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MARK J. UDREN 6 ASSOCIATES ATTORNEY FOR PLAINTIFF
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. RINGS HIGHWAY, SUITE 500
CHERRY HILL, Na 08034
609-482-6900
Chase Bank of Texas f/k/a 'COURT OF COMMON PLEAS
Texas Commerce Bank, N.A. as :CIVIL DIVISION
Custodian :Cumberland County
P.O. Box 121549
Fort Worth, TX 76121-1549
Plaintiff
V.
Joseph C. Carminati
P.O. Box 1006
: NO. Cf C/ -0X-3P ?
Carlisle, PA 17013-6006
Defendant(s)
COMPLAINT IN MORTGAGE FORECLOSURE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any
money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or
other rights important to you.
'YOU'SHOUL'u TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT:..
HA{T$ A LAWYER OR CANNOT AFFORD ONE, GO`TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYERS REFERRAL SERVICE
Court Administrator
Cumberland County Courthouse
1 Courthouse Square
Car]-'ale, PA 17013-3387
717-340-6200
Le han demandado a usted en la Corte. Si usted quiere defenderse
de estas demandas expuestas en las paginas siguientes, usted tiene
veinte (20) dias de plazo al partir de la fecha de la demanda y la
notificacion. Hace falta ascentar una comparencia escrita 6 en
persona o con un abogado y entregar a la Corte en 'forma escrita sus
defensas o sus objeciones a las demandas en contra de su persona.
Sea avisado qua si usted no se dafiende, la Corte tomara medidas y
puede continuer la demanda en contra suya sin previo aviso o
notificacion. Ademas, la Corte puede decidir a favor del
demandante y requiere que usted cumpla con todas las provisioner de
esta demanda. Usted puede perder dinero o sus propiedades u otros
derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO
O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN
PERSONA O LLAME POR TELEFONO A LA OFICINA CVYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Court Administrator
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013-3387
717-240-6200
NOTICE
The amount of your debt is as stated in the attached document. The name of the creditor
to whom the debt is owed is as named in the attached document. Unless you notify us within
30 days after receipt of this Notice and the attached document that the validity of the stated
debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify
us in writing of a dispute within the 30 day period, we will obtain verification of the debt or
a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not
an admission of liability on your part. Also, upon your written request within the 30 day
period, we will provide you with the name and address of the original creditor if different from
the current creditor.
If you notify us in writing within the 30 day period as stated above, we will cease collection
of your debt, or any disputed portion of it, until we obtain the information that is required
and mail it to you. Once we have mailed to you the required information, we will then
continue the collection of your debt.
This law firm is deemed to be a debt collector and this Notice and the attached document is
an attempt to collect a debt, and any information obtained will be used for that!liurpose.
LAW OFFICES OF MARK J. UDREN
/s/ Mark J. Udren, Esquire
1040 N. Kings Highway, Suite 500
Cherry Hill, N.l 08034
(609) 482-6900
1. Plaintiff is the Corporation designated as such in the
caption on a preceding page. If Plaintiff is an assignee then it
is such by virtue of the following recorded assignments:
Assignor: Saxon Mortgage, Inc.
Assignments of Record to: Chase Bank of Texas f/k/a Texas Commerce
Bank, N.A. as Custodian
Recording Date: 10/14/97 Book: 559 Page: 581
2. Defendant(s) is the individual designated as such on the
caption on a preceding page, whose last known address is as set
forth in the caption, and unless designated otherwise, is the real
owner(s) and mortgagor(s) of the premises being foreclosed.
3. On or about the date appearing on the Mortgage
hereinafter described, at the instance and request of Defendant(s),
Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned
to the Defendant(s) the sum appearing on said Mortgage, which
Mortgage was executed and delivered to Plaintiff as security for
the indebtedness. Said Mortgage is incorporated herein by
reference in accordance with Pa.R.C.P. 1019 (g).
The information regarding the Mortgage being foreclosed is as
follows:
MORTGAGED PREMISES: 67 Spring Road
MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Carlisle
COUNTY: Cumberland
DATE EXECUTED: 9/29/97
DATE RECORDED: 10/14/97 BOOK: 1410 PAGE: 218
The legal description of the mortgaged premises is attached hereto
and made part hereof.
4. Said Mortgage is in default because the required payments
have not been made as set forth below, and by its terms, upon
breach and failure to cure said breach after notice, all sums
secured by said Mortgage, together with other charges authorized by
said Mortgage cemized beiow, shall be )mmediatel;1 due.
5. After demand, the Defendant(s) continues to fail or
refuses to comply with the terms of the Note as follows:
(a) by failing or refusing to pay the installments of
principal and interest- when due in the amounts indicated
below;
(b) by failing or refusing to pay other charg es, if any,
indicated below.
6. The following amounts are due on the said Mo rtgage as of
5/1/99:
Principal of debt due and unpaid $93,813.92
Interest at 10.25%
from 12/1/98
to 5/1/99
(the per diem interest accruing on
this debt is $26.35 and that sum
should be added each day after
4,032.99
5/1/99)
250.00
Title Report
Court Costs (anticipated, excluding 00
280
Sheriff's Sale costs) .
(42.30)
Suspense Balance
Escrow Overdraft/(Balance)
081andsthat sumtshouldcount
ish$109
.
be added on the first of each (783.82)
month after 5/1/99)
Late Charges
(monthlyy late charge of $42.30
should be added on the fifteenth of 90
126
each month after 5/1/99) .
215.00
Other Fees
Attornes Fees (anticipated and actual
y 4.690.70
f principal)
to 5% o
$102,583.39
TOTAL
7. The attorney's fee set forth above are i.n conformity
with tl'e' mortgage documents and Pennsylvania law, and will be
collected in the event of a third party purchaser at Sheriff's
Sale. If the mortgage is reinstated prior to the sale, reasonable
attorney's fees will be charged in accordance with the reduction
provisions of Act 6, if applicable.
H. Notice of. Intension to Foreclose under Ac t 6 of 1974 .of
the Commonwealth of. Pennsylvania is not required as thF_ original
principal amount exceeds the sum of $50,000.00. The notice
specified by t_he Pennsylvania Homeowner's Emerg ency Mortgage
Assistance Program, Act 91 of 1983, has been sent as required on
i
the date appearing on the copy attached hereto as Exhibit "A", and
Defendant(s) have failed to proceed within the time limits, or have
been determined ineligible, or Plaintiff has not been notified in
a timely manner of Defendant(s) eligibility.
WHEREFORE, the Plaintiff demands judgment,-in :rem, against
the Defendant(s) herein in the sum of $102,583.39, plus interest,
costs and attorneys fees as more fully set forth in the Complaint,
and for foreclosure and sale of the Mortgaged premises.
MarkC J. Udren, ESQUIRE
MARK J. UDREN & ASSOCIATES
Attorney for Plaintiff
Attorney I.D. No. 04302
`Z 7 ..
ALL4 THAT .CERTAIN house asld lot of ground street, now 67 Spring Road, n the situate ofaCarlisle,'County of
Cumberland, State of Pennsylvania, bounded and described as at o. 67 -
wits
follows, to
BEGIN=NG at the Southwest corner of lot of
Beidler, now of Mrs. Ka oiler; ground formerly of John B,
Oiler south Sixty-five (65) degreesnEast shirtyo onQe(31)dfeeeet Eleven
(1i) Inches, to a poet thence by the name South Sift ana (51 de
East Sixty-three (63) eet Two ( ) inches to a Pont; thence b ?aee
South Forty-onm (41) degrees Rust Eighteen (18) feet Three (3) incheto
a oar at an alley; thenceI y said allay south 49 degrees 15 mi:tutes west
Z eat 5 inches to a poet; thence by another alley North 82 degrees went
97 feet 8 inches to a point formerly on Metzger street now s g
(the above 2 eoureea and distances were erroneously omitted fromntheoad
deacri Lion In Deed gook-H 31, page 119); thence by Spring ROad North
mine (9) degrees East Fifty-four (54) feet Nine (9JJ inches to the Place
of BEGINNINq,
BRING the same premises which Hradriak W. Heckert by Deed dated dune 3,
1985 and recorded in Cumberland county, in Deed Book H 31 page 119
conveyed unto Margaret Alexander.
