HomeMy WebLinkAbout99-05454V
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein / I.D. No. 53002
Kristen J. DiPaolo / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
EQUICREDIT CORPORATION OF PA,
Plaintiff,
V.
JOSEPH C. CARMINATI,
Defendant.
NOTICE
YOU HAVE BEEN SUED IN COURT, IF YOU WISH TO DEFEND
AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES.
YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER
THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND
FILING IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU
ARE WARNED THAT IF YOU FAIL. TO DO SO THE CASE MAY
PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED
AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR
ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER
CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY
LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO
YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
Cumberland County Court Administrator
4th Floor
Cumherland County Court House
1 Courthouse Square
Can is le, PA 171013
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. eK
NOTICIA
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ly
LE HAN DEMANDADO A USTED EN LA COR'rE. SI USTED
QUIERE DEFENDERSE DE ESTAS DEMANDAS E%PUESTAS EN LAS
PAGINAS SIGUIENTES, USTED TIENE 120) DIMS DE PLAZO A
PARTIR DE LA F'ECtA DE LA DEMANDA Y LA NOTIFICACION.
USTED DEBE PRESENTAR UNA APoRIENCIA ESCRITA 0 EN
PERSONA 0 POR ABOGADO Y ARCHIVAR EN LA CORTE SUS
DEFENSAS 0 SUS OBJECIONF.S A LAS DEMANDAS ENCONTRA DE
SO PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE
LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN
'CONTRA USTED SIN PREVIO AVISO O NOTIFICACION 0 POP
lUALQrER QUEJA O ALIVIO QUE ESPEDIC-3 FN LA PET!-ION
DE DEMANDA. USTED PUEDE PERDER DINERO, SUS
PROPIEDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A ON ABOGADO INMEDIATA.MENTE. SI
NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFLCIFNTE
PARA PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME FOR
TELEFONO A LA OFICINA C1YA DIRECCION SE ENCUENTRA
ESCRITA ABAJO PARA AVERFGUAR CONDE USTED PUEDE
C"SEGUIR ASISTFLNCIA LEGAL.
Cumberland County Court Adm?r.retracor
4th Floor
Cumberland County Court House
1 Courthouse Square
cPA 11011
17171 240-6200 1 11!71 24,1 -1 ,•
NOTICE REQUIRED UNDER THE FAIR
DEBT COLLECTION PRACTICES ACT,
15 U.S.C. 5 1601 (AS AMENDED) AND
THE PENNSYLVANIA UNFAIR TRADE PRACTICES
ACT AND CONSUMER PROTECTION LAW,
73 PA. CON. STAT. ANN. 5 201, ET SEQ. ("THE ACTS")
To the extent the Acts may apply, please be advised of the
following:
1. The amount of the original debt is stated in the Complaint
attached hereto.
2. The Plaintiff who is named in the attached Complaint and/or
its loan servicing agents are Creditors to whom the debt is
owed.
3. The debt described in the Complaint attached hereto and
evidenced by the copies of the mortgage and note will be
assumed to be valid by the' Creditor's law firm, unless the
Debtors/Mortgagors, within thirty days after receipt of this
notice, dispute, in writing, the validity of the debt or some
portion thereof.
4. If the Debtors /Mortgagors notify the Creditor's law firm in
writing within thirty days of the receipt of this notice that
the debt or any portion thereof is disputed, the Creditor's
law firm will obtain verification of the debt and a copy of
the verification will be mailed to the Debtor by the
Creditor's law firm.
5. If the Creditor who is named as Plaintiff in the attached
Complaint is not the original Creditor, and if the
Debtor/Mortgagor makes written request to the Creditor's law
firm within thirty days from the receipt of this notice, the
name and address of the original Creditor will be mailed to
the Debtor by the Creditor's law firm.
6. Written request should be addressed to:
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Attention: Kristen DiPaolo, Esquire
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
* THIS LETTER MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT
AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE
1. (a) The Plaintiff, EquiCredit Corporation of PA is a
corporation having been organized under the laws of the
Commonwealth of Pennsylvania and having its principal place of
business at 10401 Deerwood Park Blvd., Jacksonville, Florida 32256.
(b) The subject loan is being serviced by EquiCredit
Corporation of America, itself being a corporation organized under
the laws of the Commonwealth of Pennsylvania and having a principal
place of business at 10401 Deerwood Park Blvd., Jacksonville,
Florida 32256.
2. (a) The Defendant, Joseph C. Carminati, is an individual
whose last known address is P.O. Box 1006, Carlisle, PA 17013.
(b) The Defendant, Joseph C. Carminati, holds an
interest in the subject property as both a Real Owner and
Mortgagor.
(c) If the above named Defendant is deceased, this
action shall proceed against the deceased Defendant's heirs,
assigns, successors, administrators, personal representatives
and/or executors through their estate whether the estate is
probated.
3. (a) The residential mortgage being foreclosed upon is
secured by property located at 536 North Pitt Street, address
within the Fifth Ward of the Borough of Carlisle, Cumberland
County, Pennsylvania.
(b) All documents evidencing the residential mortgage
have been recorded in the Recorder of Deeds' Office in Cumberland
County, Pennsylvania.
(c) The Mortgage was executed on October 29, 1997 and
was recorded on November 6, 1997 in Mortgage Book 1415, at Page 19.
(d) The legal description for this parcel is attached
and incorporated as Exhibit "A" (Mortgaged Premises).
(e) The herein named Plaintiff has standing to bring the
instant action by virtue of Assignments of Mortgage, duly and
publicly recorded as below:
Assignor: Crusader Bank F.S.B.
Assignee: EquiCredit Corporation of PA
Recording Date: April 1, 1999
(Assignment) Book: 608
At Page: 599
(f) By virtue of Pennsylvania Rules of Civil Procedure
Rule 1147 (1) and 1019(g), and on the basis of environmental
responsibility, Plaintiff is not obliged to append copies of the
above mentioned publicly recorded documents to this mortgage
foreclosure action. These documents are, however, appended hereto
and incorporated herein by reference as Exhibit "B".
4. The mortgage is in default because the Defendant above
named failed to timely tender the monthly payment of $612.36 on
February 1, 1999, and thereafter failed to make the monthly
payments.
5. As authorized under the mortgage instrument, the loan
obligation has been accelerated.
6. Plaintiff seeks entry of judgment in rem on the following
sums:
(a) Principal balance of mortgage $65,196.88
due and owing
(b) Interest due and owing at the 4,380.45
rate of 10.750%
calculated from the default
date above stated through
August 15, 1999
Interest will continue to
accrue at the per diem rate of
$19.47 through the date
on which judgment in rem is
entered in Plaintiff's favor.
(c) Late Charges due and owing under 153.05
Paragraph 6(A) of the Note in
accordance with the Mortgage Instrument
(d) Escrow Advances made by Plaintiff 652.00
Mortgagee on behalf of
Defendant mortgage account
(e) Court Costs and fees as recoverable 250.00
under the mortgage terms, estimated
(f) Attorneys' fees 3,259.84
Calculated as 5% of the principal
balance due, in accordance with
the mortgage terms
TOTAL IN REM JUDGMENT SOUGHT BY PLAINTIFF $73,892.22
I.
