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HomeMy WebLinkAbout02-3157FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 r MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE SUITE 350 MCLEAN, VA 22102 V. Plaintiff ANTHONY C. HICKS 112 EAST SIMPSON STREET MECHANICSBURG, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 02 - .?/S7 CUMBERLAND COUNTY **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 0104161344 JRK IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE SUITE 350 MCLEAN, VA 22102 2. Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: AURORA LOAN SERVICES 601 5T' STREET SCOTTSBLUFF, NE 69361 3. The name(s) and last known address(es) of the Defendant(s) are: ANTHONY C. HICKS 112 EAST SIMPSON STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 4. On 5/23/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NATIONAL CITY MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1384, Page 280. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 5. The premises subject to said mortgage is described as attached. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 3/1/02 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $61,839.09 Interest 1,662.54 2/1/02 through 6/1/02 (Per Diem $13.74) Attorney's Fees 1,250.00 Cumulative Late Charges 0.00 5/23/97 to 6/1/02 Cost of Suit and Title Search 550-00 Subtotal $65,301.63 Escrow Credit 8.25 Deficit Od10 Subtotal x- 25-) TOTAL $65,293.38 8. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $65,293.38, together with interest from 6/1/02 at the rate of $13.74 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. F?RMAN AND PPH^E By: / FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL THAT CERTAIN piece Or parcel of land situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point On the southern line of East Simpson Street, said point being by some measured in a northeasterly direction a distance of 155.74 feet from the eastern line of South Arch Street; thence continuing along the southern line of East Simpson Street North 74 degrees 00 minutes East a distance of 20.16 feet to a point; thence South 15 degrees 53 minutes Cast along the western line of lands now or formerly of Hollinger and Hollinger, a distance of 103.60 feet to a point on the northern line of King Alley; thence along said northern line of King Alley South 73 degrees 43 minutes West a distance of 19.96 feet to a point; thence North 16 degrees 00 minutes West along the line of adjoins= between Lots Nos. 1 and 2 on the hereinafter mentioned plan of lots and being along the through a party wall and beyond a distance of 103.70 feet to a point on the southern line of East Simpson Street, the place of BEGINNING. BEING KNOWN AS 112 EAST SIMPSON STREET, MECBANICSBURG, PA 17055 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsification to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: 7 ?/ /0 Z? r? l'J FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. vs. ANTHONY C. HICKS ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 02-3157 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Michele M. Bradford, Esquire, moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant(s) by Certified mail and regular mail to the Defendant's last known address and mortgaged premises located at 112 EAST SIMPSON STREET, MECHANICSBURG, PA 17055 and in support thereof avers the following: 1. Attempts to serve Defendant(s) with the Complaint have been unsuccessful, as indicated by the Sheriffs Return of Service attached hereto as Exhibit "A". 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant(s). An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". M/Main Forms/motions/county.comp I Internal records reviewed by Plaintiff and has not been contacted by defendant as of J I N 24_0 20( )2 bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the defendants, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint by certified mail and regular mail. 61, Ldg Michele M. Bradford, Esquire R/Main Forms/motions/county.comp FEDERMAN AND PHELAN ATTORNEY FOR PLAINTIFF BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 al 5) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. COURT OF COMMON PLEAS CIVIL, DIVISION vs. CUMBERLAND COUNTY ANTHONY C. HICKS NO. 02-3157 MFMORANDUM OF i AW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant(s) and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Goo alm P I' , 238 Pa. Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adonti`m LW21ker 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests service of the Complaint by certified mail and regular mail. Respectfully submitted: Michele M. Bradford, Esquire H:/Main Forms/motions/county.comp SHERIFF'S RETURN - NUT r'UUND CASE NO: 2002-03157 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS HICKS ANTHONY C 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, DEFENDANT HICKS ANTHONY C but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE -NOT- FOUND as_ to-_-_ the within named DEFENDANT HICKS ANTHONY C 112 E SIMPSON STREET IS VACANT. HICKS LEFT NO FORWARDING ADDRESS WITH POST OFFICE. Sheriff's Costs: So ans s.: Docketing 18.00 - Service ' 6.90 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 39.90 FEDERMAN & PHELAN 07/09/2002 Sworn and subscribed to before me this day of