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HomeMy WebLinkAbout05-1806 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ" Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ABN AMRO MORTGAGE GROUP, INe. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO, O$' -1M C-u:LYffu-r] CUMBERLAND COUNTY v. KENNETH J. POLEK HEATHER A. POLEK A/K/ A HEATHER A HRUSKA 1653 LlSBURN ROAD MECHANICSBURG, PA 17055 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 87526 rile #: 87526 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.CO ~ 1692 et seq, (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT, EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME, FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU, YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT, IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT, IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENl"l'SYL VANIA ? ABN AMRO Mortgage Group, Inc. RECEIVED JUL 012005 ~ vs. CIVIL DIVISION NO. 05-1806-Civi1 Term Kenneth J. Polek Heather A. Polek, aik!a Heather A.Hurska ORDER ~ AND NOW, this )~ day of '\ ..{-L~' 2005, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendants, Kenneth J. Polek and Heather A. Polek, aik!a Heather A. Hurska, by: 1. First class mail to Kenneth J. Polek and Heather A. Polek, aik!a Heather A. Hurska at their last known addresses, 5002 Greenwood Circle, Enola, P A 17025, Al15 Fawn Drive, Apt. C, Harrisburg, PA 17112-2812 and P.O. Box 61352, , Harrisburg, PA 17106 and the mortgaged premises located at 1653 Lisburn 'Road, Mechanicburg, PA 17055; and 2. Certified mail to Kenneth J. Polek and Heather A. Polek, aik!a Heather A. Hurska at their last known addresses, 5002 Greenwood Circle, Enola, P A 17025, 4115 Fawn Drive, Apt. C, Harrisburg, PA 17112-2812 and P.O. Box 61352, Harrisburg, PA 17106 and the mortgaged premis(:s located at 1653 Lisburn Road, Mechanicburg, P A 17055. \~.()llQ d-J-W W}YIt~ V\..t.e~ "t--<-t. BY THE COU , MvVllJ,.M\ ~ ~ cAt..k' .{i-- .jnP . t).A..~/uj) !-lW) C:L{c,J", cul~ i;-a J. J~c~ @/ ..;j' E;: tn ;q: .. I::: ~~ ~ }'- :r: '~r-. QQ 60. wO- cE~ I- ~ 1..0 I -' :::> ....., OJ? = ~ ~ -:><< ~)= r;~~ -~ )::J ';->- ','fU) rJz rtidJ ,'Lla... -s a ~~i t~~\ r R~ ~ 'P~\ \ l - L Plaintiff is ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 2, The name(s) and last known addressees) of the Defendant(s) are: KENNETH J. POLEK HEATHER A. POLEK AIKI A HEATHER A HRUSKA 1653 LISBURNROAD MECHANICSBURG,PA 17055 who islare the mortgagor(s) and real owner(s) ofthe property hereinafter described. 3. On 101!512002 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: 1778, Page: 2902, 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 0810JI2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 87526 . 6. The following amounts are due on the mortgage: Principal Balance Interest 07/0112003 through 04/05/2005 (Per Diem $31.42) Attorney's Fees Cumulative Late Charges 10/15/2002 to 04/0512005 Cost of Suit and Title Search Subtotal $218,449.14 20,265.90 1,225.00 181.41 $ 550.00 $ 240,671.45 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0.00 TOTAL $ 240,671.45 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage is more than twenty-four (24) months in arrears. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 240,671.45, together with interest from 04/05/2005 at the rate of $31.42 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG; L1P / I ' ~ 'SJ.h~ By: /slFra~nan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 87526 . ALL THAT CERTAIN tract of land situate in Monroe Township, Cuinberland County, Pennsylvania, more particularly identified as follows: LOT NO. 6 on the Final Subdivision Plan fo~ Lisburn Meadows Estates- South, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 75, Page 128, et. seq., the metes and bounds description tor which lot are as follows: BEGINNING at a point along the southern right-of-way line of Lisburn Road $R 2004 (50 feet right-at-way) on the dividing line of Lot No. 5 and Lot No. 6 of the aforementioned Plan; thence along said Lisburn Road North 72 degrees 58 minutes 28 seconds West a distance of 200.00 feet to a point at the dividing line between Lot No. 6 and Lo~ C of said Plan; thence alon9 said dividing line North 17 degrees 01 minutes 32 seconds East a distance of 406.76 feet to a point; thence South 48 degrees 12 minutes 49 seconds East a distanoe of 17.07 feet to a point; thence North 71 aegrees 49 minutes 51 seconds East a distance of 284.18 feet to a point; thence South 18 degrees 10 minutes 09 seconds East a distance of 102.15 feet to a point on the dividing line of Lot No. 5 and Lot No. 6 of said Plan; thence along said dividing line South 71 degrees 33 minutes 05 seconds West a distance of 197.81 feet to a point on the dividing line ot Lot No. 5 and Lot No. 6 of said Plan; thence along said dividing line South 17 degrees 01 minutes 32 seconds West a distance of 340.00 feet to a point on the southern right-of-way line of Lisburn Road, the point and place of BEGINNING. UNDER AND SUBJECT, NEVRRTaEL2SS, to the conditions, restrictions and easements as noted on the hereinabove mentioned Final Subdivision Plan; AND SUBJECT, FURTHER to the Declaration at Protective Covenants, Conditions, Restrictions and Reservations for Lisburn Meadows Estates- South dated October. 28, 1997, and recorded in the Office of the Recorder of Deeds, aforesaid, in Misc. Book 561, Page 585, including but not limited to: All drainage easements and detention basins applicable to the herein described lot and detailed on said Final Subdivision Plan. BEING the same premises which Kronenberg and Group, a partnership consisting of William M. Kronenberg, Donald A. Group, Donald A. Group, Jr., and Tony D. Group, by their deed dated April 5, 2002, and recorded April 10, 2002, in the Office of the Recorder of Deeds in and eor Cumberland County, Pennsylvania, in Deed Book 251, Page 937, granted and conveyed unto Kenneth J. Polek and Heather A. H~uska, Grantors herein. PREMISES BEING: 1653 LISBURN ROAD. . . VER fFTC A nON KATRINA DUPUY LOAN ADMINSTRATION~ hereby states that he/she is OFFICER of ABN AMRO MORTGAGE CORPORA nON mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best ofhislher knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 1j'-/-{)5 0 (,q p 7'i- U1 ~ In, If( - :c \) ~ ~ ...c -J if( ~ r \J 1:: r o ~ '~',~. Q, :19\ ",~ t :?J \3, V' o\() / "=i '-\\ :'=2"0 >0' ..:3 ~).~J ,-. .:.c... -- .\:~, '.' f~;". \ 'C1 ~ ~ ";'0 \ 0' ::-" {::~~:" r-::\"" ~~;~! ~-/ ~ ..<. ...." -;,:. f";? SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-01806 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS POLEK KENNETH J ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who bing duly sworn according to law, says, that he made a diligent sear hand inquiry for the within named DEFENDANT POLEK KENNETH J twas unable to locate Him in his bailiwick. He therefore returns t e COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , POLEK KENNETH J 1653 LISBURN ROAD MECHANICSBURG, PA 17055 SERVICE WAS ATTEMPTED AT MECHANICSBURG AND ENOLA ADDRESSES. PER POST OFFICE, DEFENDANTS LIVE IN HARRISBURG. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 18.50 5.00 10.00 .00 51.50 so~,__ ..~.~~./:::>"'" //~.. ,,-/ -. ".,...,<:~-"-~--_..--::::.--~~/--' _. ,-- ~ ,." R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 04/14/2005 Sworn and subscribed to before me this ,;< 0 day of /?fM' fI.. cXoo:)"l:.D. 1f/r~Ch~n?:l~~-~'- SHERIFF'S RETURN - NOT FOUND , CASE NO: 2005-01806 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS POLEK KENNETH J ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who bing duly sworn according to law, says, that he made a diligent sear hand inquiry for the within named DEFENDANT POLEK HEATHER A AKA HEATHER A HRUSKA b twas unable to locate Her in his bailiwick. He therefore returns t e COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , POLEK HEATHER A AKA HEATHER A HRUSKA 1653 LISBURN ROAD MECHANICSBURG, PA 17055 SERVICE WAS ATTEMPTED AT MECHANICSBURG AND ENOLA ADDRESSES. PER POST OFFICE, DEFENDANTS LIVE IN HARRISBURG. Sheriff's Costs: Docketing Service Posting Surcharge 6.00 .00 5.00 10.00 .00 21.00 So answers.; .'.' ;> ..--" --,g/=">... /<. .;:;;:.::~. --"'/'~~ . ,-,- /,' R. Thomas Kline Sheriff of Cumberland County .- PHELAN HALLINAN SCHMIEG 04/14/2005 Sworn and subscribed to before me this ';<0 day of ~ ,?(o=s-' A.D. t/(.L." ?I1~Jh~ ,<1 -~ protho&;tary .. P LAN HALLINAN & SCHMIEG, LLP L WRENCE T. PHELAN, ESQ., !D. NO. 32227 F NCIS S. HALLINAN, ESQ., !D. NO. 62695 D NIEL G. SCHMIEG, ESQ., !D. NO. 62205 o E PENN CENTER PLAZA, SUITE 1400 P ILADELPHIA, PA 19103 2 5 563-7000 N AMRO MORTGAGE GROUP, INC. Plaintiff vs. NNETH J. POLEK EA THER A. POLEK KIA HEATHER A. HRUSKA Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County No. 05-1806 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: April 27, 2005 leep, Svc Dept. File# 87526 By: PHELAN HALLINAN & SCHMIEG, LLP .1f.