7. (a) The attorneys' fees set forth as recoverable at
Paragraph 6(f) are in conformity with Pennsylvania law and the
terms of the mortgage, and will be collected in the event of a
third-party purchaser at a Sheriff's Sale only.
(b) If the mortgage arrears are to be reinstated or
paid-off prior to the Sheriff's Sale, Plaintiff's actual attorneys'
fees (calculated at counsel's hourly rate) will be charged based
upon work actually performed.
8. (a) The original principal balance of the mortgage is
more than Fifty Thousand ($50,000.00) Dollars.
(b) Under Pennsylvania's ACT 6 of 1974, Plaintiff
Mortgagee is not obligated to serve Notice of its Intention to
Accelerate the mortgage obligation by certified and by regular
mailing, prior to initiating foreclosure proceedings.
9. (a) The subject mortgage is not governed by ACT 91 of
1983, in that the subject property is not the Defendant Mortgagor's
principal residence.
(b) Under ACT 91, notice is required only where the
property upon which the action is predicated is the Defendant
Mortgagor's principal residence.
WHEREFORE, the Plaintiff demands:
-- Entry of judgment in rem against the Defendant
above named in the total amount of $73,892.22, as
stated at Paragraph 6, plus all additional interest
and late charges accruing through date of judgment
entry; and
-- Foreclosure and Sheriff's Sale of the subject
mortgaged property.
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
r
BY: f -Q I?
Barbara A. Fein, Esquire
Attorney for Plaintiff
Attorney I.D. No. 53002
ALL THAT CERTAIN treat of land with the improvements thanori erected; Situate in the Ptfth
Ward of the Borough of Carlisle, Cumberland County, Penrnyhronle,,,bounded and described as
follower
ON THE EAST by North Pitt Street; on the South by land now or formerly of George F.
Lehman; on the West by.an alley; and on the North by lend now or formerly of John F. Myers;
having a frontage of 22.6 feet on North Pitt Street and extending 11011set In depth to the alley In
the rear.
BEING Improved with a dwelling house known an No. 836 North Pitt Street,
BEiNO THE SAME PREMISES, whhrh Daniel W. Wormer and Ma a A. Wormar,.busband and
wife by Dead dated August 28, 1906 and recorded In Cumberland Cc , In Dead Book D 32 papa
328 conveyed unto Lee M. Deihl and LEybelle R. DaiN, husband and Ifs,
BEING THE SAME PREMISES, which Lee M. Deihl and Ulyballe R. Deft by dead dated
and.reconied In Cumberland County, in Deed Sock i page
conveysd unto Gary S. Davis, In fee.
dos yo ,? ? ?
WHEN RECORDED MAIL TO:
CRUSADER BANK, F.H.B. ORIGINAL
1230 WALNUT STREET 6
PHILADELPHIA, PENNSYLVANIA 19107 CLASS S O s,J ABRUM
40 W. EVERMEN AVE=
Login Na. 97-0409202 PHILADELP11IA,PA. lolls
1) .3 113 41.30
ISptre Above This Um For Recording ?rer 213 248'6233
MORTGAGE
THIS MORTGAGE ('Security Instrument') Is given on OCTOBER 29, 1997
The mortgagors JOSEPH C. CARMINATI, AS HIS SOLE AND SEPARATE PROPERTY
CRUSADER HANK, F. S. B. ('Bormwer'). Th? Security Inatmment Is given to
which is organized and existing under the laws of PENNSYLVANIA I , and whom address V
1230 WALNUT STREET
PHILADELPHIA, PENNSYLVANIA 19107
SIXTY FIVE THOUSAND SIX HUNDRED AND (00//100 Bortawer owes lender the principal mm of
Dollars (U.S. S 65, 600.00 ). This debt is evidenced by Borrower's note dated the same date as this
Security Instrument ('Note'), which provides for monthly payments, with the full debt, if not paid eutia, due and
payable an NOVEMBER 1, 2027 . This Security instrument secures to lender: (a) the repayment of
the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the
payment of all other sums, with Interest, advanced under paragraph 7 to Pret$$tt the security of this Security
Instrument; and (c) the performance of Borrower's eovenaou and agreements u°derlthis Security Instrument and the
Note. For this purpose, Borjower does hereby mortgage, grant and convey to Leader,, the following described property
located In CUMBERLAND I County, Pennsylvania:
LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART'HEREOP AS EXHIBIT
"Ae
1-4 FAMILY RIDER ATTACHED HERETO AND MADE; A PART HEMP.
100 (600
(--(o 13
11
e
which bas the address of 536 NORTH PITT STREET CARLISLE
[Sorrell [City]
Pennsylvania 17013 ('Property Addreas');
[ZIP code)
PONSYLVANIA EXHIBIT
wsntra?rr vre.mssn°ip,w ieea)
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TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, end fixtures now or hereafter a part of the property. All replacement and additions shall also be
covered by this Security Instrument. All of the foregoirg is referred to in this Security Instrument as the 'Property.'
BORROWER COVENANTS that Borrower is lawfully wised of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to my
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for nstional use and nonuniform covenants with
limited variations byjurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree u follows:
1. Payment of Principal and InWW; Prepayment and lam (barges. Borrower shall promptly pay when due
the principal of and Interest on the debt evidenced by the Note and my prepayment and Iwo charges due under the
Note.
2. Funds for Taxes and humarcs. Subject to applicable law or to a written (vaWer by Lender, Borrower shall
pay to Lender on the day monthly payments me due under the Note, until the Note is paid In full, a sum ('Funds')
for: (a) yearly tarp and assessments which may attain priority over this Security fill suit u a lien on the Property;
(b) yearly leasehold payments or ground rents on the Property, if my; (c) ywy hound or property Wurann
premiums; (d) yearly flood insurance premiums, if my; (e) yearly mortgage Insurance premiums, if my; and (O my
sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of
mortgage Insurance premiums. These items are called 'Escrow Items,' Lender coy, at my time, collect and hold
Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan vary require
for Borrower's escrow account under the federal Rill Estate Settlement Procedures Act of 1974 as amended from time
to time, 12 U.S.C.§ 2601 of seq. ('RESPA'), unless mother law that applies to the Funds sell a laser amount. If
so, Lender may, at my time, collect and hold Funds in an amount net to exceed the Inner amount. Lender coy
estimate the amount of Funds due on the bills of current data and reasonable u(imata of expenditures of future
Escrow Items or otherwise In accordance with applicable law. II
The Funds shall be held in an institution whore deposits are insured by a federil agency, instrumentality, or entity
(including Lender, If Lender is such m institution) or in my Federal Home Lou Bahk. Lender shall apply the Fends
to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Foods, annually analyzing
the escrow account, or verifying the Escrow Items, unless Lender pays Borrower Interest on the Funds and applicable
law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an
Independent real estate in reporting service used by Lender in comecdon with this lom, unity applicable law
provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be
required to pay Borrower my interest or earnings on the Funds. Borrower and lender may agree in writing, however,
that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds, showing credits and debits to the Funds and the purpose for which each debit to the Fads was made. The
Funds are pledged as additional security, for all sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to
Borrower for the excess Funds in accordance with the requirements of applicable low. If the artiomt of the Funds held
by Lender at my time is not sufficient to pay the Escrow Items when due, Lender may so ratify Borrower In writing,
and, in such cue Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make
up the deficiency in no more than twelve monthly payments, at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower
my Funds held by Lender. If, under paragraph 21, Lender shall acquire or cull the Property, Lender, prior to the
acquisition or sale of the Property, shall apply my Funds held by Lender at the time of acquisition or sale u ¦ ewdit
against the sums secured by this Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under
paragraphs, I and 2 shall be applied: first, to my prepayment charges due under the dote; second, to amount payable
under paragraph 2; third, to interest due; fourth, to principal due; an d tut, Io my-'LTjfbYme charges due under the Note.
