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HomeMy WebLinkAbout05-5759 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SOVEREIGN BANK Plaintiff No. 05 - ~159 C;u: lISf2..Y'1 Ys. SAMUEL K. MILLER CIVIL ACTION Defendant 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 MAYBE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AMATO~C. By: --- 1fonald Amato. Esq., Atty ID #32323 Michael J. Kennedy. Esq., Atty ID #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SOVEREIGN BANK Plaintiff No. 05: - ~~59 CU'>lL 18Z-.~ vs. SAMUEL K. MILLER CIVIL ACTION Defendant(s) COMPLAINT The above Plaintiff brings this action against the above Defendant to recover the sum of $15,697.16, with interest thereon as hereinafter stated, upon the following cause of action: 1. The Plaintiff, SOVEREIGN BANK is located at 1 Sovereign Way, East Providence RI 02915. 2. The Defendant, SAMUEL K. MILLER is located at 62 Burket Road, SHIPPENSBURG PA 17257. 3. At the special instance and request of the Defendant, Naugle Motors, Inc., entered into a written Pennsylvania Motor Vehicle Installment Sales Contract in which Defendant purchased a motor vehicle. A true and correct copy of the contract is attached hereto, made a part hereof and marked Exhibit "A". 4. For value received, Naugle Motors, Inc. assigned, transferred and set over to W aypoint Bank all its rights, title and interest in this claim. 5. By virtue of said assignment, Waypoint Bank acquired legal title to said Contract and account, and became the legal holder of the claim against the Defendant. 6. For value received, Waypoint Bank assigned, transferred and set over to Plaintiff all its rights, title and interest in this claim. 7. By virtue of said assignment, Plaintiff acquired legal title to said Account, and became the legal holder of the claim against the Defendant. 8. Defendant has not adhered to the agreed repayment obligations that govern the aforesaid contract, by reason of which Defendant is in default thereof. 9. Defendant defaulted in said contract by failing to make payment said date of default was September 19, 2004 and a total amount which became due as a result thereof, after allowance for all proper credits for payments and/or adjustments, if any, was $12,410.60. 10. Plaintiff is entitled to receive interest on the above amount determined by applying the agreed interest rate of 5.74% per annum to the past due balance. As of October 31,2005 the total amount of interest due to plaintiff is $556.23. 11. Plaintiff is entitled to have the 5.74 % interest charge continue to accrue as set forth above, from October 31,2005 on down to the date of judgment in this matter. 12. In accordance with the aforesaid agreement, Defendant further agreed to pay Plaintiff's reasonable attorneys' fees incurred in the collection of any balance due Plaintiff, which total $2,730.33. 13. The Plaintiff has made demand against the Defendant for the aforesaid sum, but Defendant failed or refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against the Defendant for $15,697.16 together with the continually accruing interest charge at the agreed rate of 5.74 % per annum from October 31, 2005, and cost of suit. COUNT II Alternative to Count I - Unjust Enrichment 14. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 15. The goods, wares, merchandise, and/or services, described in the exhibits attached hereto were purchased by Defendant, and Defendant received and accepted the benefit of such goods, wares, merchandise, and/or services provided by Plaintiff. 16. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid goods, wares, merchandise, and/or services to Defendant, and that Plaintiff expected to be paid for such. 17. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide and/or deliver said goods, wares, merchandise, and/or services, and to incur damages. 18. At all times material hereto, Defendant was unjustly enriched by retaining the benefit of receiving said goods, wares, merchandise, and/or services without paying Plaintiff fair and reasonable compensation. 19. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's expense, an implied contract exists between Plaintiff and Defendant, and Defendant is obligated to pay Plaintiff the Quantum meruit value of the value of the goods, wares, merchandise, and/or services described in the exhibits attached hereto, in the amount of $12,410.60. WHEREFORE, Plaintiff demands judgment against Defendant for $12,410.60 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from October 31, 2005, costs of suit and all other relief to which Plaintiff may be justly entitled. ~~ATO~ /Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 . VERIFICA nON ~ r(;clla/,/9 JecZ YL hereby states that the undersigned is a Legal Specialist for Sovereign Bank, Plaintiff in tllis action and verifies that the statements made in the attached Complaint are true and correct to the best of the undersigned's knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 PA C.S. 4904 relating to unsworn falsification to authorities. WJ!r EXHIBIT nAil fORM PA 230CSLC [3/03) SIMPLE INTEREST k"":.."~'!:ci.~~1!t&~j}j.k'"'i\~~~';';;i::ii<~'il<'C!l.i';ffi'h~-,,;>~~}--,~tel:~"L~~.1o;'M!f};iV'.!'z!j~+'~W-li'"""~~~~"'::,;;t;iil~~~~~.,;~-'a'';;'~~'~j'~~ IF DEBT CANCELLATION IS SOLD, A SEPARATE DISCLOSURE AND AGREEMENT FOR DEBT CANCELLATION MUST ACCOMPANY THIS CONTRACT. -' PENNSYlVANIA MOTOR VEHICLE INSTALLMENT SALE CONTRACT, OS! 1~!/2[jOii Dated " ANNUAL FINANCE Amount Financed T olal of Payments Total Sale Price PERCENTAGE RATE CHARGE The amount of credit provided The amount you will have pair after you The total cost of your purchase on 1hecost 01 your credit as The dollar amount the to you or on your behall. have made all scheduled payments. credit, 'rnc1uding your downpayment a yearly rate. credit will cost you. of $ 4htiO.OC i'i. /4 % $ n'l5ii;) $ 41Hf5.nO $ !.tffiJO, G4 $ !j?OhO. 64 Your Payment Schedule will be: Security: You are giving a security interest in the motor vehicle being No. of Payments Amount of Payments When Payments Are. Que purchased, IZ $ 659 . H 7 Monthly, beginning 01 i J3/2004 Prepayment )f you pay off early, you will not have to pay a penalty. $ NiA FilingFe.es: $ 5,00 late Charge: H a payment is late, you will be charged 2% of the portion of the payment which is late for each month, or part of a month greater than 10 days, Ihat it remains unpaid. See below and any other Contract documents for any additional information about nonpayment, default, any required repayment in fun before the scheduieddate-and prepayment refunds and penalties. emean-sestimate In,this'Contract weare '1""'\-1' the SElLER. ";,dtl .'. : Name $111 PPEHSI'lURG PA J72~51 IIOHlHS IIJ(.. 