Loading...
HomeMy WebLinkAbout02-3722FEDERMAN 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 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 TERM Plaintiff V. DIANE L. BROOKS 209 1 ST STREET SUMMERDALE, PA 17093 Defendant(s) NO. d o2 -,312,.), 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 #0104155585 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. 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 5mn AVENUE SCOTTSBLUFF, NE 69361 3. The name(s) and last known address(es) of the Defendant(s) are: DIANE L. BROOKS 209 1 ST STREET SUMMERDALE, PA 17093 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 4. On 8/9/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NATIONAL CITY MORTGAGE CO. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1631, Page 931. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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. 6. The following amounts are due on the mortgage: Principal Balance $63,141.15 Interest 2,218.19 2/1/02 through 7/1/02 (Per Diem $14.69) Attorney's Fees 1,250.00 Cumulative Late Charges 0.00 8/9/00 to 7/1/02 Cost of Suit and Title Search 550 00 Subtotal $67,159.34 Escrow Credit 0.00 Deficit 791 23 Subtotal $ ?91 23. TOTAL $67,440.57 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 $67,440.57 , together with interest from 7/1/02 at the rate of $14.69 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 PHE L P By: FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff A",rH&T CERTAIN piece or parcel of land situate in mast pennaboro Township. Cwabodand County, Ysnasylvanis, bounded and described as follows, to wit: SEGINH G at a point in the western line of Fsrs t Street, said point being one hundred sixty-taro and one-half (162 `k) feet mooand re For less, South of irst Sttreets, at the opposite southwest corner Of the intersection of Wayne formerly of Kenneth the center of the partition wall dividing the property now or the lot L. Pottcigcr and Mildred S. Potteiger, his wife, an the Dwelling of the p on ari3tion t wall hereby conveyed; thence westwardly throup?s the center 2381 feet, more dividing said properties and beyond two hundred thirty-eight or less, to the eastern line of Water Street; thence southeastwardty along the eastern line of Water Street forty wad ninety-one one hundredths (40.91) feet to the northern line of Lot No. 3, Section T,' on the hereinafter mentioned Plan of Lots; thence eastwardly along the northern line of Lot No. 3, Section "B", two hundred thirteen (213) feet to the western line of First Street; thence done-half (32 northwardlY along the western line of First Street thirty-two 'h) feet, more or less, to a point, the place of BEGINNING. BEING KNOWN AS: 209 1st STREET, SUMMERDALE, PA 17093 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: (F/ 0 2 O 0 r-. C„ CC. c a r? G c? t h? ..Q W (J ..m T `- C7 ?rn SHERIFF'S RETURN - REGULAR CASE NO: 2002-03722 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS BROOKS DIANE L SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DIANE L DEFENDANT the , at 1900:00 HOURS, on the 19th day of August , 2002 at 209 1ST STREET SUMMERDALE, PA 17093 by handing to DIANE BROOKS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this day of „Z0V22 A.D. 44 o honotary So Answers: R. Thomas Kline 08/20/2002 FEDERMAN & PHELAN By: ep Sheriff 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 V. Plaintiff, DIANE L. BROOKS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-3722 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DIANE L. BROOKS, 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 7/2/02 to 2/25/03 TOTAL $ 67,440.57 $ 3,510.91 $ 70,951.48 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. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: S cZ6a3 d, -I, -? - ? PRO PROTHY BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs. DIANE L. BROOKS Defendant (s) TO: DIANE L. BROOKS 209 1ST STREET SUMMERDALE, PA 17093 DATE OF NOTICE: FEBRUARY 12, 2003 Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 02-3722 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 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 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 J Frank Federman, Esquire Attorney for Plaintiff 'a9. ;? ? ?o #? ? o ? ? ???? ?,? ?? n ?• = =? _ L.% f..:_ -" .. i .^r _ 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. 8201 GREENSBORO DRIVE, SUITE 350 Plaintiff, V. DIANE L. BROOKS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-3722 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 DIANE L. BROOKS is over 18 years of age and resides at, 209 FIRST STREET, SUMMERDALE, PA 17093. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. PMk? FEDE , ESQUIRE Attorney for Plaintiff ?- _. .