4. Charges; L km. Borrower shall pay all taxes, usessments, charges, fIn ,
u impositions attributable to the
Property which may attain priority over this Security Instrument, and leasehold ymenu or ground rest, if my.
Borrower shall pay these obligatiom in the manner provided in paragraph 2, or if nt paid in that manner, Borrower
shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices
of amounts to be paid under this paragraph. If Borrower make these payments directly. Borrower shall promptly
furnish to Lender receipts evidencing the payments.
Borrower shall promptly discharge my lien which has priority over this Security Imtrumeen owes Borrower; (a)
agrees in writing to the payment of the obligation secured by the lien In a manner acceptable to Lender; (b) contests
in good faith the lien by,or defends against enforcement of the lim in, legal proceedhjgs which In the Leader's opinion
operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement utisfactory
to Lender anbordinetinn th p lien to this Security Instrument. If Lender determine that my pan of the property is
subject to a lien which ay attain priority over this Security Instrument, Lender may Ive Borrower a ndtice identifying
the lien. Borrower th1 satisfy the lien or take one or more of the action set forth Idetive within 10 days of the giving
of notice. '
5. Hazard or Property Imurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term occluded coverage' and my other hazards,
including floods or flooding, for which Lender requires inanrmce. This insurance shall be maintained in the smounts
and for the periods that Lender requires. The insurance carrier providing the insurance shall be Chown by Borrower
subject to Lender's approval which shall not be umeuocably withheld. If Borrower falls to maintain coverage
described above, Lender may, at Lender's option, obtain coverage to pretest Leader's rights In the Property in
accordance with paragraph 7.
PENNSYLVANIA .. Sinate Firmly - Fuels Msdlaedste atse UNUUM INSMU131R , Perm 30119 9M (pass 2 of 6)
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All insurance policies and renewals shell he acceptable to Lender and shall include a standard mortgage clause.
Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to
Lender all reaipts of paid premiums and renewal notices. In the event of loss. Borrower shall give prompt notice to
the insurance carrier and Lender. lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing. Insurmce proceeds shall be applied to restoration or
repair of the Properly damaged, if the restoration or repair Is economically feasible and Lender's security it not
lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Insurance
proceeds shall be applied to the sums secured by this Security Itutmment, whether or not then due, with my Ascent
paid to Borrower. If Borrower ebmdons the Property, or does not answer within 30 days a notice from Lender that
the insurance carrier has offered o settle a claim, then Lender may collect the insurance proceeds. Lender may use
the proceeds to repair or restore the Property or to pay sums soured by this Security Instrument, whether or not show
due. The 30-day period will begin when the notice Is given.
Unless Lender and Borrower otherwise agree in writing, my application of proceeds to principal shat] not Attend
or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the mount of the
payments. If under paragraph 21 the Property is acquired by Lender. Borrower's ri)Iht to my insurance policies and
proceeds resulting from damage to the Property prior to the Acquisition shall pus to, Lender to the extent of the sums
secured by this Security Instrument immediately prior to the Acquisition, 1
6. Occupancy, Preservatlam, Maialmasre and liolslion of the Property, Bmmaee9 Lao Applications;
liaatbolds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixtydays
after the execution of this Security Instrument and shall continue to occupy the Property u Borrower's principal
residence for at lent mte year after the date of occupancy, unfeas Lender otherwise agrees in writing, which consent
shall not be unreasonably withheld, or unless extenuating cimumburces exist which are beyond Borrower's control.
Borrower shall not destroy, dmnsge or impair the Property, allow the Property to deteriorate, or commit waste on the
Property. Bonower shall be In default if my forfeiture Action or proceeding, whether civil or criminal, is begun that
in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially Impair the lien
created by this Security Instrument or Lender's security interest. Borrower may core such a default and mbutete. As
provided in paragraph 18, by causing the =lion or proceeding to be dismissed with a ling that, in leader's good faith
determination, precludes foffeitum of the Borrower's interest in the Property or otha material impairment of the lien
created by this Smurity Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during
the low application process, gave materially false or Inaccurate information or elklemmu to leader (or failed to
provide Lender with my material information) in connection with the lom evidenced by the Note, including, but not
limited to, representations concerning Borrower's Occupancy of the Property u a principal residence. If this Security
Instrument is on a leasehold, Borrower shall comply with all the provisions of the leads. If Borrower Acquires fee title
to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger In writing.
7. Proteetlon of leader's Rights in the Property. If Borrower fails to perform the covenants and agreements
contained in this Security Instrument, or them is a legal proceeding that may significantly affect Lender's rights In the
Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to mfome laws or
regulations), then Lender may do end pay for whatever is necessary to protect the value of the Property and finder's
rights in the Property. Lender's Actions may include paying my sums secured by a lien which has priority over this
Security Instrument, appearing In coos[, paying reasonable attorneys' fees and entering on the Emptily to make repairs.
Although lender may take action under this paragraph 7. Lender does not have to do to.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by
this Security Instrument. Unless Borrower and Lender agree to other tenor of payment, these amounts shall bear
interest from the date of disbursement at the Note rate and shall be payable, with Interest, upon notice from Lender
to Borrower requesting payment
8. Mortgage Banusax. If Lender required mortgage insurance as a condiddn of making the low secured by
this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,
for my reason, the mortgage insurance coverage required by Lender lapses or comes to be In effect, Borrower shall
pay the premiums requited to obtain coverage substantially equivalent to the mortgage insurance previously in effect,
at a cost substantially equivalent to the cost to Borrower of the mortgage irum4a previously in effect, from m
alternate mortgage Insurer approved by Lender. If subatmtially equivalent me gage insurance coverage is not
available, Borrower shall pay to Lender each month a sum equal to onrlwelBh f the yearly mortgage kuurance
premium being paid by Borrower when the Insurance co--.-- alapsed or ceased w be in effect. Lender will arcapt.
use and retain these payments a a loss reserve in lieu of mortgage insurance. Loss reserve payments may m longer
be required, at the option of lender, if mortgage insurance coverage (in the amount and for the period that Lender
requires) provided byte insurer approved by Leader again becomes available ad is obtained. Borrower Shall pay the
premiums required to maintain mortgage insurance in effect, or to provide a Ims reserve, unto the requirement for
mortgage imurana ends in accordance with my written agreement between Borrower and Lender' or applicable law.
9. Inspection. Lender of its agent may make reasonable entries upon and la(pecdo= of the Property. Lender
shall give Borrower notice at the time of or prior to an inspection specifying =enable am for the Impetion.