608 W. KING $T Addr", lip Code You are "....).' .. the BUYER(S)'.,,!'H l:L ~ Name(s) County FAANJltHI tULLEfl.62 I.lllRKEIRlJ5HIPfENSaURG PllmWI Address(es) . Zip Coders) "',,':, County CUfllltRlANu If there is more thanone Buyer, each promises, separately and together, to:payall sums due usand,to:perfoJmall agreemerits[n ttils Contract. TRADE-IN: i~~f:fl:~i~~d:edh:~le,2001 DODGE RAM 3500 U( .IB7H133701J537036 Year and Make Description If a balance is still owing on the vehicle you have traded In, the Seller wi If payuff this amount on your behalf. You warrant andrepresentto us that any-trade~lnisiree from lien, claim, en'cumbrance or security interest, except as shown in the Itemization of Amount.Financed asthe "Uen Payoff.," . PROPERTY,INSURANCE:.YoLl may <;hoose :the .person through .whom insurance. is obtained .against-Iossordamageto the Vehicle and 'against liability arising out of use or ownership of theVehicle. In-this Contra_ct;,you are promiSing to. insure the Vehicle_and keep it insured: DEBT CANCEllATION jGUARANTEEDAUTO PRDTECTION) AGREEMENT is VOLUNTARY AND NDTREQUIRED AS A CONOITIDN OF THE C_REDlT.-lhisagreement will not be provided unless you sign--beJow,-agreeto pay the, additional charge,: and sign the. separate disclosure,and , agreement page, which is part of this Contract.lhis agreement will apply' during the entire term of the Contract This agreement may not cover your entireindebtedne5s; see the MAXIMUM PROTECTION amount stated--in the separate disclosure anpagreement. Type of Debt Cancellation Agreement 9harge Signature . ~GuarantBed auto protection (GAP) $NIA By Sjgnlli~,yo~ se!ectgu:~fant~ediuto pr6teetibn Signi;lture,ofBuyer SERVICE CONTRACT OR WA.RRANTY AGREEMENT IS VO~UNTARY ANDNpT REQUIRED A~ A CDN.DITIQNDf T~EGREDlT,Theservicecontracl or warral1ty agreement will not be provided unless you sign,the separate,agreemertwith tbethird;:pa~y,pr(}yider;:whQjs,notthe'Sellern;,lmed abc\Je, and agree, to'pay the a,dditionalcharge. -This sectiondoesnotapply-to any' 'warrapty -thaty,ou JITay -ceceive for;Yw'hjCh'there:i'snot~~parate charge. CREDIT INSURANCE IS NOT REQUIRED;Credit lilelns~rancearid Credit AcCidenl& Health (DisabilitY)lnSUrance ak l1otJequifedto optain credit, and will not be provided Unless you sign below and agree 10 pay the additional cost(s!'Pleasereadth,:NOTlCE.nFPROFDSEDCREDIT \NSURI'\NCEon}he re\Jerse sloe, Your insurance, certiticate:'Qr policywili 'tell youlhe MAXfM LJM'amountofir~Ufarce'alfailabre::AIJ Insurance purchilsedw,i11 be for the term,of th~credit We may :receivea frnancial'benefitfrom :your purchase:of credirinsunlnce: . ' By'signing, y_ouselectSingJe Credit Life Insurance, What is your which costs $' ,N/;\ age?---,-- Years' Bysigiling, you selectSingle CrediIAcddent:& "/ ' Health Insurance, which costs $' t~ f1. Whahsyotir age?,~Years. Signature of Buyer to be-insured for Single Credlt Ufelnsurance Signature of BiJ,yerto tle-insuredf'3r $ingleCreditAcddent &. Hea\thlnsurance By signing, you both seJect Joint Credit N I" Whatare.Perceritage Accident&Healthlnsurance,whichGOstS$~\ your ages? lobe insured By signing,'you-bothselectJoinl Credit Life Insurance,'which-costs $ i~! l\ What are yourages? l. If YOU DO NOT MEET YOUR CONTRACT OBLIGATIONS, YOU MAY LOSE THE MOTOR VEHICLEANO PROP<RTY TMAT YOU BOUGHT WITH THIS CONTRACT, AND/OR MONEY ON DEPOSITwmt THE ASSiGNEE This Contract is between Seller and Buyer. All disclosures have been ,maqe bySeller;-Seller intends to assign this ContracUo,the Assignee. Itemization of AmounHinanced Cash:Price' (includin2'oDtiona'lservice contract and/or'war~a~gsjn"the '~amountofS'. ___/lfll\' ", paid to HI/\ . &saieslax of$ iliA Cash Price $ 43450. QO Cash_Downpayment $ 45W , 00 Trad-B-In Value of Trade,ln $22200.00 lien Payoff loti ~ l IsAIIK $22 Wo ,00 UnpaidCash'Price Balance $ 3fl9\}{LQO Optional DebtCancellation (GAP) $ 'tllA Dqcqment Preparation Fee $ .36.50 * ): Paid to Others on Your Behalf ToPublic Officials foc'-: lic?Me:Tags,.an~,-Registrati,qn" ' $ IIU.50 Lieu Fee $ 5,00 Taxes Not Inefudedin.:Cash Price ,1125,UO To" \ $ iliA For sien,ge,rService To " ~j!\ N/A 2. . Signaturesof'both Buyers to be insured for Joint Credit life Insurance 11. Signatures of both Buyers to be insured for Joint Credit Accident &tiealth-lnsurance ' % IU-,vlt:Ulllll::'Uldll\;t: vUllljJdllY $ NII\ H For]'1 To r, ,'-, .Insurer: N/i~ VEHICLE: You have agreed to purchase, under the terms of this Contract, the following motor vehicle and. its extra equipment, which',is called the "Vehicle" in this Co~tract. Equipped _ A.T. _ P.S. _ AM-FM Stereo L fuSpd. with A.C. PW AM-FM Tape Vinyl Top ASSIGNEE: We may assign this Contract and Security Agreement to a sales finance company which is the "Assignee." It the Assignee assigns the Contract to a subsequent assignee, the term also refers to such subsequent assignee. After the assignment, all rights and benefits of the Seller in this Contract and in the Security Agreement shall belong to and be enforceable by the Assignee. The Assignee will notify you when and jf Seller makes an assignment. N/U Year.ao..d..Make i':}u ~;l.iUU'".< Series Bodv~ "ji 1.>\ No_kYh feULK (; Other ",'-,.', ;<:;-;.;:;,.i::': $ For'Mfi\ To ~.I l~i Truck Ton Caoacitv lZUCD 3D/f, U-;SC?i1E20H552 S!lrial Number $ ForM/^- ToNI A $ For~/A ToNIA $ F,,~/ 1-\ ToN/A $ FoMA AmountFinanced ~. - r,::., f,';; "-':',,' -- ~7"rd CO-SIGNER: Any person signing the Co-Signer's Agreement below promises separately and together with all Co-Signef(s) and Buyer(s), to pay all sums due and to perform all agreements inthis Contract. COcSigner will not be an Owner of the Vehicl~. CO-OWNER: Any person signing the Co-Owner's Security Agreement beloW gives us a security interest in the Vehicle and agrees separately and together with all CocOwner{s} and Buyer(s), to perform all agreements' in the Security Agreement and all other parts of this Contract except the "Promise to Pay" section. TERMS: The terms shown in the'boxes above are part of this Contract. PROMISE TO PAY: You agree to pay us the Total Sale Price lor the Vehicle by making the Cash Downpayment and assigning the Trade-In, if shown above, on ar before the date of this Cantra.ct and paying us the Amollnt Financed plus interest. You promise to make payments in accordance with, the Payment Schedule. You promise to make paymentson'or before the same day afeach month as the first payment due date. You agree to pay all other amounts which may become due under the terms of this Contract. You agree to pay the Seller or Assignee 'costs of suit. 'You also agree to pay reasonable attorneys' fees if SeUer or Assignee hires an attorney to collect amounts due under this ContracLQr)o protector get possession ,of the Veh.icle. You. agree to, make payments at the' place or to send payments to the address which the Assignee most recently specifies in the written notice' to you. SECURITY AGREEMENT: To secure the payment of all sums due and the performance of all required obligationsunderthis Contract, you give a security interest intheVehrcle"in all p'art~, (called "accessions") attached to the Vehicle at any late.ctime, and inany proceeds of the By signing below, we agree to sell the Vehicle to you -under the terms of this Contract Ni\tI!U HOHJI1S IlK. SELLER * I l~ii\ . l-~/ !"