SOOK IOPAG4 223
APR 28'99 08:28 FROMAERITECH LOSS MIT
8172167616 T-069 P.02/14 F-692
ACT 91 NOTICE
TAKF ACTION TO SAVE YOUR HOME FROM FORECLOSURE
The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance
Program may be able to help you. Read the following notice to find out how the program
works.
If you need more Information call the Pennsylvania Housing Finance Agency aL 1`(800)
342-2397.
La notification en adjunto es de suma importancia, pues aferta su rtarPrhn a rnntinuar
vlvlendo en su casa. Si no comprende el contenido de esta notification obtenga una
traduccion immediatamente Ilamanda esta agencia (Pennsylvania Housing Finance Agency)
sin cargos al numero mencionado arriba. Puesdes ser elegible para un prestamo por el
programa Ilamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede
salvar su casa de la perdida del derecho a redimir su hipoteca.
ACT 91 NOTICE
IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE
ASSISTANCE PROGRAM
PLEASE READ THIS NOTICE.
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH
CAN SAVE YOUR HOME FROM FORECLOSURE
AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
DATE: March 16, 1999
RE: ACCOUNT NO. 010011313
TO: Joseph C. Carminati
67 Spring Rd.
1 E)CHI®IT A
Carlisle, PA 17013 ?1
FROM: Meritech Mortgage Services, Inc.
Received Time Apr.28. 9:22AM 1
APR 28 '99 08:28 FROM:MERITECH LOSS MIT 8172157616 T-069 P.03/14 F-592
You may be aligible for financial assictan a that will prement fore I._._sure on your
mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage
Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance
if your default has been caused by circumstances beyond your control, you have a reasonable
prospect of resuming your mortgage payments, and if you meet the eligibility requirements
of the Act as determined by the Pennsylvania Housing Finance Agency. P F sp READ A,
OF THIS NOME. 1.,T CONTAINS AN EXP ANA110N 01 YOUR RIGHTS.
Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for
thirty (30) days from the date of this Notice. During that time you must arrange and attend a
"face-to-face" meeting with a representative of this lender, or with a designated consumer
credit counseling agency. The purpose of this meeting is to attempt to work out a repayment
plan, or to otherwise settle your delinquency. THIS MEErIN . MUST OCCUR IN THE NEXT
THIRTY no) nAY5.
If you attend a face-to-face meeting with this lender, or with a consumer credit
counseling agency identified in this notice, no further proceeding in mortgage foreclosure may
take place for thirty (30) days after the date of this meeting.
The name, address and telephone number of our representative is:
Louis P. Vitti, Esquire
Louis P. Vitti and Assuciatcs, P.C.
916 Fifth Avenue
Pittsburgh, PA 15219
(412) 281-1725.
The names and addresses of the designated consumer credit counseling agencies are
shown on the attached sheet It is only necessary to schedule one face-to-face meeting. You
should advise this lender immediately of your intentions.
Your mortgage is in default because you have failed to pay promptly installments of
principal and interest, as required, for a period of at least sixty (60) days. The total amount of
the delinquency is $2.991.90 . That sum includes the following: 3 monthly paymens
0$955.00 plus late charges in the amount of $126.90.
Your mortgage is also in default for the following reasons: not applicable.
If you have tried and are unable to resolve this problem at or after your face-to-face
meeting, you have the right to apply for financial assistance from the Homeowners' Emergency
Received Time Apr.28• 9:22AM
APR 28 '99 08:28 FROWMERITECH LOSS MIT 8172157616 T-069 P.04/14 F-592
Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed
Homeowners' Emergency Assistance Application with one of the designated consumer credit
counseling agencies on the attached list. An application for assistance may only be obtained
from a consumer credit counseling agency. I he consumer credit counseling agency will assist
you in filling out your application and will submit your completed application to the
Pennsylvania Housing Finance Agency, Your application must be filed or postmarked, within
thirty (30) days of your face to-face meeting.
It is extremely important that you file your application promptly. If you do pot do
so, or if you do not follow the other time periods set forth in this letter, foreclosure may
proceed against your home immediately.
Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act.
It is extremely Important that your application is accurate and complete in every
respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision
after it receives your application. During that additional time, no foreclosure proceedings will
be pursued against you if you have met the time requirements set forth above. You will be
notified directly by that Agency of its decision on your application.
The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, P.O:
Box 8029, Harrisburg, PA 17105. The telephone number is (717) 780-3800 or 1-800-342-
2397 (lull frcc nu:nbe:). Peauns with impaired hearing can call 1-800-342-2397.
In addition you may receive another notice from this lender under Act 6 of 1974. That
Notice is called a "Notice of Intention to Foreclosure". You must read both notices, since they
both explain rights that you now have under Pennsylvania law. However, if you choose to
exercise your rights described In this notice, you cannot be foreclosed upon while you are
receiving that assistance.
Very truly yours,
zouij p. U&
Louis P. Vitti, Esquire
We are atom tai g to collect a debt and any information obtained will be used for that
pure.
Received Time Apr.H. 9:22AM 3
ACT 91 NOTICE
xr JAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE >V ?? i "raj
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Program' may bey' Ito help,you Read the following notice to find out how the program' , s
f ?, WOIICS ' :, ? 4`'?_F: t° 1?,•"f'ia ? g"?,
?$ 3
If you need more information call the Pennsylvania Housing Finance Agency at 1 (800)
342-2397.
La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar
viviendo en su casa. Si no comprende el contenido de esta notificacion obtenga una
traduccion immediatamente Ilamanda esta agencia (Pennsylvania Housing Finance Agency)
sin cargos al numero mencionado arriba. Puesdes ser elegible para un prestamo por el
programa Ilamado "Homeowne'r's Emergency Mortgage Assistance Program" el cual puede
salvar su casa de la perdida del derecho a redimir su hipoteca.
ACT 91 NOTICE
IMPORTANT:.NOTICE OF HOMEOWNERS' EMERGENCY.MORTGAGE
4 i Yrt R?W ti4 a ? ,s
y t r ' r {? Yi--o 411.pSSISTANCE PROGRAM ,, ? a r1 t^ ? Wy
e x r L ?'r ,1 !:? L?..aY ..r' rx ? , y .rs r ? 1 A "r: 2"s 7 fi
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F; E RI ?TH1F NOTICE.
?,-ln ?r ?Y ?S???Mrt: rl??Ct l.rj ?t'`.4. `r 1W1. ;•7?i?'d!'xrrar`, ',T f..s` Y?' ". ^?.. '"?M N'i?F't !r^?fY??
1111 CE WHICH 5
'=_? ,;!,YOU h1AYl#E E MLE'FOFt FINANCIAL ASSISTAN
CAN SAVE.YOUR HOME FROM FORECLOSURE
AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
DATE: March 16, 1999
RE: ACCOUNT NO. 010011313
TO: Joseph C. Carminati
P.O. Box 1006
Carlisle, PA 17013-6006
FROM: Meritech Mortgage Services; Inc.
1
You may b?elieibl for finan ial acs?ct,,,ce thst t>ill nrPSont forPnc?nrA
on your
?RYi ' mortgage d you "comply:w?th the, provisions of the Homeowners' Emergency
tQ
, page e w , o d'
!s%t { Assistance Act'of 1983 (the "Act") You maybe eligible for emergency temporary assistance
;i
r^ F:?tfXourdefaulthasbeen causedb circumstari
ar? 2 ?}$ xrc of t esumtn' oar `x?ke ` „? ces beyond your control, you have afareas6na (e'' -4 0,4
^ q
gY a ,-,rents -aW -f'
. oU ry
?y ?s f 'm Y meet the eltgiblhty "tulrements
) ? i ofthe Act as eterrnh d the Pen?p nsylvania HoUSm 8Firi ' r r r
artceAgency;; P AcF'Qt en a?? ?„
t???p,,, OF THIS NOTICE tTCONTAIPIS'AN D(P eNATtpN OFYf? Int RICI^'c, ? ? •??
Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for
thirty (30) days from the date of this Notice. During that time you must arrange and attend a
"face-to-face" meeting with a representative of this lender, or with a designated consumer
credit counseling agency. The purpose of this meeting is to attempt to work out a repayment
plan, or to otherwise settle your delinquency. THIS MEETING MI U(]MtR IN M NEXT
THIRTY(_? 1`C) DAYS,
If you attend a face-to-face meeting with this lender, or with a consumer credit
counseling agency identified in this notice, no further proceeding in mortgage foreclosure may
take place for thirty (30) days after the date of this meeting.