10. Coodemmtim. The proceeds of my award or claim for damages, direct or mequential, in connection with
my condemnation or other raking of my pan of the Property, or for conveyance in lieu of condemnation, ere hereby
migned and shall be laid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security
instrument, whether or not then due, with my excess paid to Borrower. In the event of a partial taking of the Property
in which the fair market value of the Property immediately before the taking is equal to or grater than the amount
of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise
agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds
multiplied by the following (radian: (a) the total amount of the sums secured immediately before the taking, divided
by (b) the fair market value of the Property immediately before :he taking. Any balance shall be paid to Borrower.
In the event of a partial taking of the Property in which the fair market value of the Property immediately before the
taking is less than the amount of the sums seared immediately before the taking, unless Borrower and lender
otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums
FS"SYLVANIA - Sinaie Fanny .. Pamte h4wrPoeddk arse UNBORN mSMt9AM , row 30N 9190 (pap 3 of d)
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secured by this Security Instrument whether or not the sums me then due,
If the Property is abandoned by Borrower, or if, after notice by lender to Borrower that the condemnor offen
to make an'awad or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the
notice is given, Lander is authorized to entices and apply the proceeds, at Its option, either to «atorstioo or repair of
the Property or to the sums scoured by this Security Instmment, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend
or postpone the due dale of the monthly payments referred to in paragraphs I and 2 or change the amount of such
payments.
11. Bomar Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Under to any successor in
Interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in
interest. Under shall not be required to commence proceedings against any suecnscor In interest or refuse to extend
time for payment or otherwise modify s moniration of the sums secured by this Security Instrument by reason of any
demand made by the original Borrower or Borrower's successors in interest. Any fabounce by Under In exercising
any right or remedy shall not be a waiver of or preclude the exercise of any right I comedy.
12. Succism and Assign Bound; Joint and Several Liability; Co-dgoe t. The, covenants W agreements of this
Security Instmment shall bind and benefit the successor W assigns of Lender and Borrower, subject to the provision,
of paragraph 17. Borrower's covenants and agreements shall be joint and several.' Any Borrower who co-sign this
Security Immanent but does not execute the Note: (a) is co-signing this Security Instmment only to mortgage, grant
and convey Iha BanmwAr'a Interest In the Property under the to= of this Security lnsnument; (b) is not personally
obligated to pay the sums secured by this Security Instrument; and (c) agrees that lender and any other Borrower may
agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or
the Note without that Borrower's consent.
13. Lotus Charge. If the loan secured by this Security Instrument Is subject to a law which sets maximum loan
charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected In
connection with the Ion exceed the permitted limits, than: (a) any such loan charge shall be reduced by the amomt
necessary to reduce the charge to the permitted limit; and (b) my sums aired){ collected from Borrower which
exceeded permitted limits Will be refunded to Borrower. Leader may choose to a this Island by reducing the
principal owed under the Note or by making a direct payment to Borrower. If a refunE reduce principal, the reduction
will be treated as a partial prepayment without my prepayment charge under the dote.
14. Notion. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or
by mailing it by It class mail unless applicable law require use of another method. The notice shall be dimmed to
the Property Address or my other address Borrower designate by notice to Under. Any node to fender shall be
given by first class mail to Lender's address stated herein or any other address Lender'desigute by notls to Bonower.
Any notice provided for in this Security Instrument shall be Licensed to have ban given to Borrower or Lends when
given as provided in this paragraph.
15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which the Propenv is located. In the event that my provision or clause of this Security Instrument or
the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the
Note which can be given effect without the conflicting provision. To this end the provisions otJhb Security Instrument
and the Note m declared to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Trmsla of the Property or a Beneficial Interest in Borrower. If all or any pat of the Property or my
interest in It is sold or transferred (or if a beneficial interest in Borrower is old or transferred ad Borrows is not
a natural person) without Lender's prior written consent, Under may, at its option, require immediate payment in full
of all sums secured by this Security Instrument. However, this option shall not be'exercised by Under if exercise Is
prohibited by federal law a of the date of this Security Instrument.
If Under exercises this option, lender shall give Borrower retim of Acceleration. The notice shall provide a
period of not lest than 30 days from the date the notice is delivered or mailed within which Borrower must pay all
sums secured by this Security Instrument. If Borrower fails to pay these sumo prix to the expiration of this period,
Under may invoke my remedies permitted by this Security Instrument without funk r entice or demand on Borrower.
18. Borrower's Right to Reimtam. If Borrower meets certain conditions, Bo own IMI have the right to have
enforcement of this Security Instrument discontinued At my time prior to the eu er or., (a) 5 days (or such other
period as applicable law may specify for reinstatement) before sale of the Property pursuant to my power of we
contained in this Security Instrument; or (b) entry of ajudgment enforcing this Sea(ily Instrument. Those conditions
are that Borrower: (a) pays Under all sums which then would be due under this Security Instrument and the Note
as if no acceleration had Occurred; (b) cures my default of my other covenants or apeemena; (c) pays all expense
incurred in enforcing this Security Instaument, including, but not limited to, reasonable attmreys' Teas; and (d) take
such Action as Lender may reasonably require to assure that the lien of this Security onswment, lender's rights in the
Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged.
Upon reinstatement by Borrower, this Security instrument and the obligation #ccauuured hereby shall mnrin fully
effective as if no accelerbtlml had occurred. However, this right to reinstate shall nts? apply in the cue of acceleration
under paragraph 17. f
19. Sale of Notes Change of Um Services. The Note or a partial interest in the Note (together with this
Security Instrument) may be sold one or more times without prior notice to Borrower. A We may result in a change
in the entity (known a the 'Lon SeMcer') that collects monthly payments due under the Note and this Security
Instrument. There also may be one or mom change of the Loan Servicer unrelated to a We of the Note. If them
is a change of the Lon Services, Borrower will be given written notion of the change In accordance with paragraph
14 above and applicable law. The notice will auto the ewe and address of the new Loan Seminar and the address
to which payments should be made. The notice will also contain my other intonation required by applicable law.
PENNSYLVANIA - Sinsle Paodly - Fusla UseJl§eddfe Is. UNW W BIS7RIJME rr I Pan 30" 9M (qp 4 of 6)
Boog Mpila 22
20. Hazardous Substances. Borrower Shall not cause or permit the presence, use, disposal, storage, or release
of my Hazadous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything
affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to
the presence, use, or Storage on the Property of small qualities of Hazerdou Substances that are generally recognized
to he appropriate to name] residential uses and to maintenance of the Properly.
Borrower shall promptly give Lender written notice of any investigation. claim, demand, lawsuit or other action
by any governmental or regulatory agency or private party Involving the Property and any Hazardous Substance or
Environmental law of which Borrower has actual knowledge. If Borrower learns or is notified by any governments]
or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is
necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental law.
As used In this paragraph 20, Hazardous SubSIMM arc those substances defined as toxic or hazmdou
substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic
petroleum products, toxic pesticides and herbicides, volatile solvents. materials containing asbestos or formaldehyde,
and radioactive materials. As used in this paragraph 20, 'Environmental law' mfaos federal laws and laws of the
jurisdiction where the Property is loured that relate to health, safety or environmgnW protection.
