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HomeMy WebLinkAbout05-2905 II' II THOMAS I. PULEO, LLC By: Thomas I. Pulco, Esquire Idcntification No. 27615 660 Sentry Parkway, Suite 210 Blue Bell, P A 19422 (610) 941-3600 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INe. 7159 Corklal1 Drivc Jacksonville, Florida 32258 v. : No. OS' - :l9DS (!,u;{:r~ I II I I I I II I II II II II I MARY E. WHALEY 68 Honey Suckle Drivc Mechanicsburg, PA 17050 CIVIL ACTION - MORTGAGE FORECLOSURE COMPLAINT NOTICE AVISO You have been sued in court If you \vish to defend against the claims set torth in the lollO\ving pages, you !TIust take action within twenty (20) days after this complaint and notice arc served, by entering a written appearance personally or by attorney and filing in \vriting with the court \four defenses or objections to the claims set torth against VOlL Yo~ arc v.,'arned that ifYOLl tuil to do so the case may proceed ~vithoLlt yOU (llld u judgment may be entered ag(Jinst you by the cour! without IIJrthcr notice for any money claimed in the complaint or for any other claim or relief requested by the plaintitY You may lose money or property or other rights important to you USTED HA SlOO DEMANDADO/A EN CORTE. Si usted desca detcnderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar aecion dentro de los proximos veinte (20) dias despues de la notificaci6n de esta Demanda y ^ vi so radieundo personal mente 0 par medio de un abogado una eompareeencia escrita y radicando en la Corte pm escrito sus defensas dc, y si usted falla de tomar aecion como se describe anteriormcnte, el caso pucde proccder sin listed y un faUo por cualquier suma de dinero reclamada en la dcmanda 0 cualquier otm reclamacion 0 remedio solicitado par cl demandantc pucde ser dictado en contra suya par la Corte sin mas aviso adicional. Ustcd puede perdcr dinero 0 propiedad u otms derechos importantes para usted YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVEA LAWYER, GOTO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER USTED DEAE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMED1ATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 V A Y A A LA SIGUIENTE OFICINA. ESTA OFlClNA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. IF YOU CANNOT AFFORD TO HIRE A LA WYER, TillS OFFICE MA Y BE ABLE TO PROVIOE YOU WITH INFORMATION ABOUT AGENCIES TIIAT MA Y OFFER I,EGAL SERVICES TO I:UGlBLI: PERSONS AT A REDUCED FEE OR NO FEE SI USTED NO PUEDE PAGAR paR LOS SERVICIOS DE UN ABOGADO, ES POSJBLE QUE EST ^ OFlClNA LE PUEDA PROVEER INFORMACION SaBRE AGENCIAS QUE OFREZCAN SERYICIOS LEGALES SIN CARGO 0 BAJa CaSTO A PERSONAS QUE CUA1.lFICAN Cumberland County Bar Association 2 Liberty Avenue Carlisle_ PA 17013 (717) 249-3166 (800) 990-9108 Cumberland County Bar Association 2 Liberty A venue Carlisle, PAl 7013 (717) 249-3166 (800) 990-9108 (610) 279-9660 CIVIL ACTION - MORTGAGE FORECLOSURE COMPLAINT 1. Plaintif( ABN AMRO MORTGAGE GROUP, INC., is a corporation organized and existing under laws of the State of Delaware with offices at 7159 Corklan Drive, Jacksonville, Florida. 2. Defendant, MARY E. WHALEY, is the mortgagor and real owner of premises 68 Honey Suckle Drive, Mechanicsburg, Silver Spring Township, Cumberland County. Pennsylvania, hereinafter described, whose last known address is as stated above. 3. On the 22'" day of March, 2002, the above named mortgagor made, executed and delivered a mortgage upon premises hereinafter described to Homesale Mortgage Services, Inc., which mortgage is recorded in the Office of the Recorder of Deeds for Cumberland County in Mortgage Book 1753 page 3331. 4. The premises subject to thc said mortgage is described in Exhibit "A" attached hereto and made a part hereof. 5. The mortgage secures defendant's certain Note dated the same as the mortgage in the amount of$12l.936.00 payable in monthly installments with interest at the rate of7.25% per annum. A copy of the said Note is attachcd hereto, made a part hereof and marked Exhibit "B". 6. The saicl mortgage was assigned to ABN AMRO MORTGAGE GROUP, INC., the plaintiff herein, by written assignment which is recorded in the Office of thc Recorder of Deeds for Cumberland County in Assignment of Mortgage Book 385 page 4485. 