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HomeMy WebLinkAbout06-3234 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IRWIN UNION BANK AND TRUST CIVIL DIVISION COMPANY, D? - 3y ?LC?t?,?JLY+? Plaintiff, NO. l vs. TODD H. EPPLEY and SARA N. EPPLEY, Defendants. COMPLAINT IN MORTGAGE FORECLOSURE Code -MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IRWIN UNION BANK AND TRUST COMPANY, ) - 3?3y l?! U Plaintiff, ) NO: ^I n vs. ) TODD H. EPPLEY and SARA N. EPPLEY, ) Defendant(s) ) 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 THE ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES AND OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON 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 (717) 249-3166 COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the Plaintiff by its attorneys, Louis P. Vitti and Associates, P.C. and Louis P. Vitti, Esquire, and pursuant to the Pennsylvania Rules of Civil Procedure Numbers 1141 through 1150, for its Complaint in Mortgage Foreclosure, sets forth the following: 1. The Plaintiff is a corporation duly authorized to conduct business within the laws of the Commonwealth of Pennsylvania, having a principal place of business located at P.O. Box 5029, San Ramon, CA 94583. 2. The Defendants are individuals with a last known mailing address of 26 Silver Maple Drive, Boiling Springs, PA 17007. The property address is 26 Silver Maple Drive, Boiling Springs, PA 17007 and is the subject of this action. 3. On the 22nd day of April, 2004, in consideration of a loan of One Hundred Eighteen Thousand and 001100 ($118,000.00) Dollars made by Mortgage Electronic Registration Systems, Inc. ("MERS") as Nominee for Irwin Union Bank and Trust Company, a MI corporation, to Defendant(s), the said Defendant(s) executed and delivered to Mortgage Electronic Registration Systems, Inc. ("MERS") as Nominee for Irwin Union Bank and Trust Company, a MI corporation, a "Note" secured by a Mortgage with the Defendant(s) as mortgagor(s) and Mortgage Electronic Registration Systems, Inc. ("MERS") as Nominee for Irwin Union Bank and Trust Company, as mortgagee, which mortgage was recorded on the 4th day of May, 2004, in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1864, page 636. The said mortgage is incorporated herein by reference thereto as though the same were set forth fully at length. 4. The premises secured by the mortgage are: SEE EXHIBIT "A"ATTACHED HERETO. 5. Said mortgage provides, inter alia: "that when as soon as the principal debt secured shall become due and payable, or in case default shall be made in the payment of any installment of principal and interest, or any monthly payment, keeping and performance by the mortgagor of any of the terms, conditions or covenants of the mortgage or note, it shall be lawful for mortgagee to bring an Action of Mortgage Foreclosure, or other proceedings upon the mortgage, of principal debt, interest and all other recoverable sums, together with attorney's fees." 6. Since February 15, 2006, the mortgage has been in default by reason, inter alia, of the failure of the mortgagor(s) to make payments provided for in the said mortgage (including principal and interest) and, under the terms of the mortgage, the entire principal sum is due and payable. 7. In accordance with the appropriate Pennsylvania Acts of Assembly and the Pennsylvania Rules of Civil Procedure, the mortgagor(s) has been advised in writing of the mortgagees intention to foreclose. The appropriate time period has elapsed since the Notice of Intention to Foreclose has been served upon the mortgagor(s). 8. The amount due on said mortgage is itemized on the attached schedule. 9. Pursuant to Pennsylvania Rules of Civil Procedure 1144 the Plaintiff releases from liability for the debt secured by the mortgage any mortgagor, personal representative, heir or devisee of the mortgagor who is not a real owner of the property as evidenced by the last recorded deed of record at the time of filing this complaint. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure Number 1147(6), Plaintiff demands judgment for the amount due of One Hundred Thirty Two Thousand One Hundred Fifty Eight and 30(100 Dollars ($132,158.30) with interest and costs. Respectfully submitted, LOUIS P. VITTI & ASSOC., P.C. BY , Lo ' . Vitti, Esquire Attorney for Plaintiff EPPLEY SCHEDULE OF AMOUNTS DUE UNDER MORTGAGE Unpaid Principal Balance Interest @ 11.9000% from 01/15/06 through (Plus $38.0127 per day after 5/31/2006 ) Late charges through 6/1/2006 0 months @ 61.70 Accumulated beforehand (Plus $61.70 on the 17th day of each month after Attorney's fee Escrow deficit 5/31/2006 6/1/2006 ) (This figure includes projected additional charges that maybe incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale) 116,593.62 5,169.73 123.40 5,829.68 4,441.87 BALANCE DUE 132,158.30 Exhibit "A" Legal Description All that certain parcel of land situate in the Township of South Middleton, C ounty of Cumberland and State of Pennsylvania, being known and designated as follows: Containing 16,576.50 square feet and being designated as Lot No. 129 adC&dih'g to the Final Subdivision Plan of Indian Wills - Section II, Recorded in the Office of the Recorder of Deeds in and for Cumberland County, P ennsylvania in Plan Book 77 Page 72. Lot No. 129 in subject to all associated rights and provisions of a 30 feet wide S torm Drainage Easement. Tax ID: 40-10-0636-323 EXHIBIT 61 4 " BKI864P0643 AND NOW Louis P. Vitti verifies that the statements made in this Complaint are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the court and the verification cannot be obtained within the time allowed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, information and belief based upon the information provided him by the Plaintiff. L Lo s P. Vitti Dated: 6/5/2006 h r T N ,^ q.3 cn SHERIFF'S RETURN - REGULAR % CASE NO: 2006-03234 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IRWIN UNION BANK AND TRUST CO VS EPPLEY TODD H ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon EPPLEY TODD H the DEFENDANT at 1545:00 HOURS, on the 5th day of July 2006 at 26 SILVER MAPLE DRIVE BOILING SPRINGS, PA 17007 by handing to TODD EPPLEY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 13.20 Affidavit .00 ;;;!!! Surcharge 10.00 R. Thomas Kline .00 41.20,-' 07/10/2006 ?_zyb(, LOUIS VITTI Sworn and Subscibed to By: before me this day -CL- k, 'Deputy S e iff of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-03234 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IRWIN UNION BANK AND TRUST CO VS EPPLEY TODD H 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 EPPLEY SARA N but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , EPPLEY SARA N 26 SILVER MAPLE DRIVE BOILING SPRINGS, PA 17007 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. NOT FOUND , as to Sheriff's Costs: So answers: Docketing 6.00 Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00,/ LOUIS VITTI 9-.z y,vv 07/10/2006 Sworn and Subscribed to before me this day of , A. D. An IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IRWIN UNION BANK AND TRUST COMPANY, Plaintiff, VS. TODD H. EPPLEY and SARA N. EPPLEY Defendants. CIVIL DIVISION NO. 06-3234 PRAECIPE TO REINSTATE COMPLAINT IN MORTGAGE FORECLOSURE Code - Mortgage Foreclosure Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IRWIN UNION BANK AND TRUST COMPANY, ) Plaintiff, ) NO. 06-3234 vs. ) TODD H. EPPLEY and SARA N. EPPLEY ) Defendants. ) PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please reinstate the complaint in the above-captioned case. Respectfully submitted, LOUIS P. BY: DATE: October 12, 2006 "Y i k' a ,. ? t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IRWIN UNION BANK AND TRUST CIVIL DIVISION COMPANY, NO. 06-3234 PRAECIPE FOR DEFAULT Plaintiff, JUDGMENT, CERTIFICATION OF MAILING AND AFFIDAVIT OF NON- MILITARY SERVICE vs. TODD H. EPPLEY and SARA N. EPPLEY, Code MORTGAGE FORECLOSURE Filed on behalf of Plaintiff Defendants. Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IRWIN UNION BANK AND TRUST COMPANY, Plaintiff, vs TODD H. EPPLEY and SARA N. EPPLEY, Defendants. PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO: PROTHONOTARY OF CUMBERLAND COUNTY NO: 06-3234 Enter judgment in Default of an Answer in the amount of $139,266.67, in favor of the Irwin Union Bank and Trust Company, Plaintiff in the above-captioned action, against the Defendants, Todd H. Eppley and Sara N. Eppley and assess Plaintiffs damages as follows and/or as calculated in the Complaint: Unpaid Principal Balance $116,593.62 Interest from 01/15/06-12/04/06 12,278.10 (Plus $22.8932 per day after 12/04/06) Late charges (Plus $61.70 per month from 06/01/06-06/13/07 $678.70) 123.40 Attorney's fee 5,829.68 Escrow Deficit 4,441.87 (Plus any additional charges that may be incurred by the Plaintiff and transmitted to the sheriff as charges on the writ prior to the date of the sheriffs sale) Total Amount Due $139.266.67 The real estate, which is the subject matter of the Complaint, is situate in Twp of South Middleton, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 26 Silver Maple Drive, Boiling Springs, PA 17007. Tax ID #40-10-0636-323. L s P. Vitti, Esquire Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IRWIN UNION BANK AND TRUST COMPANY, Plaintiff, : NO: 06-3234 vs TODD H. EPPLEY and SARA N. EPPLEY, Defendants. CERTIFICATION OF MAILING I, Louis P. Vitti, do hereby certify that a Notice of Intention to Take Judgment was mailed to the Defendant(s), in the above-captioned case on November 22, 2006, giving ten (10) day notice that judgment would be entered should no action be taken. LOUIS P. VITTI & ASSOCIATES, P.C. ?1-- - ( I a I BY: - v Uo i s P. Vitti, Esquire rney for Plaintiff SWORN to and subscribed before me this 4th day of December, 2006. I?utaiy r uuitfN',o1 V meal j. srl t _ A -ry U511C it "Iwrtlf }L;'t / • ' f??StU( t_1(CJ P ,): X14 ar' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IRWIN UNION BANK AND TRUST COMPANY, vs TODD H. EPPLEY and SARA N. EPPLEY, Plaintiff, Defendants. IMPORTANT NOTICE TO: Todd H. Eppley 26 Silver Maple Drive Boiling Springs, PA 17007 Date of Notice: November 22, 2006 Sara Eppley 114 Woodlawn Lane Carlisle, PA 17013 NO: 06-3234 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 (10) 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 NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON 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 (717) 249-3166 LOU VITTI & ASSOCI T S, P.C. BYE Louis P. Vitti, Esquire Attorney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA, SS: COUNTY OF ALLEGHENY BEFORE me, the undersigned authority, personally appeared Louis P. Vitti, Esquire, who, being duly sworn according to law, deposes and says that he is advised and believes that DEFENDANT(S) is/are not presently in the active military service of the United States of America and not members of the Army of the United States, United States Navy, the Marine Corps, or the Coast Guard, and not officers of the Public Health Service detailed by proper authority for duty with the Army or Navy; nor engaged in any active military service or duty with any military or naval units covered by the Soldiers and Sailors Civil Relief Act of 1940 and designated therein as military service, and to the best of this affiant's knowledge is/are not enlisted in military service covered by said act, and that the averments herein set forth, insofar as they are within his knowledge, are correct, and true; and insofar as they are based on information received from others, are true and correct as he verily believes. This Affidavit is made under the provisions of the Soldiers and Sailors Civil Relief Act of 1940. dLis P. Vitti, Esquire t7?? SWORN to and subscribed before me this 4th day of December, 2006. r ^? n I W- 0<31 n ?- ? d r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IRWIN UNION BANK AND TRUST CIVIL DIVISION COMPANY, NO. 06-3234 PRAECIPE FOR WRIT OF Plaintiff, EXECUTION AND AFFIDAVIT OF LAST KNOWN ADDRESS vs. Code MORTGAGE FORECLOSURE TODD H. EPPLEY and SARA N. EPPLEY, Defendants. Filed on behalf of Plaintiff Counsel of record for this party: Louis P. Vitti, Esquire Supreme Court #01072 Louis P. Vitti & Assoc., P.C. 