HomeMy WebLinkAbout03-1715
FEDERMAN AND PHELAN, LLP
By: FRANK FEDERMAN, ESQ., Id. No. 12248
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000
CENDANT MORTGAGE CORPORATION, F/KJA
PHH US MORTGAGE CORPORATION
4001 LEADENHALL ROAD
MOUNT LAUREL, NJ 08054
A TIORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff
TERM
NO. 03 - I7/S (l/""c-TfIl..'\.
CUMBERLAND COUNTY
v.
CONSTANCE M. CHICHESTER
22 SOUTH EAST STREET
CARLISLE, P A 17013
Defendant( s)
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT
A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
You have been sued in Court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and filing in writing W\\i;~e court
your defenses or objections to the claims set forth against you. You are warned tftlt'tryou 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 LA WYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LffiERTY AVENUE
CARLISLE, P A 17013
(717) 249-3166
Loan #: ??oo988592
IF TIDS IS THE FIRST NOTICE THAT YOU HAVE
RECEIVED FROM THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF
THE DEBT OR ANY PORTION THEREOF. IF
DEFENDANT(S) DO SO IN WRITING WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL
OBTAIN AND PROVIDE DEFENDANT(S) WITH
WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO
BE VALID. LIKEWISE, IF REQUESTED WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL
SEND DEFENDANT(S) THE NAME AND ADDRESS
OF THE ORIGINAL CREDITOR, IF DIFFERENT
FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT
UNTIL THE END OF THE THIRTY (30) DAY
PERIOD FOLLOWING FIRST CONTACT WITH
YOU BEFORE SUING YOU TO COLLECT THIS
DEBT. EVEN THOUGH THE LAW PROVIDES
THAT YOUR ANSWER TO THIS COMPLAINT IS
TO BE FILED IN THIS ACTION WITHIN TWENTY
(20) DAYS, YOU MAY OBTAIN AN EXTENSION OF
THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A
JUDGMENT UNTIL THE EXPIRATION OF THIRTY
(30) DAYS AFfER YOU HAVE RECEIVED THIS
COMPLAINT. HOWEVER, IF YOU REQUEST
PROOF OF THE DEBT OR THE NAME AND
ADDRESS OF THE ORIGINAL CREDITOR WITHIN
THE THIRTY (30) DAY PERIOD THAT BEGINS
UPON YOUR RECEIPT OF THIS COMPLAINT,
THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR
OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO
YOU. YOU SHOULD CONSULT AN ATTORNEY
FOR ADVICE CONCERNING YOUR RIGHTS AND
OBLIGATIONS IN THIS SUIT.
1. Plaintiff is
CENDANT MORTGAGE CORPORATION, FIK.IA PHH US
MORTGAGE CORPORATION
4001 LEADENHALL ROAD
MOUNT LAUREL, NJ 08054
2. The name(s) and last known address(es) of the Defendant(s) are:
CONSTANCE M. CHICHESTER
22 SOUTHEAST STREET
CARLISLE, P A 17013
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 01/15/99 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the
Recorder of CUMBERLAND County, in Mortgage Book No. 1513, Page 1056.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 03/01/2002 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of mortgagor to make such payments after a date specified
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
6. The following amounts are due on the mortgage:
Principal Balance
Interest
02/01/2002 through 04/11/2003
(per Diem $11.69)
Attorney's Fees
Cumulative Late Charges
01/15/1999 to 04/11/2003
Cost of Suit and Title Search
Subtotal
$54,286.61
5,085.15
850.00
240.18
$ 750.00
$ 61,211.94
Escrow
Credit
Deficit
Subtotal
TOTAL
0.00
1,275.09
$ 1.275.09
$ 62,487.03
7. The attorney's fees set forth above are in conformity with the mortgage documents and
Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs
Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be
charged.
8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's
Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or
Notice of Default as required by the mortgage document, as applicable, have been sent to
the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by
said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff
or an authorized consumer credit counseling agency, or has/have been denied assistance
by the Pennsylvania Housing Finance Agency.
9. This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$ 62,487.03, together with interest from 04/11/2003 at the rate of $11.69 per diem to the date of
Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and
sale of the mortgaged property.
N AND P~EL~Lr/ J A / -
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/s/Francis S. Hallinan .
FEDERMAN, ESQUIRE
RENeE T. PHELAN, ESQUIRE
CIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
-
ALL THAT CERTJUN lot of ground situate on tho West side of South Italll: Street in the Bot'Ous}1 oC
CarlisI';; County .)! Cumberland, and State of Pennsylvania.. bounded and described.. [OUCNrS:
ON the E-..t by South East Street: on the South by property formerly oC Mrs. Anna B. Eppley, now
or formerly of Lytlia. Gris.inget; on the West by prope~ now or late of Miss E. C. Smead; and on
the North. by property termerly of Burton Beam.. now or formerly of Jam.. A. Bair.
CONTAINING 20 feet, more or Ie.., in &ont aD. said South 1!:ast Street, and extending in depth 60
feet to said propc.ny now or late: of Mi.. E. C. Smead.
HAVING THERE')N ERD:CTEO a two story brlclc dwelling house and other improvem.ents known
~ numbered as 22 S. Ea.:lt S~eet, Carlisle, Penc.sylVN1ia.
BeING THE SAMe: PREMISES wbich Julio A. Balcer, now Julie A.. Moore and. Randall K. Baker, her
husband, by tbe<r Deed datecl March 30, 1994 and recorded April 5, 1994 in the Omce of the Re-
,c' carder orOecds:.n and Cor Cumberland Col.lnty'in Deed Book 103. Page 644, granted and conveyed
1U1to Fred R. Pracht, Jr. and Hope M. Pracht, his wite, Grantors herein.
,'!t!""
VERIFICATION
MARC J. HINKLE hereby states that he is V.P. ofCENDANT MORTGAGE
SERVICES mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this
Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true
and correct to the best of his knowledge, information and belief. The undersigned understands that this
statement is made subject to the penalties of 18 Pat C.S. Sec. 4904 relating to unsworn falsification to
authorities.
PktJl.iJ
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SHERIFF'S RETURN - REGULAR
CASE NO: 2003-01715 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CENDANT MORTGAGE CORPORATION
VS
CHICHESTER CONSTANCE M
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
CHICHESTER CONSTANCE M
the
DEFENDANT
, at 1020:00 HOURS, on the 17th day of April
2003
at 22 SOUTH EAST STREET
CARLISLE, PA 17013
by handing to
TOM WEIDNER, BOYFRIEND
ADULT IN CHARGE
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
Service
Affidavit
Surcharge
So Answers:
18.00
3.45
.00
10.00
.00
31.45
r~~
R. Thomas Kline
04/21/2003
FEDERMAN &
Sworn and Subscribed to before By:
me thi s 7 {J;.::
day of
~/ oJ.(J()..3 A . D .
