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HomeMy WebLinkAbout02-4613IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CiVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, VS. Plaintiff, ALAN M. D'ONOFRIO, Defendant. TO DEFENDANT You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTy20) DAYS FROM SERVICE HEREOF ATTORNEY F61~ Iv[AINTIFF 1 HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3415 Vision Drive Columbus, OH 43219 AND THE DEFENDANT IS: 65 Oliver Road Enola, PA 17025 ATTORNEY F~LAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 65 Oliver Road E. Pennsboro, PA (CITY, B~ORO(T~WN~ ATTORNEY ~ LA'~NTIFF (WARD) TYPE OF PLEADING: CIV1L ACTION-COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF PLAINTIFF: Chase Manhattan Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: Daniel J. Birsic, Esquire Pa. I.D. #48450 Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center 9 West Pittsburgh, PA 15222 (412) 281-7650 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIV1L DWISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: Plaintiff, VS. ALAN M. D'ONOFRIO, Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FiND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Ave Carlise, PA 17013 Phone (717) 249-3166 800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, NO.: VS. ALAN M. D'ONOFRIO, Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Chase Manhattan Mortgage Corporation, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Chase Manhattan Mortgage Corporation, which has its principal place of business at 3415 Vision Drive, Columbus, Ohio 43219. 2. The Defendant, Alan M. D'Onofrio, is an individual whose last known address is 65 Oliver Road, Enola, Pennsylvania 17025. 3. On or about October 30, 1998, Defendant executed a Note in favor of Union Federal Savings Bank of Indianapolis ("UFSB") in the original principal amount of $85,770.00. A tree and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about October 30, 1998, as security for payment of the aforesaid Note, Defendant made, executed and delivered to UFSB a Mortgage in the original principal amount of $85,770.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on November 6, 1998 in Mortgage Book Volume 1495, Page 755. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. UFSB assigned all of its right, title and interest in and to aforesaid Note and Mortgage to Plaintiff pursuant to a certain Assignment of Mortgage recorded in the Office of the Recorder of Deeds of Cumberland County on March 15, 1999, at Mortgage Book Volume 606, Page 865. 6. Defendant is the record and real owner of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendant is due for the May 1, 2002 payment. 8. Plaintiff was not required to send Defendant written notice pursuant to 35 P.S. 91680.403C (Homeowner's Emergency Mortgage Assistance Act of 1983 - Act 91 of 1983) prior to the commencement of this action for the reason that the aforesaid Mortgage is insured by the Federal Housing Administration under Title 1I of the National Housing Act (12U.S.C. 991707-1715z-18) [35 P.S. 91680.401C(a) (3)]. 9. Plaintiff was not required to send Defendant written notice of Plaintiffs intention to foreclose said Mortgage pursuant to 41 P.S. 9403 (Act 6 of 1974) prior to the commencement of this action for the reasons that said Mortgage is not a "residential mortgage" as defined in 41 P.S. 9101 and Defendant is not a "residential mortgage debtor" as defined in 41 P.S. 9101. 10. The amount due and owing Plaintiffby Defendant is as follows: Principal Interest to 9/11/02 Late Charges to 9/11/02 Escrow Deficiency to 9/11/02 Corporate Advances Attorney's fees Title Search, Foreclosure and Execution Costs $82,220.78 $ 2,373.23 $ 110.36 $ 522.92 $ 98.96 $ 1,250.00 $ 1,500.00 TOTAL $88,076.25 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $88,076.25 with interest thereon at the rate of $14.64 per diem from September 11, 2002, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. BY: GRENEN & BIRSIC, P.C. Daniel J. Birsi~', ~squire Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY iNFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Exhibit "A" Mullistate NOTE October 30bh. I998 (D.l,I 65 0liver Road, Enola, PA 17025 I. PARTIES IA) Time (B) Place [~Graduated Payment Allonge [~Gr0wing Equity Allonge ~Other PAY TO THE ORDER OF= UNION FEDERAL SAVINGS BA OF' IANAPOLIS · ~'J~ce Blue Baugh~r, V~Pres~dent :]1111/ ~ ~ 8]OUO WITHOUT RECOUflsE PlY o THE ORO~R Exhibit "B" Fairf&x, VA 22030 MORTGAGE ~1495 ~, .756 757 ,o~1495 ~GE ,758 to ~n¢ 1768314 8oo:~.95 ~'AGC .?6,0 Condomimum Rider [~3 Growing Equity Rider [~ Other [specify] (Seal) (Seal) (scsi) .(Seal) First American Title Insurance Company SCHEDULE C NUMBER: 12569 ALL THAT CERTAIN Fact or parcel o~ land and pm~ses, s/lucre, i'png and ~ m ~ T~s~ of P~ ~ the ~un~ of Cum~dand and ~a~ o[ Pen~vania, ~e p~ PA-3 County of Cumb~land} JOE I(OONCE , Assistant Secretary, and duly authorized representative of Plaintiff, deposes and says subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities that the facts set forth in the foregoing Complaint are true and correct to his information and belief. SHERIFF'S RETURN - CASE NO: 2002-04613 p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOT FOUND CHASE MANHATTAN MORTGAGE CORP VS D'ONOFRIO ALAN M R. Thomas Kline duly sworn according to law, says, that he made a inquiry for the within named defendant, DEFENDANT D'ONOFRIO ALAN M ,Sheriff or Deputy Sheriff, who being diligent search and but was unable to locate Him in his bailiwick. He therefore returns the COMPLJtINT - MORT FORE the within named DEFENDANT , NOT FOUND D'ONOFRIO ALAN M as to 65 OLIVER ROAD IS VACANT. DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff,s Costs: Docketing 18.00 Service 10.35 Not Found 5.00 Surcharge 10.00 .00 43.35 R. Thomas Kline ~- ~ Sheriff of Cumberland County GRENEN & BIRSIC 10/04/2002 Sworn and subscribed to before me this ~_r~ day of ~ ~2. A.D. Pro{bfonot ~"ry , ~ IN THE COURT OF COMMON PI.EAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, NO.:2002-04613 VS. TYPE OF PI.EADING: ALAN M. D'ONOFRIO, Defendant. MOTION FOR SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO SPECIAL ORDER OF COURT CODE- FII~D ON BEHALF OF PLAINTII~'F: Chase Manhattan Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa.I.D.#77991 GRENEN & BIRSIC, P.C. One Gateway Center, Nine West Pittsburgh, PA 15222 Firm #023 (412) 281-7650 IN THE COURT OF COMMON pI.l~.AS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DMSION CHASE MANHATTAN MORTGAGE CORPORATION, NO.:2002-04613 Plaintiff, VS. ALAN M. D'ONOFRIO, Defendant. MOTION FOR SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO SPECIAL ORDER OF COURT AND NOW, comes the Plaintiff, Chase Manhattan Mortgage Corporation, by and through its attorneys, Grenen & Birsic, P.C., and files the within Motion for Special Service of Civil Action - Complaint in Mortgage Foreclosure Pursuant to Special Order of Court, under Pennsylvania Rule of Civil Procedure 430 as follows: 1. On September 25, 2002, Plaintiff filed a Civil Action, Complaint in Mortgage Foreclosure against the Defendant, Alan M. D'Onofrio, at the above term and number. 2. On or about September 25, 2002, Plaintiff delivered to Cumberland County Sheriff a copy of the Civil Action, Complaint in Mortgage Foreclosure, with instructions that it be served upon Defendant at the last known address being 65 Oliver Road, Enola, PA 17025. 3. On or about October 4, 2002, Cumberland County Sheriff notified Plaintiff that they were unable to serve Defendant at 65 Oliver Road, Enola, PA 17025, with a copy of the Complaint since Defendant left the mortgaged property vacant and could not be found at said address. A true and correct copy of Cumberland County's Sheriff return is marked Exhibit "A", attached hereto and made a part hereof. 4. An Affidavit of the Plaintiff stating the nature and extent of the investigation which has been made to determine the whereabouts of Defendant, Alan M. D'Onofrio, is marked Exhibit "B", attached hereto and made a part hereof. WHEREFORE, Plaintiff respectfully requests that this Honorable Court direct Cumberland County Sheriff to post a copy of the Complaint on the mortgaged property at 65 Oliver Road, Enola, PA 17025, and permit the Plaintiff to serve Defendant, Alan M. D'Onofrio, by mailing a true and correct copy of the Complaint by certified mail, return receipt requested and by first class mail, postage pre-paid to 65 Oliver Road, Enola, PA 17025. Service of the Complaint shall be deemed complete and valid upon posting and mailing by the Plaintiff. BY: GRENEN & BIRSIC, P.C. Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 EXHIBIT "A" SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-0461~P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS D'ONOFRIO ~?,AN M 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 D'ONOFRIO ~T,AN M unable to locate Him COMPLAINT - MORT FORE in his bailiwick. but was He therefore returns the , NOT FOUND , as to the within named DEFENDANT 65 OLIVER ROAD IS VACANT. LRFT NO FORWARDING ADDRESS. , D'ONOFRIO ALAN M DEFENDANT MOVED AND Sheriff's Costs: Docketing 18.00 Service 10.35 Not Found 5.00 Surcharge 10.00 .00 43.35 R. Thomas Kline Sheriff of Cumberland County GRENEN & BIRSIC 10/04/2002 Sworn and' subscribed to before me this day of A.D. Prothonotary EXHIBIT "B" IN THE COURT OF COMMON PIJEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.:2002-04613 Plaintiff, VS. ALAN M. D'ONOFRIO, Defendant. AFFIDAVIT PURSUANT TO PA. R.C.P. COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALI.~GHENY ) Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kristine M. Anthou, Esquire, of GRENEN & BIRSIC, P.C., attorneys for Plaintiff, deposes and says that the following accurately reflects efforts made to ascertain the exact whereabouts of the Defendant, Alan M. D'Onofrio, named in the above-captioned matter: 1. On or about October 7, 2002, Plaintiff mailed to the United States Postmaster at Enola, Pennsylvania 17025, a certain Request for Change of Address or Boxholder Information Needed for Service of Legal Process for Defendant. 