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HomeMy WebLinkAbout02-4586FEDERMAN 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 CENDANT MORTGAGE CORPORATION 6000 ATRIUM WAY MOUNT LAUREL, NJ 08054 Plaintiff V. JEFFREY B. HUNT 267 LINCOLN STREET CARLISLE, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM c.?. NO. 6a -?/$?? 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 #: 0014307938 RXP 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 CENDANT MORTGAGE CORPORATION 6000 ATRIUM WAY MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: JEFFREY B. HUNT 267 LINCOLN STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 3/27/01 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ERA MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1685, Page 355. By Assignment of Mortgage recorded 7/26/01 the mortgage was assigned to BISHOPS GATE RESIDENTIAL MORTGAGE TRUST which Assignment is recorded in Assignment of Mortgage Book No. 679, Page 3769. By Assignment of Mortgage recorded 7/26/01 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 679, Page 3771. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 6/1/02 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 $68,656.10 Interest 1,773.20 5/1/02 through 9/1/02 (Per Diem $14.30) Attorney's Fees 1,250.00 Cumulative Late Charges 77.56 3/27/01 to 9/1/02 Cost of Suit and Title Search 55000 Subtotal $72,306.86 Escrow Credit 0.00 Deficit 461 63 Subtotal S461 63 TOTAL $72,768.49 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. 8. 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 $72,768.49, together with interest from 9/1/02 at the rate of $14.30 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"ERMAN AND / uci ?H LAN, LLP By: FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL THAT CERTAIN lot of ground situate in the Fifty Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, having erected thereon a three-story frame dwelling house known as and numbered 267 Lincoln Street, and bounded and described as follows: ON THE South by Lincoln Street; on the West by property now or formerly of Henry A. Meals; on the North by lot now or formerly of Robert Peoples; and on the East by property now or formerly of Emerson Miller. CONTAINING Nineteen (19) feet, more or less, on Lincoln Street, and extending northwardly therefrom at an even width a distance of One Hundred Twenty Five (125) feet, more or less,. to said land now or formerly of Robert Peoples, on which there is erected a three-story frame dwelling house known as and numbered 267 Lincoln Street. BEING THE SAME PREMISES which Clifton H. Weidner and Mary R. Weidner, husband and wife, acting through their Attorney-In-Fact, Mary Jane Santone, by Deed dated August 11, 1983 and recorded August 11, 1983 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book I-30, Page 199, granted and conveyed unto Dale M_ Carey and Betty J_ Carey, husband and wife. PREMISES BEING ON: 267 LINCOLN STREET VERIFICATION MARC J. HMLE hereby states that he is V.P. of CENDANT MORTGAGE SERVICES mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: q O I T M(71 ? r J O (n iTl 'TI N Jl T ? T Trn -G lov) SHERIFF'S RETURN - REGULAR CASE NO: 2002-04586 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION VS HUNT JEFFREY B DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HUNT JEFFREY B the DEFENDANT , at 1807:00 HOURS, on the 25th day of September, 2002 at 267 LINCOLN STREET CARLISLE, PA 17013 by handing to JEFFREY B HUNT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Additional Comments HOUSE IS VACANT. DEFENDANT MET DEPUTY THERE FOR SERVICE. HIS NEW ADDRESS IS 1748 YORKTOWNE DRIVE APT E YORK. PA 174n4 Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this L_ day of (S// 7 N -L A. D. ?I--??"