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 vs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IRWIN UNION BANK AND TRUST COMPANY, TODD H. EPPLEY and SARA N. EPPLEY, Plaintiff, : NO: 06-3234 Defendants. PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO: PROTHONOTARY OF CUMBERLAND COUNTY Issue a Writ of Execution in favor of the Plaintiff and against the Defendant(s) in the above-captioned matter as follows: Amount Due $139,266.67 Interest 12/05/06-06/13/07 4,349.70 Total $143,616.37 The real estate, which is the subject matter of the Praecipe for Writ of Execution is situate in: Twp of South Middleton, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 26 Silver Maple Drive, Boiling Springs, PA 17007. Tax ID #40-10-0636-323. .. L is P. Vitti, Esquire 3Attorney for Plaintiff I r ? W j k ` r? CTS ? o c c C " w A 1 ?, 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IRWIN UNION BANK AND TRUST COMPANY, Plaintiff, NO: 06-3234 vs TODD H. EPPLEY and SARA N. EPPLEY, Defendants. AFFIDAVIT I, Louis P. Vitti, do hereby swear that, to the best of my knowledge, information and belief, the Defendant(s), are the owners of the real property on which the Plaintiff seeks to execute . That the Defendant, Todd H. Eppley, last known address is 26 Silver Maple Drive, Boiling Springs, PA 17007. That the Defendant, Sara N. Eppley, last known address is 114 Woodlawn Lane, Carlisle, PA 17013 Lam. L u s P. Vitti, Esquire SWORN TO and subscribed before me this 4th day of December, 2006. Notary-PuW- t d , ,Ublic - rrr (.;o?artV ;nr 28, 2C07 01; 4?..: ? ? ? . _ ~ ?-, f ? ? tri :: .. ' -< N `=? t: ? .. " ? ?__ , ? ?r,. , J3' ?y .?4 ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3234 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due IRWIN UNION BANK AND TRUST COMPANY, Plaintiff (s) From TODD H. EPPLEY AND SARA N. EPPLEY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $139,266.67 Interest FROM 12/5/06 - 6/13/07 - $4,349.70 Atty's Comm % Atty Paid $176.60 Plaintiff Paid Date: DECEMBER 12, 2006 L.L. $.50 Due Prothy $1.00 Other Costs - eA?4' C is R. rotho tary (Seal) By: Deputy REQUESTING PARTY: Name LOUIS P. VITTI, ESQUIRE Address: 916 FIFTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 I -. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IRWIN UNION BANK AND TRUST COMPANY, Plaintiff, NO: 06-3234 vs TODD H. EPPLEY and SARA N. EPPLEY, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 Irwin Union Bank and Trust Company, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 26 Silver Maple Drive, Boiling Springs, PA 17007. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Address (Please indicate if this cannot be reasonably ascertained) Todd H. Eppley 26 Silver Maple Drive Boiling Springs, PA 17007 Sara N. Eppley 114 Woodlawn Lane Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) NONE 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) Irwin Union Bank and Trust Company 1717 East College Parkway Carson City, NV 89706 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) 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 (Please indicate if this cannot be reasonably ascertained) Tax Collector of South Middleton Township South Middleton Municipal Authority Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Tax Claim Bureau of Cumberland County Cumberland County Courthouse 20 Buckthorn Drive Carlisle, PA 17013 P.O. Box 8 Boiling Springs, PA 17007 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013 Court of Common Pleas of Cumberland County Domestic Relations Division PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant P.O. Box 320 Carlisle, PA 17013 Dept. #281230 Harrisburg, PA 17128-1230 26 Silver Maple Drive Boiling Springs, PA 17007 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. December 4. 2006 Date SWORN TO and subscribed before me this 4th day of December, 2006. Jto isP. Vitti, Esquire rney for Plaintiff ._ O ? ?-? ?} ?T ?3» ? ?° N ,r _?'