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Home My WebLink About05-1196 :VlcCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQl'IRE Identilication Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 i'v1ortgagc Ekctronics Registratlon SySkms, Inc. 6.16 (;rand Regency Boolevard PO. Box 2369 Brandon, FL 33510 v. .lay Baker a/k/a Jay M. Baker 7 Pinc Road. Apt. 104 MOllnt Holly Springs. PA ] 7065 Attorney for Plaintiff Cumberland County Court ofComJ11on Pleas Number Dr; - ! ICfb Ctu'cCl~ CIVIL ACTION/MORTGAGE FORECLOSlRE NOTICE Yuu have been -sued in coun. If you wish 10 defend a~<lil1s[ the c!:Jims set forth In the fol\owlllg pugcs, YOLl must lakl' action \Vllhtn t\vcnty (20) dayS ,:lftcr thlS COJllphJlill iJlld not IeI..' me served, by entering a \vnttc:n appearance ptTsonal1 y or by attomcy and filing in wnting \vith the court yOU! dcknsl's ur objections to the claims set forth against you YUlI ,He \'\;uw~d tl\',\\ lryou 1'\.11\ 10 do so the case Ill"Y Ixocccd \\!tholl! \nu ~\\1d ,\ .Judgment Illay be elllclTd against you by th\.' C\)url \\ 1\liuu\ furlher notice 1'0)" ~lIlY 1110 Il ey' !.,'1,lIll1ed In the COI,)lpl,-Ilr\\ or lo\' uny other cbi11l 01' relief requested by the plain\ilf 'lUll m<1Y lose 11loni:Y or propi:rty or olher rights Imponanl to yuu YOU SHm;LD TAKE THrS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THrS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT 111R1'iC A l.AWYER. If YOU CANNOT AFFORD TO I1IRE A LA WYER. TillS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFOR:Y1ATION ABOUT ;\CENCIl,S T1IA 'I MAY OFFER LEGAL SERVICES TO ELlGIIlLE PERSONS AT A REDUCED fEE OR NO FIE. C\\\Ylh1.Crbnd County Bar Association 21.\hi..'nY;\\Clill( ('~11'11Sk. p ,.\. 170 \ :1 S(](I_'Jl){l_lJ 10S AVISO Le hall dCllmndudo J listed l'n b !.,'on!.,' SI IIS[\,d Ljlll!.,'I\' dcfclldcrsc de CSWS Lkl11,-1I1Lhs 1.-'\-PllCSIJS ~'Il I;h P,IC'-IIU,", slgul!.,'ntes, listed tlclle \'(,'1111l' (.2(Ji dliJS de pla/u ,d I'~IIW, ,k \,1 fcchJ ell' I;,) d\..'lllandJ v LJI1Utltll.'Jl'IUI1 Il,u.:e Lilt,l ~1"CI$,\II\l\,1 cOll1purenciaescrlw 0 en persona $ con un :JbO~L\du y -':1l\1\:':?~\\ J Iu corte ell knl1lu escrilil SllS defcnsJ.s 0 sus objcl.:l'..m-.:s '-\ 1,1:-> dClllundus en contra de S~I persona, Sea :J\\Sado qu\.' Sl USIl'd no SC' dcticnde, I,J carle !Omura Iw.xild:Js '! pucdc conlnlU,ll b dCIllLlllda ell cnnlrLl suya SlI1 pn.'\ In 'cI\lSn U l1\lllfICl()(J11 i\dCll1dS, IJ (one pUl'dc decl(!ir L\ r<l\U\ dc\ del11,-ll1dclllll' \ rcqulcrT que lIslcd curnpla con todas IdS provlslOncs (k CSld dClllunou. L;stcd pucde perde\" dincro 0 sus proplcdadcs u otros dcrcchos in1portantes para uSled, USTED LE DEBE TOMAR ESTE PAPEL A SI' ABOGADO INMEDIAT AMENTE. SI USTED MJ TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFlCI:-.iA 10 PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A CN ABOliAD() SIUSTELJ NO PIIFDII'ROPORCI()" \R I' \J<I lo'APLEAR ,'> AllO(,ADO.ISIA (JIICI".\ 1'1 I III SER CAPAl DL I'ROPORt 'JONARI (J ((J\ INFOR:VIACION ACERCA DL LAS ,\( diNCIAS Q1:E PliLDL!\ OLRECLR L(JS SI'RVICI(IS LUiid.rS ;\ PI.RSON'\S UI(i1llll S l!\ I" IIONORARI(J Rl'lll (111(1 \1 "1\''\ \ IIONORARIO ('\lrY\hl'rbnd COilllly 13'11 i\ssOtrclllOIl 2 LI\1'..;n)' A\~l1l\\.' Cal"ll::;,k. P,\. \ 70 I:; :'W()~()()(J-()l(IS :VlcCABE, WEISBERG AND CONWAY, P.c. BY: TERRE;\lCE J. McCABE, ESQUIRE Identitication Number 16496 123 South Broad Street, Suite 2080 Philadelphia,I'eunsylvania 19109 (215 790-10]0 Attorney for Plaintiff Mortgage Electronics RegistratIOn Systems. Inc. (,]() Grand Regency Boulevard P.O. /30\ 2J!>9 l;rand,,". H. :\3510 ('umherland ('oul1ty Courl or ('Olllmon Pleas v, Jay Baker adz/a Jay M. Baker 7 I'me Road, Apt. 104 Mount !-lolly Springs. PA 17065 Number Df: - C/uL ~~ CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plamtiff is Mortgage Electronics Registration Systems. Inc., a corporation duly orgal1ll.ed and domg husiness at the above captioned address. 2. The Defendant is Jay Baker a/kia Jay M. Baker, who ]s the mortgagor and real ow ne'/ ol' lhe mOrlgaged property hereinatler described. and his lasl-known address IS 71'Ine Road. Apt. 104. Mount 11011\ Springs. 1'/\ 170()5. 3. On 11/15;,'2001, mortgagor made, executed and ddlv..:rt'd n 1110rtgage upon thl' prCllll'-,l'" herelllal'ttr described to Equiflrst Corporatlon wh)ch mortgage is recorded in the Office of the Recorder ol' Cumberland County in Mortgage Book 1739. Page 2793. 4. On 02/08/2002. the aforesaid mortgage was thereafter assigned by EqUlfirst CorporatIOn to MOrlgage Electronics Registration Systems. [nc., as nommee for HoosehoJd Fmance Corporation. its successors, Plaintiff herein. by Assignment of Mortgage recorded m the Orr]ce of the Recorder or ('umberland County in Assignment of Mortgage Book 684, page 2919. 5. Mortgage Electronic Registration Systems. lnc.. is or will be. the owner or legal title to the mortgage that is the subject of this action, and nominee for Household Mortgagc Funding Corporation III, its successors, which is the owner oflhe entire beneficial interest in the mortgage. 6. The premises subject to said mortgage is described in the iegal descnptlon attached as Exhibit ",\" and is known as 14 East Street. Mount Holly Spnngs, PA l7065. 7. The mortgage is in default because monthly payments ofpnnelpal and II1tcre'stupon "lid mortgage due 08/20/2004 and each month thereafter are due and ullpaid. and by tbe terms Df said Il1Dr\gagc'. upon dl't"ault in such payments ror a pCrJod of one 111onth. rhl' entire princqlal bu!alll.'l' and ~lI] IllllTl'-;] dUl' therCOIl arc collectible forthwith. .s. The followmg amounts are due on the mortgage: Prinelpai Balance Interest 07/20/2004 through 12/21/2004 (Plus S 14.18 per diell1 thereafter) Attorney's ree Late Charges Corporate Advances Cost of Suit Appraisal Fee Title Search S 51.74<).66 S 2.15347 $ 2.58748 $ ] 16.05 S 60.00 S 225.00 $ 125.00 $ 200.00 $ 57.21('.M GRAND TOTAL 9, The attorney's fees set forth above arc in conformity \vith the nlortgnge docllIllellh <.lnJ 1\:nnsyh'a\1l~l La\v and W1\\ be collected In the event or u thm:.l parly pllrl'h~l'iLT ~Il ShLTilf..; ,'-),i!l 11111l' mortgage IS rell1stated pnor to the Sale. reasonable attorney's fees will be charged based on WDrk actual I) performed. 10. Notice of Intention to roreclose as reqUired by Aet I> of \974 \4\ P.S. ~403) a/ld /lotlce' required by the Emergency Mortgage ASSistance Act of 1983 as amended under 12 PA Code Chapter 13. ct SCLJ., cOl11mon]y known as the Combined NotIce ofDelinqueney has been sent to Defendant by' regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant In the sum 01' S.