\ . NI:.\, * N{i\ * IifA * $40115,00 Address Address Address 'MPA23DC-SlCl3/03) BUYER CO-SIGNER NOTICE, SEE REVERSE SIDE FOR IMPORTANT INFORMA TJON. ORJGINAL.White-DEALERCOPY-CaoarY-80RROWER'S/CO-StGNER'SCOPY-Piok-COPY.Goldemod CO-SIGNER OR CO-OWNER @200J8ANCONSUMERSERVICf,INC. We may retain a portion of amounts marked* Vehicle, inclUding insurance proceeds. The Assignee may set-off any amounts due and unpaid under this, Contract agail1stany of your money on deposit with Assignee. This includes any money which is now or may in the future be deposited with Assignee by you. Assignee maydo this without any prior notice to you. ADDITIDNAl OISCLOSURES, TERMS AND CONDITIONS: Disclosures: Before 'signing this Contract, -be sure th'at you receive and read the Disclosure to Buyer. Terms and Conditions: Before signing this Contract, be sure _you receive and read the following, if marked-X, which are additional pages to and part of this Contract. III This-Conlractcontinues on the reverse side. O'"bebtCancellatian (guaranteed auto: protection) separate,disclosure and agreement NOTICE TO BUYER-DO NOT SIGN THIS CONTRACT IN BLANK. YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO PROTECT YOUR LE~AL RIGHTS. " BUYER , ,;7>- t..", ,F,/, C", ISEAL) 06/19/2004 Date j l' vl..,I_J',~ ' ; {\;k<..,I'( \ l"J{ 1..1 i'/ 06/19/2004 BUYER (SEAL) J J f ~~ D~ CO-SIGNER, YOU SHOULD READ THE~-OTlCE TO CO-SIGNER, WHICH HAS BEEN GlVEN'TO VOU ON A SEPARATE DOCUMENT, BEFORE SIGNING THE CO-SIGNER'S AGREEMENT. CO~SIGNER'S AGREEMENT: You, the person (or'persons) signing below as "Co-Signer," promise to payro us all sums due 'On this ContraCt and to perform' all agreements in this ContractY ou intend to be legally- bound by all the terms of this Contract, separately and together, -with the Buyer. You are making this promise to induce us to make this Contract with the Buyer, even though we. will use the proceeds, only for the-Buyer's benefit. You agree to pay even though we may not have made any prior demand for payment on the Buyer or exercised our security interest. You also acknowledge receivillg a completed copy of this Contract. BY: Co-Signer's Signature (SEAL) Co-Signer's Signature (SEAL) Date Date CO-OWNER'S SECURITY AGREEMENT: You, the person signing below as "Co-Owner," together with the Buyer or otherwise being all of the Owners of the Vehicle, give'us a Security Interest in the Vehicle identified above, You agree to be bound by the terms of the Security Agreement -and all other parts of this Contract except the '~'Promise To Pay" section~ You are giving us the security interest to induce us to make this Contract with the Buyer, and to secure the payment by the Buyer of all sums due on this Contract. You will not be responsible for any.deficiency which might be due after repossession and sale of the Vehicle. Co-Owncr'sSignature (SEAL) Date BUYER, CO-SIGNER AND CO-OWNER, IF APPLICABLE, ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT AT THE TIME OF SIGNING,INCLUDING THE ADDITIONAL DISCLOSURES AND PAGES LISTED IN THE SECTION CAli_ED ADDITIONAL DISCLOSURES, TERM AND CONDITIONS, /' - "'" ADDITIONAL TERMS AND CONDITIONS 1. HOW THE TOTAL OF PAYMENTS IS COMPUTED; The Total of Payments is the sum of the Amount Finan'ced and the Finance Charge. The Hnance Charge consists solely of interest computed daily on the outstanding balance of the Amount Financed. The Finance Charge shown on the front side has been computed on the assumption that we will receive all payments on their scheduled due dates. 2. COMPUTING INTEREST: We will charge interest on a daily basis on the outstanding balance subject to interest on each day of the loan term, including any period for which a late charge is also imposed. The daily interest rate is equal to the Annual Percentage Rate divided by the number of days in that calendar year. Buyer agrees that because interest is calculated on a daily basis, late payments will result in additional interest (and, if applicable, a late charge), Early payments will result in less interest being charged. Early and/or late payments will cause the amount of the final payment to change. 3. LATE CHARGE: Buyer agrees to pay a late charge for any payment not made within 10 days after its due date. The late charge will be 2% per month on the unpaid amount of the payment. We will consider any part of a month in excess of 10 days to be a full month. The late charge will be due when earned. No late charge will be due if the reason that the payment is late is because, after default, the entire outstanding balance on this Contract is due. No late charge will be due if the only reason that the payment is late is because of a late charge assessed on an earlier payment. 4. APPLICATION OF PAYMENTS; We will apply payments in the following order ot prionty; first to interest; and then to late charges, fees, principal and any other amounts you owe in the order that we choose. 5. PREPAYMENT: You may prepay, in full or in part, the amount owed on this Contract at any time without penalty. If you prepay the Contract in part, you agree to continue to make regularly scheduled payments until you pay all amounts due under this Contract. This will reduce the number of payments you will make. 6. WAIVERS. a. WAtVER BY SElLER A~D ASSIGNEE; We and Assignee waive the right to treat any property as security for the repayment of this Contract, except for the Vehicle and the other securjty specifically mentioned in this Contract. b. WAIVERS BY BUYER. CO-SIGNER AND CD-OWNER; You agree to make all payments on or before they are due without our. having to 'ask. If you don't, we may enforce our rights without notifying you in advance. You give up any, right you may have to require that we enforce our rights against some other person or property before we enforce our rights against you. You agree that we may give up our rights against some other person but not against you. You waive due diligence in collection and aHdefenses based on suretyship and impairment of co[lateralorsecurity. 