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Prothonotary ~j
FEDERMAN AND PHELAN, LLP
- By: FRANK FEDERMAN
Identification No. 12248
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SillTE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
CENDANT MORTGAGE CORPORATION, F/KJA
PHH US MORTGAGE CORPORATION
4001 LEADENHALL ROAD
MOUNT LAUREL, NJ 08054
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CML DIVISION
Plaintiff,
v.
NO. 03-1715
CONSTANCE M. CmCHESTER
Defendant(s).
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against CONSTANCE M. CHICHESTER
and, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service
thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as
follows:
As set forth in Complaint
Interest from 4/11/03 to 7/1/03
TOTAL
$62,487.03
$958.58
$63,445.61
I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and
(2) that notice has been given in accordance with Rule 237.1, copy attached.
]1lP1i? )~
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATU'
o .
DATE: 7, 7 _ {j?; l~
PRO PROTHY
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FEDERMAN AND PHELAN
BY: FRANK FEDERMAN, ESQUIRE
Identification No. 12248
1617 John F. Kennedy Boulevard Suite 1400
Philadelphia, PA 19103-1814
(7 1 ~) ~1i1-7000
CENDANT MORTGAGE CORPORATION,
F/K/A PHH MORTGAGE SERVICES
CORPORATION
Attorney for Plaintiff
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff
CUMBERLAND COUNTY
vs.
NO. 03 -1715
CONSTANCE M. CHICHESTER
Defendant
TO: CONSTANCE~. CHICHESTER
22 SOUTH EAST STREET
CARLISLE,PA 17013
DATE OF NOTICE: MAY 9,2003
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.
THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE
INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED
FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS
NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A
DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY.
IMPORTANT NOTICE
You are in default because you have failed to enter a written
appearance personally or by attorney and file in writing with the
court your defenses or objections to the claims set forth against
you. Unless you act within ten (10) days from the date of this
notice, a Judgment may be entered against you without a hearing
and you may lose your property or other important rights. You
should take this notice to a lawyer at once. If you do not have a
lawyer or cannot afford one, go to or telephone the following
office to find out where you can get legal help:
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE,PA 17013
(717) 249-3166
)fl.. (;yf\ P /rR.d.fJ..{.rYHY."Y'r~
~rank Fecterman, Esquire
Attorney for Plaintiff
SHERIFF'S RETURN - REGULAR
"
~ASE NO: 2003-01715 P
-
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CENDANT MORTGAGE CORPORATION
VS
CHICHESTER CONSTANCE M
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
CHICHESTER CONSTANCE M
the
DEFENDANT
, at 1020:00 HOURS, on the 17th day of April
, 2003
at 22 SOUTH EAST STREET
CARLISLE, PA 17013
by handing to
TOM WEIDNER, BOYFRIEND
ADULT IN CHARGE
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
Service
Affidavit
Surcharge
So Answers:
18.00
3.45
.00
10.00
.00
31. 45
r~~~
R. Thomas Kline
.'
A.D.
04/21/2003
FEDERMAN & PHEIl
By: ~;J \
//IDe~~iff
II
~
Sworn and Subscribed to before
me this
day of
Prothonotary
(Rule of Civil Procedure No. 236) - Revised
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CENDANT MORTGAGE CORPORATION, FfKlA
PHH US MORTGAGE CORPORATION
4001 LEADENHALL ROAD
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff,
v.
NO. 03-1715
CONSTANCE M. CmCHESTER
Defendant(s).
By:
EPUTY
If you have any questions concerning this matter, please contact:
J~~
FRANK FEDERMAN. ESQUIRE
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHNF. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND TIllS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD
NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN
AGAINST PROPERTY."
FEDE~ANandPHELAN,LLP
By: FRANK FEDE~AN
Identification No. 12248 ATTORNEY FOR PLAINTIFF
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BL YD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
CENDANT MORTGAGE CORPORATION, FOOA
PHH US MORTGAGE CORPORATION CUMBERLAND COUNTY
4001 LEADENHALL ROAD COURT OF COMMON PLEAS
CML DIVISION
Plaintiff,
v.
NO. 03-1715
CONSTANCE M. CmCHESTER
Defendant(s).
VERIFICATION OF NON-MILITARY SERVICE
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that on information and belief, he has knowledge of the following facts,
to wit:
(a) that the defendant(s) is/are not in the Military or Naval Service of the United States
or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress
of 1940, as amended.
(b) that defendant CONSTANCE M. CHICHESTER is over 18 years of age and
resides at, 22 SOUTH EAST STREET, CARLISLE, PA 17013.
This statement is made subject to the penalties of 18 Pat C.S. Section 4904 relating to
unsworn falsification to authorities.
JJ1.MIii 1~
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
/
LEGAL DESCRIPTION
ALL THAT CERTAIN lot of ground situate on the Wm side of South East Street in Ihe Borough. of
Carlisle, County of Cumberhu1d and State of Pennsylvania, bounded and described as foUoW!l:
ON tbe East by South East Street on the South by ptopetty fol"lIll:ll'Ly of Mrs. AllJla B. Eppley, now of
funnedy of Lydia Grissinger; ()n tile West by property now or IlltC of Min E.C. Smead; and on the
North by property fonnerly of Burton Beam, now or formerly of JlUDCs A. Baa.
CONTAlNlNG 20 feet. more or less, in front on said South Basi Street and extending in depth 60 feet
to said property now Of late of Miss E. C. smead.
HAVING thereon erected a two story brick dwelling house: and other improvements known and
numbered as 22 S. East Street, Carlisle, Pennsylvania.
Tax Parcel #0321-0318-018
l1Tl.F. TO SAID PREMISES IS YESrnD IN Constance M. Chlchester, single WOO'l8n by Deed
from Fred R. Pracht, Jr. and Hope M. Pracbt, his wife. dated 1I151l999 and recorded If20/1999
in Deed Book 192, Page 1073.
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FEDE~ANandPHELAN,LLP
By: FRANK FEDE~AN
Identification No. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SillTE 1400
PHlLADELPIDA, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
CENDANT MORTGAGE CORPORATION, FfKlA
PHHUSMORTGAGECORPORATION
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
v.
CIVIL DIVISION
CONSTANCE M. CIDCHESTER
NO. 03-1715
Defendant(s).
CERTIFICATION
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
() an FHA mortgage
() non-owner occupied
() vacant
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pat C.S. Section 4904 relating to unsworn
falsification to authorities.
JfIMIi< 3~A>LM-l
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
CENDANT MORTGAGE CORPORATION, FfK/A
PHHUSMORTGAGECORPORATION
Plaintiff,
v.
No. 03-1715
CONSTANCE M. CIllCHESTER
Defendant(s).