?. n/ P o onotary So Answers: R. Thomas Kline 09/26/2002 FEDERMAN & PHELAN By: ti/4.LlfY1 Deputy 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 CENDANT MORTGAGE CORPORATION 6000 ATRIUM WAY MOUNT LAUREL, NJ 08054 V. Plaintiff, JEFFREY B. HUNT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-4586 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JEFFREY B. HUNT , 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 9/2/02 to 10/29/02 TOTAL $72,768.49 $ 829.40 $73,597.89 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. I FRANK FE ERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT. DATE: PRO PROTHY iaennncauon No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 15)563-70nn CENDANT MORTGAGE CORPORATION Plaintiff vs. JEFFREY B. HUNT Defendant(s) TO: JEFFREY B. HUNT 1748 YORKTOWNE DRIVE, APT.E YORK, PA 17404 DATE OF NOTICE: OCTOBER 16 2002 COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : N0. 02-4586 O? THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. T HIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE RRED TO ROMBYOUTEDNWILLESS INDE OBTAINED FORHTHATNPURPOSEIFIYOU RMATI HAVEOPREVIOUSLY 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. You are in default becIauuseAYo NOTICE 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 r Frank Federman, Esquire Attorney for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2002-04586 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION VS HUNT JEFFREY B DAWN KELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HUNT JEFFREY B the DEFENDANT at 1807:00 HOURS, on the 25th day of September, 2002 at 267 LINCOLN STREET CARLISLE, PA 17013 by handing to JEFFREY B HUNT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Additional Comments E Sheriffs Costs: Docketing Service Affidavit Surcharge MET 18.00 3.45 .00 10.00 .00 31.45 Sworn and Subscribed to before me this day of A. D. SERVICE. So Answers: R. Thomas Kline 09/26/2002 FEDERMAN & PHELAN ?/ By : ?? ? - K.?t L Deputy Sheriff Prothonotary ? o J V v (.5 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 CENDANT MORTGAGE CORPORATION 6000 ATRIUM WAY Plaintiff, v. JEFFREY B. HUNT CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-4586 Defendant(s). VERIFICATION OFNON-MILITARY SERVICE QUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captiF d mat EDE ha es has knowledge e is attorney to wit: on information and belief, of the following facts, (a) that the d 's/are not in the Military efendant(s) its Allies, or otherwise within the rovisions of the Soldiers, and or Naval Sailors' ServCivilice of the United States 111940, as amended. Relief Act of Congress (b) that defendant JEFFREY B, HUNT is over 18 years of a YORKTOWN DRIVE, APT. E, YORK, PA 17404. l;e and resides at, 1748 This statement is made subject to the penalties of 18 Pa. C.S. "worn falsification to authorities. Section 4904 relating to 1 NK FED AN, ESQUIRE Attorney for Plaintiff y V a <J ? PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R,C.P.3180-3183 CENDANT MORTGAGE CORPORATION Plaintiff, V. JEFFREY B. HUNT No. 02-4586 Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $73,597.89 Interest from 10/30/02 to 3/5/03 $ 1,536.70 and Costs (per diem -$12.10) TOTAL $75,134.59 RANK FE ERMAN, ESQUIRE One Penn Cen er at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. ¢ Qz z z > c w u U o WW d OW ? w c ? uz > H? ?w u F H 04 eu OSAZ O ? ? W,? a U OG F U H ?' z ? O U o. U cx? .,C t l V I Li ry) cr? ti 0 ¢ a 0 w A 00 r. b u. V W ^'nY M V O M M (x l ALL THAT CERTAIN lot of ground situate in the Fifty Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, having erected thereon a three-story frame dwelling house known as and numbered 267 Lincoln Street, and bounded and described as follows: ON THE South by Lincoln Street; on the West by property now or formerly of Henry A. Meals; on the North by lot now or formerly of Robert