7. INTEREST AFTER MATURITY AND JUDGMENT; Interest at the rate provided in this Contract shallcontinue.to accrue on the.unpaid balance until paid in full, even after maturity and/or after we get a judgment against you for the amounts due. This will apply even if the maturity occurs because Of acceleration. If at any time interest as provided for in this paragraph is not permitted by law, interest shall accrue at the highest rate allowed by applicable law beginning at that time. 8. YOUR PROMISES ABOUT OUR SECURITY INTEREST; You will not permit anyone other than us to obtain a security interest or other rights in the Vehicle. You will pay all filing fees necessary for us to obtain and maintain our security interest in the Vehicle. You will a~sist us in having our security interest noted on the Certificate of TitJe.to the Vehicle. You will not sell or give away the Vehicle. If someone puts a lien on the Vehicle, you will pay the obligation and clear the lien. 9. YOUR PROMISES ABOUT THE VEHICLE; You will keep the Vehicle 10 good conditIOn and repair. You will pay all taxes and charges on the Vehicle. You will pay all costs of maintaining the Vehicle. You will not abuse the Vehicle or permit anything to be done'to the Vehicle which will reduce its value, other than fornormal wear and'use. 'You will not lIsethe Vehicle for illegal purposes or for hire or lease. You will not move the Vehicle from your address shown on the front of this Contract to a new permanent place of garaging without notifying us in advance. 10. YOUR PROMISES ABOUT INSURANCE; You will keep the Vehicle insured against fire, theft and collision until all sums due us are paid in full. The insurance coverage must be satisfactory to us and protect your interests and our interests at the time of any insured loss. The insurance must name us as "Ioss.payee" on the policy. The insurance must be written by an insurance company qualified to do business in Pennsylvania and licensed to sell insurance in the state where the Vehicle is permanently garaged. The insurance policy must provide us with at leasHen (IO} days prior written notice of any cancellation or reduction in coverage. On request, you shall deliver the policy or other evidence of Insurance. coverage, to us. In the event of the loss or damage to the Vehicle, you will immediately notify us in writing and file a proof of loss with the insurer. a. OUR RtGHT TO FILE PROOF OF LOSS: In the event ot any loss or damage to the Vehicle, if you fail or refuse to file a claim or proof of loss with the insurance company, you agree that the Seller, Assignee, any subsequent assignee,or any authorized employee of any of them ("we") may file a proof of loss with the insurance company, in your name and acting as your agent, with respect to the insured claim. You agree t.hat you do not have the right to and will not revoke the power you have given us to fi)e'a proof of loss. You agree that we may exercise this power for our benefit and not for your benefit, _except as provided in this Contract and by law. b. OUR RIGHT TO ENDORSE INSURANCE CHECKS; You agree that the Seller, Assignee, any subsequent assignee, or an authorized employee of any of them.("we"} may endorse your name, acting as your agent, 10 any check, draft or other instrument we receive in payment of an insured loss or return of insurance premiums. You agree that you do not have the right to and will not revoke the power you have given us to make your endorsement. You agree that we may exercise this power/or our benefit and not for your benefit, except as provided in this Contract and by law. " 1I!:'t: f'\t: DDf'\f"t:l:n('. \^J':" ,..,~" ...""1,, "..." ;n"".~..,"~ ..,."""".-1" ..." """":..,, ~A ."_~;. ,,~ choice of whether or nol to advance any money for these purposes. Such Jrlsurance Will be limited to an amount not greater than you owe on this Contract. THE INSURANCE WE PURCHASE MAY BE SIGNIFICANTLY MORE EXPENSIVE AND PROVIDE YOU LESS COVERAGE THAN INSURANCE YOU COULD PUHCHASE YOURSELF. We will add any money we advance on your behalf to the balance on which we Impose Finance Charges at the Annual PHrcentage Rate of, thiS Contract You agree to repay the money advanced as we alone may specify: (i) immediately on demand, or (ii) along With your monthly payments. )f we choose to allow you to repay the money advanced along with your monthly payments, we can choose the amount of these payments and how long you have to repay. If any of our nghts slated in this paragraph are nol permitted by law, we still have the other rights mentioned. Our payments on your behalf Will not cure your failure to perform your promises in this Contract. 12. DEFAULT: In this paragraph "You" means the Buyer, Co-Signer and Co.Owner, or anyone of them. You will be in "Default" of the Contract if anyone or more of the following things happen; a. You do not make any payment on or before itisdue;or b. You do not keep any promise you made in this Contract; or c. You do not keep any promis/:: you made in another Contract, Note, Loan or Agreement with Seller or Assignee; or d. You made any untrue statement in the credit application for this Contract; or e. You committed any forgery in connection with this Contract; or f. You die, are convicted of a crime involving fraud or dishonesty, or are found by a court with jurisdiction to do so to be incapacitated; or g. You file bankruptcy orinsolvehcy proceedings, or anyone files bankruptcy or insolvency proceedings against you; or h. You take the Vehicle outside tile United States or Canada with aut oUr written consent; or i. You use the Vehicle or allow someone else 10 use it in a way that causes it not to be covered by your insurance; or j, You do something that causes the Vehicle to be subject to confiscation by government authorities; or k. The Vehicle is lost, stoleo, destroyed or damaged beyond economical repair, and not fixed or found within a reasonable time; or I. Another creditor tries to take the Vehicle. or your money on deposit with Assignee by legal process. 13. OUR RIGHTS IF YOU ARE IN DEFAULT OF THIS CONTRACT; It you are in Oetault ot this Contract, we may enforce our rights according to law. We may also do the things specifically mentioned in this Contract We may do one of these things and at the same time or later do another: Some of. the things we may do are the following: a.ACCELERATlON: We can demand that you pay to us the entire unpaid balance owing on the Contract and all unpaid Finance Charges and other money due. You agree that you will pay this money tous in one single payment immediately upon receiving our demand. b. REPOSSESSION: We can repossess the Vehicle, unless prohibited by law. We can do this ourselves, have a qualified person do itfor us, or have a government official (by replevin) do it for us. You agree that we Can peaceably come on to your property todo this" We may take any other things found in the Vehicle, bU,twill retumtheseth ingsto you if you ask. If you want these things back, you may reclaim them within thirty (30) days of our mailing you a Notice.of Repossession, If you do not reclaim the things found in the Vehj,c1e within that time, we may dispose of those things in the same manner as the motor vehicle. You agree that we may use your license plates in repossessing the Vehicle and taking It to a place for storage. c. VOLUNTARY DEUVERY; We can ask you to give us the Vehicle at a reasonably convenient place. You agree to