The name, address and telephone number of our representative is:
Louis P. Vitti, Esquire
Louis P. Vitti and Associates, P.C.
916.Fifth Avenue i?.
Pittsbu h, PA' ,15219
Y
1412) 281-1725. ?,,r:+
The names and addresses of the designated consumer credit counseling agencies are
shown on the attached sheet. It is only necessary to schedule one face-to-face meeting. You
should advise this lender immediately of your intentions.
Your mortgage is in default because you have failed to pay promptly installments of
principal and interest, as required, for a period of at least sixty (60) days. The total amount of
the delinquency is $2.991.90 . That sum includes the following: 3 monthly paymens
®$955.00 plus late charges in the amount of $126.90.
Your mortgage is also in default for the following reasons: not applicable.
If you have tried and are unable to resolve this problem at or after your face-to-fare
meeting, you have the right to apply for financial assistance from the Homeowners' Emergency
?>fMyY?° Mortg'ag?stance Fund r?ln order to do this ou`must fill out sin and file a completed
•\ SI }.4Y, '?1a5..\ 4. ?T. ^Yh Nj?l^,NF 4 1?.. this, y / g -
;Assistance Application *ih.one of the designated consumPrrmAt .
so;'oc if yogi do not follow the other tiriie
proceed against your home immediately.
d ??a n y. i
V V' r i r1
application promptly. If you do not do, r
set forth in this letter, foreclosure. may?
Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act.
It is extremely important that your application is accurate and complete in every
respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision
after it receives your application. During that additional time, no foreclosure proceedings will
be pursued against you if you have met the time requirements set forth above. You will be
notified directly by that Agency of its decision on your application.
The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, P.O.
Box 8029, Harrisburg, PA 17105. The telephone number is (717) 780-3800 or 1-800-342-
2397 (toll free number). Persons with impaired hearing can call 1-800-342-2397.
in addition you may receive another notice from this lender under Act 6 of 1974. That
i 4l lice is,calleda "Notice of Intention toForeclosure". You must read both notices, since they
Bath ekolam rights that you now have-under Pennsylvania law. However, if you choose to
exercise your rights described in this notice, you cannot be foreclosed upon while you are
receiving that assistance.
Very truly yours,
oCouis P. Vitti
Louis P. Vitti, Esquire
3
Mark J. Udren, Esquire, hereby states that he is the attorney
for the Plaintiff, a corporation unless designated otherwise; that
he is authorized to take this Verification and does so because of
the exigencies regarding this matter, and because Plaintiff must
verify much of the information through agents, and because he has
personal knowledge of some of the facts averred in the foregoing
pleading; and that the statements made in the foregoing pleading
are true and correct to the best of his knowledge, information and
belief and the source of his information is public records and
reports of Plaintiff's agents. The undersigned understands that
this statement herein is made subject to the penalties of 18
Pa. C. S. Section 4904 relating to unsworn falsification to
authorities.
4/0L_
Mark J. Udren, ESQUIRE
MARK J. UDREN & ASSOCIATES
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-02839 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHASE OF TEXAS
VS.
CARMINATI JOSEPH C
DAWN KELL Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within NOTICE AND COMPLAINT IN
was served
upon CARMINATI JOSEPH C
the
defendant, at 13:36 HOURS, on the 11th day of May
1999 at POE: K STREET VIDEO & PIZZA 1548 SPRING ROAD
CARLISLE, PA 17013
CUMBERLAND
,
County, Pennsylvania, by handing to JOSEPH C. CARMINATI
a true and attested copy of the NOTICE AND COMPLAINT IN
together with MORTGAGE FORECLOSURE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So answerii
Docketing 18.00
Service 3.00 2
Affidavit
Surcharge 8.00 mas ine, eri
MARK J. UDREN
05/11/1999 /
by
?i
e,muy 5?1it:LILL
Sworn and subscribed to before me
this Id r?- day of
19 1'? A.D.
MARK J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
609-482-6900
Chase Bank of Texas f/k/a Texas
Commerce Bank, N.A. as Custodian
P.O. Box 121549
Fort Worth, TX 76121-1549
Plaintiff
ATTORNEY FOR PLAINTIFF f
l
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
MORTGAGE FORECLOSURE
V.
Joseph C. Carminati
P.O. Box 1006
Carlisle, PA 17013-6006
Defendant(s)
NO. 99-2839 civil
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER.AND ASSESSMENT OF-DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against the
Defendant(s) for failure to file an Answer to Plaintiff's Complaint
within 20 days from service thereof and for foreclosure and sale of the
mortgaged premises, and assess Plaintiff's damages as follows:
As set forth in Complaint $102,583.39
Interest per Complaint 2,187.05
From 5/2/99 to 7/23/99
Late charges per Complaint 126.90
From 5/15/99 to 7/23/99 @$42.30
Escrow payment per Complaint 218.16
From 6/1/99 to 7/23/99 @$109.08
TOTAL $105,115.50
I hereby certify that (1) the addresses of the Plaintiff and
Defendant are as shown above, and (2) that notice has been given in
accordance with Rule 237.1, a copy of which is attached hereto.
UDREN & ASSOCIATES
M rk. J. Udren, ESQUIRE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED
DATE: !J„c T(9 i i
PRO FROTHY
11; ? l0
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1
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MARK J. UDREN & ASSOCIATES
B'!: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL NJ 08034
6n9-ns2-a9n6
Chase Bank of Texas f/k/a Texas
Commerce Bank, N.A. as Custodian
P.O. Box 121549
Fort Worth, TX "5121-154"
Plaintiff
V.
Joseph C. Carminati
P.O. Box 1006
Carlisle, PA 17013-6006
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumber] arc] County
NO. 99-2839 civil
Defendant(s)
TOTED: Jose h, 1999
p C. Qarminatj
K Street Video Pizza
1548Sprin&Road
arlislle, PP
C17013
IMPORTANT NOTICE
tE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
ANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE
H,.NT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU W
DUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
ONE GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT
YOU GRAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
Car
-3387
NOTICE: rURSUANP TO THE F:::, DEBT COLLEC^I;,N '':?1S ''.-
LAW 'FIR,`: IS DEEEZL; TO BE A DEBT COLLECTOR -= idIS 1:. AN ATTEMPT TO "i".
COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
SERVICIO DE REFERENCIA LEGAL
LAWYER REFERRAL SERVICE
Court Administrator
Cumberland County Courthouse
Carlisle thPAs170gqT3a3387
71'x-240-6200
07
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Cif O
MARK J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRYOHIILLLA NJ 08034
Chase Bank of Texas f/k/a Texas
Commerce Bank, 9
as Custodian
P.O. Box 121599
Fort Worth, TX 76121-1599
Plaintiff
V.
Joseph C. Carminati
P.O. Box 1006
Carlisle, PA 17013-6006
Defendant(s)
DATED: June 4, 1999
TO: Joseph C. Carminati
67 Carliisle, PAa17013
ATTORNEY FOR PLAINTIFF
;COURT OF COMMON PLEAS
:CIVIL DIVISION
:Cumberland County
NO. 99-2839 civil
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAI
APPEARANCE PERSONALLY OR BY ATTORNEY AND E
COURT YOUR DEFENSES OR OBJECTIONS TO THE C
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM '
AFFORD
WHERE
IF
LAWYER REFERRAL SERVICE
Court Administrator
Cumberland ounty Courthot
1 Gourt ouse Square
Carlisle- PA 1?7?0 13-3387
71 OAn-nn
'O ENTER A WRITTEN
IN WRITING WITH THE
i SET FORTH AGAINST.
ATE OF THIS NOTICE
HEARING AND YOU MAf
OU SHOULD TAKE THIS
A LAWYER OR CANNOT
OFFICE TO FIND OUT
e
SERVICIO DE REFERENCIA LEGAL
LAWYER REFERRAL SERVICE
Court Administrato
Cumberland County Courtrhouse
1 Uourthouse Square
Carla 71Y-240 62003-3387
NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS
LAW'E.IRM.IS DEEMED TO LE :i DEBT COLLECTOk VM_TRIS:I,S AN :ITEMPT TO
COLLECT A' DEBT.,, ANY INFURMATiON OBTAINED WILL BE USED FOR THAT
PURPOSE.
