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Home My WebLink About05-3280 McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 Wachovia Bank, National Bank 123 South Broad St. 7th Floor, Witherspoon Building Philadelphia, PA 19109-1199 v. Attorney for Plaintiff Cumberland County Court of Common Pleas Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Number 0 6- ~ 3 J. 80 RD 1 Box 651 Three Springs, P A 17264 and Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner 126 South Side Drive Newville, P A 17241 and Brenda Femsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner 126 South Side Drive Newville, P A 17241 and Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner 126 South Side Drive New"Ville, PA 17241 and Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner 126 South Side Drive Newville, PA 17241 CIVIL ACTIONIMORTGAGE 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 wi theut 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 LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATJON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 AVISO Le han demandado a usted en la corte. si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la natif icacion _ Hace fal ta asentar una carparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forrra escrita sus defensas 0 SUS obj eciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previa aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y reguiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDlATAMENTE. SI USTED NO TIENE A UN ABOGADO, V A A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, EST A OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800~990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 Wachovia Bank, National Bank 123 South Broad St. 7th Floor, Witherspoon Building Philadelphia, PA 19109-1199 Attorney for Plaintiff Cumberland County Court of Common Pleas v. Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner RD I Box 651 Three Springs, PA 17264 and Number Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner 126 South Side Drive Newville, P A 17241 and Brenda Ferns1er, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner 126 South Side Drive Newville,PA 17241 and Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner 126 South Side Drive Newville, PA 17241 and Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner 126 South Side Drive Newville, PA 17241 CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Wachovia Bank, National Bank, a corporation duly organized under the laws of and doing business at the above captioned address. 2. The Defendant is Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and her last-known address is RD 1 Box 651, Three Springs, PA 17264. 3. The Defendant is Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and her last-known address is 126 South Side Drive, Newville, PA 17241. 4. The Defendant is Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and her last-known address is 126 South Side Drive, Newville, PA 17241. 5. The Defendant is Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and her last-known address is 126 South Side Drive, Newville, PA 17241. 6. The Defendants are Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner and the last-known address is 126 South Side Drive, Newville, PA 17241. 7. On 12/05/2003, Melvin S. Madden and Mary M. Madden made, executed and delivered a mortgage upon the premises hereinafter described to Plaintiff which mortgage is recorded in the Office ofthe Recorder of Cumberland County in Mortgage Book 1848, Page 2640. 8. On December 10,2004, Mary M. Madden departed this life at which point title vested solely in the name of Melvin S. Madden. On March 5, 2005, Melvin S. Madden departed this life. No estate has been raised as a result of the demise of Melvin S. Madden. 9. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A", inclusive of all dwellings, improvements, and appurtenances thereto and is known as 126 South Side Drive, Newville, P A 17241. 10. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/03/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 11. The following amounts are due on the mortgage: Principal Balance $ 114,670.59 Interest 10/03/2004 through 06/24/2005 $ 7,067.55 (Plus $ 26.67 per diem thereafter) Attorney's Fee $ 5,733.53 Late Charges $ 310.31 Corporate Advance $ 275.00 Cost of Suit $ 225.00 Appraisal Fee $ 125.00 Title Search $ 200.00 GRAND TOTAL $ 128,606.98 12. 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. Ifthe mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 13. Notice ofIntention to Foreclose as required by Act 6 of 1974 (41 P.S. 9403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 P A Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendants by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $128,606.98, together with interest at the rate of $26.67 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. TERRENCE J. Me Attorney for Plainti VERIFICATION The undersigned, Terrence J. McCabe, Esquire, hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 P A.C.S. 94904 relating to unsworn falsification to authorities. Jvv ,ft; 7 7cj Return To: ' Wachovia Bank, National Association Retail Credit SelVicino P.O, Box 50010 Roanoke, VA 24022 Parcel No: 31-12 -0330-030A Prepared By: THOMAS RAAB Wachovia Bank. National Association Retail Credft Servicina P,O. Box 50010 Roanoke, VA 24022 e;,~ HOBERT P ., RECORD~R~.IEGLER I " - . OF D"''''D . ""~i!ERLAIiD <'c S COUNTY _ - /; 'n3 DEe 16 Rf/i1 1'; O~ c , . MORTGAGE THIS MORTGAGE made this day 5 December. 2003 MELVIN S MADDEN MARY M MADDEN between the Mortgagor, (herein 'Borrower''), and the Mortgagee, Wachovia Bank, National Association, a national banking association organized and existing under the laws of the United states of America, whose address is Wachovia Bank, National Association, 301 South College Street, NC 0630, Charlotte, North Carolina 28288-0630 (herein "Lender"), WHEREAS. Borrower is indebted to Lender in the principal sum of U.S.$ 114670.59 which indebtedness is evidenced by Borrower's Note dated 12/05/03 and extensions, modifications and renewals thereof (herein "Note"), providing for monthly installments of principal and interest, with the balance of indebtedness, if not sooner paid, due and payable on 01/03/34 TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the payment. of all other sums, with interest thereon. advanced in accordance herewith to protect the security of this Mortgage; and the perfonnance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and _y 10 Lender the following described Property located in the County of CUMBERLAND , stale of Pennsylvania: DEED OATE:04l12172 RECORDEO: 04l12/72.BOOKIINST: 0-24 PAGE: 501 PARCEL/TAX ID #:31-12-0330-030A TWPIBORO:PENN TOWNSHIP which has the address of 126 SOUTHS IDE DR NEWVILLE PA 17241 and Parcel No. 31-12-0330-030A (herein "Property Address"); TOGETHER with all the improvements now or hereafter erected on the Property, and all easements, rights. appurtenances and rents all of which shall be deemed to be and remain a part of the Property covered by this Mortgage; and all of the foregoing, together with said Property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the 'Property." Any Rider ("Rider") attached hereto and executed of ewn date Is incorporated herein and the covenants and agreements of the Rider shan amend and supplement tile covenants and ~_."~ .,,," "''''', n'~ -,_. ".''''''E. xh i bit A. 536S66 (Rev 06) BK \ 848 PG 2 6 4 0 (2/02J PA Mortgage 0331401598 " , Borrower covenants that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and, convey the Property, and that the Property is unencumbered. except for encumbrances of record, Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1, Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note. This Mortgage secures payment of said Note according to its tenns, which are incorporated herein by reference. 2. Prior Mortgages and Peeds of Trust; Charges; Liens. Borrower shall perfonn all of Borrowe~s obligations, under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrowe~s covenants to make payments when due, Borrower shall payor cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any, 3. Hazard Insurance. a) Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage: and any other hazards, including but not limited to floods, for which Lender requires insurance, This insurance shall be maintained in the amounts and for the periods that Lender requires, The insurance carrier providing the insurance shall be chosen by Borrower subject to Lende~s approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above. Lender may, at Lende~s option, obtain coverage to protect Lende~s rights in the Property in accordance with section 5, b) All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgagee clause, Lender shall have the right to hold the policies and renewals, If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices, In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender, Lender may make proof of loss if not made promptly by Borrower. c) Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lende~s security is not lessened, If the restoration or repair is not economically feasible or Lende~s security would be lessened, the insurance proceeds shall be applied to the sums secured by this Mortgage, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim. then Lender may collect the insurance proceeds, Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Mortgage, whether or not then due. The 30-day period will begin when the notice is given, d) Except as provided in subsection 3(e) below, should partial or complete destruction or damage occur to the Property, Borrower hereby agrees that any and all instruments evidencing insurance proceeds received by Lender as a result of said damage or destruction, shall be placed in a non-interest bearing escrow account with Lender. At Lende~s discretion, Lender may release some or all of the proceeds from escrow after BOrrower presents Lender with a receipt(s), invoice(s), written estimates(s) or other document(s) acceptable to Lender which relates to the repair and/or improvements of the Property necessary as a result of said damage and/or destruction. Absent an agreement to the contrary. Lender shall not be required to pay Borrower any interest on the proceeds held in the escrow account. Any amounts remaining in the account after all repairs and/or improvements have been made to Lende~s satisfaction, shall be applied to the sums secured by this Mortgage. Borrower further agrees to cooperate with Lender by endorsing all checks, drafts and/or other instruments evidencing insurance proceeds and any necessary documents, Should Borrower fail to provide any required endorsement and/or execution 536666 (Rev 06) 2 BK I 8 4 8 PG 2 6 4 I (2102) PA Mortgage @" ,'(,>-" ."...... , within 30 days after Lender sends Borrower notice that Lender has received an Instrument evidencing insurance proceeds, or document(s) requiring Borrower's signature, Borrower hereby authorizes Lender to endorse said instrument and/or document(s) on Borrower's behalf, and collect and apply said proceeds at Lender's option, either to restoration or repair of the Property or to sums secured by this Mortgage. It Is not the intention of either party that this escrow provision, and/or Lender's endolSement or execution of an instrument(s) and/or document(s) on behalf of Borrower create a fiduciary or agency relationship between Lender and Borrower. e) Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in sectlon 1 or change the amount of the payments. If under section 15 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Mortgage. 4. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commK waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condomilium or a planned unK development, Borrower shall perform all of Borrower's obligations under the Declaration of covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 5. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any ac:lion or proceeding is commenced which materially affects Lender's interest in the Property, then Lender. at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such ac:lions as Is necessary to protect Lender's interest. Any amounts disbursed by Lender pursuant to this section 5, with interest thereon from the date of disbursal. at the Note rate, shall become additional Indebtedness of Borrower secured by this Mortgage. .Unless Borrower and Lender agree to other terms of payment, such amounts shaU 'be payable 'upon notice from Lender to Borrower requesting payment thereof. Nothing contained In 'this section 5 shall require Lender to incur any expense or take any ac:lion hereunder. ' . 6. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property. provided that Lender shall give Borrower notice prior to any such Inspection specifying reasonable cause therefore related to Lender's interest in the Property. . 7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, In connection with any condemnation or other taking of the Property, or part thereof, or for conveyance In lieu of condemnation, are hereby assigned and shall be paid to Lender subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has pliority over this Mortgage. 8. Borrower Not Released; Forbearance By Lender Not a Waiver. Borrower shall remain liable for full payment of the prinCipal and interest on the Note (or any advancement or obligation) secured hereby, notwithstanding any of the following: (a) the sale of all or a part of the premises; (b) the assumption by another party of Borrower's obligations hereunder; (c) the forbearance or extension Of time for payment or performance of any obligation hereunder, whether granted to Borrower or a subsequent owner of the Property; and (d) the release of all or any part of the premises securing said obligations or the release of any party who assumes payment of the same. None of the foregoing shall In any way affect the full force and effect of the lien of this Mortgage or impair Lender's right to a defICiency judgment Qn the event of foreclosure) against Borrower or any party assuming the obligations hereunder, to the extent permitted by 538666 (Rev 06) 3 (2J02)PA_ BK I 8 4 8 PG 2 6 4 2 , applicable law. Any forbearance by Lender in exercising any right or remedy hereunder or otherwise 'afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 9. Successors and Assigns Bound; Joint and Several Liability; Co-signers. Borrower covenants and agrees that Borrowe~s obligations and liability shall be joint and several. However, any Borrower who co-signs this Mortgage but does not execute the Note (a "co-signer"): (a) is co-signing this Mortgage only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Mortgage; (b) is not personally obfJgated to pay the sums secured by this Mortgage; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or ma~e any accommodations with regard to the terms of this Mortgage or the Note without the co-signer's consent. Subject to the provisions of section 14, any Successor in Interest of Borrower who assumes Borrower's obligations under this Mortgage in writing. and is approved by Lender, shall obtain all of Borrowers rights and benefits under this Mortgage. Borrower shall not be released from Borrower's obligations and liability under this Mortgage unless lender agrees to such release in writing. The covenants and agreements of this Mortgage shall bind and benefrt the successors and assigns of Lender. 10. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by first class mail addressed to Borrower or the current owner at the Property Address or at such other address as Borrower may designate in writing by notice to Lender as provided herein, and any other persons personally liable on the Note as their names and addresses appear in Lenders records at the time of giving notice and (b) any notice to Lender shall be given by first class mail to Lenders address al Wachovia Bank. National Association, Retail Credn Servicing, P.O. Box 50010. Roano~e, VA 24022 or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 11. Goveming Law; Severability. The state and local laws applicable to Ihis Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limrt the applicability of federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with appiicable law, such conflicts shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Nole are declared to be severable. As used herein "costs: "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or Iim~ed herein. 12. Borrowe(s Copy. Borrower shall be fumished a conformed copy of the Note, Ihis Mortgage and Rider(s) allhe time of execution or afler recordation hereof. 13. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair or other loan agreement which Borrower enters into with Lender. Lender, at Lende~s option, may require Borrower to execute and deliver to Lender. in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 14. Transfer of the Property or a Beneficial Interest in Borrower; Assumption. As used in this section 14, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed. installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender'S prior written 536666 (Rev 06) . (2102)?A Mortgage BK I 8 4 8 PG 2 6 4 3 /t:'1i i;'. " . . consent. Lender may require immediate payment in full of all sums secured by this Mortgage. However, 1his option shall not be exercised by Lender if such exercise is prohibited by federal law. If Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shaU provide a period of not less than 30 days from the date the notice is given in accordance with section 10 within which Borrower must pay all sums secured by \his Mortgage. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invOke any remedies by this Mortgage without further notice or demand on Borrower. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 15. Default; Acceleration; Remedies. Upon Borrowers breach of any covenant or agreement of Borrower in this entire Mortgage, including the covenants to pay when due any sums under the Note secured by this Mortgage, Lender. at Lenders option, may declare all of the sums secured by this Mortgage to be immediately due and payable without demand or notice. notice of the exercise of such option being hereby expressly waived. Lender may invoke \he power of sale hereby granted. Lender shall have the right to enter upon and take possession of the Property hereby conveyed or shall without taking such possession have the right to sell the same at public auction for cash, after fjlSt giving notice of the time. place and tenns of such sale by publication once a week for three consecutive weeks prior to said sale. in some newspaper published in said county. and upon payment of the purchase money, Lender. or owner of the debt and this Mortgage, or auctioneer. shall execute to the purchaser for and in the name of Borrowers. a good and sufficient deed to the Property sold. Lender shall apply the proceeds of said sale: first, to the expense of advertising. selling and conveying said Property, including a reasonable attomey's fee; second. to the payment of any amounts that may have been expended or that may then be necessary to expend in paying insurance. taxes and other encumbrances. with interest thereon; third. to the payment in full of the principal indebtedness and interest thereon, whether the same shall or shall not have fully matured at the date of said sale, but no interest shall be COllected beyond \he date of said sale; and fourth. the balance, if any, shall be paid over to said Borrowers or to whomever then appears of record to be the owner of said Property. Lender may bid and become the purchaser of the Mortgaged Property al any foreclosure sale herelJl1der. 16. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the su"'s secured by \!Jis.. Mortgage, Borrower shall have the right to have any proceedings begun by Lend!ir. to" enforce thls . Mortgage discontinued if: (a) Borrower pays Lender all sums which then would be due . under this Mortgage, the Note and Notes securing Future Advances, if any, had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enfOrcing \be covenants and agreements of Borrower contained in this Mortgage, and in enfOrcing Lender's remedies as provided in section 15 hereof, inCluding, but not limited 10, reasonable attorneys' fees; and (d) Borrower takes such action, as Lender may reasonably require to assure that \he tien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower. this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 17. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that so long as Borrower is not in defautt hereunder, BOlTOwer shall, prior to acceleration under section 15 hereof or abandonment of the Property. have the right to collect and retain such rents as they become due and payable. Upon acceleration and/or foreClosure under section 15 hereof, or abandonment of the Property, Lender, in person or by agent, shall be entllled to enter upon, take posseSSion of and manage the Property and to collect the rents of the Property inCluding those past due. Lender shall be liable to account only for those rents actually received prior to the foreclosure sale as provided in section 15. Lender shaJJ not be liable to 536666 (Rev 05) . (2Al2) PA Mortgage BK I 8 4 8 PG 2 6 4 4 (.' account to Borrower or to any other person claiming any interest in the Property for any rents received aller foreclosure. 18. Loan Charges. If the loan secured by this Mortgage is subject to a law which sets maximum loan charges. and that law is finally interpreted so that \he interest or other loan charges collected or to be collected in connection with the loan exceed permitted Iim~s. then: (a) any such loan charges shall be reduced by the amount necessary to reduce the charge to the permitted limit and (b) any sums already collected from Borrower which exceeded permitted Iim~s will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by mailing a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment under the Note. 19. Legislation. If. aller the date hereof. enactment or expiration of applicable Jaws have the effect either of rendering the provisions of the Note. this Mortgage or any Rider. unenforceable according to their terms. or all or any part of lhe sums secured hereby uncollectible. as otherwise provided in this Mortgage or the Note, or of diminishing the value of Lenders security. then Lender. at Lender's option, may declare all sums secured by this Mortgage to be immediately due and payable. 