~ .;uv1 F NCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff () ....., C) C;) C ~ -n CJl :x :;J/~ -< I N '"\:-- -' C....) --, W -( ~- SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-01806 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS POLEK KENNETH J ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: POLEK KENNETH J but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On June 9th , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County Postage 18.00 9.00 10.00 36.00 .74 73.74 06/09/2005 PHELAN HALLINAN So .an~wer....' . .~... . .... __>>:~ ) -- ---- .-.-/ ~._-_. j ~... .--- ... /~- - . Th~as Kllne - Sheriff of Cumberland County SCHMIEG Sworn and subscribed to before me this ;:::e day of r ,)1I1l,./ A.D. L~O~~~Y) I A fa&) SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-01806 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS POLEK KENNETH J ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: POLEK HEATHER A AKA HEATHER A HRUSKA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On June 9th , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 06/09/2005 PHELAN HALLINAN So answe~,--7 .~7 ..c-"'- _.~~ .' ~---:::-// ". >./~c> ..//- q?~/r"::~:~ R. Thomas Kline Sheriff of Cumberland County SCHMIEG Sworn and subscribed to before me this Ire day of C.lLu ~ ,;/#{))' A. D . l~{2 fh,tf~.. ~ Prothonotary' In The Court of Common Pleas of Cmnberland County, Pennsylvania ABN AMID Mortgage Group Inc vs. Kenneth J. Polek et al SERVE: Kenneth J. Polek No. 05-1806 civil Now, May.,3,.2005 / .' . , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of DaUJ;hin . COI.mty to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .r~~<~ Sheriff of Cum berland County, P A Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof So answers, Sheriff of County, PA Sworn and subscribed before me this day of , 20_ COSTS SERVICE . MlLEAGE AFFIDAVIT $ $ In The Court of Common Pleas of Cumberland County, Pennsylvania ABN AMID Mortgage Group Inc YS. Kenneth J. Polek et al SERVE: Heather J. Polek aka Heather A. Polek No. 05-1806 civil aka Heather A. Hruska Now, May.3, 2005 , I, SHERIFF OF CUJvfBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r~.~~<~ Sheriff of Cum berland County, P A Affidavit of Service Now, , 20_, at 0' clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE . MILEAGE AFFIDAVIT $ $ @iiitt of tlp~ ~lreJ:iff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 1710 I ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania ABN AMRO MORTGAGE GROUP INC vs County of Dauphin POLEK HEATHER A Sheriff's Return No. 0814-T - -2005 OTHER COUNTY NO. 05-1806 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for POLEK KENNETH J the DEFENDANT named in the within REINSTATED COMPL.MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, June 6, 2005 SEVERAL ATTEMPTS, NO RESPONSE, LEFT NOTES, NO RESPONSE, PAPER HAS EXPIRED Sworn and subscribed to So Answers, JK~~ before me this 7TH day of JUNE, 2005 Sheriff of Dauphin County, Pa. ~A/ By NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1,2006 Deputy Sheriff Sheriff's Costs:$36.00 PD 05/05/2005 RCPT NO 206653 @flit~ llf tlrr ~4exiff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17 101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania ABN AMRO MORTGAGE GROUP INC vs County of Dauphin POLEK HEATHER A Sheriff's Return No. 0814-T - -2005 OTHER COUNTY NO. 05-1806 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for POLEK HEATHER A A/K/A HRUSKA HEATHER A the DEFENDANT named in the within REINSTATED COMPL.MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, June 6, 2005 SEVERAL ATTEMPTS, NO RESPONSE, LEFT NOTES, NO RESPONSE, PAPER HAS EXPIRED. Sworn and subscribed to So Answers, :;K~~ before me this 7TH day of JUNE, 2005 Sheriff of Dauphin County, Pa. ~ By NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1,2006 Deputy Sheriff Sheriff's Costs:$36.00 PD 05/05/2005 RCPT NO 206653 , PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 COURT OF COMMON PLEAS CIVIL DIVISION ATTORNEY FOR PLAINTIFF Plaintiff TERM NO. ()S; - I f()f.o C~:L~'l v. CUMBERLAND COUNTY KENNETH J. POLEK HEATHER A. POLEK AIK! AREA THER A HRUSKA 1653 LISBURNROAD MECHANlCSBURG, P A 17055 o ~ ~ ~ ""(11-";': IT'l ff' Z~J__ Zl~- ~?i,: ~Cj )>n L..Q NOTICE )>~ You have been sued in court. If you wish to defend against the claims set forth in~e following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 :I> -0 :::u I 0"\ o " ~::n me- "8 ::0, 00 ~-ll 0:I! -,0 ~m 8 e _0 -< -0 :J:: N We nerao\! cermy me within to be a true and correct copy the oriRinai filed of record FE;"ERMAN AND PHEt.AN TRUE copy FROM RECOPD 1ft T",..tirl'lUtlf"'h'5~(jt, I tl6f<J un..'O ser Ill\' t~..,r '- ;:l~~"";~~ \ AlTORNEY fill:: t,;UPY '\. FlEASE RETUR~.I File #: 87526 . PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227. FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ABN AMRO MORTGAGE GROUP, INC. 7159CORKLANDRNE JACKSONVILLE, FL 32258-4455 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY v. KENNETH J. POLEK HEATHER A. POLEK NKJ A HEATHER A HRUSKA 1653 LISBURN ROAD MECHANICSBURG, PA 17055 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 87526 File #; 87526 IF TIllS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TIllS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 2. The name(s) and last known address(es) ofthe Defendant(s) are: KENNETH J. POLEK HEATHER A. POLEK NKlA HEATHER A HRUSKA 1653 LISBURN ROAD MECHANICSBURG, P A 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/15/2002 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: 1778, Page: 2902. 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 08/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 87526 6. The following amounts are due on the mortgage:. Principal Balance Interest 07/01/2003 through 04/05/2005 (per Diem $31.42) Attorney's Fees Cumulative Late Charges 10/15/2002 to 04/0512005 Cost of Suit and Title Search Subtotal $218,449.14 20,265.90 1,225.00 181.41 $ 550.00 $ 240,671.45 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0.00 TOTAL $ 240,671.45 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage is more than twenty-four (24) months in arrears. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 240,671.45, together with interest from 04/05/2005 at the rate of$31.42 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELANH~AN &,SSI~ By: /slFra~an LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 87526 ALL THA~ CERTAIN tract of land situate in Monroe Township, Cumberland County, Pennsylvania, more particularly identified as follows: LOT NO. 6 on the Final Subdivision Plan fo~ LiSburn Meadows Estates- South, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 75, Page 128, et. seq., the metes and bounds description for which lot are as follows: BEGINNING at a point along the southern right-of-way line of Lisburn Road SR 2004 (50 feet right-of-way) on the dividing line of Lot No. 5 and Lot No. 6 of the aforementioned Plan; thence along said Lisburn Road North 72 degrees sa minutes 28 seconds West a distance of 200.00 feet to a point at the dividing line between Lot No. 6 and Lot C of said Plan; thence along said dividing line North 17 degrees 01 minutes 32 seconds East a distance of 406.76 feet to a point; thence South 48 degrees 12 minutes 49 seconds East a distance of 77.07 feet to a point; thence North 71 degrees 49 minutes Sl seconds East a distance of 284.18 feet to a point; thence South 18 degrees 10 minutes 09 seconds East a distance of 102.15 feet to a point on the dividing line of Lot No. 5 and Lot No. 6 of said Plan; thence along said dividing line South 71 degrees 33 minutes 05 seconds West a distance of 197.81 feet to a point on the dividing line of Lot No. 5 and Lot No. 6 of said Plan; thence along said dividing line South 17 degrees 01 minutes 32 seconds West a distance of 340.00 feet to a point on the southern right-of-way line of Lisburn Road, the point and place of BEGINNING. UNDER AND SUBJECT, NEVERrHELESS, to the conditions, restrictions and easements as noted On the hereinabove mentioned Final Subdivision Plan; AND SOBJECT, FURTHER to the Declaration of Protective Covenants, Conditions, Restrictions and Reservations for Lisburn Meadows Estates- South dated October. 