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MARK J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY_HILLL NJ 08034
Chase Bank of Texas f/k/a Texas
Commerce Bank, N.A. as Custodian
P.O. Box 121599
Fort Worth, TX 76121-1549
Plaintiff
v.
Joseph C. Carminati
P.O. Box 1006
Carlisle, PA 17013-6006
Defendant(s)
DATED: June 4, 1999
TO: Joseph C. Carminati
P.O. Box 1006
Carlisle, PA 17013-6006
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
NO. 99-2839 civil
IMPORTANT NOTICE
N
TO ENTER A WRITTEN
IN WRITING WITH THE
S SET FORTH AGAINST
)ATE OF THIS NOTICE
HEARING AND YOU MAll
9PORTANT RIGHT:
IF YOU DO NOT
)NE THE FOLLOW
-'LAWYER REFERRAL SERVICE
Court Administrator
Cumberland County Courthouse
1 Courthouse Square
Carlisle PA 17013-3387
71'x-290-6200
NOTIFICACION IMPORTANTE
SE ENCUENTRA
REQUIRIDA DE
DENTRO DE UN
DICTAR
POR
ABAJO
POR
ENTE SI U?
TAL SERV
CUYA DI
SE PUEDE (
NO HABER TOMADO LA
NO TOMAR LA ACCION
ESTA NOTIFICACION
ER USTED EN CORTE 0
CONTRA, USTED PU'?DE
DEBE LLEVAR ESTA
SD NO TIENE°.ABOGAu1:,
SERVICIO DE REFERENCIA LEGAL
LAWYER REFERRAL SERVICE
Court Administrator
Cumberland County Courthouse
1 Courthouse Square
Carlisle PA 17013.3387
71Y-240-6200
NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT;" THIS'"
LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO
COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
MARK J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. RINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
609-482-6900
Chase Bank of Texas f/k/a Texas
Commerce Bank, N.A. as Custodian
P.O. Box 121549
Fort Worth, TX 76121-1549
Plaintiff
V.
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
MORTGAGE FORECLOSURE
Joseph C. Carminati
P.O. Box 1006 :NO. 99-2839 civil
Carlisle, PA 17013-6006
Defendant(s)
PRAECIPE FOR WRIT OF EXECUTION
TO THE SHERIFF:
Issue Writ of Execution in the above matter:
Amount due
$105,_115_._5.0
Interest From JULY- 24,- 1995 3,.63.6..-3.0
to Date of Sale DECEMBER.--08,_ 1999.
Per diem @$26.35
(Costs to be added)
MARK J. UDREN & ASSOCIATES
M k J. Udren, ESQUIRE
ATTORNEY FOR PLAINTIFF
;
rte,
i _
O
v Q ? r M
MARK J. UDREN S ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
'Chase Bank of Texas.f/k/a
Texas Commerce Bank, N.A. as
Custodian
P.O. Box 121549
Fort Worth, TX 76121-1599
Plaintiff
v.
Joseph C. Carminati
P.O.,...Box 1006
Carlisle, PA 17013-6006
.Defendant(s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL-DIVISION
Cumberland County
MORTGAGE FORECLOSURE
NO. 99-2839 civil
AFFIDAVIT OF NON-MILITARY SERVICE.
STATE OF
COUNTY OF SS
THE UNDERSIGNED being duly sworn, deposes and says that the
averments herein are based upon investigations made and records
maintained by us either as Plaintiff or as servicing agent of the
Plaintiff herein and that the above Defendant(s) are not in the
Alliesras defined in the Sold ers and ailorse CivilARelief Actlef
1940, as amended, and that the age and last known residence and
employment of each Defendant are as follows:
Defendant:
A
Resgei
dence:
Employment:
Joseph C. Carminati
Over 18
As captioned
Unknown
sworn to and subscribed
before me thisad day
o JAL 199 .
ta;.
above 4,
ame: l7oeK U. ikZn, euw
Company:
TARA LYNN MANNINO
NOTARY PUBLIC OF NEW JERSEY
C*Tdnhtw knlw8/1812001
/ ,
?KARA J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
609-482-6900
ATTORNEY FOR PLAINTIFF
Chase Bank of Texas f/k/a Texas
Commerce Bank, N.A. as Custodian
P.O. Box 121549
Fort Worth, TX 76121-1549
Plaintiff
V.
Joseph C. Carminati
P.O. Box 1006
Carlisle, PA 17013-6006
Defendant(s)
:COURT OF COMMON PLEAS
CIVIL DIVISION
:Cumberland County
MORTGAGE FORECLOSURE
NO. 99-2839 civil
AFFIDAVIT PURSUANT TO RULE 3129.1
Chase Bank of Texas f/k/a Texas Commerce Bank, N.A. as Custodian,
Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ.,
sets forth as of the date the Praecipe for the Writ of Execution was
filed the following information concerning the real property located at:
67 Spring Road, Carlisle, PA 17013
1. Name and address of Owner(s) or reputed Owner(s):
Name Address
JOSEPH C. CARMINATI P.O. BOX 1006, CARLISLE, PA 17013
K STREET VIDEO & PIZZA, 1548 SPRING ROAD
CARLISLE, PA 17013
67 SPRING ROAD, CARLISLE, PA 17013
2. Name and address of Defendant(s) in the judgment:
Name Address
SAME AS #1 ABOVE
3. Name and address of every judgment creditor whose judgment is a record
lien on the real property to be sold:
Name Address
NONE
"/4.? Name and address of the last recorded holder of every mortgage of
record:
Name Address
Plaintiff herein. See Caption above.
5. Name and address of every other person who has any record lien on the
property:
Name Address
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 Address
REAL ESTATE TAX DEPT. CUMBERLAND COUNTY COURTHOUSE, 1
COURTHOUSE SQUARE, CARLISLE, PA 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 Address
DOMESTIC RELATIONS SECTION 13 N. HANOVER STREET, CARLISLE, PA 17013
TENANTS/OCCUPANTS 67 SPRING ROAD, CARLISLE, PA 17013
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.
MARK J. UDREN & ASSOCIATES
DATED: July 23, 1999
Ma k J. Udren, ESQ..
Attorney for Plaintiff
NARK J. UDREN & ASSOCIATES
BY: Nark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, Na 08034
609-482-6900 --
Fort Worth, TX 76121-1549
Chase Bank of Texas f/k/a Texas
Commerce Bank, N.A. as Custodian
P.O. Box 121549
Plaintiff
V.
Joseph C. Carminati
P.O. Box 1006
Carlisle, PA 17013-6006
Defendant (s)
TO: JOSEPH C. CARMINATI
67 SPRING ROAD
Carlisle, PA 17013-6006
NOTr OF SHERIFFIS SALE OF REAL piLoMTy.
.ATTORNEY FOR PLAINTIFF
.COURT OF COMMON PLEAS
CIVIL DIVISION
:Cumberland County
MORTGAGE FORECLOSURE
NO. 99-2839 civil
K STREET VIDEO & PIZZA
1548 SPRING ROAD
CARLISLE, PA 17013
Your house (real .estate) at 67 Spring Road, Carlisle, PA 17013 is
scheduled to be sold at the Sheriff's Sale on DECEMBER 08, 1999, at 10:00
A.M. in the COMISSIONERS HEARING ROOM 2ND FLOOR, COURTHOUSE, CARLISLE,
PA., to enforce the court judgment of $105,115.50, obtained by Plaintiff
above (the mortgagee) against you. If the sale is postponed, the
property will be relisted for the Next Available Sale.
NOTICE_OF-0MR! a-RI-GH=
YOV MAY AE A R TO RSA THIS S RTFF'S SALE.
To prevent this Sheriff's Sale, you must take immediais-action:
1. The sale will be cancelled if you pay to the mortgagee the back payment, late
charges, costs and reasonable attorney's fees. To find out how much you must pay,
you may call: (6091 482=M(L-
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_5TILL_BE_ABLE_-X0_SAV?EYOUR`PROPERTY_AND_Y.OU_J3AVE_OTHER-i7S3HT8
BVEN iF T88_SHERIFF "ALE-DOPS_TARE_PLACE?_
1. 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 609-482-6900.
2. You may be able to petition the Court to set aside the sale if the bid price
was grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount
due in the sale. To find out if this has happened, you may call 609-482-6900.