NON-UNIFORM COVENANTS. Harrower and lender further covenant and agree as follows:
21. Acceleration; Remedies. Lander shall give notice to Borrower prior to `eeslenlion following Borrower's
breach of any covenant or agreement in this Security Instrument (but out prior to acceleration under paragraph 17
unless applicable law provides otherwise). Lander shall notify Borrower of, among other things: (a) the default; (b)
the action required to cure The default; (c) when the default must be cured; and (d) that failure to cure the default as
specified may result in acceleration of the sums secured by this Security Instrument. foreclosure by judicial proceeding
and sale of the Property. Lender shall further inform Borrower of the right to reinstate after Acceleration and the right
to assert in the foreclosure proceeding the non-existence of a default or my other defense of Borrower to areelention
and foreclosure. If the default Is not cured as specified, Lender at its option may require immediate payment in full
of ell sums secured by this Security Instrument without further demand and may foreclox this Security Imtrusnen; by
judicial proceeding. Lender, shall be entitled to collect all expenses Incurred in punQQIng the remedies provided in this
paragraph 21, including, bat not limited to, attorneys' fees and cosh of Ihle evitoc to the extent permitted by
applicable law.
22. Release. Upon payment of all sum secured by this Security Instrument, this Security Instrument and the
estate conveyed shall terminate and become void. After such occurrence, Lendeir shall discharge and satisfy this
Security Instrument without charge to Borrower. Borrower shall pay my recordation costs.
23. Waiven. Borrower, to the extent permitted by applicable law, waives and releases my error or defects in
proceedings to enforce this Security Instrument, and hereby waives the benefit of my preaent or fufure laws providing
for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption.
24. Reinstatement Period. Borrower's time to reinstate provided in paragraph IB shall extend to one hour prior
to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument.
25. Purchase Money Mortgage. If my of the debt secured by this Security Imwment Is lent to Borrower to
acquire title to the Property, This Security Instrument shell be a purchase money mortgage.
26. Intent Rate Allis Judgment. Borrower agrees that the Interest rate payable after ajudgment is entered on
the Note or in m action of mortgage foreclosure shall be the rate payable from time to time under the Note.
27. Rlden to this Security Instrument. If can or mom riders are executed by Borrower ad recorded together
with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall
amend and supplement the covenants and agreements of this Security Imm m m as if the rider(s) were a pan of this
Security Instrument.
(Check applicable box(es))
ElAdjustable Rata Rider
Graduated Payment Rider
Balloon Rider
OmerW (specify)
Condominium Rider
Planned Unit Development Rider
EIRaw Improvement Rider
MNSYLVANIA Smile Family - Pamin MwJFmddb Noe tRmOlal INSMUMmrr
14 Family Rider
Biweekly Payment Rider
Second Ham Rider
puns 3e39919D(pap Said)
--------- PnAaldl,5Fing 2e9
BY SIGNING BELOW, Borrower acapu sod 291,501 to the terms and rovensats watained In pyu I through
6 of this S&%dty Imtmmmt and in any rider(s) executed by Borrower and rcmNed with it.
Witness: witness:
(?) (Sod)
J EP C. C 7 IATI •Bomw •Bonlrow
(SW) I (Sal)
• Barrow . Sonawrr
(Seal) (SW)
• Bomwar - Banaav
COMMONWEALTH OF PENNSYLVANIA, 1 K to didpL, C4ty u:
On this, the aA clay of O ash /?g 7 1 , befom me,
/ the undersigned officer, personally appeared JOSEPH C. CARMINATI
tnowv to me, (or utisfaeorily
proven) to be the person whore name / J sabscribed to the within Instruments
and aclmowledged that /X X metaled the same for the purpose beelu contained.
IN WITNESS WHEREOF, I heretwo set my had and official mg.
My Commission expires:
'to' "0 L CHOFF SEA. Puellc' i .,
FO5EOi E dS.livry ?nty
M?IC°mmiebnlEr?a'mr Janf in. t7J4
' I
Tide of Oahe
M MSYLVAIOA - Sint, Peaky - Fate Mwfflmd& Ism UNOORM MMUM fr , Fov x" 990" 6 of 6)
A4 C
Loan No.: 97-0409202
Property Address:
536 NORTH PITT STREET
CARLISLE, PENNSYLVANIA 17013
Exhibit 'A'
Legal Description
Date: OCTOBER 29, 199
Ward oft heHBe rough ratt Carlisle. Cumharend Countye .,
PennsyMnlabourn ndSand d In bed as
follows,
ON THE EAST by North Pltt Street; on the South by land now or formerly of Georga F.
Lehman; an the West by an allay; and on the North by land now or formerly of John F. Myers;
having a frontage of 22.8 feet on North Pitt Street and extending I101feat
the roar. M depth to the allay N
BEING Improved with a dwelling house known as No. 638 North Pltt Street.
gEING THE wife by Deed dated August 29, 11988 and recorded In Cumberland Co: I I IA. Wormerhusbandand
n Deed Book D 32 page
329 conveyed unto Leo M. Delhi and Lllybelle R. DeIN, husband and if..
BEING THE SAME PREMISES, which Lee M. Deihl and Lllybelle R. OdN by dead dated
and recorded In Cumberland County, In Deed gook l page
conveyed unto Gary S. Davis, in fee.
r
80011115 PAM 25
A.P.N. If 06-20-1798-094
i
1-4 FAMILY RIDER
(Ageigemeag of Resin) Loan Neirbar 97-0409202
THIS 14 FAMILY RIDER Is made this 29th dayof OCTOBER 1997
, and is incorporated low and shall be deemed to amend and supp(emem the Mortgage, Deed of Trust
or Security Deed (the SecurityWlrumem')of the same dam given by the undenisneit (the 'Borrower') to secure
Borrowers Now to CRUSADER BANE, F.9.B. 1
(the 'lender')
of tie same dam and covering the property described in the Security EN and as:
536 NORTH PITT STREET, CARLISLE, , PENNSYLVANIA 17013
[Property Address] '
14 FAMILY COVENANTS, In addition to the covenants and Agreements made in the Security
Wwmem, Borrower and Lender further covenant and agree as follows:
A. ADDMONALPROPERTY SUBJECT TO TILE SECURMINFMUMENT. In addition to the
Property described in the Security Wtmmem, the following items are added W the Property description, and $halt
also constitute the Property covered by the Security Iwtrumem: building meterWs, appliances and goods of every
metre whensoever now or hereafter located in. on, or used, or humored m be wed In commotion with the Property,
including, but not limited W. Nose for the purposes of supplying or distributing beating, coollog, electricity. Sm.
water, air and light, fire prevemion and extinguishing appanm, securiry,and access wmmil apparatus, plumbing,
bath Who. water huten, water claims. sinks, ranges, stoves, refrigerators, dishwashers, disposals, washer-, dryers,
awnings, storm windows, sto m doors, screens, blinds, shades, conceives and curtain rods, aWdsed writers, album,
panelling and attached floor coverings now or hereafter attached to the property, all of which, including
replacements and additions thercm, shall be deemed to be and mmhu a pan of the Property revered by the
Security Instrument. AB of the foregoing together with the Property described In the Security Instructions (or the
learehold estate if the Security Instrument is on a leasehold) are referred as in this 14 Family Rider and the
Security Instrument u the 'Property'.