7. The mortgage is in default because the defendant has failed to make the payment of the monthly installment of principal and interest in accordance with the terms of the mortgage for March 1,2004, and each month thereafter, up to and including the present time. 8. The following amounts are duc on the mortgage: -l. Principal Interest at 7.25% per annum from 2/1/04 thru 5/31/05 ($23.67 per dicm) Late charges accrued thru 5/31/05 ($4l.30/month) Escrow cleficit (taxes ancl insurance) ($200.64/month) Attorney's fee (5%) Title information certificate $119,159.41 I 1,503.62 375.96 3.009.60 5,957.97 325.00 Total $140,331.56 9. The said mortgage is not a residential mortgage as defined by Pennsylvania Act No.6 of 1974, and hence, no noticc of intention to foreclosc is required by the said Act. 10. The aloresaicl mortgage is insured undcr Title II of the National Housing Act, and therefore. is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, plaintiff demancls judgment in the sum of $140,331.56 plus interest, late charges, escrow advances and costs to the date of judgment and foreclosure of the said mortgage. I I I I I II II II II II I [I I I II II HOMAS . PULEO i Attorney for Plaintiff -2- ALL THA T CERTAIN piece or parcel of land, situate in Silver Spring Township, Cumberland County, Pennsylvania, being bounded and described as follows, to wit: DESCRIPTION BEGINNING at a point on the North side of Honeysuckle Drive (50 feet wide) at the dividing line between Lots Nos. 90 and 91 on the hereinafter mentioned Plan of Lots; thence along the dividing line between Lots Nos. 90 and 91, North 10 degrees 39 minutes 14 seconds West, the distance of 137,00 feet; thence North 79 degrees 20 minutes 46 seconds East, the distance of 68.50 feet; thence South 10 degrees 39 minutes 14 seconds East, the distance of 137.00 feet to a point on the North side of Honeysuckle Drive; thence along the said side of Honeysuckle Drive, South 79 degrees 20 minutes 46 seconds West, the distance of 68.50 feet to a point, the Place of BEGINNING. BEING Lot No. 91 on the Plan of Mulberry Crossing, as recorded in Plan Book 40, Page 142. HA VING THEREON ERECTED a dwelling being known and numbered as 68 Honeysuckle Drive, Mechan~sburg, Pennsylvania. TAX PARCEL #38-22-0144-094 . . EXHIBIT A , LOAN H. 621107744 Multllfa" NOTE MARCIl 22, 2002 [Date] HARRISBURG, [City] PENNSYLVANIA [State] 68 HONEY. SUCKLE DR, MECHANICSBURG, PA 17055 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means HOMESALE MORTGAGE SERVICES, INC., and its successors and assigns. 1. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of *ONE HUNDRED TWENTY ONE THOUSAND NINE HUNDRED THIRTY SIX AND NO/100......**.................. Dollars (U.S. $121, 936 . 00 ), plus interest. to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of SEVEN AND ONE _ FOURTH percent ( 7 .250% ) per year until the full amount of principal bas been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed aftrusl or similar security instrument that is dated the same date as this Note and called the "Security Instrument" The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNEROFPAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the 1ST day of each month beginning on MAY 1, 2002. Any principal and interest remaining on the 1ST day of APRIL, 2032 will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at 4242 N. HARLEM AVE. NORRIDGE, IL 60706 ATTN: CASHI:ERING or at such place as Lender may designate in writing by nolke to Borrower. (C) Amount Each monthly paymenf of principal and inlerest will be in the amount of U.S. $831.82. Thisamounl will be part ora larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Inslnunenl. (D) Allonge to this Note for payment adjustment, If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants offhe allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box) D Graduated Payment Allonge D Growing Equity Allonge o Ollier [specify) S. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that borrower pays interest on the amount prepaid for the remainder ofthe month to the extent required by Lender and permUted by regulations oUhe Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. .. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments lfLender has not received the full monthly payment required by the Security InSlrument, as described in Paragraph 4(C) ofthis Note. by the end of 15 calendar days after the payment is due, Lender may collect a late charge in the amount of P'OtJR percent ( 4.000% ) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender'srights torequire immediate payment in full in the case of payment FHA Mullbtate Filed Ratt NOle P8700NOT 0001 EXHIBIT B LOAN #, 621107744 defaults, This Not.edoes notauthorize acceleration when not permitted by HUD regulations. As usedin this Note, "Secretmy" means lhe Secretary of Housing and Urban Development or his or her designee. (C) Payment 01 COIn and EIpense& If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of dIsbursement at the same rate as lbe principal oflhis Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presenlment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have nol been paid. 8. GMNG OF NOTICES Unless applicable law requires a differenl method, any noticc that must be given to Borrower under this Nole will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lenderunder this Note will be given byfirst class mail to Lender at the address stated in Paragraph 4(8) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all oflhe promises made in this Note, includinglhepromisetopaythefullamountowed. Anypersonwho isaguarantor, suret}'orendorserofthis NoteisaJsoobligated to do these things. Any person who takes over these obligations, including the obligations ofa guarantor, surety or endorser of this Note, isalso obligated tokeepall ofthe promises made in this Note. Lender may enforce its rights under lIds Note against eachperson individually or against all signatories together. Anyone person signing lhis Nole may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the tenns and covenants contained in this Note. ziARTl...g;{Jf C; ("A Ly- (SEAL) FHA Mullisfatl: Fbed Rate Noll: -1(1195 Page2of2 P8700NOT /~ ALLONGE TO NOTE . \ LO'Y'" 6211077~ ..L"~~TeN15TiiDA1ED KlIRCH 22, 2002 IN fAVOR OF BOHllSALI: KOIITlll\GE SRIIVZCllS.. IUC. AND EXEctm!D BY MAllY I: 19BAL1:Y PAY TO TIlE ORDI!R Of ABN A!IIIO MORTGAGI: GIl01lP, ruc. WITHOUT Rl!COURSE HOIlESALli IIORTllAClE SEltVrCllS, rNC. BY \\I\1~}"'~llllo~b,,~ MICHELLE VAN DELF TIlLE ~~ f. e A.P ^<, --' ..-.::t X.IIl; 1t A ~ VICE-PRESt ENT Verification Ms. Paula Webb hereby states that she is Vice President of ABN- AMRO Mortgage Group, Inc., the plaintiff, or servicing agent for plaintiff, this matter, that she is authorized to take this Verification, and that he statement made in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made to the penalties of 18 Pa.C.S.A. Sec. 4904 Relating to unsworn falsification to authorities. 6U.C4d/- PAULA WEBB VICE PRESIDENT DATE: 5-31095 -,::J p 'iq.. "" 1fi. 0 (") ....., -n~~ = 0 <:;::) <.r> -n - ~ !I\ rTj <- :i! 8 " .;:' <= C> Z rn:!J ..c:: ).J ;.-:~ r- 1I] I -om ...., ~ ~ r-' Cf'\ ~6 -..0 ...{) ~.:: .... ':.-:..: (OO') -0 ~~ -4' ):.;:F,> :x 7 ~ w c5m ~ U1 ~ ~D Ul -< SHERIFF'S RETURN - REGULAR CASE NO: 2005-02905 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS WHALEY MARY E BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WHALEY MARY E the DEFENDANT , at 2107:00 HOURS, on the 13th day of June 2005 at 68 HONEYSUCKLE DRIVE MECHANICSBURG, PA 17055 by handing to MARY WHALEY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 6.66 .37 10.00 .00 35.03 ~r'~? " ,,<::;:::.' 'r ~+-.>';f"~...,~(:~ ..-tf~y~ #, R. Thomas Kline . 06/14/2005 THOMAS PULEO Sworn and Subscribed to before By: ~ ~J { ~uty Sheriff me this .2(; ~ day of (juJ';f \ ,J,IJrJ.'