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.
S. You have the right to remain in the property until the full amount due is
paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer
may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house.
A schedule of distribution of the money bid for your house will be filed by the Sheriff
within 30 days after 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 Schedule of 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 TARE 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.
LAWYER REFERRAL SERVICE
Court Administrator
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013-3387
717-240-6200
ASSOCIATION DE LICENCIDADOS DE FILADELFIA
Court Administrator
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013-3387
717-240-6200
ALIT MAT CERTAIN house and lot of ground situate formerly at No., 67 Metzger Street, now 67 spring Road, in the. Borough of CarlisleiCou
Cumb9XIand, State of Pennsylvania, bounded and described as foleountyY op OVID, to
wits
BEGINNING at the Southwest corn
Seidler, now of Mrs. Me oiler;
Oiler South sixty-five (65) deg'
(11) bnohes, to a posit thence
East Sixty-three (63) eat Two (
South Forty-one ,(41) degroea Zoo
: of at en alleys thence by as
2 feet 5 inches to a post; thhen
97 feet 8 inches to a point form
(the above 2 coureea and distanc
daOcr3Ption in Reed Book-9 31, p
Nino (9) degrees East Fifty-four
of BSt ismo.
thehce by lot Of lot of ground formerly of ,john R.
Ann East Thirto Onee(31)d afct Eleven
tignchesetooatpostjtthence(b)yl)the same
d$allayn3outh)46degreesa153minutesaWest
by another all9ey North 82 degrees went
rly on Metzger street now spring Road
86 1ere19)QZ`X
thneeeby 9p ing Road d from orth
154) feet Nine (9) inches to the Place
TAX PARCEL NO.: 06-20-1800-002
BEING KNOWN AS 67 SPRING ROAD
TITLE TO SAID PREMISES IS VESTED IN JOSEPH C. CARMINATI BY DEED
FROM GARY B. DAVIS DATED 9/29/1997 AND RECORDED 10/14/1997 IN DEED
BOOK 165 PAGE 1135
RA4: r'• UDREN & ASSOCIATES
BY: Mark J. Udren
ATTY T.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
609-482-6900
Chase Bank of Texas f/k/a
Texas Commerce Bank, N.A. as
Custodian
P.O. Box 121549
Fort Worth, TX 76121-1549
Plaintiff
V.
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
Joseph C. Carminati
P.O. Box 1006 :NO. 99-2839 civil
Carlisle, PA 17013-6006
Defendant(s) ;
AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1
Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies
that:
1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which
is attached hereto as Exhibit "A", was sent to every recorded lienholder and
every other interested party known as of the date of the filing of the
Praecipe for the Writ of Execution, on the date(s) appearing on the attached
Certificates of Mailing.
2. A Notice of Sheriff's Sale was sent to Defendant (s) by regular mail and
certified mail on the date appearing on the attached Return Receipt, which
was signed for by Defendant(s) on the date specified on the said Return
Receipt. Copies of the said Notice and Return Receipt are attached hereto as
Exhibit "B".
3. If a Return Receipt is not attached hereto, then service was by personal
service on the date specified on the attached Return of Service, attached
hereto as Exhibit "B".
4. If service was by Order of Court, then proof of compliance with said
Order is attached hereto as Exhibit "B".
All Notices were served within the time limits set forth by Pa Rule C.P.
3129.
This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
Dated: October 27, 1999 MARK J. UDREN & ASSOCIATES
BY:
Mark J. Udren, Esquire
Attorney for Plaintiff
MARK J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
609-482-6900
Chase Bank of Texas f-/k/a Texas
Commerce Bank, N.A. as Custodian
P.O. Box 121549
Fort Worth, TX 76121-1549
Plaintiff
V.
Joseph C. Carminati
P.O. Box 1006
Defendant (s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
.MORTGAGE FORECLOSURE
NO. 99-2839 civil
AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1
Chase Bank of Texas f/k/a Texas Commerce Bank, N.A. as Custodian,
Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ.,
sets forth as of the date the Praecipe for the Writ of Execution was
filed the following information concerning the real property located at:
67 Spring Road, Carlisle, PA 17013
1. Name and address of Owner(s) or reputed Owner(s):
Name Address
JOSEPH C. CARMINATI P.O. BOX 1006, CARLISLE,' PA 17013
K STREET VIDEO & PIZZA, 1548 SPRING ROAD
CARLISLE, PA 17013
67 SPRING ROAD, CARLISLE, PA 17013
2. Name and address of Defendant(s) in the judgment:
Name Address
SAME AS #1 ABOVE
3. Name and address of every judgment creditor whose judgment is a record
lien on the real property to be sold:
Name Address
NONE
4. Name and address of the last recorded holder of every mortgage of
record:
Name Address
Plaintiff herein. See Caption above.
5. Name and address of every other person who has any record lien on the
property:
Name Address
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 Address
COURTHOUSE SQUARE, CARLISLE, PP. 17013
COMMONWEALTH OF PA.
DEPT. OF REVENUE
BUREAU OF COMPLIANCE, DEPT. 280946,
HARRISBURG, PA 17128-0946
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 Address
DOMESTIC RELATIONS SECTION 13 N. HANOVER STREET, CARLISLE, PA 17013
TENANTS/OCCUPANTS 67 SPRING ROAD, CARLISLE,' PA 17013
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.
DATED: OCTOBER 27, 1999
Pr J. UDREN & ASSOCIATES
J. Udren, ESQ.
Attorney for Plaintiff
MARK J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY .I.D. NO. 04302 --
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
609-482-6900
Chase Bank of Texas f/k/a
Texas Commerce Bank, N.A. as
Custodian
P.O. Box 121549
Fort Worth, TX 76121-1549
Plaintiff
V.
Joseph C. Carminati
P.O. Box 1006
Carlisle, PA 17013-6006
Defendant(s)
DATE: August 10, 1999
ATTORNEY FOR PLAINTIFF
:COURT OF COMMON PLEAS
CIVIL DIVISION
Cumberland County
NO. 99-2839 civil.
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE
QF REAL PROPERTY,.
OWNER(S): JOSEPH C. CARMINATI
PROPERTY: 67 Spring Road, Carlisle,•PA 17013
Improvements: RESIDENTIAL DWELLING
The above captioned property is scheduled to be sold at the
Cumberland County Sheriff's Sale on DECEMBER _08,_1999, at 10:00
A.M.,IN THE COMISSIONERS HEARING ROOM, 2ND FLOOR, COURTHOUSE,
CARLISLE, PA. Our records indicate that you may hold a mortgage or
judgment on the property which will be extinguished by the sale.
You may wish to attend the sale to protect your interests.
A Schedule of Distribution will be filed by the Sheriff on a date
specified by the Sheriff not later that 30 days after sale.
Distribution will be made in accordance with the schedule unless
exceptions are filed thereto within 10 days after the filing of the
schedule.
EXHIBIT
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Chase Bank of Texas f/k/a in the Court of Common Pleas of
Texas Commerce Bank N,A Cumberland County, Pennsylvania
Custodian No. 99-2839 Civil Term
-vs-
Joseph C. Carminati
Richard E. Smith, Deputy Sheriff, who being duly sworn according to law, says on
September 30, 1999 at 8:36 o'clock A.M. EDST, he posted a copy of Real estate Writ
Notice Poster and Description on the property of Joseph Carminati located at 67 Spring --
Road, Carlisle, Cumberland County, Pennsylvania according to law.
Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, says on
August 12, 1999 at 2:00 o'clock P.M. EDST, he served a true copy of Real Estate Writ
Notice Poster and Description, in the above entitled action upon the within named
defendant to wit: Joseph Carminati, by making known unto Joseph Carminati at 1548
Spring Road, Carlisle, CuluUUllauu %uuIliy, :y"wil i, .i? ..v.....uin "Lid at illo Ja111C
time handing to him personally the said true and attested copies of the same.
Richard E. Smith Deputy Sheriff; who being duly sworn according to law, says on
September 30, 1999 at 1:50 o'clock P.M. EDST, he served a copy of Real Estate Writ
Notice Poster and Description in the above entitled action upon the wihtin named
defendant to wit: Joseph Carminati, by making known unto Joseph Carminati at 1548
Spring Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same
time handing to him personally the said true and attested copies of the same.