20. Satisfaction. Upon payment of all sums secured by this Mortgage. the conveyance of the Property pursuant to this Mortgage shall become null and void and Lender shall release this Mortgage. Borrower shall pay all costs of recordation. if any. Lender. at Lender's option, may allow a partial release of the Property on terms acceptable 10 Lender and Lender may charge a release fee. 21; Waiver of Homestead. Borrower hereby waives all rights of homestead exemption in the Property and relinquishes all rights of dower and curtesy in the Property. 22. Hazardous Substances. Borrower shall not cause or permit the presence. use, disposal, storage. or release of any Hazardous SubStances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that Is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use. or storage on the Property of small Quantmes of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation. claim. demand. lawsuit, or other action by any govemmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of wI1fetI Borrower has actual knowledge. If Borrower learns, or is notified by any govemmental or regulatory authority, that any removal. or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this section 22, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other fiammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, male rials containing asbestos or fonnaldehyde, and radioactive materials. As used in this section 22, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located thaI relate to health, safety, or environmental protection. 536666 (Rev OB) 6 BK I 8 4 8 PG 2 64 5 12/02) PA """llago t~.~ ~T,:-n: . ~-,' . . REQUEST FOR NOTICE OF PEFAUL T AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a Hen which has priority over this Mortgage to give Notice to Lender at Wachovia Bank, National Association. Retail Cred~ SelVicing, P.O. Box 50010, Roanoke, VA 24022 of any default under the supe1ior encumbrance and of any sale or other foreclosure action. IN WITNESS WHEREOF, Borrower has executed this Mortgage and adopted as his seal the word ("SEAL") appearing beside his name. Signed, sealed and delivered by: [SEAL] I '.IU!y [I,i:; to be recorded III Cumberland County PA . _' '. ......~_:.....,- ..d '2 -- .,1' :i' .' ".~~J' 7 /"17'-<-- ;," :-5-, ...1. .. ~ 1.. ~.:~/ "" Recorder of Deeds [SEAL] [SEAL] Borrower MARY M MAODEN Borrower [SEAL] Borrower It is hereby certified that the address of Lender (Mortgagee) is: Wachovia Bank. National Association. 301 South Colleae Street. NC 0630. Charlotte. North Caronna ,,,..,,,,. ~ Signature of Lender's emplovee ve~tying true and correct residence:. ~ Ie X ~ State of f::I1I"1S~/'/&I1( cv. ..' County of Cl.JYY\obu'(~ . /tf, d On thiS, the <> ayof the undersigned, personally appeared /l7tu.lttC.I'--n I ~.m de. :fJ add ~ k ~/s h4!r:-'" known to me (or satisfactorily prove~e the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that ::}..he-+ executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and offiCI seal. , , , Notarial Seal Pamela Jo Kerstener. Notary Public Cartisle Bora, Cumberland COUnty My Commission Expires Dec. II, 2003 Member, PennsylVaruaAssocl8tiOn Of Notaries (Place NotaJ)' Stamp Here) 535666 (Rev OS) 7 (2102) PA Mcf1gago 03314D1598 BK I 8 48 PG 2 6 It 6 ~ ~ ~ ~ r'\ ~ {;' - ~ 6" 1\ ~ v, ~ "" c )J 00 ~ ;'; 1"'-,) _) n ~~.; ~1 c--: t.n .-1 C_ T ~:4; (':-1 -,. ( '" -J -n ~- J I.- -'~J .,~ C) .<. =< w 0) ..-\ McCABE, WEISBERG AND CONWAY, P. C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Att:orney for Plaintiff WACHOVIA BANK, NATIONAL BANK CUHBERLAND COUNTY COURT OF COMMON PLEAS v. SANDRA GUTSHALL, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and BONNIE FRAKER, KNOWN SURVIVING HEIR FO MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and BRENDA FERNSLER, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and DONNA PARK, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED MORTGAGOR AND REAL OWNER and UNKNOWN SURVIVING HEIRS OF MELVIN S. MADDEN, DECEASED MORTGAGOR AND REAL OWNER NUI'1BER 05-3280 MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, Wachovia Bank, National Bank, by its counsel, moves this Honorable Court for an Order directing service of the Complaint and of all subsequent notices and pleadings that require personal service, including Notice of Sheriff's Sale upon Defendant, Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner by mail and by posting the mortgaged premises and by publication and in support thereof, avers the following: 1. Melvin S. Madden was an individual and is the sole record owner and mortgagor of the premises that is the subject of Plaintiff's action in Mortgage Foreclosure. 2. Melvin S. Madden is deceased, having departed this life on March 5, 2005. No estate or administration has been opened as a result of the demise of Melvin S. Madden and Sandra Gutshall, Bonnie Fraker, Brenda Fernsler and Donna Park are the only known surviving heir of the decedent. Accordingly, Sandra Gutshall, Bonnie Fraker, Brenda Fernsler, Donna Park and Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner have been named as Defendants to this foreclosure action. 3. The premises that is the subj ect: of this mortgage foreclosure action is 126 South Side Drive, Newville, PA 17241 and is the last known address of the decedent. 4. Pursuant to Pennsylvania Rules of Civil Procedure 430(a), Plaintiff has made a good faith effort to locate said Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto, made a part hereof and marked as Exhibit "An. 5. Pursuant to Pennsylvania Rule of Civil Procedure 430(b) (2), service upon Unknown Heirs may be made by publication. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430(a) (b) (1) and the 3129(b) (2) (I) (A) directing service of the Complaint and of subsequent Notices and pleadings that require personal service, and Plaintiff further rEquests that the Notice of Sheriff Sale be made by the Sheriff pursuant to Pa.R.C.P. 3129.2(D) without the need for publication by the Plaintiff. McCabe, Weisberg & Conway, P.C. BY:~~/ //-r./ad TERRENCE J. McCABE, ESQUIRE McCABE, WEISBERG AND CONWAY, P. C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (:215) 790-1010 At'torney for Plaintiff WACHOVIA BANK, NATIONAL BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS v. SANDRA GUTSHALL, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and BONNIE FRAKER, KNOWN SURVIVING HEIR FO MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and BRENDA FERNSLER, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and DONNA PARK, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED MORTGAGOR AND REAL OWNER and UNKNOWN SURVIVING HEIRS OF MELVIN S. MADDEN, DECEASED MORTGAGOR AND REAL OWNER NUMBER 05-3280 MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 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 nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Furthermore, Pennsylvania Rule of Civil Procedure 430 (b) (2) specifically provides: ., (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. Plaintiff has named Sandra Gutshall, Bonnie Fraker, Brenda Fernsler, and Donna Park as Defendants in this action as known heirs of Melvin S. Madden. However, Plaintiff has been unable to identify and/or locate additional heirs of Louise Adamson. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430(a) (b) (1) and the 3l29(b) (2) (I) (A) directing service of the Complaint and of subsequent Notices and pleadings including the Notice of Sheriff's Sale upon Defendant, Unknown Surviving Heirs of Roxie J. Luzier , Deceased Mortgagor and Real Owner, by mail and by posting of the mortgaged premises and by publication. ~#u~p ,.J /P:/r::.(:'? TERRENCE J. McCABE, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff WACHOVIA BANK, NATIONAL BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS v. SANDRA GUTSHALL, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and BONNIE FRAKER, KNOWN SURVIVING HEIR FO MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and BRENDA FERNSLER, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and DONNA PARK, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED MORTGAGOR AND REAL OWNER and UNKNOWN SURVIVING HEIRS OF MELVIN S. MADDEN, DECEASED MORTGAGOR AND REAL OWNER NUMBER 05-3280 AFFIDAVIT OF GOOD FAITH INVE:STIGATION I, Terrence J. McCabe, Esquire, hereby aver and swear that I am the attorney of record for the Plaintiff, Wachovia Bank, National Bank, as Trustee in this action and a licensed member of the Bar of this Commonwealth and that I am authorized to execute this Affidavit on behalf of Plaintiff. I further aver and swear that the following inquiries Exh\b\t A have been made in an effort to discover the whereabouts of Defendant, Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner in this action. 1. The Decedent died while he was a resident of the City of Newville and while residing in Newville, Pennsylvania, as indicated by his death certificate attached hereto, made a part hereof and marked as Exhibit "B". 2. Plaintiff has conducted a search of the records of the register of Wills in and for the County of Cumberland the last known residence of the decedent but no letters testamentary or letters of administration have been granted to settle the estate of Melvin S. Madden, deceased. 3. Plaintiff has obtained a property search of the mortgaged premises, 126 South Side Drive, Newville, PA 17241 which indicates that the record owner of the premises is Mary M. Madden, deceased and Melvin S. Madden A true and correct copy of said property search is attached hereto, made a part hereof and marked as Exhibit "C". 4. Plaintiff has communicated with the Martin R. Brown Funeral Horne (listed on the death certificate) by telephone in an effort to obtain information regarding the identity and whereabouts of the heirs, devisees and/or personal representatives of Mevlin S. Madden, deceased but such efforts were unsuccessful. 5. Defendants, Sandra Gutshall, Bonnie Fraker, Brenda Fernsler and Donna Park are the only heirs of Melvin S. Madden known to Plaintiff. No other heirs are known. Sworn to and subscribed this /:j6'day of July, 2005. McCabe, Weisberg & Conway, P.C. ~ ffi~ ,0. (~~~_,b QJ . TARY PUBLIC By: ~;::-#?-P ~./~~ TERRENCE J. McCABE, ESQUIRE f'-JOTM~it.:.L 1;::::.",1.. GLOR;.,~ D ',." Hl05:,,05 REV.(Ol/04) T.11is is' to.certifY that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records In accordance with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953. WARNING: It is illegal to duplicate this copy by photostat or photograph. ~ (JJ..)/~ No. Charles Hardester State Registrar Calvin B. Johnson, M.D., M.P.H. Secretary of Healrh 3459892 MAY 0 5 2000 Date ~INT \D COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH 027392 HW5.'4J~.2181 lENT 'N. tUlMEOf"DECEDENT(F~.,_,L_1 ". SWEFU_~ SOCI.....SECURITYNUM&e~ O,,",E Of DERIt,IolcnItI. o.~. ._1 .. .. AOElL"~ UNDER , YEAR - ..,. UNDER I OM ........1-- 8llmlf'I..ACE{Coly_ _oofor-.gnCoulrr'l'l Cromwell Twp., 2. I. fIVoCEOPOEoltJ.l/CNo:lcOl'ly~__>I\SI'...cIoOr>S"""""'''' """",. _0 ::"'rlO AACE."-.............'MIll4o.ek. - 86 '" ""'""'''''''''' .. C\.mt)er land }-I OECEOENT'S U$UAl. OCCUl'l'lJlOH ~-=::~c:-~..,. 11.. larorer ,..onstruction DECEDENT'S MAIlMG ADORESS (SIr". 0IyIbwn. SluM. Zop~ CEOENrS ""..... ...- - -- k. carlisle __.Sarah A. Todd IONDOP8USINESS/lHDUSTJIY "MSDECEOENTEV'ERIN U.S.ARMEOFOACf:S7 .....OND~ ... white -"""" (11......___ 126 S. Side Drive ... Newville, PA f'RMEJrSNoWE (F".....-.. L..., II. Levi Madden N't'lfWNfrSNNllE(T~ sandra Gutshall METttODC:l-DISf'OSl11ON .....xx __ 0 0..-00 0IIlI0' lSI-J. , 11.. $laM ow - .... Currberland -.Np7 luXX::"-=:':::", MOTHEI't'S NAUE/Firol Moadlrr."'--'s...n.n.) 1.. Kath Smith INFQAMAHrSIMllMQ.uN:IRESS~~. SiUM. ZipCodllI 1 Box 651, 'Ihree S ri s, PA 17264 fIVoCE OF lllPl:ISmOP4. No.... '" c-.". c....-y l.OCR1OH.CIIyfTown. s... ZI!t~ --- MAAITAlSWUS.__ ~__WIolooooMl. -- ,... widowed ,7c.O__....... ... ,. .... Npwvi1J~ _, .,b..-. ___"-SlMeO ".!I V HMlEMIOI SSOFF.lO.JTY Martin R. Brown Funeral """"'....... Home orbison ' a """ ..... .D.y-.-I ....' PA 17243 l/oIonltI.o.y.'IW) ~ MS CASE AEf'EAAEO 10 MEDICA&. ElWIIlHE ...0 ~ "CI_Dl1eopif~.rrnl._Dl~1aJw... ... ,- '-- l-_.... , , , ~q MRTI: Oltwr........COIOCIIiooIaconlllllullne.._.1Iut _--.....~___..PMTI. ! : .,""'~ M-1.1t'UUlJr--..( 'YO!""""'':'" C~ASACONSEaUE"'NOt"OF)". OUEJDP'lASIl.CCHlEOUt:NCEOflt' ~ IS"I'<-'-A-<It:- cPH</-l.O"'?"p"-7"'"1 DUElO(ORM.ACONSEOUENCEOF), T --------.. """""'........ MANNlEROFOERH .....-. ....... lS "''''''''' - 0 oomn - -- 0 ,........~.... 0 ...0 ~O -- 0 CouId_tIoI~ 0 """"'''''''''' (foiIonlh.o.y._. TIMEClf'lHJlJAV IfItJUfIYR'M;lAl("t CESCAIllE~INJURYOCCUAREO. ... 0 HaD N. I3,J J,R~I n .... aan....lO**......<>'lel 'C8nIF'nMQI'ffYSICl""l~~"""d___phvooc:_....pr"""'''",,",,__Co'''Ph''edn",,,2JI ToI"'__"-r~''''''_'''''''~.I'''''''''_''_..........",......,..""..... ... PlACEOF~y.",,,,,,._._.--...ollite -"ek.1SpacoIwI .... '''0' C ~IGANI)CMT~","ICu.N~l>oIhpr""""""t(Ig__~IO~ol_'N To"_"'''''~'-_'''''.....d.w._,......_dutolcl''''-<.I.''''''''"''''''_''''' ........... ............... On"'~".~andlorm...llgatioft,lnmyopinion,d.IItloOQCU"""allllelioM.6It1..andpl"'.,ancld"'Iou..""'M(.JUId __NWd........... ................. ......... ..... ................ ...... .................................. ". "'" o Exh\b\t B ~. -It! ;;l<XJs" ...~g;;-TI Katie Prz:ybxsilewski- Madden, Melvin & Mary.doc TITLE COMMITMENT Date of Search 0510112005 Sench As Of 04/2211005 Co~le. ES Title Agency, lae. 3000 Rte 73, Suite 107 our GRentree Center .rlton, NJ 08053 - 850-985-3348 - 856-985-3342 Re IUDD.X, IIlIIlLVUI. 1IDD1i', IlARY IIlI ..cu_, __.... c..w.,./....:w,IU'___l_'JCI~.. 126 aoUTR 8lD1 .EnILt.aPA1T'M1 County CV....L.UD 'l'I'tL8C<:Na'1'lGN't UBJECT TO AND IN COMPLIANCE WITH ALL CONDITIONS AS OUTLINED ON STANDARI) COVER PAGE AS SET FORTH IN UR STANDARD TITLE POLICY, SCHEDULE A SEARCH DATE: 05/01/2005 SEARCH AS OF: 1)4/22/2005 PROPOSED INSURED: U TO BE DETERMINED U ITS SUCCESSORS AND/OR ITS ASSIGNS AMOUNT FINANCED: ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS COMMITMENT AND COVERED HEREIN IS: TITLE VESTED (GRIUlTEEI: ADDRESS: MELVIN g. HADDEN ANO HARY H. HADDEN, HUSBAND AND WIFE 126 SOUTH SIDE NE:WVULE, FA InH ROONEY E. FRAKER AND BOHNIE L. FRAKER, HUSBAND AND WIFE PREVIOUS OWNER (GRANTOR): DATED: 04/12/1\172 RECORDED: 04/12/1972 DBV' PAGEl 024.-507 LEGAL DESCRI PTION: CONSIDER.I\.TION: $1.00 ALL THAT CERTAIN TRACT OF LAND SITUATED IN PENN TOIrINSHIP CUMBERLAND COUNTY PENNA., HORE PARTICULARLY BOONDED AND DESCRIBED AS fOLLOWS: BEGINNING AT A SPIKE IN THE CENTER OF TOWNSHIP ROAD 349, SAID POINT BEING THE SOOTHEAST CORNER or LANDS OF GEORGE H. SHllGHART; THENCE ALONG LIlNDS OF GEORGE H. SHUGHART NORTH 3 DEGREES 14 HINOTES EAST 275 FEET TO A BIG TREE WITH AN IRON SPIKE; THENCE ALONG OTHER LANDS OF THE GRANTORS HEREIN EAST 765.5 FEET TO A STEEL PIN; THENCE ALONG LANDS OF THE GRANTORS HEREIN SOOTHE:.AST 223 FEET TO A POINT IN THE CENTER OF THE AFORESAID TOWNSHIP ROAD; THENCE AlONG THE CENTER OF THE AFORESAID TOWNSHIP ROADI SOOTH 54 DEGREES 06 HINOTES WEST 30.0e FEET TO A SPIKt IN THE CENTER or TOWNSHIP ROAO; THENCE CONTINUING ALONG SAID TOWNSHIP ROAD, SOUTH 64 DEGREES 42 HINUTES (0 SECONDS WEST 123.92 FEE'!' TO A SPIKE, THE POINT AND PLACE OF BEGINNING. BEING THE SAKE PROPERTY CONVEYED TO MELVIN S. MADDEN AND MARY M. MADDEN, HUSB1IND AND WIFE BY DEED FRCtl RODNEY E. FRAKER AND BONNIE L. FR1\XER, HUSBAND AND WIFE RECORDED 0(/12/1972 IN DEED BOOK 024 PAGE 507, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA. TAX ID' 31120330030A SCHIDOLE B - SICTION I INSTRUMENTS IN INSURABLE FORM WHICH MUST BE EXECUTED, DELIVERED JlND DULY FILED FOR'RECORD: 1. PROPER MORTGAGE FRQol: MELVIN S. HAODtN AND MARY M. HADDEN, IN FAVOR or TO BE OETERMINEO ... EXHIBIT U~C' ~::tie PrZJbYSileWski: M~d"den, Me.1vin 8. tI.111ry,doc ,F'a.ge ~ Date or Search 0510112005 TITLE COMMITMENT SemhA,or 0412212005 Code B Cost PAGE: 2 ES Title Agency, Ioe. 3000 Rte 73, Suite 107 our Greentr<< Center .rlton, NJ 08053 - 856-985-3340 - 856-985-3342 Re MADDH, IUl.YII. IIIADDH,IIO'!. l:MIlOUTHIIDK 'nYlLurA 17:141 County CUIlA.~ Z. REQUIREMENTS: 1. IF ANY I'K)RTGAGES ON SCHEDULE B, PART II, SHOW '~HE MORTGAGE: TO BE AN INDIVIDUAL, DES REQUIRES A COPY OF A PROPERLY EXECUTED SATISF'ACTION OF MORTGAGE TO RE:HOVE THE MORTGAGE FRCfol THE fINAL TITLE POLICY. DES WILL NOT ACCEPT A COPY OF A PAYOrf CHECK TO CLFAR 'l'ITLE. 2, IF THE TRANSACTION TO BE INSURED IS A DEED TRANSFER, DES REQUIRES THAT A NOTICE OF AVAILABILITY BE EXECUTED BY THE BUYERS. 3. IF ANY MORTGAGES ON SCHEDULE S, PART II, ARE OPEN END OR CREDIT LINE MORTGAGES, DES REQUIRES A PAYOFF LETTER SIGHED BY THE BORROWERS AUTHORIZING THE CLOSING OF THE ACCOUNT. ICR&DULII... .acTlO. 11 THE FOL~ING M!'l.TTERS WILL BE SH""N AS f.XCEE'TIONS FRQoI COVERAGE ON ~'OUR TITLE INSURANCE POLICY UNLESS DISPOSED or TO 7HE SATISFACTION or THE CCMPANY. 1. RIGHTS OR CLAIMS OF PARTIES OTHER THAN INSURED IN ACTUAL POSSESS!o:lN OF ANY OR ALL OF THE PROPERTY. 2. UNRECORDED E:ASEHENTS, DISCREPANCIES OR CONrLICTS IN BOUNDARY LINES, SHORTAGE IN AREA AND ENCROACHMENTS WHICH AN ACCURATE AND COMPLETE SURVEY WOULD DISCLOSE. J. POSSIBLE ADDITIONAL ASSESSMENTS roll. TAXES, EITHER PROSPECTIVE OR RETROACTIVE FOR ANY NEW CONSTRUCTION OR FOR ANY MAJOR IKPROVD1ENTS HTl.DE PURSUANT TO PROVISIONS OF ,Il,CTS OF ASSEMBLY RElATING THERETO. 4. COAL AND MINING RIGHTS AND ,Il,LL RIGHTS AND PRIVILEGES INCIOENT TI) THE MINING OF COAL HERETOFORE CONVEYED OR RESERVED BY INSTRUMENTS 0:, RECORD! RIGHT OF SURFACE LATERAL OR SUBJACENT SUPPORT) OR AIH SURFACE SUBS I DENCE. 5. WATER AND SEW,Il,GE CHl\RGES, IF ANY. 6. UNf'ILED MUNICIPAL CLAIMS, IF ANY. 7. UNf'ILED MECHANICS LIENS, IF ANY. 8. COVENANTS, CONDITIONS, RESTRICTIONS,EASEMENTS AND RESERVATIONS OR LEASES or MINERALS OR MINERAL RIGHTS, IF ANY, APPEARING or PUBLIC RECORD. THIS POLICY INSURES THAT THE USE OF THE LAND FOR RESIDENTIAL ONE TO FOUR FAMILY DWELLING PURPOSES IS NOT AFFECTED OR IMPAIRED BY REASON or THE ,Il,FORSMENTIONED MATTERS. 9. MORTGAGE RECORD: IMOaTGAGEcc:tnAINED U TBU RJ:PORT r Kati<:l?rz1~yszewski - Madden, Melvin & _l;I1llrydoc .-----~..~--p;;ge-31 r- ..- TITLE COMMITMENT D. h o<mlnllO< Search As Of 04/2212005 COdllB PAGE, 3 ES Title Agency, IDe. 3000 Rte 73, Suite 107 our Greentree Center !\tarlton. NJ 08053 - 856-~85-3340 - 856-~85-3342 Re IUDD", .&LVI.. IUDDP. MAll,.. lM.-ovT1IIID. .nvJI,UP"tnll41 County CUMHlau4ID DEED OF TRUST/MORTGAGE rROM MELVIN S. HADDEN AND MARY H. HADDEN TO WACHOVIA BANK HA, DATED 12/05/2003, RECORDED 12/16/2003, IN BOOK 1848, PAGE 2640, IN THE AMOUNT OF $114,610.59. FUTURE ADVANCE MORTGAGE: NO 10. JUDGMENT RECORD NONE 11. SECURED TRANSACTION NONE 12. TAX RECORD SEll TAX CERTIFICATE 13. ASSESSMENT LAND: BUILDING: TOTAL: RECORD $ 34,000.00 $ 11,540.00 $ 51,540.00 14. DOMESTIC RELATIONS RECORD NONE THIS TITLE COMMITMENT WILL EXPIRE ON 08/01/2005. --pag~ ~ I ,-- 'e... .' -,' .... '" j Katie P.rz1byszewski - Madden, Melvin & Mary..doc l.-.~_". -,- . . '- " ." ... . . ,-.. TITLE COMMITMENT Da Inn.... Search As Of 04/2212005 COdll8 PAGE: 4 ES Title Ageney, Inc. 3000 Rte 73, Suite 107 our Greentree Center l1,rU.n, NJ 08053 - 856-985-3340 - 856-985-3342 R. ~DICJI,JG:LVI1l8 tu.DDI:JI, MARY H 126 SOUTH nps lIICJlVILLE fA llHl County """"""" PA C\:aIberland COunty RJXXR)DfG DIFOIlMATIct:I id:2493-PA025-42D41-Q4-96 Mdreas: US Postal Service D8l.iveq Courier Deli~ Attn: Real Estate Recording Cumberland County Recorder of Deeds county Courthouse 1 Courthouse Square carlisle. PA 17013 Phone: (EST) 717_240-6170 Make Check. Payable '1'0: CUltberland CourthouM Houn: eAM~4: 30m Atto: Real Estate Recording Cumberland County Recorder of Deeds County Courthouse 1 Courthouse Square Carlisle. PA 17013 v.x: 717-240-6490 County Recorder of Deeds Bade ftacord.i.ng' Pees: oeed!Mortqage $36.50 up to and including four pages $38.50 un to and includina four oacres Amendment/Modification $28.50 up to and including four pages Assignment $28.50 up to and including four pages satisfaction Piece with IOOrtqage $28.50 up to and including foUr pages (see note 2) Additional Recorclli'lq he_: Additional paqes and attachments $2.00 per additional paqe after the first four Indexina fee $0.50 oer name after first four Paqes larqer than 8 l/2~ by 14~ not aCcepted Affidavit of Value with deed $1.00 per affidavit Transfer and. Financing rea_/Taxa_: State Realty Transfer Tax 1% of consideration or fair market value Local Realty Transfer Tax l' of consideration or fair market value Pay each tax and the recording fees with three separate checks to the Recorder of Deeds. SearohellI,CopiulI and Certification: Certification $1.50 per certification lKalie r-zyllyszewski -~cadden, Melvin &t\IIary90~----~_~" Page 5 -~ TITLE COMMITMENT D.t. of S..r hR''''' noOS Seareh A3 Of 04/2212005 Codt~. PAGE: S [)ES Title Agency, Inc. 3000 Rte 73, Suite 107 ~~~r Greentree Center :n.rlton, NJ 08053 - 856-985-33411 - 856-985-3342 Il.. ILUJQa,M&LVI.. MADDIII, ....1' II liMltOUTHfiDI 1f~...I't:Ml County ~........ Dl>cllDle.t[Reoorlliac!(ote.; Blanket assignments are not accepted. Blanket releases are not accepted. Document numbering system: Book & Page. Example: Original document is not returned. A self addressed stamped envelope is required. Add $1.00 for local registration if property is in Camp Hill, Lemoyne or New Cumberland boroughs. Original mortgage must accompany satisfaction piece. Office will make a certified copy and attach it if you enclose a separate check for certification and copy fees. For the entire state ot PA.. 'rhe courthouses \oIi11 not ac;:cept any documents without a notary stamp. The seal can be there but if the stamp is not, the document will be rejected. Conrnon docUlllent errors include incorrect fee, signatures do not agree \oIith printed name, notarial certificate incomplete or seal missing, stamped envelope not included, and missing parcel identification number and municipality name. Legal description required with deeds only. In subsequent related (iocuments, include references to all previously recorded dOCl,1lTlents Cashiers check or money order: Not required. DES has made every effort to insure the accuracy of this recc>rding information. However, due to the frequency with which courthouses revise their fees and other specifications, DES cannot assume liability for any discrepancy in recording fees or taxes. Please call the courthouse at the above number to verify amounts prior to closing. In the event that amounts have changed, please notify DES so that we may update our records. Katie Rnybys;lewski - Madden, Melvin & Mary,doc 1_____ .. '".. ,... ...