendant(s), AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G, SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .,217 WEST LOCUST STREET, ENOLA, PA 17025. I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES F, PARODA, II, AfKfA JAMES PARODA, II 217 WEST LOCUST STREET ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) US TREASURY DEPT. ROOM 808 1000 LIBERTY A VENUE PITTSBURGH, PA 15222-9974 ,/ 1 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER U.S, DEPT. OF JUSTICE U.S. A TTY -WESTERN DIST. OF P A ATTN: MICHAEL COLVILLE, ESQ. FLOOR, SUITE 1300 1001 LIBERTY A VENUE PITTSBURGH, PA 15222 ASSISTANT U,S. ATTORNEY 633 U.S. POST OFFICE AND COURTHOUSE PITTSBURGH, P A 15222 4, Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale, Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the 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 217 WEST LOCUST STREET ENOLA,PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 10.2005 DATE LJ~ DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 04-6397 CIVIL TERM v. JAMES F. PARODA, II, AlK/A JAMES PARODA, II Defendant(s). February 10,2005 TO: JAMES F. PARODA, II, AlKJA JAMES PARODA, II 217 WEST LOCUST STREET ENOLA, PA 17025 **THlS 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 THlS 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, 217 WEST LOCUST STREET, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on JUNE 8,2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $128,405.25 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3, NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: L The sale will be cancelled if you pay to the mortgagee the back payments, late 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, ifthe 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. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (2 I 5) 563-7000. 2, You may be able to petition the Court to set aside the sale ifthe 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff, It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale, The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 LEGAL DESCRIPTION ALL THAT CERTAIN UNIT, BEING UNIT NO. B-3 (THE "UNIT"), OF LOCUST WOODS. A CONDOMINIUM (THE "CONDOMINIUM"), LOCATED IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, WHICH UNIT IS DESIGNATED IN THE DECLARATION OF CONDOMINIUM FOR LOCUST WOODS, A CONDOMINIUM (THE "DECLARATION"), DATED JUNE 19, 2002 RECORDED JUNE 21,2002, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA. IN MISCELLANEOUS BOOK 688, PAGE 655, AS AMENDED BY FIRST AMENDMENT TO DECLARATION DATED AUGUST 21,2002 RECORDED AUGUST 30,2002, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA, IN MISCELLANEOUS BOOK 689, PAGE 4396, AS FURTHER AMENDED BY SECOND AMENDMENT TO DECLARATION DATED OCTOBER 24. 2002 RECORDED OCTOBER 25, 2002, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA, IN MISCELLANEOUS BOOK 691. PAGE 1417, AND AS SHOWN ON THE PLATS AND PLANS ATTACHED TO THE SECOND AMENDMENT TO DECLARATION AS EXHIBIT D-2. SAID UNIT HAVING A STREET ADDRESS OF 217 WEST LOCUST STREET, ENOLA, PENNSYLVANIA. TOGETHER WITH AN UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS APPURTENANT TO THE UNIT AS MORE PARTICULARLY SET FORTH IN THE DECLARATION, AS THE SAME MAY BE AMENDED FROM TIME TO TIME. TOGETHER WITH THE RIGHT TO USE THE LIMITED COMMON ELEMENTS APPLICABLE TO THE UNIT BEING CONVEYED HEREWITH, PURSUANT TO THE DECLARATION AND THE PLAT AND PLANS, AS AMENDED FROM TIME TO TIME. BEING THE SAME PROPERTY CONVEYED TO JAMES F. PARODA, II, A SINGLE MAN BY DEED FROM JORICH LAND DEVELOPMENT CORPORATION, A PENNSYLVANIA CORPORATION RECORDED 06/06/2003 IN DEED BOOK 257 PAGE 2291, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA. TAX ID# 09-16-1051-037-UB3 Brief Legal Description: Legal Descriptions: All that certain property situated in the TOWNSHIP OF EAST PENNSBORO in the county of CUMBERLAND, and the Commonwealth of PENNSYLVANIA, being described as follows: PARCEL 09-16-1051-037-UB3 and being more fully described in a deed dated 06/04/2003, and recorded 06/06/2003, among the land records of the county and state set forth above, in Deed Book 257, page 2291 PREMISES BEING: 217 WEST LOCUST STREET, ENOLA, PA 17025 COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC Plaintiff (s) From JAMES F PARODA II AlKJA JAMES PARODA II 217 WEST LOCUST STREET, ENOLA, PA 17025 N004-6397 Civil CIVIL ACTION - LAW WRIT OF EXECUTION andlor ATTACHMENT (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been'added as a garnishee and is enjoined as above stated. Amount Due$ 128,405.25 L.L.$0,50 Interest FROM 2110/05 TO 6108/05 (PER DlEM-$21.11) $2,490.98 Atty's Connn % Due Prothy $1.00 Atty Paid $ 137.84 Plaintiff Paid Other Costs Date: FEBRUARY 11, 2005 CURTIS R. LONG (Seal) Prothonotary By: ~" 0. 