Peoples; and on the East by property now or formerly of Emerson Miller. CONTAINING Nineteen (19) feet, more or less, on Lincoln Street, and extending northwardly therefrom at an even width a distance of One Hundred Twenty Five (125) feet, more or less, to said land now or formerly of Robert Peoples, on which there is erected a three-story frame dwelling house known as and numbered 267 Lincoln Street. TAX PARCEL: 06-20-1798-169 BEING: 267, LINCOLN STREET, CARLISLE, PA 17013 TITLE TO SAID PREMISES IS VESTED IN JRFFREY B. HUNT, A MARRIED MAN BY DEED FROM BETTY J. CAREY, WIDOW DATED 3/15/2001, RECORDED 3/20/2001, IN RECORD BOOK 241, PAGE 920. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-4586 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENDANT MORTGAGE CORPORATION, Plaintiff (s) From JEFFREY B. HUNT, 1748 YORKTOWN DRIVE, APT. E, YORK, PA 17404 (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 $73,597.89 L.L. $.50 Interest FROM 10/30/02 TO 3/5/03 (PER DIEM - $12.10) - $1,536.70 AND COSTS Any's Comm % Due Prothy $1.00 Arty Paid $108.45 Other Costs Plaintiff Paid Date: OCTOBER 29, 2002 CURTIS R. LONG Prothonota (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 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION Plaintiff, V. JEFFREY B. HUNT Defendant(s). NO. 02-4586 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 unsworn falsification to authorities. FRANK FE ERMAN, ESQUIRE Attorney for laintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION MIA! a - CENDANT MORTGAGE CORPORATION Plaintiff, V. JEFFREY B. HUNT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-4586 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) CENDANT MORTGAGE CORPORATION, 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 ,267 LINCOLN STREET, CARLISLE PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name JEFFREY B. HUNT Last Known Address (if address cannot be reasonably ascertained, please indicate) 1748 YORKTOWN DRIVE, APT. E YORK, PA 17404 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 re Name cord: Last Known Address (if address cannot be None reasonably ascertained, please indicate) 5. Name and address of every other person Name who has any record lien on the property: Last Known Address (if address cannot be None reasonably ascertained, please indicate) 6. Name and address of every otherperson who interest may be affected by the sale. has any record interest in Name the property and whose Last Known Address (if address cannot be TAMMI A. HUNT reasonably ascertained, please indicate) 267 LINCOLN STREET 7. Name and address CAP-LISLE, PA 17013 13 the propert of every other person of who Y which maybe affected by the sale: m the plaintiff has know]ed Name ge who has any interest in Last Known Addr T reasonably ess (if address cannot be "",,Occupant ascertained, please indicate) 2,67 LINCOLN STREET Domestic Relations of C CARLISLE, pA 17013 Cumberland county 13 North Hanover Street Commonwealth of P Carlisle, PA 17013 Department of We ennsylvania lfare PO Box 2675 Harrisburg, PA 17105 I verify that the state knowledge or i statements made i penalties of 18 nformation and belief. in this affidavit are true Pa, C S. Sec. I understand that false d correct to the 4904 relating to wisworn statements best ofmypersonal falsificatio herein are made n to authorities. subject to the Octobe2 DATE RANK FED ttornay for p ai fN, ESQ]J CJ C:> G-% C-1 - _ i ca -? CENDANT MORTGAGE CORPORATION Plaintiff, V. JEFFREY B. HUNT Defendant(s). CUMBERLAND COUNTY No. 02-4586 October 23, 2002 TO: JEFFREY B. HUNT 1748 YORKTOWN DRIVE, APT. E YORK, PA 17404 `*THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE 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, 267 LINCOLN STREET CARLISLE PA 17013 is scheduled to be sold at the Sheriffs Sale on MARCH 5, 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 73 597.89 obtained by CENDANT MORTGAGE CORPORATION (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: 2151563-7000 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.) 