/ A.D. '" ~V- (:' (u~Il~ /' othonotary , /I II il I il II II II II II II II II II I II II II I. I THOMAS I. PULEO, LLC By: Thomas I. Puleo, Esquire Identification No. 27615 660 Sentry Parkway, Suite 210 Blue Bell, P A 19422 (610) 941-3600 , - Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INe. v. : No. 05-2905 Civil Term MARYE. WHALEY PRAECIPE FOR JUDGMENT Enter judgment in favor of the Plaintiff and against the Defendant(s) for want of an answer and assess damages as follows: Principal Interest from 2/1/04 to 7/20/05 Late charges accrued thru 7/20/05 Escrow deficit (taxes and insurance) Attorney's fee (5%) Title information certificate $119,159.41 12,687.12 458.56 3,410.88 5.957.97 325.00 I I II I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED I AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM II CERTAIN FROM THE COMPLAINT. II II II II Total $141.998.94 I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record. if any, after the default occurred and at least ten days prior to the date of the filing of this praeci copy of the ce is attached. Pa.R.C.P. 237.1 OMAS I. LEO, ESQUIRE Attorney for Plaintiff AND NOw... )"J ~;),s- ,2005, Judgment is entered in favor of plaintiff and against defendants and damages assessed as per the above certification. II ii 'i .. THOMAS I. PULEO, LLC I' By: Thomas I. Puleo, Esquire :: Identification No. 27615 ii 660 Sentry Parkway, Suite 210 Ii Blue Bell, PA 19422 II (610) 941-3600 ii II Ii ii II Ii ABN AMRO MORTGAGE GROUP, INC. II II II II MARY E WHALEY II II II II II II II Date of Notice: July 6, 2005 II II II II II II II II I II II II II II II II II II II II II II II II II II II II .- Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : No. 05-2905 Civil Term v. To: Ms. Mary E. Whaley 68 Honey Suckle Drive Mechanicsburg, PA 17050 NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT UNDER Pa.R.C.P.237.1 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSON ALL Y 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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY AND OTHER IMPORT ANT 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 Bar Association 2 Liberty A venue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 II " II ''- II II Ii Ii il II II II II I! FECHA DEL A VISO: II II II II II II II II II I II II II II I I I II II II II II II Ii A VISO IMPORT ANTE A: Ms. Mary E. Whaley 68 Honey Suckle Drive Mechanicsburg, P A 17050 USTED ESTA EN REBELDlA PORQUE HA FALLADO DE REGISTRAR COMP ARECENCIA ESCRIT A POR SI MISMO 0 A TRA VES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENT ADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DlAS DE HABER RECIBIDO ESTE A VISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUY A SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PRO PIED AD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDlATEMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 V A Y A A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE P AGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE EST A OnCINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 2 Liberty A venue Carlisle, P A 17013 (717) 249-3166 (800) 990-9108 THOMAS I. PULEO, LLC By: Thomas I. Puleo, Esquire Identification No. 27615 660 Sentry Parkway, Suite 210 Blue Bell, P A 19422 (610) 941-3600 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC. v. : No. 05-2905 Civil Term MARY E. WHALEY AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF MONTGOMERY THOMAS I. PULEO, being duly sworn according to law deposes and says 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; That Mary E. Whaley is over 21 years of age, resides at 68 Honey Suckle Drive, Mechanicsburg, Pennsylvania, and is employed by/as unknown. SWORN TO AND SUBSCRIBED BEFORE ME THIS 6th DAY OF July, 2005. ~ttj{~ NOTARY PUBLIC ':-~G\H'(0NWEP._LTH Of FENNSYLVl,: ., NOTARIAL SEAL LISA A KANE, Notary Public Whltpaln Twp . Montgomery County M CommiSSion EKplfes August 1 , 2005 cAJ \Lll F ---- \)'- j ~ ~ --< r~ ~ ~ i- g ~ ~ tJ ~~ t ---L... , ~.> C:') CJ ~:',:~ -n c_ f'-- 1"",' C. 7',,' I, ,~) o r'~,) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP, INC., Plaintiff, COURT OF COMMON PLEAS v. NO. 05-2905 Civil Term MARY E. WHALEY, Defendant(s). PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above rnatter: AMOUNT DUE $141,998.94 INTEREST FROM 7/21/05 @ $23.67 per diem $ COSTS TO BE ADDED $ 114.53 July 19,2005 0J ~ kr ~ 0->~ - ...o~ \ ~ (:) ~ ~ It, 111 !It ~ :l<;l B C> ~ :-- C> lI1 () ~ Ir) \) \.)oJ () 0 (,.J )J l0 C> I I '-0 '"', I C::? ~ - c.:;) ,-" f-~ (-~ _ ~r '---;:. r I - - ::: - ~ - ~ ".) ~ evt:: (j"'"\ C- -C - ~ '~ - ~ - - ( e, - ",-0 0 +- ,,-, ~ ~ ("\ r- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-2905 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 MARY E. WHALEY, (I) You are directed to levy upon the properly of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $141,998.94 Interest FROM 7/21/05@ $23.67 PER DIEM Atty's Comm % Atly Paid $117.03 Plaintiff Paid Date: JULY 25,2005 L.L. $.50 Due Prothy $1.00 Other Costs $114.53 CURTIS R. LONG (Seal) ProthZ '----- By: Q/). 