__ ........ "".," .. SCHEDUL& "A" 90-01356332 ALL THAT CJ:l\'l'AIU TRACT OJ' LAND SI'l"UATED IN PENN TOWNSHIP C1JNBBRLAND COt1H'1'Y PENNA.. MOar.: PARTICULARLY BOUNDED Jl.NI1 DESCRIBED 10.8 FOLLOWS: BEGIlfH:ING AT A SPIKE IN THE CENTER 01' TOWlfSKl"P IlOAD 3.19, SAID POIN'!' &lING THI: SOUTKEAST CORMEll OF LANDS OF GEORGI: B. SRQGHART; THENCE ALOllG LAJ/DS OJ' GIOllOi': H. SHUGHART HOIlTH 3 DEGR]~BS 14 MINUTES EA8T 275 FEET TO A BIG TREE WITS AN IRON SPI~t; THENCE ALONG OTHEIl LANDS OJ' THE GRANTORS BEREIN BAST 765.5 ~tET TO A S'l'J:EL PIN; 'tSr.J/CI ALONG LANes 01' THE ORA.TOU BIUlKIN SOUTHU8'!' 223 PEET TO A POIlI'l' IN THE CENTEIl 01' TaE Ai'OUSAIO 'l'01flfSRI1' ROAD; TB.HeE ALOHG THE CEN'ua OF '1'811 AFORESAID TOWNSHIP ROAD:' aOlJ'l'H 54 DEGIlIES 06 NINtI''I'BS RST 30.08 1'&1:'1' '1'0 A SPIKE IN THE (:EH'l'HR OF TOWNSHIP ROAD; THEMe. CONTINUING ALONG SAID TOWNSHIP .(~, SOUTH 6<< DEGREES <<2 MINUTES 40 SECONDS WEST 123.92 FEET TO A SPIKE, THE POINT AND PLACE OF BEGINNING. BEING THE SAla PROPEIlTY COIlVEYED TO MELVIN S. HMlDEN MID MAllY H. HADDEN, HOSBAND AND WIFE BY DEED FROM RODNEY I. FI\AKER AND 80NNIE L. Fll.AXIR, HOSBANO AND WIFE RECOIlDED 04/12/1912 IN DEn. 800K 024 PAGE 507, IN THB OFFICB OF THE RECORDER OF DBEDS OF CUMBERLAND COUNTY, PENNSYLVANIA. TAX 10' 31120330030A -~----~----pa~ I-Katie Prz~YSlleVllski - Madden, Melvin &Mary~doc. "._--~-- ~---Pa9~-71 TAX CERTIFICATION Date of Search 05/0112005 Search As Of 04/1212005 Code DES Title Agency, lac. 13000 Rte 73. Suite 107 Four Greentree Center Marlton, NJ 08053 P - 856-985-3340 F - 856-985-3342 R. M/lPPU,..I.VI.. MADItU,tlA.aYM l:l6RII'l'K'lPI ..1IrV11oL"Al1:141 County ~........ COMBINED TAXING AUTHORITY ACCOUNT NUMIU!k PENN TOWNSHIP TAX COLLECTOR 12 0330-0 30A-0 0 0 0 000-31 TAXcoUECToa TAX COUECTOII. ADDRESS 2 ~BLE G STITT 12655 WALNUT BOTTOM ROAD n TAX COLL8CI'OltPHON2 NO. RLISLE FA 17013 (717) 77El3606 x 0 AMOVNTDBLlNOUBNT AMOUNT rAD) DATE PAlO S ESTJMATEDANNUAL TAX GOODTHII.OUGH DATE DATE NEXT TAX DUB $115.81 06130/2005 COMMENTS 005 ANNUAL COMBINED TAXES ARE DUE 6/30105 IN THE AMOUNT OF $115.81 PLUS ANY ENALTIES rND INTEREST THAT MAY APPLY. SCHOOL TAXING AUTHOIUTY ACCDVNT NUMBER ENN TOWNSHIP TAX COLLECTOR 12 0330 030A-0000000-31 TAX COu.acrOR TAX COLLBCTOkADDKESS 2 ,-mBLE G STITT 655 WALNUT RJTTOM ROAD 0 TAX COLUlcrOR 'HONS NO. ARLISLE PA 17013 (717)176-3606 x 0 AMOUNT DBUN UBNT AMOUNT 'AlD DATE 'AJD 4 $525.72 08/31/200-4 ESTlhlATIID ANNUAL TAX GOOD THROUGH DATB DATI:> NIIXTTAX DUE 07/01/2005 COMMENTS 00-4 ANNUAL SCHOOL TAXES ARE PAID AS SHOWN ABOVE. NEXT TAX BILL COMES OUT 7/1/05. : Katie.PrzybYlizewski - Madden, Melvin & Mary,doc ,.....---- -.' .". ,', --,. . ..... ..... _...---'--..~"_.~~ (OO:~O-lW9) WdZZ:1 SOOZ/ZO/SO 1W-IH1Il II:I/ 0/4111IO 1-114 ,,_ f- , , , 7 (, ~ ~p- ~~ ROBlrRT ~ .fttCOi . . ZIEUlER fli'(at~~H: OF DEED$ , OOUlITr. ~.1 ,J3IlEC 16 Ill'I R._U"' IIORTOAGE _tIlio... ~~~ --.."",-. r'~'!' '" -- --DtICt .....--.----.-- "'-.0-""""__"____ . .."IOl___NC____ ,..." 10_11..-.........._"11.... -- .:.=r.'3="~:"'...~ ..t ,- ---...r'''= ." J to I ...._............11l'I OIJII'.. ..~"",. r __...._....__ __.....___kl__II,.-... . ... lit ,......__ fI" __ ... "J~. ... 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McCABE, ESQUIRE Identification Number 16496 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Wachovia Bank, National Bank Cumberland County Court of Common Pleas v. Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner: and Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner: and Brenda Fernsler, Known Surviving : Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner: and Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner: and Unknown Surviving Heirs of Melvin: Melvin S. Madden, Deceased Mortgagor and Real Owner Number 05-3280 Civil Term PETITION TO ALLOW SERVICE ON THE DEFENDANTS BY REGULAR MAIL. CERTIFIED MAIL .~ POSTING PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 1. Plaintiff attempted to serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendants, Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner, Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner, at the Defendants' last-known address of 126 South Side Drive, Newville, PA 17241. However, the Sheriff advised that he was unsuccessful as the house is vacant. A copy of the Sheriff's Non Service Returns indicating the same are attached hereto and marked as Exhibit "A." 2. Plaintiff has searched for a forwarding address for Defendants, and the Post Master has advised that the Defendants are unknown at all addresses (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 3. Plaintiff has checked the Local Telephone Directory for an address for Defendants; Bonnie Fraker has an unlisted number in Newville, PA, there are no listings for Brenda Fernsler in or around the Newville area, Donna Park has an unlisted number in Carlisle, PA and Brenda Fernsler was listed at 1000 W. South Street with a number of 717-245-2187, they stated she isn't there. (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 4. Plaintiff was unable to make inquiry with any neighbors (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 5. Plaintiff has made inquiry of the local tax bureau and the tax bill is mailed to 126 South Side Drive (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 6. Plaintiff has made inquiry with the Social Security Administration and was advised that there are no death records on file for the Defendants, Bonnie Fraker and Brenda Fernsler (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B"). 7. Plaintiff has investigated the Defendants' Voter Registration Records, and the was advised that the Defendants are not registered to vote (See Affidavit of Good Faith Investigation attached hereto and marked Exhibit nBn). 8. If service cannot be made on the Defendants, Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner, Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner, the Plaintiff will be prejudiced. WHEREFORE, Plaintiff prays this Honorable Court grant an Order allowing the Plaintiff to serve the Complaint in Mortgage Foreclosure, and all other subsequent pleadings that require personal service, and the Notice of Sheriff's Sale upon the Defendants, Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner, Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner, by regular mail; certified mail, return receipt requested; and by posting at Defendants' last-known address and the mortgaged premises known in this herein action as 126 South Side Drive, Newville, PA 17241. ~ YfLt~ cCABE, ESQUIRE Plaintiff SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-03280 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WACHOVIA BANK VS GUTSHALL SANDRA 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 PARK DONNA - HEIR OF MELVIN S MADDEN (DECEASED) but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , PARK DONNA - HEIR OF MELVIN S MADDEN (DECEASED) 126 SOUTH SIDE DRIVE NEWVILLE, PA 17241 HOUSE IS VACANT AT ABOVE ADDRESS. Sheriff's Costs: Docketing Service Not found return Surcharge 6.00 .00 5.00 10.00 .00 21.00 so~n.sw . . ~.'."'~ ~~'.'// _-/-----::-~ '-6-:/--- ~~~~ ~:~: .~/ -' & R. Thomas Kl ne Sheriff of Cumberl nd County MCCABE WEISBERG CONWAY 08/09/2005 Sworn and subscribed to before me this day of A.D. Prothonotary EXHIBIT "~~. SHERIFF'S RETURN - NOT FOUND 'CASE NO: 2005-03280 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WACHOVIA BANK VS GUTSHALL SANDRA 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 FERNSLER BRENDA - HEIR OF MELVIN S MADDEN (DECEASED) but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , FERNSLER BRENDA - HEIR OF MELVIN S MADDEN (DECEASED) 126 SOUTH SIDE DRIVE NEWVILLE, PA 17241 HOUSE IS VACANT AT ABOVE ADDRESS. Sheriff's Costs: Docketing Service Not found return Surcharge 6.00 .00 5.00 10.00 .00 21.00 So ans era:. El~..:' ~~/:::::------ ~--,--~ ~'."'. --~. ~ .-- -- -,,- _.- ..;;::,"'" , ~/p~ G--"--- -=-- ..-.....~ r;/( - ...-" . R. Thoma~ Kl i' ~---,----- Sheriff of Cumberland County MCCABE WEISBERG CONWAY 08/09/2005 Sworn and subscribed to before me this day of A.D. Prothonotary SHERIFF'S RETURN - NOT '?OUND CASE NO: 2005-03280 P COMMONTWEALTH 0F PENNSYLVANIA COUNTY OF CUMBERLAND WACHOVIA BANK VS GUTSHALL SANDRA 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 FRAKER BONNIE - HEIR OF MELVIN S MADDEN (DECEASED) but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , FRAKER BONN:CE - HEIR OF MELVIN S MADDEN (DECEASED) 126 SOUTH SIDE DRIVE NEWVILLE, PA 17241 HOUSE IS VACANT. Sheriff's Costs: Docketing Service Not found return Surcharge 18.00 8.00 5.00 10.00 .00 41. 00 ." ~)...~ So an&..,?~.C.~ /~- --~~/ i R. Thomas Jine Sheriff of Cumberland County MCCABE WEISBERG CONWAY 08/09/2005 Sworn and subscribed to before me this day of A.D. Prothonotary LARRY DEL VECCmO PROCESS SERVER FOR MCCABE, WEISBERG & CONWAY, p.e P.O. BOX 3221 WARMINISTER, PA 18974 (215) 442-5668 (215) 442-9727 FAX Wachovia Bank COURT OF COMMON PLEAS CUMBERLAND COUNTY VS, BONNIE FRAKER, known surviving heir of Melvin S, Madden BRENDA FERNSLER, known surviving heir of Melvin S, Madden DONNA PARK, known surviving heir of Melvin S. Madden NO, 05-3280-CML TERM LAST KNOWN ADDRESS: 126 South Side Dr" Newville, P A 17241 LOAN NUMBER: 10-0702PA AFFIDAVIT OF GOOD FAITH EFFORT TO LOCATE DEFENDANT (S) I hereby certifY that on July 13, 2005, a good faith effort was made to discover the correct address of said defendant (s), by: 1. Inquiry of Postal authority; Postal authority states all defendants are unknown at all addresses. 2. Examination of local telephone directories and 411 assist,mce; Bonnie Fraker has an unlisted number in Newville, P A There are no listings for Brenda Fernsler in or around the Newville area, Donna Park has an unlisted nwnber in Carlisle, P A Brenda Fernsler was listed at 1000 W. South St., but the nwnber is disconnected. The address is for Todd Home & Rehab., (717) 245-2187, th"y stated Brenda isn't there, 3. Neighbor Contacts: Joshua Shotto, 425 Greenspring Rd., (717) 776-5177, lea messages with no response 4. Tax Information: Tax office has mailing address same as property, 126 South Side Dr. 5. Death Records: Social Security has no death records for Bonnie Fraker or Brenda FernsleL Can't confirm record for Donna Park EXHIBIT "Bn 6. Voter Registration: Defendants aren't registered, I certifY that this infonnation is true 'and correct to the best of my knowledge, infonnation and belief. ....~ NOTARY PUBLIC: Sworn to and described before me this ~!;i/, day of ~ 2005. oOh1A"i~ ARIAL SEJ\1 Donna E. Slranix, Notary i ," WarwIck Twp., Buc~s Co.,,:y My Commission Expires April 27, 200) BY: Larry Del Vecchio, Process Server LARRY DEL VECCmO PROCESS SERVER FOR MCCABE, WEISBERG & CONWAY, P.C. P.O. BOX 3221 WARMINSTER, PA. 18974 (215) 442-5668 FAX (215) 442-9727 July 13, 2005 Postmaster Newville, PA 17241 REQUEST FOil. CHANGE OF ADDRESS OR BOXHOLDER INFORMA nON NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address (if a boxholder) fm the following: Name: Address: Bonnie Fraker 425 Greenspring Rd. Newville, PA 17241 The following information is provided in accordance with 39 CFR 265,6(d) (4) (ii), Ther,: is no fee for providing boxholder information. The fee providing change of address information is waived in accordance with 39 CFR 265.6 (d) (1) and (2) and corresponding Administrative Support Manual 351.44. and b, 1. Capacity of requester: Process Server 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting Pro Se- except a corporation acting Pro Se must cite statute: Process Server for McCabe, Weisberg & Conway, P.C. (Rule 400.1.b) 3. The names of all known parties to this litigation: Wachovia Bank v. Bonnie Fraker, Brenda Fernsler & Donna Park, known heirs of Melvin Madden et al 4. The court in which the case has been or will be heard: Cumberland County Court of Common Pleas 5. The docket or other identifying number if one has been assigned: 05-3280 Civil Term 6. The capacity in which this individual is to be served: Defendant( s) THE SUBMISSION OF FAlSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOWER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSEPCTIVE LITIGATION COUW RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000,00 OR INPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORM RATION OF NOT MORE 1HAN 5 YEARS, OR BOTH (TITLE 18 U$,C SECTION (001), I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND 1HA T THE ADDRESS INFORMATION IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LlTlGATION, --v-.-- LARRY DEL VECCHIO For McCabe, Weisberg & Conway, p.e. P,O, Box 3221 Warminster, PA. 18974 FOR THE POST OFFICE USE ONLY NO CHANGE OF ADDRESS ORDER ON FILE POST MARK NEW ADDRESS OR BOXHOWER'S NAME AND PHYSICAL STREET ADDRESS: t-\o+ ,~ oj; a6k:lr~':} LARRY DEL VECCmO PROCESS SERVER FOR MCCABE, WEISBERG & CONWAY, P.C. P.O. BOX 3221 VV~~STER,PA. 18974 (215) 442-5668 FAX (215) 442-9727 July 13, 2005 Postmaster Newville, PA 17241 REQUEST FOR CHANGE OF ADDIl.ESS Oil. BOXlIOLDER INFOIl.MATION NI:EDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address (if a boxholder) for the following: Name: Address: Donna Park 126 South Side Dr. Newville, PA 17241 The following infonnation is provided in accordance with 39 CFR 265.6(d) (4) (ii). Then~ is no fee for providing boxholder infonnation. The fee providing change of address information is waived in accordance with 39 CFR265.6 (d) (1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester: Process Server 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting Pro Se- except a corporation acting Pro Se must cite statute: Process Server for McCabe, VVeisberg & Conway, P.C. (Rule 400.1.b) 3. The names of all known parties to this litigation: VVachovia Bank v. Bonnie Fraker, Brenda Femsler & Donna Park, known heirs of Melvin Madden et al 4. The court in which the case has been or will be heard: Cumberland County Court of Common Pleas 5. The docket or other identifying number if one has belm assigned: 05-3280 Civil Term 6. The capacity in which this individual is to be served: Defendant( s) THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXIIOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSEPCTIVE UTIGA TION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO S10,OOO,00 OR INPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOil CHANGE OF ADDRESS INFORMRATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 u,s,c. SECTION 1001), I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMA nON IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION, ~- LARRY DEL VECCHIO For McCabe, Weisberg & Conway, P.e. P,O, Box 3221 Wanninster, PA. 18974 FOR THE POST OFFICE USE ONLY NO CHANGE OF ADDRESS ORDER ON FILE POST MARK NEW ADDRESS OR BOXHOLDER'S NAME AND PHYSICAL STREET ADDRESS: ~ O-\-\(;()0\JJ{) o~/ ,,'" ?)-;,,, i.-- fl:.'-'P \ )"J \4 ~;) ; \<:Y' , / >, ,.y.::.~ -"'< ""... ..-",---,,~'<'-' '--"1/\ M':~ ,,~~--~---" LARRY DEL VECCmO PROCESS SERVER FOR MCCABE, WEISBERG & CONWAY, P.C. P.O. BOX 3221 WARMINSTER, PA. 18974 (215) 442-5668 FAX (215) 442-9727 July 13,2005 Postmaster Newville, P A 17241 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or Ihe name and streel address (if. boxholder) for Ihe following: Name: Address: Brenda Fernsler 126 South Side Dr. Newville, PA 17241 The following information is provided in accordance with 39 CFR 265.6(d) (4) (ii). Then: is no fee for providing boxholder information. The fee providing change of address information is waived in accordance with 39 CFR 265.6 (d) (I) and (2) and corresponding Administrative Support Manual 352.44a and b. I. Capacity of requester: Process Server 2. Statute or regulation that empowers me to serve procc:ss (not required when requester is an attorney or a party acting Pro Se- except a corporation acting Pro Se must cite statute: Process Server for McCabe, Weisberg & Conway, P .C. (Rule 400.1.b) 3. The names of all known parties to this litigation: Wachovia Bank v. Bonnie Fraker, Brenda Femsilrr & Donna Park, known heirs of Melvin Madden et al 4. The court in which the case has been or will be hi~ard: Cumberland County Court of Common Pleas 5. The docket or other identifying number if one has been assigned: 05-3280 Civil Term 6. The capacity in which this individual is to be served: Defendant( s) THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOWER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSEPCTIVE UTIGA TlON COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000,00 OR INPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMRATlON OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 US,C SECTION 1001), I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE UTIGATlON, ~ P,O, Box 3221 Wanninster, PA. 18974 LARRY DEL VECCHIO For McCabe, Weisberg & Conway, P .C. FOR THE POST OFFICE USE ONLY NO CHANGE OF ADDRESS ORDER ON FILE NEW ADDRESS OR BOXHOWER'S NAME AND PHYSICAL STREET ADDRESS: POST MARK ]1,\'"'0. , ; " ;jJ "-l m- ~ in.. '~.'.--- , -, "1) ~~ LARRY DEL VECCmO PROCESS SERVER FOR MCCABE, WEISBERG & CONWAY, P.C. P.O. BOX 3221 WARMINSTER, PA. 18974 (215) 442-5668 FAX (215) 442-9727 July 13, 2005 Postmaster Newville, PA 17241 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMA nON N]~EDED FOR SEIl.VICE OF LEGAL PROCESS. Please furnish the new address or the name and street address (if a boxholder) for the following: Name: Address: Bonnie Fraker 126 South Side Dr. Newville, P A 17241 The following information is provided in accordance with 39 CFR 265.6(d) (4) (ii). Thet"l: is no fee for providing box.holder informa.tlon. The fee providing change of address information is waived in accordance with 39 CFR 265.6 (d) (1) and (2) and corresponding Administrative Support Manual 352-44. and b, 1. Capacity of requester: Process Server 2. Statute or regulation that empowers me to serve proc,~ss (not required when requester is an attorney or a party acting Pro Se- except a corporation acting Pro Se must cite statute: Process Server for McCabe, Weisberg & Conway, P.C. (Rule 400.l.b) 3. The names of all known parties to this litigation: Wachovia Bank v. Bonnie Fraker, Brenda Fernsl<~r & Donna Park, known heirs of Melvin Madden et al 4. The court in which the case has been or will be heard: Cumberland County Court of Common Pleas 5. The docket or other identifying number if one has bel:n assigned: 05-3280 Civil Term 6. The capacity in which this individual is to be served: Defendant( s) THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSEPCTNE UTIGA TION COUW RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000,00 OR INPRlSONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMRA TION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U,S,C SECTION 1001), I CERTIFY TIIA T THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTNE LITIGATION, ~ PD, Box 3221 Warminster, PA. 18974 LARRY DEL VECCHIO For McCabe, Weisberg & Conway, P.C. FOR THE POST OFFICE USE ONLY NO CHANGE OF ADDRESS ORDER ON FILE POST MARK NEW ADDRESS OR BOXHOLDER'S NAME AND PHYSICAl, STREET ADDRESS: Not \;().,Wf'\ LARRY DEL VECCmO PROCESS SERVER FOR MCCABE, WEISBERG & CONWAY, P.C. (215) 442-5668 FAX (215) 442-9727 P.O. BOX3221 WARMINSTER, PA. 18974 July 13, 2005 Postmaster Carlisle, P A 17013 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address (if a boxholder) for the following: Name: Address: Brenda Fernsler 1000 W. South St. Carlisle, P A 17013 The following information is provided in accordance with 39 CFR 265.6(d) (4) (ii). There is no fee for providing boxholder information. The fee providing change of address infonnation is waived in accordance with 39 CFR265.6 (d) {l) and (2) and corresponding Administrative Support Manual 352.44a and b. I. Capacity of requester: Process Server 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting Pro Se- except a corporation acting Pro Se must cite statute: Process Server for McCabe, Weisberg & Conway, P.C. (Rule 400.1.b) 3. The names of all known parties to this litigation: Wachovia Bank v. Bonnie Fraker, Brenda Femsl,er & Donna Park, known heirs of Melvin Madden et al 4. The court in which the case has been or will be heard: Cumberland County Court of Common Pleas 5. The docket or other identifying number if one has be'~n assigned: 05-3280 Civil Tenn 6. The capacity in which this individual is to be served: Defendant( s) THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSEPCTIVE LmGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000,00 OR INPRlSONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMRATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U,S,C SECTION 1001), I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION, ~ P,O, Box 3221 Warminster, PA. 18974 LARRY DEL VECCHIO For McCabe. Weisberg & Conway, P,C. FOR THE POST OFFICE USE ONLY NO CHANGE OF ADDRESS ORDER ON FILE POST MARK ,~ "'" ~.' ~, ''''S ~ d '~ ~' ~~ff:~ ~~. w",Z) , ,f~~ '. V NEW ADDRESS OR BOXHOLDER'S NAME AND PHYSICAl. STREET ADDRESS: lJ (i.JiIMJW~' U,( A-.li:IL~~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Wachovia Bank, National Bank Cumberland County Court of Common Pleas v. Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner: and Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner: and Brenda Fernsler, Known Surviving : Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner: and Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner: and Unknown Surviving Heirs of Melvin: Melvin S. Madden, Deceased Mortgagor and Real Owner Number 05-3280 Civil Term MEMORANDUM OF LAW If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 430. WHEREFORE, Plaintiff prays this service be made. T~~lE'~Q~ McCABE, WEISBERG AND CONWAY, PoCo BY: TERRENCE J 0 McCABE, ESQUIRE Identification Number 16496 123 South Broad, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attolmey for Plaintiff Wachovia Bank, National Bank CurnbElrland County Court of Common Pleas v. Sandra Gutshall, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner: and Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner: and Brenda Fernsler, Known Surviving: Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner: and Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner: and Unknown Surviving Heirs of Melvin: Melvin S. Madden, Deceased Mortgagor and Real Owner NurnbE!r 05-3280 Civil Term CERTIFICATION OF SERVIC!, I, Terrence J. McCabe, Esquire, attorney for the Plaintiff, hereby certify that I served a true and correct copy of the foregoing Petition to Allow Service on the Defendants by Regular Mail, Certified Mail, and Posting Pursuant to Pa.R.C.p. 430, by United States Mail, first class, postage prepaid, on the 18th day of August, 2005, upon the following: Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Brenda Fernsler, Known Surviving Heir of ~Ielvin S. Madden, Deceased Mortgagor and Real Owner Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner 126 South Side Drive Newville, PA 17241 ~~,y~u;~ VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. !l4904 relating to unsworn falsification to authorities. ~~'I1!w~ TERRENCE J. Mc BE, ESQUIRE C1 (",: ~~ ,,;:.-::- ~,-y"\. [',\ {~. -.-'-'" I--~' -'-) ,4 ~~ o -'<I '::;?-r1 t'\l (_: ~r"1i~,' -,;~ \",,' '~.) ,~. ""':') ';"\ . .~ .p ~. -- ~2? t,J", v:> ;-) /<\f\ , ' ~'-~.'.. ..;.,..... -:J;. ]'XI RECEIVED AUG 09 Z005 IY' V McCABE, WEISBERG AND CONWAY, P. C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Buildinq 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 At:torney for Plaintiff WACHOVIA BANK, NATIONAL BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS v. SANDRA GUTSHALL, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and BONNIE FRAKER, KNOWN SURVIVING HEIR FO MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and BRENDA FERNSLER, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and DONNA PARK, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED MORTGAGOR AND REAL OWNER and UNKNOWN SURVIVING HEIRS OF MELVIN S. MADDEN, DECEASED MORTGAGOR AND REAL OWNER NUI'1BER 05-3280 ORDER AND NOW, this at/:. day of 1'\"0'" ~t , 2005, \ upon consideration of Plaintiff's Motion for Service upon the Defendant, Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner, Pursuant to Special Order of Court, it is hereby ORDERED that pursu.:mt to Pennsylvania Rules of Civil Procedure 430, Plaintiff may comply with the , ,\",,"'I),,\-,-,\,(:Ir.1 'l)\\'A\li\' ,v'. ,.,..~, ,-.,r'\ .) \~\"",C.'-.' n "",.,,:\'.:\'1:, Iv -.J..\~" {,l,' ,-,.,'.,- & 'I ~'Z \-to L\ ~M Ii\\\\!. i--~1.O\".'ar\\..o'04 3\-\1. ~O . '38ij~.O--G1\\:I -'- . applicable service requirements by one PUBLICATION of a NOTICE of the filing of the Complaint in ~~ newspaper ~ 0 f <JCJl<:Jz[ In Cw.-.-,bl2J7dCo..;,r., <J d::lil'l circulation and by one PUBLICATioN of a NOTICE of the " filing of the Complaint in Cumberland Law Journal; by POSTING the premises 126 South Side Drive, Newville, PA 17241 with a copy of the Complaint filed in the above captioned matter and by MAILING by Certified Mail, Return Receipt requested a true and correct copy of the Complaint to the premises which is the subject of the action. FURTHER, it is ORDERED that the Plaintiff may serve all subsequent Notices and pleadings that req~ire personal service, in the manner set forth above except that Notice of Sheriff's Sale made by the Sheriff in the manner set forth in Pa.R.C.P. 3129.2(0) is legally sufficient and Plaintiff need not re-publish. SERVICE shall be deemed effectuated and completed upon the PUBLICATION, POSTING or MAILING, whichever is later. BY THE COURT: edl J. W ACHOVIA BANK, NATIONAL BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW SANDRA GUTSHALL, Known Surviving Heir of Melvin S. Madden,I>eceased Mortgagor and Real Estate Owner, and BONNIE FRAKER, Known Surviving Heir of Melvin S. Madden,I>eceased Mortgagor and Real Estate Owner, and BRENDA FERNSLER, Known Surviving Heir of Melvin S. Madden,I>eceased Mortgagor and Real Estate Owner, and I>ONNA PARK, Known Surviving Heir of Melvin S. Madden, I>eceased Mortgagor and Real Estate Owner, and UNKNOWN SURVIVING: HEIRS OF MELVIN S. MAI>I>EN, I>eceased Mortgagor and Real Estate Owner, I>efendants NO. 05-3280 CIVIL TERM . "~.::w'"'...... , ';) rJ ? S :6 [fi 62 ~n\i SODl ".";'" .......;' "Hl-'O ^ti'[l!..lJl\vr~J,,',_;'.J-:i:J .:I j:JL::~)(}-O:nl:f - , ORDER OF COURT AND NOW, this 26th day of August, 2004, upon consideration of Plaintiffs Petition To Allow Service on the Defendants by Regular Mail, Certified Mail and Posting Pursuant to Pa. Rule of Civil Procedure 430, it is ordered and directed that Plaintiff may serve the Complaint in Mortgage Foreclosure upon the Defendants by (I) mailing a true and correct copy of the complaint by certified mail and n:gular mail, to Defendants' last known address at 126 South Side Drive, Newville, P A 17241, (2) publication once in the Cumberland Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting the premises at 126 South Side Drive, Newville, PA 17241. BY THE COURT, L J. J Terrence J. McCabe, Esq. 123 South Broad, Suite 2080 Philadelphia, P A 19109 Attorney for Plaintiff ~ ?".ltf-aJ ~ 0- :rc McCABE, WEISBERG AND CONWAY, P_C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff WACHOVIA BANK, NATIONAL BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS v. SANDRA GUTSHALL, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and BONNIE FRAKER, KNOWN SURVIVING HEIR FO MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and BRENDA FERNSLER, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and DONNA PARK, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED MORTGAGOR AND REAL OWNER and UNKNOWN SURVIVING HEIRS OF MELVIN S. MADDEN, DECEASED MORTGAGOR AND REAL OWNER NUMBER 05-3280 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter. ~-~__~ - ~ ~a' TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff "' " ,''''',,--, "',-- '-'"'' ",,",' ','" "",,' _ " ~::"~:....:i , " " ""..', o :;'~ ,"'" " ", = = en ~ c:: c--j "-, \,0 o "1' ::;:! Fi,:B r- ;gffi o L, _...{C':' 9~r; Om -I 51 -< ::;:? '-:? w McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff WACHOVIA BANK, NATIONAL BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS v. SANDRA GUTSHALL, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and BONNIE FRAKER, KNOWN SURVIVING HEIR FO MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and BRENDA FERNSLER, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and DONNA PARK, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED MORTGAGOR AND REAL OWNER and UNKNOWN SURVIVING HEIRS OF MELVIN S. MADDEN, DECEASED MORTGAGOR AND REAL OWNER NUMBER 05-3280 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter. ~~:/, -- ~;/ / ~:::/;;;: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff ~ :1; c.") c, McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff WACHOVIA BANK, NATIONAL BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS v. SANDRA GUTSHALL, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and BONNIE FRAKER, KNOWN SURVIVING HEIR FO MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and BRENDA FERNSLER, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and DONNA PARK, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED MORTGAGOR AND REAL OWNER and UNKNOWN SURVIVING HEIRS OF MELVIN S. MADDEN, DECEASED MORTGAGOR AND REAL OWNER NUMBER 05-3280 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND Terrence J. McCabe, Esquire, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief: 1. That he is counsel for the above-named Plaintiff; 2. That on September 9, 2005 per the attached Court Orders, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendants, Bonnie Fraker, Brenda Fernsler, and Donna Park, Known Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner, by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to their last-known address of 126 South Side Drive, Newville, PA 17241. True and correct copies of the letters, certificate of mailings, and certified receipts, are attached hereto, made a part hereof, and marked as Exhibit "A." 3. That on September 15, 2005 per the attached Court Orders, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendants, Bonnie Fraker, Brenda Fernsler, and Donna Park, Known Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner, by posting the same at the mortgaged premises of 126 South Side Drive, Newville, PA 17241. True and correct copies of the Sheriff's Returns of Service are attached hereto, made a part hereof, and marked as Exhibit "B." 4. That on September 9, 2005 in accordance with the attached Court Orders, Plaintiff served a true and correct copy of the Notice of the filing of the Complaint in Mortgage Foreclosure upon the Defendants, Bonnie Fraker, Brenda Fernsler, and Donna Park, Known Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner, through publication in the Cumberland Law Journal. True and correct copies of the Proof of publication indicating the same are attached hereto, made a part hereof, and marked Exhibit "C." 5. That on September 15, 2005 in accordance with the attached Court Orders, Plaintiff served a true and correct copy of the Notice of the filing of the Complaint in Mortgage Foreclosure upon the Defendants, Bonnie Fraker, Brenda Fernsler, and Donna Park, Known Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner, through publication in The Sentinel. A true and correct copy of the Proof of Publication indicating the same is attached hereto, made a part hereof, and marked Exhibit "D." /-'-'7'7"""'__ ~'~~ TERRENCE J. McCABE, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS ,?7tfi DAY OF X/"".???h..:/' ,2005. (:/~ct ~(L~ NOTARY PUBLIC"J COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Chnssandra Shaye Hamilton, Notary Public City ofPhdadelphla Phila, County ,_ My Commission Ex~~-,~anu~ry 4, 2009 WACHOVIA BANK, NATIONAL BANK, Plaintiff v. SANDRA GUTSHALL, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Estate Owner, and BONNIE FRAKER, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Estate Owner, and BRENDA FERNSLER, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Estate Owner, and DONNA PARK, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Estate Owner, and UNKNOWN SURVIVING: HEIRS OF MELVIN S, MADDEN, Deceased Mortgagor and Real Estate Owner, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LA W NO. 05-3280 CIVIL TERM ORDER OF COURT AND NOW, this 26'h day of August, 2004, upon consideration of Plaintiff's Petition To Allow Service on the Defendants by Regular Mail, Cerlified Mail and Posting Pursuant to Pa, Rule of Civil Procedure 430, it is ordered and directed that Plaintiff may serve the Complaint in Mortgage Foreclosure upon the Defendants by (1) mailing a true and correct copy of the complaint by certified mail and regular mail, to Defendants' last known address at 126 South Side Drive, Newville, PA 17241, (2) publication once in the Cumberland Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting the premises at 126 South Side Drive, Newville, PA 17241. BY THE COURT, J Terrence J. McCabe, Esq. A3 South Broad, Suite 2080 hiladelphia, PA 19109 Attorney for Plaintiff :rc TRUE COPY FROM RECOH'u fA TIItlmoIIy'lWweof. I her. unto set my hano ,lod tile saal II said ~ it CalUsIe .... r~ 2~~ '~~ ., ( :t:r :;J;;f. -:1= Protllonotirv Exh.'" 't A ,),./1. ~ , U.S. Postal SerVice", CERTIFIED MAil"" RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ru fTI '" LIl -" IT' LIl m Postage $ .-'l Certified Fee D Postmark D Return Receipt Fee Here D (Endorsement Required) D Restricted Delivery Fee -" (Endorsement Required) .-'l .-'l Total Postage & Fees $ LIl D $entre J ~ ~f!::~i!f/~;;:;::~;:~~6::::::;:;k::::!.j;'~:;;;;;;::::::::: City, State, ZIP+4 V 'A' U.S. Postal Service"" CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) '" .-'l '" LIl -" IT' LIl m .-'l D D D D -" .-'l .-'l LIl o Sent 0 h--..t7/;1.I ':.c ;e-~-Z" ~ ~~i~:;~:::~~::::::;:~~::;;~:~:::Q;~::~::::::::: City, State, ZlP+4 ~ Po,,",," $ Certified Fee Postmark Return Receipt fee H... (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ LIl ru '" LIl U.S. Postal Service", CERTIFIED MAIL" RECEIPT (Domestic Mall Only; No Insurance Coverage ProVIded) -" ICIAL IT' LIl m Po,,",," $ .-'l Certified Fee D D Return Receipt fee D (Endorsement Required) D Restricted Delivery Fee -" (Endorsement Required) .-'l .-'l Total Postage & Fees $ USE Postmarl< H... LIl To :5 __mh_ _4-:!:~~-="~,, r:7<"?2~-<- C'- ~~f~i:g~::::;;:~:~::::~~-~~~:::::D:C:::::::::::: 4~-J''/ /1- - . ~f.' ,:,tt.J:;.t\..l.t'1" 'b K1:;TUKN - t<.t.:l:iULAK CASE NO: 2005-03280 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK VS GUTSHALL SANDRA ET AL 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 FERNSLER BRENDA - HEIR OF MELVIN S MADDEN (DECEASED) the DEFENDANT , at 1908:00 HOURS, on the 15th day of September, 2005 at 126 SOUTH SIDE DRIVE NEWVILLE, PA 17241 by handing to POSTED PROPERTY AT 126 SOUTH SIDE DRIVE NEWVILLE 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 posting Surcharge So Answers: 6.00 .00 6,00 10.00 .00 22.00 /' ~ r-:;:;;,;':,.rc-'?e;J:<,':.. ~~ R. Thomas Kline 09/16/2005 MCCABE WEISBERG CONWAY Sworn and Subscribed to before By: L~o6!r-~ ExhibitB me this day of A.D. Prothonotary .. . SHERIFF'S RETURN - REGULAR CASE NO: 2005-03280 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK VS GUTSHALL SANDRA ET AL 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 PARK DONNA - HEIR OF MELVIN S MADDEN (DECEASED) the , at 1908:00 HOURS, on the 15th day of September, 2005 at 126 SOUTH SIDE DRIVE DEFENDANT NEWVILLE, PA 17241 by handing to POSTED PROPERTY AT 126 SOUTH SIDE DRIVE NEWVILLE 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 Posting Surcharge So Answers: 6.00 .00 6.00 10.00 .00 22.00 --7p""a~ < c' .~ .4-:;4 f //2.:-'1"'~~''''?~~''_";:;_~1'~"._ /'~./;::::::..-..P' ~ .......~_.~. R. Thomas Kline 09/16/2005 MCCABE WEISBERG CONWAY ~~heri~-/ Sworn and Subscribed to before By: me this day of A.D. Prothonotary _o__~ t LJll.L:;L\...L.l.'!.' u L\.,D.L UI\..L1l - L\..CJ\..::rU.1..Jh.K . CASE NO: 2005-03280 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK VS GUTSHALL SANDRA ET AL 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 FRAKER BONNIE - HEIR OF MELVIN S MADDEN (DECEASED) the DEFENDANT , at 1908:00 HOURS, on the 15th day of September, 2005 at 126 SOUTH SIDE DRIVE NEWVILLE, PA 17241 by handing to POSTED PROPERTY AT 126 SOUTH SIDE DRIVE NEWVILLE 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 Posting Surcharge So Answers: 18.00 8.80 6.00 10.00 .00 42.80 r~~ R. Thomas Kline 09/16/2005 MCCABE WEISBERG CONWAY Sworn and Subscribed to before ~y fd;;f{ By: me this day of A.D. Prothonotary 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, Esqnire, 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 September 9,2005 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. (Li SWORN TO AND SUBSCRIBED before me this 9 day of September. 2005 EXHIBIT "e" NOTARiAl SEAL LOtS E. SNYDER, Notary Public Carlisle 8oro, Cumberland County My Commiss'lon Expires March 5, 2009 , , " /i u CUMBERLAND LAW JOURNAL NOTICE Cumberland County Court of Common Pleas Number 05-3280 Wachov1a Bank, National Bank v, Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Bonnie Fraker, Known Sunriving Heir of Melvin S. Madden. Deceased Mortgagor and Real Owner and Brenda Femsler, Known Surviving Heir of Melv1I1 S. Madden. Deceased Mortgagor and Real Owner and Donna Park, Known Surviving Heir of Melvin S. Madden. Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner TO: Unknown SuIYiving Heir of Mel- vin S. Madden, Deceased Mort- gagor and Real Owner 1YPE OF ACTION: CML ACTION/COMPUVNTIN MORTGAGE FORECLOSURE PREMISES SUBJECT TO FORECLOSURE: 126 South Side Drive, Newville. FA 17241 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 against you without further notice for the relief request- ed 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- IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE 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 PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERV- ICES TO ELIGiBLE PERSONS AT A REDUCED FEE OR NO FEE- Lawyers Reference Service Cumberland County Bar Association 32 Bedford Street Carlisle. PA 17013 TERRENCE J, McCABE, ESQUIRE Identification Number 16496 McCABE, WEISBERG AND CONWAY, P,C, Attorneys for Plaintiff 123 South Broad Street Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Sept, 9 4 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tanuny Shoemaker, 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 date 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) September ]5,2005 COPY OF NOTICE OF PUBLICATION .cCASE, WEISBERG AND CONWAY. P.C. IV: TERRENCE J. McCABE, ESQUIRE :lenttflcatlon Number 16496 23,South Broad Street, Suite 2080 'hUadelphla, Pennsylvania 19109 215) 790-1010 Attorney for Plaintiff Vachovia Bank, National Bank Cumberland County Court of Common Pleas v, :andra, Gutshall, Known Surviving Heir of 4elvinS. Madden. Deceased Mortgagor nd'Real Owner and lonnle Fraker, Known Surviving Heir of 'atvin S. Madden, Deceased Mortgagor od Real Owner and irenda Fernsler, Known Surviving Heir of lelvin S. Madden, Deceased Mortgagor nd Real Owner and lonna Park, Known Surviving Heir of 'elvln S. Madden. Deceased Mortgagor nd Real Owner and Inknown Surviving Heirs of Melvin S. : tadden, Deceased Mortgagor and Real Owner: '0: Bonnie Fraker, Brenda Fernsler and Donna Park. Known Survlvl~g~H~'I~.'~f Melvin $. Madden YPE OF ACTION: CIVIL ACTION/COMPLAINT iN MORTGAGE FORECLOSURE 'REMISES SUBJECT TO FORECLOSURE: 103 Woodrldge Drive, Cranberry Township. PA 16066 Numb'er 05~3280: c', ," NOTICE f you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in wrlting with the court. You are warned that if you fall to do so the case may proceed without you and a judgement may be entered against you without further notice for the relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER ATONCE. 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. F 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. Lawyers Reference Service Butler County Bar Association 2 Uberty Avenue Carl~sle, PA 17013 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 PUb",'b"~.rerrue. ~ <-- ~~ A.JJfl Sworn to and subscribed before me this 21st day of September, 2005. C/lJJ4'/;{ia; f? IA )~ Notary ublic My commission expires: q /1 /dt COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chnstina L Wolfe, NofaIy Public Ca~isle Boro, Cumberland County My Commission Expires Sept!, 2008 Member. PenI15yl'!;:1fW::l Association Of Notanes Exhibit 0 c' c I"'--~ !':'::") (,:';) c'~n Co/) r';"i -\') ~" Co :) ::? -J'". ~ '::::I --L4/ fl1;::~ -qf~3 ~,:.~c) "~',~~ S'; ':'c) ""c-,.1 ~~ ~7; '-< "';. r:::> 0;) McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff WACHOVIA BANK, NATIONAL BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS v. SANDRA GUTSHALL, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and BONNIE FRAKER, KNOWN SURVIVING HEIR FO MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and BRENDA FERNSLER, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and DONNA PARK, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED MORTGAGOR AND REAL OWNER and UNKNOWN SURVIVING HEIRS OF MELVIN S. MADDEN, DECEASED MORTGAGOR AND REAL OWNER NUMBER 05-3280 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND Terrence J. McCabe, Esquire, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief: 1. That he is counsel for the above-named Plaintiff; 2. That on September 1, 2005 per the attached Court Orders, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner, by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to their last-known address of 126 South Side Drive, Newville, PA 17241. True and correct copies of the letters, certificate of mailings, and certified receipts, are attached hereto, made a part hereof, and marked as Exhibit "A." 3. That on September 7, 2005 per the attached Court Orders, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner, by posting the same at the mortgaged premises of 126 South Side Drive, Newville, PA 17241. True and correct copies of the Sheriff's Returns of Service are attached hereto, made a part hereof, and marked as Exhibit "B." 4. That on September 9, 2005 in accordance with the attached Court Orders, Plaintiff served a true and correct copy of the Notice of the filing of the Complaint in Mortgage Foreclosure upon the Defendant, Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner, through publication in the Cumberland Law Journal. True and correct copies of the Proof of publication indicating the same are attached hereto, made a part hereof, and marked Exhibit "C." 5. That on September 8, 2005 in accordance with the attached Court Orders, Plaintiff served a true and correct copy of the Notice of the filing of the Complaint in Mortgage Foreclosure upon the Defendant, Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner, through publication in The Sentinel. A true and correct copy of the Proof of publication indicating the same is attached hereto, made a part hereof, and marked Exhibit "D." 7-?"6/"-~~ f~% TERRENCE J. McCABE, ESQUIRE SWORN TO AND SUBSCRIBED ~' BEFORE ME THIS ,; 7 1 DAY OF 5<y'k4/kr ,2005. ~sadlu ~ I~ NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Chrissandra Shaye Hamilton, Notary Public City of Philadelphia, Phila, County My Commission Expires January 4, 2009 RECEIVED AUG 0 9 ZOO~ t' McCABE, WEISBERG AND CONWAY, p.e. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff WACHOVIA BANK, NATIONAL BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS v. SANDRA GUTSHALL, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and BONNIE FRAKER, KNOWN SURVIVING HEIR FO MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and BRENDA FERNSLER, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and DC'NNA PARK, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED MORTGAGOR AND REAL OWNER and UNKNOWN SURVIVING HEIRS OF MELVIN S. MADDEN, DECEASED MORTGAGOR AND REAL OWNER NUMBER 05-3280 ORDER AND NOW, this 11th day of . , 2005, \ upon consideration of Plaintiff's Motion for Service upon the Defendant, Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner, Pursuant to Special Order of Court, it is hereby ORDERED that pursuant to Pennsylvania Rules of Civil Procedure 430, Plaintiff may comply with the ~' applicable service requirements by one PUBLICATION of a NOTICE Cl- of the filing of the Complaint in ('''~?9rl:LRd newspaper ~ "f ~~~~rot 'I n tLl-!l\ 'oer leA-riel LOllY\t y' , circulation~and by one PUBLICATION of a NOTICE of the filing of the Complaint in Cumberland Law Journal; by POSTING the premises 126 South Side Drive, Newville, PA 17241 with a copy of the Complaint filed in the above captioned matter and by MAILING by certified Mail, Return Receipt requested a true and correct copy of the Complaint to the premises which is the subject of the action. FURTHER, it is ORDERED that the Plaintiff may serve all subsequent Notices and pleadings that require personal service, in the manner set forth above except that Notice of Sheriff's Sale made by the Sheriff in the manner set forth in Pa.R.C.P. 3129.2(D) is legally sufficient and Plaintiff need not re-publish. SERVICE shall be deemed effectuated and completed upon the PUBLICATION, POSTING or MAILING, whichever is later. BY THE COURT: -~.........