A. D. Prothonotary 14 EKL DATA, INC AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: File Number: Attorney Firm: Subject: Property Address Last Known Address: Current Address: As of June 26, 2002 Last Known Number: Federman & Phelan Anthony C. Hicks 112 E. Simpson Street Mechanicsburg, PA 17055 112 E. Simpson Street Mechanicsburg, PA 17055 112 E. Simpson Street Mechanicsburg, PA 17055 non-published George H. Lewis, III, being duly swom according to law, deposes and says: 1. I am employed in the capacity of researcher for EKL DATA, INC. 2. On June 26, 2002, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: I• Credit Information A. Social Security Number 1. Anthony C. Hicks: 194-64-3062 B. Employment Search: Could not locate any employment information for the above named subject at this time. C. Inquiry of Creditors: The creditors indicated that Anthony C. Hicks resides at 112 E. Simpson Street, Mechanicsburg, PA 17055. II. Inquiry of Telephone Company A. Directory Assistance Search: The Telephone Company has Anthony C. Hicks listed with an address of 112 E. Simpson Street, Mechanicsburg, PA 17055. The phone number is non-published. III. Inquiry of Neighbors Contacted Mr. Guswiler of 114 E. Simpson Street, Mechanicsburg, PA 17055 and verified that Anthony C. Hicks does Indeed reside at 112 E. Simpson Street. IV. Inquiry of Post Office A. National Address Update: As of June 26, 2002 the National Change of Address has no forwarding record for Anthony C. Hicks listed at 112 E. Simpson Street, Mechanicsburg, PA 17055. V. Inquiry of DMV The Pennsylvania Department of Motor Vehicles has Anthony C. Hicks listed at 112 E. Simpson Street, Mechanicsburg, PA 17055. AFFIDAVIT OF GOOD FAITH INVESTIGATION VI. Other Inquiries A. Death Records: As of June 26, 2002 the Social Security Death Index has no death record on file for Anthony C. Hicks under his social security number. B. Public Licenses None Found C. County Voter Registration: The county does have Anthony C. Hicks listed as a registered voter with an address of 112 E. Simpson Street, Mechanicsburg, PA 17055. D. D.O.B.: Anthony C. Hicks: 06/10/1970 E. Miscellaneous Information None George H Lewis Subscribed and sworn before me on June 26, 2002. otary Public Ellen K. L? Seal I Lower Meriort Twp., MNOtary Purrbyylic MY Commission Exp1s eb 24 2003ty ON18,"re this action, that she is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. Date: in_ ly 94 900')_ Michele M. Bradford, Esquire, hereby states that she is the Attorney for the Plaintiff' in n ffil fllb 4 Michele M. Bradford, Esquire K/Main Forms/motions/county.comp c _. ?j c? c L s J ,'" i l lu v cj CJ FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215)563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs. ANTHONY HICKS Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION . Cumberland County No. 02-3157 _PRAAECIPE TO REINSTATE CIVIL ACTION/MORTIGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. FRANK FEDERMAN, SQUIRE Attorney for Plaintiff Date: JULY 24, 2002 CJ (-; ?-? ?- iv -? 1 'C? l,l? --' ? {17k'r (f _ ? ?, ' v, f ?`+• ?ZI ,- .. 4 ;i7 . ((1 J=' ? ?.? _.T FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D. 469849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215)56-4-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Vs. ANTHONY C. HICKS ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 02-3157 I, Michele M. Bradford, Esquire, herby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. ANTHONY C. HICKS at: 112 EAST SIMPSON STREET MECHANICSBURG, PA 17055 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: July 24, 9009 Michele M. Bradford, Esquire Attorney for Plaintiff R/Main Forms/motions/county.comp VI r LJ . ?S - ? N O FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. vs. ANTHONY C. HICKS ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL, DIVISION CUMBERLAND COUNTY NO. 02-3157 ORDER AND NOW, this _ day of y1j 2002, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Complaint on the above captioned Defendant(s) ANTHONY C. HICKS, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at`,111"?2"?EAST SIMPSON STREET, T? A p_ MECHANICSBURG, PA 17055) a.-?+l 126 w vin A. y3o. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. J. MIMain Fortis/motions/county.comp v w a t- i 1\fr`?1 r? r p?nn ?'J FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (25) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff Attorney for Plaintiff COURT OF COMMON PLEAS : CIVIL DIVISION vs. ANTHONY C. HICKS CUMBERLAND COUNTY Defendant(s) NO. 02-3157 AFFIDAVIT OF SERVICE OF COMPLAINT RV MAIL, PURSUANT 10 COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, to ANTHONY C. HICKS at 112 EAST SIMPSON STREET, MECHANICSBURG, PA 17055, on AIJGIL91 L1 2002, in accordance with the Order of Court dated JULY 30, 2002. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: Augus 1 J,2= FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-03157 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS HICKS ANTHONY C 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, DEFENDANT HICKS ANTHONY C but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND as to the within named DEFENDANT HICKS ANTHONY C 112 E SIMPSON STREET IS VACANT. HICKS LEFT NO FORWARDING ADDRESS WITH POST OFFICE. Sheriff's Costs: So antes Docketing 18.00 Service 6,90 _. Not Found 5.00 R" 1 Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 39.90 FEDERMAN & PHELAN 07/09/2002 Sworn and subscribed to before me this a," day of / aw,? A.D. , /1 Proy v ? r Z C_ _ ,? l_a (Sf -?G FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE Attorney I.D. No. 12248 Suite 900 - Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. ANTHONY C. HICKS Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 02-3157 AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the attached Court Order dated JULY 30, 2002 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)in in THE SENTINEL on AUGUST 16, 2002 and CUMBERLAND LAW JOURNAL on AUGUST 23, 2002. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: September 11, 2002 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Lori Saylor, Classified Advertising Manager of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication NOTICE OF ACTION IN MORTGAGE FORECLOSURE N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3157 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., PLAINTIFF Vs. ANTHONY C. HICKS, DEFENDANT N T E August 16, 2002 deposes that he is not interested in atter of the aforesaid notice or r0: ANTHONY C. HICKS: You are hereby notified that on JULY ?,2002, Plaintiff, MORTGAGE ELECTRONIC t, and that all allegations in the REGISTRATION SYSTEMS, INC., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County Pennsylvania, docketed to No. 02-3157. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 112 EAST SIMPSON STREET, MECHANICSBURG, PA 17055, whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or Judgment will be entered against you. NOTICE You have been sued in Court. If you wish to defend, you must enter a written appearance personally or by attorney, and file your defenses or objections in writing with the court. You are warned that if you fail to do so, the case may proceed without relief by he Plaintiff. You t may against you ithout I urther notice for the money, the property or other rights requested Judgment important to you. You should take this notice or to your telephone the offi e set forth below to find out where you cannot afford one, g go can get help. CUMBERLAND COUNTY CUMBERLA 2DL CIBERTY OUNTY AVENUE ASSOCIATION CARLISLE, PA 17013 (717)249-3166 FRANK FEDERMAN Attorney for Plaintiff FEDERMAN & PHELAN, L.L.P. One Penn Center, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 ement as to time, place and character are true. August 211, 2002 subscribed before me this 21 st ?August 2002. Notary Public my commission expires: ty0?5 ? ?-'c?i?' E N1N. N?taty SH?AtiEY O pt}R u ri Qemc•, Culnbeand Cl;)'s 1 Cam' .. •?-- - _.__ Gmission Expires Auq 9 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Lori Saylor, Classified Advertising Manager of THE SENTINEL, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following dates, viz Copy of Notice of Publication NOTICE OF Ones ror Date i l u IN Twn Prop. for Sale 775 OF CUMBI 776 ae 780 anted 790 MORTGAGE ELECTROMON ANIlrtation 805 rlty Autos 810 >ries 825 TO: ANTHONY C. HICKS: 830 You are hereby notified that filers 840 REGISTRATION SYSTE!itt'TV,s endorsed with a Notice to 850 CUMBERLAND County P? $55 seeks to foreclose on the n 860 SIMPSON STREET, MEC 870 would be sold by the Sheri 880 You are hereby notified to p days from the date of this You have been sued in Cou appearance personally or with the court. You are we you and Judgment may b requested by the Plaintiff. important to you. You should take this notice cannot afford one, go to 0 can get help. ?e your ad on temet at FRANK FEDERMAN ber]1)E koo n Attorney for Plaintiff FEDERMAN 8 PHELAN, L&M One Penn Center, Suite 14 Philadelphia, PA 19103 (215) 563.7000 August 16, 2002 Affiant further deposes that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. August 21, 2002 Sworn to and subscribed before me this 21 st day of August , 2002. Notary Public My commission expires: NOTARIAL' NO SH}&EY 0. DURNIN, Nct Lc1Y Cede Bero•, Cufib?rlaI oD9 0`,s Cpmmtssion Explres. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Roger M. Morgenthal, 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 AUGUST 23, 2002 Affiant fn-ther 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 Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 23 day of AUGUST 2002 LOIS E SNYDER, Notmy RM wbb am, QK"iw C=* 5 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law No. 02-3157 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., PLAINTIFF vs. ANTHONY C. HICKS, DEFENDANT NOTICE TO ANTHONY C. HICKS: You are hereby notified that on JULY 2, 2002. Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYS- TEMS, INC., filed a Mortgage Fore- closure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBER- LAND County, Pennsylvania, docket- ed to No. 02-3157. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 112 EAST SIMPSON STREET, MECHANICSBURG, PA 17055, whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE You have been sued in Court. If you wish to defend, you must enter a written appearance personally or by attorney, and file your defenses or objections in writing with the court. You are warned that if you fail to do so, the case may proceed without you and Judgment may be entered against you without further notice for the relief requested by the Plaintiff. You may lose money, the property or other rights important to you. 