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, immediately after the sale. if you act 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 lot of ground situate in the Fifty Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, having erected thereon a three-story frame dwelling house known as and numbered 267 Lincoln Street, and bounded and described as follows: ON THE South by Lincoln Street; on the West by property now or formerly of Henry A. Meals; on the North by lot now or formerly of Robert Peoples; and on the East by property now or formerly of Emerson Miller. CONTAINING Nineteen (19) feet, more or less, on Lincoln Street, and extending northwardly therefrom at an even width a distance of One Hundred Twenty Five (125) feet, more or less, to said land now or formerly of Robert Peoples, on which there is erected a three-story frame dwelling house known as and numbered 267 Lincoln Street. TAX PARCEL: 06-20-1798-169 BEING: 267, LINCOLN STREET, CARLISLE, PA 17013 TITLE TO SAID PREMISES IS VESTED IN JRFFREY B. HUNT, A MARRIED MAN BY DEED FROM BETTY J. CAREY, WIDOW DATED 3/15/2001, RECORDED 3/20/2001, IN RECORD BOOK 241, PAGE 920. w v i'« CIO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: CENDANT MORTGAGE CORPORATION CIVIL ACTION vs. JEFFREY B. HUNT COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND CIVIL DIVISION NO. 02-4586 SS: I, FRANK FEDERMAN, ESQUIRE attorney for CENDANT MORTGAGE CORPORATION hereby verify that on 10/29/02 & 12/6/02 true and correct copies of the Notice of Sheriffs 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 10/29/02 by certified mail return receipt requested see Exhibit "B" attached hereto. 4ANK DATE: Janua 15 2003 FEDERMAN, ESQUIRE Attorney for Plaintiff xN _ 0 d M a ? w a w ''z4a a° ? U U aFa. v zz ?a?? xoz ?z a?za z ?x a zw ? oo ,o ?+ ' ?W ¢ OQ UZU wOa z w„?'^az-a ti ^ d . .F .NF,`O N E+ + ? ` t < z? c y N M ? ? d d p ? W z Mo O v 0 0. ?v v ? T E-°a ?w r. W ?v U O ? Q vy v z w v F u a u `- o U b op p O v E E N M z v v v , w £u L6 l 3000dZ V'J08J 03-TAN ZGC'Z 9 EC CC £00£o000 008'1.0 s z o S3n w hy3 ZNl ki s (} ? VbjsOd S3`'?L e d a? a a v? E U a uay N t a d O WO eZT 0 4 G . U, O ? O u 7 a H Q V V ? '7y W 00 Q z N ti a duo 0 W ? W z ~ o ?Ti Q L1? N t V ? t ?z t M ou U zd? °? p p ,A J O h r? v " I",* In Ie Ir- loo Ic, lc:, I--? I" I I-r L T v a° W y v u u v a p w .. 0 0 v 4 a A b ? v v y a c. 7160 3901 9844 0122 3712 i TO: JEFFkEY 13. HUNT 1748 YORKTOWN DRIVE, APT. E YORK, PA 17404 SENDER: KMD REFERENCE: 0014307938 RETURN Postage i RECEIPT SERVICE Certified Fee Return Receipt Fee Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail POSTMARK-0WOATE ?,. ?,. __ ?ry .) _ ? { ., AFFIDAVIT OF SERVICE PLAINTIFF CENDANT MORTGAGE CORPORATION DEFENDANT(S) JEFFREY B. HUNT SERVE JEFFREY B. HUNT AT 1748 YORKTOWN DRIVE, APT. E YORK, PA 17404 CUMBERLAND COUNTY KMD No. 02-4586 ACCT. #0014307938 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 5, 2003 SERVED Served and made known to U ?/ f , Defendant, on the 17 day of ? " Y ?! P/a1-200 at?_,.Q'eieek 10.m., at 17 `l R rr)r k tr. ^i vt .4ir < 7 t! © y 47 Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 30 Height ?? Weight L0 Race W Sex /1/( _ Other 1, l` boy i 6, ? # /q?_, a competent adult, being duly sworn according to law, depose and state that I personally handed 11. a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed befor a th's 1Z day of r , 200 Notary: / 'full I .:f'.8: PLEA E I?o??r A ,Ada Notary Public 1"tit AWTsSEjWI"k !PANk T 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. P.?y Co << < > Expires Nov. 8, a NOT SERVED On the day of 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vt Attempt: Time: 3rd Attempt: / / Time: • Sworn to and subscribed before me this day of 200 Notary: By: Vacant 2nd Attempt: Time: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 ??'