? r ,i. : ^^?. r ? ? i ?? i_ ti ? .? r r NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Todd H. Eppley Sara N. Eppley 26 Silver Maple Drive 114 Woodlawn Lane Boiling Springs, PA 17007 Carlisle, PA 17013 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on June 13, 2007 at 10:00 A.M., the following described real estate, of which Todd H. Eppley and Sara N. Eppley are owners or reputed owners: Twp of South Middleton, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 26 Silver Maple Drive, Boiling Springs, PA 17007. Tax ID #40-10-0636-323. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of Irwin Union Bank and Trust Company vs. Todd H. Eppley, et al at 06-3234 in the amount of $139,266.67. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The Writ of Execution has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriffs Sale set aside if the property is sold for a grossly inadequate price or if there are defects in the Sheriffs Sale. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has delivered his Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. L¢uts P. Vitti, Esquire )"orney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** C? ' ? ?-, ? . ? ?-n ?- ??,?? ?, ri ??, ? ?? .,,,, ,-, : ? ?? ?` ? . N ? ? _ ,, ? f?3 _ rte..,-. ,r , r' i? ? ? , ?.? .--^ ;,,? r SHERIFF'S RETURN - REGULAR CASE NO: 2006-03234 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IRWIN UNION BANK AND TRUST CO VS EPPLEY TODD H 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 EPPLEY SARA N the DEFENDANT , at 1437:00 HOURS, on the 1st day of November-, 2006 at 114 WOODLAWN LANE CARLISLE, PA 17013 by handing to SARA EPPLEY 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: So Answers: Docketing 18.00 Service 4.0 Affidavit .000 Surcharge 10.00 R. Thomas Kline .00 32.40v/ 11/02/2006 1111,10f, LOUIS VITTI Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Irwin Union Bank & Tr Co is the grantee the same having been sold to said grantee on the 13th day of June A.D., 2007, under and by virtue of a writ Execution issued on the 12th day of Dec, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 3234, at the suit of Irwin Union Bank & Tr Co against Todd H Eppley & Sara N is duly recorded in Deed Book No. 281, Page 80. IN TESTIMONY WHEREOF, I have hereunto set my hand and s al of said office this day of A.D. oCT A ., ? . .\ \ Recorder of Deeft cwnbsdend Counry, CorWM, pA * Cbm? Ftiree fm FWM Monday d Jeo. 2010 Irwin Union Bank and Trust Company In the Court of Common Pleas of VS Cumberland County, Pennsylvania Todd H. Eppley and Sara N. Eppley Writ No. 2006-3234 Civil Term Mark Conklin, who being duly sworn according to law, states that on March 21, 2007 at 1845 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Todd H. Eppley, by making known unto Todd H. Eppley personally at 26 Silver Maple Drive, Boiling Springs, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Kenneth Gossert, who being duly sworn according to law, states that on March 21, 2007 at 2015 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Sara N. Eppley, by making known unto Sara Eppley personally at 114 Woodlawn Lane, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1355 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Todd H. Eppley and Sara N. Eppley, at 26 Silver Maple Drive, Boiling Springs, Cumberland County, 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: Todd H. Eppley, by regular mail to his last known address of 26 Silver Maple Drive, Boiling Springs, PA 17007 and Sara N. Eppley, by regular mail to her last known address of 114 Woodlawn Lane, Carlisle, PA 17013. These letters were mailed under the date of April 3, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 13, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Louis P. Vitti, on behalf of Irwin Union Bank and Trust, Co. It being the highest bid and best price received for the same, Irwin Union Bank and Trust Co., of P.O. Box 5029, San Ramon, CA 94583, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $920.00. Sheriffs Costs: Docketing $30.00 Poundage 18.04 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 14.40 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed 287.39 16.17 25.00 39.50 $ 920.00 ? C?,' ?l0 71 a Auswat: R. Thomas Kline, Sheriff BY . I• CA 5 9 ??rq ,&,_ ? ?? qql Y r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IRWIN UNION BANK AND TRUST COMPANY, vs TODD H. EPPLEY and SARA N. EPPLEY, Plaintiff, Defendants. NO: 06-3234 AFFIDAVIT PURSUANT TO RULE 3129.1 Irwin Union Bank and Trust Company, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 26 Silver Maple Drive, Boiling Springs, PA 17007. 