28, 1997, and recorded in the OffiCe of the Recorder of Deeds, aforesaid, in Misc. Book 561, Page 585, including but not limited to: All drainage easements and detention basins applicable to the herein described lot and detailed on said Final Subdivision Plan. BEING the same premises which Kronenberg and Group, a partnership consisting of William M. Kronenberg, Donald A. Group, Donald A. Group, Jr., and Tony D. Group, by their deed dated April 5, 2002, and recorded April 10, 2002, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 25l, Page 937, granted and conveyed unto Kenneth J. Polek and Heather A. H~uska, Grantors herein. PREMISES BEING: 1653 LISBURN ROAD. , . VF.RTFIC'ATTON KATRINA DUPUY LOAN ADMINSTRATION hereby states that he/she is OFFICER of ABN AMRO MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best ofhislher knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: !i-!~()5 LS :8 \1 t - A\lW ~OOl ('I ", ',~; ...." "i.! ,'i"~E<nJ lid 'AWi;!):::II.'j J'1':Y:iJ.:J(j .:J.:lIB3HS :J . _ ."L . , , ,.,\ '-. 1,,;.,- _ .. f!~ <-L...., r-"" ./:>0 ~ . -. ':, ft:Ji ~ ~I! .(..~ ~! o ),.; g i~lC Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff ABN AMRO Mortgage Group, Inc. COURT OF COMMON PLEAS CIVIL DIVISION vs. Cumberland COUNTY Kenneth J. Polek Heather A. Polek, aIkIa Heather A. Hurska NO. 05-1806-Civil Term MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LL.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant, Kenneth J. Polek and Heather A. Polek, aIkIa Heather A. Hurska, by first class mail and certified mail to their last known addresses, 5002 Greenwood Circle, Eno1a, PA 17025, 4115 Fawn Drive, Apt. C, Harrisburg, P A 17112-2812 and P.O. Box 61352, Harrisburg, PA 17106 and mortgaged premises, located at 1653 Lisbum Road, Mechanicburg, PA 17055, and in support thereof avers the following: 1. Attempts to serve Defendants, Kenneth J. Polek and Heather A. Polek, aIkIa Heather A. Hurska, with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve.the Defendants at the mortgaged premises, 1653 Lisbum Road, Mechanicburg, P A 17055 and 5002 Greenwood Circle, Enola, P A 17025. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", the Defendants are living iin Harrisburg, PA. 2. The Sheriff of Cumberland County deputized the Sheriff of Dauphin County for service at 4115 Fawn Drive, Apt. C, Harrisburg, PA 17112-2812. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "B", the Sheriff made numerous attempts and left call back cards however there was no response. 3. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable Investigation setting fi)rth the specific inquiries made and the results is attached hereto as Exhibit "C". 4. Plaintiff has reviewed its internal records and has not been contacted by the Defendants as of June 27, 2005 to bring loan current. 5. Plaintiff submits that it has made a good faith effort to locate the defendants, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to PaRC.P. 430 directing service of the Complaint by lirst class mail and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. BY:~~ Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: June 27, 200~ Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff vs. COURT OF COMMON PLEAS CIVIL DNISION Cumberland COUNTY NO. 05-1806-Civi1 Term ABN AMRO Mortgage Group, Inc. Kenneth J. Polek Heather A. Polek, a/k!a Heather A. Hurska MEMORANDUM OF LAW Pa. R.c.P. 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the natun: and extent of the investigation, which has been made to determine the where'abouts of the defendant and the reasons why service cannot be made. Note: A Sheriff's return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notic'~ of intended adoption mailed to last known address requires a good faith effort to discover the correct address," Adootion of Walker, 468 Pa. 165,360 A,2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Jnfonnation Act, 39 C.F.R Part 265, (2) inquiries of relatives neighbors, mends and -employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local taX records, and motor vehicle records. As indicated by the attached Sheriffs Return of S,~rvice, attached hereto and marked as Exhibit "A" and "B", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendants has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "cn. WHEREFORE, Plaintiff respectfully requests tllis Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service ofthe Complaint by tirst class mail and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. ~;e::> By: :::-- Daniel G. Schmieg, Esquire Attorney for Plainliff Date: June 27, 2005 SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-0l806 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS POLEK KENNETH J ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT POLEK HEATHER A AKA HEATHER A HRUSKA but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , POLEK HEATHER A AKA HEATHER A HRUSKA l653 LISBURN ROAD MECHANICSBURG, PA 17055 SERVICE WAS ATTEMPTED AT MECHANICSBURG AND ENOLA ADDRESSES. PER POST OFFICE, DEFENDANTS LIVE IN HARRISBURG. Sheriff's Costs: Docketing Service Posting Surcharge 6.00 .00 5.00 10.00 .00 21.00 so~~~- R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 04/14/2005 Sworn and subscribed to before me this day of A.D. Prothonotary nf"Z (, SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-01806 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS POLEK KENNETH J ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT POLEK KENNETH J but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , POLEK KENNETH J l653 LISBURN ROAD MECHANICSBURG, PA 17055 SERVICE WAS ATTEMPTED AT MECHANICSBURG AND ENOLA ADDRESSES. PER POST OFFICE, DEFENDANTS LIVE IN HARRISBURG. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 18.50 5.00 10.00 .00 51.50 S~~ R. Thoma5l line Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 04/14/2005 Sworn and subscribed to before me this day of A.D. Prothonotary R. THOMAS KUNE Sheriff - l:" .~q-o. ~ ~/~ l~ 'Eo r- _~.' 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PO/eX ( :k.v-;k~- LastKnownAddress: <::;"00;) Grec,"I WMt) c,\w~ c^"l"'l fJ 4 I certiiY tbeaddress information forthis individual is required for the performance of this agency's official duties. . . . . .--. .$b~{-~ . . . (i ature of ig~~~i;,l) . - . P,;F7 sicr-,t/$ (TItle. . . . To: Postmaster tNJlp.. . () MAlL IS DELIVERED TO ADDRESS GIVEN () NOT KNOWN AT ADDRESS GIVEN o MOVED, LEFT NO FORWARDlNG ADDRESS () NO SUCH ADDRESS ( ) OTHER (SPEClFY): FOR POST OFFICI!: USE ONLY '~ . . / '~\:;.;ADDRESS c:-~~~?j: \ /ulcJUJ iJJ.~.'i.' 'i) (..r,<",l. ... \' .. "Q.- .. BOXHOL:DER'S STREET ADDRESS . . Agency Return Address PostrnarkIDate Stamp Addre.s Information Req~est (Req~ired Format).. ExhibiI352.44b .. dl/J. J 'J n_. IJ-. I If' . Wt. L. . II<L~ jJ~ /J,-,,:,vvVV'-''P--a 1"0 iflj5 F~ DIL J1pJ ~ 106vr-- U> /36~:L- JI...fn.. dLJ /7 CI 9Ib::. . ~~ . /7/0& " 0 rr., lid- -,;)(f :i.- '{ - Q 1* SHERIFF'S RETURN - OUT OF COUNTY .",. . CASE NO: 2005-01806 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS POLEK KENNETH J ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: POLEK KENNETH J but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE 9th , 2005 , this office was in receipt of the On June attached return from DAUPHIN Sheriff's Costs: So Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 36.00 Postage .74 73.74 06/09/2005 PHELAN HALLINAN SCHMIEG Sworn and subscribed to before me day of \0 ~~1S~ this A.D. Prothonotary In The Court of Common Pleas of Cumberhmd County, Pennsylvania ABN AMro Mortgage Group Inc VS. Kenneth J. Polek et al SERVE: Kenneth J. Polek No. 05-1806 civil Now, May", 3,.2005 ./ :" , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin . County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r~';: ~<:~. Sheriff of Cum berland County, P A Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE . MILEAGE AFFIDAVIT $ $ @ffire of tlp.~ ~4e:t~iff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 1710 I ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania ABN AMRO MORTGAGE GROUP INC vs County of Dauphin POLEK HEATHER A Sheriff's Return No. 0814-T - -200S OTHER COUNTY NO. OS-1806 I, Jack Lotwick, Sheriff of the County of Dcmphin, State of Pennsylvania, do hereby certify and return, trult I made diligent search and inquiry for POLEK KENNETH J the DEFENDANT named in the within REINSTATED C0!1PL.MORTGAGE FORECLOSURE and that I am unable to find him/her in the Cotmty of Dauphin, and therefore return same NOT FOUND, June 6, 2005 SEVERAL ATTEMPTS, NO RESPONSE, LEFT NOTES, NO RESPONSE, PAPER HAS EXPIRED Sworn and subscribed to So Answers, Jf~ before me this 7TH day of JUNE, 2005 Sheriff of Dauphin County, Pa. ~A/ By NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire. Dauphin County My Commission Expires Sept 1, 2006 Deputy Sheriff Sheriff's Costs:$36.00 PD 05/05/2005 RCPT NO 206653 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-0l806 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS POLEK KENNETH J ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: POLEK HEATHER A AKA HEATHER A HRUSKA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, pennsylvania, to serve the within COMPLAINT - MORT FORE 9th , 2005 , this office was in receipt of the On June attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 06/09/2005 PHELAN HALLINAN ~;~~ R. Thomas Kline Sheriff of Cumberland County SCHMIEG Sworn and subscribed to before me this day of A.D. Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania ABN AMRa Mortgage G:roup Inc VS. Kenneth J. Polek et al SERVE: Heather J. Polek aka Heather A. Polek No. 05-1806 civil aka Heather A. HnIska Now, May., 3, 2005 .; ., . , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r~{: u<~ Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made Imown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this_day of ,20_ COSTS SERVICE. MILEAGE AFFIDAVIT $ $ @ffit~ of tqe ~4eriff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania ABN AMRO MORTG.1\.GE GROUP INC vs County of Dauphin POLEK HEATHER .A. Sheriff's Return No. 081.4-T - -2005 OTHER COUNTY NO. 05--1806 I, Jack Lotwick, Sheriff of the County O'f Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for POLEK HEATHER A A/K/A HRUSKA HEATHER A the DEFENDANT named in the within REINSTATED CO~[PL.MORTGAGE FORECLOSURE and that I am unable to' find him/her in the County of Dauphin, and therefO're return same NOT FOtnlD, June 6, 2005 SEVERAL ATTEMPTS, NO RESPONSE, LEFT NOTES, NO RE:SPONSE, PAPER HAS EXPIRED. Sworn and subscribed to' So Answers, Jf~ before me this 7TH day of JUNE, 2005 Sheriff of Dauphin County, Pa. ~A/ By NOT ARlAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2006 Deputy Sheriff Sheriff's Costs:$36.00 PD 05/05/2005 RePT NO 206653 FORECLOSURE REVIEW SERVICI,S, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION FHLMC SKIP TRACE File Number: 87526 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Kenneth Polek and Heather Polek Current Address: 1653 Lisburn Road, Mechanicsburg, PA 17055 Property Address: 1653 Lisburn Road, Mechanicsburg, P A 17055 Mailing Address: 1653 Lisburn Road, Mechanicsburg, P A 17055 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Kenneth Polek -164-66-1600 Heather Polek - not available B. EMPLOYMENT SEARCH Kenneth Polek and Heather Polek - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Kenneth Polek and Heather Polek reside(s) at: 1653 West Lisburn Road, Mechanicsburg, PA 170.55. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 6/17/05 our office contacted directory assistance, which could not provide an address or phone number for Kenneth Polek and Hleather Polek. III. INQUIRY OF NEIGHBORS On 6/17/05 our office attempted to contact Dominick Gora, at 1646 West Lisburn Road, Mechanicsburg, PA 17055: spoke with an unidentified individual who could not confirm or deny that the subjects reside(s) at 1653 Lisburn Road, Mechanicsburg, PA 17055. Using our White Pages data base our office was unable to locate any additional neighbors of 1653 West Lisburn Road, Mechanicsburg, PA 17055. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 6/17/05 we reviewed the National Address database and found the following information: Kenneth Polek and Heather Polek-1653 West Lisburn Road, Mechanicsburg, PA 17055. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: 1653 West Lisbum Road, Mechanicsburg, PA 17055. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the P A Department of Motor Vehicles, we were unable to obtain address information on Kenneth Polek and Heather Polek. VI. OTHER INQUIRIES A. DEATH RECORDS As of 6/17/05 Vital Records and all public databases have no death record on file for Kenneth Polek and Heather Polek. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Kenneth Polek and Heather Polek residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Kenneth Polek - 9/1970 Heather Polek - not available B. AKA. Kenneth J. Polek and Heather A. Polek * All accessible public databases have been check.~d and cross-referenced for the above named individual(s). * Please be advised all database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I herby verify that the statements made herein are brue and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to urlswom falsification to authorities. /;7____ , ?r? ttcJv~ COMMONWEAJ.;TH OF PENNSYLVANIA NOTARiAL SEAL HY Ar\ p G;~\L v;r'J, Notary Public City of I'hiladalphia, Ph,;a. County My CommiSSion Expires December 21, 2008 AFFIANT - Brendan Booth Foreclosure Review Services, Inc. Swam to and subscribed before me this 17th day of June 2005. The above information is obtained from available public records JEM and we are only liable for the cost of the affidavit. VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information andl belief. The undersigned understands that the statements madle are subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. B~~ D~~nieg, Esquire Attorney for Plaintiff Date: June 27, 2005 (") c ....., <=> ""' <Oft <- ..:.:: :;e W CJ -u ~ ~ :i!, :tl ["1.- -o(!.\ :0.... 0(:) :7;t-,. ...,-,",) (){"') h,,"> {'-I -"':t ::.". ':0 '< en W PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-1000 ABN AMRO MORTGAGE GROUP, INC. COURT OF COMMON PLEAS Plaintiff CNIL DNISION vs. CUMBERLAND County KENNETHJ.POLEK No. 05-1806 HEATHER A. POLEK A/K/A HEATHER A. HRUSKA Defendants PRAECIPE TO REINSTATE CIVIL ACTIONIMORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP BY:::],<. , 5./112 - . FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: June 23. 2005. /jrnr, Svc Dept. FiJe# 81526 g :2:-, -00, f"fin' ~t~ {.f).,~: :::<...;; c,... <- "~?~ Z~, ....c: ~ -< ~ ~ E': ;;z: (.0) c::> ~ \\ "'" 6~ ::t: 5(11 - "" ., ~ eft ~ v.:> ------ Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at SubUIban Station 1617 JohnF. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney fbr Plaintiff ABN AMRO Mortgage Group, Inc. COURT OF COMMON PLEAS CIVIL DIVISION Vs. Cumberland COUNTY Kenneth J. Polek Heather A. Polek, aIkIa Heather A. Hurska NO. 05-1806-Civil Tenn CERTIFICATION OF SERY!Qj; I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the foregoing Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individuals as indicated below by first class mail, postage prepaid, on the date listed below. Kenneth J. Polek and Heather A. Polek, aIkIa Heather A. Hurska at: 1653 Lisburn Road, Mechanicburg, PA 17055 5002 Greenwood Circle, Enola, P A 17025 4115 Fawn Drive, Apt. C, Harrisburg, PA 17112-2812 P.O. Box 61352, Harrisburg, PA 17106 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. B~~~ Daniel G. S(:hmieg, Esquire Attorney for Plaintiff Date: June 27, 2005 (? C -;; -T)t~ nlr'':~, ~Sr~' ~;-:,^. ~L_ ~v. . ~~C; :J>C Sj '" = = en c.... c:: z ~ -l ffi:n Hi ~~ :'i:!=H 0- :z:0 om ~ ~ "" c:> .." :J:: - .. <.n en 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 (2IS) 563-7000 ABN AMRO MORTGAGE GROUP, INC. Plaintiff vs. KENNETH J. POLEK HEATHER A. POLEK, AlKJA HEATHER A. HURSKA Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DrvISION CUMBERLAND County No. 05-1806 PRAECIPE TO REINSTATE CIVIL ACTIONIMORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: Julv 12.2005 Ibwh, Svc Dept. File# 87526 PHELAN HALLINAN & SCHMIEG, LLP By: \J l\ {)ffir~ 1'\ (h. \\kD ~ i I'l\rn'l) FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff o c.:,; ....., = = c.r> <- c:: r- +' o -n --I 'X-n n1p -orn 'oy C)Q -.-j-rl , ~l ~~~ ~ -'-- ~. , -0 ::u:: I)? U1 -.J PHELAN HALLINAN & SCHMIEG BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 . , 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (71 'i) 'i61- 7000 Attorney for Plaintiff ABN AMRO MORTGAGE GROUP, INC. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : CUMBERLAND COUNTY KENNETH J. POLEK HEATHER A. POLEK, NKJ A HEATHER A. HURSKA : NO. 05-J806-CIVIL TERM Defendants AFFIDAVIT OF SERVICE OF COMPLAINT BV MAn, PTTRSTT ANT TO C.OTTRT ORnF.R I hereby certifY that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, KENNETH J. POLEK and HEATHER A. POLEK, AlK/A HEATHER A. HURSKA, at 1653 LISBURN ROAD, MECHA.~ICBURG, PA 17055, 5002 GREENWOOD CIRCLE, ENOLA, PA 17025, 4115 FAWN DlUVE, APT. C, HARRISBURG, P A 17112-2812 and P.O. BOX 61352, HARRISBURG, P A 17106 on .Jln ,v 12, 2005, in accordance with the Order of Court dated JULY 5, 20115. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. Date: Tilly 17 700'i 6 oeM'A /\1"', dt. I\~ \ ~fV'() FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff Q ,":-r <-> = = "'" <- s-;:;. , o -n -I :I-n r1lE -em :oy :~:~~~ 8 :...)('~ -:::-:: ,,~i c::> ...-j -',"" :0 -< .r:- -0 =" 1'::> U\ -J - PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA (J)"-/8O<P 88. 