\7.:> I (,M, together \vlth mttrest at the rate of $14.18 per diem and other co~ts and charges collectible LWld"-'r Ill\.: mortgage and for the foreclosure and sale ofrhe mortgaged property. ~,/~ ---~- TERRE CE .' c 'A. F. ESQUIRE Attorney 1'01' Plamtilf VERIFICATION The undersigned, Terrence 1. McCabe, Esquire, hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and beiiefand further states that false statements herein are madc subject to the penalties 01' 18 PA.C'.S. 04')1J4 rc'ldllI1g 10 unsworn 1~i1sitication to authorities. ~~\::p Terrence J. I C abe DESCRIPTION TRACT NO.1: ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pipe at corner of lands of J.W. Odell and edge of East Street; thence South 39 degrees 22 minutes East, a distance of 50 feet along edge of East Street to a stake on the edge of said street; thence South 49 degrees 51 minutes 20 seconds West, a distance of 90 feet along South Street to a stake and corner of lands of Norman D. Kuhn, et ux; thence North 39 degrees 22 minutes West, a distance of 50 feet along lands.ofNorman D. Kuhn, et UX, to a stake and corner of lands of Norman D. Kuhn:'';t ux, and lands of J.W. Odell; thence North 49 degrees 51 minutes 20 seconds East, a distance of 90 feet along lands of J.W. Odell to an iron pipe at the edge of East Street and comer of lands of J.W. Odell and place of beginning. HA VING thereon erected a two-story frame dwelling house; said description being in accordance with survey of Thomas A. Neff, R.S., dated October 14, 1966. TRACf NO.2: ALL THAT CERTAIN tract of land, situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows, pursuant to a survey by Thomas A. Neff, R.S., on October ]4, 1966. . . f he Northern line of South Street and the Eastern line of a BEGJNN1NGat a stake, the mterse~:lOn Of ta'd alley North 39 degrees 22 minutes West 50 feet to a public alley; thence by the Eastern I m~ ~ ~ ~ II North 49 degrees 51 minutes 20 seconds East 87,81 stake; thence by land noW or former y 0 2i '. t:;East50 feet to a stake on the Northern line of South feet to a stake; thence South 39 ?egrefes 'd ~mut South 49 degrees 51 minutes 20 seconds West 87,81 Street; thence by the Northern Ime 0 sal s ree , feet to the place of beginning. Tax Parcel #23-32-2336-113 Exh\blt A o i,Q. 7( F~ ~ .Ul, ~~?u -l?- J - ~ :~'I\ \ .--' C'...;.~ -c:::> <..J'1 - -~..,. "1",.. ?'J I -l c;:?, -.... :I'."i". r11-~~:' _i)'~i ~l') c.? '~ l_) -',iS'i"< ":'. ,~n ;': ?{~ .r::: "P ,c,., ~% ~ -- -' SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-01196 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONICS REGISTRAT VS BAKER JAY AKA JAY M BAKER R_ Thomas Kline ,Sheriff or Deputy Sheriff, who leing duly sworn according to law, says, that he made a diligent sea ch and inquiry for the within named DEFENDANT BAKER JAY AKA JAY M BAKER I ut was unable to locate Him in his bailiwick. He therefore returns 'he COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , BAKER JAY AKA JAY M BAKER 14 EAST STREET MOUNT HOLLY SPRINGS, PA 17065 UNABLE TO SERVE DEFENDANT AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 4.44 5.00 10.00 .00 37.44 S~/~~__; R. Thomas Kline Sheriff of Cumberland County MCCABE WEISBERG CONWAY 04/04/2005 Sworn and subscribed to before me this r day of r'/ /1 J f &~<>J/ A.D. ~'~~~th~ -~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-01196 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONICS REGISTRAT VS BAKER JAY AKA JAY M BAKER SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BAKER JAY AKA JAY M BAKER t e DEFENDANT , at 2000:00 HOURS, on the 1st day of A ril 2005 at 7 PINE ROAD APT 104 MOUNT HOLLY SPRINGS, PA 17065 by handing to JAY BAKER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents t ereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 4.44 .00 10.00 .00 20.44 .;~~~~~ /~A . ~ R. Thomas Kline 04/04/2005 MCCABE WESIBERG CONWAY Sworn and Subscribed to before By: ,/ me this day of A.D. Prothonotary , McCABE, WEISBERG AND CONWAY, P.e. BY: TERRENCE J. McCABE, ESQUIRE Identification Nnmber 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Mortgage Electronics Registration Systems, Inc. Cumberland County Court of Common Pleas v, Jay Baker a1k/a Jay M. Baker Number 05- I 196 Civil Tenn ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above- captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 12/22/2004 - 05/03/2005 $ 57,216.66 $ 1,871. 76 TOTAL $ 59,088.42 ~~~~J~~~~~ AND NOW, this .5'-J1..-...dayof fYta. f ,2005, Judgment is entered in favor of Plaintiff, Mortgage Electronics Registration Systems, Inc., and against Defendant, Jay Baker a1k/a Jay M. Baker, and damages are assessed in the amount of$ 59,088.42, plus interest and costs. BY THE PROTHONOTARY: McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Mortgage Electronics Registration Systems, Inc. Cumberland County Court of Common Pleas v. I Jay Baker a/k/a Jay M. Baker Number 05- 1196 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYL VANIA: SS. COUNTY OF PHILADELPHIA The undersigned, being duly sworn according to law, deposes and says that the Defendant is 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; and that the Defendant, Jay Baker a/k/a Jay M. Baker, is over eighteen (18) years of age and resides at 7 Pine Road, Apt. 104, Mount Holly Springs, PAl 7065. SWORN TO AND SUBSCRlBED ---r:~~ ~ TERRENCE J. MC~r~E, ES Attorney for Plaintiff cc:,,~ UIRE BEFORE ME THIS 3RD DAY OF MAY, 2005. Notary Public , I ' /-",.:.1/. J ,_ 1 I ""/ 7 , , ! ' , .' ~-.'''/. 'I. "1'1." " , ,,~'''''\... . . ~ '- . NOTARIAL SEAL MicheiJe A l/(iI3Clk, Notarv Public City ofPhiJadelphia, Pln)adelphi'a COUnlY My comm18SWD expIres ,\'fan:/J 28. 20e} McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, P A 19109 (215) 790-1010 Mortgage Electronics Registration Systems, Inc. v. Jay Baker aJkla Jay M, Baker Attorney for Plaintiff Cumberland County Court of Common Pleas Number 05-1196 Civil Term CERTIFICATION Terrence J. McCabe, attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant that judgment would be entered against him/her within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN TO AND SUBSCRIBED BEFORE ME THIS 3'" DAY OF MAY, 2005. /-- , /; '. ,/:;If I ':, I ' . / ;1.//,// NOTARY PUBLIC ,~<4 ,/,', ~I " // !17/Yil./~J.../~ 'NOTARIAL sEAL . ~, N,~,~,\ry Pubhc . u:~,. ;"i;l'J::1ti;;ll;':' C. Uri~Y 'l' ." 'M"f,'r, "')~, 2CI(l~ 'j' ::\"''''''S''''ltl exp,(:'~ - ., ~ .