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Home My WebLink About05-0883 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 (2 1 5) 563-7000 W A YPOINT BANK 601 PENN STREET READING, PA 1960] ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM C'~I L'T82-rYj v. NO. OS -f?3 CUMBERLAND COUNTY JEREMY J. LACOMBE GWENDOLYN LACOMBE A/KI A GWENDOLYN KIMMEL 139 AMY DRIVE CARLISLE, PA 17013 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend againsl the claims sel 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 ATONeE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THA T 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, PA 17013 (800)990-9108 FiJc#: 111445 Fiktl: f 11445 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) DA YS 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, 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 EST A TE. 1. Plaintiff is W A YPOINT BANK 601 PENN STREET READING, PA 19601 2. The name(s) and last known address(es) of the Defendant(s) are: JEREMY J. LACOMBE GWENDOLYN LACOMBE A/K/A GWENDOLYN KIMMEL 139 AMY DRNE CARLISLE, PAl 7013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/31/2001 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. 1738, Page: 785. 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 I % I /2004 and each month thereafter are due and unpaid, and by the tenns 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 II: 111445 6. The following amounts are due on the mortgage: Principal Balance Interest 09/01/2004 through 02/]5/2005 (Per Diem $5.53) Attorney's Fees Cumulative Late Charges 10/31/2001 to 02/]5/2005 Cost of Suit and Title Search Subtotal $26,470.75 929.04 1,250.00 55.32 $ 550.00 $ 29,255. 11 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0.00 TOTAL $ 29,255.]] 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 wi\I be charged. 8. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 29,255.11, together with interest from 02/1512005 at the rate of $5.53 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mongaged property. PHELAN HALLINAN & SCHMIEG, ",\.P _ / . l:::: f ~ By: IsIFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Fik#, 111445 ALL that certain tract of land situate in Penn Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Stanley Jannolenko, R.P.L.S., dated April 1l, 1997 and recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 75, Page 9. BEGlNNING at a point in centerline of Farm Road T-344, at corner of Lot No.4 on plan of Penn Manor; thence along Lot No.4 on said plan South 89 degrees 07 minutes 31 seconds West 453.58 feet to an iron pin; thence still along Lot No. 4 on said plan. South 00 degrees 52 minutes 29 seconds East 180.00 feet to an iron pin set; thence along Lot No 9 and Lot No. 10, South 89 degrees 07 minutes 31 seconds West 246.98 feet to a point; thence along Lot No.1 North 00 degrees 52 minutes 29 seconds West 330.00 feet to an iron pin set; thence along Lot No.2, North 89 degrees 07 minutes 31 seconds East 700.00 feet to a point; thence along centerline of Farm Road, T-344 South 00 degrees 58 minutes 23 seconds East 150.00 feet to a point, the Place of BEGINNING. CONTAINING 3.4315 acres and designated as Lot No.3 on the Plan of Penn Manor. BEING part of the same premises which the Estate of Linda Young, by Christine Young, Executrix granted and conveyed to KimJon, Inc., Gl'lllItor herein, by its deed dated Febnlary July 3,1997, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Record Book 160, Page 836. PROPERTY BEING: LOT 3 FARM ROAD VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of] 8 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. ~~#~ FranCIS S. Hallinan, Esquire Attorney for Plaintiff DATE: ~fs p -iQ.. P 7} ~ \\. ~ . Vl -. .t () '\"'- I> \) ~ -Vf- -:\ D -.() "'C- ~ :::D t:. .......-t. -q g r-"I, C:~ - Ci\ .,...~" (:': t,' G'" SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-00883 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK VS LACOMBE JEREMY J ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent sea ch and and inquiry for the within named DEFENDANT , to wit: LACOMBE GWENDOLYN AKA GWENDOLYN KIMMEL but was unable to locate Her in his bailiwick. He therefo e deputized the sheriff of PERRY County, pennsylvan a, to serve the within COMPLAINT - MORT FORE On March 15th , 2005 , this office was in receipt of he attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 03/15/2005 PHELAN HALLINAN So answers: .--' -;:> ~2>.' --?:>" /..-- "'....../ (/ArV--~-:-~-" R. Thomas Kline Sheriff of Cumberland County SCHMIEG Sworn ando sUbscribedi~t~ ~efore thls (UL. day of 4 t-( ( j-J OdS A.~ . - Ly-./J! .iL~ . ryro honota~ ,~ me SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-00883 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK VS LACOMBE JEREMY J ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent sea ch and and inquiry for the within named DEFENDANT , to wit: LACOMBE JEREMY J but was unable to locate Him in his bailiwick. He therefo e deputized the sheriff of PERRY County, pennsylvan a, to serve the within COMPLAINT - MORT FORE On March 15th , 2005 , this office was in receipt of he attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge Dep Perry County 6.00 9.00 10.00 58.40 .00 83.40 03/15/2005 PHELAN HALLINAN So answers: ,,) <~'-~-- _" /c:;'?