0 ,[!. ~~hV'J Deputy REQUESTING PARTY: Name THOMAS 1. PULEO, ESQUIRE Address: 660 SENTRY PARKWAY, SUITE 210 BLUE BELL, PA 19422 Attorney for: PLAINTIFF Telephone: 610-941-3600 Supreme Court ID No. 27615 1 .~ ~ {r," ~ DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in Silver Spring Township, Cumberland County, Pennsylvania, being bounded and described as follows, to wit: BEGINNING at a point on the North side of Honeysuckle Drive (50 feet wide) at the dividing line between Lots Nos. 90 and 91 on the hereinafter mentioned Plan of Lots; thence along the dividing line between Lots Nos. 90 and 91, North 10 degrees 39 minutes 14 seconds West, the distance of 137,00 feet; thence North 79 degrees 20 minutes 46 seconds East, the distance of 68.50 feet; thence South 10 degrees 39 minutes 14 seconds East, the distance of 137.00 feet to a point on the North side of Honeysuckle Drive; thence along the said side of Honeysuckle Drive, South 79 degrees 20 minutes 46 seconds West, the distance of 68.50 feet to a point, the Place of BEGINNING. BEING Lot No. 91 on the Plan of Mulberry Crossing, as recorded in Plan Book 40, Page 142. HA VING THEREON ERECTED a dwelling being known and numbered as 68 Honeysuckle Drive, Mechaniesburg, Pennsylvania. TAX PARCEL #38-22-0144-094 THOMAS I. PULEO, LLC 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas l. Puleo, Esquire Identification No. 27615 Attorney for PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC., Plaintiff NO. 05-2905 Civil Term v. MARY E. WHALEY, Defendant AFFIDAVIT UNDER P A. RCP RULE 3129 THOMAS I. PULEO, attorney for Plaintiff in the above captioned rnortgage foreclosure action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 68 Honey Suckle Drive, Mechanicsburg, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. 1. Narne and address of each Owner and/or Reputed Owner: Mary E. Whaley 68 Honey Suckle Drive Mechanicsburg, P A 17050 2. Name and address of each Defendant named in the judgment: Mary E. Whaley 68 Honey Suckle Drive Mechanicsburg, PA 17050 3. Narne and last known address of every judgrnent creditor whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder of every mortgage ofrecorcl: None other than executing mortgagee. 5. Name and address of every other person or entity which has any record lien on the property: None 6. Name and address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: Curnberland County Domestic Relations 13 N. Hanover Street Carlisle, P A 17013 Commonwealth ofPA Department of Public Welfare P. O. Box 2675 Harrisburg, PA 17105 Silver Spring Township Authority 6415 Carlisle Pike Mechanicsburg, PA 17055 7. Name and address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: None I verify that the staternents made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false staternents herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: July 19,2005 r-' c::J ~ <OJ' l'") (..n o -n 9...,., JOTlf:;: __~rq ~~\~.::~ ,.[? '~ (.c:::) ,en ':::':\ s:{ --'.. o r<) THOMAS I. PULEO, LLC 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas 1. Puleo, Esquire Identification No. 27615 Attorney for PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC., Plaintiff v. MARY E. WHALEY, Defendant AFFIDAVIT OF SERVICE I, Tabitha J. Wilson, Paralegal to Thomas I. Puleo, Esquire, attorney for plaintiff, being duly sworn according to law, deposes and says that he mailed by ordil}j1ry mail a Notice of Sale pursuant to Pa.R.C.P 3129.2 upon the persons listed below on thed1l!iUay of ()(!.Iob-, 2005 as evidenced by the U.S. Postal Service Certificate of Mailing (Form 3817), which is attached hereto as Exhibit "A": Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, P A 17013 Commonwealth of P A Department of Public Welfare P. O. Box 2675 Harrisburg, P A 17105 Silver Spring Township Authority 6415 Carlisle Pike Mechanicsburg, P A 17055 ~~ Tabitha J. Wilso aralegal to Thomas I. Puleo SWORN TO AND SUBSCRIBED BEF~ ME THIS J 7"'-r5A Y OF()c;t.