- ~,'11,; ".,,,'...~H. ___,~_.--,- (Jc.R~ , ESQUIRE VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 P A.C.S. Section 4909 relating to unsworn falsification to authorities. . OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, P A 17013 Curt Long Prothonotary April 22, 2005 To: Jay Baker a/kJa Jay M. Baker 7 Pine Road, Apt. 104 Mount Holly Springs, P A 17065 Mortgage Electronics Registration Systems, Inc. Cumberland County Court of Common Pleas vs. Jay Baker a/kJa Jay M. Baker Number 05-1196 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEF AUL T IMPORTANT NOTICE NOTIFICACION IMPORTANTE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 USTED SE ENCUENTRA EN EST ADO DE REBEWIA POR NO HABER PRESENTADO UNA COMPARECENCIA EseRlTA, YA SEA PERSQNALMENTE 0 POR ABOGADO Y POR NO HABER RADICADO POR ESCRlTO CON ESTE TRIBUNAL 5US DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO, AL NO TOMAR LA ACCION DEBJDA DENTRQ DE DlEZ (10) DIAS DE LA PECHA DE ESTA NOTlfICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE CDMPARECER USTED EN CORTE U QIR PREUBA ALGUNA, D1CTAR SENTENC1A EN SU CONTRA Y USTED PODRIA PERDER BIENES U GTROS DERECHQS IMPGRTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGAOO lNMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFlCINA LO PUEDE PROPQRCIONAR CON (NFORMACION ACERCA DE EMPLEAR A UN ABOGADO. SJ USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER WS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDQ NI NINGUN HONORARIa. You ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPE..<\RANCE PERSONALLY OR BY ATIORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST you. UNLESS YOU ACT WITHiN TEN (10) DAYS FROM THE DATE OF THiS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT AHEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. You SHOUW TAKE THIS PAPER TO YOUR l.A WYER AT ONCE. IF YOU 00 NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BEWW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TOPROVlDE YOU WITH INFORMATION ABOUT AGENCIESTHATMA YOFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. F ! ~~-::l;'~"; , k,.,,\:; 1, Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A, 17013 800-990-9108 ~ \ Q ~~O~~S5fe)-,", Terrence J. cCabe, Esq 're Attorney for P . . McCABE, WEISBERG & CONWAY, P.e. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 TJM!rda ~ ~ ~ -<.s -0 8 ----- ~ ~ ~ ....., - :::.2 0 -\ ~ u; -n ~ ..... w r ~ :::f'--n ~ ....< n't': r- i- I ir3;~, ~ v..... '" F~ "'1) --,1 :$ C) i'5? i;"'-,i"i,i ':-~ r--- r,""' 0 ~';~) \.P .-< . OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary To: Jay Baker a/kJa Jay M. Baker 7 Pine Road, Apt. 104 Mount Holly Springs, P A 17065 Mortgage Electronics Registration Systems, Inc. Cumberland County Court of Common Pleas v. Jay Baker aJk/a Jay M. Baker Number 05-1196 Civil Term NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in tbe above proceeding as indicated below. Curt Long Prothonotary -1L- Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe. Esquire at (215) 790-1010. ",' *,', IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FILE NO.: 05-1196 Civil Term Mortgage Electronics Registration Systems, Inc. AMOUNT DUE: $59,088,42 v. Jay Baker, a/k/a Jay M. Baker INTEREST: from 5/4/05 - 917105 $1.233.17 at $9,71 Per Diem ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but ifit does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended, PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant( s) 14 East Street. Mt. Hollv Springs. P A 17065 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies oflengthy personalty list) N/A and all other property of the defendant(s) in the possession, custody or control ofthe said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the detendant( s) described in the attached exhibit. DATE: ':;-/7 6 '5 Signature:(~ :,N:;ff'l/CR Dji'ilC {its Print Name: TERRENCE J. cCABE, E QUIRE Address: 123 S. Broad Street, Suite 2080 Philadelphia. PA 19109 Attorney for: Plaintiff Telephone: (215) 7901010 Supreme Court ID No. 16496 AJ ~ r-- (J 7CJ 11 ~ ft- ~ :<';l.:--- -f- ........ ~ ~ & ~ 5"- \) ~ , , ~ r ~ "J f:-fJ ~ -() + V ~ ~ "- VJ Crt lG ::<l ~ ~')0 () \)~()'1-C ~VCC-C: I I I I - , - , ~ , - , - , - - , - ~ - ~ l>v~ ~U( -l::- C> ~ () I::J-U ~~ tl C) -on :.'\) r', r,_) c-, c;;) ./ ,~- TRACT NO.1: ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pipe at corner of lands of J.W. Odell and edge of East Street; thence South 39 degrees 22 minutes East, a distance of 50 feet along edge of East Street to a stake on the edge of said street; thence South 49 degrees 51 minutes 20 seconds West, a distance of 90 feet along South Street to a stake and corner of lands of Norman D. Kuhn, et ux; thence North 39 degrees 22 minutes West, a distance of 50 feet along lands of Norman D. Kuhn, et ux, to a stake and corner of lands of Norman D. Kuhn, et ux, and lands of J.W. Odell; thence North 49 degrees 51 minutes 20 seconds East, a distance of 90 feet along lands of J.W. Odell to an iron pipe at the edge of East Street and corner of lands of J.W. Odell and place of beginning. HAVING thereon erected a two-story frame house; said description being in accordance with survey of Thomas A. Neff, R.S., dated October 14, 1966. TRACT NO.2: ALL THAT CERTAIN tract of land, situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows, pursuant to a survey by Thomas A. Neff, R.S., on October 14, 1966. BEGINNING at a stake, the intersection of the Northern line of South Street and the Eastern line of a public alley; thence by the Eastern line of said alley, North 39 degrees 22 minutes West 50 feet to a stake; thence by land now or formerly of J.W. Odell, North 49 degrees 51 minutes 20 seconds East 87.81 feet to a stake; thence South 39 degrees 22 minutes East 50 feet to a stake on the Northern line of South Street; thence by the Northern line of said street, South 49 degrees 51 minutes 20 seconds West 87.81 feet to the place of beginning. Tax Parcel #23-32-2336-113 BEING known as 14 East Street, Mt. Holly Springs, PA 17065. WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1196 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONICS REGISTRATION SYSTEMS,INC., Plaintiff (s) From JAY BAKER A/K/A JAY M. BAKER (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 he/she has been added as a garnishee and is enjoined as above stated. Amount Due $59,088.42 L.L. $.50 Interest FROM 5/4105 - 917105 - $1 ,233.17 AT $9.71 PER DIEM Ally's Comm % Due Prothy $1.00 Atty Paid $139.88 Other Costs