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 office set forth below to find out where you can get help. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE FEDERMAN & PHELAN, L.L.P. Attorneys for Plaintiff One Penn Center Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Aug. 23 FEDERMAN AND P BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 ?? ? s) SF?_7nnn MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. vs. ANTHONY C. HICKS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 02-3157 ORDER AND NOW, this day of yit---, 2002, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Complaint on the above captioned Defendant(s) ANTHONY C. HICKS, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 112 EAST SIMPSON STREET, n p - MECHANICSBURG, PA 17055 r? ?... ? x &130 Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. J. KIMain Fo,ms/motions/county.comp TRUE COPY FROM RECORD in Testim, ony wherw , t here unto so my hand and the ;: of sa'd ?;. at Caamr' T' ; day e, Pa. aoo.z- Prothonotari r C) r -. c r,n r, -v - FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION V. Plaintiff, NO. 02-3157 ANTHONY C. HICKS Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against ANTHONY C. HICKS, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 6/2/02 to 9/24/02 TOTAL $65,293.38 $ 1,580.10 $66,873.48 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. RANK FED RMAN, ESQUIRE Attorney for Plaintiff DAMAGES /ARE/HEREBY ASSESSED AS INDICA D. DATE: PRO PROTHY 01- ? o v u m J yo rn 0 tD FEDERMAi BY: Michele M. Bradford, Esq. Atty. I.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. COURT OF COMMON PLEAS CIVIL DIVISION VS. ANTHONY C. HICKS CUMBERLAND COUNTY NO. 02-3157 ORDER AND NOW, this day of V fAl2002, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Complaint on the above captioned Defendant(s) ANTHONY C. HICKS, by mailing a true and correct copy of the Complaint by certified mail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 112 EAST SIMPSON STREET, MECHANICSBURG, PA 17055 r? rM ?'"'^^ ?^ ?'`?"?" `? " y 30 Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. J. HIMain Fomu/m dons/county.comp TRUE COPY FROM RECMI) In Taulrtony wherw,, I here unro Stt and the saal of salt r, rt at Carisie ?hano T`i 3 day ?2aoz Prothonwarr FEDERYLAN AND PHELAN BY: FR-kNK FEDERVIAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (715) 56,-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs. ANTHONY C. HICKS Defendant(s) TO: ANTHONY C. HICKS 112 EAST SIMPSON STREET MECHANICSBURG, PA 17055 DATE OF NOTICE: SEPTEMBER 13. 2002 Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-3157 I.. __ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed 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 a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Attorney for Plaintiff t?y V C rcD? L' - z C:: L3 iD ? FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 Plaintiff, V. ANTHONY C. HICKS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-3157 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ANTHONY C. HICKS is over 18 years of age and resides at, 112 EAST SIMPSON STREET, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FE ERMAN, ESQUIRE Attorney for Plaintiff L O Q "D?? '1l "1 N i*1 -^ -± ?i'i? ? ? 1 Z-! p - ? „m =3?? ? .F ;? D ? Z ? .. '.-? ? ?T D ?- :'' p a0 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.RC.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. No. 02-3157 ANTHONY C. HICKS Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $66,873.48 Interest from 9/25/02 to 3/5/03 $ 1.780.38 and Costs (per diem -$10.99) TOTAL $68,653.86 RANK FE RMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description ofproperty.No. k, O d W a 0 O U O a O U x F rZ-i z? d z W al z O U U U W O H C7 U O F U W CW,7 C?7 E* O 7 U x F-? x z d O F D WU W PLO yO W p4 w a U d L .y h d L W d m w Rn tn 0 a x oa U x U W F W rA z O W N 45 d Q a a DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: - I * BEGINNING at a point on the Southern line of East Simpson Street, said point being by same measured in a Northeasterly direction a distance of 155.74 feet from the Eastern line of South Arch Street; thence continuing along the Southern line of East Simpson Street North 74 degrees 00 minutes East a distance of 20.16 feet to a point; thence South 15 degrees 53 minutes East along the Western line of lands now or formerly of Hollinger and Hollinger, a distance of 103.60 feet to a point on the Northern line of King Alley; thence along said Northern line of King Alley South 73 degrees 43 minutes West a distance of 19.96 feet to a point; thence North 16 degrees 00 minutes West along the line of adjoiner between Lots Nos. 1 and 2 on the hereinafter mentioned plan of lots and being along and through a party wall and beyond a distance of 103.70 feet to a point on the Southern line of East Simpson Street, the place of BEGINNING. BEING Lot No. 1 on the Final Subdivision Plan for Dean B. Farence recorded in the Cumberland County Recorder of Deeds Office in Plan Book 45, Page 135. HAVING thereon erected one-half of a two story brick building known and numbered as 112 East Simpson Street. TAX PARCEL