-~~........" <o:T ~/r ___ <.-<=--__".__ R. Thomas Kline Sheriff of Cumberland County SCHMIEG Sworn and sUbscribedJ1: before this Il4,- day of ..t=.., I-I ( ;2~~ J~ 01.~ . I.F~honottJ '~-xJ1'o me SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-00883 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WAYPOINT BANK VS LACOMBE JEREMY J ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who duly sworn according to law, says, that he made a diligent sea inquiry for the within named DEFENDANT LACOMBE GWENDOLYN AKA GWENDOLYN KIMMEL was unable to locate Her in his bailiwick. He therefore returns he COMPLAINT - MORT FORE the within named DEFENDANT GWENDOLYN KIMMEL 139 AMY DRIVE CARLISLE, PA 17013 DEFENDANT LIVES IN PERRY COUNTY. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 NOT FOUND , LACOMBE GWENDOLYN AKA So answers: ..--7 ,-,'-"~~~:':::~:--'-~;";'~:"'~-' -~.-- ~-_. -:-?/~ ....-/;? r-~' R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 03/15/2005 Sworn and subscribed to efore me day of l ~5x1a as to >.,. SHERIFF'S RETURN - REGULAR CASE NO: 2005-00883 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK VS LACOMBE JEREMY J ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according 0 law, says, the within COMPLAINT - MORT FORE LACOMBE JEREMY J was served upon th DEFENDANT at 2107:00 HOURS, on the 8th day of March 2005 at 139 AMY DRIVE CARLISLE, PA 17013 ME CHELLE CARNES, by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents t ereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.70 .00 10.00 .00 31.70 Sworn and Subscribed to before ::~I()" A.D. c So Answers: --;fl~a/.~ ~~ ., .,,".' ..,',,' ',.' , ....~~$l R. Thomas Kline 03/15/2005 PHELAN HALLINAN SCHMIEG By: ~Z:7# Deputy Sheriff In The Court of Common Pleas of Cumberland County~ Penns Ivania Waypoint Bank VS. Jeremy J. Lacombe et a1 same SEINE : No. 05-883 civil hereby deputize the Sheriff of Perry County to execute this rit, this Now, February 17. 2005 , I, SHERIFF OF CUMBERLAND COUNT deputation being made at the request and risk of the Plaintiff. ~~?'" /_//;~' ~". -. ~ ~;,~>. ,~.-';' .,i; ~ .,'.: ~?~~-ir. ,,'" /,-"'" ~R f' "',~( J.-,",.......~.---" Sheriff of Cumberland County, P Affidavit of Service Now, March 11, 20 05 at 7: 30 o'clock '-' P M. s rved the within Complaint in Mortgage Foreclosure upon Jeremy J. Lacombe at 317 Old State Rd. Shermansdale PA 17090 Carroll Tw by handing to Gwendol n Lacombe Defendants wife and made known to Her copy of the original Com laint i Mortgage Foreclosure the contents t reof. a True & Attested So answers, Donald E. Smith Perry ounty, PA Chief Sworn and subscribed before me this ~ day of f11t1Vc1l ,20 i/S/ COSTS SERVICE MILEAGE AFFIDA VrT $ NOTARIAL SEAL MARGARET F. FLICKINGER, NOTARY I'\IBUC BLOOMFIELO BORO., PERRY COUNT/ MY COMMISSION EXPIRES FEB. 16, 2008 $ In The Court of Common Pleas of Cumberland County, Penns Waypoint Bank VS. Jeremy J. Lacombe et al SERVE: Gwendolyn Lacombe aka Gwendolyn Kirrmel lvania No. 05-883 civil Now, February 17. 2005 , I, SHERIFF OF CUMBERLAND COUNTY P A, do hereby deputize the Sheriff of Perry County to execute this rit, this deputation being made at the request and risk of the Plaintiff. '/'"J .../ v:.'~' ~~.:.. .~"" k.O r ...,;;oZ<M'~'~" rf'-'::-~..R Sheriff of Cumberland County, P Affidavit of Service Now, March 11 2005 at 7: 30 o'clock P '-' M. s rved the within Complaint in Mortgage Foreclosure upon Gwendolyn Lacombe at 317 Old State Rd. Shermansdale, PA 17090 (Carroll TWp) by handing to Gwendolyn Lacombe, Defendant and made lmown to Her copy of the origin"al Complaint in Mortgage Foreclos re the contents th reof. a True & Attested So answers, Donald E. Smith n Chief -rn a/I 4:f-U COSTS SERVICE MILEAGE AFFIDAVIT $ Sworn and subscribed before me this l.!i- day of mt1,J! , 20(15 NOTARIAL SEAL II.IRGAm F. fUCKINGER, NOTARY PU8l1G 8UlOlIflElO BORD., PEIlR'I COUNlY MY COMMISSION EXPIRES FEB. 18,2008 $ .. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST AnON 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 W A YPOINT BANK 601 PENN STREET READING, PA 19601 CUMBERLAND COUNTY COURT OF COMMON PLEA Plaintiff, CIVIL DIVISION v. JEREMY J. LACOMBE GWENDOLYN LACOMBE A/K/A GWENDOLYN KIMMEL NO. 05-883-C1VIL TERM 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 JEREMY J. L COMBE and GWENDOLYN LACOMBE AJKiA GWENDOLYN KIMMEL, Defendant(s) for [; ilure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure nd Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 2116/05 to 4/21/05 TOTAL $29,255.11 $359.45 $29,614.56 I hereby certify that (I) the addresses ofthe Plaintiff and Defendant(s) are as shown ove, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ;7J.ov~f )' Ack . DANIEL G. SCHMIEG~SQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA DATE: ~ -J( - 0')' 0 ...., 0 = ~ = 'T. "" :0, ;;,- X.,., -"tJ :::0 fTl~ -i"'lrn "., t~6 <Xl ---"/ V :J:=ri _Ji.'", :::>(') ;Sf." N ':::l )> 0 ~n .::;- .