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 cou.'1s 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 22, 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. ~ TO AND SUBSCRIBED before me this day of Julv. 2005 N SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, CI~mberland County My Commission E1<pires March 5, 2009 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law Civil Divtsion No. 05-1B06-Clvll Term ,\EN AMRO MORTGAGE GROUP, INC. vs. KENNETH J. POLEK. HEATHER A. POLEK, A/K/A HEATHER A. HURSKA NOTICE TOKENNETHJ. POLEK and HEATH- ERA. POLEK. A/K/A HEATHER A. HURSKA: You are hereby notified that on APRIL 6, 2005. Plaintiff, ABN AMRa MORTGAGE GROUP, INC., filed a Mortgage Foreclosure Complaint en- dorsed with a Notice to Defend. against you in the Court of Common Pleas of CUMBERLAND County. Pennsylvania. docketed to No. 05~ l806-ClVlL TERM. Wherein Plalntiff seeks to foreclose on the mortgage secured on your property located at 1653 USBURN ROAD. MECHAN- ICSBURG. PA 17055 whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complalnt on or before 20 days from the date of this publication or a Judgment w1l1 be entered against you. NOTICE If you wish to defend. you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may pro- ceed without you and a judgment may be entered agamst you without further notice for the relief re- quested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR lAWYER AT ONCE. 11' YOU DO Nar HAVE A LAWYER, GO TO OR TELE:PHONE THE OF- FICE 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 P~:OVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERV- ICES TO ELlGlBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCL\TION 32 South Bedford Street Carllsle. PA 17013 (BOO) 990-9 lOB July 22 3 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoernaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which elate THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) Julv 20, 2005. COPY OF NOTICE OF PUBLICATION NOTICE 01' AC1!OIIItIIIQIITGAq fON;ci.'oiiiiiit-- ----I IN THECO\IRT Of COMMON ",EAS I OF CU..IIRLAND COIItfTY. I c.c:.'m~rt~w I COU~T OF COMMON PLEAS ... CIVIL DIVISION ~BN AMFlO MOATGAGE GROUP, INC. Ve. KENNETH J. POLEK H....THER A. POlEK, MtlA HEATHEJIt A. HURSKA CUMBERLAND COUNTY NO. 05-1806.cIVIL TERM !ll)TII:E TO ..,.NElKJ.PQlEKAND HEATHER A. POLEK. AIKIA HEATHER A. HURSKA: YOU ....'.15S. ~.~~~. '~r=~:1=EIo ."~. "'CQmmonPw.!lfCUMURI.AI!!IDCOUI1I,-,; .. .. ...... .. to,.,a&,UIlIMilllllt:d'EIlM,WhoNln__tlI. . .......yourJlR>PeFlY....bId at 1Ill8LISBURN.' f i ..J'A 17lJ1!5 w_upon,..r pI'Openy woulel b"old by COunIJ' ,...... .,'>."-".: ".,;-, ',"', .... ."..,:'x'",.. ........:...:...._......,. .. _;"0,. .. ,', "", "","':". Y""....,......-.. pIollflo Neov.....r-Coonplalnt Oft or_1O _~.da"1II111ts..-... or.. JudgemaliIw'M be entered against you. MOTleI! .w'" ... ..' k **~=ATONOI,IFVOO~NO~ 1~~~~S~I1li'N':r.c IF. APPON! m-. A't.AW'fElIl. _OFFICE MAY BE ABLE TO YQII WITH'IIIFOI!IIIIIiiT\Oll'QO\J1r AGENCIES THAT MAY OPFER LEGAL SElIIVlCES TO ELIQltIlE PllflSONe AT A REDUCED FEE OR NO fEE. CUMIIEIl~COUNTV LAWVEJIt'I!EFEl'lRA!. SERVICE CUMBE:ll~=7,Rt~IAT1ON '"' CARLISLE. PA 17013 (800) 990-9108 Affiant further deposes that he/ she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of 5:;:;jA~ Sworn to and subscribed before me this 20th day of July, ~005, ~AAJ 1~t~ My commission expires: q 1/ ItJi' COMMONWEALTH OF PENNSYLVANIA ~ Notalial Seal Chnstina L.. Wdfe. Notary Public Carlisle Boro. Cumber1and County My G<lmmisslOO Expires Sepl1, 2008 Member. Pennsylvani13 Association Of Notaries o <;:~ ~- ...' C",,":I '3'- r::. c;, ..- <:P ...." ~ \' ~ Q, -' -;J:- -D t"\"'\~. _n\f"\ <~:: \::(1 Si~~.~}~ <~.<.:O) /,:-("\\ \-1 ,~ ~ <.;? r-' .r;:.- - 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., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-1806 KENNETH J. POLEK HEATHER A. POLEK A/KJA HEATHER A. HRUSKA 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 KENNETH J. POLEK and HEATHER A. POLEK A/K/A HEATHER A. HRUSKA, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 4/6/05 to 9/2/05 TOTAL $240,671.45 $4,713.00 $245,384.45 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. t.......---.. DAMAGES ARE HEREBY ASSESSED AS INDICATED. 7. ~ DATE: ~,;ubS ~, PRO ROTH IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ABN AMRO Mortgage Group, Inc. RECEIVED JUL 012 Ys. CIVIL DIVISION NO. 05-1806-Civil Term Kenneth 1. Polek Heather A. Polek, alkJa Heather A. Hurska AND NOW. thiS.____~_Od:;:fR 'Sh ~. , 2005, upon - - \ consideration of Plaintiffs .Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is timher ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendants, Kenneth 1. Polek and Heather A. Polck, a!kIa Heather A. Hurska, by: . 1. First class mail 10 Kenneth J. Polek and Heather A. Polek, a!kIa Heather A. Hurska at their last knO\Vll addresses, 5002 Greenwood Circle, Enola, P A 17025, ~4115 Fawn Dri~e, Apt. C, Harrisburg, PA 17112-2812 and P.O. Box 61352, Harrisburg, PAl 7106 and the mortgaged premises located at 1653 Lisbum 'Road, Mechanicburg, P A 17055; and 2. Certified mail to Kenneth 1. Polek and Heather A. Polek, a!kIa Heather A. Hurska at their last known addresses, 5002 Greenwood Circle, Enola, PA 17025, 4115 Fawn Drive. Apt. C, Harrisburg, PA 17112-2812 and P.O. Box 61352, Harrisburg, P A 17106 and the mortgaged premises located at 1653 Lisbum Road, Mechanicburg, PA 17055. i i ~ A- \:L4.c.dQ GV/.{..O )-!Z.. S{!.{~) IlQ___ (.;;1 . ' .w C{/l11~.~ [1" \.t.-L'l BY THE COD V~ t.f'l.4.4 ') ~Jt~J\ l LP,-JI-P, \1-.'-- ,.(AJ.J "-'cD I ~t:i) c '~,"J '{~~J;:;U1cO L[~~j JU<1 d2 @( PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (71 'i) 'i()~-7000 ABN AMRO MORTGAGE GROUP, INe. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION Vs. : CUMBERLAND COUNTY KENNETH 1. POLEK HEATHER A. POLEK AJKJ A HEATHER A. HURSKA Defendants : NO. 05-1806 DATE OF NOTICE: AlJf;lJST 12, 2005 'lit ~ ' 'II" TO: KENNETH J, POLEK 1653 LISBURN ROAD MECHANICSBURG, P A 17055 THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN A TIEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT 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 WRITIEN APPEARANCE PERSONALLY OR BY A TIORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MA Y BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MA Y LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (7.1 S) S61-7000 ABN AMRO MORTGAGE GROUP, INC. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY KENNETH J. POLEK HEATHER A. POLEK A!KJ A HEATHER A. HURSKA : NO. 05-1806 Defendants TO: HEATHER A. POLEK A/KJA HEATHER A. HURSKA 1653 LISBURN ROAD MECHANICSBURG, PA 17055 DATE OF NOTICE: AUGUST 12, 2005 THIS FIRM IS A DEBT COLLECTOR A TIEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN A TIEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY lNFORMA TION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT 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 APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (7.1 S) S()~-7000 ABN AMRO MORTGAGE GROUP, INe. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DIVISION Vs. : CUMBERLAND COUNTY KENNETH 1. POLEK HEATHER A. POLEK AIKJ A HEATHER A. HURSKA : NO. 05-1806 Defendants TO: KENNETH J. POLEK 5002 GREENS WOOD CIRCLE ENOLA, P A 17025 DATE OF NOTICE: AUGUST 12, 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATIEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT 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 APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (215) 'i(i1-7000 ABN AMRO MORTGAGE GROUP, INe. Plaintiff ATTORNEY FOR PLAINTIFF ; COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY KENNETH J. POLEK HEATHERA. POLEKNKJAHEATHERA. HURSKA : NO. 05-1806 Defendants TO: HEATHER A. POLEK AJKJA HEATHER A. HURSKA 5002 GREENSWOOD CIRCLE ENOLA, PA 17025 DATE OF NOTICE: AllGllST 12,2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNfY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800 )990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 56~-7000 ABN AMRO MORTGAGE GROUP, INe. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION Vs. : CUMBERLAND COUNTY KENNETHJ. POLEK HEATHER A. POLEK AJKJ A HEATHER A. HURSKA : NO. 05-1806 Defendants TO: KENNETH J. POLEK 4115 FAWN DRIVE, APT C HARRISBURG, PA 17112-2812 DATE OF NOTICE: AlTGlTST 12, 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (7.1 '\) '\61-7000 ABN AMRO MORTGAGE GROUP, INC. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DIVISION Vs. : CUMBERLAND COUNTY KENNETH J. POLEK HEATHER A. POLEK NKJ A HEATHER A. HURSKA : NO. 05-1806 Defendants TO: HEATHERA. POLEKAlKJA HEATHER A, HURSKA 4115 FAWN DRIVE, APT C HARRISBURG, P A 17112-2812 DATE OF NOTICE: AUGUST 12,2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TIEMPT 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 APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNfY BAR AS SOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (71 'i) S61-7000 ABN AMRO MORTGAGE GROUP, INe. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY KENNETH J. POLEK HEATHER A. POLEKAlKJAHEATHERA. HURSKA : NO. 05-1806 Defendants TO: KENNETHJ. POLEK P.O. BOX 61352 HARRISBURG, PA 17106 DATE OF NOTICE: AllGllST 12, 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECENED 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 APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (21 ')) ')fil-7000 ABN AMRO MORTGAGE GROUP, INe. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY KENNETH 1. POLEK HEATHERA. POLEK NKJA HEATHERA. HURSKA : NO. 05-1806 Defendants TO: HEATHER A. POLEK AfKJA HEATHER A. HURSKA P.O. BOX 61352 HARRISBURG, PA 17106 DATE OF NOTICE: AHGlJST 12, 2005 THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATIEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT 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 APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF ABN AMRO MORTGAGE GROUP,INC. 7159 CORKLAN DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-1806 KENNETH J. POLEK HEATHER A. POLEK A/KJA HEATHER A. HRUSKA Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant KENNETH J. POLEK is over 18 years of age and resides at, 1653 LISBURN ROAD, MECHANICSBURG, PA 17055. (c) that defendant HEATHER A. POLEK A/KJ A HEATHER A. HRUSKA is over 18 years of age, and resides at, 1653 LISBURN ROAD, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-1806 KENNETH J. POLEK HEATHER A. POLEK AlK/A HEATHER A. HRUSKA Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on Slp+ to 200.s. By: flg~~a; If you have any questions concerning this matter, please contact: '-"-_.._-_.-~'''-,\1 // 1 / 11Jt{~ // D EL G. CHMI , ESQUIRE / Attorney for Plaintiff ' ONE PENN CENTER AT SUBURBA T A TION 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 INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** N (:) "69- C ~ T' --0 ~ t- o - C> ~ - -t: ~ 8 -~ ~ r 0 l"-~ ~ ~ ~ C;;,~J ~.~: c::::) .c:.. ,. .-,'" QS - ~ - (i--:~ <- ~ \ ~ , '- I- e'> r -- --- - ., .r:- r~~ -----....-------- CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 ABN AMRO MORTGAGE GROUP, INC. Plaintiff, v. No. 05-1806 KENNETH J. POLEK HEATHER A. POLEK AIKJ A HEATHER A. HRUSKA Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $245,384.45 / Interest from 9/2/05 to DECEMBER 7, 2005 (per diem -$40.34) $3,872.64 and Costs TOTAL $249,257.09 D IEL G. C G One Penn Center at Su urban Station 1617 John F. Kennedy Boulevard, Sui Philadelphia, P A 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ~::S ~ rJJ o~ U ~ z ~~ ~ == 0 ~ ..... ~>' ~ r-- ~rJJ ~ ~ ZZ ~ ~~ u 0 ~'Qi' OZ ~ ::s~ ~~ ~~ ~ r- ~ O~ ~ ~ o~ ~ ~== o~ UZ riJ ..;< r--~ ~~ c.:l ~ ==~ a~ 00 S ~< ~~ r--U 0 Z~ ~ ~ ~~ ~ ~~ o~ ~~ ~ ~a 8; ~e ~ ~ ~ ~~ ~ ..... U r--~ ~ ~ ~ ~~ ~ U ~ ~ ~ .:,-l ':r- ~\ ~% f ({i 8g ~ bit ~E 5', .,Il,i ~ -:.. -:. K> ~ \J'- ~ ~ \.0 \'<j co r- -- -&,. .' - - ':j- :r -ri \J:) \ 1...\- () ~_"t.- \. ,1 (;;:; ~r> ~ C:J C-.i ..' 0..) () ....--'- -d ~ ..... ~ ~ ~ '-- lOlO lOlO <::><::> r-r- ~~ << ~~ c5 r- ~~ ~~ == rJJrJJ UU .......... ~~ == U ~~ ~~ ~~ ~~ ;J~ == rJJrJJ :s:s ~~ tOtO ~~ ~~ rn rn . Q) '-t3 ~ .g ~ rn Q) .0 ~ S rn b ~ 0.. Q) ~ - '- U ~ ~ -+- c: r ... '- ~ - J- ~ 'i ~ \: () '.J l1) -...9 ~~ ~ - t -=t Ii ( c.J WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1806 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP, INC. Plaintiff(s) From KENNETH J. POLEK and HEATHER A. POLEK A/K/A HEATHER A. HRUSKA, 1653 LISBURN ROAD, MECHANICSBURG P A 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 1653 LISBURN ROAD, MECHANICSBURG PA 17055 (SEE LEGAL DESCRIPTION) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $245.384.45 L.L. $.50 Interest FROM 9/2/05 TO 12/7/05 @ $40.34 PER DIEM = $3,872.64 Atty's Corum % Due Pro thy $1.00 Atty Paid $244.24 Plaintiff Paid Other Costs Date: SEPTEMBER 6, 2005 (7 - ~R~IS R. L (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. Address: ONE PENN CENTER@ SUBURBAN STATION 1617 JFKBLVD., STE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 , t ABN AMRO MORTGAGE GROUP, INC. Plaintiff, v. KENNETH J. POLEK HEATHER A. POLEK AlK/A HEATHER A. HRUSKA Defendant( s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-1806 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) ABN AMRO MORTGAGE GROUP. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .1653 LISBURN ROAD. MECHANICSBURG. PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name KENNETH J. POLEK HEATHER A. POLEK AlK/A HEATHER A. HRUSKA Last Known Address (if address cannot be reasonably ascertained, please indicate) 1653 LISBURN ROAD MECHANICSBURG, PA 17055 1653 LISBURN ROAD MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 11 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ACME FIDUCIARY FUND P.O. BOX 126 SHIPPENSBURG, P A 17257 BENEFICIAL CONSUMER DISCOUNT COMPANY D/B/A BENEFICIAL MORTGAGE CO. OF P A. 4910 CARLISE PIKE MECHANICSBURG, P A 17050 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 1653 LISBURN ROAD MECHANICSBURG, P A 17055 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 of18 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities. September 2, 2005 DATE VV~.-' , SQUIRE a' 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 PHILADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF ABN AMRO MORTGAGE GROUP, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION KENNETH J. POLEK HEATHER A. POLEK AIKI A HEATHER A. HRUSKA NO. 05-1806 Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. /'/ QU~10 ---------... ^~-_..---- r--' :-:::,..; c:;,?- c..r' (/J r";-1 '-',::', I cr' o ---n ::;-1 ffi :G ~':: c; i C,') -il --I "~ - - (~ I'n .t:"' ,..", ,. ABN AMRO MORTGAGE GROUP, INC. Plaintiff, CUMBERLAND COUNTY v. No. 05-1806 KENNETH J, POLEK HEATHER A. POLEK AlKJ A HEATHER A. HRUSKA Defendant( s). September 2, 2005 TO: KENNETH J. POLEK 1653 LISBURN ROAD MECHANICSBURG, PA 17055 HEATHER A. POLEK A/KfA HEATHER A. HRUSKA 1653 LISBURN ROAD MECHANICSBURG, PA 17055 * * THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONI Y ENFORCEMENT OF A LIEN A GAINST PROPERTY. * * Your house (real estate) at .1653 LISBURN ROAD, MECHANICSBURG. PA 17055, is scheduled to be sold at the Sheriffs Sale on DECEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $245,384.45 obtained by ABN AMRO MORTGAGE GROUP, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open th 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. F You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe 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 HA VI 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 sole 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 DESCRIPTION ALL THAT CERTAIN tract of land situate in Monroe Township, Cumberland County, Pennsylvania, more particularly identified as follows: LOT NO.6 on the Final Subdivision Plan for Lisbum Meadows Estates-South, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 75, Page 128, et. seq., the metes and bounds description for which lot are as follows; BEGINNING at a point along the southern right-of-way line of Lisbum Road SR 2004 (50 feet right. of-way) on the dividing line of Lot No.5 and Lot No.6 ofthe aforementioned Plan; thence along said Lisbum Road North 72 degrees 58 minutes 28 seconds West a distance of 200.00 feet to a point at the dividing line between Lot NO.6 and Lot C of said Plan; thence along said dividing line North 17 degrees 0 I minutes 32 seconds East a distance of 406. 76 feet to a point; thence South 48 degrees 12 minutes 49 seconds East a distance of 77 .07 feet to a point; thence North 7 I degrees 49 minutes 51 seconds East a distance of 284.18 feet to a point; thence South 18 degrees 10 minutes 09 seconds East a distance of 102.15 feet to a point on the dividing line of Lot No.5 and Lot No.6 of said Plan; thence along said dividing line South 71 degrees 33 minutes OS seconds West a distance of 197.81 fee to a point on the dividing line of Lot No.5 and Lot No.6 of said Plan; thence along said dividing line South 17 degrees 01 minutes 32 seconds West a distance of340.00 feet to a point on the southern right-of-way line of Lisburn Road, the point and place of BEGINNING. UNDER AND SUBJECT, NEVERTHELESS, to the conditions, restrictions and easements as noted on the hereinabove mentioned Final Subdivision Plan; AND SUBJECT, FURTHER to the Declaration of Protective Covenants, Conditions, Restrictions and Reservations for Lisbum Meadows Estates-South dated October 28, ]997, and recorded in the Office of the Recorder of Deeds, aforesaid, in Misc. Book 561, Page 585, including but not limited to: All drainage easements and detention basins applicable to the herein described lot and detailed on said Final Subdivision Plan. BEING the same premises which Kronenberg and Group, a partnership consisting of William M. Kronenberg, Donald A. Group, Donald A. Group, Jr., and Tony D. Group, by their deed dated April 5, 2002, and recorded April 10, 2002, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 251, Page 937, granted and conveyed unto Kenneth J. Polek and I-leather A. Hruska, Grantors herein. Being Parcel # 22-10-0640-08 I TITLE TO SAID PREMISES IS VESTED IN Kenneth J. Polek and Heather A, Polek, husband and wife by Deed from Kenneth J. Polek and Heather A. Aruska, now by marriage, Heather A. Polek, dated 10-1-02, recorded 10-22-02 in Deed Book 254, page 809. Premises: 1653 Lisbum Road, Mechanicsburg, PAl 7055 (") c: .