2. Plaintiff received no response from the aforementioned United States Postmaster concerning information on Change of Address of Boxholder Infom~ation. However per the Cumberland County Sheriff return "Defendant moved and left no fowarding address". A true and correct copy of said Sheriff return has already been marked as Exhibit "A" in the first half of motion. 3. A search of a nationwide computer database found a current address of 65 Oliver Road, Enola, PA 17025 for Defendant, Alan M. D'Onofrio. A true and correct copy of said computer search is marked Exhibit "1" attached hereto and made a part hereof. 4. The Defendant is not listed in the Cumberland Area telephone directory. 5. A search of the Cumberland County Voter Registration records revealed that Defendant is registered to vote in Cumberland County, at 65 Oliver Road, Enola, PA 17025. A true and correct copy of said Voter Registration search is marked Exhibit "2", attached hereto and made a part hereof. 6. A search of the Cumberland County Tax Assessor Records confimied that Defendant, Alan M. D'Onofrio address as being 65 Oliver Road, Enola, PA 17025. A true and correct copy of said Tax Assessor search is marked Exhibit "3", attached hereto and made a part hereof. Finally, affiant deposes and says that after the foregoing investigation, the exact whereabouts of Defendant, Alan M. D'Onofrio, remains unknown to the Plaintiff. Kristine M. A(athou, Esquire SWORN to and subscribed before me this I t~'- day of D ~.~ ~ Notary Public t~ ,2002. [ My Commission expi~ Jn~ a. ~J, ~ MemBer, Pennsylvania A~atlon ~ Nui~ii~ Exhibit "1" Search -.3 l%estilts -' 187-'60-3588 Source: ~ Sources > PeA~ple. Business & Asset~ocators > EZFIND Combined Pereon Locator Nationwide (~) Terms: 187-60-3588 (Edit Search~) ~Select for FOCUSTM or Delivery DONOFRIO, ALAN M Page 1 of I THZS DATA ZS FOR ZNFORMATIONAL PURPOSES ONLY PERSON LOCATOR- P-SRCH Name: DONOFRTO, ALAN H Address: 65 OLIVER RD ENOLA, PA 17025 Address Created: 12/1998 Previous Addresses: 105 E LOCUST ST MECHANICSBURG, PA 17055 Address Created: 2/1997 70 MOUNT ROCK RD LOT 106 SHIPPENSBURG, PA 17257 Address Created: 6/1994 Birthdate: 6/1969 Source: _M_y_Sou_me_s_ · _P_eo~ole~B_u_si_n_es_s__&._A_S_s.e_t ~o~_.a_L0__~. · EZFIND Combined Person Locator Nationwide Terms: 187-60-3588 (Edit_S._ea_rch) View: Full Date/Time: Thursday, October 10, 2002 - 1:03 PM EDT About LexisNexis I Terms and (~onditions Copyright © 2002 LexisNexis, a division of Reed Elsevier Inc. All dghts reserved. http://www.lexis.com/researcbJrctrieve?_m=fc 1c4f16406126156bb78c5f125f1305&docnum= l&_fmtst~_... 10/10/2002 Search - 3 Results. 187:60-3588 Source: _M.v Source_~ > .People. Busine~_& Asset Loca[0_ES > EZFIND Combined Parson Locator Nationwide Terms: 187-60-3588 (Edit Search) ·-Select for FOCUSTM or Delivery DONOFR!O, ALAN M Page 1 of 2 THIS DATA IS FOR TNFORHATIONAL PURPOSES ONLY PERSON LOCATOR- P-TRAK Name: DONOFRTO, ALAN M Also Known As: ONOFRIO, ALAN; DONOFRIO, ALAN M; D, ALAN Address: 65 OLIVER ROAD ENOLA, PA 17025 Address Updated: 11/1/1998 Previous Addresses: 105 LOCUST STREET MECHANICSBURG, PA 17055 Address Updated: 10/1/1995 70 MT ROCK ROAD APT. 106 SHIPPENSBURG, PA 17257 Address Updated: 11/13/2000 66 WINTER LANE ENOLA, PA 17025 Address Updated: 7/18/2001 Birthdate: 6/1969 Telephone: 732-4590 On File Since: 7/1/1989 Soume: .M~v_.So__.urce_~ > _P_e~_pl__e, Bus_i_n~_s_s_._&._A_s. _s~_t _L.p_c._a.t.0r_~ > EZFIND Combined Person Locator Nationwide (~) Terms: 187-60-3588 (Edit Search) View: Full Date/Time: Thursday, October 10, 2002 - 1:03 PM EDT _Alzoj,~ LL e x i s I',le~x_i s_ 2002 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. http://www.]cxis.com/rcsearcldmtfie¥¢?_m=£c 1 e4fi 6406 [ 26156bb78c$ fi 25fl 305&docnum=2&_fmtstr=... ] 0/]0/2002 Search - 3 Results -.187-60-3588 Source: My Sources > .~_eople. Business & Asset k~tor_s. > EZFIND Combined Peraon Locater Nationwide Terms: 187-60-3588 (Edit Search) ~Select for FOCUSTM or Delivery ONOFRIO, ALAN Page 1 of 1 THIS DATA IS FOR INFORHATiONAL PURPOSES ONLY PERSON LOCATOR - P-TRAK Name: ONOFRIO, ALAN Also Known As: DONOFRIO, ALAN M; D, ALAN Address: 65 OLIVER ROAD ENOLA, PA 17025 Address Updated: 8/1/2000 Previous Addresses: 66 WINTER LANE ENOLA, PA 17025 Address Updated: 7/18/2001 Birthdate: 6/1969 On File Since: 10/1/2000 Source: _My Sources > ..P_e_ople, Bus_in_ess &__A_sse_t _Loc_ator_s_ > EZFIND Combined Person Locator Nationwide Terms: 187-60-3588 (Edit Search) View: Full Date/Time: Thursday, October 10, 2002 - 1:04 PM EDT _A_.b_o_ut.L_e_.x_i_s_N_e_x.i~ I T_e_rm__s_a_.nd ._O..9_nd_it/Q.0_s. Coovriaht © 2002 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. htm://www~~~xis~c~m/res~arch/retri~v~ ?-m=fc ~ e4f~ 64~6 ~ 26 ~ 56bb 7 8c5 f~ 25 f~ 3~5&d~cnum=3&-fmtstr=~~~ 10/10/2002 Exhibit "2" Search -.1 Result - D'On$frio, Alan Source: My Sourc~ > Public Record~ > Person Locator · Voter Reg[~rtra, tior~. · Pennsylvania Voter Registrations Terms: d'onofrio, alan (Edit Seamh.) D'ONOFR.ro, ALAN *** THIS DATA ~'S FOR INFORHATtONAL PURPOSES ONLY PENNSYLVANZA VOTER REG[STRATZONS Name: D'ONOFR/O, ALAN H Resident Address: 65 OLIVER ROAD ENOLA, PA 17025 County: CUMBERLAND Date of Birth: 6/22/1969 Gender: HALE * * * * * * VOTER I'NFORHAT~ON * * * * * * Registration Number: 0001019383 Party Affiliation: REPUBLICAN Registration Date: 4/24/1998 Congressional District: 17 State Senate District: 31 State House District: 087 Precinct: E PENNSBORO/SUHHERD Page 1 of 1 Source: .M_y_Sp_u_r~es · Public Records · .P_e_r~p_n_ Loc_ator · .Voter _Re~gi_stratio_n~ · Pennsylvania Voter Registrations Terms: d'onofrlo, alan (Edit Search__) View: KVVIC + 25 Date/Time: Thursday, October 10, 2002 - 1:05 PM EDT About LexisNexis I Terms and Conditions CoDyd_oht © 2002 LexisNexis, a division of Reed Elsevier Inc. All dghts reserved. http://www.lcxis.corrdrcsearch/rctricve?_m= 1 bbdl fb 1 c43a72ddcefl 9f7b 1 e9bcd74&csvc=bl&cform=boo... 10/10/2002 Exhibit "3" Search - ! Result - l~'Ondfrio, Alan , Page 1 of 1 Source: My Source~ > People, Busj_r~s& Asset~oCators > Re_a[E.r_oj)eny C~.~t_o_r > ~pJ~r~ined~_.D~.d_T..mnsfers & T_ax A$~_~,~O.[ ._Records · PA Deed Tmnafera and Tax Aa~e.~or Record, - Selected Countle. (~ Terms: d'onofrlo, alan (Edit Search) CUhlBERLAND COUNTY, PA 65 OLIVER, ENOLA, PA ] 7025 *** THIS DATA IS FOR INFORMATION PURPOSES ONLY PROPERTY TRANSFER RECORD FOR CUHBERLAND COUNTY, PA Buyer: D'ONOFR/O, ALAN M Seller: ROBERT J JONES Property Address: 65 OLIVER, ENOLA, PA 17025 **************************** SALES INFORHATION ***************************** Sale Date: 10/30/1998 Recorded Date: 11/6/1998 Sale Price: $ 85,900 (Full Amount) Book/Page: 188/810 Legal Description: LOT: 65 *************************** MORTGAGE ZNFORMATZON *************************** Lender: UNION FEDERAL SAV BANK Type of Mortgage: FIXED RATE/CONVENTZONAL Loan Amount: $ 85,770 Source: My S__o_u r_c_e_s_ · .P_eople, Bu_si_ness & _As__se_t_L_o_ca._t_OLS > _R.e~aLPro~e__~y L ..c~ato[ · .C_omb_n._ed~_ _D_e_e_d_T_rans[er_s. &___T._a_x_A_s_s_ess__p_o r_ _R_.ec_.o_.r_d_.s. · PA D~.d Tranafem and Tax Aeseeeor Records - Selected Countlea I~ Terms: d'onofrio, elan (Edit Se_arch) View: tO/VIC ± 25 Date/Time: Thursday, October 10, 2002 - 1:02 PM EDT About LexisNexis I Terms and Conditions Coovdaht © 2002 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. http://www.lcxis.com/research/retricve?_m=c0e0fabacbcd345e 1657a43e3847f0bc&csvc=bl&cform=boo... 10/10/2002 CERTIFICATE OF SERVICE The undersigned hereby certifies that a tree and correct copy of the within Motion for Service of Complaint in Mortgage Foreclosure Pursuant to Special Order of Court was mailed to the following on this__11~' day of" ' '~ 2002, by first class U.S. Mail, postage pre-paid: Alan M. D'Onofrio 65 Oliver Road Enola, PA 17025 GRENEN & BIRSIC, P.C. Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATrAN MORTGAGE CORPORATION, Plaintiff, NO.:2002-04613 VS. ALAN M. D'ONOFRIO, Defendant. ORDER OF COURT ANDNOW, towit, this I~l~.dayof ~~ ,2002, upon consideration of the within Motion for Special Service of the Complaint in Mortgage Foreclosure AND Al.l. SUBSEQUENT pI.EADINGS pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff is hereby directed to serve Defendant, Alan M. D'Onofrio, with a true and correct copy of Plaintiff' s Complaint, by causing the Sheriff of Cumberland Copnty to p.ost the mortgaged property, being 65 Oliver Road, Enola, PA 17025, and Plaintiff is permitted to serve Defendant, by certified mail, return receipt requested and by first class mail, postage pre-paid at 65 Oliver Road, Enola, PA 17025. Service on the Defendant shall be deemed complete and valid upon such posting and mailing by the Plaintif~ e~l~~~'~ Je IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, VS. Plaintiff, ALAN M. D'ONOFRIO, Defendant. ) ) NO.:2002-04613 ) ) ) ISSUE NO.: ) ) ) ) ) ) ) ) ) ) ) TYPE OF pI.EADING: PRAECIPE TO REINSTATE CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE CODE- ) ) FILED ON BEHALF OF PLAINTIFF: ) ) Chase Manhattan Mortgage Corporation ) ) ) COUNSEL OF RECORD FOR THIS ) PARTY: ) ) Kristine M. Anthou, Esquire ) Pa. I.D. #77991 ) ) GRENEN & BIRSIC, P.C. ) Nine West ) One Gateway Center ) Pittsburgh, PA 15222 ) ) (412) 281-7650 IN THE COURT OF COMMON PI.EAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, VS. Plaintiff, ALAN M. D'ONOFRIO, Defendant. ) ) NO.:2002-04613 ) ) ) ) ) ) ) ) PRAECIPE TO REINSTATE CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE TO: PROTHONOTARY SIR: Kindly reinstate the Civil Action - Complaint in Mortgage Foreclosure with respect to the above-referenced matter and mark the docket accordingly. GRENEN & BIRSIC, P.C. Aft~eys for P~aintiff SHERIFF'S RETURN CASE NO: 2002-04613 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS D'ONOFRIO ALAN M - REGULAR JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon D'ONOFRIO ALAN M the law, DEFENDANT at 1748:00 HOURS, on the 30th day of October at 65 OLIVER ROAD 2002 ENOLA, PA 17025 by handing to POSTED PROPERTY AT 65 OLIVER ROAD ENOLA, PA a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Posted 6.00 Surcharge 10.00 .00 44.35 Sworn and Subscribed to before me this {~/ day of ~ ~2&~ ~Lg A.D. /Pz~t honor ary So Answers: R. Thomas Kline