----- ____--.,;J;t.-- -~- ------ ~~~ Cl =r <'- Lt1 ..ll cr Lt1 rn u.s. Postal Service"" CERTIFIED MAIL RECEIPT (Domestic MBlI Only; No Insurance Coverage Provided) OFFICIAL USE p- $ .-'t Cl Cl Return ReceIpt fee Cl (EndmSement Required) t:3 Restricted Deltvery Fee ..ll (Endorsement A..Wed) .-'t .-'t Certified Fee -"" ..... Tot..Pcsta..&.... $ Lt1 g .t)'~A VA /~ :r..-,./< /:4.;" /';J~_. --;Y/.- jj'~ ", <'- ~fAj,T'W;'-"-,-"-<,H;"',-,,---:Y--,_"'e,,-<-',"-,'-'--'--"-"'<<7..'-~'- ~_r::?_~~_"!::__{~~.~~'-;:...~:;.;;,i&_~..c:2J~:.!~:...:!t..._.~.~~~~..~~.... City, State, ZlP+4 _ ,',' '.. ~ 2.' , tt\\~\\ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-03280 P Amended COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK VS GUTSHALL SANDRA ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon UNKNOWN SURVIVING HEIR OF MELVIN S MADDEN (DECEASED) the DEFENDANT , at 1523:00 HOURS, on the 7th day of September, 2005 at 126 SOUTH SIDE DRIVE NEWVILLE, PA 17241 by handing to POSTED PROPERTY AT 126 SOUTH SIDE DRIVE NEWVILLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Amended Sheriff's Costs: Docketing Service Posting Surcharge So Answers:, ~. ~ r: ,&' ~ . .~g~c/~~ d , 18.00 8.80 6.00 10.00 .00 42.80 R. Thomas Kline A.D. 09/16/2005 MCCAB:y~EIS~CO ! ~:;~~\\" Sworn and Subscribed to before me this day of Prothonotary -...,:..... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No, 587, approved May 16, 1929), P. L1784 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 September 9,2005 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. ~XHIBIT "C" (Li SWORN TO AND SUBSCRlBED before me this 9 day of September, 2005 _.~.... "'t'..,! ... "j "J> ~., ,- :=.w .c C 5~ NOTARiAl SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5. 2009 CUMBERLAND LAW JOURNAL NOTICE Cumberland County Court of Common Pleas Number 05-3280 Wachovia Bank. National Bank v, Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased ~ortgagor and Real Owner and Bonnie Fl-aker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Brenda Femsler, Known Smviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Melvin S. Madden. Deceased Mortgagor and Real Owner TO: Unknown Surviving Heir of Mel- vin S. Madden, Deceased Mort- gagor and Real Owner TYPE OF ACTION: CIVIL ACTION/COMPLAINT IN MORTGAGE FORECWSURE PREMISES SUBJECT TO FORECWSURE: 126 South Side Drive. Newv1l1e, PA 17241 NOTICE If you w1sh 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 50 the case may pro- ceed without you and a judgment may be entered against you without further notice for the relief request- ed 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- IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OF- FICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WIT1l INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A lAWYER TIllS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERV- ICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE- Lawyers Reference Service Cumberland County Bar Association 32 Bedford Street Carlisle. PA 17013 TERRENCE J, McCABE. ESQUIRE Identification Number 16496 McCABE, WEISBERG AND CONWAY. P,C- Attorneys for Plaintiff 123 South Broad Street Suite 2080 Philadelphia. PA 19109 (215) 790-1010 Sept. 9 4 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tanuny Shoemaker, Classified Adverlising 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 date 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) September 08,2005 COPY OF NOTICE OF PUBLICATION ,",cCASE, WEISBERG AND CONWAY, P.C. IV: TERRENCE J. McCABE, ESQUIRE dentlflcatlon Number 16496 23 South Broad Street, Suite 2080 'hlladelphla, Pennsylvania 19109 215) 790.1010 'Vachevia Bank, National Bank Attorney for Plaintiff Cumberland County Court of Common Pleas v, :landra Gutshall, Known Surviving Heir of .4elvin S. Madden, Deceased Mortgagor tnd Real Owner and 300nie Fraker, Known Surviving Heir of "'alvln S. Madden, Deceased Mortgagor md Real Owner aod 3renda Fernsler, Known Surviving Heir of lItalvin S. Madden, Deceased Mortgagor md Real Owner and Jonna Park, Known Surviving Heir of ""elvin S. Madden, Deceased Mortgagor md Real Owner ond Jnknown Surviving Heirs of Melvin S. : lAadden, Deceased Mortgagor and Real Owner: TO: Unknown Surviving Heir 01 Melvin S. Madden, Deceased Mortgagor and Real Owner rYPE OF ACTION: CIVIL AcnONICOMPLAINT IN MORTGAGE FORECLOSURE PREMISES SUBJECT TO FORECLOSURE: 126 South Side Drive, Newville. PA 17241 Number 05-3280 NonCE If you wish to defend, you m~st ~nter a wri~en al?pearance personally or by attorney and file your defenses or objections In writing With the court. You are wamed that If you fail to do so the case may proceed without yo~ and a judgement may.be entered against you without further notice for the rehef requested by the Plamtlff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE 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. Lawyers Reference Service Butler County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Affiant further deposes that hel 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 j=Z6~ Sworn to and subscribed before me this 14th day of September, 2005. C~OJ If( iU~ Notary 'c My commission expires: 911 ja( COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christina L Wolfe, ~PubIic Carlisle 80<0, CUmbeI1and County My Commission Expires Sepl1, 2008 Member. Pennsylvania Association Of Notaries Exhibit 0 --------- r' ;-;. ,..., .;~~ W' (,-;-, F"' '""'1) ~,) c:) o -n :tl--n lTl~ ~=q I ':-) ~ '-;', "q .'~ () 1"n , , .::-:1 .r:- C"'i ~'~ - SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-03280 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WACHOVIA BANK VS GUTSHALL SANDRA 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 FRAKER BONNIE - HEIR OF MELVIN S MADDEN (DECEASED) but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , FRAKER BONNIE - HEIR OF MELVIN S MADDEN (DECEASED) 126 SOUTH SIDE DRIVE NEWVILLE, PA 17241 HOUSE IS VACANT. Sheriff's Costs: Docketing Service Not found return Surcharge 18.00 8.00 5.00 10.00 .00 41.00 ,---- /".-- , , ~.,/'----> So ansV;'frrE":-",._7 .//. -'"':;>;.>----' ." '~..... /;>....,'/ ~<.~/ .../'/. - "":~''''--''~''.,' "," "R:" Thomas line Sheriff of Cumberland County MCCABE WEISBERG CONWAY 08/09/2005 Sworn and subscribed to before me this q day of ;:(}.~ ~.D. '" ~ r{J~- ~. Prothono ary SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-03280 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WACHOVIA BANK VS GUTSHALL SANDRA 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 FERNSLER BRENDA - HEIR OF MELVIN S MADDEN (DECEASED) but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , FERNSLER BRENDA - HEIR OF MELVIN S MADDEN (DECEASED) 126 SOUTH SIDE DRIVE NEWVILLE, PA 17241 HOUSE IS VACANT AT ABOVE ADDRESS. Sheriff's Costs: Docketing Service Not found return Surcharge 6.00 .00 5.00 10.00 .00 21.00 So answe:r's:..)-,?/ .' -}....-::~::-:'::::-::- . 0~B;?~~::;s2./ Sheriff of Cumberland County MCCABE WEISBERG CONWAY 08/09/2005 Sworn and subscribed to before me 1 day of 4. 'j J.;;;" q,-bor A.D. tr-td,~~ ~~./ '4A - Prothonotary ~ this SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-03280 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WACHOVIA BANK VS GUTSHALL SANDRA 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 PARK DONNA - HEIR OF MELVIN S MADDEN (DECEASED) but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , PARK DONNA - HEIR OF MELVIN S MADDEN (DECEASED) 126 SOUTH SIDE DRIVE NEWVILLE, PA 17241 HOUSE IS VACANT AT ABOVE ADDRESS. 6.00 .00 5.00 10.00 .00 21.00 /-' So ans;vIO>-J:"ly.-" <_/ < / /h/0- R. Thomas Kl Sheriff of Cumberl .~~.::~::.-_.- Sheriff's Costs: Docketing Service Not found return Surcharge -- /~.-- ,.-::" County MCCABE WEISBERG CONWAY 08/09/2005 Sworn and subscribed to before me this q day of ~..,,-';;r ~A.D. t':;-;ili~-- ~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-03280 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WACHOVIA BANK VS GUTSHALL SANDRA 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 UNKNOWN SURVIVING HEIR OF MELVIN S MADDEN (DECEASED) but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE NOT FOUND , as to the within named DEFENDANT , UNKNOWN SURVIVING HEIR OF MELVIN S MADDEN (DECEASED) 126 SOUTH SIDE DRIVE NEWVILLE, PA 17241 HOUSE IS VACANT AT ABOVE ADDRESS. Sheriff's Costs: Docketing Service Not found return Surcharge 6.00 .00 5.00 10.00 .00 21.00 / _/~:::----=- ::> So answ~y- /' ~ /:,::>" ~<:-?< -------/"'---.'-- ,..---:::"'~'/" "',::.;~~ "",;;:;-.-- R. Thomas Sheriff of Cumbe MCCABE WEISBERG AND CONWAY 08/09/2005 Sworn and subscribed to before me this q day of ~ c(O"'j,/' A.D. r -rilu.t -7 -(pX. Prothonotary -''''l SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-03280 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK VS GUTSHALL SANDRA 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: GUTSHALL SANDRA - HEIR OF MELVIN S MADDEN (DECEASED) but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of HUNTINGDON County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On August 9th , 2005 , this office was in receipt of the attached return from HUNTINGDON Sheriff's Costs: Docketing Out of County Surcharge Huntingdon County 6.00 9.00 10.00 100.00 .00 125.00 08/09/2005 MCCABE WEISBERG --- .....-. .~;,:::;-~::'-.---:.~.) So "n~~erf!.'''~ _ ~~/ .~~~~/ R. Thomas Klin Sheriff of Cumber and County CONWAY Sworn and subscribed to before me this 9 cftOO5.-- t~.- day of t'lll/'4 A.D. ~r~y- ~ SHERIFF'S OFFICE HUNTINGDON COUNTY, PENNSYLVANIA 241 Mifflin Street Huntingdon, PA 16652 Telephone: 814-643-0880 William G. Walters, Sheriff Wachovia Bank, National Bank No, 3280 Term: 2005 Vs. Sandra Gutshall, Known Surviving Heir of Melvin S. Madden Now, the 22nd day of July , 2005 at 1402 AM-/P,M, , Notice and Complaint in Mortgage Foreclosure Sandra Gutshall, Known Surviving Heir of Melvin S. Madden I served the within upon at Rd 1 Box 651, Three Springs, PA 17264 by handing to Sandra Gutshall, personally one true and correct copy/copies of the within Notice and Complaint in Mortgage Foreclosure and made known to Sandra the contents thereof So Answers, , '-.---- ji/~ &: /JJ~ Willi~' It~? 'ff /fi~ Dep y Christopher K. Skipper Chief Deputy/Deputy Costs: Rec & Doc Service Mileage/Postage Surcharge Affidavit Miscellaneous $9.00 $9.00 $77.00 o 1ft eal Tammy . Coons. Notary Public Huntingdon Bora, Huntingdon County My Commission Expires Oct. 21, 2006 Member, Pennsylvania Association of Notaries $5.00 Total Costs $100.00 Paid In The Court of Common Pleas of Cumberland County, Pennsylvania Wachovia Bank National Bank VS. Sandra Gutshall, known surviving heir of Melvin S. No. Madden 05-3280 civil Now, July 6, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Hunting:J.on County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .r~~~R 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 known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff WACHOVIA BANK, NATIONAL BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS v. SANDRA GUTSHALL, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and BONNIE FRAKER, KNOWN SURVIVING HEIR FO MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and BRENDA FERNSLER, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and DONNA PARK, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED MORTGAGOR AND REAL OWNER and UNKNOWN SURVIVING HEIRS OF MELVIN S. MADDEN, DECEASED MORTGAGOR AND REAL OWNER NUMBER 05-3280 AMENDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND Terrence J. McCabe, Esquire, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief: 1. That he is counsel for the above-named Plaintiff; 2. That on September 9, 2005 per the attached Court Orders, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendants, Bonnie Fraker, Brenda Fernsler, and Donna Park, Known Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner, by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to their last-known address of 126 South Side Drive, Newville, PA 17241. True and correct copies of the letters, certificate of mailings, and certified receipts, are attached hereto, made a part hereof, and marked as Exhibit "A." 3. That on September 15, 2005 per the attached Court Orders, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendants, Bonnie Fraker, Brenda Fernsler, and Donna Park, Known Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner, by posting the same at the mortgaged premises of 126 South Side Drive, Newville, PA 17241. True and correct copies of the Sheriff's Returns of Service are attached hereto, made a part hereof, and marked as Exhibit "B." 4. That on September 23, 2005 in accordance with the attached Court Orders, Plaintiff served a true and correct copy of the Notice of the filing of the Complaint in Mortgage Foreclosure upon the Defendants, Bonnie Fraker, Brenda Fernsler, and Donna Park, Known Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner, through publication in the Cumberland Law Journal. True and correct copies of the Proof of Publication indicating the same are attached hereto, made a part hereof, and marked Exhibit "C." 5. That on September 15, 2005 in accordance with the attached Court Orders, Plaintiff served a true and correct copy of the Notice of the filing of the Complaint in Mortgage Foreclosure upon the Defendants, Bonnie Fraker, Brenda Fernsler, and Donna Park, Known Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner, through publication in The Sentinel. A true and correct copy of the Proof of Publication indicating the same is attached hereto, made a part hereof, and marked Exhibit "D." ~;;;:; -/ /d:/ TERRENCE J. McCABE, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS ~~ DAY OF j;./;/;'.c/ ,2005. (}/~StVrtdt(f r~'J' ~~14 NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Chnssandra Sheye Hamilton, NOlary Public Clly III Philadelphia Phil. Counly My CommiSSion E~~lr~s jahuary 4, 2009 ~.--;.;.~.--_.,-"~--_..~".. -_..__._------~----_.. \ W ACHOVIA BANK, NATIONAL BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, CIVIL ACTION - LAW SANDRA GUTSHALL, Known Surviving Heir of Melvin S. Madden,I>eceased Mortgagor and Real Estate Owner, and BONNIE FRAKER, Known Surviving Heir of Melvin S. Madden,I>eceased Mortgagor and Real Estate Owner, and BRENDA FERNSLER, Known Surviving Heir of Melvin S. Madden,I>eceased Mortgagor and Real Estate Owner, and I>ONNA PARK, Known Surviving Heir of Melvin S. Madden,I>eceased Mortgagor and Real Estate Owner, and UNKNOWN SURVIVING: HEIRS OF MELVIN S. MAI>I>EN, I>eceased Mortgagor and Real Estate Owner, I>efendants NO. 05-3280 CIVIL TERM I ORDER OF COURT AND NOW, this 26tl1 day of August, 2004, upon consideration of Plaintiff's Petition To Allow Service on the Defendants by Regular Mail, Certified Mail and Posting Pursuant to Pa. Rule of Civil Procedure 430, it is ordered and directed that Plaintiff may serve the Complaint in Mortgage Foreclosure upon the Defendants by (I) mailing a true and correct copy of the complaint by certified mail and regular mail, to Defendants' last known address at 126 South Side Drive, Newville, PA 17241, (2) publication once in the Cumberland Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting the premises at 126 South Side Drive, Newville, PA 17241. BY THE COURT, Terrence J. McCabe, Esq. A3 South Broad, Suite 2080 hiladelphia, PA 19109 Attorney for Plaintiff :rc TRUE COPY FROM AECOft.U '" TIItImoItv whereof. I here unto set my Iland md tie .... II saIO ~ Ill'ft......- ft.. ;zXl!J "'-. Pa. .. (1; :;tit .';;; ProtllonOlllIY ~xhibit A <OJ .-'l <OJ U1 U.S. Postal Service", CERTIFIED MAIL", RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) , " , -, , , I OFFICIAL USE I Postage $ Certified Fee RebJm Rec9lpt Fee - (Endorsement Required) - Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ .JI tr U1 rn .-'l Cl Cl Cl Cl ..n .-'l .-'l U1 o 0 LJ .' ,.-- L CJ ~:,";'>.!7/}, < /--',?:::J..-A'r-"-f r- liiniii.7IPt7iiir--m--m------uu----nm-m-n----nm.--n-----------.m--u- orPD Box No. /-~ :~ .,--:..,._#~ -:'I,I;~ C:..--.~..,<-e 'Cil).:~5ijiS;ZjP+;;.-.--~----_._._-.d:'.._.---.n-----...-...--_-,{;:-n-~----.---~-~-.-----~ --:1< /; U1 ru <OJ U1 ..n tr U1 rn .-'l Cl Cl Cl Cl ..n .-'l .-'l U.S. Postal Service" CERTIFIED MAIL" RECEIPT (Domestic Mall Only, No Insurance Coverage Provided) , ,- , , . , -, , , I OFFICIAL USE I - $ Certified Fee Return Receipt Fee - (Endorsement Required) He.. --- (Endorsemnnt Requi<ed) Total Postage & Fees $ U1 g 0 8--C_~7'7~-~ h\,,-.,c~~"'- r-liiniii.-A;iCNo.;------------------u--------n-----------------m-u_______________m ~~.~w~.._~:g_~:___._~~:<;;Lf:.~~."___:~~:_~%"_..__Q.C__...__..--- City, State, ZI~ / . '. r _ ,1.;;,zn ,/ /--h /-. . ru rn <OJ U1 U.S. postal Service,.. CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) , . . ,- , , " r OFFICIAL USE \ p- $ Certified Fee _arl< Return Receipt Fee Hmo (Endorsement Required) Aestr\Ct8cI Delivery Fee (Endorsement Required) Total postage & Fees $ ..n tr U1 rn .-'l Cl Cl Cl Cl ..n .-'l .-'l U1 Cl CJ r- SHERIFF'S RETURN - REGULAR CASE NO: 2005-03280 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK VS GUTSHALL SANDRA ET AL 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 PARK DONNA - HEIR OF MELVIN S MADDEN (DECEASED) the DEFENDANT , at 1908:00 HOURS, on the 15th day of September, 2005 at 126 SOUTH SIDE DRIVE NEWVILLE, PA 17241 by handing to POSTED PROPERTY AT 126 SOUTH SIDE DRIVE NEWVILLE 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 Posting Surcharge So Answers: 6.00 .00 6.00 10.00 .00 22.00 jfl"~d'-<' ~ R. Thomas Kline day of 09/16/2005 MCCABE WEISBERG CONWAY ~~heriY-/ By: Sworn and Subscribed to before me this A.D. Prothonotary Exhibit B SHERIFF'S RETURN - REGULAR CASE NO: 2005-03280 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK VS GUTSHALL SANDRA ET AL 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 FRAKER BONNIE - HEIR OF MELVIN S MADDEN (DECEASED) the DEFENDANT , at 1908:00 HOURS, on the 15th day of September, 2005 at 126 SOUTH SIDE DRIVE NEWVILLE, PA 17241 by handing to POSTED PROPERTY AT 126 SOUTH SIDE DRIVE NEWVILLE 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 Posting Surcharge So Answers: 18.00 8.80 6.00 10.00 .00 42.80 r~'/~~ R. Thomas Kline 09/16/2005 MCCABE WEISBERG CONWAY Sworn and Subscribed to before By: ~y !;d;;f{ me this day of A.D. Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2005-03280 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK VS GUTSHALL SANDRA ET AL 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 FERNSLER BRENDA - HEIR OF MELVIN S MADDEN (DECEASED) the DEFENDANT , at 1908:00 HOURS, on the 15th day of September, 2005 at 126 SOUTH SIDE DRIVE NEWVILLE, PA 17241 by handing to POSTED PROPERTY AT 126 SOUTH SIDE DRIVE NEWVILLE 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 Posting Surcharge So Answers: 6.00 .00 6.00 10.00 .00 22.00 _~~~--c~ . ..' R. Thomas Kline me this day of 09/16/2005 MCCABE WEISBERG CONWAY t.~"fM-~ By: Sworn and Subscribed to before A.D. Prothonotary PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tanuny Shoemaker, 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 date 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) September 15,2005 COPY OF NOTICE OF PUBLICATION McCABE, WEISBERG AND CONWAY, P.C. SY: TERRENCE J. McCABE, ESQUIRE IcMhtlflcatlon Number 16496 ..iSOuth Broad Street, Suite 2080 ........elphla, Pennsylvania 19109 ~Jll) 790-1010 Wechovia Bank, National Bank Attorney for Plaintiff Cumberland County Court of Common Pleas v, $andRi Gutshall, Known Surviving Heir of MeMr(S. Madden, Deceased Mortgagor andRes! Owner and Bonnie Fraker, Known Surviving Heir of MeMo $. Madden, Deceased Mortgagor and Real Owner and Brenda Fernsler, Known SurviVing Heir of MeMo S. Madden, Deceased Mortgagor and Real Owner and Donna Park, Known Surviving HeIr of MeMo S. Madden, Deceased Mortgagor and Real Owner and tfftkAown Surviving Heirs of Melvin $. : ~n, Deceased Mortgagor and Real Owner: Numb.er 05.3260_ ij;;;;f). TO: 80nnle Fraker, Brenda Fern.ler and Donna Park, Known Surviving H~'i~'~f ...-vln S. Madden . IlI'l'1!OF ACTION: CIVIL ACTIONICOMPLAINT IN MORTGAGE FORECLOSURE P.UISES SUBJECT TO FORECLOSURE: 103 Woodndge Drive, Cranberry 1ownshlp, PA 16066 t!QI(g If you wish to defend, you must enter a written appearance personally or by attorney 8f'Id file your defenses or objections in writing with the court. You are warned that if you fall to do so the case may proceed without you and a judgement may be entered against you without further notice for the relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE 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 IFkw... .. ~ GANNOT 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, lawyers Reference Service Butler County Bar Association 2 Liberty Avenue Car1!sle, PA 17013 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 -~ Sworn to and subscribed before me this 21st day of September, 2005. c~ jJ~'-i<Xv I? fA )~ Notary ublic My commission expires: q II /dt COMMONWEALTH OF PENNSYLVANIA NoIaIiaI Seal Chnslina L Wdfe, NotaJy P\JbIiC Carlisle Boro, Cumberland County My Commission Expires Sept. 1 , 2008 Member. PennsylvanIa Association Of Notaries EXHIBIT "e" 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 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 September 23, 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 September, 2005 r:vhibit D NOTARIAL SEAL LOIS E- SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 CUMBERLAND LAW JOURNAL NOTICE Cumberland County Court of Common Pleas Number 05~3280 Wachovia Bank. National Bank v. Sandra Gutshall. Known Surviving Heir of Melvin S. Madden. Deceased Mortgagor and Real Owner and Bonnie Fraker. Known Smvlving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Brenda Femsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Donna Park, Known Surviving Heir of Melvin S. Madden. Deceased Mortgagor and Real Owner and Unlmown Surviving Heirs of Melvtn S. Madden. Deceased Mortgagor and Real Owner TO: Bonnie Fraker, Brenda Femsler and Donna Park. Known Surviv- ing Heirs of Melvin S. Madden 1YPE OF ACTION: CIVIL ACTION/COMPLAINT IN MORTGAGE FORECLOSURE. PREMISES SUBJECT TO FORECLOSURE: 103 Woodridge Drive Cranberry Township, PA 16066. 