< .. ~. PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Sclunieg, Esq., Id. No. 62205 Philadelphia, P A 19103 (71 'i) 'i01-7000 ATTORNEY FOR PLAINTIFF W A YPOINT BANK Plaintiff : COURT OF COMMON PLEAS Vs. : CIVIL DIVISION JEREMY J. LACOMBE : CUMBERLAND COUNTY GWENDOLYN LACOMBE AlK/A GWENDOLYN KIMMEL Defendants : NO. 05.883-CIVIL TERM TO: JEREMY J. LACOMBE 139 AMY DRIVE CARLISLE, PA 17013 DATE OF NOTICE: APRTT 1 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. TillS NOTICE I SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, D ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF Y U 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 TO ENTER A WRITTEN APPEARANC 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 DA YS ROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING A YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A WYER, 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 MAYBE ABLE TO PROVIDE OU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS A A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PAl 70 I3 (800)990-9108 FRANCIS S. HALLINAN, ESQ IRE Attorneys for Plaintiff =2 "" C..::'J C::;;;J 1;.1''1- 'P' ;"'rJ ;;v N ro -r.> =... <;?, ::r!-n -,- ':,S 'uQ ~~Q {~.~{ , , ~~ ':.0 :< r:? o ... " PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (7 J 'i) 'i61-7000 ATTORNEY FOR PLAINTIFF WAYPOINTBANK Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. JEREMY J. LACOMBE : CUMBERLAND COUNTY GWENDOLYN LACOMBE NKIA GWENDOLYN KIMMEL Defendants : NO. 05-883-CIVIL TERM TO: GWENDOLYN LACOMBE AIKIA GWENDOLYN KIMMEL 317 OLD STATE ROAD SHERMANS, PAl 7090 DATE OF NOTICE: A PRTT 1 200~ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, THIS NOTICE I SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, ND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF U 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 TO ENTER A WRITTEN APPEARANC PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS ROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING A D YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A A WYER, 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 MAYBE ABLE TO PROVIDE OU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS A A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-91 08 FRANCIS S. HALLINAN, ESQ IRE Attorneys for Plaintiff n (-.; r-' c::c-' C'-" ,oJ> "":Ji. :."'(} :;O,;,J t''' cD t) ) I ~ -0 ....:..~ ::::~ " -, ~ o -n :J:!,::D "r;; -n'-:::J S~t~ ::5:.r"~ ~c/0 i""-') \1'1 ~----\ ~G" c::> .r. 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 W A YPOINT BANK 601 PENN STREET CUMBERLAND COUNTY COURT OF COMMON PLEA Plaintiff, CIVIL DIVISION v. JEREMY J. LACOMBE GWENDOLYN LACOMBE NK/A GWENDOLYN KIMMEL NO. 05-883-ClVIL TERM Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for th Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the foil wing facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the Uni ed States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act fCongress of 1940, as amended. (b) that defendant JEREMY J. LACOMBE is over 18 years of age and resi es at, 139 AMY DRIVE, CARLISLE, PA 17013. (c) that defendant GWENDOLYN LACOMBE A/K/ A GWENDOLYN over 18 years of age, and resides at, 317 OLD STATE ROAD, SHERMAN 17090. MELis ,PA This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 reI ting to unsworn falsification to authorities. ~ . .f ,)I J.a . , ("'nUl..x.o . (. ?1t DANIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff ~. ., n: (') (- . l~ (-. ) , .- <<..., ~., ~( ...., C~ CO> 0' """ "U ;:;:J f',) CI:J ~ :t..,) P'F- rn ~O t=>h ~.~~ '__-'10 :.J .,,"\ ,~ "-'-1 :< -0 -~ ~ r:-:> (::) :- (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS L VANIA CIVIL ACTION - LAW W A YPOINT BANK 601 PENN STREET CUMBERLAND COUNTY COURT OF COMMON PLEA Plaintiff, CIVIL DIVISION v. JEREMY J. LACOMBE GWENDOLYNLACOMBEN~A GWENDOLYN KIMMEL NO. 05-883-CIVIL TERM Defendant(s). N tice is given that a Judgment in the above-captioned matter has been entered against you n By: rfyou have any questions concerning this matter, please contact: q." '. / (1/ 11 tl/l\A.t'><!' c..u.-~~ Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN S ATION 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 INFO OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DIS BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AN NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT AGAINST PROPERTY."" ATION HARGE IN SHOULD F A LIEN ~~ ......... R s' w ~ ~ ~ ~ ;j ~ - ...J ('- \.) fJ , (') ,..., = a r- .::::..:') -n ... <;:..rl ~.J ~ :::;l ,-_.... " -~'T' ?;:; rne N -aL'] co iS6 .11,.~ 1_' - ,- -r. :1: ~~~ ~~- ,.. N r--I' II -~l /.'. ;C.. -., c> .lJ -<. (..> .