....../'
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
$63,445.61
Interest from 7/1103 to DECEMBER 10,2003
(per diem -$10,43)
$1,689.66 and Costs
TOTAL
$65,135.27
J~d~
FRANK FEDERMAN, ESQUIRE
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
Attorney for Plaintiff
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LEGAL DESCRIPTION
ALL THAT CERTAIN Jot of ground situate on the West side of South .East Street in dte Borough of
Carlisle. County of Cumberland and State of Pennsylvania, bounded and described lIS folloWll:
ON the East by South East Street on the Saudt by property fom:ll:rly of Mrs. AllII.ll B. Eppley. now or
formerly of .Lydia GrissiDger; on the West by property now or late of Miss E.C. Smead; and on the
North by property forml'l'ly of Burton Beam, now or formerly of James A. Bair.
CONTAINING 20 feet, more or less, in front on said South. East Street and extooding in depth 60 feet
to said property now or late of Miss E. C. smead.
HAVING thereon erected a two storY brick dwelling house and other improvements known and
numtlered as 22 S. East Street. Carlisle, Pennsylvania.
Tax Parcel #0321-0318-018
1m.R TO SAID pREMrSES IS V1lSJED IN Constance M. ChIchester, single wQIIlan by Deed
from Fred R. Pracht, Jr. and Rope M. Pracht. his wife, dated 1f15fl999 and rerorded 1120/1999
in Deed Book 192, Page 1073.
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CENDANT MORTGAGE CORP., F/K1A PHH US
MORTAGE CORP. Plaintiff (s)
From CONSTANCE M. CHICHESTER, 22 S. EAST ST., CARLISLE PA 17013.
NO 03-1715 Civil
CIVIL ACTION - LAW
(1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE
LOCATED AT 22 S. EAST ST., CARLISLE PA 17013 (SEE LEGAL DESCRIPTON).
(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; (h) the garnishee(s) is enjoined from
paying any deht to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) Ifproperty 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 bimlher that he/she has heen added as a
garnishee and is enjoined as ahove stated.
Amount Due $63,445.61
L.L. $.50
Interest 7/1103 - 12/10/-3 @ $10.43 PER DIEM - $1,689.66
Arty's Comm % Due Prothy 1.00
Atty Paid $113.45 Other Costs
Plaintiff Paid
Date: JULY 7, 2003
(Seal)
CURTIS R. LONG
prothBtary J I
By: . ~ f't
( De ty
REQUESTING PARTY:
Name FRANK FEDERMAN, ESQillRE
Address: ONE PENN CENTER s SSUBURBAN STATION
1617 JFK BLVD., SillTE1400
PHILADELPIDA PA 19103-1814
Attorney for: PLAINTIFF
Telephone: (215) 563-7000
Supreme Court ID No. 12248
CENDANT MORTGAGE CORPORATION, FfKJA
PHH US MORTGAGE CORPORATION
CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
CONSTANCE M. CmCHESTER
NO. 03-1715
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No.1)
CENDANT MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION,
Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date
the Praecipe for the Writ of Execution was filed the following information concerning the real property
located at, 22 SOUTH EAST STREET, CARLISLE, PA 17013.
1. Name and address ofOwner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
CONSTANCE M. CHICHESTER
22 SOUTH EAST STREET
CARLISLE, P A 17013
2. Name and address ofDefendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Narne
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
PENNSYLVANIA HOUSING
FINANCE AGENCY
2101 NORTH FRONT STREET
HARRISBURG, PA 17105
CITlFINANCIAL, INC.
1 VALLEY STREET, SUITE 103
CARLISLE, PA 17013
S. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Narne and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
22 SOUTH EAST STREET
CARLISLE, P A 17013
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department ofWeIfare
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pat C.S. Sec. 4904 relating to unsworn falsification to authorities.
Ju1v I. 2003
DATE
3~ J~-1h>1"'"
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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CENDANT MORTGAGE CORPORATION, FIK/A
PHH US MORTGAGE CORPORATION
Plaintiff,
CUMBERLAND COUNTY
No. 03-1715
v.
CONSTANCE M. CmCHESTER
Defendant(s).
July I, 2003
TO: CONSTANCE M. CHICHESTER
22 SOUTH EAST STREET
CARLISLE, P A 17013
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."
Your house (real estate) at. 22 SOUTH EAST STREET. CARLISLE. PA 17013. is scheduled
to be sold at the Sheriff's Sale on DECEMBER 10. 2003 at 10:00 a.m. in the Cumberland County
Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $63.445.61
obtained by CENDANT MORTGAGE CORPORATION. F/K/A PHH US MORTGAGE
CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement
will be rnade at said sale in compliance with Pa.R.C.P., Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you win have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
L If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You maybe able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may can (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the fun amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share ofthe money which was paid for your house. A schedule of
distribution of the money bid for your house win be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7 . You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, P A 17013
(717) 249-3166
(800) 990-9108
LEGAL DESCRIPTION
ALL THAT CERTAIN lot of ground situate on the West side of South East Street in Ibe Borough of
Carlisle, County of Cumberland and State of Pennsylvania, bOlWded and described as folloW!!:
ON lhe East by Soulh East Street 011 the South by property fOl111el'ly of Mrs. Anna B. Eppley, nawor
formerly of Lydia OrissiDger; Oll r.he West by property now or late of Miss E.C. Smead; and on the
N(lrth by property f(lnnerly of Burton Beam, now or formerly of James A. Bair.
CONTAINING 20 feet, more or less, in front on said South East Street and extending in depth 60 feet
to $aid property now or late of Miss E. C. smead.
HAVING thereon erected a two story brick dwelling house and other improvements known and
numbered as 22 S. East Street, Carlisle, Penniylvania.
Tax Parcel #0321-0318-018
1TIT.R TO SAID PREMISES lS VF.8TF.D IN Constance M. Chichesrer, llingle woman by Deed
from Fred R. Pracht. Jr. and Nope M. .Pracht. his wife. dated ((15/1999 and recorded 1120/1999
in Deed Book 192, Page 1073.
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AFFIDAVIT OF SERVICE'
CUMBERLAND COUNTY
KMD
PLAINTIFF
CENDANT MORTGAGE CORPORATION,
FfKlA PHH US MORTGAGE
CORPORATION
No. 03-1715
AGel. #0000988592
DEFENDANT(S)
CONSTANCE M. cmCHESTER
Type of Action
_ Notice of Sheriff's Sale
Sale Date: DECEMBER 10, 2003
CRVED ~ {t.
Servedandmadeknownto C~<5~'" t-\ ,Q \&,~fendant,onth" /0 dayof ~y ,2003
at (;:;3", o'clock~.m., at;;;(-;;}... S ( ;;-8'6+- sf. / G..&.l-;;<:;, t~ ,Commonwealth
of Pennsylvania, in the manner described below:
Defendant personally served. ...., ( I ~ ~ -t-;:.
Adult family member with whom Defendant(s) reside(s). Relationship is (...:0 'Ii'-~IO "llU I 0 "y
Adult in charge of Defendant(s)'s residence who refused to give name or relationship. bj 'l. ~~ e Vl'~
Manager/Clerk of place oflodging in which Defendant(s) reside(s).