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 faU to do so the case may pro- ceed without you and a judgment may be entered against you without further notice for the relief request- ed 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- IF YOU DO NaJ' HAVE A LAWYER. GO TO OR TELEPHONE 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 PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERV- ICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, Lawyers Reference Service Cumberland County Bar Association Carlisle. PA 17013 (717) 249-3166 TERRENCE J, McCABE, ESQUIRE Identification Number 16496 McCABE. WEISBERG AND CONWAY, P.C- Attomeys for Plainttlf 123 South Broad Street Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Sept- 23 9 ~ (':;" t",;''> r;) ~"J_ -, \ (....;'\ -::' .,;.-' -'> Q, .-\ 4- \~\'\ -- cr' j --' ',7 ~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-03280 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK VS GUTSHALL SANDRA ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GUTSHALL SANDRA - HEIR OF MELVIN S MADDEN (DECEASED) the DEFENDANT , at 1523:00 HOURS, on the 7th day of September, 2005 at 126 SOUTH SIDE DRIVE NEWVILLE, PA 17241 by handing to POSTED PROPERTY AT 126 SOUTH SIDE DR NEWVILLE 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 Posted Surcharge So Answers: 18.00 8.80 6.00 10.00 .00 42.80 .~a,/ __j ~~ r /7'~~~__~~......-r R. Thomas Kline 09/09/2005 MCCABE WEISBERG Sworn and Subscribed to before By: day of puty Sheriff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2005-03280 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK VS GUTSHALL SANDRA ET AL 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 FRAKER BONNIE - HEIR OF MELVIN S MADDEN (DECEASED) the DEFENDANT , at 1908:00 HOURS, on the 15th day of September, 2005 at 126 SOUTH SIDE DRIVE NEWVILLE, PA 17241 by handing to POSTED PROPERTY AT 126 SOUTH SIDE DRIVE NEWVILLE 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 Posting Surcharge So Answers: 18.00 8.80 6.00 10.00 .00 42.80 r~r/~~ R. Thomas Kline 09/16/2005 MCCABE WEISBERG CONWAY Sworn and Subscribed to before By: ~y 61;;f{ me this of A.D. notar SHERIFF'S RETURN - REGULAR CASE NO: 2005-03280 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK VS GUTSHALL SANDRA ET AL 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 FERNSLER BRENDA - HEIR OF MELVIN S MADDEN (DECEASED) the DEFENDANT , at 1908:00 HOURS, on the 15th day of September, 2005 at 126 SOUTH SIDE DRIVE NEWVILLE, PA 17241 by handing to POSTED PROPERTY AT 126 SOUTH SIDE DRIVE NEWVILLE 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 Posting Surcharge So Answers: 6.00 .00 6.00 10.00 .00 22.00 /", ..,/ ~//7 ._~(If"?-t, /.,..?'/ ~ ~ ..'1"" /7:'-::;;;:'~v.r-:"~"':;",r:~ ,4.- ,..~...,..r::...p . ' R. Thomas Kline me this 09/16/2005 MCCABE WEISBERG CONWAY l:;~;;f;stjM- ~ By: Sworn and Subscribed to before day of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2005-03280 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK VS GUTSHALL SANDRA ET AL 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 PARK DONNA - HEIR OF MELVIN S MADDEN (DECEASED) the DEFENDANT , at 1908:00 HOURS, on the 15th day of September, 2005 at 126 SOUTH SIDE DRIVE NEWVILLE, PA 17241 by handing to POSTED PROPERTY AT 126 SOUTH SIDE DRIVE NEWVILLE 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 Posting Surcharge So Answers: 6.00 .00 6.00 10.00 .00 22.00 ?",,,,,-"./ ~?~"fi"'f" }-;:':',if':.~.-),-~. ,,<../ .,/~ "'/ .... ~ R. Thomas Kline me this of 09/16/2005 MCCABE WEISBERG CONWAY By: fe~heri~-I Sworn and subscribed to before A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2005-03280 P Amended COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK VS GUTSHALL SANDRA ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon UNKNOWN SURVIVING HEIR OF MELVIN S MADDEN (DECEASED) the DEFENDANT , at 1523:00 HOURS, on the 7th day of September, 2005 at 126 SOUTH SIDE DRIVE NEWVILLE, PA 17241 by handing to POSTED PROPERTY AT 126 SOUTH SIDE DRIVE NEWVILLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Amended Sheriff's Costs: Docketing Service Posting Surcharge So Answers:,~ ~ _T"~~:<-1~-R 18.00 8.80 6.00 10.00 .00 42.80 R. Thomas Kline 09/16/2005 MCCABE WEISBERG Sworn and Subscribed to before By: me this d ( <' day of A.D. " McCABE, WE1SBERG AND CONWAY, P.e. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Wachovia Bank, National Bank Cumberland County Court of Common Pleas vs, Sandra Gutshall, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner Bonnie Fraker, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner Brenda Fernsler, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner Donna Park, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner Unknown Surviving Heirs of Melvin S, Madden, Deceased Mortgagor and Real Owner Number 05-3280 ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above- captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 6/25/05 - 10/25/05 TOTAL $128,606,98 $ 3.253,74 $131,860,72 '/:"h(/V> v0 2. i1'Ir (t---l----L- TERRENCE r McCABE, ESQUIRE AND NOW, this day of ,2005, Judgment is entered in favor of Plaintiff, Wachovia Bank, National Bank and against Defendant(s) Sandra Gutshall, Bonnie Fraker, Brenda Femsler and Donna Park, Known Surviving Heirs of Melvin S_ Madden, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Melvin S_ Madden, Deceased Mortgagor and Real Owner and damages are assessed in the amount of $131 ,860,72, 7 /~) B~F,J! -- plus interest and costs, -' ~ ~) f' f \ -". D: ~ ~ t ~~r\1~~ r -: ~ , '.-.' , , t '. .. '" :5" / " '4", v \ ~ l:w.. ,'" =~ ~ -:-_ \ >;--'-" r- \1t:rf ~~,\.~rf\ ~_) .~ \_ ~~ }0 -r-( ~\..:., - n ,"\...) ~ ~ -". I- X, ,", - '" -> <7 ~ "" ~\ ~ '" ~ e. ~ ,Ii II :: "I" ) ' > OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner RDl BOX 651 Three Springs, P A 17264 Wachovia Bank, National Bank Cumberland County Court of Common Pleas vs, Sandra Gutshall, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner Bonnie Fraker, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner Brenda Fernsler, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner Donna Park, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner Unknown Surviving Heirs of Melvin S, Madden, Deceased Mortgagor and Real Owner Number 05-3280 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Judgment by Default Joh'1/o;' / Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe. Esquire at (215) 790-1010, , OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, P A 17013 Curtis R. Long Prothonotary To: Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner 126 South Side Drive Newville, P A 17241 Wachovia Bank. National Bank Cumberland County Court of Common Pleas vs. Sandra Gutshall, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner Bonnie Fraker, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner Brenda Fernsler, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner Donna Park, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner Unknown Surviving Heirs of Melvin S, Madden, Deceased Mortgagor and Real Owner Number 05-3280 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe. Esquire at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner 126 South Side Drive Newville, PA 17241 Wachovia Bank. National Bank Cumberland County Court of Common Pleas vs, Sandra Gutshall, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner Bonnie Fraker, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner Brenda Fernsler, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner Donna Park, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner Unknown Surviving Heirs of Melvin S, Madden, Deceased Mortgagor and Real Owner Number 05-3280 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any qaestions concerning this Judgment, please call Terrence r McCabe. Esquire at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner 126 South Side Drive Newville, PA 17241 Wachovia Bank, National Bank Cumberland County Court of Common Pleas vs, Sandra Gutshall, Known Surviving Heir of Melvin S_ Madden, Deceased Mortgagor and Real Owner Bonnie Fraker, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner Brenda Fernsler, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner Donna Park, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner Unknown Surviving Heirs of Melvin S, Madden, Deceased Mortgagor and Real Owner Number 05-3280 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence r McCabe. Esquire at (215) 790-1010, OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISI~E, PA 17013 Curtis R. Long Prothonotary To: Unknown Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner 126 South Side Drive Newville, PA 17241 Wachovia Bank, National Bank Cumberland County Court of Common Pleas vs, Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Bonnie Fraker, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner Brenda Fernsler, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner Donna Park, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner Unknown Surviving Heirs of Melvin S, Madden, Deceased Mortgagor and Real Owner Number 05-3280 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence r McCabe. Esquire at (215) 790-1010. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Wachovia Bank, National Bank vs, Cumberland County Court of Common Pleas Sandra Gutshall, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner Bonnie Fraker, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner Brenda Fernsler, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner Donna Park, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner Unknown Surviving Heirs of Melvin S_ Madden, Deceased Mortgagur and Real Owner Number 05-3280 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF C1JMBERLAND: The undersigned, being duly sworn according to law, deposes and says that the Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant(s), Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real owner, is over eighteen (18) years of age, and resides at RDI BOX 651, Three Springs, P A 17264; and that Defendant(s), Bonnie Fraker, Brenda Fernsler, and Donna Park, Known Surviving Heirs and Unknown Surviving Heirs of Melvin S_ Madden, Deceased Mortgagor and Real Owner, are over eighteen (18) years of age, and resides at 126 South Side Drive, Newville, PA 17241. ___ fl // I /./1./'t..--f!/"f-/r e-..u' y. /i/1 {' ~- TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 25th DAY OF Oct ,2005, ..,,~~-"~' .".,--.".", \. . (' 1M ,1:LO n ~gT~~$ ~~LI~~ " McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Wachovia Bank, National Bank vs, Cumberland County Court of Common Pleas Sandra Gutshall, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner Bonnie Fraker, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner Brenda Fernsler, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner Donna Park, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner Unknown Surviving Heirs of Melvin S, Madden, Deceased Mortgagor and Real Owner Number 05-3280 CERTIFICATION I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the Complaint and is calculable as a sum certain from the Complaint. 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 the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No_ 237.1 is attached hereto and marked Exhibit "A". '--- /J /,' // /~"",, C-u >I. /';1 r "-<--A.,C- TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 25th DAY OF Oct. ,2005_ '~ '.' .0 ( ~.-J VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 P A.CS. Section 4909 relating to unsworn falsification to authorities. ;::::::'~/V'1 <--<-- !J rn ( /-~ TERRENCE J. MccA13E, ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary Oclober 14,2005 To: Sandra Gutshall, Known Surviving Heir of Melvin S. Madden RD 1 Box 651 Three S rin s, P A 17264 Wachovia Bank, National Bank y" Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Donna Park, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner Cumberland County Court of Common Pleas Number 05-3280 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEF AUL T IMPORTANT NOTICE You ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN 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 (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARlNG 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty A venue Carlisle, P A, 17013 800-990-9108 TJM/rda NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBEWIA paR NO HABER PRESENTADO UNA CQMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A WS RECLAMOS FORMULAOOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE D1EZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE CQMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, D1CfAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOS IMPORT ANTES. U STED LE DEBE TOMAR ESTE P APEL A SU ABOGAOO INMEDIA T AMENTE. SI USTED NO TIENE A UN ABOGAOO, V A A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. EST A OFICINA LO PUEDE PROPORCIONAR CON INFORMACI6N ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGAOO, EST A OFICINA PUEDE SER CAP AZ DE PROPORCIONARLO CON INFORMACI6N ACERCA DE LAS AGENClAS QUE PUEDEN OFRECER WS SERVICIOS LEGALE~ A PERSONAS ELEGIBLES EN UN HONORARlO REDUCIDO NI NING Av:J~ : 11\1' t A Aiii[J " OFfiCE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary October 14,2005 To: Bonnie Fraker, Known Surviving Heir of Melvin S. Madden 126 South Side Drive Newville, PA 17241 Wachovia Bank, National Bank V" Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Brenda Femsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner Cumberland County Court of Common Pleas Number 05-3280 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATIQRNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO mE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT AHEARING AND YOU MAY LOSE YOURPROPERTY OR OTHER IMPORT ANT RIGHTS. YOu SHOULD TAKE TIllS 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 WITII INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIREA LAWYER, THIS OFFICEMA Y BE ABLE TO P~OVIDE YOU WITH INFORMATION ABOUT AGENClESTHATMA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, ] 7013 800-990-9108 TJM/rda NOTIfiCACION IMPORT ANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENT ADO UNA COMP ARECENCIA ESCRIT A, Y A SEA PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADQS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DlEZ (10) DlAS DE LA PECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMP ARECER USTED EN CORTE U OIR PREUBA ALGUNA, DlCT AR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOS IMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABQGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. EST A OFICINA ill PUEDE PROPORCIONAR CON INFORMACI6N ACERCA DE EMPLEAR A UN ABOGAOO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARill CON INFORMACI6N ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 Terrence J. McCabe, Esquire Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 OFfiCE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, P A 17013 Curt Long Prothonotary October 14, 2005 To: Brenda Fems1er, Known Surviving Heir of Melvin S. Madden 126 South Side Drive Newville,PA 17241 Wachovia Bank, National Bank VS, Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Brenda Femsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner Cumberland County Court of Common Pleas Number 05-3280 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORT ANT NOTICE You ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITIEN 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 (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT AHEARING AND YOUMA Y LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. You SHOULD TAKE THIS PAPER TO VOUR LAWYER AT ONCE. IF VOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE VOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THATMA V OFFER LEGAL SERVICES TO EUGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 TJM/rda NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBEWIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONAlMENTE 0 POR ABOGADO Y POR NO HABER RADiCADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULAOOS EN CONTRA SUVO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, D1CTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OIRas DERECHOS IMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGAOO INMEDIA T AMENTE. 51 USTED NO TIENE A UN ABOGADO, V A A a TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. 51 USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGAlES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 Terrence J. McCabe, Esquire Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 OFmCE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, P A 17013 Curt Long Prothouotary October 14, 2005 To: Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner 126 South Side Drive Newville, PA 17241 Wachovia Bank, National Bank vs. Sandra Gutshall, Known Surviving Heir ofMe1vin S. Madden, Deceased Mortgagor and Real Owner and Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner Cumberland County Court of Common Pleas Number 05-3280 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY A ITORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST you. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT AHEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOUll 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 ALA WYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THATMA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty A venue Carlisle, P A, 17013 800-990-9108 TJM/rda NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBEIJ)IA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOGAIXJ Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFlCACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIAEN SU CONTRA Y USTED PODRIA PERDER BIENES U orROS DERECHOS IMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. 51 usrED NO TlENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. 51 USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, EST A OFICINA PUEDE SER CAP AZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUEPUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUClDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A, 17013 800-990-9108 Terrence J. McCabe, Esquire Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvauia 19109 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Loug Prothonotary October 14, 2005 To: Donna Park 126 South Side Drive Newville,PA 17241 Wachovia Bank, National Bank vs. Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Brenda Femsler, Known SUlviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner Cumberland County Court of Common Pleas Number 05-3280 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORT ANT NOTICE NOTIFICACION IMPORTANTE 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 VuLl. UNLESS YOU ACT WITHIN TEN (l0) DAYS FROM THE DATE OF THIS NOTICE, A JUOOMENT 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 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 Bar Association 2 Liberty A venue Carlisle, PA, 17013 800-990-9108 USTED SE ENCUENTRA EN ESTADO DE REBELDJA paR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 paR ABOGADQ Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUVO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DlEZ (10) DlAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA V USTED PODRIA PERDER BIENES U GTROS DERECHOS IMPORT ANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATA.\1ENTE. SI llSTED NO TIENE A UN ABOOADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. EST A OFICINA LO PUEDE PROPORCIONAR CON INFORMACI6N ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, EST A OFICINA PUEDE SER CAP AZ DE PROPORCIONARLO CON INFORMACI6N ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A, 17013 800-990-9108 Terrence J. McCabe, Esquire Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P.c. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 TJMlrda IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION Wachovia Bank, National Bank FILE NO.: 05-3280 Civil Term vs. AMOUNT DUE: $131,860.72 Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner INTEREST: from 10/26/05 - 3/8/06 $2.905.12 at $21.68 Per Diem ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 126 South Side Drive. Newville. PA 17264 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named gamishee(s) for the following property (ifreal estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said gamishee(s). (Indicate) Index this writ against the gamishee(s) as a lis pendens against real estate of the defendant( s) described in the attached exhibit. DATE: 10/.2.5 /05 /. Signature: ?::-~~~ '-'_ f/. In ( r:,,~~ Print Name: TERRENCE J. McCABE, ESQUIRE Address: 123 S. Broad Street. Suite 2080 Philadelphia. PA 19109 Attorney for: Plaintiff Telephone: (215) 7901010 Supreme Court ill No. 16496 " - '- ~ '"._ -t:' ....c' ~ L ~ , -C- ~ IN -, ...,,~. ,-,)c,"" ..,J, - \,).) . . . -'- Q~'&t--;:}<;::J;); ~ c '" (> d C~ ~ -r- y- ~) (";J ~ (' ~ 0-' " ~ >-' c:- ,", ~ '- ~ -" .0', <:-:...: <of" '?/ t..:; " Vl ~"& ,,' ",,' '" -<-. -- - ,/", ~ "J. <>.\\~. \:. <".::, C1', .p ....;, c-.. ~ c' " "', ,-. c? ~) 1"' 1\ c- r--,) (':-' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-3280 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Wachovia Bank, National Bank Plaintiff (s) From Sandra Gutshall, Known Surviving Heir of Melvin S Madden, Deceased Mortgagor and Real Owner. Bonnie Fraker, Known Surviving Heir of Melvin S. Madden Deceased Mortgagor and Real Owner. Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner. Donna Park Known Surviving Heir of Melvin S. Madden Deceased Mortgagor and Real Owner. Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner (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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$ 131,860.72 L.L.$0.50 Interest From 10/26/05- 3/08/06 $2,905.12 at $21.68 Per Diem Atty's Comm % Due Prothy $1.00' Ally Paid $ 483.40 Plaintiff Paid Other Costs Date: OCTOBER 27,2005 (Seal) By: Deputy REQUESTING PARTY: Name Terrence J. McCabe, Esq. Address: 123 S. Broad Street, Suite 2080 Philadelphia, Pa. 19109 Attorney for: Plaintiff Telephone: (215)790-1010 Supreme Court ID No. 16496 McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 215 790-1010 Wachovia Bank, National Bank COURT OF COMMON PLEAS v. Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Cumberland COUNTY Real Owner and Bonnie Fraker, Known Surviving Heir efMelvin S. Madden, Deceased Mortgagor and Real Owner and Number 05-3280 Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 126 South Side Drive, Newville, P A 17241 (Tax Parcel #31120330030A), a copy of the description of said property is attached hereto and marked as Exhibit "A." 1. N~me and address of Owners or Reputed Owners: Name Address Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner RD I Box 651 Three Springs, PAl 7264 Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Brenda Femsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner 126 South Side Drive Newville, PA 17241 126 South Side Drive Newville, PA 17241 126 South Side Drive Newville, PA 17241 126 South Side Drive Newville, PA 17241 2. Name and address of Defendants in thejudgmen(: Name Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Brenda Femsler, Known Surviving Heir of Melvin S. M'ldden, Deceased Mortgagor and Real Owner Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner Address RD 1 Box 651 Three Springs, P A 17264 126 South Side Drive Newville,PA 17241 126 South Side Drive Newville, PA 17241 126 South Side Drive Newville, PAI7241 126 South Side Drive Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address ofthe last recorded holder of every mortgage ofrecord: Name Address Plaintiff herein. 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 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 Address Tenants 126 South Side Drive, Newville, PA 17241 Domestic Relations Cumberland County Commonwealth of Pennsylvania P.O. Box 320 Carlisle, P A 17013 Commonwealth of Pennsylvania Inheritance Tax Office Department of Public Welfare P.O. Box 2675 Harrisburg,PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, P A 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. 1 understand that false statements herein are made subject to the penalties ofl8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. October 25, 2005 DATE ~V<A.~ "-<- y. ft1.~ &vt!-<.. TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff (-\ .--,) r~, ._1 ).1 .. , ___J - McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Wachovia Bank, N.tional Bank Cumberland County Court of Common Pleas vs. Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Bmmie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Unknown Surviving Heirs of Melvin S, Madden, Deceased Mortgagor and Real Owner Number 05-3280 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner RDl BOX651 Three Springs, PAl 7264 Bonnie Fraker, Brenda Fernsler and Donna Park, Known Surviving Heirs and Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real owner 126 South Side Drive Newville, P A 17264 Your house (real estate) at 126 South Side Drive, Newville, P A 17264 (Tax Parcel #31120330030A), is scheduled to be sold at Sheriff's Sale on March 8, 2006 at 10:00 a,m, in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $131,860.72 obtained by Wachovia Bank, National Bank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Wachovia Bank, National Bank, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790- 1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. - 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attomey.) 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amcunt 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. Yon have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE COUNTY COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 r"~ ~-.1 .) ,". LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATED IN PENN TOWNSHIP CUMBERLAND COUNTY PENNA., MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A SPIKE IN THE CENTER OF TOWNSHIP ROAD 349, SAID POINT BEING THE SOUTHEAST CORNER OF LANDS OF GEORGE H. SHUGHART; THENCE ALONG LANOS OF GEORGE H. SHUGHART NORTH 3 DEGREES 14 MINUTES EAST 275 FEET TO A BIG TREE WITH AN IRON SPIKE; THENCE ALONG OTHER LANDS OF THE GRANTORS HEREIN EAST 765.5 FEET TO A STEEL PIN; THENCE ALONG LANDS OF THE GRANTORS HEREIN SOUTHEAST 223 FEET TO A POINT IN THE CENTER OF THE AFORESAID TOWNSHIP ROAD; THENCE ALONG THE CENTER OF THE AFORESAID TOWNSHIP ROAD; SOUTH 54 DEGREES 06 MINUTES WEST 30.0B FEET TO A SPIKE IN THE CENTER OF TOWNSHIP ROAD; TBENCE CONTINUING ALONG SAID TOWNSHIP ROAD, SOUTH 64 DEGREES 42 MINUTES 40 SECONDS WEST 123.92 FEET TO A SPIKE, THE POINT AND PLACE OF BEGINNING. BEING KNOWN AS 126 South Side Drive, Newville, PA 17264 Being the same premises which Rodney E. Fraker and Bonnie L Fraker, by deed dated the 4/12/1972 and recorded 4/12/1972 in the Office of the Recorder in and for Cumberland County in Deed Book 024 Page 507, granted and conveyed to Melvin S. Madden (Deceased) and Mary M. Madden (Deceased). ' TAX MAP PARCEL NUMBER: 31120330030A McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Wachavia Bank, National Bank Cumberland County Court of Common Pleas vs. Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Donna Park, Known Surviving Heir of Melvin S. Madden. Deceased Mortgagor and Real Owner Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner Number 05-3280 AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 61h day of January 2006, a true and correct copy of the Notice of Sheriffs Salc of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A". Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "E." / /' ^--/I - , / / TERRENCE r: McCABE, ESQUIRE Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 61h DAY OF (January, 2006. () ,. . . . cfv~tsc~1d(Q ,"?fL, ./LJi. NOTARY PUBLIC COMMONWEA L TH o~ "" f'>>iN'''h'"LVAN ,',-,__ ...". fA Chri NOTARiP""AI ~.andra Shaye H''''.';~I Notary P bl M rty Of,PhiladeipiI,eJh!la. Count U Ie y CommlsSIO ... Y ...-.-.-...,.... .':'..,dnuary4,200g r, ~.:~ -." r~.,) G') ('1 -(I :.;:! i'i: (",J - McCABE, WEISBERG AND CONWAY, P.e. BY: TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 215 790-1010 Wachovia Bank, National Bank COURT OF COMMON PLEAS v. Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Cumberland COUNTY Real Owner and Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Number 05-3280 Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 126 South Side Drive, Newville, PA 17241 (Tax Parcel #31 120330030Al, a copy of the description of said property is attached hereto and marked as Exhibit "A." I. Name and address of Owners or Reputed Owners: Name Address Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner RD 1 Box 651 Three Springs, P A 17264 EXHIBIT A Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner 126 South Side Drive Newville, P A 17241 126 South Side Drive Newville. PA 17241 126 South Side Drive Newville, P A 17241 126 South Side Drive Newville, P A 17241 2. Name and address of Defendants in the judgment: Name Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner Address RD I Box 651 Three Springs, P A 17264 126 South Side Drive Newville, P A 17241 126 South Side Drive Newville, PA 17241 126 South Side Drive Newville, P A 17241 EXHIBIT A 126 South Side Drive Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mOltgage of record: Name Address Plaintiff herein. 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 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 Address Tenants 126 South Side Drive, Newville, PA 17241 Domestic Relations Cumberland County P.O. Box 320 Carlisle, P A 17013 Commonwealth of Pennsylvania Inheritance Tax Office Department of Public Welfare P.O. Box 2675 Harrisburg, P A 171 05 1400 Spring Garden Street Philadelphia, P A 19130 Commonwealth of Pennsylvania EXHIBIT A I verifY that the statements made in this Affidavit are true and correct to the best of my personal knowledge or inforrnatioi1 and belief. 1 understand that false statements herein are made subject to the penalties ofl8 Pa.C.S. Section 4904 relating to u)lsworn fa sification to authorities. /' /'-'/" / v /.{~RREN E J. McCABE, ESQUIRE / / Attorney for Plaintiff Commonwealth of Pennsylvania Bureau oflndividual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service January 6, 2006 DATE / / , 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O, Box 8486 Harrisburg, P A 17105-8486 Technical Support Croup, William Creen Federal Bldg. Room 3259, 600 Arch Street Philadelphia, P A 19106 EXHIBIT A C"l :h :? j-)",\ <-<, ~".,) ....'~, M€CABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE ,/. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Wacha via Bank, National Bank Cumberland County Court of Common Pleas vs. Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner Number 05-3280 DATE: January 6, 2006 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner PROPERTY: 126 South Side Drive, Newville, PA 17264 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sak on March 8, 2006, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests, A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule:. EXH\B\T B o Wo-, Q~:C- ~(>J"::fJ -\0 ,.-- N<:-UJ Oc~Cl :;c 0 ~'ii: N O~ (-- 0, t'-..-'Q:: UJ Li... -~::2.: 0 '-'''T Uj 0:::::: C.,J ,':, <r '~-' 6 :2 ~ -" , ii'~Ul c ~- , 1i .'! , " 2 " ,. c ~ ;; ~ ~ ~ f~ 1..> '"' ,,~ :; o'2-;;E'<<i ;; 8 ~ ~_~ t;.::!<>o:c," ~D ODD ~ 1 8 "' '''0 .~ :.> "%~ p. ;..; ~ .2':'-z i":'::<"D -6~g~~~ ~'-'UOI1J..5 :)00000 '0 0- " " ti ~o c: "0 See ~ 5v~ .- (/}"Q <vi?; r- ''0 '@.~~.~ '" OlJ(,I).- = i3 t ~<t: - .a-8V;p- e ~~-g::!-~ -o.....o..c sico%Z ~Cv)i~ ;a u r~,'~ Eo- :z~~:t< ..:; "i!o 0_ x~ ~ ~, & c 0 "- " c " .0 ~. "- 2 ;; E' '" ~ d .~ d , " 2 ~ " c " ~ ~ ~ " 2 > " ~ ;; ~QI ;; ~ ':::'$ ::. .?:. ~ '" C .= ~ '" "''' ~ " ~'d) >, ,; ;;>-, ~ " v , " "' Q :2~ c: c:r v .,. " ~O:;DS~ '- " I 2~ c: ~o avo ~s ~ .~ "& ~ " v u ~ 5 3:7<~ ~I-'v;, 00 u ~ ~ ~ >- 2oa:.J::O .0 > 0 o...~.> t'o~ ;.::::W 0 ~v;:; ~;:; . 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(..r.> ('-,1 C) McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff WACHOVIA BANK, NATIONAL BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS v. SANDRA GUTSHALL, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and BONNIE FRAKER, KNOWN SURVIVING HEIR FO MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and BRENDA FERNSLER, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and DONNA PARK, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED MORTGAGOR AND REAL OWNER and UNKNOWN SURVIVING HEIRS OF MELVIN S. MADDEN, DECEASED MORTGAGOR AND REAL OWNER NUMBER 05-3280 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: Terrence J. McCabe, Esquire, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief: 1. That he is counsel for the above-named Plaintiff; 2. That on October 25, 2005 per the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriff's sale upon the Defendant, Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner, by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to their last-known address of 126 South Side Drive, Newville, PA 17241. True and correct copies of the letter, certificate of mailing, and certified receipt, are attached hereto, made a part hereof, and marked as Exhibit "A." 3. That on December 28, 2005 per the attached Court Orders, Plaintiff served a true and correct copy of the Notice of Sheriff's Sale upon the Defendant, Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner, by posting the same at the mortgaged premises of 126 South Side Drive, Newville, PA 17241. True and correct copies of the Sheriff's Returns of Service are attached hereto, made a part hereof, and marked as Exhibit "B." 4. That, in accordance with the attached Court Order, Notice of Sale is published by the Sheriff of Cumberland County once a week for three successive weeks in a newspaper of general circulation and in the designated legal paper for Cumberland County Pursuant to Pa.R.C.P. 3129(d). r '--' ,..k-L .\.(L '" . TERRENC SWORN TO AND SUBSCRIBED BEFORE ME THIS h~DAY OF FEBRUARY, 2006. ~:/, 0/' /j' // ( YLi,\CLVlci;" .'j/ ~<' >>4.,~(<4Vl NOTARY PUBLIC' COMMONWEALTH OF PENNSYLVANIA NOT ARIAL SEAl Chnssandra Shaye Hamilton, Notary Public City of Philadelphia Phlla County , _.MtCom~~"~?.r,_~:~p~~:~~_~~~~~~_~ 20~~._. , . y j ~ Il {I( tf v'<, McCABE, ESQUIRE RECEIVED AUG 09. ZOO! C McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 P~iladelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff WACHOVIA BANK, NATIONAL BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS v. SANDRA GUTSHALL, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and BONNIE FRAKER, KNOWN SURVIVING HEIR FO MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and BRENDA FERNSLER, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and D('NNA PARK, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED MORTGAGOR AND REAL OWNER and UNKNOWN SURVIVING HEIRS OF MELVIN S. MADDEN, DECEASED MORTGAGOR AND REAL OWNER NUMBER 05-3280 ORDER AND NOW, this II+h day of , 2005, \ upon consideration of Plaintiff's Motion for Service upon the Defendant, Unknown Surviving Heirs of MelvinS. Madden, Deceased Mortgagor and Real Owner, Pursuant to Special Order of Court, it is hereby ORDERED that pursuant to Pennsylvania Rules of Civil Procedure 430, Plaintiff may comply with the .. . applicable service requirements by one PUBLICATION of a NOTICE of the filing of the Complaint in ('n"1l;;>~l:md newspaper w4+ft of ~~~~IO.l '1 f\ t.l.l!l\ 'oa lCLncl LOLlr\ ~ y' , circulation~and by one PUBLICATION of a NOTICE of the filing of the Complaint in Cumberland Law Journal; by POSTING the premises 126 South Side Drive, Newville, PA 17241 with a copy of the Complaint filed in the above captioned matter and by MAILING by Certified Mail, Return Receipt requested a true and correct copy of the Complaint to the premises which is the subject of the action. FURTHER, it is ORDERED that the Plaintiff may serve all subsequent Notices and pleadings that require personal service, in the manner set forth above except that Notice of Sheriff's Sale made by the Sheriff in the manner set forth in Pa.R.C.P. 3129.2(0) is legally sufficient and Plaintiff need not re-publish. SERVICE shall be deemed effectuated and completed upon the PUBLICATION, POSTING or MAILING, whichever is later. BY THE COURT: I , I f'o fT1 ..11 .-'I U1 dJ f'o ::r .-'I Cl Cl Cl Cl 0- fT1 Cl U1 Cl Cl f'o U.S. Postal Servicen.. CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) LAW OFFICES ISBERG & CONWAY, P.C. SUITE 600 .216 I1ADOON AVENUE WESTMONT. NJ 08108 (856) 858-7080 FAX (856) 858-7020 . Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) ?_art< Here SUITE 2080 ;OUTH BROAD STREET LADELPHIA. PA 19109 (2\5) 79\l-lo\Q FAX (215)790-1274 SUITE 205 . 53 WEST 36'" STREET NEW YORK, NY 10018 (917) 351-1188 FAX (917)351-0363 Certified Fee Total Postage & Fees $ Of Counsel JOSEPH F. RIGA' LISA L W ALLACEt ~ Licen.<dinNY t Man.gingAllOrflcyforNJ + M....giQg,r.,lI<lr1IcyforNY October 25,2005 Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner 126 South Side Drive Newville, PA 17241 Re: Wachovia Bank, National Bank v. Sandra Gutshall, Known Surviving Heir of Melvin S, Madden, Deceased Mortgagor and Real owner, et al CUMBERLAND COUNTY C.C.P. NUMBER 05-3280 Civil Term Dear Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner: Enclosed please find a true and correct copy of a Notice of Sheriffs Sale regarding the above-captioned matter. Very truly yours, -;---~&~ j. /f1r ~ TERRENCE J. McCABE TJMI Enclosures SENT VIA REGULAR MAlL AND CERTIFIED MAlL NUMBER RETURN RECEIPT REQUESTED 7005 0390 0001 4785 1637 Exhibit A "'~ ~~ 6'''\ < 0311\iVII fiO <: 8' t>t1QO .. \\lp .~C>{l. , .0 .\.. I G(I p~l ~,c .(lJ;\ \\.<'tI " ~;c , " .' 0' Ci .' 10'. 'ihl V1S ;f\ .,..f; Od~> i .. .: uontr lu.J~1 UQ:) ,~\.\l \""; .... ~~ \,\)\1e uU.\j. \P.> \J::;;',l l&~l ~~ ~! u. ~~ ~ ~~ . ~" ~e l~~ e!;l ~-;. E" . . ~ . ., .. 0> .. S '" .. :::. " ; ~ '" '" " ~ en ,: 0>. " 'e '.~ ~ " 0> U 0- il. '" '& l- " }; E ~ '" 'S ~ . ~. " " 0. U ,: s'" ",,, . g.8' '8~ 0." .~ ~~ ,;, l~ .t..~ " 't> ~ ';r. g ,...,. ... ,.,_~ ~ c... E" ~-;;;'.E~-~ ~<lI,-E<ft~'" .z;~o,,,,,z ~ r:f1"",e~':::~~ ~~~~~s'; tti~~~g.~ 'a <-=-o0 ",o....Q ~~ 'dOu . ~ 1 . ~ 0 " ~ . ~ B "" 5 . g :i. '" ic ;s% '" . .~ '" .~ .~ P-~ "'. ~l "B ~"t 8 . \ ~! 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'" --------- M Wachovia Bank, National Bank The Court of Common Pleas of VS Cumberland County, Pennsylvania Sandra Gutshall, Known Surviving Heir Writ No. 2005-3280 Civil Term .OfMelvin S. Madden, Deceased Mortgagor And Real Owner; Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; And Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner; David McKinney, Deputy Sheriff, who beingduly sworn according to law, states that on December 28, 2005 at 2: 10 0' clock PM, he served a true copy ofthe within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; And Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner, by posting the premises located at 126 Southside Drive, Newville, Cumberland County, Pennsylvania, pursuant to order of court, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Sandra Gutshall, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Huntingdon County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale, and Description according to law. Huntingdon County Return: And Now, this 27th day of December 2005, at 12:14 o'clock PM, served the within Real Estate Writ, Notice of Sale and Description upon Sandra Gutshall, by handing to her personally at RD I, Box 651, Three Springs, P A 17261 and making known unto her the contents thereof. So answers: William G. Walters, Sheriff of Huntingdon County, Pennsylvania. Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on January 06, 2006 at 2:10 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in tlle above entitled action, upon the property of Sandra Gutshall, Known Surviving Heir Of Melvin S. Madden, Deceased Mortgagor And Real Owner; Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; And Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner, located at 126 Southside Drive,.Newville, Pennsylvania, according to law. R.Thomas Kline, Sheriff, who being duly sworn according to law, states he serVed the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; Donna Park, Known Survivil)$ Heir of . ~ 0' I .# ~ Melvin S. Madden, Deceased Mortgagor and Real Owner; And Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner, by regular mail to their last known address of 126 Southside Drive, Newville, PA 17241. These letters were mailed under the date of January 05, 2006 and returned to the Sheriffs Office on January 12,2006 with reason marked "Forward Time Expired." R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Sandra Gutshall, by regular mail to her last known address of RD I, Box 651, Three Springs, PA 17261. This letter was mailed under the date of January 05, 2006 and never returned to the Sheriffs Office. This _ day of ~~S~'.lfS: ....4 -fl" ~~~~"""""'" R. Thomas Kline: Sheriff BY . JulLl S-YVldh Real EstatJ Sergeant Swom and subscribed to before me 2006, A.D. (.; .. " c~:~ --{ , t.___, C:J r. .' > ., >, f'J :< McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff WACHOVIA BANK, NATIONAL BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS v. SANDRA GUTSHALL, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and BONNIE FRAKER, KNOWN SURVIVING HEIR FO MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and BRENDA FERNSLER, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED: MORTGAGOR AND REAL OWNER and DONNA PARK, KNOWN SURVIVING HEIR OF MELVIN S. MADDEN, DECEASED MORTGAGOR AND REAL OWNER and UNKNOWN SURVIVING HEIRS OF MELVIN S. MADDEN, DECEASED MORTGAGOR AND REAL OWNER NUMBER 05-3280 AMENDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: Terrence J. McCabe, Esquire, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief: 1. That he is counsel for the above-named Plaintiff; 2. That on October 25, 2005 per the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriff's Sale upon the Defendants, Bonnie Fraker, Brenda Fernsler, and Donna Park, Known Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner, by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to their last-known address of 126 South Side Drive, Newville, PA 17241. True and correct copies of the letters, certificate of mailing, and certified receipts, are attached hereto, made a part hereof, and marked as Exhibit "A." 3. That on December 28, 2005 per the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriff's Sale upon the Defendants, Bonnie Fraker, Brenda Fernsler, and Donna Park, Known Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner, by posting the same at the mortgaged premises of 126 South Side Drive, Newville, PA 17241. True and correct copies of the Sheriff's Returns of Service are attached hereto, made a part hereof, and marked as Exhibit "B." 4. That, in accordance with the attached Court Order, Notice of Sale is published by the Sheriff of Cumberland County once a week for three successive weeks in a newspaper of general circulation and in the designated legal paper for Cumberland County Pursuant to Pa.R.C.P. 3129(d). ~'" ... T '~R~~C~'J: ~/;" il/, ~ C~~~, i~SQJrIRE '----... SWORN TO AND SUBSCRIBED BEFORE ME THIS I{+~ DAY OF FEBRUARY, 2006. Ii. . .' -/1 C 4V""'\\'~w'lIO -)(1~ /.J.V'r>U-t~ NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Chrlssandra Shaye Hamilton, Notary Public City of Philadelphia, Phila. County lc. ,My CommiSSion Expires January 4, 2009 I W ACHOVIA BANK, NATIONAL BANK, Plaintiff v. SANDRA GUTSHALL, Known Surviving Heir of Melvin S. Madden,I>eceased Mortgagor and Real Estate Owner, . and BONNIE FRAKER, Known Surviving Heir of Melvin S. Madden,1)eceased Mortgagor and Real Estate Owner, and BRENl)A FERNSLER, Known Surviving Heir of Melvin S. Madden,1)eceased Mortgagor and Real Estate Owner, and 1)ONNA PARK., Known Surviving Heir of Melvin S. Madden,I>eceased Mortgagor and Real Estate Owner, and UNKNOWN SURVIVING: HEIRS OF MELVIN S. ~I>EN,I>eceased Mortgagor and Real Estate Owner, I>efendants IN THE COURT OF COMMON PLEAS OF CUMBERLANJ) COUNTY, PENNSYLVANIA CIVIL ACTION - LA W NO. 05-3280 CIVIL TERM I ORDER OF COURT AND NOW, this 26th day of August, 2004, upon consideration of Plaintiffs Petition To Allow Service on the Defendants by Regular Mail, Certified Mail and Posting Pursuant to Pa. Rule of Civil Procedure 430, it is ordered and directed that Plaintiff may serve the Complaint in Mortgage Foreclosure upon the Defendants by (1) mailing a true and correct copy of the complaint by certified mail and regular mail, to Defendants' last known address at 126 South Side Drive, Newville, PA 17241, (2) publication once in the Cumberland Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting the premises at 126 South Side Drive, Newville, PAl7241. BY THE COURT, Terrence J. McCabe, Esq. A3 South Broad, Suite 2080 hiladelphia, PA 19109 Attorney for Plaintiff :rc TRUE COPY FROM RCCORo '" T"~ wheRloI.1 her. unto set myllan :lIld tIM IMI .. saIO ~ at CartisIe Pi. T ;z.