-{~,-- ,2005. A-ccuJt~vr- 'NOTARY PUBLIC ca..IDNWEALTH OF NNNSYLVAHlA NOTARIAL SEAL LISA A. KANE Notary Public WI1ilpain Twp.. 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J' pj' '" " Ni3: .... it ~H '" ot-< 0 H '" 0 il . ,.. t-< a 0. t-< OJ " 0 a ftOii'g" a8fi'2.S i: ~~-< a, &~ 0 Irn~ " m::JoJJ~ 0. ~""":..,II) 0 "'i~E' ,g :11)11)3 Vlgg.:JJ ~ 3:aO)lrI f!.G1 ~2 ." c. ."6' ~ o. - ~ t'- ~ ~ ~ ~ \::. ~ oS: OOJl () .:::r:s lJ) :T ~9:~~~~ ~~ ~ :; CD ;r;:- s a' @.g 1.-..>-011I0.'0 I~h 2 i s:: 0 :0- .... - J>> '0 ~<!!. i = ii- igi.l!. 5" ~ .. a; -=-\i ~ ~ 0'" ~ 2 &' \l '" ~i g E'~ ~ll. 2'd' ~ ~ 8'" 3 ~ II> 05. ~ ~ II> " Cl. ."" (I). ~ <11;0 Q;' g, 0>0> a~_ g;s;~ g.[~ l!.lZ>3 00." o.-~ ~.~~ ",,=41 o :r=- ....,... ~Q~ 0_~ o-ea ,,'* ."en ". ~!=' JJ <l> lil .,,"'~' ~. ~:r - " ,,* ~ ,- 30 ~ ~ ~;- 0." ~ ~ 0 ,...:; C) c-,' ('''' , '. " C)"1 ~<.--. C' ..-- - <5' ~""_.. S (.,., N .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Abn AMRO Mtg Group Ine is the grantee the same having been sold to said grantee on the 7th day ofDec A.D.. 2005, under and by virtue ofa writ Execution issued on the 25th day of July, A.D., 2005. out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 2905, at the suit of ABN AMRO Mtg Group Inc against Mary E Whalev is duly recorded in Sheriffs Deed Book No. 272, Page 3161. IN TESTIMONY WHEREOF, I ha~ hereunto set my hand and seal of said office this 0- day of fl, I. " G ' A.D. l-V cJtJ t, / Recorder of Deeds Cumberland County. Carlisle. PA EXpires the FiJ8\ Monday of Jon._ ;Z lJi.c ABN Amro Mortgage Group, Inc. VS Mary E. Whaley The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-2905 Civil Term Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on September 20,2005 at 3:00 o'clock PM, she served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Mary E. Whaley, by making known unto Mary E. Whaley, personally, at 68 Honeysuckle Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 10, 2005 at 4:54 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Mary E. Whaley located at 68 Honeysuckle Drive, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency ofthe action to the within named defendant, to wit: Mary E. Whaley, by regular mail to her last known address of 68 Honeysuckle Drive, Mechanicsburg, P A 17055. This letter was mailed under the date of October 06, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described prernises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 7, 2005 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Thomas Puleo for ABN AMRO Mortgage Group, Inc. It being the highest bid and best price received for the same, ABN AMRO Mortgage Group, Inc. of7159 Corklan Drive, Jacksonville, FL 32258, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$8l2.27. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail $30.0015.93 15.00 15.00 30.00 10.00 .50 1.00 17.28 3.49 Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 15.00 20.00 .74 275.00 277.94 20.89 25.00 39.50 $ 812.27 Sworn and subscribed to before me 2Q~, A.D. _?~~~ R. Thomas Kline, Sheriff ~vUi~1 ergeant v ,yY cD 3 (). 'J1:! \. , A. S'.2 3(,,1 Vc... / veL, /1jI9~ ( THOMAS I. PULEO, LLC 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas I. Puleo, Esquire Identification No. 27615 Attorney for PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC., Plaintiff NO. 05-2905 Civil Term v. MARY E. WHALEY, Defendant AFFIDAVIT UNDERPA. RCP RULE 3129 THOMAS I. PULEO, attorney for Plaintiff in the above captioned mortgage foreclosure action, sets forth as ofthe date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 68 Honey Suckle Drive, Mechanicsburg, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. 1. Name and address of each Owner and/or Reputed Owner; Mary E. Whaley 68 Honey Suckle Drive Mechanicsburg, P A 17050 2. Name and address of each Defendant named in the judgment: Mary E. Whaley 68 Honey Suckle Drive Mechanicsburg, P A 17050 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder of every mortgage of record: None other than executing mortgagee. 