Agent or person in charge ofDefendant(s)'s office or usual place ofbusines8.
an officer of said Defendant(s)'s company.
~
Other:
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Description: Age ~ Height SID Weight /80 Race INk sexl-t.- Other 5ko~\-- ~;',rt.
I, /-..vc',\\ ~ \\ I G-<L ~t ' a competent adult, being duly sworn according to law, depose and state that I personally handed
a true and correct copy of the N hce of Shenff's Sale m the manner as set forth herem, Issued m the caphoned case on the date and at
the address indicated above.
MOTARIAL SEAL
d ~ 1l\;d BRABElHM.JOHANSSON. NolaIyNllG
Sworn to an . su sc e Greene Twp.. Frankfln County
before ml' this ~ ay t.Iy Commlsalon ExpiI8s Dee. 19.2005
Of~J\ ,200':; ~ -/' ~
Notary: "~~~: .<~ cf
PLEA ATTEMP SERVICE AT LEAST 3 TIMES. INDICATE DAn:S & TIMES OF SERVICE ATTEMPTED.
NOT SERVED
On the day of
,200_, at
o'clock _.m., Defendant NOT FOUND because:
Moved Unknown
No Answer
Vacant
1 ,I Attempt:
/
/
Time:
2nd Attempt:
/
/
Time:
3rd Attempt:
/
/
Time:
Sworn to and subscribed
before me this _ day
of ' 200 _'
Notary:
By:
Attornev for Plaintiff
Frank Federman, Esquire - I.D. No. 12248
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IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CENDANT MORTGAGE
CORPORATION, F/K1A PHH US
MORTGAGE CORPORATION
) CIVIL ACTION
)
vs.
,
CONSTANCE MI CHICHESTER
) CIVIL DIVISION
) NO. 03-1715
:
AEtIDA VIT OF SERVICE PURSUANT TO RULE 3129
i
COM MONWEALIrH OF PENNSYLVANIA
COU:-JTY OF CUMBERLAND
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SS:
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I, FRANK fEDERMAN, ESQUIRE attorney for CENDANT MORTGAGE
,
CORPORATJON F/KlA PHH US MORTGAGE CORPORATION hereby verify
that 011 July 7, 200~ true and correct copies ofthe Notice of Sheriffs sale were served by
I
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certj ficatc of l1lai]in~ to the recorded lienholders, and any known interested party see
Exhil,;t ''A'' attache~ hereto.
DATE: October 30,~
1: JUlJ111?{j JJun(jj/)
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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Cendant Mortgage Corporation flkla
PHH US Mortgage Corporation
VS
Constance M. Chichester
In The Court of Common Pleas of
Cumberland County, Permsylvania
Writ No. 2003-1715 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED pursuant to instructions from Attorney Frank Federman.
Sheriffs Costs:
Docketing
Poundage
Advertising
Posting Handbills
Levy
Surcharge
Service
Law Journal
Patriot News
Law Library
Prothonotary
Postpone Sale
Share of Bills
30.00
11.47
15.00
15.00
15.00
20.00
6.90
214.25
207.19
.50
1.00
20.00
28.90
$ 585.21 paid by attorney
03/05/04
Sworn and subscribed to before me So Answers:
. ,t...> '->>~. ~1'/~r!;-" /~
ThlS~_::_ day of 1YUu.J..-J ,~~- - ?e:'-e.e
/1 - R. Thomas Kline, Sheriff
2004, AD. "-f<t'" ' () 'rudJ&..., ~. J ~~ -n.
BY, {J ~
Prothonotary Real Est Deputy
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fa,..
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THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Joseph A. Dennison, being duly Sworn according to law, deposes and says:
That he is the Assl. 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~
Sundav 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 estabiished 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 28th day(s) of October and the 4th and 11th
day(s) of November 2003. That neither he nor said Company is interested in the subject matter of said printed
notice or advertising, and that all of the allegations of this statement as to the time, place and character of
publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COpy
S ALE #13
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, HAVING ~"... I -......
dwOIIUlc_IIIl"'~i_~
itod III1inbotaI ~22 S: I!ait -',CadI5le.
_Yl_, ,
TuPwit032t-<<lI8-018.
lTIUl 'JUSAlP ~ ;. _ in
Coostan<e M. CIilc:he#, SinIIe ........ by IJe<d
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'!ife,daIed IITslltl;g arid _ 1/2Cll999 in
.. Jl<o![Pon< m.l'aaoJ1l71 '
. ........Il.~~.............
Sworn to subscribed before mfiS 19th davn~ove r 2003 A.D.
NolalialSeal / [/ ~
TatTY L, AusReiI, Notary PlilIi</' { ~ (/ ~
CIty Of Hamsburg, Dauphin eo.. tf L-
My CommiSSion Expires June 6,2006 NARY PUBLIC
, Member. Pennsylvania AssocIalion OfNolal'W!y commission expires June 6, 2006
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PAt 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
$
207.19
Publisher's Receipt for Advertising Cost
publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general
receipt of the aforesaid notice and publication costs and certifies that the same have
By....................................................................
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. 1.1784
STATE OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, ofthe 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 officia11egal
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:
OCTOBER 17, 24, 31, 2003
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
REAL ESTATE SALE NO. 13
Writ No. 2003-1715 Clvll
Cendant Mortgage Corporation.
f/k/a PHH US
Mortgage Corporation
VS.
Constance M. Chichester
Atty.: Frank Federman
LEGAL DESCRIPTION
ALL THAT CERTAIN lot of ground
situate on the West side of South
East Street in the Borough of Car-
lisle. County of Cumberland and
SWORN TO AND SUBSCRIBED before me this
31 day of OCTOBER, 2003
State of Pennsylvania. bounded and
described as follows:
ON the East by South East Street
on the South by property formerly
of Mrs. Anna B. Eppley. now or for-
merly of Lydia Grissinger: on the
West by property now or late of Miss
E.C, Smead; and on the North by
property formerly of Burton Beam.
now or formerly of James ABair.
CONTAINING 20 feet, more or
less. in front on said South East
Street and e>..'iending in depth 60
feet to said property now or late of
Miss E. C. Smead.
HAVING thereon erected a two
stoI}' brick dwelling house and other
improvements known and num~
bered as 22 S. East Street. Carlisle.
Pennsylvania.
Tax Parcel #0321.0318-018.
TITLE TO SAID PREMISES IS
VESTED IN Constance M. Chiches-
ter. single woman by Deed from
Fred R. Pracht. Jr. and Hope M.
Pracht. his wife. dated 1/15/1999
and recorded 1/20/1999 in Deed
Book 192. Page 1073.
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Wilt" , ()
NOTARiAl: SEAL
LOIS E. SNYDER. Notary Public
Ca~isle Boro. Cumberland COIIlly
My Commission Expires M8Id15. 2005
r
lisle, County t.H v....