R. Thomas Kline, Sheirff, wh, bein, duly sworn according to law, says lie 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 by first class mail to the defendant
at his last known address 925 Burnt House Road, Carlisle, Pennsylvania. This letter was
mailed under the date of October 1, 1999 and never returned to the Sheriff s Office.
R. Thomas Kline, Sheriff
BY u
Real Estate Deputy
EXHIBF-1 3
CJ
C.
uJ. 1
11 C'l J
STATE OF PENNSYLVANIA, t
COUNTY OF CUMBERLAND J ss'
I, -----Robert P_Zi?B] e[----------------------------------------------------- Recorder of
Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ----------------
Chase Bank of Texas fka Texas Commerce Bank N A
---------------------------•-------------------------------------------------------- is the grantee
the same having been sold to said grantee on the --ath ------------------------------------------ day of
--_- December ________________________ A. D., 19_-_under and by virtue of a writ--------------
------ Execution ------------------------------- issued onthe----------- 4th
day of _____ August------------- A. D., 19--9--9--, out of the Court of Comman Pleas of said County as of
--------Civil - --------- Term, 19-------
Number ___: 2839 at the suit of ----
---------------- _gka __Tsx?B_S?4mmt i Ce__ &au1tJ3_A
-----------°------- against------ --Jcseph C Carminati
----- - --------- ---------------------- a
duly recorded in Sheriff's Deed Book No. ______213 __, Page ______ 909_-
IN TESTIMONY WHEREOF, I have hereunto
set my hand and seal of said office this z_3!`? day
of wL'e1 -------- A. D., 19-
---------- ---
-,---------
Qer of Deeds
%Mdm of Goads, calbr atl ea ttR, Bi
My OMaatimioa EWm ft ftel UwAn d AL 2=
r
Chase Bank of Texas f/k/a In the Court of Common Pleas of
Texas Commerce Bank N.A Cumberland County, Pennsylvania
Custodian No. 99-2839 Civil Term
-vs-
Joseph C. Carminati
Richard E. Smith, Deputy Sheriff, who being duly sworn according to law, says on
September 30, 1999 at 8:36 o'clock A.M. EDST, he posted a copy of Real estate Writ
Notice Poster and Description on the property of Joseph Carminati located at 67 Spring
Road, Carlisle, Cumberland County, Pennsylvania according to law.
Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, says on
August 12, 1999 at 2:00 o'clock P.M. EDST, he served a true copy of Real Estate Writ
Notice Poster and Description, in the above entitled action upon the within named
defendant to wit: Joseph Carminati, by making known unto Joseph Carminati at 1548
Spring Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same
time handing to him personally the said true and attested copies of the same.
Richard E. Smith Deputy Sheriff, who being duly sworn according to law, says on
September 30, 1999 at 1:50 o'clock P.M. EDST, he served a copy of Real Estate Writ
Notice Poster and Description in the above entitled action upon the wihtin named
defendant to wit: Joseph Carminati, by making known unto Joseph Carminati at 1548
Spring Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same
time handing to him personally the said true and attested copies of the same.
R. Thomas Kline, Sheirff, who being duly sworn according to law, says he served the
above Keal Estate Writ Notice Poster and Description in the following manner: The
Sheriff maild a notice of the pendency of the action by first class mail to the defendant
at his last known address 925 Burnt House Road, Carlisle, Pennsylvania. This letter was
mailed under the date of October 1, 1999 and never returned to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due
and legal notice had been given according to law, exposed the above described premises
at public venue or outcry at Court House, Carlisle Cumberland County, Pennsylvania on
December 8, 1999 and sold the same for the sum of $ 1.00 to Attorney James Flower for
Chase Bank of Texas F/K/A Texas Commerce Bank, N.A. As Custodian. It being the
highest bid and best received Chase Bank of Texas F/K/A Texas Commerce Bank, N.A.
As custodian of P.O. Box 121549, Fort Worth Texas, being the buyer in this execution
paid to Sheriff R. Thomas Kline the sum of $ 725.20 it being costs.
Sheriff's Costs:
Docketing 30.00
Poundage 14.23
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library .50
County 1.00
Mileage 6.20
Chase Bank of Texas f7k/a In the Court of Common Pleas of
Texas Commerce Bank N.A Cumberland County, Pennsylvania
Custodian No. 99-2839 Civil'I'enn
-vs-
Joseph C. Carminati
Richard E. Smith, Deputy Sheriff, who being duly sworn according to law, says on
September 30, 1999 at 8:36 o'clock A.M. EDST, he posted a copy of Real estate Writ
Notice Poster and Description on the property of Joseph Carminali located at 67 Spring
Road, Carlisle, Cumberland County, Pennsylvania according to law.
Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, says on
August 12, 1999 at 2:00 o'clock P.M. EDST, he served a true copy of Real Estate Writ
Notice Poster and Description, in the above entitled action upon the within named
defendant to wit: Joseph Carminati, by making known unto Joseph Carminati at 1548
Spring Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same
time handing to him personally the said true and attested copies of the same.
Richard E. Smith Deputy Sheriff, who being duly sworn according to law, says on
September 30, 1999 at 1:50 o'clock P.M. EDST, he served a copy of Real Estate Writ
Notice Poster and Description in the above entitled action upon the wihtin named
defendant to wit: Joseph Carminati, by making known unto Joseph Carminati at 1548
Spring Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same
time handing to him personally the said true and attested copies of the same.
R. Thomas Kline, Sheirff, who being duly sworn according to law, says 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 by first class mail to the defendant
at his last known address 925 Burnt House Road, Carlisle, Pennsylvania. This letter was
mailed under the date of October 1, 1999 and never returned to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due
and legal notice had been given according to law, exposed the above described premises
at public venue or outcry at Court House, Carlisle Cumberland County, Pennsylvania on
December 8, 1999 and sold the same for the sum of $ 1.00 to Attorney James Flower for
Chase Bank of Texas F/K/A Texas Commerce Bank, N.A. As Custodian. It being the
highest bid and best received Chase Bank of Texas F/K/A Texas Commerce Bank, N.A.
As custodian of P.O. Box 121549, Fort Worth Texas, being the buyer in this execution
paid to Sheriff R. Thomas Kline the sum of $ 725.20 it being costs.
Sheriffs Costs:
Docketing 30.00
Poundage 14.23
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library .50
County 1.00
Mileage 6.20
Certified Mail
Levy
Surcharge
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriffs Deed
Sworn and Subscribed To Before Me
This (ar Day of
AD
'24", C.l 711 s 2Qc
.74
15.00
16.00
230.00
267.00
23.63
25.00
26.50
$ 725.80
So Answers:
R. Thomas Kline, Sheriff
By
Real Estate Deputy
CJL?1.9Y t.
i2'. w sot)
MARK J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
609-482-6900
ATTORNEY FOR PLAINTIFF
Chase Bank of Texas f/k/a Texas
Commerce Bank, N.A. as Custodian
P.O. Box 121549
Fort Worth, TX 76121-1549
Plaintiff
'COURT OF COMMON PLEAS
CIVIL DIVISION
:Cumberland County
MORTGAGE FORECLOSURE
V.
Joseph C. Carminati ,
P.O. Box 1006 NO. 99-2839 civil
Carlisle, PA 17013-6006
Defendant (s)
AFFIDAVIT PURSUANT TO RULE 3129.1
Chase Bank of Texas f/k/a Texas Commerce Bank, N.A. as Custodian,
Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ.,
sets forth as of the date the Praecipe for the Writ of Execution was
filed the following information concerning the real property located at:
67 Spring Road, Carlisle, PA 17013
1. Name and address of Owner(s) or reputed Owner(s):
Name Address
JOSEPH C. CARMINATI P.O. BOX 1006, CARLISLE, PA 17013
K STREET VIDEO & PIZZA, 1548 SPRING ROAD
CARLISLE, PA 17013
67 SPRING ROAD, CARLISLE, PA 17013
2. Name and address of Defendant(s) in the judgment:
Name Address
SAME AS #1 ABOVE
3. Name and address of every judgment creditor whose judgment is a record
lien on the real property to be sold:
Name Address
NONE
I '
4. Name and address
record:
Name
Plaintiff herein.
of the last recorded holder of every mortgage of
Address
See Caption above.