5. Name and address of every other person or entity which has any record lien on the property: None 6. Name and address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, P A 17013 Commonwealth ofPA Department of Public Welfare P. O. Box 2675 Harrisburg, PA 17105 Silver Spring Township Authority 6415 Carlisle Pike Mechanicsburg, P A 17055 7. Name and address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: None I verifY that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: July 19,2005 ,. " THOMAS I. PULEO, LLC 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas 1. Puleo, Esquire Identification No. 27615 Attorney for PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC., Plaintiff v. NO. 05-2905 Civil Term MARY E. WHALEY, Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Mary E. Whaley 68 Honey Suckle Drive Mechanicsburg, P A 17050 Your house at 68 Honey Suckle Drive, City of Mechanicsburg, Cumberland County, is scheduled to be sold by the Cumberland County Sheriff's Department to enforce the Court judgment of$14l,998.94 obtained by Plaintiff ABN AMRO Mortgage Group, Inc. against you. The Sheriff's Sale will be conducted on Wednesday, December 7, 2005, at 10:00 A.M., Cumberland County Courthouse, 2nd Floor, Commissioner's Hearing Room, Carlisle, Pennsylvania. NOTICE OF OWNERS' RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. This sale will be canceled if you pay to ABN AMRO Mortgage Group, Inc. the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call (610) 941-3600. 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. (" I , 3. You may also be able to stOD the sale through other legal proceeclings. You may need an attorney to assert your rights. The sooner you contact one, the rnore chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriff's Department at (717) 240-6390. 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 Sheriffthe full amount bid in the sale. To find out if this has happened, you may call the Cumberland County Sheriff's Department at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will rernain the owner of the property as if the sale had 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 Cumberland County Sheriff on or about thirty (30) days from the date of Sheriff's 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 sheet is posted. 7. You may also have other rights and defenses, or ways of getting your house 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 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, P A 17013 (717) 2:0-6200 t' t DESCRIPTION ALL THA T CERTAIN piece or parcel of land, situate in Silver Spring Township, Cumberland County, Pennsylvania, being bounded and described as follows, to wit: BEGINNING at a point on the North side of Honeysuckle Drive (50 feet wide) at the dividing line between Lots Nos. 90 and 91 on the hereinafter mentioned Plan of Lots; thence along the dividing line between Lots Nos. 90 and 91, North 10 degrees 39 minutes 14 seconds West, the distance of 137,00 feet; thence North 79 degrees 20 minutes 46 seconds East, the distance of 68.50 feet; thence South 10 degrees 39 minutes 14 seconds East, the distance of 137.00 feet to a point on the North side of Honeysuckle Drive; thence along the said side of Honeysuckle Drive, South 79 degrees 20 minutes 46 seconds West, the distance of 68.50 feet to a point, the Place of BEGINNING. BEING Lot No. 91 on the Plan of Mulberry Crossing, as recorded in Plan Book 40, Page 142. HAVING THEREON ERECTED a dwelling being known and numbered as 68 Honeysuckle Drive, Mechani.esburg, Pennsylvania. TAX PARCEL #38-22-0144-094 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-2905 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 MARY E. WHALEY, (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof: (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $141,998.94 Interest FROM 7/21/05 @ $23.67 PER DIEM Atty's Comm % Atty Paid $117.03 Plaintiff Paid L.L. $.50 Due Prothy $1.00 Other Costs $114.53 Date: JULY 25, 2005 CURTIS R. LONG (Seal) ProthO~ ~ '--.Bv: /)/kl> ,P . 