State of Pennsylvania. bounded and
described as follows:
ON the East by South East Street
on the South by property formerly
of Mrs. Anna B. Eppley. now or for-
merly of Lydia Grissinger; on the
West by property now or late of lVllss
E.C. Smead: and on the North by
property formerly of Burton Beam,
now or formerly of James ABair.
CONTAINING 20 feet. more or
less. in front on said South East
Street and extending in depth 60
feet to said property now or late of
Miss E. C. Smead.
HAVING thereon erected a two
story brick dwelling house and other
improvements known and num-
bered as 22 S. East Street, Carlisle.
Pennsylvania.
Tax Parcel #0321-0318.018,
TITLE TO SAID PREMISES IS
VESTED IN Constance M, Chiches-
ter. single woman by Deed from
Fred R. Pracht. Jr. and Hope M.
Pracht. his wife. daied 111511999
and recorded 1/20/1999 In Deed
Book 192. Page 1073.
I MY"'C~mission ExpIres "'..-.
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
CENDANT MORTGAGE CORPORATION, F/KfA
PHH US MORTGAGE CORPORATION
Plllintiff,
v.
No. 03-1715
CONSTANCE M. CmCHESTER
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
$63,445.61
Interest from 7/8/03-12/8/04
(per diem -$10,43)
$5,423.60 and Costs
TOTAL
$68,869.21
~_k~ci~
FRANK FEDERMAN, ESQUIRE
One Perm Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
Attorney for Plaintiff
Note: Please attach description of property. No.
IMPORTANT NOTICE: This property is sold at the direction of the
plaintiff. It may not be sold in the absence of a representative of
the plaintiff at the Sheriff's Sale. The sale must be postponed or
stayed in the event that a representative of the plaintiff is not
present at the sale.
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AU.. THA'! CERTAIN lot of ground .ilUate on the WtSt side of South East Street in the Ilorougb of
Carlisle, County of Cwnberlaot:J and State of Pennsylvania, bounded and de&erlbed as follows:
ON tlle East by Smull East Strec:t 011 the South by J>I'OP<:l1Y fOITllCtly of Mrs, AIl.1la B. Eppley, now or
fannc:rly of Lyllia GriIlsiDger; an lIIe West by ~ now or late of Miss E.C. SIMad; l1Ild on the
Nc:nth by pmpert}. formerly of IlurtDn Beam, now or fonnerly of lame. A. Bair.
CONTAINING 20 feet, more or less, in front OIl said South East Street and extending in depth 60 feet
to said property now 01 late of Miss B. C. Smead.
HAVING thereon erected a two story brick dwelling hOlL"" IIIld other improvements knowu and
numbered as 22 S. East Street. Carlisle, Pennsylvania.
'l1TJ...E..TO SAm PREMrSES1S VES]'RIlIN Constance M. Chichester, single woman by Occd
from Fred R. Pracht. Jr. and Rope M. Pracht. !lis wife, d!lled 1/1511999 and recorded 112011999
in Det>:I Book 192, Page 1073.
Tax Parcel #0321-0318-018
,
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 03-1715 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CENDANT MORTGAGE CORPORATION, F/K/A
PHH US MORTGAGE CORPORATION, Plaintiff(s)
From CONSTANCE M. CHICHESTER,
(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) Ifproperty 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 notif'y himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $63,445.61
L.L.
Interest FROM 7/8/03 - 12/8/04 (PER DIEM - $10.43) - $5,423.60 AND COSTS
Arty's Comm % Due Prothy $1.00
Atty Paid $711.16 Other Costs
Plaintiff Paid
Date: JULY 26, 2004
(Seal)
CURTIS R. LONG
,Prothono):lJY p ~
~f2?..~. ,<Y,-r-----
Deputy
REQUESTING PARTY:
Name FRANK FEDERMAN, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PIDLADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 12248
FEDERMAN and PHELAN, LLP
By: FRANK FEDERMAN
Identification No, 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHNF. KENNEDY BLVD" smTE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
CENDANT MORTGAGE CORPORATION, F/K/A
PHH US MORTGAGE CORPORATION
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
v.
CIVIL DIVISION
CONSTANCE M. CHICHESTER
NO. 03-1715
Defendant(s).
CERTIFICATION
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
() an FHA mortgage
() non-owner occupied
() vacant
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pat C.S. Section 4904 relating to unsworn
falsification to authorities.
~~J'0lL'~
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
~'..- .,
CENDANT MORTGAGE CORPORATION, F/K/A
PHH US MORTGAGE CORPORATION
CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
CONSTANCE M. CmCHESTER
NO. 03-1715
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No.1)
CENDANT MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION,
Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as ofthe date
the Praecipe for the Writ of Execution was filed the following information concerning the real property
located at, 22 SOUTH EAST STREET, CARLISLE, PA 17013.
1. Name and address ofOwner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
CONSTANCE M. CHICHESTER
22 SOUTH EAST STREET
CARLISLE, P A 17013
2. Name and address ofDefendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
4. Name and address of last recorded holder of every mortgage of record:
Narne
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
PENNSYL VANIA HOUSING
FINANCE AGENCY
2101 NORTH FRONT STREET
HARRISBURG, PA 17105
CITIFINANCIAL, INC.
1 VALLEY STREET, SUITE 103
CARLISLE, PA 17013
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
22 SOUTH EAST STREET
CARLISLE, PA 17013
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of18 Pat C.S. See. 4904 relating to unsworn falsification to authorities.
July 22. 2004
DATE
~ ~'- ~~.9JLJ'('I. ~
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
~-._"'I
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CENDANT MORTGAGE CORPORATION, FfKfA
PHH US MORTGAGE CORPORATION
Plaintiff,
CUMBERLAND COUNTY
No. 03-1715
v.
CONSTANCE M. CHICHESTER
Defendant(s).
July 22, 2004
TO: CONSTANCE M. CHICHESTER
22 SOUTH EAST STREET
CARLISLE, P A 17013
"THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY"
Your house (real estate) at, 22 SOUTH EAST STREET. CARLISLE. PA 17013. is scheduled
to be sold at the Sheriffs Sale on DECEMBER 8. 2004 at 10:00 a.m. in the Cumberland County
Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $63.445.61
obtained by CENDANT MORTGAGE CORPORATION. F/K/A PHH US MORTGAGE
CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement
will be made at said sale in compliance with Pa.R.C,P., Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may can (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the fun amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution ofthe money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
ALl.. THAT CERTAIN lot of ground .ituate on the Weot side of South East Street In die Borough of
Carlisle. COWlty Gf Cwnberland and Stare of l'ennSyl\'l1llia, bounded and de&cribcd as 1\Jllows:
ON Ille East by SellIn East Slreet on lbe South by pI'Op<'rly formerly of MIS, Anna B. Eppley, now or
fotmerlyof Lydia Orissi.ng<:r; till the We$! by pt()pCt'(y IlOW or IlIre of MiIJ$ e.C. Smead: and on the
NQI'fu by pl'Qpcrl}' f(lNnCfly of Burton Beam, now or formerly of James A. Bail'.