lO/31/2oo2 GRENEN & BIRSIC By: t~ Sher IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, VS. Plaintiff, ALAN M. D'ONOFRIO, Defendant. I hereby certify that the address of Plaintiff is: 3415 Vision Drive Columbus, OH 43219 the last known address of Defendant is: 65 Oliver Road Enola, PA 17025 NO. :2002-04613 ISSUE NUMBER: TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) CODE- FILED ON BEHALF OF PLAINTIFF: Chase Manhattan Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. Firm #023 One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 GRENEN & BIRSIC, P.C. Attor3'~s for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, NO. :2002-04613 VS. ALAN M. D'ONOFRIO, Defendant. PRAECIPE FOR DEFAULT JUDGMENT TO:PROTHONOTARY Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant, Alan M. D'Onofrio, in the amount of $90,889.11, which is itemized as follows: Principal Interest through 1/8/03 Late Charges through 1/8/03 Escrow Deficiency through 1/8/03 Corporate Advances Attorneys' fee Title Search, Foreclosure and Execution Costs TOTAL $82,220.78 $ 4,110.75 $ 220.72 $ 911.36 $ 675.5O $ 1,250.00 $ 1,500.00 $90,889.11 with interest on the Principal sum at the rate of $14.64 per diem from January 8, 2003, and additional late charges, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. BY: ~o~'ne M. Anthou, Esquire Attorneys for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY ) ) SS: ) Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of her knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copy. Sworn to and subscribed before me this ~[q day of,.. I{~, ~'~l ~ [J.J~ (/ Notary Public~d ~1 ,2003. Rebecca (; BI;t/ina. Notary Public City ol [>hl,i~t~,[i ,\llcghcny County My Colnm~:~o~ uxmmx June 9_. 2003 Men~ber, PennsyrvE~n' ?,., soclation ot Notanos IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, ALAN M. D'ONOFRIO, Defendant. NO.:2002-04613 TO: Alan M. D'Onofrio 65 Oliver Road Enola, PA 17025 DATE OF NOTICE: December 26, 2002. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRI'FrEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURTYOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINSTYOU WITHOUT A HEARING AND YOU MAY LOSEYOUR 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 TELEPHONETHE FOLLOWING OFFICE TO F1ND OUTWHEREYOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carliee, PA 17013 Phone (717) 249-3166 800-990-9108 FIRST CLASS MAIL, POSTAGE PREPAID By: GRENEN & BIRSIC, P.C. Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (4 2) 2s -7550 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, NO. :2002 -04613 VS. ALAN M. D'ONOFRIO, Defendant. TO: NOTICE OF ORDER, DECREE OR JUDGMENT Alan M. D'Onofrio 65 Oliver Road Enola, PA 17025 ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $90,889.11 with interest on the Principal sum at the rate of $14.64 per diem from January 8, 2003, and additional late charges, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, NO. :2002-04613 VS. ALAN M. D'ONOFRIO, Defendant. TYPE OF PI,EADING: Proof of Service FII,ED ON BEHALF OF: Chase Manhattan Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. Firm #023 One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PIJEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO. :2002-04613 Plaintiff, VS. ALAN M. D'ONOFRIO, Defendant. PROOF OF SERVICE Kristine M. Anthou, Attorney for Plaintiff, Chase Manhattan Mortgage Corporation, being duly sworn according to law deposes and makes the following Affidavit regarding service of Plaintiff's Complaint in this matter on Defendant, Alan M. D'Onofrio: 1. Pursuant to Order of Court dated October 18, 2002, service of the Complaint in Mortgage Foreclosure upon identified Defendant was deemed complete and valid upon mailing by the Plaintiff by certified mail, return receipt requested, and by first class mail, postage prepaid, addressed to 65 Oliver Road, Enola, PA17025, and posting of a copy of the Complaint, by the Sheriff of Cumberland County, at the property located at 65 Oliver Road, Enola, PA 17025 and by publication. A true and correct copy of said Order of Court is marked Exhibit "A", attached hereto and made a part hereof. 2. On October 31, 2002, Plaintiff mailed the Complaint in Mortgage Foreclosure to Defendant, Alan M. D'Onofrio, at 65 Oliver Road, Enola, PA 17025, by certified mail, return receipt requested and by first class mail, postage prepaid. A true and correct copy of the U.S. Postal Service form 3800, Article Number 7002 0510 0000 9586 8652, and the Certificate of Mailing, evidencing service by certified mail and first class mail on the identified Defendant, are marked Exhibit "B", attached hereto and made a part hereof. 3. On or about October 30, 2002, posted the Complaint on the property located at 65 Oliver Road, Enola, PA 17025. A true and correct copy of the Return of Service is marked Exhibit "C", attached hereto and made a part hereof. 4. On or about November 6, 2002 and November 15, 2002, Notice of the Complaint was published in The Valley Times- Star and The Cumberland Law Journal, respectively. True and correct copies of the Proofs of Service are market Exhibit "D". I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information, and belief. GRENEN & BIRSIC, P.C. I<2~fne M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THIS ~ ~ DAY OF -.o ~FIU~t, . ,2003. Notary PublicO' ' Notarial Seal I Rebec, ca G. Blazina. Notary Publle Cil& ~ t*itbl~ ,'!,h &llegheny County [~ ~ , ~ hme 2, 2003 'I~i~{~;:;~-' ¢, x ct Notaries Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, VS. Plaintiff, ALAN M. D'ONOFRIO, Defendant. NO.:2002-04613 ORDER OF COURT AND NOW, to wit, this [ ~fl~ day of t~ ~ ,2002, upon consideration of the within Motion for Special Service of the Complaint in Mortgage Foreclosure AND ALL SUBSEQUENT PLEADINGS pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff is hereby directed to serve Defendant, Alan M. D'Onofrio, with a true and correct copy of Plaintiff's Complaint, by causing the Sheriff of Cumberland Co.unty to post the mortgaged property, being 65 Oliver Road, Enola, PA ;: h- t z- 17025, and Plaintiff is pemfitted to serve Defendant, by certified mail, return receipt requested and byfirst class mail, postage pre-paid at 65 Oliver Road, Enola, PA 17025. Service on the Defendant shall be deemed complete and valid upon such posting and mailing by the mlaintif~ J. Exhibit "B" · Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: rd, D'ono I OZ5 A. Signature [] ngem [] Addm~ B. Received by (Printed Name) C. Date of Delive D. Isdaiiveryaddmssdffferentfl'omiteml? r-lyes If YES, enter daiwery address below: [] No ~[Certifled Mail Expmes Mail [] Registered ~ Return Receipt for Merchandi~ [] Insured Mail [] C.O.D. 4. Restricted Deliven/? (Extra Fee) [] Yes 2. Article N~J(nber -- O'~r~'.~) 7002 0510 0000 9586 8652 PS Form 3811, August 2001 Postage Certified Fee Return Receipt Fee (Endorsement Required} Restricted Delivery Fee (Endorsement Required) U.S. POSTAL SERVICE CERTIFICATE OF MAILING j ~r~ PROVIDE FOR INSU~CE~R ~ ~,~nen & BI.lc, RC. ,.~ ~ Aldn 'On i 0 0 PS Fom'13B¶?.Janua~2001 5.~,~ .~ ~(~b~~, Exhibit "C" CASE N0:2002-04613 12/16/2002 09:10 #97 P. )2/002 SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND C~ASE MAAV6A~TANMORTGAGE CORP VS D'ONOFRIO ALAN M JASON VIORAL , Sheriff or'Deputy Sheriff of Cumberland County;Pennsylvania, who being duly 'sworn according to law, says, the within COMPLAINT - MORT FORE was served upon the D'ONOFRIO ALAN M .... DEFENDANT , at 1748:00 HOLTRS.~ on the.30th day of October ., 2002 at 65 OLIVER ROAD ENOLA~ PA 17025' POSTED PROPERTY AT 65 OLIVER by handin9 to ROAD ENOLA~ PA a true and attested copy of COMPLAINT.- MORT FORE f together with and at the same ~ime dire~tin9 His attention to the contents thereof. Sheriff's Costs: Docketin~ Service Posted Surcharge So Answers: 18.00 '--~-'¢'"~'f .,~, ::..... '".~, . ~/~,~.,~~ I0.3'5 -~ ;-~-',-'..',,,,~ ~.-:. ~,L 6.00 ~ 10.00 R. Thomas Kline .00 44.35 Sworn and Subsc'ribed to before me this day of A.D. GRENF.~g &.BI~SIC By: yt~' Sheriff Prothonotary EXHIBIT "D" .ProoCof Publ caLo~ oF ~'ofice in THE VALLEY TIMES-STAR COUN'rY OF CUM3ERLAiXIZ) COMiMONWEALTH OF PE~S~V~A VGBPC Debbie A. Che~uL ~Mg d~y ~om a<or~g to Mw, de~ ~d ~ that ~ is ~e ~tor of "~e V~ey Times-S~, wMO is a w~y new~r of gene~ ~oflation ~li~h~ ~ SMp~g TomMp, Co~onw~ of Pe~l~a M~g it's p~ple pM~ of b~in~ at 1011 ~mer ~y ~.0. ~x 1~], Pe~I~; ~t ~e is ~ofi~ m ~ d~ ~e ~s ~t on it's ~; ~t at~ch~ hereto is ~e ~e ~ w= p~t~ Z ~e ~ e~fio~ & i~ues of"~e V~' Tim~-S~' on ~e folloMng ~te(s): November 6, 2002 Affiant further deposes that neither she nor "The Valley Times-Stag' and 'Fac News- Chronicle Company have any interest in the subject matters of the aforesaid notice or advertisement, and that the fact~ set forth in the foregoing affidavit are t~ue & correct Sworn and subscribed before me this Nota~al Sea Grace M. Keiter, Notary Public Shippensburg ~3m, Cumberland County My Commission Expires June 9, 2006 %.. Copy of Notice of Publication IN THE COURT OF COMMON PLEAS OF, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DMSION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, VS. ALAN M. D'ONOFRIO, Defendant. Notice NO.:2002-04613 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 a judgment may be entered against you without further' notice for the relief requested by the plaintiff. You may lose money or.property or other rights important ~o you. YOU SHOULD TAK~ THIS NOTIC~ TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A I~AW~ER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT Wi-IERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue C~rlis~ PA 170 Phone (71~) (800) Adv. VTS Nov. 6 To: "The News-Chronicle" Shippm~urg. PA 172~7 For publishing the notice attached hereto: On ~he stated date[s] ..... $ 4 2.0 0 Affidavit .............. . $ 2.0 0 Total .................. $ 4 4,0 0 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 NOVEMBER 15, 2002 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 SWORN TO AND SUBSCRIBED before me this 15 day of NOVEMBER 2002 LOIS E. 8N~OER, Ne',~ PuNic Carlisle I~ro, CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Division No.: 2002-04613 CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, VS. ALAN M. D'ONOFRIO, Defendant. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may pro- ceed without you and a judgment may be entered against you without further notice for the relief re- quested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-9108 (800) 990-9108 Nov. 15 ' INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAEClPE FOR WRIT OF EXECUTION Caption: Chase Manhattan Mortgage Corporation VS. Alan M. D'Onofrio ( ) Confessed Judgment ( ) Other File No. 2002-04613 Amount Due ~90,889.1t Interest $3,705.04 Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the ab. ove matter to the Sheriff of ' Cumberland for debt, interest and costs, upon th,e following described prrOpert~, of the defendant(s) County, See attached description pRAEcIPE FOR:ATtACHMENT EXECUTION Issue writ of attachment to the ~her~iff of Cu[mberlan. d County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) see ~:tached demmrfp~inn and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Signature: ~,-- -~_~ ,¢ Print Name: Elizabeth M. Palano Address: One Gateway Center, Nine West Pittsbur[h, PA 15222 Attorney for: Plaintiff Telephone: (412) 281-765f) Supreme Court ID No.: 77991 (over) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.:2002-04613 Plaintiff, VS. ALAN M. D'ONOFRIO, Defendant. LONG FORM DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northeastern line of Oliver Road, said point being a distance of one hundred thirty-one ( 131 ) feet in a northerly direction from the northwestern corner of the intersection of Oliver Road and Louis Lane (South); thence in a northerly direction along Oliver Road by a curve to the left having a radius of three hundred sixty (360) feet, the arc distance of fifty-nine and seventy-two hundredths (59.72) feet to a point on the dividing line between Lots Nos. 66 and 65 on the hereinafter mentioned plan; thence along said dividing line North forty-eight (48) degrees four (04) minutes East, for a distance of one hundred eleven and nineteen hundredths (111.19) feet to a point; thence South forty-six (46) degrees East, for a distance of eighty and five hundredths (80.05) feet to a point on the dividing line between Lots Nos. 64 and 65, thence along said dividing line South fifty-seven (57) degrees thirty-four (34) minutes thirty (30) seconds West, for a distance of one hundred twenty-three and five tenths (123.5) feet to a point, said point marking the place of BEGINNING. BEING Lot No. 65 on a Plan of Lots of Louis Park, prepared by Roy M. H. Benjamin, Professional Engineer, dated April 15, 1968 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 5 at page 50. BEING Known and numbered as 65 Oliver Road. BEING the same premises which Robert J. Jones and Coleen J. Jones, by Deed dated October 30, 1998 and recorded in the Office of the Recorder of Deeds of Cumberland County on November 6, 1998, in Deed Book Volume 188, Page 810, granted and conveyed unto Alan M. D'Onofrio. GRENEN & BIRSIC, P.C~) , By: Kristine M.QAnthou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Parcel No.09-13-1002-023 OF COMMON pLEAS OF CUMBERLAN-D coURT crqm D VIS ON cB~SE MAN'ttATT AN MORTGAGE coRPORATION' plaintiff, NO.:2002'04613 VS. ALAN M. D, oNOFRIO, Defendant. coMMONV~ALTH OF pENNSYL¥ ssA~I:A coUNTY OF ALLEGI~NY Chase Manhattan Mortgage Co~oration, pl~ntiff in the above ac~on, sets fo~h as of the was filed the following info~afion was of r~cord the pr~cipe for the ~rit of Execution ~te of Alan M. D'Onofdo located at 65 Oliver Road, Enola, concerning the r~M pro.nY pennsylvania 17025 ~d is more fully d~scdbed as follows: D'ONOFRIO OF, TI~E, I~ST A~ CLAIM OF ALAN M. ~L T~ ~G~, DESCRIED pROPERTY: A~ TO ~ FOLLO~G IN ~L T~ FOLLOWING DESC~BED ~ ESTA~ SITU ~D IN T~ ~G C~E~A~ co~TY, pE~S~V~A. To~S~p OF E. PENNSBORO, ~O~ AND ~E~D ~S 65 OLI~K E~C~D T~ON A D~LLING BErG ~., ENOLA, PA 17025. DBV 188, pAGE 810, AND PARCEL ~9_~3-1002-023. 1. The nme and ad,ess of the owner or reputed owner: 65 Oliver Road Alan M. D'Onofd° Enola, PA 17025 2. The name and address of the defendant in the judgment: 65 Oliver Road Alan M. D'Onofri° Enola, PA 17025 3. The name and last known address of every judgment creditor whose judgment is a record lie on the real property to be sold: [pLAINTIla'FI Chase Manhattan Mortgage Corporation 4. The name and address of the last record holder of every mortgage of record: Chase Manhattan Mortgage Corporation [PLAINTIFF] Wells Fargo Financial, Inc. 208 N. 34 Street, Suite 110 Harrisburg, PA 17101 5. The name and address of every other person who has any record lien on the property: Cumberland County Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Dept. Of Revenue Bureau of Individual Taxes Inheritance Tax Division Dept. 280601 Harrisburg, PA 17128-0601 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NONE I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. GRENEN & BIRSIC, P.C. Kristine~Vl. Antholi, Esquire Attorney for Plaintiff SWORN to and subscribed before me this ~- day of ~/~,~/LC._ ,2003. Notary Public d~ ff'~ (A4L COMMONWEALTH OF PENNSYLVANIA Rebecca G. Blazina, Notap/Pubic My Commbsion E~tres June 2, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DIVISION CHASE MANHATiAN MORTGAGE CORPORATION, NO.: 2002 -04613 Plaintiff, VS. ALAN M. D'ONOFRIO, Defendant. AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owner of the property located at 65 Oliver Road, Enola, Pennsylvania 17025 is Defendant, Alan M. D'Onofrio who resides at 65 Oliver Road, Enola, Pennsylvania 17025, to the best of her information, knowledge and belief. SWORN TO AND SUBSCRIBED BEFORE ME THIS fr~ DAY OF ~(-/~-- Not~ ~blic 2003. COMMONWEALTH OF PENNSYLVANIA Rebecca G. B/azina, Notary Public MY CommbsJon Expires Ju~e 2, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO. :2002-04613 Plaintiff, VS. ALAN M. D'ONOFRIO, Defendant. AI~YIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974, 41 P.S.101, ET SEQ. AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that Plaintiff was not required to send Defendant written notice pursuant to 35 P.S. 81680.403C (Homeowner's Emergency Mortgage Assistance Act of 1983 - Act 91 of 1983) prior to the commencement of this action for the reason that the aforesaid Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act (12 U.S.C. 881701-1715z-18) [35 P.S. 81680.401C(a)(3)]. Additionally, Plaintiff was not required to send Defendant written notice of Plaintiffs intention to foreclose said Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the commencement of this action for the reasons that said Mortgage is not a "residential mortgage" as defined in 41 P.S. 8101 and the Defendant is not a "residential mortgage debtor" as defined in 41 P.S. 8101. SWORN TOAND SUBSCRIBED BEFORE ME THIS ~ DAYOF ~/( (' .~ , 2003. Notary Public .C~), MMONWEALTH OF PENNSYLVANIA Rebecca G, Blazlna, No~ Pubic MY Commbsim E,x~res OLme 2, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, VS. Plaintiff, ALAN M. D'ONOFRIO, TO: NO.:2002-04613 Defendant NOTICE OF SHERIFF'S SALE OF REAL ESTATE Alan M. D'Onofrio 65 Oliver Road Enola, PA 17025 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse Commissioners Hearing Room, 2nd Floor 1 Courthouse Square Carlisle, PA 17013 on September 3, 2003, at 10:00 A.M., the following described real estate, of which Alan M. D'Onofrio is the owner or reputed owner: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF ALAN M. D'ONOFRIO OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN ~ TOWNSIMP OF E. PENNSBORO, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 65 OLIVER RD., ENOLA, PA 17025. DBV 188, PAGE 810, AND PARCEL 4/09-13-1002-023. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Manhattan Mortgage Corporation, Plaintiff, VS. Alan M. D'Onofrio, Defendant, at Execution Number 2002-04613 in the amount of $94,594.15. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the date and time of the sale of your property. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE TH/S NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Court Administrator 4~ Floor, Cumberland County Courthouse Carlisle, PA 17013 TELEPHONE: (717) 240-6200 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the fight to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable fight. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SI-IF~RIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, 1F THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. Krisflfie M. Anthou, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.:2002-04613 Plaintiff, VS. ALAN M. D'ONOFRIO, Defendant. LONG FORM DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pelmsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northeastern line of Oliver Road, said point being a distance of one hundred thirty-one ( 131) feet in a northerly direction from the northwestern comer of the intersection of Oliver Road and Louis Lane (South); thence in a northerly direction along Oliver Road by a curve to the left having a radius of three hundred sixty (360) feet, the arc distance of fifty-nine and seventy-two hundredths (59.72) feet to a point on the dividing line between Lots Nos. 66 and 65 on the hereinafter mentioned plan; thence along said dividing line North forty-eight (48) degrees four (04) minutes East, for a distance of one hundred eleven and nineteen hundredths (111.19) feet to a point; thence South forty-six (46) degrees East, for a distance of eighty and five hundredths (80.05) feet to a point on the dividing line between Lots Nos. 64 and 65, thence along said dividing line South fifty-seven (57) degrees thirty-four (34) minutes thirty (30) seconds West, for a distance of one hundred twenty-three and five tenths (123.5) feet to a point, said point marking the place of BEGINNING. BEING Lot No. 65 on a Plan of Lots of Louis Park, prepared by Roy M. H. Benjamin, Professional Engineer, dated April 15, 1968 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 5 at page 50. BEING Known and numbered as 65 Oliver Road. BEING the same premises which Robert J. Jones and Coleen J. Jones, by Deed dated October 30, 1998 and recorded in the Office of the Recorder