give'usthe Vehicle if we ask. d, DELAY IN ENFORCEMENT: We can delay enforcing our rights under this Contract without losing any rights. t4. SOME THtNGS YOU SHOULD KNOW IF WE REPOSSESS THE VEHICLE; It we repossess withoutusiflga government official (by replevin): a.NOTICE: We will send yona Notice of Repossession to your last address we know about. This Notice will tell you how to buy back (redeem) the Vehicle. You will NOT have the right to reinstate the Contract. This means you will have to pay the total balance on the Contract and other amounts due. You may not get the Vehicle back by paying delinquent installments. This Notice will tell you other information required by law. b. REDEMPTION; You have fhelight to buy back (redeem) the VehICle Within 15 days ot the mailing of the Notice arid at any later time before we sell the Vehicle. If you redeem the Vehicle, we will deliver the Vehicle to you ata place as provided by law, as soon as is reasonably possible, but in not more than ten (10) business days of our receipt of the funds required, If you do not redeem, you give up all claim to the Vehicle. c. SALE: If you don't redeem, we will sel) the Vehicle. The money .received at sale will be used to pay costs and expenses you owe, and then to pay Ihe amount you owe on the Contract. d. SURPLUS OR DEFICIENCY: If there is money lelt, We will pay it to the Buyer If there is not enough money from the sale to pay what you owe, Buyer and Co-Signer agree to pay what is still owed to us. e. EXPENSES: You agree to pay the costs of repossessing, storing, repairing, preparing for sale and selling the Vehicle as may be allowed by law. These costs will only be due if: 1. Default exceeds fifteen (15) days at the time of repossession; 2. The amount of costs are actual, necessary and reasonable; and 3. We can prove the costs were paid. t5. HEIRS AND PERSONAL REPRESENTATIVES BOUND; Alter your death, this Contract shaH be enforceable againstyaur heirs and personal representatives of your estate. 16. GOVERNING LAW: Thi" r.(lntr~c:f i,~ to hp intprnrPtArI ;Jr.r:nrrlinP tn thp );JW nf PAnn.~vlv;Jfli;l 1t:IJIQl-t: lilt: Vt:IIIl-It: 0, III UUI U)JIIIIUII, IL I:'> t:l-UIIUIIIIl-dlly It:Q:'>IUIt: QIIU yuu dlt: IIUl 1I1t:11 III ... __._m__'__" ~. . ..~_.~.~..w." 'w, -"J 'WWWW" _'OJ ...~"-. default of this Contract. Otherwise, we will apply the insurance proceeds to reduce the unpaid illegal, void or unenforceable, that part shall rIOt be a part of this Contract. bc:.iance due us, After the balance due us is paid, any excess will belong to you. 18. ASSIGNMENT BY BUYER: Buyer shall not assign this Contract 11. OUR RIGHTS IF YOU BREAK YOUR PROMISES ABOUT THE SECURITY INTEREST. 19. THERE ARE NO WARRANTIES BY SEllER, EXPRESSEO OR IMPLIED, INCLUDING THE ~EHICLt 0., iNSQRANCE: II you tail 10 keep your promises 10 pay filing lees, taxes, lrens or WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, the costs necessary to keep the Vehicle In good condition and repair, we may advance any UNLESS WE HAVE GIVEN YOU A SEPARATE WRITTEN WARRANTY OR UNLESS SELLER money you promISed 10 pay. If you fail fa keep your promises about required Insurance, we ENTERS fNTO A SERVICE CONTRACT WITH BUYER WITHIN 90 DAYS FROM THE DATE OF may advance money to.oblain insurance to cover loss or damage to the Vehicle. We have the THIS CONTRACT. Buyer's Guide Window Sticker. If the Car which is described on the face of this Contract has a Buyer's GUide Window Sticker required by the Federal Trade Commission Used Car Trade Regulation Rule, the following notice applies: The information you see on the window form for this Vehicle is part of this Contract Information on the window form overrides any contrary provisions in the contract of sale. NOTICE-ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE OF PROPOSED CREDIT INSURANCE The s.igner(s) of this Contract hereby take(s) notice that Group Credit Life Insurance coverage or Group Credit Accident and Disability Insurance coverage will be applicable to this Contract if so marked on the front of this Contract, and each such type of coverage will be written by the insurance company named. This insurance, subject to acceptance by the insurer, covers only the person or persons signing the request for such insurance, The amount of charge is indicated for each type of Credit Insurance to be purchased. The term of insurance will commence as of the date the indebtedness is incurred and will expire on the original scheduled maturity date of the indebtedness. Subject to acceptance by the insurer and within 30 days, there will be delivered to the insured debtor(s) a certificate of insurance more fully describing the insurance. In the event of prepayment of the indebtedness, a reful1d of insurance charges will be made when due. NOTICE: SEE OTHER SiDE FOR IMPORTANT INFORMATION. BANCONSUMER FORM PA 230c-SlC (3/03) , R.D. MATHEWSON P.C. ATTORNEY AT LAW MEMBER OF THE BAR OF PENNSYL V ANlA AND NEW JERSEY 105 NORTH BELMONT AVENUE MARGATE, NEW JERSEY 08402 609-823-2306 609-823-9598 (FAX) August 16,2005 AMATO, MARGLE & MCKARSKI, P.c. 107N. COMMERCE WAY BETHLEHEM, P A. 18017 Jd\ rs~y RE: SAMUEL K. MILLER ACCT NO. 66817518296 Attorney Amato: Please acknowledge acceptance and the referral of the above mentioned account for the purpose of collection on behalf of SOVEREIGN BANK, SUCCESSOR IN INTEREST TO W A YPOINT BANK. The referral is made on a twenty (22%) percent of the amount collected contingent fee basis only and no additional suit fee will be paid, and does not include the amount of any court costs advanced by the client. The above account is assigned for six (6) months from date of assignment, or until recalled from the office ofR.D. MATHEWSON by SOVEREIGN BANK because of Bankruptcy or any other reason. I have enclosed a copy of Penna. Motor Vehicle Contract, Notice of Repossession and Deficiency Letters, and Recovery Management System Print Out. Contract Dated: 6/19/04 Name of Debtor: SAMUEL K. MILLER Social Security # 166742433 Acct. Number: 66817518296 Address: 62 BURKET RD., SHIPPENSBURG, PA. 17257 Telephone No. (RESIDENCE) 7174236140 Telephone No. (PLACE OF EMPLOYMENT) 7177291198 Balance due: $12,410.60 Charge off date: 1/19/05 Date Last Paid: N/A .Default Date: 9/19/04 Interest: Contractual rate f:J \l -. ~ () tn -0 ()..J ~ *- ~ U) (f'l. (') ~;: , . ...> "" c.? ~n % o ..c I "'" V'l :t) \) ,. -J tJ c :2 -0 -.- ~ ~ .-4 -r: -M: ["<"" -em .00 >) .c ~;;j(~, (') .,11 __..,..l.J ~~,- (n i:,~ 'P :..:. ~ ~ <-n (:) SHERIFF'S RETURN - REGULAR CASE NO: 2005-05759 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS MILLER SAMUEL K DOUGLAS RUZANSKI , Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MILLER SAMUEL K the DEFENDANT , at 1800:00 HOURS, on the 7th day of November, 2005 at 62 BURKET ROAD SHIPPENSBURG, PA 17257 by handing to SAMUEL K MILLER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 18.24 .00 10.00 .00 46.24 .."