=-' -_. t. -. ?? ? .. ;.?? -? W? PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. No. 02-3722 DIANE L. BROOKS Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 2/26/03 to 6/11/03 (per diem -$11.66) TOTAL $ 70,951.48 $ 1,235.96 and Costs $ 72,187.44 FRANK FEDERMAN, 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 of property.No. M O r a w o~ z o W 0-4 U a? ?? U^ z? OW ?W O w o W co O O p, F 0 1-4 *4 Ei 14 W O W YV 00 -< p c ¢, A H? A ?? ? N N z W Ud O? a :7 V Z O a ?( b 14-2 ?lj ?- o N r ALL that certain piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the western line of Front Street, said point being one hundred sixty-two and one-half (162 %) feet, more or less, south of the southwest corner of the intersection of Wayne and First Streets, at or opposite the center of the partition wall dividing the property now or formerly of Kenneth L. Potteiger and Mildred E. Potteiger, his wife, and the dwelling on the lot hereby conveyed; thence westwardly through the center of the partition wall dividing said properties and beyond two hundred thirty-eight (238) feet, more or less, to the eastern tine of Water Street; thence southeastwardly along the eastern line of Water Street forty and ninety-one one hundredths (40.91) feet to the northern line of Lot No. 3, Section "B", on the hereinafter mentioned Plan of Lots; thence eastwardly along the northern line of Lot No. 3, Section "B", two hundred thirteen (213) feet to the western line of First Street; thence northwardly along the western line of First Street thirty-two and one-half (32 %) feet, more or less, to a point, the place of BEGINNING. BEING the southern part of Lot No. 4, Section "B", in the Plan of Summerdale, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 1, Page 44. HAVING thereon erected the southern one-half of a two and one-half story frame dwelling known and numbered as 209 First Street, Summerdale, Pennsylvania. TAX PARCEL: 09-12-2995-058 BEING the same premises that David A. Eynon and Tamie M. Eynon, his wife, by it's deed dated 8/9/2000 and recorded in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania on 8/10/2000 in Deed Book Volume 226, Page 1138, granted and conveyed unto Diane L. Brooks, Grantor herein. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-3722 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From DIANE L. BROOKS, 209 FIRST STREET, SUMMERDALE, PA 17093 (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 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 $70,951.48 L.L. $.50 Interest FROM 2/26/03 TO 6/11/03 (PER DIEM - $11.66) - $1,235.96 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $116.04 Other Costs Plaintiff Paid Date: FEBRUARY 25, 2003 CURTIS R. LONG Prothonotary (Seal) 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, 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. Plaintiff, V. DIANE L. BROOKS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-3722 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 ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. V, dLk 444? RANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. DIANE L. BROOKS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-3722 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 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, 209 FIRST STREET, SUMMERDALE, PA 17093. 1. Name and address of Owner(s) or reputed Owner(s): Name DIANE L. BROOKS Last Known Address (if address cannot be reasonably ascertained, please indicate) 209 FIRST STREET SUMMERDALE, PA 17093 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 209 FIRST STREET SUMMERDALE, PA 17093 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 unworn falsification to authorities. February 21, 2003 VA/)fa, qFA1ALJ(J,% DATE ALkNK FED , ESQUIRE Attorney for Plaintiff ??,, C°_ _..: ._., ?; = ; :'. - , - _ ?? -. . x, c?? USCTRONIC REGIST?'TION E MORTGAGE SYSTEMS'1NC- plaintiff, . cuMBERL? COUNTY No. 02-3722 v. DIANE L• BROOKS Defendant(s)- February 21, 2003 DIANE L. BROOKS TO. 209 FIRST STREET E p,& 17093 SUMMERDAL ' O COLLECT A DEBT AND ANY INFORMATION M IS A T COLLECTOR ATTEMPT U HAVE PREyIOUSS R ULDINOT BE CONSTRUED TO BE **THIS FIR DEB AT PURPOSE' IF YOU AFF 77IIS IS NOT AND H IS DEBT WAS NOT RE ENFORCEMENT OF A LIEN AGAINST PROPERTY. BANKRUPTCY WILL ND QED FOR THBUT ONLY 3 is scheduled to gDALE pA 1709 ANATTEMPT TO COLLECT A DEBT, .r SUMME Courthouse, at, 209 FIRST SIRE in the Cumberland County $700 9)51.448 obtained by real estate) 11 2003 at 10:00 a.m. ant of your house ( a ee against You- , PA 17013, to enforce the court judgment IN C. (the mortg g be sold at the Sherif f Sale on JUNE ON SYSTEMS compliance with pa-R-C P South Hanover Street, Carlisle GISTRATI ORTGAGE ELECTRONI anouncement will be made at said sale in M the event the sale is continu , Rule 3129.3. RIGHTS NOTICE OF OWNER'S this Sheriff s Sale, you must take immediate action: To prevent the back payments, late charges to the mortgagee uch you must pay, YOU m' The sale will be cancell attorney' s fees due. To find out how m 1. costs and real call: (215 563-7000. the Court to strike or open the sale by filing a petition asking 2 You may ask the Court to be able to stop roPerly entered. You may also judgment, if the judgmdwas cause. imp postpone the sale for gooent al Proceedings• also be able to stop the sale through other leg 3 You may one . The sooner you ain contact an a Your rights need an attorney to assert a e two on how to obt you may See notice on p g you will have of stopping the sale. 