< ~ ~ F ~Q\ ~ ~ ~ I -) (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSU ) P.R.C.P.3180-3183 W A YPOINT BANK Plaintiff, v. JEREMY J. LACOMBE GWENDOLYNLACOMBEN~A GWENDOLYN KIMMEL No. 05-883-CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $29,614.56 ../ Interest from 4/21105 to SEPTEMBER 7, 2005 (per diem -$4.87) $676,93 and Costs TOTAL $30,291.49 'J:<'. .' "; .\ f I' (..~. p./\ DANIEL G. SCHMIEG, QUIRE 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 t plaintiff. It ma not be sold in the absence of a re resentat the plaintiff at the Sheriff's Sale. The sale must be postpon stayed in the event that a representative of the plaintiff is present at the sale. e ve of d or ot C 0\ C r-- .... "'" < ~ ..,~ ~ .... coo ~ r--z ...;S ~ ~J O~ z z rn> .... 0 ~~ ~~ "'" ... 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BEGINNING at a point in centerline of Farm Road T.344, at corner of Lot No.4 on Plan of Penn Manor; thence along Lot No.4 on said Plan Sooth 89 degrees 07 minUleS 31 seconds West 453,58 feet to an iron pin; thence still along Lot No, 4 on said Plan, South 00 degrees 52 minutes 29 seconds East 180.00 feet to an iron pin set; thence along Lot No.9 and Lot No. 10, Sooth 89 degrees 07 minutes 31 seconds West 246.98 feet to a point; thence along Lot No, I North 00 degrees 52 minutes 29 seconds West 330.00 feet to an iron pin set; thence along Lot No.2, North 89 degrees 07 minutes 31 seconds East 700,00 feet to a point; thence along centerline of Farm Road, T-344 South 00 degrees 58 minutes 23 seconds East t50.00 feel to a point. the place of beginning. CONTAINING 3.4315 acres and designated as Lot No.3 on the Plan of Penn Manor. Tax Parcel #31.12.0330-068 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jeremy 1. Lacombe and Gwyndelyn Lacombe, his wife by Deed from Kimjon, fncorporated, dated 10/19/2001 and recorded 1l/6/2001 in Record Book 249, Page 565. PREMISES BEING: LOT 3 FARM ROAD, NEWVILLE, P A 17241 r>~ J...:, 0.::, -t:: . \....... C3. ....... ~ --. eX) R.. <.)'. e.' ~ (j" C:! ~ -:-- ~ ((}~ :'\'-, ....' 0 ~v Cl "'" = 1'\ s; c.n 1...,., V" ~ :"'0 p1p:: ~' ?O rti ", :'QC') -" L c::> (~~C), -r.-f' -0 ;:,-'):\1 , <._0 ~'I-. l' :/"")cn UJ ~ ( r:-? ~,:..\ J7' ~1-' :':1 0 .J:} <--- -~ <..n -. "'-l CA C) c! WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-883 Civil CIVIL ACTION - LA TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due W A YPOINT BANK Plaintiff(s) From JEREMY J. LACOMBE, 139 AMY DRIVE, CARLISLE PA 17013 and GWENDOL Y LACOMBE a/k/a GWENDOLYN KIMMEL, 317 OLD STATE ROAD, SHERMANSDALE PA 17090. (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT LOT 3 FARM ROAD, NEWVILLE PA 17241 (SEE LEGAL DESCRIPTION) . (2) You are also directed to attach the property of the defendam(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 IT paying any debt to or for the aCCotUlt of the defendant (s) and from delivering any property of the defend nt (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 he/she has been added as garnishee and is enjoined as above stated. Amount Due $29,614.56 L.L. $.50 Interest FROM 4/21/05 TO 9/7/05 @ $4.87 PER DIEM ~ $676.93 Atty's Comm % Due Prothy $1.00 Atty Paid $234.10 Plaintiff Paid Date: APRIL 28, 2005 Other Costs CURTIS R. LONG (Seal) By: REQUESTING PARTY: Name FRANCIS S. HALLINAN, ESQ. Address: ONE PENN CENTER@ SUBURBAN STATION 1617 JFKBLVD., STE.1400, PHILA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 W A YPOINT BANK CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. JEREMY J. LACOMBE GWENDOLYN LACOMBE AlK/A GWENDOLYN KIMMEL CIVIL DIVISION NO. 05-883-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, I) WAYPOINT BANK, 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 info ation concerning the real property located at ,LOT 3 FARM ROAD, NEWVILLE, P A 17241 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEREMY J. LACOMBE 139 AMY DRIVE CARLISLE, PA 17013 GWENDOLYN LACOMBE AlKJA GWENDOLYN KIMMEL 317 OLD STATE ROAD SHERMANS, P A 17090 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 Ii n on the real property to be sold: Name Last Known Address (if address cannot e 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 b 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 b reasonably ascertained, please indicate) None 6, Name and address of every other person who has any record interest in the property and hose interest may be affected by the sale. Name Last Known Address (if address cannot b reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has y interest in the property which may be affected by the sale: Name Last Known Address (if address cannot e reasonably ascertained, please indicate) Tenant/Occnpant LOT 3 FARM ROAD NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisbnrg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of y personal knowledge or information and belief. I understand that false statements herein are made s bject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities, April 2 L 2005 DATE ~-f~ 11.,;'(2 ; DANIEL G. SCHMIE&ESQUIRE Attorney for Plaintiff p "" C::~':l 0 '.. ~'" ;;;..... ;:(:; ,I;/~ ''''' ..." "'" :i! .,J ;;0 nl ::n ", r- -C,m Q'j ~-36 {:." 