B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall net auk, agree to or sake
a change in the we of the Property or its romng classification, unless Lender has agreed in wrWng in the change.
Borrower shall comply with all laws,ard'uuncd, regulations and requbetmnu of any oversaturated body applicable
m the Property.
C. SUBORDINATE LIENS. Except as permitted by federal law, Bo wer shall not allow any lion
inferior us the Security Instrument to be perfected apimt the Property without 4 is prior whom permission.
D. REM' LOSS INSURANCE. Borrower shall maintain lineman silosWI rcm lots to addition m die
other hazards for which insurance is required by UniWrm Covenant S.
E. "BORROWER'SRIGHT TO REINSTATE'- DELETED. Uniform Covemst 18 is deleted.
F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise Agra in writing. the tint
sentence in Uniform Covenant 6 concerning Borrower's occupancy of the Property is dewmd. Ail remaining
covemms and agreements set forth in UniWrn Covemm 6 shall remain in effect. G. ASSIGNMENT OF LEASES. Upon Lender's request, Borrower shill merge, to Leerier all Imes
of the Property and all security depmits made in connection with laves of the Property. Upon the assiginum.
Lender thaU have the right to modify, extend or terminate the existing tuns and W e ate new tuns. N Lender's
sole d'tscretian. Iles Wed in this paragraph G. the word "Inn' shall mean "sublease if the security Instrument is
on a lutehnld. I
It. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; ER IN POSSESSION.
Borrower absolutely and unconditionally assigns and tramfen to Lender all the rams and revenues ('Rem') of the
Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's
agents to collect the Rem, and agrees dot each hoar of the Property shall pry the Rem m Lender or Lender's
agem. However. Borrower shat receive the Rests until (1) Lender hu given Borrower notice ofdefidt purauam
MIMMSTATR 14 FAMILY RIDER -Still, Flndly-IRIMA44H.MC UNWM DISMUMWr FORM 3170 SM
m.®+-, Srv . W. case enrw Page 1 of 2
Baag141 pm . 26
ORIGINAL
i
to paragraph 21 of the Security hubumm and (ii) Leader haf given ounce m the Jammers) dug the Rem are m
be paid to Lender or Lender's agent. Tbh Assignment of Rena constitute, an absolute aaigmum and tut an
assignment for additional security only.
If Lender gives notice of breach in Borrower. (i) a8 Rents received by Borrower shall be held by
Borrower u trustee for the benefit of Lender only. on be applied an the sum secured by the Security Imm mew;
(it) Lender shall be entitled m collect and receive all of the Rents of the Properly; (Ill) Borrower Ogren that each
tenant of the Property shall pay all Rem due and unpaid m Lender or Lender's tl em upon Lendee's wrinea
demand to the recant; (11) unless applicable hwpravido Otherwise. all Rents collected yLender orLender'ugents
shall be applied finite the costs of taking control Oland managing the properly and collecting Ne Remaac, secluding,
but not limited to, attorney's fees, receiver's fees, premium on me,ver'sbo,, r5parr Arai mimme casts,
insurance premium, taxes, assessments and other charges on the Property, anMd Ihed at an sum secured by the
Security fragments: (v) Lender, Lender's agent or anyjudicially appointed reariver shall be liable m account for
only those Rents actually received; and (vi) Lender shall be entitled in have a receiver appointed an edge possession
of and mnage the Property and collect dte Rents and profits derived from the Property without my showing as
to the inadequacy of the Property u security.
If the Rents of the Property are we sufficient to cover the costs of taking control of and mmuging the
Property and of collecting the Rents any funds expended by Lender for such purposes shall became indebtedness
of Borrower W Lender secured by the Security Immanent pursuant to Uniform Covenant 7.
Borrower represent and warrants dug Borrower has not executed any prior Assignment of the Rents and
has tut and will rot perform any act that would prevent Lender from eaerching its rights under this Paragraph.
Lender, or Lenders agents of a judicially appointed receiver, shag out be required m ewer upom take
control of or maintain the Property before or after giving Ounce of default to Borrower. Holibver, Lender, or
Lender's agents or a judicially appointed receiver, my do to at any time when a default Occurs. Any application
of Rents shall not cure or waive any default or invalidate any odor right or remedy of Lender. This Assignment of
Rents of the Property shall terminate when all the sum secured by the Security Wwmw are paid in full.
1. CROSS-DEFAULT PROVISION. Borrower's default or breach under any was or agreement in
which Lender has m interest shall be a breach under the Security Imtrumen and Leader my Invoke my of the
remedies permitted by the Security hamument. i
BY SIGNING BELOW, Borrower accepts and agrees to the term and Imo hbm contained in this 1,4 Family
Rider.
(See
SIP H C. ('ARMINATI p (Sal)
Borrower Bersewes
_ (Sear) (gm)
Borrower Borrower
_ (Seal)
Borrower
State of
MULTITrAiH to FAMILY RIDER -SmSie Family -PNMAI49=
o 5s . W. ono, eswsa Page 2 of 2
Borrower
J 86
for the recording of Dead,
and County, P 'u
Bood415iiGt . 27
Imam ORIGINAL
Ih?epnrrd 11): Kim li. 1'nlllrs
LrxiXruernf aJ'Alorfgng¢
KNOW ALL MIiN it It' I IIBE I'll BEN IS that ('RI INADE11 IIANN, a Onporalion organized
and rnsnog uadVI the lows of the ('ntien'u wealth I I I pCollsyIell oin lorvolg Its prmctpal office located at
12111 Wit III tit StI re 1, I'll lladell) hln. Penalty IvaIllA, Ihr Mot (An gee tintied tiI the Mnr lgagc hcietrafler
uo•nuoned, l,„ 0111 1111 cunsldrtnnnn of do• som of ONh. I A )LI.Alt IS 11101 still other good and volunltle
cunridctnWm Inwlnl muter)', pant to n nI Iunld paid by Nquli'redll Corporation of PA
a coq'.anl.4.o "g'...n•d,,Id rsaslmg told", the h,ws of "be stale of I)rlasval'e
Milt tie gnnc9ml ollice lornled ill 10401 llrrloond Park Illvd., Jacksonville, 111 32256
hrreinallet tel'coed it, as ASSI(;NIT. tit the little of the clecull ll IlelvoC the receipt w'hcreof is hereby
acknuwlcdgvd. fill, ,,ruby gmnl. bnq:nn, nod Net islet moo file soul ASSI(iNlili its successsux slid
ncslgns: all dull vel ulin Mol Ignge "4.venng plrnusrN mimic u, the Ifolough of Carlisle , County of
f'umbcrlnnd, l'unnuonsve.dth of Prnusylvanla.