'O?~ Deputy REQUESTING PARTY: Name THOMAS I. PULEO, ESQUIRE Address: 660 SENTRY PARKWAY, SUITE 210 BLUE BELL, PA 19422 Attorney for: PLAINTIFF Telephone: 610-941-3600 Supreme Court ID No. 27615 Real Estate Sale # 16 On September 0 I, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as 68 Honeysuckle Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 01, 2005 I.: ( ,,' By: \jCc1Lf)0.AJ.C~ Real Estate Sergeant ~ ~ ~ LZ :b '<;j QZ lnr ~OOZ _' J >i THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law. deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to g 18 Market Street. in the City of Harrisburg, County of Dauphin. State of Pennsylvania. owner and publisher of The Patriot. News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street. in the City, County and State aforesaid; that The Patriot.News and The Sunday PatrlOt.News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever smce; 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 25th day(s) of October and the 1st and 8th 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 of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unammously 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 REAL ESTATE SALE No. 16 Wrft No. 2005-2905 Civil Term ABN Amro Mortgage Group, Inc. Ve Mary E. Whaley Ally: Thomas Puleo DESCRIPTION ALL TIIAT emrrAIN piece or parcel of land, situate in Silver Spring Township, Cumberland County, Pennsylvania, being bounded and described as follows, to wit: BEGINNING at a point on the North side of Honeysuckle Drive (50 feet wide) at the dividing line between Lots Nos. C)() and 91 on the hereinafter mentioned Plan of Lots; thence along the dividing liiae between Lots Nos. 90 and 91, North 10 degrees 39 minutes 14 seconds West, the di~of137jx)feet;lbenceNorth79degrees 20mmutes 46 secoodsEast, the distance of 68.50 feet; thence South 10 degrees 39 minutes 14 , seconds East., the distance of 137.00 feet to a point on the North side of Honeysuckle Drive' thence along the said side of Honeysuckle Driv; South 7? degrees 20 minutes 46 seconds W~st. the distance of 68.50 feet to a point, the Place of BEGINNlNG. BE~G Lot No. 91 on the Plan of Mulbeny Crossmg, as recorded in Plan Book 40, Page 142. HAVING THEREON erected a dwelling being known and numbered ~~ fiR Hnn""~n"l-l.. n..;.,'A S worn to and NOTARY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 . . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Curnberland 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 sarne as was printed in the regular editions and issues of the said Curnberland Law Journal on the following dates, V1Z: 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 staternents as to time, place and character of publication are true. r S TO AND SUBSCRIBED before rne this 28 day of October. 2005 NOTARIAL S Ai. LOIS E. SNYDER. Notary Pub!;c Carlisle Boro, Cumberland Counly My Commission Expires M3fCh 5, 2009 -."...-..--- REAL ESTATE SALE NO. 16 Writ No. 2005-2905 CM! ABN AMRO Mortgage Group, Inc. VS. Mal)' E. Whaley Atty.: Thomas Puleo DESCRIPTION ALL THAT CERTAIN piece or parcel of land. situate in Silver Spring Township, Cumberland County, Pennsylvania. being bounded and described as follows. to wit: BEGINNING at a point on the North side of Honeysuckle Drive (50 feet wide) at the dividing line be- tween Lots Nos. 90 and 91 on the hereinafter mentioned Plan of Lots; thence along the dividing line be- tween Lots Nos. 90 and 91, North 10 degrees 39 minutes 14 seconds West, the distance of 137,00 feet; thence North 79 degrees 20 min~ utes 46 seconds East, the distance of 68.50 feet; thence South 10 de- grees 39 minutes 14 seconds East, the distance of 137.00 feet to a point on the North side of Honey- suckle Drive: thence along the said side of Honeysuckle Drive. South 79 degrees 20 minutes 46 seconds West. the distance of 68.50 feet to a point. the Place of BEGINNING. BEING Lot No. 91 on the Plan of Mulberry Crossing. as recorded in Plan Book 40. Page 142. HAVING THEREON ERECTED a dwelling being known and numbered as 68 Honeysuckle Drive. Mechan- icsburg. Pennsylvania. TAX PARCEL #38-22-0144-094.