NUMBER: 23-0565-211 TITLE TO SAID PREMISES IS VESTED IN Anthony C. Hicks, married by Deed from Dean B. Farence and Rebecca M.G. Farence, his wife dated 5/23/1997 and recorded 5/28/1997 in Record Book 158 Page 363. PROPERTY BEING KNOWN AS: 112 EAST SIMPSON STREET, MECHANICSBURG. PA 17055 ? C 0 ?c 0 c ? o tv 0 •? rTL, ?, i C .. A FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. V. Plaintiff, ANTHONY C. HICKS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-3157 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant Q Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. RANK FE AN, ESQU IRP Attorney for Plaintiff U m rJ C a MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. ANTHONY C. HICKS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-3157 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,112 EAST SIMPSON STREET, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name ANTHONY C. HICKS Last Known Address (if address cannot be reasonably ascertained, please indicate) 112 EAST SIMPSON STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 112 EAST SIMPSON STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. September 17. 2002 DATE RANK FE> RMAN, ESQUIRE Attorney for laintiff c ° rt) , L N - r?fll 47 F e ? L --1 k y]?s} 4D -G MORTGAGE ELECTRONIC REGISTRATION CUMBERLAND COUNTY SYSTEMS, INC. Plaintiff, No. 02-3157 V. ANTHONY C. HICKS Defendant(s). September 17, 2002 TO: ANTHONY C. HICKS 112 EAST SIMPSON STREET MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.' Your house (real estate) at, 112 EAST SIMPSON STREET, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on 3/5/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $66,873.48 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIY110N ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southern line of East Simpson Street, said point being by same measured in a Northeasterly direction a distance of 155.74 feet from the Eastern line of South Arch Street; thence continuing along the Southern line of East Simpson Street North 74 degrees 00 minutes East a distance of 20.16 feet to a point; thence South 15 degrees 53 minutes East along the Western line of lands now or formerly of Hollinger and Hollinger, a distance of 103.60 feet to a point on the Northern line of King Alley; thence along said Northern line of King Alley South 73 degrees 43 minutes West a distance of 19.96 feet to a point; thence North 16 degrees 00 minutes West along the line of adjoiner between Lots Nos. 1 and 2 on the hereinafter mentioned plan of lots and being along and through a party wall and beyond a distance of 103.70 feet to a point on the Southern line of East Simpson Street, the place of BEGINNING. BEING Lot No. 1 on the Final Subdivision Plan for Dean B. Farence recorded in the Cumberland County Recorder of Deeds Office in Plan Book 45, Page 135. HAVING thereon erected one-half of a two story brick building known and numbered as 112 East Simpson Street. TAX PARCEL NUMBER: 23-0565-211 TITLE TO SAID PREMISES IS VESTED IN Anthony C. Hicks, married by Deed from Dean B. Farence and Rebecca M.G. Farence, his wife dated 5/23/1997 and recorded 5/28/1997 in Record Book 158 Page 363. a i PROPERTY BEING KNOWN AS: 112 EAST SIMPSON STREET, MECHANICSBURG, PA 17055 73 ? 77 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-3157 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTSRATION SYSTEMS, INC., Plaintiff (s) From ANTHONY C. HICKS, 112 EAST SIMPSON STREET, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is 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 $66,873.48 L.L. $.50 Interest FROM 9/25/02 TO 3/5/03 (PER DIEM - $10.99) - $1,780.38 AND COSTS Arty's Comm % Due Prothy $1.00 Arty Paid $116.90 Other Costs Plaintiff Paid Date: SEPTEMBER 24, 2002 CURTIS R. LONG Prothonotary (Seal) By` ?jl p / //rail Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 COURT OF COMMON PLEAS PHILADELPHIA, PA 19103 CIVIL DIVISION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. NO.02-3157 V. ANTHONY C. HICKS CUMBERLAND COUNTY AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P R ( P , 404(2)/403 FRANK FEDERMAN, ESQUIRE, Attorney for Plaintiff,, hereby certifies that service of the Notice of Sheriff s Sale was made by sending a true and correct copy by certified mail to Defendant, ANTHONY C. HICKS at 112 EAST SIMPSON STREET, MECHANICSBURG, PA 17055 which notice of Sheriffs Sale was received by Defendant, ANTHONY C. HICKS on 10/11/02 as evidenced by the attached return receipt. The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. s 4904 relating to unworn falsification to authorities. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF November 9, 2002 1 .,uyC of Dal" ? Age;g .. ? Addressee ? Yes F-1 No d ? r-, ?d -?. Tll'T". .?:.? _ t.I,? ?, y. __:. _ .,.? E_ _ _ t ? ?_.,_... `.. rC --a !:`:, <'? _-? ?` .__ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CIVIL ACTION vs. ANTHONY C. HICKS CIVIL DIVISION NO. 02-3157 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. hereby verify that on 9/24 02 & 12/6/02 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 9/24102 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: February 3, 2003 NK FEC :RMAN, E Attorney for Plaintiff a? ?A -0 CD o 0 0 z cn ? w N p D Oo O? cn A w N ?