Ifcmg kimoo nx 5.11, Nnrilt Pill Streef. ('til flOv. I'm. 17111.1
limed (Irtrifler 21), 1997, and Icnnded 111 Ill" office of the Iteg,xler. Clivik or Iteclmler of Deeds tit file
t'.nu1,y of ('uml,rl Innd, ('uuuu'nweilllll of I'runs)N'mdn. It (look
nod atoll" "sensed by dowph ('. ('nnnfrill hne"""er trice red It ns Molt'[ IiACiOR,lo said Crusader , Page
IlamI, F.S, 11. of the in ilie tpnI Nom oI Silijil11.1111, I ..Iynblc wuh tole, esl on Ihr unpaid balance of the rate
of 10.7511 G. pet annum, 4.I nun11h1y n,smlinlcnts as theleiti noted.
1 n(i m i lili wl'll l the note of 4.111"1 o"lignhons, drxcuhed "'tile Murlgagc and the monies due and
grow (file thereon. With Ihr interest.
1(1 IIAVI•: AND 101101.1) the same till"' sill" assignee and l4. the successors, legal representatives and
Assigns of axslgnce lioevcl.
IN \l'fl NI SS let IIiRIf()1:, 1 he
nsxlgnm
S Intl' ben'un6. nnaxrd In he nl'lixed an Cunutum or Corporate
•
,, ks ent duly nlteSICII. 111115111 (Illy of Nuvrml,er, 1997.
to
II
.t? ? ? ? Allrsled
III
COMMONWI;Al.l II DI' 1'I(NNSS'I.VANIA
xs
PITY ,@ CI II INl Y UP I'IIILAh111.1'I IIA
On this 2511, lily if Nnvrulbrr, 1997 "cline ale n nmaly Public in and lot the Commonwealth of
"Cllovylvanul Ihr un(IclslNncd of lit, 1. p"wnnn l ly nppenl ell Joseph T. Crowley, who acknowledged
Innmcll In be do• 1't vildestl of ( l wader Iiank. F.s.11. it C..gnnut oo. and that he is such President
'Cang 111,11 .... ved to do Nu, esevulcd Ihr Im cg..mg mNlnntinn fur the purpose therein contained by signing
IIIc stone of Ihr I o.p'nmou by limp"lf ns Ih'rxlA(ml.
IN %VI I NPSS WIII'It Fill. I hove hr.como set illy hand and official seal.
Notary Public
My Commission Expires: 9G AU t
LI?Phil . PhocC 'lab
114111 Durwood Park Iluulevard Dart 2 I
i Jacksonville, Fl, 32256 '
NOTE ORIGINAL
OCTOBER 29 , 19 97 Loan No. 97-0409202
PHILADELPHIA PENNSYLVANIA
(City) (,Sore)
536 NORTH PITT STREET, CARLISLE, PENNSYLVANIA 17013
(Properly Address)
L BORROWER'S PROMISE. TO PAY
In return for o Inns 111-1 1 have received. I pr unhe to pay U.S. $65,60o.00 (this amount Is called 'pr)ncipil
plus Interest. In the order of the binder. Tim Lender Is CRUSADER BANK, P.S.B.
I understand that die Leader cony transfer this Note. The Lender or anyone who takes the Nom by transfer and who is entitled
to receive payments under thh Nom is called the 'Note Haldil
2. IN ERES'r
Interest willbe charged an unpaid principal until the fufl -annum of principal has been paid. I will pay interest as a yearly rue
of 10 . 750 %. The interest rate required by this Section 2Is the rate 1 will pry both before and after any default described in
Section 6 (B) of this Note.
3. PAYMENTS
(A) Time and Place or Payments
I will pay principal and interest by making payments every counts.
I will make my namthly payments nn the let day of each month beginning tan DECEMBER 1
1997 . I will make these Payments every month mull I have paid all of the principal slid Interest and any (filter charges
described below that I may owe under this Note. My monthly payments will be applied to Interest before principal. If, on
NOVEMBER 1 2027 .1 still owe amounts under diis Note, I will pay those amounts in full on
Had date, which is celled the "matafify dam."
I willmake my monthly payments at 1230 WALNUT STREET, PHILADELPHIA, PENNSYLVANIA,
19107
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 612. 36
or at a different place B acquired by the Note Holder,
4. BORROWER'SRIGHTTO, PREPAY
I have the right to make payments of principal at any time before they are due. A payment of principal only is known as ¦
.prepayment." When I make a prepayment. I will tell the Note Helder in writing that 1 am doing so.
1 may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder wiilme all or
my prepayment, hh reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there willbe no changes
I. the due date of In the amount of my monthly payment unless the Note Holder agrees in writing in those changes.
S. LOANCHARGES
If a law, whkhapplies to this loan and which sets maximum loan charges, is finally interpreted so that the Interest number lawn
charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced
by the amount necessary to reduce the charge to the remained limit; and (ii) any sums already collected from me which exceeded permitted
limits will be refunded to me. The Nate (folder may choose la make this refund by reducing the principal I owe under thin Nom or by
making a direct payment to me, If a refund reduces principal, the reduction will be treated as a partial prepayment.
6, BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Nate Ilolder has amt received the PoII amount of any monthly payment by the end of 15 calendar days after
the date it is due, l will pay a late charge in the Note Holder. The amount of the charge will be 5.000 % of my overdue
payment of principal and interest. 1 will pay this late charge promptly but only once on each lam payment.
(B) Default
If I do not pay the full amount of each monddy payment on the date it is due, 1 will be in default.
(C) Notice of Default
ITT.. in default, the Nate Holder may send me a written notice telling me that ifl do not paythe overdue amount bya cemin
date, the Nom Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that
1 owe on flint amount. That dam must be at least 30 Jaya ster the date on which the notice be delivered or mailed to me.
ID) No Waiver By Nate Holder '
Even if, at a time when I am in default, the Nam linlder does not require me to pay Immediately in full as described above, the
Note Holder will still have the right to do so if I am In default at a later time.
(E) Payment of Note Holder's Coed and Expenses
If the Note Holder has required me in pay immediately in full as described abnve, the Nola Molder will have the right to be paid
back by no for all of its costs and expenses In enforcing this Nate to the extent not prohibited by applicable law. There expenses Include,
for example, reasonable attorneys fees.
I7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering
it or by mailing it by first clean mail to me at the Property Address above or at a different address If I give (be Note Holder a notice of
my different address. t
Any notice flint must be given to the Note Holder under this Note will be given by mailing it by Ens class snail to the Nom Holder
at the address staled in Section 3(A) above or at a Jifferent address if I am given a notice of that different address.
MULTISTATE FIXED RATE NOTE -Singe Family - PNMA/F7W./C IINROpM dS1RVaffitr Ibtea 320D 12183
D- a Irhm,o, i.
nxsnrr h_o ORIGINAL
i
.r ?
N. 111111OA I IONS 01 PURSONS T'.R IIIISNOIF'.
,t
If -little till" one Prr,nn dpn , Milo-rat II Iw11mo a billy and pennnally ubliga. In keep all of the promises nude in this
Num. off Ping Ilse pwnum Is, pay the full A1111,0111 t,wrd Any prnnn wilt, Is a guarantor, orrery or endorser of this Note is also obligated IS
la it,, these things. Any 1,1111-0 wlni Call", sun dirv Wdlpttmm. hwluding the obligation of a guarantor, surety or endorser nr ibis Now, 1
I, too uNlpted 11, keep all of the pmml,e, nude lit this Wife the Nile holder may enforce its rights under this Nate against each
person Individually 1-r yalnn all of u• together. 1 ilia Mean, that any nose of m may be required to pay all of the amounts owed under
this Most,
9. WAIVERS
I lid Any snlwn person wlm be, ahbption, under Ihl% Now waive the rights of presentment and mice of dishonor.