22 ~:f'-?' ~ Cj~n c- ';,"' :> N :Srn -- -., :-'-'1 -< c:> "J>> :.::J <:'ri -< 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 PLAINTIF W A YPOINT BANK Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLE v. CIVIL DIVISION JEREMY J. LACOMBE GWENDOLYN LACOMBE AlKfA GWENDOLYN KIMMEL NO. 05-883-CIVIL TERM Defendant(s). CERTIFICATION DANIEL G, SCHMIEG, ESQUIRE, hereby verifies that he is attorney for t e Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act I 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 0 unsworn falsification to authorities. ;f1&"wJ' j)j) L DANIEL G. SCHMIEG, Q IRE Attorney for Plaintiff 0 "" 0 ~ c = " ., c.n ..,'^ "'" 5!..,., ,..... ". " !' 1'11,-, ~ r- N ~'(1 r]J ;~,) '. :Os: ~;~ CD ~:~:(., -l-"rj 1~> (.- ~ ~~~! ?s '"'-~-- :i;; (~~. r:-:' C5rn ---I ~ )'> 0 -:::.0 -.;. (,.'1 -..-,: '" . W A YPOINT BANK Plaintiff, CUMBERLAND COUNTY v. No. OS-883-CIVIL TERM JEREMY J. LACOMBE GWENDOLYN I,ACOMBE A1KJA GWENDOLYN KIMMEL Defendant(s). April 21, 2005 TO: JEREMY J. LACOMBE 139 AMY DRIVE CARLISLE, PA 17013 GWENDOLYN LACOMBE AJKJ A GWENDOL YN KIMMEL 317 OLD STATE ROAD SHERMANS, PA 17090 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFO ATlON OBTAINED WILL BE USED FOR THA T PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHA GE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONS UED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN A GAINST PROPERTY" Your house (real estate) at, LOT 3 FARM ROAD, NEWVILLE, PA 17241, is sc eduled to be sold at the Sheriffs Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Cumberland Count Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $2 614.56 obtained by W A YPOINT BANK (the mortgagee) against you. In the event the sale is cont nued, 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: I. The sale will be cancelled if you pay to the mortgagee the back payments, lat charges, costs and reasonable attorney's fees due. To find out how much you must pa , 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 Co rt 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 ore 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 OT ER 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 bid er. 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 ossly 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 i the sale. To find out if this has happened, you may call (717) 240-6390. 4. rfthe amount due from the Buyer is not paid to the Sheriff, you will remain the wner 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 he Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedi gs to evict you. 6. You may be entitled to a share of the money which was paid for your house. A chedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of t e sale. This schedule will state who will be receiving that money. The money will be paid out in accor ance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed ith 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 bac , if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU D NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFIC LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It ma not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale m st be postponed or stayed in the event that a representative of the plaintiff is not presen at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 DESCRIPTION ALL 'THAT CERTAIN tract of land situale in Penn Township, Cumberland County, Pennsyl\'ani:!, bounded and described in aCCOrdance with a I'lao prepared by Stanley Jannolenko, R.P.LS., dal<.'<l April II, 1997 and recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 75, Page 9. BEGINNING al a point io centerline of Farm Road T-344, at comer of Lot No.4 on Plan of Penn Manor; thence afong Lot No.4 00 said Plan South 89 degrees 07 minulCs 31 seconds West 453.58 f""" to an iron pin; thence still along Lot No.4 on said Plan, South 00 degrees 52 minutes 29 seconds East 180.00 feet to an iron pin sel; thence along Lot No. 9 and Lot No. 10, South 89 degrees 07 minutes 31 seconds West 246.98 feet to a point; tbence along Lot No. 1 North 00 degrees 52 minules 29 seC<Jnds West 330.00 feet to an iron pin Set; thence along Lot No.2, North 89 degrees 07 minntes 31 seC<Jnds Easl 700.00 feet to a point; thence afong centerline of Pann Road, T-344 South 00 degrees 58 minules 23 seconds EaSt 150.00 feet to a point, the place of beginning. CONTAINING 3.4315 acres and designaled as Lot No.3 on the Plan of Penn Manor. Tax Pareel #31-12"()330-Q68 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jeremy J. Lacombe and GwyndelYll Lacombe, hi,; wife by Deed from Kimjon. Incorporated, dated 1O/J9/2ool and recorded 1116/2001 in Record Book 249, Page 565. PREMISES BEING: LOT 3 FARM ROAD, NEWVILLE, P A 17241 (') ~-~ ':' .~ -<-J ~ r-> C;;:) = <J> ::;; ;.;0 "', co ~ 3:1 rnp1 \.12 "0 ~:.) ....1.