1. Name and address of Owner(s) or Reputed Owner(s): Name: Todd H. Eppley Sara N. Eppley Address (Please indicate if this cannot be reasonably ascertained) 26 Silver Maple Drive Boiling Springs, PA 17007 114 Woodlawn Lane Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name: Address (Please indicate if this cannot be reasonably ascertained) Same as No. 1 above. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name: Address (Please indicate if this cannot be reasonably ascertained) NONE ?J 4. Name and address of the last recorded holder of every mortgage of record: Name Address (Please indicate if this cannot be reasonably ascertained) Irwin Union Bank and Trust Company 1717 East College Parkway Carson City, NV 89706 5. Name and address of every other person who has any record lien on the property: Name Address (Please indicate if this cannot be reasonably ascertained) None 6. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address (Please indicate if this cannot be reasonably ascertained) 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 (Please indicate if this cannot be reasonably ascertained) Tax Collector of South Middleton Township 20 Buckthorn Drive Carlisle, PA 17013 South Middleton Municipal Authority Commonwealth of PA -DPW Clerk of Courts Criminal/Civil Division Tax Claim Bureau of Cumberland County Cumberland County Courthouse P.O. Box 8 Boiling Springs, PA 17007 P.O. Box 8016 Harrisburg, PA 17105 One Courthouse Square Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013 Court of Common Pleas of Cumberland County Domestic Relations Division PA Dept. of Sheriff Sales Bureau of Compliance Tenant/Occupant P.O. Box 320 Carlisle, PA 17013 Dept. #281230 Harrisburg, PA 17128-1230 26 Silver Maple Drive Boiling Springs, PA 17007 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. December 4, 2006 Date SWORN TO and subscribed before me this 4th day of December, 2006. is P. Vitti, Esquire rney for Plaintiff Jo NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: Todd H. Eppley Sara N. Eppley 26 Silver Maple Drive 114 Woodlawn Lane Boiling Springs, PA 17007 Carlisle, PA 17013 AND: ALL LIEN HOLDERS TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in Cumberland County Courthouse on June 13, 2007 at 10:00 A.M., the following described real estate of which-Todd H. Eppley and Sara N. Eppley are-- owners-or -reputed owners: Twp of South Middleton, Cty of Cumberland & Cmwlth of PA. HET a dwg k/a 26 Silver Maple Drive, Boiling Springs, PA 17007. Tax ID #40-10-0636-323. The said Writ of Execution has issued on a judgment in the mortgage foreclosure action of Irwin Union Bank and Trust Company vs. Todd H. Eppley, et al at 06-3234 in the amount of $139,266.67. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with. the Office of the Sheriff before the sale date. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be f led with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The Writ of Execution has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened in you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the Mortgage. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right, you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff s Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. You may also have the right to have the Sheriff s Sale set aside if the property is sold for a grossly inadequate price or .if there are defects in the Sheriffs Sale.. To exercise this right, you should file a petition with the Court after the sale and before the Sheriff has deliveredhis Deed to the property. The Sheriff will deliver the Deed if no petition to set aside the sale is filed within ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. ?')b?