Plaintiff Paid Date: MAY 25, 2005 CURTIS R. LONG (Seal) Prothonot~ n ~y: Ud..a/l 0 L Deputy ~/W~J---- REQUESTING PARTY: Name TERRENCE J. MCCABE, ESQUIRE Address: 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 , McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Mortgage Electronics Registration Systems, Inc. Cumberland County Court of Common Pleas v. Jay Baker a/k/a Jay M. Baker Number 05-1196 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 14 East Street, Mt. Holly Springs, PA 17065, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s): Name Address Jay Baker a/k/a Jay M. Baker 7 Pine Road Apt. 104 Mt. Holly Springs, PA 17065 2. Name and address of Defendant(s) in the judgment: Name Address Jay Baker a/k/a Jay M. Baker 7 Pine Road Apt. 104 Mt. Holly Springs, PA 17065 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name Address Citifinancial, Inc. 1 Valley Street Suite 103 Carisle, PA 17013 and 7467 New Ridge Road Suite 222 Hanover, MD 21076 Attn: David Parks Plaintiff herein. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6. Plaintiff which may Name and address of every has knowledge who has any be affected by the sale: other person of whom the interest in the property Name Address Tenant(s) 14 East Street Mt. Holly Springs, PA 17065 Domestic Relations Cumberland County P.o. Box 320 Carlisle, PA 17015 . Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 UNITED STATES OF AMERICA c/o United States Attorney for the Western District of Pennsylvania Internal Revenue Service Commonwealth of Pennsylvania Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recobery Program 633 U.S. Post Office and Courthouse 7th & Grant Street Pittsburgh, PA 15219 Technical Support Group William Green Federal Bldg. Room 3259 600 Arch Street Philadelphia, PA 19106 Inheritance Tax Office 1400 Spring Garden St. Philadelphia, PA 19130 6th fIr., Strawberry Sq. Department #280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building 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. Section 4904 relating to unsworn falsification to authorities. DATE ( J McCABE, ESQUIRE for Plaintiff SI7-0r, . TRACT NO.1: ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pipe at corner of lands of J.W. Odell and edge of East Street; thence South 39 degrees 22 minutes East, a distance of 50 feet along edge of East Street to a stake on the edge of said street; thence South 49 degrees 51 minutes 20 seconds West, a distance of 90 feet along South Street to a stake and corner of lands of Norman D. Kuhn, et ux; thence North 39 degrees 22 minutes West, a distance of 50 feet along lands of Norman D. Kuhn, et ux, to a stake and corner of lands of Norman D. Kuhn, et UX, and lands of J.W. Odell; thence North 49 degrees 51 minutes 20 seconds East, a distance of 90 feet along lands of J.W. Odell to an iron pipe at the edge of East Street and corner of lands of J.W. Odell and place of beginning. HAVING thereon erected a two-story frame house; said description being in accordance with survey of Thomas A. Neff, R.S., dated October 14, 1966. TRACT NO.2: ALL THAT CERTAIN tract of land, situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows, pursuant to a survey by Thomas A. Neff, R.S., on October 14, 1966. BEGINNING at a stake, the intersection of the Northern line of South Street and the Eastern line of a public alley; thence by the Eastern line of said alley, North 39 degrees 22 minutes West 50 feet to a stake; thence by land now or formerly of J.W. Odell, North 49 degrees 51 minutes 20 seconds East 87.81 feet to a stake; thence South 39 degrees 22 minutes East 50 feet to a stake on the Northern line of South Street; thence by the Northern line of said street, South 49 degrees 51 minutes 20 seconds West 87.81 feet to the place of beginning. Tax Parcel #23-32-2336-113 BEING known as 14 East Street, Mt. Holly Springs, PA 17065. f " hi ~ It \'A 1/ ~~ (" .-..':) 'c> c.;..::; ~. j"i -' -~ f"'''"' L-' \ ~"2. r:-? (,.-\ c'...J C\ ."l' .-\) ~f;: - . , McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Mortgage Electronics Registration Systems, Inc. Cumberland County Court of Common pleas v. Jay Baker a/k/a Jay M. Baker Number 05-1196 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Jay Baker, a/k/a Jay M. Baker 7 Pine Road, Apt. 104 Mt. Holly Springs, PA 17065 Your house (real estate) at 14 East Street, Mt. Holly Springs, PA 17065 (more fully described as attached) is scheduled to be sold at Sheriff's Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $59,088.42 obtained by mortgagee against you. 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: 1. The sale will be canceled if you pay to mortgagee the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 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 the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 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 on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 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 a 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 real estate. A schedule of distribution of the money bid for your real estate 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 schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate 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. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 TRACT NO.1: ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pipe at corner of lands of J.W. Odell and edge of East Street; thence South 39 degrees 22 minutes East, a distance of 50 feet along edge of East Street to a stake on the edge of said street; thence South 49 degrees 51 minutes 20 seconds West, a distance of 90 feet along South Street to a stake and corner of lands of Norman D. Kuhn, et UX, thence North 39 degrees 22 minutes West, a distance of 50 feet along lands of Norman D. Kuhn, et UX, to a stake and corner of lands of Norman D. Kuhn, et UX, and lands of J.W. Odell; thence North 49 degrees 51 minutes 20 seconds East, a distance of 90 feet along lands of J.W. Odell to an iron pipe at the edge of East Street and corner of lands of J.W. Odell and place of beginning. HAVING thereon erected a two-story frame house, said description being in accordance with survey of Thomas A. Neff, R.S., dated October 14, 1966. TRACT NO.2: ALL THAT CERTAIN tract of land, situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows, pursuant to a survey by Thomas A. Neff, R.S., on October 14, 1966, BEGINNING at a stake, the intersection of the Northern line of South Street and the Eastern line of a public alley, thence by the Eastern line of said alley, North 39 degrees 22 minutes West 50 feet to a stake; thence by land now or formerly of J.W. Odell, North 49 degrees 51 minutes 20 seconds East 87.81 feet to a stake; thence South 39 degrees 22 minutes East 50 feet to a stake on the Northern line of South Street, thence by the Northern line of said street, South 49 degrees 51 minutes 20 seconds West 87.81 feet to the place of beginning. Tax Parcel #23-32-2336-113 BEING known as 14 East Street, Mt. Holly Springs, PA 17065. r~) (.,. r") (n co () -n ~ ;-;1 , (1 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Mortgage Electronics Registration Systems, Inc. Cumberland County Court of Common Pleas v. Jay Baker a/k/a Jay M. Baker Number 05-,1196 Civil Term AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 5~ day of July, 2005, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "AU. Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." '\ jJ"------- v TERRENCE J. McCABE, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 5th DAY OF July, 2005. fJ2u (J(wd((( Sf~ /!0vrnL~ NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Chrissandra Shay. Hamilton. Notary Public City of Philadelphia, Phila, County My Commission Expires January 4, 2009 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Exhibit A Mortgage Electronics Registration Systems, Inc. Cumberland County Court of Common Pleas v. Jay Baker a/k/a Jay M. Baker Number 05-1196 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following i.nformation concerning the real property located at 14 East Street, Mt. Holly Springs, PA 17065, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s) : Name Address Jay Baker a/k/a Jay M. Baker 7 Pine Road Apt. 104 Mt. Holly Springs, PA 17065 2. Name and address of Defendant(s) in the jUdgment: Name Address Jay Baker a/k/a Jay M. Baker 7 Pine Road Apt. 104 M'c. Holly Springs, PA 17065 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name Address Citifinancial, Inc. 1 Valley Street Suite 103 Carisle, PA 17013 and 7467 New Ridge Road Suite 222 Hanover, MD 21076 Attn: David Parks Exhibit A Plaintiff herein. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6 . Plaintiff which may Name and address of every has knowledge who has any be affected by the sale: other person of whom the interest in the property Name Address Tenant(s) 14 East Street Mt. Holly Springs, PA 17065 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 Commonwealth of Pennsylvania Department of Welfare UNITED STATES OF AMERICA c/o United States Attorney for the Western District of Pennsylvania Internal Revenue Service Commonwealth of Pennsylvania Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recobery Program P.O. Box 2675 Harrisburg, PA 17105 633 U.S. Post Office and Courthouse 7th & Grant Street Pittsburgh, PA 15219 Technical Support Group William Green Federal Bldg. Room 3259 600 Arch Street Philadelphia, PA 19106 Inheritance Tax Office 1400 Spring Garden St. Philadelphia, PA 19130 6th fIr., Strawberry Sq. Department #280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building 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. Section 4904 relating to unsworn falsification to authorities. July 5, 2005 \ 1'--------.. DATE TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Exhibit A McCABE, WEISBERG AND CONWAY, P. C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Mortgage Electronics Registration Systems, Inc. Cumberland County Court of Common Pleas v. Jay Baker a/k/a Jay M. Baker Number 05-1196 Civil Term DATE: July 5, 2005 Exhibit 8 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Jay Baker a/k/a Jay M. Baker PROPERTY: 14 East Street, Mt. Holly Springs, PA 17065 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 7, 2005 at 10:00 a,m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. _;i t--4 -1t. ....."'''' 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A ~,.4 ~ ? \.-I ..-I~ E \.H t1'~ ~P-> s: O';>-lOO)~ C ~~~~,...:ry U aro to\.-I ~ % ~ ~~O ~ VroQ)ca~\I) ~t).ra .~.~ p.~ 1.) 0 r'o )4 (j}P-< a> ",-; m Cd_-i(t.p..$~ t'J..n\'O\\ ~ ~ .. -;; .;s .. ~ '" ~ o ~ .; ~ .\: ~ I=: ~ li -a. e o u Il~ -~ ~.~ ~l- ..~ .~ !O --a'S f ,,\ 1~ ..." ~ g '" ~ \ ~ "" ~\ <:> ..: ... - ~ \m ~ ,,'ti o' l' "^ - if> ... .. ::::\ ....., c:> c:::? eft '-- c:: r~'~ o -n ...... -r ---n r"F -:-1rn .0'6 ..'~ ':.J -"'i -.> ~S~~ 1"3(';1 :r; XI .< tv 7.:'" -..;.- 9 c.;! N COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Thomas Case is the grantee the same having been sold to said grantee on the 7th day of September A.D., 2005, under and by virtue of a writ Execution issued on the 25th day of May, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 1196, at the suit of Mortgage Electronics Reg Systems Inc against Jay Baker aka Jay M Baker is duly recorded in Sheriffs Deed Book No. 271, Page 2446 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this~_ day of M.t, A.D. 2005 n)L~ (!; l/~--e! d.A.f(A~ Recorder of Deeds ~~=~~::. . , Mortgage Electronic Registration Systems, Inc. VS Jay Baker aJk/a Jay M. Baker The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-1196 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on June 24, 2005 at 6:41 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: Jay Baker a/k/a Jay M. Baker, by making known unto Jay Baker, father of Jay M. Baker, at 430 Run Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on July 12,2005 at 7:32 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 Jay Baker a/k/a Jay M. Baker, located at 14 East Street, Mt. Holly Springs, 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: Jay Baker a/k/a Jay M. Baker, by regular mail to his last known address of 430 Run Road, Carlisle, P A 17013. This letter was mailed under the date of July 05, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 7,2005 at 10:00 o'clock A.M. He sold the same for the sum of $65,800.00 to Thomas Case. It being the highest bid and best price received for the same, Thomas Case of21 Chestnut Street, 2nd Floor, Mt. Holly Springs, PA 17065 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $68,796.60. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage $30.00 1,316.00 30.00 30.00 30.00 10.00 .50 1.00 11.20 Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 6.29 30.00 30.00 443.00 346.94 18.20 25.00 39.50 $ 2,397.63 Sworn and subscribed to before me 2005, A.D. :~~~ R. Thomas Kline, Sheriff ~ Jt1'Llk~ Sergeant ~~ 30 (j1l . ~'\l ,. UL./ ...sl/, Y] i&u /'701/ ,>" ", " McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, P A 19109 (215) 790-1010 Attorney for Plaintiff Mortgage Electronics Registration Systems, Inc. Cumberland County Court of Common Pleas v. Jay Baker a/k/a Jay M. Baker Number 05-1196 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 14 East Street, Mt. Holly Springs, PA 17065, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s) : Name Address Jay Baker a/k/a Jay M. Baker 7 Pine Road Apt. 104 Mt. Holly Springs, PA 17065 2. Name and address of Defendant(s) in the judgment: Name Address Jay Baker a/k/a Jay M. Baker 7 Pine Road Apt. 104 Mt. Holly Springs, PA 17065 " 3, Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein. 4, Name and address of the last recorded holder of every mortgage of record: Name Address Citifinancial, Inc, 1 Valley Street Suite 103 Carisle, PA 17013 and 7467 New Ridge Road Suite 222 Hanover, MD 21076 Attn: David Parks Plaintiff herein. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6. 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 Address Tenant(s) 14 East Street Mt. Holly Springs, PA 17065 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 Commonwealth of Pennsylvania Department of Welfare P.o. Box 2675 Harrisburg, PA 17105 UNITED STATES OF AMERICA c/o United States Attorney for the Western District of Pennsylvania Internal Revenue Service Commonwealth of Pennsylvania Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recobery Program 633 U.S. Post Office and Courthouse 7th & Grant Street Pittsburgh, PA 15219 Technical Support Group William Green Federal Bldg. Room 3259 600 Arch Street Philadelphia, PA 19106 Inheritance Tax Office 1400 Spring Garden St. Philadelphia, PA 19130 6th fIr., Strawberry Sq. Department #280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building 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. Section 4904 relating to unsworn falsification to authorities. DATE ,j.x J\J~ () In ( Gi~ TERRENCE JI McCABE, ESQUIRE Attorney for Plaintiff s '- '7 - Of:) AMENDED SCHEDULE OF DISTRIBUTION SALE NO. 56 Date Filed: October 07, 2005 Writ No. 2005-1196 Civil Term Mortgage Electronic Registration Systems, Inc. VS Jay Baker a/k/a Jay M. Baker 14 East Street Mt. Holly Springs, P A 17065 Sale Date: Buyer: Bid Price: September 7, 2005 Thomas Case $65,800.00 Real Debt: Interest: Attorney Costs: $59,088.42 1,233.17 139.88 Total: $60,461.47 DISTRIBUTION: Receipts: Cash on account (06/1 0/2005): Cash on account (09/07/2005): Cash on account (09/22/2005): $ 1,500.00 10,000.00 58,796.60 Total Receipts: $70,296.60 Disbursements: Sheriffs Costs Legal Search State Transfer Tax Local Transfer Tax Mabel Satteson, Tax Collector Mt. Holly Springs Borough Attorney Terrence McCabe Mortgage Electronic Registration Systems, Inc. Citifinancial Inc. $ 2,397.63 400.00 640.30 640.30 1,039.96 289.84 1,500.00 60,461.47 2,927.10 Total Disbursements: ($70,296.60) Balance for distribution: 0.00 So Answers: c~~ R. Thomas Kline Sheriff '. SCHEDULE OF DISTRIBUTION SALE NO. 56 Date Filed: October 7,2005 Writ No. 2005-1196 Civil Term Mortgage Electronic Registration Systems, Inc. VS Jay Baker a/k/a Jay M. Baker 14 East Street Mt. Holly Springs, P A 17065 Sale Date: Buyer: Bid Price: September 7, 2005 Thomas Case $65,800.00 Real Debt: Interest: Attorney Costs: $59,088.42 1,233.17 139.88 Total: $60,461.47 DISTRIBUTION: Receipts: Cash on account (06/10/2005): Cash on account (09/07/2005): Cash on account (09/22/2005): $ 1,500.00 6,580.00 58,796.60 Total Receipts: $66,876.60 Disbursements: Sheriffs Costs Legal Search State Transfer Tax Local Transfer Tax Mabel Satteson, Tax Collector Mt. Holly Springs Borough Attorney Terrence McCabe Mortgage Electronic Registration Systems, Inc. $ 2,397.63 400.00 640.30 640.30 1,039.96 289.84 1,500.00 59,968.57 Total Disbursements: ($66,876.60) Balance for distribution: 0.00 So Answers: ~~~.r</~ R. Thomas Kline Sheriff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-1196 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONICS REGISTRATION SYSTEMS,INC., Plaintiff (s) From JAY BAKER AlK/A JAY M. BAKER (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) 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 $59,088.42 L.L. $.50 Interest FROM 5/4/05 - 917/05 - $1,233.17 AT $9.71 PER DIEM Atty's Comm % Due Prothy $1.00 Atty Paid $139.88 Plaintiff Paid Other Costs Date: MAY 25, 2005 CURTIS R. LONG (Seal) pwtho2 {! ~ -fu': ~~ . /l/ZLl ~ Deputy REQUESTING PARTY: Name TERRENCE J. MCCABE, ESQUIRE Address: 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 Real Estate Sale #56 On June 10, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Mt. Holly Springs Borough, Cumberland County, PA Known and numbered as 14 East Street, Mt. Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 10, 2005 ByJe({4\SJ~~ Real Estate Deputy (1C' '.? '1:1 .... cJ CJ z rm SDOZ '" U i".v,i ,j 1\ .::! :::lId " - -~ ( - j _,. ,,,' i _~< ~ ~ ,;=' c;:::> ~v ~. ,....." j---~ \>>.-.,;. ., TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECf TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACfORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 56 Held Wednesday, September 7, 2005 Date: September 7, 2005 TAXES: Receipts for all taxes for the years 2002 to 2004 inclusive. Taxes for the current year 2005. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIP AL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2005, and recorded , 2005, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Leanna C. Baker, by deed dated November 29, 2004 and recorded December 1, 2004 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania, in Deed Book 266, Page 2460, granted and conveyed to Jay M. Baker. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbeds of East Street, South Street, and a public alley. 6. Mortgage in the amount of $52,900.00 given by Jay. M. Baker and Leanna C. Baker to Equifirst Corp., dated November 15,2001, recorded November 20,2001 in Mortgage Book 1739, page 2793. Said mortgage was assigned to Mortgage Electronic Registration Systems, Inc., by instrument recorded February 8,2002, in Miscellaneous Record Book 684, Page 2919. Complaint in mortgage foreclosure filed by Mortgage Electronic Registration Systems Inc., as Plaintiff against Jay Baker as Defendant on March 7, 2005, in the Office of the Prothonotary of Cumberland County to File No. 2005-1196. Judgment in the amount of $59,088.42 entered May 5, 2005. 