<, 'I-n '::)0 >:f"n 2 ~ '<. ..", =~: r:-? c:> (.n -' AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF W A YPOINT BANK PJT No. 05-883-CIVIL TERM DEFENDANT(S) JEREMY J. LACOMBE GWENDOLYNLACOMBEAn0A GWENDOLYN KIMMEL ACCT. #0356107451 SERVE GWENDOLYN LACOMBE A/KJA GWENDOLYN~MELAT 317 OLD STATE ROAD SHERMANS, P A 17090 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 7, 2005 SERVED Servediand made known to GI<.><.:...>Jo \ I tJ hoC:D\.o1 It, "'- , Defendant, on the ~ iJ ~ day of M.. y ~ r:.'~;;l., 3/'" o(J S~..t~ Kd, J ~"-I/',,-^<>'-'''' ~,,\ ~ ,2002"at \.0, ,0 clock f.m., at ( , COmnlonwealth of Pennsylvania, in the manner described below: ~Defendant personally served. . Adult family member with whom Defendant(s) reside(s). Name and Relationship is 'Adult in charge of Defendant(s)'s residence who refused to give name or relationship. i Manager/Clerk of place oflodging in which Defendant(s) reside(s). " Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. ~';}lf'-. Other: 101-''-) b",-,vuvv I II r ) Descript(ion: Age , "16 Height Q 0 Weight ~- Race ~ Sex f Other ~c 3 ",sse'S. t, C a\JC..,c...... l, C~~ ~1<.a competent adult, being duly sworn according to law, depose and state that I personaly handed a true and correct copy of the Notice of Sheri manner as set forth herein, issued in tbe captione~ case on the date and at the address indicated above. NOT SERVED On the day of ,200_, at o'clock _.m, Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: I I Time: 2nd Attempt: I I Time: 3rd Att~mpt: I I Time: Sworn to ~nd subscribed before me this ~ day of , 200 _' Notary: By: Attornev ~or Plaintiff Daniel G. Schmieg, Esquire - LD. No. 62205 "".., ....0 C"::) f :~::> (j") C) -1'1 o :! ""0 AFFIDAVIT OF SERVICE PLAINTIFF W A YPOINT BANK CUMBERLAND COUNTY PJT No. 05-883-CIVIL TERM DEFENDANT(S) JEREMY J. LACOMBE GWENDOLYN LACOMBE AlKlA GWENDOLYN KIMMEL ACCT. #0356107451 SERVE JEREMY J. LACOMBE AT 139 AMY DRIVE CARLISLE, PA 17013 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 7, 2005 -- Served ,and made known to J '<~ ~ V^ 1 at G;j r , o'clock fm.. at /:} 9 SERVED ::J, h';}. co "'" \0, , Defendant, on the AVA t Dv; V t) (';;,6~.J.S \ e. :;2,.., ~ day of fJ,"'r , 200_& , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. . I b I . .1 ~AdUlt family member with whom Defendant(s) reside(s). Name and Relationship is Co ~ VI;) ; ~ 'f' '. Adult in charge of Defendant(s)'s residence who refused to give name or relationship. ,tA. f \\ ~ j(",1Z. ~ '3 Manager/Clerk of place of lodging in which Defendant(s) reside(s). V'" C. tAt Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. fbs . - ' II ~) l.11 C Description: AgeR Height2L2 Weight /.5!> Race~Sex..L- Other )00 :) bS5 <:"5 I, 6;)'11'< "-'c<:.. L, G.iL~Z, 'JV, ,a competent adult, heing duly sworn according to law, depose and state that I personally handed a true al)d correct copy of the Notice of Sheriffs Sale in the manue .... ed case on the date and at the address indicated above. NOTARW.SEAI. UJClUE H. CARTY,~ Sworn t'll and subscribed le\IIIUnlly Tatmshlp, F ~ 1~ befOff,rj1ethis~day ~ MyConlnlssllJl,Exp1r88 . , of J!j'<>ri ,200S 'IJ Notary<~ ~~ By: PLl'ASE ATTEMPT SERVICE AT LEAST 3 TIMES. I ICATE DA , Other: I()~'] ~z,l'-\( ~a:1 ((... NOT SERVED On the day of ,200_, at Moved Unknown No Answer 1 st Attllmpt: / / Time: 3rd Attempt: / / Time: 0' clock _.m., Defendant NOT FOUND because: Vacant 2nd Attempt: / / Time: Sworn to' and subscribed before me this _ day of , 200 _' Notary: By: Attorn~ for Plaintiff Daniel.. Schnueg, EsqUIre - I.D. No. 62205 ~o ~~ (') C~f ~l t::.., ~"-'-. '~-l ~1:i c l.L" PHELAN HALLINAN & SCHMIEG, LLP , 'Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. ONE PENN CENTER A~ SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD. PHILADELPHIA, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION WAYPOINT BANK CUMBERLAND COUNTY Plaintiff vs NO. 05-883 C.T. JEREMY J, LACOMBE GWENDOLYN LACOMBE, A/K/A GWENDOLYN KIMMEL Defendant(s) SUGGESTION OF RECORD CHANGE RE: DEFENDANT'S NAME TO THE PROTHONOTARY: Francis S. Hallinan, hereby certifies that, to and belief the Defendant's ESQUIRE, attorney for the Plaintiff, the best of his knowledge, information name was erroneously listed as: JEREMY J. LACOMBE GWENDOLYN LACOMBE, A/K/A GWENDOLYN KIMMEL The correct name for the Defendant(s) are: JEREMY J. LACOMBE GWENDOLYN LACOMBE, A/K/A GWENDOLYN KIMMEL, A/K/A GWYNDELYN LACOMBE Kindly change the information on the docket. Date: June 16, 2005 -::r.~s ~ Francis Hallinan, Esquire Attorney for Plaintiff (~ , ~ c:~ <J' (~ C. -....., pe_ ~ o Q, -4 '::!:-n fne. -'0'" '1')0 ') L '.-,l,) ~:?~ :'l~ (,Y --I ;l> :~ -0 -.',' ~,~ - J;::" 0" Waypoint Bank VS Jeremy J. Lacombe and Gwendolyn Lacombe a/k/a Gwendolyn Kimmel The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-883 Civil Term Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 12,2005 at 5:55 o'clock PM, he 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: Jeremy J. Lacombe, by making known unto Jeremy Lacombe, personally, at 139 Amy Drive, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Gwendolyn Lacombe a/k/a Gwendolyn Kimmel, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania, to serve the within Real Estate Writ, Notice of Sale and Description according to law. Perry County Return: And Now, July 23,2005 at 8:40 o'clock AM, served the within Real Estate Writ, Notice of Sheriffs Sale and Description upon the defendant, Gwendolyn Lacombe a/k/a Gwendolyn Kimmel by handing to her personally at 317 Old State Road, Shermansdale, P A 17090. So answers: Carl Nace, Sheriff of Perry County, Pennsylvania. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 15,2005 at 3:30 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 Jeremy J. Lacombe and Gwendolyn Lacombe a/k/a Gwendolyn Kimmel, located at Lot 3, Farm Road, Newville, 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: Jeremy J, Lacombe, by regular mail to his last known address of 139 Amy Drive, Carlisle, PA 17013. This letter was mailed under the date of July 01, 2005 and never returned to the Sheriffs Office. 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: Gwendolyn Lacombe a/k/a Gwendolyn Kimmel, by regular mail to her last known address of 317 Old State Road, Shermansdale, P A 17090. This letter was mailed under the date of July 29, 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 Schmieg. Sheriffs Costs: Docketing Poundage Posting Handbills Advertising Law Library Prothonotary Mileage Certified Mail Levy Surcharge Out of County Perry County Law Journal Patriot News Share of Bills 30.00 17.03 15.00 15,00 .50 1.00 13.30 4.30 15,00 30,00 9.00 47.30 365.00 287,81 20.20 $ 870.44 Sworn and subscribed to before me ~'~..t:?G'~ 2005, A.D. R. Thomas Kline, Sheriff ByJO Real Estat ).0 ue... 5'/ () 73 ~ /(,9J(,5 W A YPOINT BANK CUMBERLAND COUNTY Plaintiff, " v. COURT OF COMMON PLEAS JEREMY J. LACOMBE GWENDOLYNLACOMBEAnUA GWENDOLYN KIMMEL CIVIL DIVISION NO. 05-883-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) W A YPOINT BANK, 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 ,LOT 3 FARM ROAD, NEWVILLE, PA 17241. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEREMY J. LACOMBE 139 AMY DRIVE CARLISLE, P A 17013 GWENDOLYN LACOMBE AfKJA GWENDOLYN KIMMEL 317 OLD STATE ROAD SHERMANS, P A 17090 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 recordt;'~ holdp,r 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 LOT 3 FARM ROAD NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 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. April 21. 2005 DATE ;fi~ JJ~~ DANIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff W A YPOINT BANK CUMBERLAND COUNTY Plaintiff, v. No. OS-883-CIVIL TERM JEREMY J. LACOMBE GWENDOLYNLACOMBEAnUA GWENDOLYN KIMMEL Defendant(s). April 21, 2005 TO: JEREMY J. LACOMBE 139 AMY DRIVE CARLISLE, P A 17013 GWENDOLYN LACOMBE A/K1A GWENDOLYN KIMMEL 317 OLD STATE ROAD SHERMANS, P A 17090 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN AITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY ** Your house (real estate) at. LOT 3 FARM ROAD, NEWVILLE. PA 17241, is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 7. 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$29,614.56 obtained by W A YPOINT BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I. 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. Ifthe 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 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, P A 17013 DESCRIPTION ALL THAT CERTAIN tract of land situate in Penn Township, Cwnberland County, Pennsylvania, bounded and described in a=rdance with a Plan prepared by Stanley Jattl\\)lenlto, R,P.L.S., dated April II, 1997 and recorded in the OffICe of the Recorder of Deeds of Cumberland County in Plan Book 75, Page 9. BEGINNING at a point in centerline of Farm Rood T-344, at corner of wt No, 4 on Plan 01 Penn Manor; thence along Lot No.4 on said Plan South 89 degrees 07 minutes 31 seconds West 453.58 feel to an iron pin; tbence still along LoI No.4 on said Plan, South 00 degrees 52 minutes 29 s<ronds East 180.00 feet to an iron pin set; thence along LoI NO.9 and wi No. 10, Soolh 89 degrees fJ1 minuteS 31 seconds West 246.98 feet to a point; thence along Lot No. I North 00 degrees 52 minutes 29 seconds West 330.00 feet to an iron pin ~; thence along LoI No.2, North 89 degrees 07 minutes 31 seoonds East 700.00 feet to a point; thence along centerline of Fann Road. T-344 South 00 degrees 58 minutes 23 seconds East 150,00 feet to a point. the place of beginning. CONTAINING 3.4315 acres and designated as LoI No.3 00 the Plan of Penn Manor. Tax rarcel #31-IHI330-068 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN leremy I. Lacombe and Gwyndelyo Lacombe, his wife by Deed from Kimjon. Incorporated. dated 10119/2001 and recorded 11I6/2001 in Record Book 249, Page 565. PREMISES BEING: LOT 3 FARM ROAD, NEWVILLE, P A 17241 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-883 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due W AYPOINT BANK Plaintiff(s) From JEREMY J.LACOMBE, 139 AMY DRIVE, CARLISLE PA 17013 and GWENDOLYN LACOMBE a/k/a GWENDOLYN KIMMEL, 317 OLD STATE ROAD, SHERMANSDALE PA 17090. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT LOT 3 FARM ROAD, NEWVILLE PA 17241 (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 gamishee(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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $29,614.56 L.L. $.50 Interest FROM 4/21/05 TO 9J7/05 @ $4.87 PER DIEM ~ $676.93 Atty.s Comm % Due Prothy $1.00 Atty Paid $234.10 Other Costs Plaintiff Paid Date: APRIL 28, 2005 CURTIS R. LONG (Seal) REQUESTING PARTY: Name FRANCIS S. HALLINAN, ESQ. Address: ONE PENN CENTER@ SUBURBAN STATION 1617 JFKBLVD., STE.1400, PHILA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 Real Estate Sale #03 On May 04, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, P A Known and numbered as Lot 3, Farm Road, Newville, more fully described on Exhibit "A" Date: May 04, 2005 By: Jo~ 0~ Real Estate Deputy E> CViI I:jj;] = ~ [Nil filed with this writ and by this reference incorporated herein. bl] :E d bl HdV ~OOl "d " , ,dNnu:i 'J: ", '('1' ',' .:I.~'(j3HS ";'.'1' , ,j"iiG/iIIJ -" ,- .,0 :JJI::UO 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 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 Commonwealth of Pennsylvania, with its ptincipal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 19th and 26th day(s) of July and the 2nd day(s) of August 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 Misce eous Book "M", Volume 14, Page 317. COpy S ALE #3 Sworn to an NOTAR UBLIC My commission expires June 6, 2006 PUBLICATION CUMBERLAND COUNTY SHERJFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRJOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 287.81 . IlEAl.. E8P1n........ II -.... , J ... CIWIl...... w.,~IIlI8enk v. ......J. Latln_ and . ..' ~n Lecombe iIIWi.,Lndolyn KI/IU:neI Au,i o.nlelllchmleg DEscRlPnoN v ALL 11lAT C1!RI'AIN .... 0I1mI_ in Penn Townsbip, ~~1- ~ _' _ Cocmry. Pewy1vaaia, _,11I4 described in ~wilII.PJ.~by'StlulIey , IIlIIIlOIculo, RPU.. ... Apilll, 1997 11I4 -.!odindleOllkooflbe........cilloedsci CumI><daod CoomIy in PIm _7S,Pase 9. BEGINNIIlG at . poiIlt In ~ 01_ ROod T.344, at """" 01 Lot No, ... ... PJ. of Peun~ 1heocea1oogLotNo.4onsaidPlm South 89 degrees 07 minutes 31 ",ODds West 45358 f1oelto an iroopiD; 1heoce still a1oogLot No.4.. said PIm, South 00 dogloos 52 -.. 29 sicoods F.aat 111000 f1oello an iron pin set, 1heoce a100g Lot No. 9 11I4 Lot No. 10, SouIh 89 dogloos07_31~_2<l6.98f1oelto , . point; tbeoce a100g Lot No.1 North 00 degrl:es 52 miootos29_West3JOoof1oelto an iron pin set, 1hence a100g Lot No. 2,North 89 degrees 07 miootos 31 SOCOIIl!s l!as1700oof1oelto ,point; 1heoce aIoog.....rune of Farm Road, T.344 SouIh 00 dogloos 58 minutes 23 _ East 15000 f10el to. point,lh<,Pace ofBllGlNNlNG. CONTAINlIlG 3431$_ and desigmued " Lot No. 3.. lbe Plmoli'-Maoor. Taxl'1ll1:e1'3J.1UlJ~. rnLE 10 SAID PIEMIsES is vested - in I.....y I. Laoombe and GweodoIyn Laccmbe, his wife, by Doed from lGmiou,lncorponll:d, dated 10119/2001 and -.!od 1U~11n_ _249.Pase565. PREMISIIS BEIN<< Lot 3, Farm Road, _,PAI724I 1. REAL ESTATE SALE NO. 3 Writ No. 2005.883 Civil Waypoint Bank VB. Jeremy J. Lacombe and Gwendolyn Lacombe. a/k/a Gwendolyn Kimmel Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract of land situate in Penn Township. Cumber- land County, Pennsylvania, bound- ed and described in accordance with a Plan prepared by Stanley Jar- molenko, R.P.L.S., dated Apr.ll 11, 1997 and recorded in the Office of the Recorder of Deeds of Cumber- land County in Plan Book 75, Page 9. BEGINNING at a point in center- line of Farm Road T -344, at corner of Lot No.4 on Plan of Penn Manor; thence along Lot No.4 on said Plan South 89 degrees 07 minutes 31 seconds West 453.58 feet to an iron pin; thence still along Lot No. 4 on said Plan, South 00 degrees 52 min- utes 29 seconds East 180.00 feet to an iron pin set; thence along Lot No.9 and Lot No. 10, South 89 de- grees 07 minutes 31 seconds West 246.98 feet to a point; thence along Lot No. I North 00 degrees 52 min- utes 29 seconds West 330.00 feet to an iron pin set; thence along Lot No.2, North 89 degrees 07 min- utes 31 seconds East 700.00 feet to a point; thence along centerline of Farm Road. T -344 South 00 de- grees 58 minutes 23 seconds East 150.00 feet to a point, the place of beginning. CONTAINING 3.4315 acres and designated as Lot No.3 on the Plan of Penn Manor, Tax Parcel #31-12- 0330-068. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jeremy J. Lacombe and Gwyndelyn Lacombe. his wife by Deed from Kimjon, Incorporated, dated 10/19/2001 and recorded 11/6/2001 In Record Book 249,Page 565. PREMISES BEING: L(JI' 3 FARM ROAD, NEWVILLE, PA 17241. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 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 of the said Cumberland Law Journal on the following dates, VIZ: July 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. I, \, SWO TO AND SUBSCRIBED before me this 29 day of Julv. 2005 NOTARIA SEAL LOIS E. SNYDER, Notary Public CarHsle Bora, Cumberland County My Commission El<llires March 5. 2009