!6C.~ R. Thomas Kline Sworn and Subscribed to before me this It, €- day of Yk~~. 'Mj/: A.D ":;C~ry 7' .~ . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SOVEREIGN BANK Plaintiff No. 05-5759 Civil vs. SAMUEL K, MILLER CIVIL ACTION Defendant PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY, CUMBERLAND COUNTY: Kindly enter judgment by default for want of an answer in favor of Plaintiff and against the above-named defendant(s) only and assess damages as follows: Debt Interest (from October 31, 2005 to December 14, 2005 at 5,74% per annum) Payments $15,697,16 $109.26 Total $15,806.42 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. Pursuant to RCP 237.1, I certify that a copy of the annexed written notice(s) of intention to file this praecipe was mailed or delivered to all parties against whom judgment is to be entered and to their attorney of record, if any, after the default occurred, and at least ten days prior to the date of filing of this praecipe. Please note that said notice was mailed to all parties on November 30, 2005, Dated: 2005 AMATO AND ASSOCIATES, P.C. By: ~--c::::-- . Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty 10 #72412 r Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 2052552 .~ . ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SOVEREIGN BANK Plaintiff No. 05-5759 Civil vs, SAMUEL K, MILLER CIVIL ACTION Defendant CERTIFICATION OF ADDRESSES I do certify that the precise last known address of the within named plaintiff is: 1130 Berkshire Blvd. WYOMISSING PA 19610 I do certify that the precise last known address of the within named defendant is: 62 Burket Road SHIPPENSBURG PA 17257 AMATO AND ASSOCIATES, P,C, By; ~ ~--C__ , Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 A ttorneys for Plai ntiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 . COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SOVEREIGN BANK Plaintiff No. 05-5759 Civil vs, SAMUEL K. MILLER CIVIL ACTION Defendant{sl AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF NORTHAMPTON The undersigned, being duly sworn, according to law, deposes and says that the above Defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of The Servicemembers Civil Relief Act of 2003; That Samuel K. Miller is over 18 years of age, resides at 62 Burket Road, SHIPPENSBURG PA 17257. /~~ Sworn to and subscribed before me this \\. day of \)((. 2005 A.D. c; " i.l NOTARY NOTARIAL SEAL GEOffREY G SCHoENECK Notary PubllO prON CIlTY HAIlOVER TOW, N'ISO~I~~::~~~ 29,2008 My Comm s '. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SOVEREIGN BANK Plaintiff No, 05-5759 Civil vs, SAMUEL K. MILLER Defendant(s) TO: Samuel K, Miller 62 Burket Road SHIPPENSBURG PA 17257 Date of Notice: November 30, 2005 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle. PA 17013 (717) 249-3166 AMATO AND ASSOCIATES, P,C. By: ' Ronald Amato, E "Atty ID #32323 Michael J, Kennedy, Esq" Atty ID #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 ~+ -p \.) ~ ~ -0 (") r-> 0 ~ c:::? \) F 0:::1 -n <f' ::~ (: 1 0 .... 0- r-q :r: ::n " tnr" ~ ,. -r:Jt? - - ~ N i..,." :n J ~ ....t::\ -z .~){l) ...:? ~:'" ~-=:. )..:> -0 ~:.J, j ,.() .~ ::i'.:': C) - ~ .-,.- ~jl"11 ~ --a -t::: >:;'( " <f.' _..1 ,",I~ \ -- ~r; .~.( (.,) '< ~ -L .- . .. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SOVEREIGN BANK Plaintiff No. 05-5759 Civil vs. SAMUEL K. MILLER CIVIL ACTION Defendant NOTICE OF JUDGMENT (XX) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST THE ABOVE-NAMED DEFENDANT(s) IN THE AMOUNT OF $15,806.42 ON V.€.c.....<.1 ,2005. () A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY OF CUMBERLAND COUNTY IN SUPPORT OF THE WITHIN JUDGMENT IS/ARE ENCLOSED, PROTHONOTARY - CUMBERLAND COUNTY If you have any questions concerning the above, please contact the undersigned. AMATO AND ASSOCIATES, P.C. By: ~ A=.---- ROnald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SOVEREIGN BANK Plaintiff No. 05-5759 Civil vs. PRAECIPE FOR WRit EXECUTION (MONEY JUDGMEN~) SAMUEL K. MILLER Defendant(s} To the Prothonotary - Cumberland County: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER. (1) Directed to the Sheriff of Cumberland County, for debt, interest and following described property of the defendant(s} All cash on hand or in the defendant s accounts receivables furniture furnishin s e ui ment i vehicles electronic e ui ment an and all other ersonal ro ert belon i named defendant(sl. (2) against SAMUEL K. MILLER, Defendant(s} (3) and against.................................... ....Garnishee(s} (4) and index this writ (a) against..................................Defendantls) and (b) against..... ................ ................. .Garnishee(s) as a lis pendens against the real property of the defendant(s) in the name of as follows:(Specifically describe the property) costs upon the ssession of the ventor tools to the above- he Garnishee(s} Less Payment Costs Poundage $ 15,806.42 $ 54.94 I I $ 0.00 ! $ $ (5) Amount Due Statutory Interest From December 21, 2005 Total $ 15,861.36 Date:Januarv 11. 2006 ~~ATO ;;,:e. , Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff Attorney File#: 2052552 t: 'P. - J- ~ ~ t - c; 1:- ~ V) l \.:I flt ~ :b'l- --- V( \) \) \) t-f? r - ..(', -:t ~ w _ - ~ 8 -- , ~ _1- ~ -- V\..l:::- ~~..oV1~~ ~"1()~I-JR '\)()C)..!:.v \ \ \ I \::):0 - ~::~~p= ~ ~~~~ ....".--., - ,.'^' ,;;; ';'o",-j c:; .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SOVEREIGN BANK Plaintiff No. 05-5759 Civil vs. SAMUEL K. MILLER CIVIL ACTION Defendant(s) CERTIFICATION OF DEFENDANT(5) ADDRESS FOR SERVIC~ I do certify that the precise last known address of the within named d fend antis} is the address provided below, and request that the Sheriff serve the above named defendant(s) at: 62 Burket Road SHIPPENSBURG PA 17257 AMATO AND ASSOCIATES, P.C. By; Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff Dated:Januarv 11. 