5. Name and address of every other person who has any record lien on the
property:
Name Address
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 Address
REAL ESTATE TAX DEPT. CUMBERLAND COUNTY COURTHOUSE, 1
COURTHOUSE SQUARE, CARLISLE, PA 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 Address
DOMESTIC RELATIONS SECTION 13 N. HANOVER STREET, CARLISLE, PA 17013
TENANTS/OCCUPANTS 67 SPRING ROAD, CARLISLE, PA 17013
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.
MARK J. UDREN & ASSOCIATES
DATED: July 23, 1999
Ma k J. Udren, ESQ.
Attorney for Plaintiff
.4
MARK J. UDREN 6 ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. SINGS HIGEWAY, SUITE 500
CHERRY HILL, NJ 08034
609-482-6900
Chase Bank of Texas £/k/a Texas
Commerce Bank, N.A. as Custodian
P.O. Box 121549
Fort Worth, TX 76121-1549
Plaintiff
V.
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
=CIVIL DIVISION
:Cumberland County
.MORTGAGE FORECLOSURE
Joseph C. Carminati
P.O. Box 1006 :NO. 99-2839 civil
Carlisle, PA 17013-6006
Defendant (s)
AFFIDAVIT PURSUANT TO RULE 3129.1
Chase Bank of Texas f/k/a Texas Commerce Bank, N.A. as Custodian,
Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ.,
sets forth as of the date the Praecipe for the Writ of Execution was
filed the following information concerning the real property located at:
67 Spring Road, Carlisle, PA 17013
1. Name and address of Owner(s) or reputed Owner(s):
Name Address
JOSEPH C. CARMINATI P.O. BOX 1006, CARLISLE, PA 17013
K STREET VIDEO & PIZZA, 1548 SPRING ROAD
CARLISLE, PA 17013
67 SPRING ROAD, CARLISLE, PA 17013
2. Name and address of Defendant(s) in the judgment:
Name Address
SAME AS #1 ABOVE
3. Name and address of every judgment creditor whose judgment is a record
lien on the real property to be sold:
Name Address
NONE
4. Name and address
record:
Name
Plaintiff. herein.
5. Name and address of every other person who has any record lien on the
property:
Name Address
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 Address
REAL ESTATE TAX DEPT. CUMBERLAND COUNTY COURTHOUSE, 1
COURTHOUSE SQUARE, CARLISLE, PA 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 Address
DOMESTIC RELATIONS SECTION
TENANTS/OCCUPANTS
See Caption above.
13 N. HANOVER STREET, CARLISLE, PA 17013
67 SPRING ROAD, CARLISLE, PA 17013
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.
MARK J. UDREN & ASSOCIATES
DATED: July 23, 1999
lka J. Udren, ESQ.
Attorney for Plaintiff
of the last recorded holder of every mortgage of
Address
LAW OFFICES
MARK J. UDREN & ASSOCIATES
1040 NORTH KINGS HIGHWAY
SUITE 500
- CHERRY HILL, NEW JERSEY 08034
609. 482. 6900
FAX. 609. 482. 1199
F_REDDIE_MAC..
PENNSYLVANIA
DESIGNATED. COUNSEL
MARK J. UPREN• PENNSYLVANIA MICE
STUART WDYNEG" 24 NORTH MERLON AVENUE
GAYL SPI VAK ORLOFF••• 'PLEASE RESPOND TO NEW JERSEY OFFICE" SUITE 240
ADMDTED MZO IN PA AND £L BRYNMAWR, PA 19010
••ADM£££ED a%TF1NPA
"ADM?fED ALSO IN PA 215-568-9500
TINA MARDN RICH 215.568-II4I FAX
July 23, 1999
Office of the Sheriff
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013-3387
Re: Chase Bank of Texas f/k/a Texas Commerce Bank, N.A. as
Custodian
VS.
Joseph C. Carminati
Cumberland County C.C.P. No. 99-2839 civil
Dear Sheriff's Department:
Please attempt service on the defendant JOSEPH C. CARMINATI at
67 SPRING ROAD, CARLISLE, PA 17013 or his place of employment
R STREET VIDEO & PIZZA, 1548 SPRING ROAD, CARLISLE, PA 17013.
MW ""
MARK J. UDREN & ASSOCIATES
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, Na 08034
609-482-6900
ATTORNEY FOR PLAINTIFF
Chase Bank of Texas f/k/a Texas COURT OF COMMON PLEAS
Commerce Bank, N.A. as Custodian :CIVIL DIVISION
P.O. Box 121549 :Cumberland County
Fort Worth, TX 76121-1549
Plaintiff
V.
Joseph C. Carminati
P.O. Box 1006
Carlisle, PA 17013-6006
Defendant(s)
MORTGAGE FORECLOSURE
NO. 99-2839 civil
NOTICE OF-SHERIFF'S _SALE.OF REAL PRORMY
TO: JOSEPH C. CARMINATI
67 SPRING ROAD
Carlisle, PA 17013-6006
K STREET VIDEO & PIZZA
1548 SPRING ROAD
CARLISLE, PA 17013
Your house (real. estate) at 67 Spring Road, Carlisle, PA 17013 is
scheduled to be sold at the Sheriff's Sale on DECEMBER 08, 1999, at 10:00
A.M. in the COMISSIONERS HEARING ROOM 2ND FLOOR, COURTHOUSE, CARLISLE,
PA., to enforce the court judgment of $105,115.50, obtained by Plaintiff
above (the mortgagee) against you. If the sale is postponed, the
property will be relisted for the Next Available Sale.
NOTICE OF OWHERI3 RIGHTS
YOU MAY ES ABLE TO PREVENT, TH1S sHERIEF C SALE
To prevent this Sheriff fIs Sale, you must take immediate aotionj
1. The sale will be cancelled if you pay to the mortgagee the back payment, late
charges, costs and reasonable attorneys fees. To find out how much you must pay,
you may call. JU9"1 4B2=6100-
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.)
_ r
YQU_MAY STILL_BE__AHLE T0-SAVE_.YOME-PROPERTY AND_YOU_HAVE_O.THER-ltIMM
EXEN_IF_TSE_SHERIFF'-"ALE_DOES_TARE_PLACE...
1. If the Sheriff fIs Sale is not stopped, your property will be sold to the
highest bidder. You may find out the price bid by calling 609-482-6900.
2. You may be able to petition the Court to set aside the sale if the bid price
was grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount
due in the sale. To find out if this has happened, you may call 609-482-6900.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain
the owner of the property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is
paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer
may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house.
A schedule of distribution of the money bid for your house will be filed by the Sheriff
within 30 days after 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 Schedule of 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 TARE 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 BMP.
LAWYER REFERRAL SERVICE
Court Administrator
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013-3387
717-240-6200
ASSOCIATION DE LICENCIDADOS DE FILADELFIA
Court Administrator
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013-3387
717-240-6200
Ala THAT CERTALN house end lot of ground situate formerly at No. 67
Metzger Street, now 67 Spring Road, in the Borough of Carlisleil Countyy oP
Cumbwcland,
vita , State of Pennsylvania, bounded and described an toowa, to
BEDINUM at the 5outhw
Beidler, now of Mra. Ma
Oiler South Sixty-five
(11) ?,nohea, to a goat
East For ytones(41) )da
2 feet 5tihahesltofatpo?
97 Peet 8 inches to a p
demarI?pttionait ni Dead Roo]
Nino (9) degrees East F:
of BE®INNINO,
corner of lot of ground formerly of John a.
iler; thence by lot of the said Mrs, Mary
) degrees Ea9t Thirty-one (31) feet Ulaven
We the mama Routh Fifty-one (51) degrees
Two ( ) inches to a postl thence by the same
yayZest Eighteen fie) loot Three (3) inches to
thence said ylanothertaalleydWorreths625degreessWestt
3tances were formerly on Metzger street now Spring Road ted 11, paga 119); thh'ancesby spring Roa North
-four (5a) feet Nine (9) inches to the ni=we
TAX PARCEL NO.: 06-20-1800-002
BEING KNOWN AS 67 SPRING ROAD
TITLE TO SAID PREMISES IS VESTED IN JOSEPH C- CARMINATI BY DEED
FROM GARY B. DAVIS DATED 9/29/1997 AND RECORDED 10/14/1997 IN DEED
BOOK 165 PAGE 1135
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 99-2839 CIVIL 1m{?zm
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF Cnmty rl and COUNTY:
To satisfy the debt, interest and costs duo C S?Bank of l xas f/k/a IY xas Comrerce Bank N .A.
as Custodian PLAINTIFF(S)
from Joseph C. Carminati, P.O Box 1006, Carlisle, PA 17013-6006
(1) You are directed to levy upon the property of the defendant(s) and to sell qr p Trial nogrri = ti nr,
(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/are 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 properlyof thedefendant(s) not leviedupon an subject to attachment is found inthe possessionof anyoneother
than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjo fined as above
stated.