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 ALL that certain piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit-. BEGINNING at a point in the western fine of Front Street, said point being one hundred sixty-two and one-half (162 %) feet, more or less, south of the southwest corner of the intersection of Wayne and First Streets, at or opposite the center of the partition wall dividing the property now or formerly of Kenneth L. Potteiger and Mildred E. Potteiger, his wife, and the dwelling on the lot hereby conveyed; thence westwardly through the center of the partition wall dividing said properties and beyond two hundred thirty-eight (n38?e ern line of Water Street forty and Water Street; thence southeastwardly along ninety-one one hundredths (40.91) feet to the northern line of Lot No. 3, Section "B", on the hereinafter mentioned Plan of Lots; thence eastwardly along the northern line of Lot No. 3, Section "B", two hundred thirteen (213) feet to the western line of First Street; thence northwardly along the western line of First Street thirty-two and one-half (32'x) feet, more or less, to a point, the place of BEGINNING. BEING the southern part of Lot No. 4, Section "B", In the Plan of Summerdale, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 1, Page 44. HAVING thereon erected the southern one-half of a two and one-half story frame dwelling known and numbered as 209 First Street, Summerdale, Pennsylvania. TAX PAR.CEL#: 09-12-2995-058 BEING the same premises that David A. Eynon and Tamie M. Eynon, his wife, by it's deed dated 8/9/2000 and recorded in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania on 8/10/2000 in Deed Book Volume 226, Page 1138, granted and conveyed unto Diane L. Brooks, Grantor herein. t':- _- ' ? c.. ?.. -r; _ ??i - _ i' 1 _ _.?1 {?} COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I 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 Aurora Loan Serv Inc is the grantee the same having been sold to said grantee on the 3rd day of Sent A.D., 2003, under and by virtue of a writ Execution issued on the 25th day of Feb, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 3722, at the suit of Mortgage Electronic Reg Svstem Inc against Diane L Brooks is duly recorded in Sheriff's Deed Book No. 259, Page 1650, IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 7 day of A.D. 2003 Vl a order of Deeds Mortgage Electronic Registration Systems, Inc. VS Diane L. Brooks In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-3722 Civil Term Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 12, 2003 at 6:42 o'clock PM, 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: Diane L. Brooks, by making known unto Diane Brooks, personally, at 209 First Street, Summerdalc, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2003 at 4:29 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Diane L. Brooks located at 209 First Street, Summerdale, 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 one of the within named defendants, to wit: Diane L. Brooks, by regular mail to her last known address of 209 First Street, Summerdale, PA 17093. This letter was mailed under the date of April 04, 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 September 3, 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, Inc. It being the highest bid and best price received for the same, Aurora Loan Services, Inc. of 601 5th Avenue, Scottsbluff, NE 69361, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $839.86. Sheriffs Costs Docketing $30.00 Poundage 16.47 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 22.08 Levy 15.00 Surcharge 20.00 Law Journal 321.20 Patriot News 253.87 Share of Bills 25.24 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 839.86 Sworn and subscribed to before me This 30 day of , 2003, A.D. P Q o onotary So Answers: a , Ij. Thomas Kline, Sheriff T ' BYJry Real Estat eputy Gu 301 ?'?a0.53 2 Real Estate Sale # 31 On March 12, 2003 the sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA known and numbered as 209 First Street, Summerdale, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2003 By:, d q? Real Estate Deputy a 0 THE; PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of April and the 6th day(s) of May 2003. 