- r-:l c? ('.:::.:i c.f1. (0 '.:'~. \ Cj"'. ~. -- -- ;t.:"' r......j PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL SCHMIEG, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ABN AMRO MORTGAGE GROUP, INC. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY vs. No.: 05-1806 KENNETH J. POLEK HEATHER A. POLEK AIK/ A HEATHER A. HRUSKA AFFIDAVIT I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to KENNETH J. POLEK and HEATHER A. POLEK AJKlA HEATHER A. HRUSKA on 9/19/05 at 1653 LISBURN ROAD, MECHANICSBURG, PA 17055, 5002 GREENWOOD CIRCLE, ENOLA, PA 17025,4115 FAWN DRIVE, APT. C. HARRISBURG, PA 17112- 2812 and P.O. BOX 61352, HARRISBURG, PA 17106 in accordance with the Order of Court dated 7/5/05. The undersigned understands that this statement is made subject to the penalties of 18 P A C.S. s 4904 relating to unsworn falsification to authorities. Date: September 22, 2005 ....> = t:,:.? ;:.c' (n p'1 -0 N CJO ~ -I ::C:n f11~. =9,c5 ;;~~~d ..:.. -,j :::;: i~!~ ?'n :.<; <:-? w w .... PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ABN AMRO MORTGAGE GROUP, INe. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-1806 KENNETH J. POLEK HEATHER A. POLEK AiKfA HEATHER A. HRUSKA 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 KENNETH J. POLEK and HEATHER A. POLEK AlK/A HEATHER A. HRUSKA, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 4/6/05 to 9/2/05 T('Yf'!\T $240,671.45 $4,713.00 $245,384.45 Office of the Prothonotary Cumberland Connty Courthous? 1 Courthouse Square Carlisle, P A 17013 - - ----- ~.- ---., ._-.~.--"" l/iTF 1705StS7S7-S3 R002 tJ:)~ I rOc, HEATHERA. POLEKAlK/A HEATHER A. HRUSKA 1653 LlSBURN ROAD MECHANICSBURG, PA 17055 Oi1JINSUFFICIENT ADDRESS . AHEMPrED NOT KNOWN O.OTHER NO SUCH NUMBER/ STREET S NOT DELIVERABLE AS ADDRESSfD . U~B,~ TO:,DHWARD (}-3. ABN Amra Mortgage Group, Inc. VS Kenneth J. Polek and Heather A. Polek aIkIa Heather A. Hruska The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-1806 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice of Sheriffs Sale and Description in the following manner: The Sheriff mailed by certified mail, return receipt requested, restricted delivery, deliver to addressee only, a true and correct copy ofthe within action to the within named defendant, to wit: Kenneth J. Polek, at his last known addresses of 5002 Greenwood Circle, Enola, PA ] 7025; 1653 Lisburn Road, Mechanicsburg, PA 17055; 4115 Fawn Drive, Apt. C, Harrisburg, PA 17112-2812; and P.O. Box 61352, Harrisburg, P A 17106. These letters were mailed on September 12,2005. The unopened letters were returned to the Sheriffs Office marked "Unclaimed." R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice of Sheriffs Sale and Description in the following manner: The Sheriff mailed by certified mail, return receipt requested, restricted delivery, deliver to addressee only, a true and correct copy ofthe within action to the within named defendant, to wit: Heather A Polek a/k/a Heather A. Hruska, at her last known addresses of 5002 Greenwood Circle, Enola, PA 17025; 1653 Lisburn Road, Mechanicsburg, PA 17055; 4115 Fawn Drive, Apt. C, Harrisburg, PA 171 ]2-28]2; and P.O. Box 61352, Harrisburg, PA 17106. These letters were mailed on September 12, 2005. The unopened letters were returned to the Sheriffs Office marked "Unclaimed." R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheritfs Costs: Docketing Poundage Posting Handbills Advertising Levy Mileage Postage Certified Mail Law Library Prothonotary Surcharge 30.00 4,407.82 15.00 15.00 15.00 9.60 3.33 81.04 .50 1.00 30.00 . -'0 I'') .. -, ';'1'. lr{... :::>..... / ") 1'130),0 UCu-. Share of Bills Law Journal Patriot News 20.89 629.00 291.08 $5,549.26 Sworn and subscribed to before me so~ ;~ 1..t:~?J R. Thomas Kline, Sheriff 2006, A.D. ABN AMRO MORTGAGE GROUP, INC. I CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. KENNETH J. POLEK HEATHER A. POLEK AlK/A HEATHER A. HRUSKA CIVIL DIVISION NO. 05-1806 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) ABN AMRO MORTGAGE GROUP, INC., Plaintiffin the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1653 LISBURN ROAD, MECHANICS BURG, PA 17055. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KENNETH J. POLEK 1653 LISBURN ROAD MECHANICSBURG, PA 17055 HEATHERA. POLEKAlK/A HEATHER A. HRUSKA 1653 LISBURN ROAD MECHANICSBURG, PA 17055 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained" please indicate) ACME FIDUCIARY FUND P.O. BOX 126 SHIPPENSBURG, PA 17257 BENEFICIAL CONSUMER DISCOUNT COMPANY DIB/A BENEFICIAL MORTGAGE CO. OF PA. 4910 CARLISE PIKE MECHANICSBURG, PA 17050 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 1653 LISBURN ROAD MECHANICSBURG, PA 17055 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]8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. '-- ~Q~ ~~"'tr. D lEe. S M[ , SQUIRE Attorney for Plaintiff September 2, 2005 DATE "' '.. . , ,~ ABN AMRO MORTGAGE GROUP, INC. Plaintiff, CUMBERLAND COUNTY v. No. 05-1806 KENNETH J. POLEK HEATHER A. POLEK A/KIA HEATHER A. HRUSKA Defendant(s). September 2., 2005 TO: KENNETH J. POLEK 1653 LISBURN ROAD MECHANICSBURG, PA 17055 HEATHER A. POLEK AlKJA HEATHER A. HRUSKA 1653 LIS BURN ROAD MECHANICSBURG, PA 17055 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 1653 LISBURN ROAD, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on DECEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $245,384.45 obtained by ABN AMRO MORTGAGE GROUP, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE ,'- '. DESCRIPTlOl'l ALL THAT CERTAIN traCI of land situale in Monroe Township, Cumberland County, Pennsylvauia, more particularly identified as follows: LOT NO.6 on the Final Subdivision Plan for Lisbum Meadows Estates-South, recorded in lhe Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 75, Page 128, et. seq., the metes and bounds description for which lot are as follows: BEGINNING at a point along the southern right-of-way line of Lis burn Road SR 2004 (50 feet right. of-way) on the dividing line of Lot No.5 and Lot No.6 of the aforementioned Plan: thence along said Lisbum Road North 72 degrees 58 minutes 28 seconds West a distance of 200.00 feet to a point at the dividing line between Lot No.6 and Lot C of said Plan; thence along said dividing line North 17 degrees 0 I minutes 32 seconds East a distance of 406. 76 feet to a point; thence South 48 degrees 12 minutes 49 seconds East a distance of 77 .07 feel to a point; thence North 71 degrees 49 minutes 51 seconds Easl a distance of284.18 feet to a point; thence South 18 degrees 10 minutes 09 seconds Easl a distance of 102.15 feet to a point on the dividing line of Lot No.5 and Lot No.6 of said Plan; thence along said dividing line South 71 degrees 33 minutes 05 seconds West a distance of 197.81 fee to a poinl on the dividing line of Lot No.5 and Lot No.6 of said Plan; thence along said dividing line Soulb 17 degrees 01 minutes 32 seconds West a distance 0040.00 feet to a point on the southern right-of-way line of Lisbum Road, the point and place of BEGINNING. UNDER AND SUBJECT, NEVERTHELESS, to Ibe conditions, restrictions and easements as noted on the hereinabove mentioned Final Subdivision Plan; AND SUBJECT, FURTHER to the Declaration of Protective Covenants. Conditions. Restrictions and Reservations for Lisbum Meadows Estates-South dated October 28, 1997, and recorded in the Office of the Recorder of Deeds, aforesaid, in Misc. Book 561, Page 585, including but not limited to: All drainage easemenls and delention basins applicahlelo tbe herein d<scribed lot and detailed on said Final Subdivision Plan. BEING the same premises which Kronenberg and Group, a partnership consisting of William M. Kronenberg, Donald A. Group, Donald A. Gr.:>Ilp, Jr., and Tony D. Group, by their deed daled April 5,2002, and recorded April 10, 2002, in the Office of the Recorder of Deeds in and for Cumberland Count)', Pennsylvania, in Deed Book 25 I, Page 937, granted and conveyed unto Kenneth J. Polek and I'leather