- #-. L4ui's P. Vitti, Esquire % orney for Plaintiff 916 Fifth Avenue Pittsburgh, PA 15219 (412) 281-1725 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IRWIN UNION BANK AND TRUST COMPANY, Plaintiff, : NO: 06-3234 vs TODD H. EPPLEY and SARA N. EPPLEY, Defendants LEGAL DESCRIPTION ALL that certain parcel of land situate in the Township of South Middleton Township, County of Cumberland and State of Pennsylvania, being known and designated as follows: CONTAINING 16,576.50 square feet and being designated as Lot No. 129 according to the Final Subdivision Plan of Indian Hills - Section II, Recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 77, Page 72. LOT NO. 129 in subject to all associated rights and provisions of a 30 feet wide Storm Drainage Easement. HAVING erected thereon a dwelling known as 26 Silver Maple Drive, Boiling Springs, PA 17007. TAX ID NO. 40-10-0636-323. BEING the same premises which Bradley W. Kostyak and Barbara A. Kostyak, husband and wife, d/b/a Kostyak Home Builders, by Deed dated 02/09/2001 and recorded 02/13/2001 in the Recorder's Office of Cumberland County, Pennsylvania, Deed Book Volume 239, Page 451, granted and conveyed unto Todd H. Eppley and Sara N. Eppley, husband and wife. WRIT OF EXECUTION and/or ATTACHMENT a COMMONWEALTH OF PENNSYLVANIA) NO 06-3234 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due IRWIN UNION BANK AND TRUST COMPANY, Plaintiff (s) From TODD H. EPPLEY AND SARA N. EPPLEY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $139,266.67 L.L. $.50 Interest FROM 12/5/06 - 6/13/07 - $4,349.70 Atty's Comm % Due Prothy $1.00 Atty Paid $176.60 Other Costs Plaintiff Paid Date: DECEMBER 12, 2006 (Seal) Cut?i s R. Lon onota By: Deputy REQUESTING PARTY: Name LOUIS P. VITTI, ESQUIRE Address: 916 FIFTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-281-1725 Supreme Court ID No. 01072 Real Estate Sale # 35 On February 15, 2007 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 26 Silver Maple Dr., Boiling Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 15, 2007 By: Real Est t Se g Z .E d 1 330 9001 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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: April 20, 27 & May 4, 2007 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. SWORN&WAND SUBSCRIBED before me this 4 day of May, 2007 NOTA-rk`,?t_ SEAL LOOS E. J I)ER, Notary Public ,-,? , Gni-o, Oumberlt-O d Coul?,y Ca °,:1? KCAL ESTATE BALL MO. 95 Writ No. 2006-3234 Civil Irwin Union Bank and Trust Company VS. Todd H. Eppley and Sara N. Eppley Atty.: Louis Vitti LEGAL DESCRIPTION ALL that certain parcel of land situate in the Township of South Middleton Township, County of Cumberland and State of Pennsyl- vania, being known and designated as follows: CONTAINING 16,576.50 square feet and being designated as Lot No. 129 according to the Final Subdivi- sion Plan of Indian Hills - Section II, Recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania In Plan Book 77, Page 72. LOT NO. 129 in subject to all associated rights and provisions of a 30 feet wide Storm Drainage Ease- ment. HAVING erected thereon a dwell- ing known as 26 Silver Maple Drive, Boiling Springs, PA 17007. TAX ID NO. 40-10-0636-323. BEING the same premises which Bradley W. Kostyak and Barbara A. Kostyak, husband and wife, d/b/a Kostyak Home Builders, by Deed dated 02/09/2001 and recorded 02/13/2001 in the Recorder's Of- fice of Cumberland County, Penn- sylvania, Deed Book Volume 239, Page 451, granted and conveyed unto Todd H. Eppley and Sara N. Eppley, husband and wife. 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 18th and 25th day(s) of April and the 2nd day(s) of May 2007. 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#35 Sworn to and subscribe% Qj8 r NAL Wt F dPaE?of May 20 7 A.D. Notarial Seal Terry L. Russell, Notary rublic City Of Harrisburg, bnu;nhin County Corn ' sion ExjJii ,,s June 6, 2010 M ber. P nn Ivaric a soci3tion of Notarles uG NO ARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 :,: ? 1 z? ? '?