2006 Attorney File #:2052552 " ~.:'? '" ~, c:.: WRIT OF EXECUTION and/or ATTACHMENT . COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5759 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s) From SAMUEL K. MILLER, 62 BURKET ROAD, SHIPPENSBURG, PA ]7257 (1) You are directed to levy upon the property of the defendant (s)and to sell AI"L CASH! ON HAND OR IN THE POSSESSION OF THE DEFENDANT(S), ACCOUNTS RECEIV AB~ES, FURNITURE, FURNISHINGS, EQUIPMENT, INVENTORY, TOOLS, VEHICL/<:S, ELECTRONIC EQUIPMENT, ANY AND ALL OTHER PERSONAL PROPERT~ BELONGING TO THE ABOVE-NAMED DEFENDANTS. (2) You are also dIrected to attach the property of the defendant(s) not leVIed upon In the pjsseSSlOn of GARNISHEE(S) as follows: and to nolIfy the gamIshee(s) that (a) an attachment has been Issued, (b) the garnishee(s) IS I nJOlned from paymg any debt to or for the account of the defendant (s) and from delIvenng any property o~ the defendant (s) or otherWISe dISposmg thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the os session of anyone other than a named garnishee, you are directed to notify him/her that he/she has b en added as a garnishee and is enjoined as above stated. Amount Due $15,806.42 Interest FROM 12/2I/05 - $54.94 L.L. $.50 Atty's Cornrn % Due Prothy $1.00 Other Costs Atty Paid $128.24 Plaintiff Paid Date: JANUARY 19, 2006 J>/ (]~-/~ ->~, I ( ProthoZ (! ~. n"1o_ Deputy (Seal) REQUESTING PARTY: Name RONALD AMATO, ESQUIRE Address: ]07 NORTH COMMERCE WAY BETHLEHEM, PA 18017 Attorney for: PLAINTIFF Telephone: 610-866-0400 Supreme Court JD No. 32323 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA " CIVIL ACTION - LAW , SOVEREIGN BANK t Plaintiff No. 05-5759 Civil vs. SAMUEL K. MILLER CIVIL ACTION Defendant(s) PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please satisfy the judgment entered in the above-captioned case. AMATO AND ASSOCIATES, P.C. By: nald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM ( o s I2ff' :::~ ciS .~..... t-~ ~_.~ ....~.- 2::: C-.. :> ~:~.~~ ~ =2 I'..) = = 0"0 :x ::l:loo -< o ." ~:o -Or:;; ?!J6 =r: =rf (,} (-) i~rTJ 'i;! ::0 -< N ;:r.:r.. ::r o N Thomas Kline, Sheriff, who being4i~~f'fIaw, states this writ is returned STAYED, UHTY. PA 100. JAN 23 Sheriff s Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL 18.00 260.00 .50 1.00 14.96 20.00 20.00 $ 334.46 Sworn and Subscribed to before me 2006 A.D. ~ ~ ~ ~; t:;? A A1fviltbe Costs: 334.46 Sheriffs Costs: 334.46 $ 000,00 Refunded to Atty on 04/19/06 So An~ ~ ~.,~~..~ R, Thomas Kline, Sheriff CJ a.uJ; <L. BKe~L( By Claudia A, Brewbaker I:> \1-, , <>- '" U\ '" ~'.f' ~'" o:::::::e.. I}.!h, ~ ~ I. !>1) ue...1{3'l/..,'1 ~! !'!~41. ,. 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SJ.NYaNUaa aaWVN-aAOHV mil. OJ. ~NI~NOTaH AJ.lIadOlld 'IVNOSlIad lIaHJ.O T'IV lINV ANY 'J.N:!lWdIllOa :lINOllJ.:laTa 'SaT:lIHaA 'STOOJ. 'AlIOJ.NaANI 'J.NaWdliloa 'S~NIHSINlIfM 'alIflJ.INlIfl.>l 'saTHV Ma:lID!. SJ.NilO:l:lV '(s)J.NY<INa.>laa mJ. .>10 NOIssaSSOd mJ. NI 110 aNVH NO HSV:l T'IV IIOS OJ pUll(S) JUllpU3J3P olj)Jo A).IOdOld olj) uodn AAOI OJ pOjOOljP om nOA (iJ LSZL I V d '~1Il1HSNadclIHS 'avOllJ.IDIlIflH Z9 'lIaTTIW '}I TmWVS WOlil (s) JJPUI"ld '}lNYH N~IID!.aAOS onp SjSOO pUll jS010jU! 'jqop olj) AJS!l~S OJ. :A.LNflOJ lINV'DfaHWfl:l ilO ilillliilHS ilR.L OJ. (aNVTlIilHWflJ ilO ALNflOJ (VINV KIASNNild ilO H.LlVilMNOWWOJ fA Vi - NOUJV iIAIJ l!A!:l 6SLS-SO ON .LNaWH:lVJ.J.V .0(PUll NOIJ.fD:!lXa.>lO J.nIM Mortgage Electronic Registration Systems, Inc. VS Ardella M. Souders a/k/a Ardella F, Souders and Marietta Fickel The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-5437 Civil Term Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 30,2005 at 2:52 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: Ardella M. Souders a/k/a Ardella F. Souders and Marietta Fickel, by making known unto Marietta Fickel, personally and sister of Ardella M. Souders a/k/a Ardella F. Souders, at 18 Valley Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same, Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January 10,2006 at 8:32 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Ardella M. Souders a/k/a Ardella F. Souders and Marietta Fickel, located at 18 Valley Street, Carlisle, 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: Ardella M, Souders a/k/a Ardella F. Souders and Marietta Fickel, by regular mail to their last known address of 18 Valley Street, Carlisle, P A 17013. These letters were mailed under the date of January 10, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED per instructions from Attorney Mark Udren. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Law Library Prothonotary Mileage Certified Mail Levy Surcharge 30.00 386,73 15.00 15,00 .50 1.00 9,20 7,32 15.00 30,00 Postage Law Journal Patriot News Share of Bills 1.17 239.00 287.60 21.05 $1,058.57 Sworn and subscribed to before me 2006, A.D. ~ ~.. . R. Thomas Kline, st:f! ~ BY ,)()d1~ 5YJ.1J.lh Real Estate ergeant '\,1l (lC.<;jl,.~\ ~. 111 f'fD ". UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Ardella M. Souders a/k/a Ardella F. Souders Marietta Fickel, Mortgagor 18 Valley Street Carlisle, PA 17013 NO, 05-5437 Civil Term Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Mortgage Electronic Registration Systems, Inc., Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 18 Valley Street (South Middleton Township), Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s) : Name Address Ardella M, Souders a/k/a Ardella F. Souders 18 Valley Street Carlisle, PA 17013 Marietta Fickel, Mortgagor 18 Valley Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and record lien Name address of every judgment creditor on the real property to be sold: Address whose judgment is a None ~ 4. Name record: Name " and address of the last.reeorded holder of every mortgage of Address Plaintiff herein. See Caption above. 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address in the property and Name of every other person whose interest may be Address who has any record interest affected by the sale: Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 6th Fl., Strawberry Square, Dept. 280601 Harrisburg, PA 17128 Internal Revenue Service Federal Estate Tax Special proeedures Branch P.O. Box 12051 Philadelphia, PA 19105 Department of Public Welfare TPL Casualty Unit Estate Recovery Program P.O. Box 8486, Willow Oak Building Harrisburg, PA 17105-8486 Real Estate Tax Dept. 1 Courthouse Square Carlisle, PA 17013 Domestie Relations Seetion 13 N. Hanover Street Carlisle, Pa 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 I. 7. Name and address of every obher person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Oecupants 18 Valley Street (South Middleton Township) Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correet to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. DATED: December 6, 2005 /~~/ Mark J. Udren, ESQ. Attorney for Plaintiff ~ UDREN LAW OFFICES, P.C. ty: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOOD CREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Ardella M. Souders a/k/a Ardella F. Souders Marietta Fickel, Mortgagor 18 Valley Street Carlisle, PA 17013 NO. 05-5437 Civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Marietta Fickel, Mortgagor 18 Valley Street Carlisle, PA 17013 Your house (real estate) at 18 Valley Street, (South Middleton Township), Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on March 8, 2006, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $105,368,16, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. 