CONTAINING 10 foet, more or less, In fronl on said South f?ast: Street and extooding in depth 60 feet
to said property now 01 late of Miss E. C. Smead.
HAVING !hereon erected a two story briek dwelling house and other iml'rovcmeots klIown and
numbered as 22 S. ,East Street. CarI.sle, Pennsylvania.
nn.l1 TO SAID PREMrSES 1S VES)1ID IN Constance M. Chichester, slngIe wOll1an by Deed
from Fred R. Pracbl., Jr. and Hope M. PradJt, his wife, dated 1/15/1999 and recordc;! 1/ZO/i999
in Deed Book 192, Page 1073.
Tax Parcel #0'321-0318-018
,
---..--
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--.......~'"-
AFFIDAVIT OF SERVICE
CUMBERLAND COUNTY
PIT
PLAINTIFF
CENDANT MORTGAGE CORPORATION,
FIKI A PHH US MORTGAGE
CORPORATION
No. 03-1715
ACCT. #0000988592
DEFENDANT(S)
SERVE CONSTANCE M. cmCHESTER AT
22 SOUTH EAST STREET
CARLISLE, PA 17013
CONSTANCE M. cmCHESTER
Type of Action
_ Notice of Sherifrs Sale
Sale Date: DECEMBER 8, 2004
SERVE~ k
Served and made known to ~~at-l ~ e. M, ('llc.- ~ e.~ Defendant, on the ,.-:2.L day of ~ \1 ,200.t
at I" J J.., o'clock fm., at ~;7. 5o",~ f:~& 9&-. / C~ \;, s \ <::..... ,Commonwealth
of Pennsylvania, in the manner described below:
Defendant personally served.
Adult family member with whom Defendant(s) reside(s). Name and Relationship is
Adult in charge ofDefendant(s)'s residence who refused to give name or relalionship.
Manager/Clerk of place oflodging in which Defendant(s) reside(s).
Agent or person in charge of Defendant(s)'s office or usual place of business.
an officer of said Defendant(s)'s company.
Other: 'p,;
dn f' t I wI.. M No ....,\~'>><!.-.s
Descri~tion: Age ~ Height ~ Weight ;2()O Race _ Sex _ Other J
!, C\Olr~ \..l Co.... l, Cdit.~, a ~~etent adult, being duly sworn according to law, depose and state that! personally handed
a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at
the address indicated above.
-j--
~-lv0; h~~ ~
'" 1\\" - \J'~~
b"""e'7 W"\
Sworn to and S~3(t'qed
before me this .o<t(Jay
of ~l ~, 200~
No~J: '~ By'
,fti.t4.J-
PLEASE ATTEMPT SERVI AT L
NOTARIAL SEAL
LUCLLE H. CARTY. NalIry NIle
I Townshlp, F.....
~ A lley !lI1,Expiie Nov.1~
IMES. IND~T~ DATE'~
NOT SERVED
On the
day of
,200_, at
o'clock _.m., Defendant NOT FOUND because:
Moved _ Unknown _ No Answer
Vacant
1 sl Attempt:
/
/
Time:
2nd Attempt:
/
/
Time:
3rd Attempt:
/
/
Time:
Sworn to and subscribed
before me this _ day
of , 200 _'
Notary:
By:
Attornev for Plaintiff
Frank Federman, Esquire - I.D. No. 12248
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Ci
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CENDANT MORTGAGE
CORPORATION, F/K/A PHH US
MORTGAGE CORPORATION
) CIVIL ACTION
)
vs.
CONSTANCE M. CHICHESTER
) CIVIL DIVISION
) NO. 03-1715
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
)
)
SS:
I, FRANK FEDERMAN, ESQUIRE attorney for CENDANT MORTGAGE
CORPORATION. F/K/A PHH US MORTGAGE CORPORATION hereby verify
that on 7/27/04 & 11/18/04 true and correct copies of the Notice of Sheriff's sale were
served by certificate of mailing to the recorded lienholders, and any known interested
party see Exhibit "A" attached hereto.
DATE: November 22, 2004
'~~rUl(L-
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
CENDANT MORTGAGE CORPORATION, F/K/A
PHB US MORTGAGE CORPORATION
CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
CONSTANCE M. CmCHESTER
NO. 03-1715
Defendant( s).
AMENDED AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No.1)
CENDANT MORTGAGE CORPORATION. F/K/A PHH US MORTGAGE CORPORATION,
Plaintiff in the above action, by its attorney, FRANK. FEDERMAN, ESQUIRE, sets forth as of the date
the Praecipe for the Writ of Execution was filed the following information concerning the real property
located at. 22 SOUTH EAST STREET. CARLISLE. PA 17013.
1. Name and address ofOwner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
CONSTANCE M. CHICHESTER
22 SOUTH EAST STREET
CARLISLE, P A 17013
2. Name and address ofDefendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
4. "N"ame and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
PENNSYLVANIA HOUSING
FINANCE AGENCY
2101 NORTH FRONT STREET
HARRISBURG, P A 17105
CITIFINANCIAL, INC.
1 VALLEY STREET, SUITE 103
CARLISLE, P A 17013
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
BOROUGH OF CARLISLE
53 WEST SOUTH STREET
CARLISLE, P A 17013
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
22 SOUTH EAST STREET
CARLISLE~, P A 17013
Domestic Relations of Cumberland County
13 North Ha.nover Street
Carlisle, P A 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 267~5
Harrisburg, P A 171 05
I verify that the statements made in this affidavit are true: and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
November 22. 2004
DATE
~W~
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
03--- /7/6
}SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby ce ify that
the Sheriffs Deed in which Secretary of Veterans Affairs is the grantee the same having been sold to
said grantee on the 5th day of Ian A.D., 2005, under and by virtue of a writ Execution issued n the 26th
day of July. A.D., 2004, out ofthe Court of Common Pleas of said County as of Civil Term, 2 03
Number 1715, at the suit ofCendant Mtg Com fka Phh US Mtg Com against Constance M C chester is
duly recorded in Sheriffs Deed Book No. 267, Page 1824.
IN TESTIMONY WHEREOF, I have hereunto se my hand
..Pt-'
and seal of said office this
day of
ecorder fDeeds
,PA
.2008
"
Cendant Mortgage Corporation
flkla PHH US Mortgage Corporation
VS
Constance M. Chichester
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2003-1715 Civil Term
Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states th t
on August 30, 2004 at 9:51 o'clock AM, he served a true copy of the within Real Estate
Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the
within named defendant, to wit: Constance M. Chichester, by making known unto Tom
Weidner, adult in charge, at 22 South East Street, Carlisle, Cumberland County,
Pennsylvania, its contents and at the same time handing to him personally the said true
and correct copy of the same.