of Deeds of Cumberland County on November 6, 1998, in Deed Book Volume 188, Page 810, granted and conveyed unto Alan M. D'Onofrio. By: GRENEN & BIRSIC, P.C.D Kfistine M.'Pmthou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Parcel No.09-13-1002-023 XVRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 024613 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff (s) From ALAN M. D'ONOFRIO (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 $90,889.11 Interest - $3,705.04 Atty's Comm % Arty Paid $164.70 Plaintiff Paid Date: JUNE 10, 2003 (Seal) Prothon~ry_ _ O Deputy L.L. $.50 Due Prothy $1.00 Other Costs CLrRTIS R. LONG REQUESTING PARTY: Name ICRISTINE M. ANTHOU, ESQUIRE Address: ONE GATEWAY CENTER, NINE WEST PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 77991 Chase Manhattan Mortgage Corporation VS Alan M. D'Onofrio In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-4613 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Kristine Anthou. Sheriff's Costs: Docketing 30.00 Poundage 15.76 Surcharge 20.00 Law Library .50 Prothonotary 1.00 Mileage 20.70 Posting Handbills 15.00 Advertising 15.00 Posting per Court Order 6.00 Patriot News 300.55 Cumberland Law Journal 335.15 Share of Bills 28.90 Levy 15.00 $ 803.56 paid by attorney 8/19/03 Sworn and subscribed to before me This 25 'dayof ~ ~. ~ ER. Thomas Kline, Sheriff 2003, A.D.BY Prothonotary Real Estate Deputy IN THE COURT OF COMMON PLEAS O1~ CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANI-IATI~AN MORTGAGE CORPORATION, NO.:2002-04613 Plaintiff, VS. ALAN M. D'ONOFRIO, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Chase Manhattan Mortgage Corporation, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was flied the following information was of record concerning the real property of Alan M. D'Onofflo located at 65 Oliver Road, Enola, Pennsylvania 17025 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF ALAN M. D'ONOFRIO OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF E. PENNSBORO, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 65 OLIVER RD., ENOLA, PA 17025. DBV 188, PAGE 810, AND PARCEL//09-13-1002-023. 1. The name and address of the owner or reputed owner: Alan M. D'Onofrio 65 Oliver Road Enola, PA 17025 2. The name and address of the defendant in the judgment: Alan M. D'Onofflo 65 Oliver Road Enola, PA 17025 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Chase Manhattan Mortgage Corporation [PLAINTIFF] Chase Manhattan Mortgage Corporation Wells Fargo Financial, Inc. 4. The name and address of the last record holder of every mortgage of record: [PLAI~] 208 N. 3a Street, Suite 110 Harrisburg, PA 17101 5. The name and address of every other person who has any record lien on the property: Cumberland County Domestic Relations PA Dept. Of Revenue Bureau of Individual Taxes Commonwealth of Pennsylvania Department of Welfare P.O. Box 320 Carlisle, PA 17013 Inheritance Tax Division Dept. 280601 Harrisburg, PA 17128-0601 P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NONE I verify that the statements made in the Affidavit are tree and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. SWORN to and subscribed before me this ~ day of ~/LC/~,(_ ,2003. Notary Public f ~ COMMONWEALTH OF PENNSYLVANIA Notadal Seal My ~ Expires June 2, 2007 Member, Penasylvanie A~;~(~i~o~ Of ~ GRENEN & BIRSIC, P.C. Kristine-~M. Anthoi~, Esquire Attorney for Plaintiff IN TIdE COURT OF COMMON PLEAS O1~ CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DMSION CHASE MANHATTAN MORTGAGE CORPORATION, VS. Plaintiff, ALAN M. D'ONOFRIO, TO: NO.:2002-04613 Defendant NOTICE OF SHERIFF'S SALE OF REAL ESTATE Alan M. D'Onofrio 65 Oliver Road Enola, PA 17025 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse Commissioners Hearing Room, 2nd Floor 1 Courthouse Square Carlisle, PA 17013 on September 3, 2003, at 10:00 A.M., the following described real estate, of which Alan M. D'Onofrio is the owner or reputed owner: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF ALAN M. D'ONOFRIO OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF E. PENNSBORO, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 65 OLIVER RD., ENOLA, PA 17025. DBV 188, PAGE 810, AND PARCEL//09-13-1002-023. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Manhattan Mortgage Corporation, Plaintiff, VS. Alan M. D'Onofrio, Defendant, at Execution Number 2002-04613 in the amount of $94,594.15. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the date and time of the sale of your property. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 TELEPHONE: (717) 240-6200 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your par~ is necessary. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FII .F. A PETITION WITH THE COURT AFl'ER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. Kris ~i~nne M. Anthou, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CkTMB~AND COUNTY, PENNSYLVANIA CIVIL DMSION CHASE MANHATTAN MORTGAGE CORPORATION, NO.:2002-04613 Plainfff, VS. ALAN M. D'ONOFRIO, Defendant. LONG FORM DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northeastern line of Oliver Road, said point being a distance of one hundred thirty-one (131 ) feet in a northerly direction from the northwestern corner of the intersection of Oliver Road and Louis Lane (South); thence in a northerly direction along Oliver Road by a curve to the left having a radius of three hundred sixty (360) feet, the arc distance of fifty-nine and seventy-two hundredths (59.72) feet to a point on the dividing line between Lots Nos. 66 and 65 on the hereinafter mentioned plan; thence along said dividing line North forty-eight (48) degrees four (04) minutes East, for a distance of one hundred eleven and nineteen hundredths (111.19) feet to a point; thence South forty-six (46) degrees East, for a distance of eighty and five hundredths (80.05) feet to a point on the dividing line between Lots Nos. 64 and 65, thence along said dividing line South fifty-seven (57) degrees thirty-four (34) minutes thirty (30) seconds West, for a distance of one hundred twenty-three and five tenths (123.5) feet to a point, said point marking the place of BEGINNING. BEING Lot No. 65 on a Plan of Lots of Louis Park, prepared by Roy M. H. Benjamin, Professional Engineer, dated April 15, 1968 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 5 at page 50. BEING Known and numbered as 65 Oliver Road. BEING the same premises which Robert J. Jones and Coleen J. Jones, by Deed dated October 30, 1998 and recorded in the Office of the Recorder of Deeds of Cumberland County on November 6, 1998, in Deed Book Volume 188, Page 810, granted and conveyed unto Alan M. D'Onofrio. By: Kristine M."Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Parcel No.09-13-1002-023 Real Estate Sale # 50 On June 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 65 Oliver Road, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 12, 2003 By.~j 00~1 ~Pv~ Real Esta~ Deputy 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 ail legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the primed 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. S~R~N T~a~Nan~ ~TBYns ~'RlSd~°~ before me this I day of AUGUST, 2003 REAL ESTATE SA~ NO. 50 Writ No. 2002-4613 Civil Chase Manhattan Mortgage Corporation VS. Alan M. D'Onofrio Atty.: Kristine Anthou LONG FORM DESCRIPTION ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Township of East Pcnnsboro in the County of Ctun- berland and Commonwealth of Penn- sylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northeastern line of Oliver Road, said point being a distance of one hundred thirty-one (131) feet in a northerly direction from the north western corner of the intersection of Oliver Road and Louis Lane (South): thence in a northerly direc- tion along Oliver Road by a curve to the left having a radius of three hundred sixty {360) feet, the arc dis- tance of fifty-nine and seventy-two hundredths (59.72) feet to a point on the dividing line between Lots Nos. 66 and 65 on the hereinafter mentioned plaix; thence along said dividing line North forty-eight {481 degrees four (04) minutes East, for a distance of one hundred eleven and nineteen hundredths (111.19) feet to a point; thence South forty-six {46) degrees East, for a distance of eighty and five hundredths (80.051 feet to a point on the dividing line between Lots Nos. 64 and 65, thence along said dividing line South fifty seven (57) degrees thirty four {34) minutes thirty {30) seconds West, for a distance of one hundred t~venty-three and five tenths (123.5) feet to a point, said point marking the place of BEGINNING. BEING Lot No. 65 on a Plan of Lots of Louis Park, prepared by Roy M. H. Benjamin, Professional Engi- neer, dated April 15. 1968 and re- corded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 5 at page 50. BEING Kaaown and numbered as 65 Oliver Road. BEING the smile premises which Robert J. Jones and Coleen J. Jones, by Deed dated October 30. 1998 and recorded in the Office of the Recorder of Deeds of Cumber land County on November 6, 1998. in Deed Book Volume 188, Page 810, granted and conveyed unto Alan M. D'Onofrio. ' No. 09-13 100~ i De atriot- etu RO. Box 2265 HARRISBURG, PA 17105 (717) 255-8100 DUPLICATE BILL CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ACCOUNT #:CUMB020 RUN DATE SIZE RATE AMOUNT TAGLINE 7/22/03 8.00 12.45 $ 99.60 SALE # 7/29/03 8.00 12.45 $ 99.60 SALE # 8/05/03 8.00 12.45 $ 99.60 SALE # NOTARY 1.75 $ 1.75 SALE # 50 50 50 50 TOTAL: $ 300.55 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 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 Mamh 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. COPY Sworn to ~ befor~m///e~ 13th day of J~/~03 A.D. S A L E #50 MyCemmissionExpl une6,2006 I My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 298.80 $ 1.75 $ 300.55 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAEClPE FOR WRIT OF EXECUTION Caption: Chase Manhattan Mortgage Corporation VS. Alan M. D'Onofrio ( ) Confessed Judgment (xx) Other File No. 2002-4613 Amount Due $90,889.11 Interest £rom 1/8/03 Atty's Corem Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above,roaRer to the Sheriff of CL~,'d~ERLAND County, for debt, interest and costs, upon the follO~in~ described property of the defendant(s) 65 0'i±ver Road, Enola, ?A 17025 see attached legal description PRAECIPE FOR ATTACHMENT EXECUTION issue writ of attachment to the Sheriff' of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; ~upply four copies of lengthy personalty list) and ail other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date /,Z?