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 cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) . ~MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5, You have the right to remain in the property until paid to the Sheriff and the Sheriff gives a deed to the buyer. buyer may bring legal proceedings to evict you. the full amount due is At that time, the 6, You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 -. Jb~EN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Mortgage Electronic Registration Systems, Inc. 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Plaintiff v. Ardella M. Souders a/k/a Ardella F. Souders Marietta Fickel, Mortgagor 18 Valley Street Carlisle, PA 17013 NO. 05-5437 Civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Ardella M. Souders a/k/a Ardella F. Souders 18 Valley Street Carlisle, PA 17013 Your house (real estate) at 18 Valley Street, (South Middleton Township) ,Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on March 8, 2006, at 10:00 A.M. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $105,368.16, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. 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 cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400, 2. You may be able to stop the sale by filing a petition asking the eourt to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause, 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights, The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) ~. . , ~U MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder, You may find out the price bid by calling 856-669-5400, 2, You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3, The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until paid to the Sheriff and the Sheriff gives a deed to the buyer. buyer may bring legal proceedings to evict you. the full amount due is At that time, the 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU PO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTEP BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL. l'.ho.... eer.....1n ...wo 101:.. oJ: ,round s1...uau 1n Sou...h M1ddle-.: "'on Township, Cumberland Coun"'y, Pennsylvania. more pan:ieularly described. as foUow..: B.ing Lots Nos. 19 and 20, Block "t", of "'hat certain Plan of LOl:s mown as Carlisle Mnor oJount.1on, which Plan is recorded in the Ofr1c.. of th.. R.cord.r of D..ds in and for Cumberland County, Pj!lnnsylvan1a, in Plan Book 3, Page 99. Said Lots having a frontaC_ on Valley S...rea... of 100 f..... and ex...ending in dep"'h 150 fee... "'0 L1na of 101: No. 16, Block "L", in I:he re~r. ,. '" " ~i BEING KNOWN AS: 18 Valley Street, (South Middleton Township) Carlisle, PA 17013 PROPERTY ID NO. : 40-22-0489-076 TITLE TO SAID PREMISES IS VESTED IN CARL E. SOUDERS, DECEASED AND ARDELLA F, SOUDERS, HIS WIFE BY DEED FROM ARDELLA M. FICKEL, NOW INTERMARRIED WITH CARL E. SOUDERS AND CARL E. SOUDERS HER HUSBAND DATED' 2/5/55 RECORDED 2/5/55 IN DEED BOOK 16-F PAGE 489. WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5437 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debl, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From ARDELLA M. SOUDERS AIK/ A ARDELLA F. SOUDERS, MARlETT A FICKEL, MORTGAGOR (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also direcled 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 helshe has been added as a garnishee and is enjoined as above stated, Amount Due $105,368.16 L.L. $.50 Interest FROM 12/7/05 TO DATE OF SALE 3/8/06 ONGOING PER DIEM OF $26,80 TO ACUTAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $2,465,16 Arty's Comm % Due Prothy $1.00 Arty Paid $130,80 Other Costs Plaintiff Paid Dale: DECEMBER 7, 2005 (Seal) CURTIS R. LONG Protho:0 p 7?& ~. ~Q....- . ~~~ Deputy REQUESTING PARTY; Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY IDLL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ill No. 04302 \1',- net', .",If ut>_ -.;j 'v'I/: J.J . Real Estate Sale # 49 On December 12, 2005 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 18 Valley Street, Carlisle, more fully described on Exhibit "A" Date: December 12, 2005 BYUWy S~ Real Estate Sergeant I' ~ ~ ~ filed with this writ and by this reference incorporated herein. lO 'U 'fI 8- 310 . V2M'iMr101~~r~r PR""F OF PUBl,ICATION OF NOTICE I" ,UMBERLAND LAW JOURNAL (Under At :\0. 5S7, approved May 16, 1929), P. L.1784 STATE OFPENNSYLVAI\, , : ss. COUNTY OF CUMBERL, .. U : Lisa Marie Coyne, [, ,II" ire, Editor .)f the Cumberland Law Journal, of the County and State aforesaid, being duly s"" . ii, according to law, deposes and says that the Cumberland Law Journal, a legal periodical pu!hcd ill the Bnrough of Carlisle in the County and State aforesaid, was established January 2.-2, Ilild dcignated by thc local courts as the official legal periodical for the publieatiol ,ill legal nul.ees, and has, SlllCC January 2, 1952, been regularly issued weekly in the said (\ ... and that the printed notice or publication attached hereto is exactly the same as was prili,'" III the regular editions and issues of the said Cumberland Law Journal on the following: date VlZ: January 20,2 ,Icbruary 3,2006 Affiant further clepos., Law Journal, a legal periodic matter of the aforesaid not ,llat hc is aUltlOrizecl to veril'y thiS statement by the Cumberland .1 ,[' general cli.culation, and that he is not interested in the subject or Ildvertiscment, and that all allegations in the foregoing statements as to time, placc Ii' ."laracter of publication are true. " AND S\iBSCRlB D before me this 3 day of Fchruarv, 2006 ,~~~ ~<l{Y.~!~,!~A / NOTARIAL SEAL 1 LOIS E. SNYDER, NoWv PuUlc ! , C~r!;s!C Bam, ?l1~~~rla.m!.:~IJ'~:;'.,,) I ; r\~y i.,~r.':",,'~"n~~;~(o~ E}(th:~" ;.,.,,_,1 ,),..t, ':~ IlII& ..-rAft ..... m. ... Writ No. 2005-5437 CMl Mortgage Electronlc Registration Systems, Inc. VI, AnIeI1a M. -. a/k/a Ardella F, -. _ __ F\ckeI Atty.: Mark Udren ALL those certain two lots of ground situate In South Middleton Township, Cumberland eounty, Pennsylvania. more particularly de- scribed as follows: Being Lots Nos. 19 and 20, Block "L". of that certain Plan of Lots known as Carltsle Manor Extentlon. which Plan Is recorded in the Of- fice of the Recorder of Deeds in and for Cumberland County. Pennsylva- nia, In Plan Book 3. Page 99. SaId Lots having a frontage on Valley Street of 100 feet and extending In depth 150 feet to line of Lot No. 16. Block "L", In the rear. BEING KNOWN AS: 18 Valley Street (South Middleton Township). Carlisle, PA 17013. PROPER1Y lD NO.: 40-22-0489- 076, TITLE TO SAID PREMISES IS VESTED IN Carl E. Souders. de- ceased and Ardella F. Souders, his wife by deed from Ardella M. Fickel. now intermarried with Carl E. Souders and Carl E. Souders her husband dated 2/5/55 recorded 2/ 5/55 In Deed Book 16-F Page 489. . .... 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 sworn 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#49 Sworn to 6 A.D. ; :;"',,,!., q}',!'i~4fi~;'1'X';;~h1f::i':.': .-:"'-',X~/::A.;~ ': J 'j 1I~~1!l"'}1! ;:r. o' , ,.,. "~""'''' ~C QIioed NOTAR PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013