Richard Smith, Deputy Sheriff, who being duly sworn according to law, states
that on October 08,2004 at 12:14 o'clock P.M., he posted a true copy of the within Re I
Estate Writ, Notice, Poster and Description, in the above entitled action, upon the
property of Constance M. Chichester located at 22 South East Street, Carlisle,
Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to the within name
defendant, to wit: Constance M. Chichester, by regular mail to her last known address f
22 South East Street, Carlisle, P A 17013. This letter was mailed under the date of
October 06, 2004 and never returned to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, he exposed the within
described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland
County, Pennsylvania on January 5, 2005 at 10:00 o'clock AM. He sold the same for he
sum of $1.00 to Attorney Daniel Schmieg for Secretary of Veterans Affairs, an Office of
the United States of America. It being the highest bid and best price received for the
same, Secretary of Veterans Affairs, an Officer of the United States of America of 10 0
Liberty Avenue, Pittsburgh, P A 15222, being the buyer in this execution, paid to She ff
R. Thomas Kline the sum of$753.67.
Sheriff's Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
Prothonotary
Mileage
$30.00
14.78
]5.00
15.00
30.00
10.00
1.00
7.40
Levy
Surcharge
Postpone Sale
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriffs Deed
$
15.00
20.00
20.00
209.60
270.97
30.42
25.00
39.50
753.67
so~ P/p'
~ -...,~ ~~
This ~ day of ldLuuh , 1---.4-
: 7 R. Thomas Kline, Sheriff
2005, A.D.l... j,:f' QIn,'Pi11, , # i .
IPr thonotary , BY' . I
Real Estate eputy
Sworn and subscribed to before me
-;) 0-"
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CENDANT MORTGAGE CORPORATION, FIKIA
PHH US MORTGAGE CORPORATION
CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
CONSTANCE M. CHICHESTER
NO. 03-1715
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. I)
CENDANT MORTGAGE CORPORATION FIKlA PHH US MORTGAGE CORP RATION,
Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth s of the date
the Praecipe for the Writ of Execution was filed the following information concerning the eal property
located at, 22 SOUTH EAST STREET, CARLISLE. P A 17013.
L Name and address ofOwner(s) or reputed Owner(s):
Name
Last Known Address (if address calUlOt b
reasonably ascertained, please indicate)
CONSTANCE M. CHICHESTER
22 SOUTH EAST STREET
CARLISLE, P A 17013
2. Name and address ofDefendant(s) in thejudgmenl:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a recor lien on the real
property to be sold:
Name
Last Known Address (if address cann t be
reasonably ascertained, please indicat )
None
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot
reasonably ascertained, please indicate)
PENNSYLVANIA HOUSING
FINANCE AGENCY
2101 NORTH FRONT STREET
HARRISBURG, PA 17105
CITlFINANCIAL, INC.
I V ALLEY STREET, SUITE 103
CARLISLE, PA 17013
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (i f address cannot b
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and hose
interest may be affected by the sale.
Name
Last Known Address (if address cannot b
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has y interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot b
reasonably ascertained, please indicate)
Tenant/Occupant
22 SOUTH EAST STREET
CARLISLE, PA 17013
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of m personal
knowledge or information and belief. I understand that false statements herein are made su . ect to the
penalties of 18 Pat C.S. Sec. 4904 relating to unsworn falsification to authorities.
Julv 22, 2004
DATE
~ ll.N, !7Q dl Q Jl J'l'LJ'\Jiu
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
CENDANT MORTGAGE CORPORATION, F/K/A
PHH US MORTGAGE CORPORATION
Plaintiff,
CUMBERLAND COUNTY
No. 03-1715
v.
CONSTANCE M. CmCHESTER
Defendant(s).
July 22,2004
TO: CONSTANCE M. CHICHESTER
22 SOUTH EAST STREET
CARLISLE, PA 17013
"THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFO
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHA
BANKRUPTCY AND THIS DEBT WAS NOT REAFFfRMED, THIS IS NOT AND SHOULD NOT BE CONS
AN A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ..
ATlON
GEIN
UED TO BE
Your house (real estate) at, 22 SOUTH EAST STREET, CARLISLE, PA 17013, s scheduled
to be sold at the Sheriffs Sale on DECEMBER 8, 2004 at 10:00 a.m. in the Cumberland C unty
Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $6 445.61
obtained by CENDANT MORTGAGE CORPORATION FIKlA PHH US MORTGA E
CORPORATION (the mortgagee) against you. In the event the sale is continued, an anno ncement
will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
l. The sale will be cancelled if you pay to the mortgagee the back payments, la charges,
costs and reasonable attorney's fees due. To find out how much you must pa , you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strik or open the
judgment, if the judgment was improperly entered. You may also ask the C rt to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the m re chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OT ER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidd r. You may
find out the price bid by calling (215) 563-7000.
2. You maybe able to petition the Court to set aside the sale if the bid price was gr ssly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due i the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the wner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to e Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedi gs to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A chedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days oft e sale. This
schedule will state who will be receiving that money. The money will be paid out in accor anee with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed ith the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home bac , if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFIC LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It ma not be sold
in the absence of a reoresentative of the olaintiff at the Sheriff's Sale. The sale m t be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
Au' THAT CERL-'JN lot of ground ,ituate on the We.<t ,ide of South East Street In !he Boro h. of
Cartlste. Couoty o( Cumberland and State of l'ennsylVll1lia, bonnded and described as (ollows:
ON the East by South East Street on the South by pro!","y formedy of Mrs. Ann.1 B. Eppley, ()wor
formerly of Lydia Qrissioget; tin \he West by property now QT late Qf Miss E.C. Smead; and n the
North by property formCfly of Burton Beam, now or formerly of Jame, A. Bair.
CONTAINING 20 feet, more or less, in front on said South EaSt Street and extending in depth 0 feet
to said pro!",rty now or lau: of Miss E. C. Smead.
HAVING thereon erected a two story brick dwelling h(l1JSC and adIer improvements kno
numbered as 22 S.East Street. Carlisle, Pennsylvania.
TITLE TO SAID PREMISES IS VFBTED IN Cnnstance M. Chlchester, flingle WOOl.n by D
from Fred R. Pracht. Jr. and Hope M. Pracht, his wIfe. dated 1/15/1999 and recorded laGf 999
in Deed Book 192, Page 1073.
Tax Parcel #0321-0318-018
,
WRIT OF EXEC.UTION andlor A TT ACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 03-1715 Civil
CIVIL ACTION - LA W
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CENDANT MORTGAGE CORPORATION, FIKlA
PHH US MORTGAGE CORPORATION, Plaintiff (s)
From CONSTANCE M. CHICHESTER,
(I) 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 fro
paying any debt to or for the account of the defendant (s) and from delivering any property of the defend
(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 helshe has been added as
garnishee and is enjoined as above stated.
Amount Due $63,445.61
L.L.