- y 3 c. coo -I'Di y t -' Z Z N c'? ti7 N n z o CD CL x?o ' x z > 0o h1i H z ?`? 0-4 '? H! n o a y ob v,n ?n n y nz? 0 ?Z w R. ?k vi H v? H ? a rn o y 0 ? 0. b o . O? ? H co co ti LV u y b A l9 !D (D C f]Q 1 b 1 w b o H N02 P UQ b ti ?? I?osT ? ?P ;Y X33 ?? W i }' d, S y gpWES • ? ?a ? _ PITNC $ 01,80 JEP 24 L- _. • Qvv43,?r73'r i t I) FROM ZIP CODE 1 1 j j CD r,A.4,ILE O am O ? efl ? O a ?b o ^Mtv r ,,? tr7 roz? xm? a?b x •- r wa N 0a 00 A ? A O O ro . j n ?. ?..,, Cn A W N p ?O 0o J O? cn A W N .- . y d N lY ~ tL * t ? o ? ? f]'-'C roCA p 0 ° •• _z3 yd ? ? ? C Se p ? a 070 toz c o p C Oro ? oe A c O f0 ?b ? b CL Q' c Q. w ? o to ro ? `? ? O h o 0 a a. ?n y ? n y 00 Ses PC .Q '' O ( Y ?TT `5 - ?Giw i ? Jf,s iQ V S PITNEY BOWES $ 1 800 2 1 . .A 0 DEC = 0004300377 E06 2002 ?? MAILED FROM ZIPGODE 19103 6 d Zfl4 ?,am A a f?D 7 'A y K 11 ov O ?z f? az ~a W N 0a 00 A H tri m d 1?1 ?x ro 7160 3901 9844 0120 5787 TO: ANTHONY C. HICKS i 112 EAST SIMPSON STREET = c 1 1 MECHANICSBURG, PA 17055 - SENDER: k# KMD-SALES ° TEAM ? REFERENCE: PS Form 3800, June 2000 RETURN Postage .34 Y RECEIPT Certified Fee SERVICE 2.10 4 Return Receipt Fee 1.50 Restricted Delivery 0.00 Total Postage & Fees 3.94 , US Postal Service POST ? ? i = Receipt for w2 SEP 24 Certified Mail = 200 ' ( i No Insurance Coverage Provided \v Do N t U f I b ` ' o se or ntematlonal Mail 13 ----- -------------------- Ul COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and Stateldo hereby certify that the Sheriff's Deed in which Aurora Loan Services Inc is the grantee the same having been sold to said grantee on the 5th day of March A.D., 2003, under and by virtue of a writ Exec tion issued on the 24th day of Se tember, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 3157, at the suit of Mortgage Electronic registration Systems Inc againdt Anthony C Hicks is duly recorded in Sheriff's Deed Book No. 256, Page 2131. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 7 day of A.D. 2003 ORecorder of Deeds 0°'c ? A Mortgage Electronic Registration Systems, Inc. VS Anthony C. Hicks In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-3157 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn accordi g to law, states that on January 6, 2003 at 3:33 o'clock P.M., he posted a true copy of th within Real Estate Writ, Notice, Poster and Description, in the above entitled action, 'upon the property of Anthony C. Hicks located at 112 East Simpson Street, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to la*, states he served the above Real Estate Writ, Notice, Poster and Description in the ollowing manner: The Sheriff mailed a notice of the pendency of the action to ono of the within named defendants, to wit: Anthony C. Hicks by regular mail to his last own address of 112 East Simpson Street, Mechanicsburg, PA 17055. This letter was maled under the date of January 13, 2003 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 March 5, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Aurora Loan. Services, Inci. It being the highest bid and best price received for the same, Aurora Loan.Services, I c. of 601 5th Ave., Scottsbluff, NE 69361, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $861.60. Sheriff s Costs: Docketing $30.00 Poundage 16.89 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 13.80 Certified Mail 1.61 Levy 15.00 Surcharge 20.00 Law Journal 321.20 Patriot News 281.89 Share of Bills 25.21 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 861.60 Sworn and subscribed to before me This day of 2003, A.D. 4roihoanotary s s: R. Thomas Kline, Sheriff BY Ja EMA Real Estate eputY ? s011- 3° ?V t' Vie.. y o qd-O MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISIO14 ANTHONY C. HICKS NO. 02-3157 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. Plain iff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the P ecipe for the Writ of Execution was filed the following information concerning the real property to ated at ,112 EAST SIMPSON STREET, MECHANICSBURG, PA 17055 1. Name and address of Owner(s) or reputed Owner(s): Name ANTHONY C. HICKS Last Known Address (if addres cannot be reasonably ascertained, please indicate) 112 EAST SIMPSON STET MECHANICSBURG, PA 7055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment i? a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, pleas indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if ad(iress cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the pr perty: Name Last Known Address (if ad ess cannot be reasonably ascertained, ple se indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if reasonably ascertained, I None 7. Name and address of every other person of whom the plaintiff has know the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if reasonably ascertained,) 112 EAST SIMPSON STI MECHANICSBURG, PA 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 ss cannot be indicate) who has any interest in >s cannot be indicate) T I verify that the statements made in this affidavit are true and correct tot 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- September 17, 2002 DATE Attorney for .1 t: .. ,? ?y.'? d3?j ?;? - . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. ANTHONY C. HICKS Defendant(s). CUMBERLAND COUNTY No. 02-3157 September 17, 20b2 TO: ANTHONY C. HICKS 112 EAST SIMPSON STREET MECHANICSBURG, PA 17055 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AMD ANY INFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOUHAYEPREYIOUSLYRECEI EDA DISCHARGE IN BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD OT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY" Your house (real estate) at, 112 EAST SIMPSON STREET, MEC 17055, is scheduled to be sold at the Sheriffs Sale on 3/5/03 at 10:00 a.m. in Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court j obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEM, against you. In the event the sale is continued, an announcement will be mac with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: ANICSBURG, PA ie Cumberland County figment of $66,873.48 INC. (the mortgagee) at said sale in compliance 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. j 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 al4o ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal 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 attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOV HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will. be sold to th highest bidder. You may find out the price bid by calling (215 563-7000. II? 2. You may be able to petition the Court to set aside the sale if the bic price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount d #e is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring le al proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wro g) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting yo4r home back, if you act immediately after the sale. i 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 TIE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFER CUMBERLAND COUNTY BAR ASSOCIATI( 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESC RIY'110N ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southern line of East Simpson Street, said point being by same measured in a Northeasterly direction a distance of 155.74 feet from the Eastern line of South Arch Street; thence continuing along the Southern line of East Simpson Street North 74 degrees 00 minutes East a distance of 20.16 feet to a point; thence South 15 degrees 53 minutes East along the West m line of lands now or formerly of Hollinger and Hollinger, a distance of 103.60 feet to a point on he Northern line of King Alley; thence along said Northern line of King Alley South 73 degrees 43 minutes West a distance of 19.96 feet to a point; thence North 16 degrees 00 minutes West along the line of adjoiner between Lots Nos. 1 and 2 on the hereinafter mentioned plan of lots and being along and ?hrough a party wall and beyond a distance of 103.70 feet to a point on the Southern line of East Simp on Street, the place of BEGINNING. BEING Lot No. 1 on the Final Subdivision Plan for Dean B. Farence recorde in the Cumberland County Recorder of Deeds Office in Plan Book 45, Page 135. HAVING thereon erected one-half of a two story brick building known and numbered as 112 East Simpson Street. TAX PARCEL NUMBER: 23-0565-211 TITLE TO SAID PREMISES IS VESTED IN Anthony C. Hicks, married by Deed from Dean B Farence and Rebecca M.G. Farence, his wife dated 5/23/1997 and recorded 5/28(1997 in Record Book 158 Page 363. PROPERTY BEING KNOWN AS:-112 EAST SIMPSON STREET, MECHANICSBURG, PA 17055 `. ,-a t, -?? ?? ? ry ' ? ?? 1:?''.> . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-3157 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGIStSRATION SYSTEMS, INC., Plaintiff (s) From ANTHONY C. HICKS, 112 EAST SIMPSON STREET, MECHANICSB G, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE L GAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in he possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(!;) 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 hir vber that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $66,873.48 L.L. $.50 Interest FROM 9/25/02 TO 3/5/03 (PER DIEM - $10.99) - $1,780.38 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $116.90 Other Costs Plaintiff Paid Date: SEPTEMBER 24, 2002 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Real Estate Sale # II On October 29, 2002 the sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA known and numbered as 112 East Simpson Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 29, 2002 By: ?-J Real Late Deputy ? 83S A> r. .i jAiIH r i THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. JOSEPH The Patriot News Co., a corporation organizedthe Commonwealth Of Controller of the City of Harrisburg, , in Pennsylvania, and e12 tog818dMarket l S'treet of with its principal office and place of business at 8 of Dauphin, State of Pennsylvania, owner and public 81her2 of to 81The8 Patriot- Market News Street, and nd in the The S City, County County riot- and ew e County printed and published a newspapers of general circulation, p patriot-News were established March 4th, 1854, and September aforesaid; that The Patriot-News and The Sunday 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 on the 28th day(s) of January and the 4th and is interested in the subject matter of said printed 11th day(s) of February 2003. That neither he nor said Company or advertising, and that all of the allegations of this statement as to the time, place and character of rif this to vey notice publication are true; and empowered unanimously passed and That he has personal knowledge of the facts aforesaid and pursuan ttoha orresoluized subsequently duly recorded in statement on behalf of The Patriot-News Co. aforesaid by virtue adopted severally by the stockholders and board of directors of the said in Miscellaneous and cellaneous Book "M", the office for the Recording of Deeds in and for said County of Dauphin volume 14, Page 317. y .............................. PUBLICATION re i;; 14th of FrY 2003 A. COPY Notarial Seal S A L E #11 Terry L. Russell, Notary Public ?