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 -l h4 J COPY Sworn to and su cri ed before tl?e?gis 14th day May?3 A.D. SALE #31 Notanal Seal // ?? REAL ESTATE SALE No. 31 Terry L. Russell, Notary Public Writ No. 2002-3722 City Of Harrisburg, Dauphin County NOTARY PUBLIC l Civil Term My Commission Expires June 6, 2006 Mortgage Electronic Member, Pennsylvania Association Of Notaries Y commission expires June 6, 2006 Registration Systems, Inc. Vs CUMBERLAND COUNTY SHERIFFS OFFICE Diane L. Brooks Atty: Frank Federman CUMBERLAND COUNTY COURTHOUSE DESCRIPTION ALL THAT CERTAIN piece or parcel of land CARLISLE, PA. 17013 situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: Statement of Advertising Costs BEGINNING at a point in the western line of Front Street, said point being one hundred sixty- To THE PATRIOT-NEWS CO., Dr. two and one-half (162 1/2) feet, more or less, For publishing the notice or publication attached south of the southwest comer of the intersection of Wayne and First Streets, at or opposite the hereto on the above stated dates $ 252.12 center of the partition wall dividing the property Probating same Notary Fee(s) now or formerly of Kenneth L. Potteiger and $ 1 .75 Mildred E. Potteiger, his wife, and the dwelling Total $ 253.87 on the lot hereby conveyed; thence westwardly through the center of the partition wall dividing said properties and beyond two hundred thirty- Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. eight (238) feet more or 1 t h ess, o t e eastern Ime of Water Street; thence southeastwardly along the eastern line of Water Street forty and ninety-one one-hundredths (40.91) feet to the northern fine of Lot No.3, Section "B", on the hereinafter mentioned Plan of Lots; thence eastwardly along the northern line of Lot No. 3, Section "B", two hundred thirteen (213) feet to the western line of First Street; thence northwardly along the western line of First Street thirty-two and one- half (32 1/2) feet, more or less, to a point, the place of BEGINNING. BEING the southern part of Lot NoA, Section "B", in the Plan of Summerdale, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 1. Page 44. By........... HAVING thereon erected the southern one-half of a two and one-hal( story frame dwelling known and numbered as 209 First Street, Summerdale, Pennsylvania. TAX PARCEL #09-12-2995.058. BEING the same premises that David A. Eynon and T?mie M. Eynon, his wife, by its deed dated 8/9/2000 and recorded in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania on 8/10/2000 in Deed Book Volume- 226, Page 1138, granted and conveyed unto Diane L. Brooks. Grantor herein. 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: APRIL 25, MAY 2, 9, 2003 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. REAL ESTATE SALE NO. 31 Writ No. 2002-3722 Civil Mortgage Electronic Registration Systems, Inc. VS. Diane L. Brooks Atty.: Frank Federman ALL that certain piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and de- scribed as follows, to wit: BEGINNING at a point in the western line of Front Street, said point being one hundred sixty-two and one-half (162 1/2) feet, more or less, south of the southwest cor- ner of the intersection of Wayne and First Streets, at or opposite the cen- ter of the partition wall dividing the property now or formerly of Ken- neth L. Potteiger and Mildred E. Pot- teiger, his wife, and the dwelling on w sa Marie Co , Editor SWORN TO AND SUBSCRIBED before me this 9 day of MAY, 2003 LOIN a: ' ; the lot hereby conveyed; thence westwardly through the center of the partition wall dividing said proper- ties and beyond two hundred thirty-eight (238) feet, more or less, to the eastern line of Water Street; thence southeastwardly along the eastern line of Water Street forty and ninety-one one hundredths (40.91) feet to the northern line of Lot No. 3, Section "B", on the hereinafter mentioned Plan of Lots; thence east- wardly along the northern line of Lot No. 3, Section "B", two hundred thir- teen (213) feet to the western line of First Street; thence northwardly along the western line of First Street thirty-two and one-half (32 1/2) feet. more or less, to a point, the place of BEGINNING. BEING the southern part of Lot No. 4. Section "B". in the Plan of Sum- merdale, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 1, Page 44. HAVING thereon erected the southern one-half of a two and one-half story frame dwelling known and numbered as 209 First Street, Summerdale. Pennsylvania. TAX PARCEL #:09-12-2995-058. BEING the same premises that David A. Eynon and Tamie M. Ey- non, his wife, by its deed dated 8/ 9/2000 and recorded in the Office of Recorder of Deeds in and for Cum- berland County. Pennsylvania on 8/ 10/2000 in Deed Book Volume 226. Page 1138, granted and conveyed unto Diane L. Brooks, Grantor here- in.