/¢/~'_~¢ Signature: Print Name: Address: Attorney for: Telephone: Supreme Court ID No.: Kristine M. Anthou 1 Gateway Center, 9 West Pittsburgh, PA 15222 Plaintiff (412) 281-7650 77991 (over) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, VS. NO. :2002-4613 ALAN M. D'ONOFRIO, Defendant. LONG FORM DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pe~msboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northeastern line of Oliver Road, said point being a distance of one hundred thirty-one (131) feet in a northerly direction from the northwestern comer of the intersection of Oliver Road and Louis Lane (South); thence in a northerly direction along Oliver Road by a curve to the left having a radius of three hundred sixty (360) feet, the arc distance of fifty-nine and seventy-two hundredths (59.72) feet to a point on the dividing line between Lots Nos. 66 and 65 on the hereinafter mentioned plan; thence along said dividing line North forty-eight (48) degrees four (04) minutes East, for a distance of one hundred eleven and nineteen hundredths (111.19) feet to a point; thence South forty-six (46) degrees East, for a distance of eighty and five hundredths (80.05) feet to a point on the dividing line between Lots Nos. 64 and 65, thence along said dividing line South fifty-seven (57) degrees thirty-four (34) minutes thirty (30) seconds West, for a distance of one hundred twenty-three and five tenths (123.5) feet to a point, said point marking the place of BEGINNING. BEING Lot No. 65 on a Plan of Lots of Louis Park, prepared by Roy M. H. Benjamin, Professional Engineer, dated April 15, 1968 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 5 at page 50. BEING known and numbered as 65 Oliver Road. BEING the same premises which Robert J. Jones and Coleen J. Jones, by Deed dated October 30, 1998 and recorded in the Office of the Recorder of Deeds of Cumberland County on November 6, 1998, in Deed Book Volume 188, Page 810, granted and conveyed unto Alan M. D'Onofrio. GRENEN & BIRSIC, P.C. Krist~ie M. ~thou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pi~sb~gh, PA 15222 (412) 281-7650 Tax Map 09-13-1002 /Parcel 023 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-4613 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff(s) From ALAN M. D'ONOFRIO (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 $90,889.11 Interest FROM 1/8/03 Atty's Comm % Atty Paid $980.76 Plaintiff Paid Date: DECEMBER 3, 2003 (Seal) REQUESTING PARTY: Name KRISTINE M. ANTHOU, ESQUIRE Address: 1 GATEWAY CENTER, 9 WEST PITTSBURGH, PA 15222 A~Xomey for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 77991 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothono~}~ Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO. :2002-4613 Plaintiff, VS. ALAN M. D'ONOFRIO, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Chase Manhattan Mortgage Corporation, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Alan M. D'Onofrio located at 65 Oliver Road, Enola, Pennsylvania 17025 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF ALAN M. D'ONOFRIO OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN E. PENNSBORO TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 65 OLiVER ROAD, ENOLA, PA 17025. DBV 188, PAGE 810, AND TAX MAP 09-13-1002 / PARCEL 023. 1. The name and address of the owner or reputed owner: Alan M. D'Onofrio 2. The name and address of the defendant in the judgment: Alan M. D'Onofrio 65 Oliver Road Enola, PA 17025 65 Oliver Road Enola, PA 17025 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Chase Manhattan Mortgage Corporation [PLAINTIFF] 4. The name and address of the last record holder of every mortgage of record: Chase Manhattan Mortgage Corporation [PLAINTIFF] Wells Fargo Financial, Inc. 208 N. 3rd Street, Suite 110 Harrisburg, PA 17101 5. The name and address of every other person who has any record lien on the property: Cumberland County Domestic Relations PA Dept. Of Revenue Bureau of Individual Taxes Commonwealth of Pennsylvania Department of Welfare P.O. Box 320 Carlisle, PA 17013 Inheritance Tax Division Dept. 280601 Harrisburg, PA 17128-0601 P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: NONE I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to author/ties. GRENEN & BIRSIC, P.C. Kr/stine M. Anthou, Esquire Attorney for Plaintiff SWORN to and subscribed before me this ~P~ day of ~(,~ ~,,~3q~4 Notary Public ,2003. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, NO. :2002-4613 VS. ALAN M. D'ONOFRIO, Defendant. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974, 41 P.S.101, ET SEO. AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that Plaintiff was not required to send Defendant written notice pursuant to 35 P.S. 81680.403C (Homeowner's Emergency Mortgage Assistance Act of 1983 - Act 91 of 1983) prior to the commencement of this action for the reason that the aforesaid Mortgage is insured by the Federal Housing Administration under Title Il of the National Housing Act (12 U.S.C. 881701-1715z-18) [35 P.S. 81680.401C(a)(3)]. Additionally, Plaintiff was not required to send Defendant written notice of Plaintiff's intention to foreclose said Mortgage pursuant to 41 P.S. {}403 (Act 6 of 1974) prior to the commencement of this action for the reasons that said Mortgage is not a "residential mortgage" as defined in 41 P.S. 8101 and Defendant is not a "residential mortgage debtor" as defined in 41 P.S. 8101. SWORN TO AND SUBSCRIBED BEFORE ME THIS .2~ DAY OF bf{ ~ ;"} I~(-' Notaw Public ' ,2003. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO. :2002-4613 Plaintiff, VS. ALAN M. D'ONOFRIO, Defendant. AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owner of the property located at 65 Oliver Road, Enola, Pennsylvania ! 7025 is Defendant, who resides at 65 Oliver Road, Enola, Pennsylvania 17025, to the best of her information, knowledge and belief. SWORN TO AND SUBSCRIBED BEFORE ME THIS 2f)cl DAY OF ~)~ ;~ fl{'-~' { Notary Public ,2003. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO. :2002-4613 Plaintiff, VS. ALAN M. D'ONOFRIO, Defendant TO: NOTICE OF SHERIFF'S SALE OF REAL ESTATE Alan M. D'Onofrio 65 Oliver Road Enola, PA 17025 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse Commissioners Hearing Room, 2"a Floor 1 Courthouse Square Carlisle, PA 17013 on March 3, 2004, at 10:00 A.M., the following described real estate, of which Alan M. D'Onofrio is the owner or reputed owner: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF ALAN M. D'ONOFRIO OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN E. PENNSBORO TWP., CUMBERLAND COLrNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 65 OLIVER ROAD, ENOLA, PA 17025. DBV 188, PAGE 810, AND TAX MAP 09-13-1002 / PARCEL 023. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Manhattan Mortgage Corporation, Plaintiff, VS. Alan M. D'Onofrio, Defendant, at Execution Number 2002-4613 in the amount of $90,889.11. Claims against the property must be filed with the Sheriffbefore the above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore distribution. Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriffno later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the date and time of the sale of your property. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 TELEPHONE: (717) 240-6200 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiffhas a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriffhas not made a valid return of service of the Complaint and Notice to Defend or ifthej udgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. Krist~ne M. Anthou, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, Vg. NO. :2002-4613 ALAN M. D'ONOFRIO, Defendant. LONG FORIVl DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northeastern line of Oliver Road, said point being a distance of one hundred thirty-one (131) feet in a northerly direction from the northwestern comer of the intersection of Oliver Road and Louis Lane (South); thence in a northerly direction along Oliver Road by a curve to the leR having a radius of three hundred sixty (360) feet, the arc distance of filly-nine and seventy-two hundredths (59.72) feet to a point on the dividing line between Lots Nos. 66 and 65 on the hereinafter mentioned plan; thence along said dividing line North forty-eight (48) degrees four [64) minutes East, for a distance of one hundred eleven and nineteen hundredths (111.19) feet to a point; thence South forty-six (46) degrees East, for a distance of eighty and five hundredths (80.05) feet to a point on the dividing line between Lots Nos. 64 and 65, thence along said dividing line South fifty-seven (57) degrees thirty-four (34) minutes thirty (30) seconds West, for a distance of one hundred twenty-three and five tenths (123.5) feet to a point, said point marking the place of BEGINNING. BEING Lot No. 65 on a Plan of Lots of Louis Park, prepared by Roy M. H. Benjamin, Professional Engineer, dated April 15, 1968 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 5 at page 50. BEING known and numbered as 65 Oliver Road. BEING the same premises which Robert J. Jones and Coleen J. Jones, by Deed dated October 30, 1998 and recorded in the Office of the Recorder of Deeds of Cumberland County on November 6, 1998, in Deed Book Volume 188, Page 810, granted and conveyed unto Alan M. D'Onofrio. GRENEN & BIRSIC, P.C. By: ~--'~ ~ ~ c:,.'C ~-,.._ Kri'st~e M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Tax Map 09-13-1002 / Parcel 023 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATION, VS. Plaintiff, ALAN M. D'ONOFRIO, Defendant. CIVIL DWISION ISSUE NUMBER: NO.: 2002-4613 TYPE OF PLEADING: Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS CODE- FILED ON BEHALF OF PLAINTIFF: Chase Manhattan Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. $$77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SALE DATE: 3/3/04 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE MANHATTAN MORTGAGE CIVIL DIVISION CORPORATION, Plaintiff, VS. ALAN M. D'ONOFRIO, Defendant. NO.: 2002-4613 Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS K_ristine M. Anthou, Esquire, Attorney for Plaintiff, Chase Manhattan Mortgage Corporation, being duly sworn according to law deposes and makes the following Affidavit regarding service of Plaintiffs notice of the sale of real property in this matter on March 3, 2004 as follows: 1. Alan M. D'Onofrio is the owner of the real property and has not entered an appearance of record. 