'rh~'P'J I Deputy ~ REQUESTING PARTY: Name DANIEL G SCHMIEG, ESQ Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD SUITE 1400 PHILADELPlliA, PA.19103-1814 Attorney for: PLFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 Real Estate Sale #22 On February 15,2005 the Sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 217 West Locust Street, Enola, more fully described on Exhibit "A" Date: February 15,2005 ByJod A j ~~ Real EstateDeputy l!-J c:u:il c:u:il = ~ GV\I filed with this writ and by this reference incorporated herein. 'It :0\ "i n \ Inj ~UUl ('" ',' ,'\:\;)\.]\-1,,) V'd ')..Uli'iuJ U\~ ~O'3J\;l.:lO j.:!\'l:\3HS 3H1 .:l PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, I 929), P. L.l784 COMMONWEALTH OF PENNSYLVANIA ss, COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues ofthe said Cumberland Law Joumal on the following dates, VIZ: April 15,22, 29, 2005 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, SWORN TO AND SUBSCRIBED before me this 29 day of April SEAl. LOIS E. SNYDER. Notary Public CariBle 8010, Cumberland County My Commi88ion ElIpim March 5. 2009 REAL ESTATE SALE NO. 22 Writ No. 2004-6397 Clvll Mortgage Electronic Registration Systems. Inc. vs, James F. Parada, II a/k/a James Parada. II Atly.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN Unit. being Unit No. B-3 (the "Unit..). of Locust Woods, a condominium (the "Condo- minium"), located in East Pennsboro Township, Cumberland County, Pennsylvania, which Unit is desig- nated in the Declaration of Condo. rninium for Locust Woods. a Con- dominium {the "Declaration"}, dated June 19, 2002 recorded June 21, 2002, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book 688. Page 655. as amended by FIrst Amendment to Declaration dated August 21, 2002 recorded August 30. 2002, in the Office of the Re- corder of Deeds of Cumberland County, Pennsylvania, in MisceUa- neaus Book 689. Page 4396. as fur~ ther amended by Second Amend- ment to Declaration dated October 24, 2002 recorded October 25. 2002, in the Office of the Recorder of Deeds of Cumberland County. Pennsylvania, in Miscellaneous Book 691, Page 1417, and as shown on the Plats and Plans attached to the Second Amendment to Declaration as Exhibit 0-2, said Unit having a street address of 217 West Locust Street, Enola, Pennsylvania. To- gether with an undivided percent- age interest in the common elements appurtenant to the Unit as more particularly set forth in the Decla- ration, as the same may be amended from time to time. Together with the light to use the limited common ele- ments applicable to the Unit being conveyed herewith, pursuant to the Declaration and the Plat and Plans, as amended from time to time, Be- Ing the same property conveyed to James F, Parada, 11, a single man by deed from Jorich Land Develop- ment Corporation. a Pennsylvania corporation recorded 06/06/2003 in Deed Book 257 Page 229 I. in the Office of the Recorder of Deeds of Cumberland County, Pennsylva~ nia. Tax lD #09-16-I051-037-UB3. Brief Legal DescrIption: Legal Descriptions: All that cer- tain property sttuated in the TOWN- SHIP OF EAST PENNSBORO in the county of CUMBERLAND, and the Commonwealth of PENNSYLVANIA, being described as fonows: PARCEL 09-16-105I-037-UB3 and being more fully described in a deed dated 06{04{2003. and recorded 06{06{ 2003. among the land records of the county and state set forth above, ln Deed Book 257, page 229l. PREMISES BEING: 217 West Locust Street, Enola, PA 17025. , , ... THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Conunonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Conunonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 8t2 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 26th day(s) of April and the 3rd and lOth day(s) of May 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscella ous Book "M", Volume 14, Page 317. COPY SALE #22 cribed befor:f:,25th day ofMa /'j;, NOTAR PUBLIC My commission expires June 6, 2006 PUBLICATION Sworn to and s CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 t' . Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attacbed hereto on the above stated dates 297.40 Publisher's Receipt for Advertising Cost The Patriot News Co" publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By,.....................,......,...................................... ___.::r~~22 . "CM\~ ......~~ ., .'" ~F.~~ r.ti:'I'.~= ~.. >e' . ~---P OE!IC ..,u,n\J\T~"",beiJlgunilNo.1l- 3(tlo'"\J1IiO'oI~Woods"~ \tlo~"),\ooataI..l!asI~ 1....,mp, ~ Cl>llllY, \'e<l1li1\v.m>. 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