~e. . .~ ()!';L _ :;t;;t > ~. i Prothon~ , 0 tr Ul M Ul '" ,.... ::r r'l 0 0 0 U.S. Postal Service"" CERTIFIED MAIL," RECEIPT (Domestic Mail Only; No Insur:m,.~ ~;)verage Provided) Return Receipt j.e; (Endorsement Aequlred)"' o 0- Restricted Delivery Fee rn (Endorsement Required) o Postmark Here LAW OFFICES lBERG&CONWAY,P.C. SUITE 2080 UTH BROAD STREET HA, PENNSYLVANIA 19109 (215)790-1010 .x (215)790-1274 SUITE 600 216 HADDON AVENUE WESTMONT, NJ 08108 . (856) 85~-7080 FAX (856) 858-7020 . Total Postage & Fees $ Ul o 6mTo , ~ Sini8(l!fo.p/JL'?__EctJff.~L-j_~1:.__gL_________.___ ~;'~~-;);;4~-~-_S4!<!_f!J_hS.~/~jdDJ:'C_h_'_'_ ;/'{ 7c;.'f SUITE 205. 53 WEST 36fu STREET NEW VORK. NY 10018 (917) 35\-\ 188 FAX (917) 351-0363 JOSEPH F. RIGA' Of Counsel October 25, 2005 Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner 126 South Side Drive Newville, PA 17241 Re: Wachovia Bank, National Bank v. Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real owner, et al CUMBERLAND COUNTY C.C.P. NUMBER 05-3280 Civil Term Dear Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner: Enclosed please find a true and correct copy of a Notice of Sheriffs Sale regarding the above-captioned matter. Very truly yours, --r__-Vl/\A_/l.~ c<...y. {/VI {~. TERRENCE J. McCABE TJM! Enclosures SENT VIA REGULAR MAlL AND CERTIFIED MAlL NUMBER RETURN RECEIPT REQUESTED 7005039000014785 1590 Exhibit A fTl .-'l .Jl .-'l U.S. Postal Service", CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) LAW OFFICES SBERG & CONWAY, P.C. U1 <0 r'- ~ SUITE 2080 )UTH BROAD STREET ADELPHIA, PA 19109 (2\5) 790.\0\0 'AX (2\5) 790.1274 .-'l o o o Po"","", Here Return RecEtlpl F (Endorsement RequIred) o Restricted Oeltvery Fee D'"' (Endorsement Required) fTl o Total Postage & Fees $ U1 ~ ~,.:__~n..Sr.e.oda._.fe__CQ.:>Je_L,.e..-J::_..aI...._mnn_. ~rreet. Apt. No.; o,_r:::_'!OY:!''';_n.J.J.._k...50d_:t:b....-SL~i!c.___llLl_Y..'L__...n City, State, ZIP+4 ' k w{ ... Lic"".edin PANJ8t.NY t Licensed;n NY&CT ^ LiC<n5cdinNY 1: M~n.g;ng AMmO)' (Or NJ ~ Man~i\nQnle)'fu<N'I' October 25, 2005 Brenda Femsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner 126 South Side Drive Newville, PA 17241 . . SUITE 600 . 2\6 HAJ:iDONAVENUE WESTMONT. NJ 08\08 . . (856) 858-7080 FAX (856) 858.7020 SUITE 205 53 WEST 36'" STREET NEWVOI\K, NY 10018 . (917) 35\.\ \88 FAX (917) 35l'O363 Of Counsel JOSEPH F. RIGA' LISA L W ALLACEt Re: Wachovia Bank, National Bank v. Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real owner, et al CUMBERLAND COUNTY C.C.P. NUMBER 05-3280 Civil Term Dear Brenda Femsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner: Enclosed please find a true and correct copy of a Notice of Sheriffs Sale regarding the above-captioned matter. Very truly yours, '-;::;/l~ G-<- J. ~ ( ~ TERRENCE J. McCABE TJM/ Enclosures SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER RETURN RECEIPT REQUESTED 7005 0390 0001 4785 1613 'iil ....n r'l . . 1M CERTIFIED MAIL,,, RECEIPT (Domestic Mail Only; No Insurance Coverage ProvIded) Ul "'" r- ot" Postmark H.", USE r'l o o o o 0- m o Total Postage & Fees $ Ul ~ ~~Ap~20flkL_!-G.CK,___~t-..9.{---_:..___.m.._.. "',':!?8o><_~J0_k__Q.QC,d::h__S.L.aL_njJD_tcLhh_ City, Stat. ZtP+4 I! i .. lic....edinPA&NY '. LicttlcodinPA&NM ... licensed in PA, NI &: NY 1 Uc"",rou. N)'&CT Lict(lStldill N'\' t M....gingAuorn<:ylOrNJ . M....gingAuorneyIOtNY October 25, 2005 LAW OFFICES EISBERG & CONWAY, P.c. SUITE 2080 3 SOUTH BROAD STREET HlLADELPHIA, PA 19109. (215) 790-10\0 FAX (2\5) 790-\274 October 25, 2005 Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner 126 South Side Drive Newville, PA 17241 SUITE 600 2 \ 6 HADDON AVENUE WESTMONT. NJ 08 \08 (856) 858-7080 FAX (856) 858-7020 SUITE.205 53 WEST 36'" STREET NEW YORK. NY \0018 . (917)351-1188 . FAX(9\7)35\-0363 OfCounse] JOSEPH F. RIGA' LISA L W ALLACEj Re: Wachovia Bank, National Bank v. Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real owner, et al CUMBERLAND COUNTY c.c.P. NUMBER 05-3280 Civil Term Deaf Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner: Enclosed please find a true and correct copy of a Notice of Sheriffs Sale. regarding the above-captioned matter. TJM/ Enclosures SENT VIA REGULAR MAIL AND CERTIFIED MAlL NUMBER RETURN RECEIPT REQUESTED 7005 0390 0001 4785 1620 Very truly yours, .~~/./frt"~ TERRENCE J. McCABE so ;: ge .ODD ~:. \{\I:'> :'>:')1 , .0 ." , c.O <<",JU C fJ.3i\ q~t1 - , l .' ~& i'f '" .,Ci ?:\\ , V1S 3\ Od<!Po:J" "'~ "'~ .' ~~ \.I.<.....\.'\"1- uu~,l lJ"U ,l'U ."'U <'...... . 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U~ ~~ ~ 8i ~~~i ~~~'ii i~'-n,c( ~~~.@ ~" ~ 'S''Oi''O <- ~ "''' .p(~ ~E: ~~Q.;::. ~ ~ ~il%" p..Q So u..~~i !.Loa'%~ o~~ ~~8,~ ~.g$~ i.gJ,~ ~.g$~ ~"" o.,O'g1:ft<1> \~! 000 ,guU \;.l=:' ~8~t 8<'l~V t~~z $.~;Z P-<" UOOOOO ::;l ~;z:. ~~7- "'~ . ." t$ .!:!o """ 0, -" 00 ."" 0- \ .E \~ ;;. > ~ 7.:~ t~o 7- 5~ . ~o~ . 1 i'-o: "UN .~ ~~~~ o~.:;;- :1 '" orcflO' "'~ - > 1] tV II) ~< :a~0)~< '" , -.:j".... ~ .S' ,,", <~"O-:i..... 0 "O,g -0:> ;;.,aO -e . g~~~ '" ~~ ~ g" '" .-0 :z:;; auC/l,OS.. ... ~ .., ~ ~ ~ '!. ~ ~ :: ;!. ~ 3~ "f{"'l'pB ,~ - N .... - {=:::3</1 '\ DO <I " ~ ~ S .. ~ '" '" '" ... .. ;I ,S .:: " 'C t "'" '" ,... '" .c. " " %- .. u <:> <:> ?, '" So " .<{ '" ~ '" '" E 'i5 0- Ul '" ~- Wachovia Bank, National Bank The Court of Common Pleas of VS Cumberland County, Pennsylvania Sandra Gutshall, Known Surviving Heir Writ No. 2005-3280 Civil Term Of Melvin S. Madden, Deceased Mortgagor And Real Owner; Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; And Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner; David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on December 28, 2005 at 2:10 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendants, to wit: Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; And Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner, by posting the premises located at 126 Southside Drive, Newville, Cumberland County, Pennsylvania, pursuant to order of court, according to law. R. Thomas Kline, Sheriff, who being duly swom according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Sandra Gutshall, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Huntingdon County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale, and Description according to law. Huntingdon County Return: And Now, this 27th day of December 2005, at 12:14 o'clock PM, served the within Real Estate Writ, Notice of Sale and Description upon Sandra Gutshall, by handing to her personally at RD I, Box 651, Three Springs, P A 17261 and making known unto her the contents thereof So answers: William G. Walters, Sheriff of Huntingdon County, Pennsylvania. Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on January 06, 2006 at 2:10 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 Sandra Gutshall, Known Surviving Heir Of Melvin S. Madden, Deceased Mortgagor And Real Owner; Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; And Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner, located at 126 Southside Drive, Newville, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; Donna Park, Known Svrviliing Herr of ":I: "" '0', ., ";rr""'1 Melvin S. Madden, Deceased Mortgagor and Real Owner; And Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner, by regular mail to their last known address of 126 Southside Drive, Newville, PA 17241. These letters were mailed under the date of January 05,2006 and returned to the Sheriffs Office on January 12,2006 with reason marked "Forward Time Expired." R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Sandra Gutshall, by regular mail to her last known address ofRD I, Box 651, Three Springs, PA 17261. This letter was mailed under the date of January 05, 2006 and never returned to the Sheriffs Office. This _ day of ~~s~s: p~ ~;"P .J.f"'~ "'" ~ - R. Thomas Kline: Sheriff BY Jcd1' )YVld~7 Real Estat Sergeant Sworn and subscribed to before me 2006, A.D. ( , , , " :'0':; -, , - ,.) C') , , " , ) ~.. ... " (. .=<; 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 Wachovia Bank N A is the grantee the same having been sold to said grantee on the 8th day of March A.D., 2006, under and by virtue of a writ Execution issued on the 27th day of Oct, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 3280, at the suit ofWachovia Bank N A against Sandra Gutshall.Melvin S Madden estate.Bormie Fraker.Brenda Femsler.Dorma Park is duly recorded in Deed Book No. 273, Page 4646. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 10 day of ~ , A.D. tJ" '1Yyil-y- 13 ,;tJo d,~,.~ r u Recorder of Deeds :yct.'~~~~~~~~iO " Wachovia Bank, National Bank The Court of Common Pleas of VS Cumberland County, Pennsylvania Sandra Gutshall, Known Surviving Heir Writ No. 2005-3280 Civil Term Of Melvin S. Madden, Deceased Mortgagor And Real Owner; Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; And Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner; David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on December 28,2005 at 2:10 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; And Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner, by posting the premises located at 126 Southside Drive, Newville, Cumberland County, Pennsylvania, pursuant to order of court, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Sandra Gutshall, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Huntingdon County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale, and Description according to law. Huntingdon County Return: And Now, this 27th day of December 2005, at 12:14 o'clock PM, served the within Real Estate Writ, Notice of Sale and Description upon Sandra Gutshall, by handing to her personally at RD I, Box 651, Three Springs, P A 17261 and making known unto her the contents thereof. So answers: William G. Walters, Sheriff of Huntingdon County, Pennsylvania. Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on January 06, 2006 at 2:10 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 Sandra Gutshall, Known Surviving Heir Of Melvin S. Madden, Deceased Mortgagor And Real Owner; Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; And Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner, located at 126 Southside Drive, Newville, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner; And Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner, by regular mail to their last known address of 126 Southside Drive, Newville, PA 17241. These letters were mailed under the date of January 05, 2006 and returned to the Sheriffs Office on January 12,2006 with reason marked "Forward Time Expired." R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Sandra Gutshall, by regular mail to her last known address of RD I, Box 651, Three Springs, PA 17261. This letter was mailed under the date of January 05, 2006 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 8, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Terrence McCabe for Wachovia Bank, National Bank. It being the highest bid and best price received for the same, Wachovia Bank, National Bank of 1230 South Broad Street, 7th Floor, Philadelphia, PA 19109 being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$I,117.08. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Out of County Huntingdon County $30.00 21.91 15.00 15.00 30.00 10.00 .50 1.00 20.24 4.64 15.00 50.00 9.00 48.70 (pd by atty) do.1ItJ (U1(...~ I.s'n C/t..J ~ ~'3.5i7 /77 '1'1{, Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed 2.34 389.00 369.20 21.05 25.00 41.00 $ 1,069.88 Sworn and subscribed to before me 2006, A.D. ~~,,~ R. Thomas Kline, Sheriff BYcJ~~S~ Real Estate rgeant I .. .. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 215 790-1010 Wachovia Bank, National Bank COURT OF COMMON PLEAS v. Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Cumberland COUNTY Real Owner and Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Number 05-3280 Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner AFmDA VIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 126 South Side Drive, Newville, PA 17241 (Tax Parcel #31120330030A), a copy of the description of said property is attached hereto and marked as Exhibit "A." 1. Name and address of Owners or Reputed Owners: Name Address Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner RD 1 Box 651 Three Springs, PAl 7264 ... I .. Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Brenda Femsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner 126 South Side Drive Newville, P A 17241 126 South Side Drive Newville, PA 17241 126 South Side Drive Newville, PA 17241 126 South Side Drive Newville, PA 17241 2. Name and address of Defendants in the judgment: Name Sl\I1dra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Brenda Femsler, Known Surviving Heir of Melvin S. M'ldden, Deceased Mortgagor and Real Owner Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner Address RD 1 Box 651 Three Springs, P A 17264 126 South Side Drive Newville, P A 17241 126 South Side Drive Newville, PA 17241 126 South Side Drive Newville, PAI7241 126 South Side Drive Newville, PA 17241 ! I . 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. N<jffie and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Commonwealth of Pennsylvania Inheritance Tax Office 126 South Side Drive, Newville, PA 17241 P.O. Box 320 Carlisle, P A 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, P A 17105 1400 Spring Garden Street Philadelphia, PA 19130 Tenants Domestic Relations Cumberland County Commonwealth of Pennsylvania .. I Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service 6th Floor, Strawberry Square Department #280601 Harrisburg, P A 17128 Willow Oak Building P.O. Box 8486 Harrisburg, P A 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. October 25, 2005 DATE ~ "-<- p. /I1c /.,J-<-- TERRENC'E J. McCABE, ESQUIRE Attorney for Plaintiff '. \ 8S :Z d 11- ADN ~OOZ ,j ~\.i i:J, ,...-ii..:irdi-.": J.:ild:JHS c., ,1 ,03:)1.:1.:10 . , McCABE, WEISBERGANDCONWAY,P.C. . BY: TERRENCE J. McCABE, ESQUIRE Identification Number 1~496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 . Attorney for Plaintiff Wachovia Bank, National Bank Cumberland County Court of Common Pleas vs. Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Bonnie Fraker, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Donna Park, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner Number 05-3280 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Sandra Gutshall, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner RDl BOX 651 Three Springs, P A 17264 Bonnie Fraker, Brenda Fernsler and Donna Park, Known Surviving Heirs and Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real owner 126 South Side Drive Newville, PA 17264 Your house (real estate) at 126 South Side Drive, Newville, PA 17264 (Tax Parcel #31120330030A) , is scheduled to be sold at Sheriffs Sale on March 8, 2006 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $131,860.72 obtained by Wachovia Bank, National Bank against you. 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 canceled if you pay to Wachovia Bank, National Bank, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790- 1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney, to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sherif[ the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sherif[ gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFmCE SET FORTH BELOW. THIS OFmCE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFmCE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE COUNTY COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 8S :Z d 11- AON SGul ~,i(l '.",iii' 'v'.; . ;.,:",:1 j.:H~3HS ~j>ll 3:J1.:1.:':(; LEGAL DESCRIPTION ~L THAT CERTAIN TRACT 9F LAND SITUATED IN PENN TOWNSHIP CUMBERLAND COUNTY PENNA., MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A SPIKE IN THE CENTER OF TOWNSHIP ROAD 349, SAID POINT BErNG THE SOOTHEAST CORNER OF LANDS OF GEORGE H. SHUGHART; THENCE ALONG LANDS OF GEORGE H. SHUGHART NORTH 3 DEGREES 14 HlNUTES EAST 275 PBET TO A BIG TRBE WITH AN IRON SPIKE; THENCE ALONG OTHER LANDS OF THE GRANTORS HBREIN EAST 765.5 FEET TO A STEEL PIN; THENCE ALONG LANDS OF THE ORA.TORaBBREIN SOOTHEAST 223 PBET TO A POINT IN THE CENTBR OF THE AFORESAID TOWNSHIP ROAD; TBBNCE ALONG THB CENTER OF THE AFORESAID TOWNSBIP ROAD; BOUTH 54 DBGRBES 06 MINUTES WBST 30.0S FEET TO A SPIKE IN TBE CENTER OF TOWNSBIP ROAD; TBENCE CONTINUING ~ONG SAID TOWNSHIP ROAD, SOUTH 64 DEGREBS 42 MINUTES 40 SSCONDS WEST 123.92 FEET TO A SPIKE. THE POINT ANU PLACE OP BEGINNING. BEING KNOWN AS 126 South Side Drive, Newville, P A 17264 Being the same premise~ which Rodney E. Fraker and Bonnie L. Fraker, by deed dated the 4/12/1972, and recorded 4/12/1972 III the Office of the Recorder in and for Cumberland County in Deed Book 024, Page 507, granted and conveyed to Melvin S. Madden (Deceased) and Mary M. Madden (Deceased). TAX MAP P AReEL NUMBER: 3ll20330030A WRI,T OF EXECUTION andlor ATTACHMENT CO~ON>VEALTHOFPENNSYLVANlA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Wachovia Bank, National Bank Plaintiff (s) From Sandra Gutshall, Known Snrviving Heir of Melvin S Madden, Deceased Mortgagor and Real Owner. Bonnie Fraker, Known Surviving Heir of Melvin S. Madden Deceased Mortgagor and Real Owner. Brenda Fernsler, Known Surviving Heir of Melvin S. Madden, Deceased Mortgagor and Real Owner. Donna Park Known Snrviving Heir of Melvin S. Madden Deceased Mortgagor and RealOwner. Unknown Surviving Heirs of Melvin S. Madden, Deceased Mortgagor and Real Owner (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL NOO5-3280 Civil CNIL ACTION - LAW DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated, Amount Due$ 131,860.72 L.L.$0.50 Interest From 10/26/05- 3108106 $2,905.12 at $21.68 Per Diem Atty's Carom % Due Prothy $1.00 Atty Paid $ 483.40 PlaintitIPaid Other Costs Date: OCTOBER 27, 2005 (Seal) Pro By: Deputy REQUESTING PARTY: Name Terrence J. McCabe, Esq. Address: 123 S. Broad Street, Suite 2080 Philadelphia, Pa. 19109 Attorney for: Plaintiff Telephone: (215)790-1010 Supreme Court ID No. 16496 F 0 "''"~ ...., ," ,,- ," R I.J fRUE COpy nv.". h,:. V.~:. , 1ft Testimony whereof. I hefe unto $;il my haM and tbe ~ oC saki COUrt at Carlisle, Pa. TII" .l1~ 1; ~~ cJloos. , ( ~ . ., .4 ~4' .. I ' Prothonotaftl Real Estate Sale # 09 On December 22, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, PA ~ c:a Ciii1 c::::::a (ft) (piiQ Known and numbered as 126 Southside Drive, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 22, 2005 By:Ja-cLy ~ Real Estate Sergeant \ ...... ',', " ~'":I. '~..., i:: . . t:~.~~""""",# '. L S :Z d h - ADN ~OOl Vd ....\IN!tU l,.il i~.! d}".L:. .:l.;lICl3HS Jill ,:0 3:JI.:I.:Ju 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 Michael Morrow, being duly swom according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#9 Sworn to and subscribed NOTARY LI My commission expires June 6, 2006 ... . CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTIIOUSE CARLISLE, PA. 17013 ,. . . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. 1.1784 STATE 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 tbe 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: January 20, 27, February 3,2006 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. SWOR AND SUBSCRIBED before me this 3 day of February. 2006 ~A;'/1. ./~A./ """"''''''''--:''''.,-:''~~:~;~~''''' -." 1:... \\1, .,' ~ ~";"'-'..:;r ,:,1. ,L;.'", '" n ;! \ ;"';;~,E ( 'c,,(:"i' ;': n -. .-TATS ML& WO. 9 Writ No. 2005-3280 CIvlI Wachovla Bank. National Bank vs. Sandra Gutshall. Known SurvIvlng Heir of Melvin S. Madden. Deceased Mortgagor and Real Owner and Bonnie Fraker, Known Survivlng Heir of MeIvln S. Madden. Deceased Mortgagor and Real Owner and Brenda Fernsler. Known Surviving Heir of MeMn S. Madden. Deceased Mortgagor and Real Owner and Donna Park. Known Surviving Heir of Melvin S. Madden. Deceased Mortgagor and R.eal Owner and Unknown SurvIvIng Heirs of MeIvln S. Madden. Deceased Mortgagor and Real Owner Atty.: Terrence McCabe LEGAL DESCRIPTION ALL that certaln tract of land situ- ated in Penn Township, Cumberland County. Penna.. more particularly bounded and described as follows: BEGINNING at a spike In the center of Township Road 349, said point being the southeast corner of lands of George H. Shughart; thence along lands of George H. Shughart North 3 degrees 14 minutes East 275 feet to a big tree with an iron spike; thence along other lands of the grantors herein East 765.5 feet to a steel pin: thence along lands of the grantors herein Southeast 223 feet to a poInt in the center of the aforesaid township road; thence along the center of the aforesaid township road; South 54 degrees 06 minutes West 30.08 feet to a spike in the center of township road; thence continuing along said township road, South 64 degrees 42 minutes 40 seconds West 123.92 feet to a spike. the point and place of beginning. BEiNG KNOWN AS 126 South Side Drive. Newville. PA 17264. Being the same premlses which Rodney E. Fraker and Bonnie L. Fraker. by deed dated the 4/12/ 1972. and recorded 4/1.2/1972 in the Office of the Recorder in and for Cumberland County in Deed Book 024. Page 507. granted and conveyed to Melvin S. Madden (De- ceased) and Mary M. Madden (De- ceased) . TAX MAP PARCEL NUMBER: 31120330030A.