2. On October 18, 2002, this Court entered an Order authorizing Plaintiff to serve Defendant by posting the property, by certified mail return receipt requested and first-class mail to the addresses set forth in the Order and publication in accordance with Pa. R.C.P. 430(b), with service to be valid upon posting, mailing and publication. A true and correct copy of the Order is marked as Exhibit "A", attached hereto and made a part hereof. 3. Pursuant to the Order and Pa R.C.P. 3129.2 (C), on January 14, 2004, the undersigned counsel served Defendant, Alan M. D'Onofrio, with a tree and correct copy of Plaintiffs notice of the sale of real property by certified mail, return receipt requested, and regular U.S. mail postage prepaid, addressed to 65 Oliver Road, Elona, Pennsylvania 17025. A true and correct copy of the U.S. Postal Service form 3800, Article Number 7002 3150 0000 8711 8942, and the Certificate of Mailing, evidencing service by certified mail and first-class mail on the identified Defendant, are marked Exhibit "B", attached hereto and made a part hereof. 4. On January 13, 2004, the Sheriff's Office of Cumberland County posted the property located at 65 Oliver Road, Enola, Pennsylvania 17025. A true and correct copy of Sheriff's return of Service is marked Exhibit "C", attached hereto and made a part hereof. 5. On January 28, 2004, Plaintiff published one time the Notice to Defend in the The Sentinel. A true and correct copy of the Proof of Publication of Notice is marked Exhibit "D", attached hereto and made a part hereof. 6. On January 30, 2004, Plaintiff published one time the Notice to Defend in the Cumberland Law Journal. A true and correct copy of the Proof of Publication of Notice is marked Exhibit "E", attached hereto and made a part hereof. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information, and belief. BY: GRENEN & BIRSIC, P.C. Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THISJ~AYOF /~,~oo , r'~ l~o \ 2004. Notam Public I EXHIBIT A / OCT IN TIlE COURT OF COMMON pI.Ra, S OF CUMB~ COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, N0.:2002-04613 VS. ALAN M. D'ONOFRIO, Defendant. ORDER OF COURT ANDNOW, towit, thisJS' dayof't''~ /~ ~,~ ,2002, upon consideration of the within Motion for Special Service of the Complaint in Mortgage Foreclosure AND AI.I. SIJBSEQ~ PI-P. ADINGS pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED AND DECRi~.i~.D that Plaintiff is hereby directed to serve Defendant, Alan M. D'Onofrio, with a true and correct copy of Plaintiff's Complaint, by causing the Sheriff of Cumberland County to post the mortgaged pm, per~., being 65 Oliver Road, Enola, PA ~ ~ h- e'~''~;:' ~ ,~a ~,.~.¢.~. ~3oCbb 17025, and Plaintiffis permitted to serve Defendant, by certified mail, return receipt requested and by first class mail, postage pre-paid at 65 Oliver Road. Enola, PA 17025. Service on the Defendant shall be deemed complete and valid upon such posting and mailing by the Plaintif~ e~l ~ ~ Je EXHIBIT B EXHIBIT C Chase Manhattan Mortgage Corporation VS Alan M. D'Onoffio In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-4613 Civil Term Michael Bardck, Deputy Sheriff, who being duly sworn according to law, states that on December 08, 2003 at 11:00 o'clock AM, 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: Alan M. D'Onofrio, by posting the premises located at 65 Oliver Road, Enola, PA pursuant to order of court, according to law. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on January 13, 2004 at 8:51 o'clock A.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 Alan M. D'Onofrio located at 65 Oliver Road, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Alan M. D'Onofrio, by regular mail to his last known address of 65 Oliver Road, Enola, PA 17025. This letter was mailed under the date of January 12, 2004 and returned to the Sheriffs Office on January 20, 2004 as unclaimed. Sworn and subscribed to before me This day of 2004, A.D. Prothonotary R. Thomas Kline, ~Sheriff Real Estate~eputy EXHIBIT D PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland. Rich Canazaro, Internet Director .of THE SENT NEL, 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 establlsbed 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 January28,2004 Affiant further deposes that he ia 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~~ Janua~ Sworn day ~ ~-~ /~-~.~.~ and~u~3s,cr~l~ed befor~ m~ this 29 ~ ~,1 Ja~ _.. ~0~4. - /~ x ~ ~otary Public My commission expires: I NOTARIAL SEAL APRIL D. SHEAFFER, Notary Public Carlisle, Cumberland County IMy Commission F~es April~6_J2., 2006 EXHIBIT E 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 toeal courts as the official legal periodical for the publication of ail 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 30, 2004 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 tree. SWORN TO AND SUBSCRIBED before me this 30 day of JANUARY, 2004 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Division No.: 2002-4613 CHASE MANI-IATrAN MORTGAGE CORPORATION, Plaintiff, vs. ALAN M. D'OIqOFRIO, Defendant. Notice of Sheriffs Sale of Real E~- tate on March 3, 2004 at 10:00 A.M. in the Commissioners Hearing P~om, 2nd floor, Cumberland County Court- house, Carlisle, PA 17013. ALL the right, tifie, interest and claim of Alan M. D'Onofrlo of, in and to the following described property: ALL the following described real estate situated in E. Pennsboro Twp., Cumberland Co~mty, Pennsyl- va~a. Having erected thereon a dwel- ling being known and numbered as 65 Oliver Road, Enola, PA 17025. DBV 188, Page 810, and Tax Map 09-13-1002/parcel 023. Chase Manhattan Mortgage Cor- poration v. Alan M. D'Onofrio, at Ex- ecution No. 2002-4613 in the amount of $90,889.11. Schedule of Distribution will be filed by the Sheriff on the date speci- fied by the Sheriff no later than thirty (30) days from sale date. Dis- tributions wtil be made in accor- dance with the schedule unless ex- ceptions are filed within ten (10) days of the filing of the Schedule. KP, ISTINE M. AN'THOU, ESQUIRE GRENEN & BIRSIC, P.C. One Gateway Center, 9 West Pittsburgh, PA 15222 (412) 281-7650 Jan. 30 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATION, VS. Plaintiff, ALAN M. D'ONOFRIO, Defendant. CIVIL DiVISION ISSUE NUMBER: NO.: 2002-4613 TYPE OF PLEADING: Pa. R.C.P. RULE 3129.2(c)(2) PURSUANT TO RULE 3129.1 LIENHOLDER AFFIDAVIT OF SERVICE CODE- FILED ON BEHALF OF PLAINTIFF: Chase Manhattan Mortgage Corporation SALE DATE: 3/3/04 COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE MANHATTAN MORTGAGE CWIL DiVISION CORPORATION, Plaintiff, VS. ALAN M. D'ONOFRIO, Defendant. NO.: 2002-4613 Pa. R.C.P. RULE 3129.2(c)(2) LIENHOLDER AFFIDAVIT OF SERVICE I, Kristine M. Anthou, Esquire, Attorney for Plaintiff, Chase Manhattan Mortgage Corporation, being duly sworn according to law, deposes and makes the following Affidavit regarding service of the notice of the sale of real property on all persons named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1, as well as all persons named in Plaintiff's Supplemental Affidavit pursuant to Rule 3129.1 as follows: 1. By letters dated January 14, 2004, undersigned counsel served all persons (other than the Plaintiff) named in Paragraphs 3 through 7 of Plaintiff's Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective addresses set forth in the Affidavit Pursuant to Rule 3129.1. True and correct copies of said Affidavit Pursuant to Rule 3129.1 and Certificates of Mailing and any letters, if returned as of this date, are marked Exhibit "A", attached hereto, and made a part hereof. 2. By letter dated January 16, 2004, undersigned counsel served the persons named in Plaintiff's Supplemental Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective address set forth in the Supplemental Affidavit Pursuant to Rule 3129.1. A true and correct copy of said Supplemental Affidavit Pursuant to Rule 3129.1 and Certificate of Mailing are marked Exhibit "B", attached hereto, and made a part hereof. I verify that the facts contained in this Affidavit are tree and correct based upon my personal knowledge, information and belief. BY: GRENEN & BIRSIC, P.C. Kristin~M. Anthou/Esquire Attorney for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Sworn to and subscribed before me this [~lay of ~:::~',~ , ~,, ~,.~004. Notary Public COMMONWEALTH OF PENNSYLVANIA Pall, da A. Townsend, No~ay pub#c My E~res June 2, 2007 EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.:2002-4613 Plaintiff, VS. ALAN M. D'ONOFRIO, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Chase Manhattan Mortgage Corporation, Plaintiffin the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Alan M. D'Onofrio located at 65 Oliver Road, Enola, Pennsylvania 17025 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF ALAN M. D 'ONOFRIO OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN E. PENNSBORO TWP., CUMBEILLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 65 OLIVER ROAD, ENOLA, PA 17025. DBV 188, PAGE 810, AND TAX MAP 09-13-1002 / PARCEL 023. 