? ,_ .??; ,; ?.i -... FEDERMAN AND PHELAN, LLP BY: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 .I.F.K. Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Cendant Mortgage Corporation, 6000 Atrium Way Mount Laurel, NJ 08054 vs Jeffrey B. Hunt 267 Lincoln Street Carlisle, PA 17013 Attorney for Plaintiff Court of Common Plea Civil Division Cumberland County No. 02-4586 MOTION TO SET ASIDE SHERIFF'S SALE Cendant Mortgage Corporation, by its attorneys, Federman and :Phelan, LLP, respectfully requests that this Honorable Court enter an Order setting aside the March 5, 2003 Sheriff's sale of the property located at 267 Lincoln Street, Carlisle, PA 17013 and in support thereof avers as follows: An in rem judgment was entered in favor of Plaintiff in the above-referenced mortgage foreclosure action on October 29, 2002. 2. Pursuant to a Writ of Execution issued on October 30, 2002 to enforce the judgment, the mortgaged premises was sold to Plaintiff at the Cumberland County Sheriff's sale held on March 5, 2003. 3. However, unbeknownst to Plaintiff's counsel, Defendant, Jeffrey B. Hunt, filed a Chapter 7 bankruptcy petition in the Middle District of Pennsylvania on February :1, 2003 at docket number 1-03-00628- .I.IT. A true and correct copy of the bankruptcy docket is attached hereto, made part hereof, and marked as Exhibit "A". 4. As such, the Sheriff's sale held on March 5, 2003 was inadvertently conducted while the Defendant was under the protection of the bankruptcy automatic stay. 5. Plaintiff has obtained relief from the automatic stay on April 11, 2003, in order for it proceed with Scheduling the mortgaged Property for the next available Sheriff's Sale and re-coup its losses. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order setting aside the March 5, 2003 Sheriff's sale. Respectfully Submitted, FED"AN & PHELAN, LLP Sheetal R. Shah-Jani, Attorney for Plaintiff FEDERMAN AND PHELAN, LLP BY: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 J.F.K. Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Cendant Mortgage Corporation, 6000 Atrium Way Mount Laurel, NJ 08054 vs. Jeffrey B. Hunt 267 Lincoln Street Carlisle, PA 17013 Attorney for Plaintiff Court of Common Plea Civil Division Cumberland County No. 02-4586 BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO SET ASIDE SHERIFF'S SALE An in rem judgment was entered in favor of Plaintiff in the above-referenced mortgage foreclosure action on October 29, 2002. Pursuant to a Writ of Execution issued on October 30, 2002 to enforce the aforementioned judgment, the mortgaged premises was sold to Plaintiff at the Cumberland County Sheriff's sale held on March 5, 2003. However, unbeknownst to Plaintiff's counsel, Defendant, Jeffrey B. Hunt, filed a Chapter 7 bankruptcy petition in the Middle District of Pennsylvania on February 3, 2003 at docket number 1-03-00628-JJT. A true and correct copy of the bankruptcy docket is attached hereto as Exhibit "A". As such, the Sheriff's sale held on March 5, 2003 was inadvertently conducted while the Defendant was under the protection of the bankruptcy automatic stay. Any action by a creditor conducted, whether knowingly or unknowingly, in violation of the bankruptcy automatic stay is void. 11 U.S.C. §362 (a). Plaintiff has obtained relief from the automatic stay on April 11, 2003 and needs the inadvertently held Sale on March 5, 2003 set aside in order for it to r roceed and Schedule the property for the next available Sheriff Sale and re-coup its losses. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order setting aside the March 5, 2003 Sheriff's sale. Respectfully Submitted, FEDERMAN & PHELAN, LLP 4S eetal R. Shah-J squire Attorney for Plain FEDERMAN AND PHELAN, LLP BY: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 J.F.K. Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Cendant Mortgage Corporation, 6000 Atrium Way Mount Laurel, NJ 08054 vs Jeffrey B. Hunt 267 Lincoln Street Carlisle, PA 17013 CERTIFICATION OF SERVICE Attorney for Plaintiff Court of Common Plea Civil Division Cumberland County No. 02-4586 I hereby certify a true and correct copy of the Plaintiffs Motion to Set Aside Sheriff's Sale, Memorandum of Law in Support thereof, Verification, and proposed Order were served by U.S. first class mail on all parties on the date listed below: Jeffrey B. Hunt 267 Lincoln Street Carlisle, PA 17013 Matthew Eshelman, Esquire 2108 Market Street Camp Hill, PA 17011 Sheriff of Cumberland County One Courthouse Square Carlisle, PA 17013-3387 Date ! w eetal R. Shah-Jan' Esq ire Attorney for Plaintif VERIFICATION Sheetal R. Shah-Jani, Esquire, hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this verification, and that the statements made; in the foregoing Motion to Set Aside Sheriff's Sale are true and correct to the best of her knowledge, information and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. FEDERMAN & PHELAN, LLP Sheetal kR,.Shah-Jan Esq 're Attorney or Plaintif nlf - - cn _ii7 APR 2 9 2003 FEDERMAN AND PHELAN, LLP BY: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 J.F.K. Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Cendant Mortgage Corporation, 6000 Atrium Way Mount Laurel, NJ 08054 Vs. Jeffrey B. Hunt 267 Lincoln Street Carlisle, PA 17013 Attorney for Plaintiff Court of Common Plea Civil Division Cumberland County No. 02-4586 ORDER AND NOW, this j$;-- day of 2003, upon consideration of Plaintiff's Motion to Set Aside Sheriff's Sale and Defendant's Response thereto, if any, it is hereby ORDERED and DECREED that Plaintiff's Motion is granted; and ORDERED and DECREED that the March 5, 2003 Sheriff's sale of the property at 267 Lincoln Street, Carlisle, PA 17013 is hereby set aside. ph. BY THE BURT: 1 J. Y NVA If1SNN3d xmg-ino i Cendant Mortgage Corporation VS Jeffrey B. Hunt In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-4586 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Motion to set aside Sheriffs Sale was granted on May 1, 2003. Sheriff's Costs: Docketing Poundage Posting Handbills Advertising Auctioneer Surcharge Law Library Prothonotary Mileage Certified Mail Out of County York County Levy Cumberland Law Journal Patriot News Share of Bills 30.00 13.65 15.00 15.00 10.00 20.00 .50 1.00 3.45 3.10 9.00 28.76 15.00 214.25 197.83 25.21 $ 599.86 paid by attorney 5/12/03 Sworn and subscribed to before me So Answers: F` •? This day of R. Thomas Kli e, Sheriff 2003, A.D. 4 11 BY-jO Prothonotary Real Est to Deputy 1, ?v oz-, yo 21, 6 iau' /.379,14 AFFIDAVIT OF SERVICE PLAINTIFF CENDANT MORTGAGE CORPORATION DEFENDANT(S) JEFFREY B. HUNT SERVE t t CUMBERLAND COUNTY KMD No. 02-4586 ACCT. #0014307938 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 3, 2003 SERVED / /d &? ,Defendant, on the _day of de, 200 Served and made known to h ? r n lth York ?? wN D! AvY? Commonwea ?_-?- at 0! / 0, o'clock ?.m,a[ 7 ?Sr of Pennsylvania, in the manner described below: Defendant personally served. Relationship is 7 i2ke / in Defendant(s) reside(s). give onm Adult family member with who d Adult in charge of Defendant(s)'s residence who refuse to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). . . Agent or person in charge oa Dofficer of said Defendant(s) usual place pcompany business Other: eight W eight ?P Race ? Sex _ fl _ Other Description: Age E H 1 , a competent adult, being duly sworn according to law, deposeec and Toned ease on the date and atd state that I personally ----------------- a true and correct copy of the Notice of Sheriff S Sale in the manner aNOTARIALBEAL the address indicated above. EDWARD CARL GUMPPER. JR., NOTARY PUBLI Sworn to and subscUbed WESTCMDMA SinoptE0SRES DECENBE D9.20D6 before me this 9iw ? day of'47 / , 20(x. By: Notary: ES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. PLEASE ATTEMPT SERVICE AT LEAST 3 TIM NOTSERVED On the day of 200, at o'clock _.m, Defendant NOT FOUND because: Moved _ Unknown -- No Answer 1st Attempt:, 1 Time:_ Vacant 2nd Attempt: / ime: 3rd Attempt: Time: Sworn to and subscribed before me this _ day of 200 Notary: By. Att mmkL w Frank Federman, Esquire - I.D. No. 12248 ? C7 m rz ?r r ? ` C n" j LID ?Y to -c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CORPORATION vs. J_EFFREy B. HUNT ) CIVIL DIVISION NO. 02-4586 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: 1, FRANK FEDERMAN, ESQUIRE attorney for CENDANT MORTGAGE CORPORATION hereby verify that on July_ 2, 2003 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. DATE: Au st 20 2003 I J"dO- , ld (,6A" FRuvx FEi) 'mMAN, ESQUIRE Attorney for Plaintiff ?L C: Z V' A W N O~ b m J 01 U A C'^ O n, y a A i n Z n c 9 3 mo d 9 d 3 0 a p yon ? -i PoP u ? O N J i i 0 i LbJ O , ? _ 8 0 o - ? E c n o ^ ? S o ? =9' 6 6 a X _ 71 d A Y i n Cy C4 .r. Y J 0 W D Y i i 3 s P 0 0 ,C<7 b H [i7 O A I A 4t, ?b66 . J I y Z1 ?1 a ? y z° 3 ,y S ? ? H O C n < N ? U ?jv m C? .4 LGy ID Z a y z ? a m g y > C] C] Y? O m ? y [s7 yy W „ o z J CrIJ O W > z O O f'7 CO ? X N a a ? r r fs1 ? J z c 3 a 1 Z 3 a 7 3 - i O I? ao rotn m' ?7 C1 a ?z a??a C. n . G A ? 7 0 O ? O O ^IFJ, t w A - L a T7 mrr, C= cn-;, a+ -j C` . r - n -J -G COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Cendent Mtg Corp is the grantee the same having been sold to said grantee on the 3rd day of Sept A.D., 2003, under and by virtue of a writ Execution issued on the 11th day of June, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 4586, at the suit of Cendant Mtg Corp against Jeffrey B Hunt is duly recorded in Sheriffs Deed Book No. 259, Page 2140. IN TESTIMONY WHEREOF, I have, hereunto set my hand and seal of said office this a1 3_ day of 11JYT& iQ , A.D. 2003 Le) ck Recorder of Deeds Cendant Mortgage Corporation VS Jeffrey B. Hunt In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-4586 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Jeffrey B. Hunt, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania, to serve the within Real Estate Writ, Notice and Description according to law. YORK COUNTY RETURN: And Now: July 21, 2003 at 5:35 PM served the within Notice of Sale upon Jeffrey B. Hunt by personally handing to Jeffrey B. Hunt, one true attested copy of the original Notice of Sale and making known to him the contents thereof at 1748 Yorktown Drive, Apt. E, York, PA 17404. So answers: William Hose, Sheriff of York County, PA. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on July 8, 2003 at 5:56 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jeffrey B. Hunt located at 267 Lincoln Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Jeffrey B. Hunt, by regular mail to his last known address of 1748 Yorktown Drive, Apt. E, York, PA 17404. This letter was mailed under the date of August 1, 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 Cendant Mortgage Corporation. It being the highest bid and best price received for the same, Cendant Mortgage Corporation of 6000 Atrium Way, Mount Laurel, NJ 08054, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $670.21. Sheriffs Costs Docketing $30.00 Poundage 13.14 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 3.45 Levy 15.00 Surcharge 20.00 Law Journal 218.90 Patriot News 169.84 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 670.21 Sworn and subscribed to before me This 3d ?- day of j 2003, A.D -?