A. Hruska, Grantors herein. Being Parcel # 22-10-0640-081 TITLE TO SAID PREMISES IS VESTED IN Kenn<<th J. Polek and Heather A, P.:>lek, husband and wife by Deed from Kenneth J. Polek and Heather A. Aruska, now by marriage, Heather ^. Polek, dated 10-1-02, r<<corded 10-22-02 in Deed Book 254, page 809. Premises: 1653 Lisbum Road, Mechanicsburg, PA 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1806 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP, INC. Plaintiff(s) From KENNETH J. POLEK and HEATHER A. POLEK A/KJA HEATHER A. HRUSKA, 1653 LISBURN ROAD, MECHANICSBURG PAl 7055 (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 1653 LISBURN ROAD, MECHANICSBURG PA 17055 (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) If property of the defendant(s) not levied upon an subject to attachment is fowld 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 $245.384.45 L.L. $.50 Interest FROM 9/2/05 TO 12/7/05 @ $40.34 PER DIEM ~ $3,872.64 Ally's Cornm % Due Prothy $1.00 Atty Paid $244.24 Plaintiff Paid Date: SEPTEMBER 6, 2005 Othe~ costSfihl I(I~ . ~TIS R. LONG - Prothonotary By: (Seal) Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. Address: ONE PENN CENTER@ SUBURBAN STATION 1617 JFK BLVD., STE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 Real Estate Sale #55 On September 12,2005 the Sherifflevied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, P A Known and numbered as 1653 Lisbum Road Date: September 12,2005 By: \)6Y{iA~?v Real Est~~,JSergeant c-J c::;:;;J IIC\i:Q c::::::s fife) ff;;J OCJ Mechanicsburg, more fully described on Exhibit "A" D. filed with this writ and by this reference incorporated herein. 0- t .....--, c= .~= ,~ 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: October 14, 21, 28, 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 a~ to time, place and character of publication are true. .. Li a Marie Coyne, Edit r l SWO TO AND SUBSCRIBED before me this 28 day of October, 2005 \C"'........."'....'.-,. "t~~l....... ... ".~........-...... , ".)TA""{ S."J.l ' I hit .. r..,.-,.... C ~ .. " < ......iC.' (- ('ldV')I:i.-i N,.,t'trv p'Jhlll' ~:JI,-' '-~.. ,-~\'l ,1. l:~ " I..' '.'''',- ~ ,'. (3't;..,',; fJoro. C"",ber';1f1" COli"'"} i ", (>;';-.i,;",i~;SiOf\ t:'1,\1;~<",; >;;,;.~r;Ji ;), ;!;-l(}C!.. ;".~""... .<._,.., ~ '~'.._'_" .",~;"",~"~,'.'C'"~_'..,,___..' .. <,,~, REAL ESTATE SALE NO. S5 Writ No. 2005-1806 Civil ABN AMRO Mortgage Group, Inc. vs. Kenneth J. Polek and Heather A. Polek ajk/a Heather A. Hruska Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract of land situate in Monroe Township. Cumberland County. Pennsylvania, more particularly identified as fol- lows: LOT NO.6 on the Final Subdivi~ sian Plan for Lisbum Meadows Es- tates-South. recorded in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania. in Plan Book 75, page 128. et. seq., the metes and bounds description for which lot are as follows: BEGINNING at a point along the . southern right-of-way line of Lisbum Road SR 2004 (50 feet right-of-way) on the dividing line of Lot No.5 and Lot No.6 of the aforementioned Plan; thence along said Lisburn Road North 72 degrees 58 minutes 28 seconds West a distance of 200.00 feet to a point at the divid- ing line between Lot No. 6 and Lot C of said Plan; thence along said dividing line North 17 degrees 01 minutes 32 seconds East a distance of 406.76 feet to a point; thence South 48 degrees 12 minutes 49 seconds East a distance of 77.07 feet to a point; thence North 71 de- grees 49 minutes 51 seconds East a distance of 284.18 feet to a point; thence South 18 degrees 10 min- utes 09 seconds East a distance of 102.15 feet to a point on the divid- ing line of Lot No. 5 and Lot No. 6 of said Plan; thence along said di- viding line South 71 degrees 33 minutes 05 seconds West a distance of 197.81 feet to a point on the di- viding line of Lot No.5 and Lot No. 6 of said Plan; thence along said dividing line South 17 degrees 01 minutes 32 seconds West a distance of 340.00 feet to a point on the southern right-of-way line of Lisburn Road, the point and place of BE- GINNING. UNDER AND SUBJECT. NEV- ERTHELESS. to the conditions re- strictions and easements as n~ted on the hereinabove mentioned Fi- nal Subdivision Plan; AND SUB- JECT, FURTHER to the Declaration of Protective Covenants. Conditi Rest . t. ons, nc IOns and Reservations for Lisburn Meadows Estates-South dated October 28. 1997, and re- corded in the Office of the Recorder of Deeds, aforesaid, in Misc. Book ~6~, Page 585. including but not hmlted to: ~l drainage easements and de- tentIOn basins applicable to th herein described lot and d la.1 d e . . e 1 e on SaId Fmal Subdivision Plan. BEING the same premises which Kronenberg and Group. a partner- ship consisting of William M Kronenberg, Donald A. Group' Donald A. Group, Jr., and Tony D: Group. by their deed dated April 5 2002, and recorded April 10, 2002: in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. in Deed Book 251, Page 937, granted and con- veyed unto Kenneth J. Polek and ~eather A. Hruska, Grantors here- m. RPin(1 Par~el # 22-10-0640-081. TITLE TO SAID PREMISES IS VESTED IN Kenneth J. Polek and Heather A. Polek, husband and wife by Deed from Kenneth J. Polek and r:eather A. Aruska, now by mar- nage. Heather A. Polek, dated 10- 1-02, recorded 10-22-02 in Deed Book 254, page 809. Premises: 1653 Lisburn Road. Mechanicsburg, PA 17055. ... THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} S5 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 8] 8 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 Markel Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, ] 854, and September 18th, 1949, respectively, and all have been continuously published ever SlIlce; 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 in the 25'h day(s) of October and the I" day(s) of November 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 ofthi5 statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy me this Brd day of November 2005 A,D. CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 REAL ESTATE SAl.E No. 5li _No....1_ ClvIIT..... ABN_~Gn>up."'c. _J.~_ ....A.~ .......... A..- ~J.~.1I AlL mAT CEKIAIN tract of land Mtuate in Monroe Thwnsbip, Cumberland County, Pellnsyl...... more particularly _ " follows: LOr NO.6 on lbe FmJli Sllb-division 1'1.. fo. Lisbom__SOUlh._inlbe Office of IJJe _ of Deeds in and fo. Cumberland COlIIll}', Peonsyl...... in Plan Book 75, l'ige 128, el seq.. l!le llJtIeS and bounds desaiptioo. forwhichlot are ll$foUaws: BEGINNING at . point al"'8 l!le soul!lem .of-way line of LisOOm Rood SR 2001 (50 feet right-<>f-w.y) on lbe dMding line ofLotNo. 5 ..6 Lot No.6 oflbe af_ontd Plan; 1Iteoce al"'8 W6 Lisllwn Rood Nonh 72 ~ 58 minutes 28 ~ _ . dialance of 200.00 feet to . point at the dMding line betw.... Lot No. 6 ..6 Lot C of W6 Plan; 1bence along said divi6ing lineNorlhI7~0l_32_East .dialanceof406.76feetlll'point;1benceSoolh 48~12JDilwres49_East.dialance of n.rn feet to . point; 1bence Nonh 71 ~ 49 minutei 51 secouds Etit a "distance of 284.18 feet III . point; 1Iteoce South 18 ~ 10 JDilwres09_East.dialanceof 102.15 f", to a point on lbedividinglilleofLotNo. 5 andLot No. 6 of said l'Ian; 1bence along said dividingline South 71 degrees 33 miuutes OS seconds Wesl a dialance of 197.81 feet to .pointonlbe divi6ing line of Lot No. 5 and Lot No.6 of sald Plan; theoce along said<Jjvi6ing1ine South 17 dc-grees 01 mmute5 32 seConds West a distance of 340.00 feet to a point on the !lO\J1hemrigbt-of~WaY line of Lisllwn Rood, th< point. and pi"" of llEGINNlNG. UNDER AND SUBIECf, __less. to lbt oonditioos.restrictionsaudeasemems as notcdoo the hereinabove mentioDed" Final Subdivision Plan; AND SUBIECf, _. to lbe Declamtion of Pro-tective Covenam:s. Conditioos, Rcstric-rkms and Reservations for LiBbum Meadows Estates South dated October 28, 1997. and _ in Ihi: Office of lheRerorder of Deeds. aforesaid.. in Misc. Book l<il. l'ige 585. incloding bot no' limitedto: All6raiDage.-and_basins opplkableto lbe herein ~ 10< anddetail<d on said Final Subdivision Plan. BEING the same premises which Kronenberg and Grnop. . jlllIIlIel3IUp c:<lOSistin8 ofWtlliaro M. Kronenberg, Donald A Groop. Donald A Groop. k. and Tony D. Group, by lbcir deed dated April 5.2OO2;and_AprilIO.2OO2;inlbeOllice of the _ of Deeds in and fo. Cumberland COlIIll}'. Pellnsyl...... in Doed Book 251. l'ige 937. gr.utl<d and"""'l'llI onto Kennelh I. Polek and Hea1htr A IIIuskJt, Granwn herein. Beio8P",.1I122-1(l.(l64Il.m1. nn.E TO SAID PREMISES is vemd in 1<<"""" I. Pol<!< and _.A Pnle!<, husband and wife, by Doed from Kennelh I. Pol<!< and lIea1herA.Aruaka.nowbymarti>ge,_A. Polek, _ 1011102. _ 10122102 in Doed Book 254. _809. Pretni...: 1653 Lisbom Rnod, Medtanicsbutg. PA 17055.