1. The name and address of the owner or reputed owner: Alan M. D'Onofrio 2. The name and address of the defendant in the judgment: Alan M. D'Onofi'io 65 Oliver Road Enola, PA 17025 65 Oliver Road Enola, PA 17025 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Chase Manhattan Mortgage Corporation [PLAINTIFF] 4. The name and address of the last record holder of every mortgage of record: Chase Manhattan Mortgage Corporation Wells Fargo Financial, Inc. [PLAINTIFF] 208 N. 3'~ Street, Suite 110 Harrisburg, PA 17101 5. The name and address of every other person who has any record lien on the property: Cumberland County Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Dept. Of Revenue Bureau of Individual Taxes Inheritance Tax Division Dept. 280601 Harrisburg, PA 17128-0601 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: NONE I verify that the statements made in the Affidavit are U~e and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. SWORN to and subscribed before me this ~ day of~ 2003. bE Notary Public GRENEN & BnlsIC, P.C. Kristine M. Anthou, Esquire Attorney for Plaintiff 'EXHIBIT B IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATION, VS. Plaintiff, ALAN M. D'ONOFRIO, Defendant. CIVIL DIVISION ISSUE NUMBER: NO.: 2002-4613 TYPE OF PLEADING: SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 CODE - FILED ON BEHALF OF PLAINTIFF: Chase Manhattan Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SALE DATE: 3/3/04 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE MANHATTAN MORTGAGE CIVIL DIVISION CORPORATION, Plaintiff, NO.: 2002-4613 VS. ALAN M. D'ONOFRIO, Defendant. SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) 3/3/04, Plaintiff in the above-captioned action files the instant Supplemental Affidavit Pursuant to Rule 3129.1. The information identified below is in addition to the information previously identified in the Affidavit Pursuant to Rule 3129.1. As of the date that the Praecipe for Writ of Execution was filed, the information set forth below was of record concerning the real property of Alan M. D'Onofrio located at 65 Oliver Road, Enola, Pennsylvania 17025, and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF ALAN M. D'ONOFRIO OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN E. PENNSBORO TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 65 OLIVER ROAD, ENOLA, PA 17025. DBV 188, PAGE 810, AND TAX MAP 09-13-1002 / PARCEL 023. 1. The name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: East Pennsboro Township 98 S. Enola Drive Enola, PA 17025 I verify that the statements made in the Supplemental Affidavit are tree and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Kristine M. Anthoff, Esquire Attorney for Plaintiff SWORN TO and SUBSCRIBED BEFORE ME THIS k~hDAYOF ~_~39t~,~ ,2004. Notary Public COMMONWEALTH OF PENNSYLVANIA ~AL SERvrcE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOFS NOT Received From: One p~ece of orditlary ma:i addreSsed to; PS Form 381?, January 2001 ~-C,~ '50'-047._ b'Or~,~_lai~) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATION, VS. Plaimiff, ALAN M. D'ONOFRIO, Defendant. CIVIL DIVISION ISSUE NUMBER: NO.: 2002-4613 TYPE OF PLEADING: SUPPLEMENTAL AFFDAVIT PURSUANT TO RULE 3129.1 CODE- FILED ON BEHALF OF PLAINTIFF: Chase Manhattan Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SALE DATE: 3/3/04 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE MANHATTAN MORTGAGE CIVIL DIVISION CORPORATION, Plaintiff, NO.: 2002-4613 VS. ALAN M. D'ONOFRIO, Defendant. SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) 3/3/04, Plaintiff in the above-captioned action files the instant Supplemental Affidavit Pursuant to Rule 3129.1. The information identified below is in addition to the information previously identified in the Affidavit Pursuant to Rule 3129.1. As of the date that the Praecipe for Writ of Execution was filed, the information set forth below was of record concerning the real property of Alan M. D'Onofrio located at 65 Oliver Road, Enola, Pennsylvania 17025, and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF ALAN M. D'ONOFRIO OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED 1N E. PENNSBORO TWP., CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 65 OLIVER ROAD, ENOLA, PA 17025. DBV 188, PAGE 810, AND TAX MAP 09-13-1002 / PARCEL 023. 1. The name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: East Pennsboro Township 98 S. Enola Drive Enola, PA 17025 I verify that the statements made in the Supplemental Affidavit are tree and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Kristine M. Anthm(, Esquire Attorney for Plaintiff SWORN TO and SUBSCRIBED BEFORE ME THIS i(~DAY OF ~_ }'55'11,~,f~,~. , 2004. Notary Public COMMONWEALTH OF PENNSYLV~IA 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 SFJV-2002-1 LLC is the grantee the same having been sold to said grantee on the 3rd day of March A.D., 2004, under and by virtue ora writ Execution issued on the 3rd day of December, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number ~4613, at the suit of Chase Manhattan Mtg Cory against Alan M D'Onoffio is duly recorded in Sheriff's Deed Book No. 262. Page 854. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this O~y'~ dayof ~~corder of I~,~ Chase Manhattan Mortgage Corporation VS Alan M. D'Onofrio In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-4613 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on December 08, 2003 at 11:00 o'clock AM, 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: Alan M. D'Onofrio, by posting the premises located at 65 Oliver Road, Enola, PA pursuant to order of court, according to law. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on January 13, 2004 at 8:51 o'clock A.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 Alan M. D'Onofrio located at 65 Oliver Road, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Alan M. D'Onofrio, by regular mail to his last known address of 65 Oliver Road, Enola, PA 17025. This letter was mailed under the date of January 12, 2004 and returned to the Sheriff's Office on January 20, 2004 as unclaimed. 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 3, 2004 at 10:00 o'clock A.M. He sold the same for the sum orS1.00 to Attorney Kfistine Anthou for SFJV-2002-1, LLC. It being the highest bid and best price received for the same, SFJV-2002-1, LLC of 7485 New Horizon Way, Frederick, MD 21703, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $884.64, it being costs. Sheriff's Costs: Docketing $30.00 Poundage 17.35 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 20.70 Levy 15.00 Surcharge 20.00 Posting 6.00 Law Journal 339.80 Patriot News 270.97 Share of Bills 29.32 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 884.64 Sworn and subscribed to before me This ~ ~ day of 2004, A.D. ~-tt-'- XPfothonotary So Answers: R. Thomas Kline, Sheriff Real Estate'Deputy Real Estate Sale # 59 On December 05, 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 65 Oliver Road, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 05, 2003 By: Real Estate~Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the Jaws 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 Th~ 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 20th and 27th day(s) of January and the 3rd day(s) of February 2004. 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~us Book "M", Volume 14, Page 317. PUBLICATION C O P Y Sworn to and sub~crib~ be~ore I]~i~is 23rd day/O~ F, eb,~ 2004 A.D, My Commission Expires June 6, 2006 NOTARY PUBLIC Member, PetUnia Assscia~on Of Ncta~es My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY' COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 270.97 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. 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 primed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 16, 23, 30, 2004 Affiant further d~poses 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 E~TA~ SALE NO. 59 Writ No, 2002-4613 Civil Chase Manhattan Mortgage Corporation VS, Alan M. D'Onofrio Atty.: Kristine Anthou LONG FORM DESCRIPTION ALL THAT CERTAIN tract or par cel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberlm~d and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to Wit: BEGINNING at a point on the northeastern line of Oliver Road, said point being a distance of one hundred thirty one (131) feet in a northerly direction from the north- western corner of the intersection of Oliver Road and Louis Lane (South); thence in a northerly direc- ~'~a ~afi effCo(~yne, ~tor~ SWORN TO AND SUBSCRIBED before me this 30 day of JANUARY 2004 NO-I.~AW~.-rSE^L ~' LOIS E. SNYDER, Notary public Carlisle Bom, Cumbedand County My Commission Expires March 5, 2005 East Pennsl)m'o in tile Cmmty Cumberland and Commonwealth of Pennsylvania. ~ilore particularly bmmded and described as follows, to wkt: BEGINNING at a point on the northeastern linc of Oliver Road, said point being a distance of one hundred thirty one (131) feet in a northerly direction from the north- western corner of the irltersection of Oliver Road and Louis Lane (Souih]; thence in a northerly direc tlon along Oliver Road by a curve to the left having a radius of three hun dred six~/y (360} feet. the arc dis- tance of fifty-uine and seventy-two hundredths (59.72) feet to a point on lhe dividing line between Lots Nos. 66 and 65 on the bereinafter mentioned plan; lhence along said dividing line North l~)rty eight (481 degrees four {041 minutes East, for a distance of one hundred eleven and nineteen hundredths (111.19) feet to a point; thence South forty-six (461 degrees East, for a distance of eighty and five hundredths [80,051 feet to a point on the dividing line between Lots Nos. 64 and 65. thence along said dividing line South fifty-seven (57) degrees thirty four (34) minutes thirty (30) seconds West. for a distance of one hundred twenty three and five tenths 1123.5) feet to a point, said point marking the place of BEGINNING, BEING Lot No. 65 on a Plan of Lots of Louis Park, prepared by Roy M. H. Benjamin, Professio~ai Engi- neer. dated April 15, 1968 and corded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 5 at page 50. BEING known and numbered as 65 Oliver Road, BEING the same prer~ses which Robert J. Jones and Coleen J, Jones, by Deed dated October 30, 1998 arid recorded in the Office of the Recorder of Deeds of Cumber land County on November 6, 1998, in Deed Book Volume 188, Page 810, granted and conveyed unto Alan M. D'Onofrio. Tax Map 09-13-1002/Parcel 023. L01S E. SNYDER, N0tan/Public Carlisle Boro, Cumbeitand County My CommiSsion Expires Mamh 5,