Amount Due $105,115.50
from 7 24/99 to date of sale
Interest , 2/o loon;
Atty's Comm
Arty Paid $101.
Plaintiff Paid
Date: Angngt 4.. 1999
REQUESTING PARTY:
Name Mark J. lldren Esg
Address: _ 1040 N. Kings Highway Suite 500
Cherry Hill, NJ 08034
Attomey for: Plaintiff
L.L. $.50
Due Prothy_ $$0
_
Other Costs
Curtis R n_a_
_ Prothonolary, Civil Division
2 by 2
Deputy
Telephoner 609-48206900 _
Supreme Courl ID No.
09 Q2_ `_____
REAL ESTATE SALE No. i 9
Un )L. j $I r,/ 9 9 the sheriff levied :span the defenrlar,t:
Interest in the real property situated in
Cumberland County, Pa„ knmvn and nwnbared as: 6? .L,
ILA,_ rand more fwi y desm,ibliid Exhibit "A" filed wi*
this writ and cy this refercnce incorporated herein.
r4t9._ I By s?
VINVAI,lSNN3d
66, W 80 h S say
Al hi., ;;M,10
JJ1H3HS 3H1 j0 301jj0
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Roger M. Morgentlial, Esquire, Editor of the Cwnberland Law Journal, of the County
and Stale 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 Slate
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 22, 29, NOVEMBER 5, 1999
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. 19
Wilt. No. 99-2839 Civil
Chase Bank of Texas, f/k/a Texas
Commerce Bank, N.A. as Custodian
VS.
Joseph C. Carminall
Atty.: Mark J. Udren
ALI. THAT CERTAIN house and lot
of ground situate formerly at No. 67
Metzger Street, now 67 Spring Road,
In the Borough of Carlisle, County of
Cumberland, State of Pennsylvania,
bounded and described as follows, to
wal:
BEGINNING at the Southwest cor-
ner of lot of ground fotnheriv of John
B. Beldler, now of Mrs. Mary Oiler:
thence by lot of de said Mrs. Mary
Otler. South Sixty-five (65) degrees
East Thirty-one (31) feet Eleven (11)
Inches, to a past; thence by the same
South Fifty-one (51) degrees East
SUMy-three ((3,3) feet Two (2) Inches to a
post; thence by the same Snuth
Fony-one t41) drgtvrs East Eighteen
(IS) feet Thu (3) Inches to a past at
an alley; thence by said alley South
49 degrees 15 nunutes West 2 feel 5
Inches to a post; thence by another
alley North 82 degrees West 97 feet 8
Inches to a palm formerly on Metzger
Street, now Spring Road (the above 2
courses and distances weir enone-
ously entitled from the description In
fired Book 1131, prtge 119); theme by
Spring Road Nrrih Nine (9) degrees
East Flfty-lour 154) feet Nine (9)
Inches to the Place of BEGINNING.
TAX PARCEL. NO.: 06-20 18t0
002.
BEING KNOWN AS 67 SIVING
ROAD.
1111L 70 SAID I'IOMIU 11Cs IS
1'I;ti11:11 1%-;0SI:Hi )'. ('.A 10,11NA11
to DIAA) IWOO +LAI:1' It D.glTs
DAIIA) '+/11+/1'+'.+7 AND RI,
1RAhK 1+,', r'AGE 113`,
Rog rM. Morgenthal, Editor
SWORN TO AND SUBSCRIBED before me this
5 day of NOVEMBER. 1999
NUTARIAL SEAL V
LOIS E. SNYDER, Notary Public
CarWe Soro, Cumberlond County, PA
My Comminim Expires Womb S, 2001
1
?1
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Rct No, 5587, 8ooro d May 16 1929
Commonwealth of Pennsylvania, County of Dauphin) as
Michael Morrow being duly sworn according to law, deposes and says:
That he is the Assistant Controller of THE PATRIOT-NEWS CO., a corporation organized and existing under the laws
of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, In
the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of THE PATRIOT-NEWS and
THE SUNDAY PATRIOT-NEWS newspapers of general circulation, printed and published at 812 to 818 Market Street,
In the City, County and State aforesaid; that THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS were established
March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday and Metro editions/issues which appeared on the 26th day of October and the 2nd
and 9th day(s) of November 1999. 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 ounty of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION _
COPY sc it add before me this 18th day ?Novemb r ?.D.
S A L E #19 l S f/
No ry Public NOTAR PUBLIC
phin County
ncs Ju ne 6, 2002
RNo18 Member, Pssociation of Not ; commission expires June 6, 2002
nWol(Ndtre
i )TO!rfn
CUMBERLAND COUNTY SHERIFFS OFFICE
j 6"-Rank of Texas -
flWaTexas Commerce COURTHOUSE
Bank,N.A."Custodian CARLISLE, PA. 17013
tK'
Jotwph C. Ctrminati
Mark IPJnllodNrarn` " Statement of Advertising Costs
1 A
ALL THAT -CERTAIN hmse'and la of To THE PATRIOT-NEWS CO., Dr.
around snuste,forms at No. 67 Metzger For publishing the notice or publication attached
C now 87 wito Road, In Me Borough
of Carlisle, County 2Cumberland, State of hereto on the above stated dates $ 265.50
Pennsylvania; bounded and described as
follows, to 'wit probating same Notary Feels) $ 1.50
i BEGINNING at the Soultnvest corner of Total $ 267.00
i lot of ground formerly of John B. Balder,
now ot?lrs. Mary Oiler, Nmae by for of Ha
saM Me Oster, sixty-five (69) her' B Receipt for Advertisin Coat
Thk,rd. (31) feet Eleven 4
(1t Put thence by the same of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general
Sout51) degrees Eaat;.Sl*-
three (63) teat Two (z) itches to a post: aipt of the aforesaid notice and publication costs and certifies that the same have
k triers bbatrr the s ame South Fpee( threr thrmse(41 THE PATRIOT-NEWS CO.
menu aid
, . T l?; Ifi thence by said
to a a post poll at et' an an al; deg Met S was to a reesPost; thence by another
West 2 By ....................................................................
! easy North 82 degrees watt 97 feet 8
inches to a point formerly on Metzger
Street now spdna Road (the above 2
courses and c fatances were. erroneous
oorN3t11ed from the description In Deed Book
North Nptaag page 110); thencs by Spring Read
IM Nine _(9? 0?s tto tthemY laace Place of
AS 67 SPRING ROAD.
PREMISES Is vested in
It by Deed from Gary B.
197 and recorded 10/141
165 Page 1135.
REAL. ESTATE SALE NO 19
51,000.00Ad•:anceCostsP2id 8/9/99 Arr,•. Mark J. Udren
Assessed' valuationS 4720.00
W'PJ NO. 99-2839 Civil
Chase Bank of Texas f/k/a Texas Commerce
Bank, N.A. as Custodian
VS
Joseph C. Carminati
67 Spring Road
Carlisle, PA 17013
REAL DEBT
1\1tREST 7/24/99 105,115.20
to 12/8/99 # 26.35 per diem
ATi'S FEES 3,609.95
%t`2r.IT COSTS AM'
ESCROW' 102.10
LATE CHARGE
SHERIFF'S COSTS
Docke_ine
Poundaze 30.00
14.23
Poszir:J Bills
Adverrlsine 15.00
Acknowled in2 Deed 15.00
.1, *oreer 30.00
Laty Library 10. 00
Counr. .50
Llilea?- 1.00
Ce t Mail 6.20
Lei,. . 74
Postpone Sale 25.00
Surcharge
" 26.00
Legal Beard,
Lz%%' Jounal
Patriot
230.00
Snare of Bills 267.00
Distribution of P.oceecs 23.63
Sh_d;; s Deets 25.00
STAMTIS 26.50
Pa. Transfer Tas
Two or 3Oro Transte: jz%
TA YES
Tax Claim Bureau 828.69