( REAL ESTATE SALE No. 11 City Of Harrisburg, Dauphin County 4A4R YPUBLIC Writ No. 2002-3157 My Commission Expires June 6, 2006 Civil Term My commission expires June 6, 2006 Mortgage Electronic Member, Pennsylvania Association Of Notaries Registration Systems, Inc. vs CUMBERLAND COUNTY SHERIFFS OFFICE Anthony C. Hicks ptty: Frank Federman CUMBERLAND COUNTY COURTHOUS DESCRIPTION CARLISLE, PA. 17013 ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, Advertising Costs Cumberland County, Pennsylvania, more bounded and desctibed as follows, to wit Statement of BEGINNING at a point on the Southern line of To THE PATRIOT-NEWS CO., Dr. East Simpson Street, said point being by same measured in a Northeasterly direction a For publishing the notice or publication attached $ 280 14 distancel55.74 feet from the Eastern line of hereto on the above stated dates 1 75 South Arch Street; thence continuing along the Notary Fee(s) $ Southern line of East Simpson Street North 74 Probating same $ 281 .89 degrees 00 minutes East a distance of 20.16 feet Total to a point; thence South 15 degrees 53 minutes East along the Western line of lands now or formerly of Hollinger and Hollinger, a distance of 103.60 feet to a point on the Northern line of Publisher's Receipt for Advertising Cost T_er Sunday Patriot-News, newspapers of general King Alley; thence along said Northern Line of --- The Patriot News Co., publisher of The Patriot-News and circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. King Alley South 73 degrees 43 minutes East West a distance of 19.96 feet to a point; thence North 16 degrees 00 minutes West along the line By ...................... • •.................. •............. •........ of adjoiner between Lots Nos. I and 2 on the hereinafter mentioned Plan of Lots and being along and through a party wall and beyond a TAX PARCEL NUMBER: 23-0565-2.11. distance of 103.70 feet to a point on the Southern TITLE TO SAID PREMISES IS VESTED IN line of East Simpson Street, the place of Anthony C. Hicks, married, by Deed from Dean BEGINNING. B. Farence and Rebecca M.G. Farence, his wife, BEING Lot No. I on the Final Subdivision Plan dated 5/2311997 an recorded 5/28/1997 in Record for Dean B. Farence recorded in the Cumberland Book 158 Page 363. County Recorder of Deeds Office in Plan Book PROPERTY BEING KNOWN AS: 112 East 45, H Page 135. Simpson Street, Mechanicsburg PA_I7055. HAVING thereon erected one-half of a two-story brick building known and numbered as 112 East Simpson street. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE 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: JANUARY 31, FEBRUARY 7, 14, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Marie WORN TO AND SUBSCRIBED before me this 14 day of FEBRUARY. 2003 R NOTARVI SC L V i LAV Ml CA,.::"1°d' Jl 44as Nia c h J. 2005 Law Journal, a legal periodical of general circulation, and that he is riot 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. REAL ESTATE SALE NO. 11 Writ No. 2002-3157 Civil Mortgage Electronic Registration Systems, Inc. VS. Anthony C. Hicks Atty.: Frank Federman DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particu- larly bounded and described as fol- lows, to wit: BEGINNING at a point on the Southern line of East Simpson Street, said point being by same measured in a Northeasterly direc- tion a distance of 155.74 feet from the Eastern line of South Arch Street; thence continuing along the South- ern line of East Simpson Street North 74 degrees 00 minutes East a dis- tance of 20.16 feet to a point; thence South 15 degrees 53 minutes East along the Western line of lands now or formerly of Hollinger and Hollin- ger, a distance of 103.60 feet to a point on the Northern line of King Alley; thence along said Northern line of King Alley South 73 degrees 43 minutes West a distance of 19.96 feet to a point; thence North 16 de- grees 00 minutes West along the line of adjoiner between Lots Nos. 1 and 2 on the hereinafter mentioned plan of lots and being along and through a party wall and beyond a distance of 103.70 feet to a point on the South- ern line of East Simpson Street, the place of BEGINNING. BEING Lot No. 1 on the Final Sub- division Plan for Dean B. Farence recorded in the Cumberland County Recorder of Deeds Office in Plan Book 45, Page 135. HAVING thereon erected one-half of a two story brick building known and numbered as 112 East Simpson Street. TAX PARCEL NUMBER: 23-0565- 211. TITLE TO SAID PREMISES IS VESTED IN Anthony C. Hicks, mar- ried by Deed from Dean B. Farence and Rebecca M. G. Farence, his wife dated 5/23/1997 and recorded 5/ 28/1997 in Record Book 158 Page 363. PROPERTY BEING KNOWN AS: 112 EAST SIMPSON STREET, MECHANICSBURG, PA 17055.