- ), ?'h.t.Q ' ?/ Pfothonotary So Answers: R. Thomas Kline, Sheriff BY JO Real Esta Deputy C? J`7 30 ? Real Estate Sale # 66 On June 17, 2003 the sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA known and numbered as 267 Lincoln Street, Carlisle, more fully described on Exhibit ` AL7 filed with this writ and by this reference incorporated herein. Date: June 17, 2003 By J c,c? I? i4 O Real Estate Deputy /7 ? • 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 July and the 5th day(s) of August 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 ........ ..........Pan/subscribed COPY Sworn t be ore me is 13th day of ugust,3 A.D. Notarial Seal SALE #66 Terry L. Russell, Notary public `?? REAL ESTATE SALE No. 66 City Of Harrisburg, DauphinCourtty NOT RY PUBLIC Writ INo. v 2002-4586 My Co wnission Expires June 6, 2006 IlTerm Cendant CIv Mortgage Corp Member, PennsMnia Association of Notaries My commission expires June 6, 2006 . VS Jeffrey B. Hunt Atty.: Frank Federman CUMBERLAND COUNTY SHERIFFS OFFICE DESCRIPTION CUMBERLAND COUNTY COURTHOUSE ALL THAT CERTAIN lot of ground situate in CARLISLE, PA. 17013 the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, having erected thereon a three-story frame dwelling Statement of Advertising Costs house known as and numbered 267 Lincoln Street, andbounde:ianddescribed asfollows: TO THE PATRIOT-NEWS CO., Dr. ON THE SOUTH by Lincoln Street; on the West by property now or formerly of Henry A. Meals; For publishing the notice or publication attached 168.09 on the North by lot now or formerly of Robert Peoples; and on the East by property now or hereto on the above stated dates $ 1.75 formerly of Emerson Miller. Probating same Notary Fee(s) $ CONTAINING Nineteen (19) feet, more or less, Total $ 169.84 on Lincoln Street, and extending northwardly therefrom at an even width a distance of One Hundred Twenty Five (125) feet, more or less, to 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. said land now or formerly of Robert Peoples, on By ............................................................ which there is erected a flum-story frame dwelling house known as and numbered 267 Lincoln Street. - TAx PARCEL: 06.20.1798-169. BEING 267 Lincoln Street, Carlisle, PA 17013. TITLE TO SAID premises is vested in Jeffrey B. Hunt, a mania d man, by deed from Betty J. Carey, widow, dated 3/15/2001, recorded 3/20/ 2001, in Record F ook 241, Page 9820. 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: JULY 18, 25, 2003 AUGUST 1, 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. 66 Writ No. 2002-4586 Civil Cendant Mortgage Corporation VS. Jeffrey B. Hunt Atty.: Frank Federman - -' ALL THAT CERTAIN lot of ground situate in the Fifty Ward of the Bor- S O TO AND SUBSCRIBED before me this ough of Carlisle, Cumberland 1 day of AUGUST 2003 County, Pennsylvania, having , erected thereon a three-story frame dwelling house known as and num- bered 267 Lincoln Street, and bounded and described as follows: J ON THE South by Lincoln Street; on the West by property now or for- merly of Henry A. Meals; on the ' L v A'; y } 1K", North by lot now or formerly of Rob- per, Err. 1?1d i? m ert Peoples; and on the East by prop- ?1 5, erty now or formerly of Emerson Miller. CONTAINING Nineteen (19) feet, more or less, on Lincoln Street, and extending northwardly therefrom at an even width a distance of One Hundred Twenty Five (125) feet, more or less, to said land now or formerly of Robert Peoples, on which there is erected a three-story frame dwelling house known as and num- bered 267 Lincoln Street. TAX PARCEL: 06-20-1798-169. BEING: 267 LINCOLN STREET, CARLISLE, PA 17013. TITLE TO SAID PREMISES IS VESTED IN JRFFREY B. HUNT, A MARRIED MAN BY DEED FROM BETTY J. CAREY, WIDOW DATED 3/15/2001, RECORDED 3/20/ 2001, IN RECORD BOOK 241, PAGE 920.