7. Mortgage in the amount of $18,285.00 given by Jay M. Baker and Leanna C. Baker to CitiFinancial, Inc., dated February 12, 2004 recorded February 17, 2004 in Mortgage Book 1854, Page 908. 8. Satisfactory evidence to be produced that proper notice was given to the following lien holders intended to be divested by Sheriffs Deed recorded in Deed Book 241, Page 414: (a) Mortgage ion the amount of $23,100 given by Alfred C. Sheaffer and Ovetta L. Sheaffer, dated May 21, 1998 and recorded May 29, 1998 in Mortgage Book 1456, Page 935. (b) Municipal liens entered by the Borough of Mt. Holly Springs as Plaintiff against Alfred C. Sheaffer and Ovetta L. Sheaffer as Defendants in the Office of the Prothonotary of Cumberland County as follows: 1. 2000-5177 in the amount of $36.25 2. 2000-5643 in the amount of $18.12 3. 2000-6444 in the amount of $22.50 4. 2000-7451 in the amount of $8.00 9. Satisfactory evidence to be produced proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriffs Sale. 10. Real estate taxes accruing on and after January 1, 2006 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act S8 of 1997, nor has any search been made for environmental liens in Federal District Court. ~-~, Robert G. Frey, Agent Note: This Title Report shall not be valid mding until countersigned by an authorized signatory. . . REAL ESTATE SALE NO. 56 Writ No. 2005-1196 Civil Mortgage Electronic Registration Systems Inc. vs. Jay Baker. alk/a Jay M. Baker Atty,: Terrence McCabe TRACT NO. I: ALL TIIAT CERTAIN tract of land with the improvements thereon erected situate In the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pipe at comer of lands of J.W. Odell and edge of East Street: thence South 39 degrees 22 minutes East. a dis- tance of 50 feet along edge of East Street to a stake on the edge of said street: thence South 49 degrees 51 minutes 20 seconds West. a dis- tance of 90 feet along South Street to a stake and corner of lands of Norman D. Kuhn, et ux; thence North 39 degrees 22 minutes West. a distance of 50 feet along lands of Norman D. Kuhn, et ux, to a stake and comer of lands of Norman D. . Kuhn, et ux. and lands of J.W. Odell: thence North 49 degrees 51 minutes 20 seconds East. a distance of 90 feet along lands of J .W. Odell . to an iron pipe at the edge of East ' Street and comer of lands of J.W. Odell and place of beginning. HAVING thereon erected a two- story frame house: said description being in accordance with survey of: Thomas A. Neff, RS.. dated Octo- ' ber 14. 1966. TRACT NO.2: ALL THAT CERTAIN tract of land, situate In the Borough of Mount Holly Springs, Cumberland County, Pennsylvania. bounded and de- scribed as follows, pursuant to a survey by Thomas A. Neff. R.S.. on October 14, 1966. BEGINNING at a stake. the in- tersection of the Northern line of South Street and the Eastern line of a public alley; thence by the East- ern line of said alley, North 39 de- grees 22 minutes West 50 feet to a stake; thence by land now or for- merly of J.W. Odell, North 49 de- grees 51 minutes 20 seconds East 87.81 feet to a stake; thence South 39 degrees 22 minutes East 50 feet to a stake on the Northem line of South Street: thence by the North- ern line of said street. South 49 degrees 51 minutes 20 seconds West 87.81 feet to the place of be- ginning. Tax Parcel #23-32-2:336-113, BEING known as 14 I~ast Street. Mt. Holly Springs, PA 17065. 4 TRACT NO.1: ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Borough of Mount Holly Springs, Cumberland County, pennsylvania, bounded and described as follows: BEGINNING at an iron pipe at corner of lands of J.W. Odell and edge of East Street; thence South 39 degrees 22 minutes East, a distance of 50 feet along edge of East Street to a stake on the edge of said street; thence South 49 degrees 51 ITlinutes 20 seconds West, a distance of 90 feet along South Street to a stake and corner of lands of Norman D. Kuhn, et ux; thence North 39 degrees 22 minutes West, a distance of 50 feet along lands of Norman D. Kuhn, et ux, to a stake and corner of lands of Norman D. Kuhn, et ux, and lands of J.W. Odell; thence North 49 degrees 51 minutes 20 seconds East, a distance of 90 feet along lands of J.W. Odell to an iron pipe at the edge of East Street and corner of lands of J.W. Odell and place of beginning. HAVING thereon erected a two-story frame house; said description being in accordance with survey of Thomas A. Neff, R.S., dated October 14, 1966. TRACT NO.2: ALL THAT CERTAIN tract of land, situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows, pursuant to a survey by Thomas A. Neff, R.S., on October 14, 1966. BEGINNING at a stake, the intersection of the Northern line of South Street and the Eastern line of a public alley; thence by the Eastern line of said alley, North 39 degrees 22 minutes West 50 feet to a stake; thence by land now or formerly of J.W. Odell, North 49 degrees 51 minutes 20 seconds East 87.81 feet to a stake; thence South 39 degrees 22 minutes East 50 feet to a stake on the Northern line of South Street; thence by the Northern line of said street, South 49 degrees 51 minutes 20 seconds West 87.81 feet to the place of beginning. Tax Parcel #23-32-2336-113 BEING known as 14 East Street, Mt. Holly Springs, PA 17065. f f h'\ ~I.t 'Ii II '. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 1910~ (215) 790-1010 Attorney for Plaintiff Mortgage Electronics Registration Systems, Inc. Cumberland County Court of Common Pleas v. Jay Baker a/k/a Jay M. Baker Number 05-1196 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Jay Baker, a/k/a Jay M. Baker 7 Pine Road, Apt. 104 Mt. Holly Springs, PA 17065 Your house (real estate) at 14 East Street, Mt. Holly Springs, PA 17065 (more fully described as attached) is scheduled to be sold at Sheriff's Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $59,088.42 obtained by mortgagee against you. 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: 1. The sale will be canceled if you pay to mortgagee the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. '. ~ 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 the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 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 on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 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 a 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 real estate. A schedule of distribution of the money bid for your real estate 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 schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate 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. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 .. TRACT NO.1: ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pipe at corner of lands of J.W. Odell and edge of East Street; thence South 39 degrees 22 minutes East, a distance of 50 feet along edge of East Street to a stake on the edge of said street; thence South 49 degrees 51 minutes 20 seconds West, a distance of 90 feet along South Street to a stake and corner of lands of Norman D. Kuhn, et ux; thence North 39 degrees 22 minutes West, a distance of 50 feet along lands of Norman D. Kuhn, et ux, to a stake and corner of lands of Norman D. Kuhn, et UX, and lands of J.W. Odell; thence North 49 degrees 51 minutes 20 seconds East, a distance of 90 feet along lands of J.W. Odell to an iron pipe at the edge of East Street and corner of lands of J.W. Odell and place of beginning. HAVING thereon erected a two-story frame house; said description being in accordance with survey of Thomas A. Neff, R.S., dated October 14, 1966. TRACT NO.2: ALL THAT CERTAIN tract of land, situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows, pursuant to a survey by Thomas A. Neff, R.S., on October 14, 1966. BEGINNING at a stake, the intersection of the Northern line of South Street and the Eastern line of a public alley; thence by the Eastern line of said alley, North 39 degrees 22 minutes West 50 feet to a stake; thence by land now or formerly of J.W. Odell, North 49 degrees 51 minutes 20 seconds East 87.81 feet to a stake; thence South 39 degrees 22 minutes East 50 feet to a stake on the Northern line of South Street; thence by the Northern line of said street, South 49 degrees 51 minutes 20 seconds West 87.81 feet to the place of beginning. Tax Parcel #23-32-2336-113 BEING known as 14 East Street, Mt. Holly Springs, PA 17065. .- PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEAL TH OF PENNSYL VANIA 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. ~-=- SWO 29 o AND SUBSCRIBED before me this day of July, 2005 NOT ARI SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5. 2009 REAL ESTATE SALE NO. 56 Writ No. 2005-1196 Civil Mortgage Electronic Registration Systems Inc. vs. Jay Baker, a/k/a Jay M. Baker Atty.: Terrence McCabe TRACT NO.1: ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pipe at corner of lands of J.W. Odell and edge of East Street; thence South 39 degrees 22 minutes East, a dis- tance of 50 feet along edge of East Street to a stake on the edge qf said street; thence South 49 degrees 51 minutes 20 seconds West, a dis- tance of 90 feet along South Street to a stake and corner of lands of Norman D. Kuhn, et ux; thence North 39 degrees 22 minutes West, a distance of 50 feet along lands of Norman D. Kuhn, et ux, to a stake and comer of lands of Norman D. Kuhn, et ux, and lands of J.W. Odell; thence North 49 degrees 51 minutes 20 seconds East, a distance of 90 feet along lands of J,W. Odell to an iron pipe at the edge of East Street and comer of lands of J.W. Odell and place of beginning. HAVING thereon erected a two- story frame house; said description being in accordance with survey of Thomas A. Neff, R.S., dated Octo- ber 14, 1966. TRACT NO.2: ALL THAT CERTAIN tract ofland, situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and de- scribed as follows, pursuant to a survey by Thomas A. Neff, R.S., on October 14, 1966. BEGINNING at a stake, the in- tersection of the Northern line of South Street and the Eastem line of a public alley; thence by the East- em line of said alley, North 39 de- grees 22 minutes West 50 feet to a stake; thence by land now or for- merly of J.W. Odell, North 49 de- grees 51 minutes 20 seconds East 87.81 feet to a stake; thence South 39 degrees 22 minutes East 50 feet to a stake on the Northem line of South Street; thence by the North- ern line of said street, South 49 degrees 51 minutes 20 seconds West 87.81 feet to the place of be- ginning. Tax Parcel #23-32-2336- 113. BEING known as 14 East Street, Mt. Holly Springs, PA 17065. .. . f .. . 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 principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 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 Miscellaneous B ok "M", Volume 14, Page 317. COpy S ALE #56 Sworn to and u CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 PUBLICATION Statement of Advertising Costs # To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 346.94 REAL ESTATE SALE No. 56 Writ No. 2005-1196 Civil Term Mortgage Electronic Registration Systems Inc. Vs Jay Baker alkJa Jay M. Baker Atty: Terrence McCabe DESCRIP110N TRACfNO.1: AIl.. THAT CElUAIN tra~l" of land with the improvements thereon erected sitnate in the ~orongh of Mount Holly Springs, Cnmberland County, Penn-sylvania,bounded and described as follows: BEGINNING at an iron pin at comer of lands of J .W, Odell and edge of East Street; thence South 39 degrees 22 minntes East, a distance of 50 feet along edge of East Street to a stake on the edge of said street; thence South 49 degrees 51 minutes 20 seconds West, a distance of 90 feet along South Street to a stake and comer of lands of Norman D. Kuhn, et nx; thence North 39 degrees 22 minutes West, a distance of 50 feet along lands of Norman D. Kuhn, et nx, to a stake and comer of lands of Norman D. Kuhn, et nx, and lands of J'w. Odell; thence North 49 degrees 51 minutes 20 seconds East, a distance of 90 feet along lands of J. W. Odell to an iron pipe at the edge of East Street and corner of lands of J W. Odell and place of BEGINNING, Having THEREON erected atwo-slo!y frame house; said description being in accordance with survey of Thomas A, Neff,RS.,dated October 14, 1966. TRACfNO.2: AIl.. THAT CElUAIN tract of land, situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described as follows, pursuant to a :!IIfVey by Thomas A. Neff, RS.,on October 14,1966, BEGINNING at a stake ,1he intersection of the Northern line of South Street liIRd the Eastern line of a public alley; thence by the Eastern line of said alley, North 39 degrees 22 minutes West 50 feet to a stake; thence by land now or formerly of J W, Odell, North 49 degrees 51 minutes 20 seconds East 87.81 feet to a stake; thence South 39 degrees 22 minutes East 50 feet in a stake on the Northern line of South Street; thence by the Northern line of )aid street, South 49 degrees 51 minutes 20 seconds West 87.81 feet to the place ofbegioOing. Tax Pan:el" 23-32-2336-113. BEING known as 14 East Street, Mount Holly Springs,PA 17065.