Interest FROM 7/8/03 - 1218/04 (PER DIEM - $10.43) - $5,423.60 AND COSTS
Atty's Comm % Due Prothy $1.00
Atty Paid $711.16 Other Costs
Plaintiff Paid
Date: JULY 26, 2004
CURTIS R. LONG
(Seal)
Deputy
REQUESTING PARTY:
Name FRANK FEDERMAN, ESQillRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 12248
Real Estate Sale #04
On August 18, 2004 the Sherifflevied upon the
defendant's interest in the real property situated in
Carlisle Borough, Cumberland County, P A
Known and numbered as 22 South East Street,
Carlisle, more fully described on Exhibit "A"
Date: August 18,2004
By: J 6 ch))~:tl.
Real Estate' Deputy
~
t::\@
c:;r\\
c::::-;':
G1'J
(ftiJ
filed with this writ and by this reference incorporated herein.
""U,USfHl::Jd
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i 'I :~.: [1 Z ~I.Z ln~
";'.i!
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j
.
REAL ESTATE SALE No. 04
Writ No. 2003-1715
, CIvUTerm
Cendant Mortgage Corp"
f/kla ~HH US Mortgage Corp.
, vs . ,
Constlince M. Chichester, '
Ally:, Frank Federman .
. .DESCij'PTION
'....i'.... >i.';- .....<;...,... v;..:.:.....:~' ~ ~:" ,'.
,,-j
Au:: tHAt CIiRJ'AIN lot Of grO~ situate on
!be West side of Sou1h East Street in !be Borough
of Ca!li~e. COunty. of 'CllIl1lw1aiNf lind Stale of
PenDsylWnia, lxo,ridtld Ond desCtibed as follows:
. ON Ibe Eastl>y.SOuth East SlIt.!; on lb. Sou1h
by ]lIIlJIelIj ~y of Mrs. AnnitB: Eppley,
now or foiin-rl of Lydia ('';'~oger; on 1b.'WesJ
-by Jl1Iiliedi J or late 'of MisS RC. Smead; and
on !be North by propeny linmCrIy. of Burton
B"'W: iwW orflirm""i ofJimes A. Bair. .
CONI'AINiNG2il feet, more otkss, in fumt on
said Sowh East Street and _uding in depth 60 '
: ffetl1> slid ~ n~ OJ late of Miss E,' C.
~.
REAL ESTATE SALE NO. 4
WIit No. 2003.1715 Civil
Cendant Mortgage Corporation.
f/k/a PHH US
Mortgage Corporation
VS.
Constance M. Chichester
Atty.: Frank Federman
ALL TIlAT CERTAIN lot of ground
situate on the West side of South
East Street in the Borough of Car-
lisle, County of Cumberland and
State of Pennsylvania. bounded and
described as follows:
ON the East by South East Street
on the South by property formerly
of Mrs. Anna B. Eppley. now or for-
merly of Lydia Grissinger; on the
West by property now or late of Miss
E.C. Smead; and on the North by
property formerly of Burton Beam.
now or formerly of James A. Bair.
CONTAINING 20 feet, more or
less. in front on said South East
Street and extending in depth 60
feet to said property now or late of
Miss E. C. Smead.
HAVING thereon erected a two
story brick dwelling house and other
improvements known and num-
bered as 22 S. East Street, Carlisle,
Pennsylvania.
TITLE TO SAID PREMISES IS
VESTED IN Constance M. Chiches-
,
ter, single woman by Deed from
Fred R. Pracht, Jr. and Hope M.
Pracht, his wife, dated 1/15/1999
and recorded 1/20/1999 in Deed
Book 192. Page 1073.
Tax Parcel #0321-0318-018.
.
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No, 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
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 laws of
the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in
the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The
Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regular daily andlor Sunday! Metro editions which appeared on the 19th and 26th day(s) of October and the
2nd day(s) of November 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 {he Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COpy
SALE#4
REAL ESTATE SALE No. 04
Writ No. 2003-1715
Chili Term
Cendant Mortgaga Corp.
flk/a PHH US Mortgaga Corp.
va
Constance M. Chichester
Ally: Frank Federman
DESCRIPTION
ALL THAT CERTAIN lol of ground situate on
the West. &ide of South. &t Street in the Borough
of Carlisle, County of Cumberland and State of
Pennsylvania, bounded and described as follows:
- ON the East by South East Street; OD the South
by propeny lonnerly 01 10m. Aona B. Eppley.
now or f<mnerly of Lydia Grissinger; on theWesl
by property now or late of Miss E.C, Smead; and
on the North by property fonnerly of Burton
Beam. now or formerly of James ABair.
CONTAINING 20 feel, more or less, in front on
,aid SOIl\!t East Street and extending in depth 60
teet to saId property now or late of Miss E. C.
Smead
MVJNG thereon erected a twcrstory blick
, cIooIII'I! home and odter impro_ .....
IlIlI_..22S.East.-~~ ,
,~ --~-'I
l1ILI! m SAlIl,....... is """'" in'
~M.~._byDood
trom Fred R. """hi, Ir. and !lope M. """hi, hh
wne. dated 1/15/1999 and rec<>rded 112il'1999 in
Deod Book 192. Page IOn
rAX PARCEL ji()32\.03\8.0l8.
Sworn to and subscribed be
NOTARIAl. SEAl
Terry l. Russell. Nola
Oty 01 Harrlsburg, Doup I
My Commission Expires June 6, 200 TAP LlC
Member, P8nnsylYaniaA9SocialioM;~ssion expires June 6, 2006
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PAt 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO.
For publishing the notice or publication attached
hereto on the above stated dates
270.97
Publisher's Receipt for Advertising Cost
,lisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
vledge receipt of the aforesaid notice and publication costs and certifies that the same have
By................................................................,...
.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16,1929), P. 1.1784
STATEOFPENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2,1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
VIZ:
OCTOBER 8,15,22,2004
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 true.
REAL ESTATE SALE NO.4
o AND SUBSCRIBED before me this
day of OCTOBER 2004
WIit No. 2003.1715 Civil
Cendant Mortgage Corporation,
f/k/a PHH US
Mortgage Corporation
YS.
Constance M. Chichester
Atty.: Frank Federman
ALL THAT CERTAIN lot of ground
situate on the West side of South
East Street in the Borough of Car-
lisle, County of Cumberland and
State of Pennsylvania, bounded and
described as follows:
ON the East by South East Street
on the South by property formerly
of Mrs. Anna B. Eppley, now or for-
merly of Lydia Grissinger; on the
West by property now or late of Miss
E.C. Smead: and on the North by
property fonnerly of Burton Beam,
now or formerly of James A. Bair.
CONTAINING 20 feet, more or
l~~~ h-, -f..."nt nn ",,,,,in Snllt}, F::'l~t
SWO
22
L SEAL
LOIS E, SNYDER. Notary Public
Carlisle Boro, Cumberland County
My Commission Expires March 5, 2005