'Presenmsem' mean, The dgln to, requlte the Non IInltler In demand payment of amounts due. 'Nutlet of d'uhomr' meats the right
h, requite the Nile []littler o' give Imdce to lithe, perm, [hat amounts due have not been paid.
10. UNIFIIRAI SECUREII NO IF.
[lilt None it a umihmn inannmern wnA linme't vsr/adnm hl some jurisdictions. In addition to the protections given to the Now
Holster under lilt, Nnte. A Mansalr fired of IimI it ,tiro, miry fired INe 'Serenity Imletimi, doled the same date as [his Nine,
po0ecl, the Now Ilulder hnin ptnnll le hosts, which sough[ result III if,, not keep the pmmises which I mike in this Note. That Security
Illstrulllelll deaNn, how uw1 ruler what rm ululun• I may he regntned In make Immediate payment in full of all amounts I owe under
Nis Nom. Smmu of Rune moillnnuv air disclosed a, .allows:
'[ren,fer of the Properly or a Beneficial Interest In Borrower. Bailor any pan of the Property at any
I'll rrest In If i, old a. oan,rrsM b1- It a henelkbl interest In Borrower Is sold or transferred and Borrower is Cat a
11.111181 per,md wllhuut I.endel'a Inlet written consent, I.eruler MAY. a Its option, require Immediate payment in full
or .II sun, ,ruunl by till, Sn only Instnunern. however, this ap[lon shall test be exercised by Under Ifexerelse is
pudnhlmd by retrial law a of the 'late 'or Ibi, Rec,t,ity Instrument.
11 1 ent1e1 e.en mruhi, tq•Ilen. I.eider shall give Norrower write of acceteratimn. Tin notice shall provide
a plaid uI ma lea dun [t) day, hunt the dale the notice is delivered or mailed within which Borrower must pay all
inn •'c1-red I1, Ill, Neauuy Immunwm 11 tlonnwes ('11, li pay these sum, prior to she capitalism of bla peeled.
I.erdnnuy mvokl any rlnwdle, pe...iitnd by this Security, hInstrument without Anther notice or demand on Borrower.
WIINI.NS 11111 IIANIIIN) AND .SPAI [SI OF TIM UNBGRSIONBB.
,l C'l•°
A r • ..? ISedl (SeaD
JO ,hll ('. CANMINAPI - - -Ill lower Borrower
(Sell) (Seal)
Borrower Borrower
_ _ ISmd) (Seal)
Bounwer Borrower
MIILTI9'1'ATR PIXBU RATR N(7TR -gingle Family fMNA/I91VAC UNBORN INSIWAffirp r. 32M 12183
m.wm yw.t s.
"`^"n ' a ORIGINAL
VERIFICATION
The undersigned, an officer of EquiCredit Corporation of America the instant Plaintiff,
or its servicing agent, being authorized to make this Verification on behalf of Plaintiff, hereby
verifies that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are taken
from the records maintained by persons supervised by the undersigned who maintain the business
records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts
are true and correct to the best of the knowledge, information and belief of the undersigned.
I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO
THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN
FALSIFICATION TO AUTHORITIES.
Dated: Rlin jqq
Name Valerie Lawson
Title Assistant Secretary
Company: EquiCredit Corporation of America
Gj
c.: U
1
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-05454 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
EQUICREDIT CORP OF PA
VS.
CARMINATI JOSEPH C
CHRISTOPHER EVANS _ Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - MORT FORE was served
upon CARMINATI JOSEPH C the
defendant, at 13:53 HOURS, on the 9th day of September
1999 at K STREET PIZZA 1548 SPRING ROAD
CARLISLE, PA 17013 CUMBERLAND
County, Pennsylvania, by handing to JOE CARMINATI
a true and attested copy of the COMPLAINT - MORT FORE
together with NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 18.00
Service 3.10
Affidavit .00
Surcharge 8.00 M. 11 mas xn , 5 erhitr
Z9.lu-B9RBAR.A FEIN
09/10/1999
by
pu y x
Sworn and subscribed to before me
this /b tr, day of
19 49 A. Din.
Qu PrTtTio axe
THE LAW OFFICES OF' BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. Di Paolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
EQUICREDIT CORPORATION PA,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v.
JOSEPH C. CARMINATI,
Defendant.
NO. 99-5454
PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER
AND FOR ASSESSMENT OF DAMAGES
Kindly enter judgment for $75,196.71 in favor of Plaintiff,
EquiCredit Corporation of PA, and against the Defendant, Joseph C.
Carminati, for failure to file an Answer to Plaintiff's Complaint
in Mortgage Foreclosure within twenty (20) days from service
thereof and assess Plaintiff's damages as follows and calculated
from those set forth in the Complaint.
Principal balance of mortgage
Interest due and owing at the rate of
10.750% calculated from the default
date above stated through October 21, 1999
Late Charges due and owing under Paragraph
6 (A) of the Note in accordance with
the Mortgage Instrument
Escrow Advances made by Plaintiff
Mortgagee on behalf of Defendant
mortgage account
Court Costs and fees
Attorneys' fees
$65,196.88
5,684.94
153.05
652.00
250.00
3,259.84
TOTAL IN REM JUDGMENT TO BE ENTERED $75,196.71
TOTAL IN REM JUDGMENT TO BE ENTERED $75,196.71
THE LAW OFFICES OF BAR ' RA A. FEIN, P.C
BY:
Barbara A. Fein, Esquire
AND NOW, judgment is entered in favor of the Plaintiff,
EauiCredit Corporation of PA, and against the Defendant, Joseph C.
Carminati, and damages are assessed as above in the sum of
$75,196.71.
Pro. Prothonotary
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
EQUICREDIT CORPORATION OF PA,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
V.
JOSEPH C. CARMINATI,
Defendant.
NO. 99-5454
CERTIFICATION OF MAILING OF NOTICE UNDER PA. RCP RULE 237.1
The undersigned hereby certifies that a written Notice of
Intention to File a Praecipe for the Entry of Default Judgment was
mailed to the Defendant(s) and/or to their legal counsel of record,
if any, after the default occurred and at least ten (10) days prior
to the date of the filing of the Praecipe. Said Notice was sent on
the date set forth in the appended copy of the Notice, sent as
stated.
Dated: October 4, 1999
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY:
&AgA4in,l Esquire
Attorney for Plaintiff
Attorney I.D. No. 53002
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / Z.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
EQUICREDIT CORPORATION OF PA,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
V.
JOSEPH C. CARMINANTI,
Defendant.
NO. 99-5454
NOTICE OF INTENTION TO TAKE DEFAULT UNDER PA. RCP RULE 237.1
IMPORTANT NOTICE
You are in default because you have failed to take action
required of you in this case. Unless you act within ten (10) days
from the date of this notice as set forth below, 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 fallowing office to find out where you
can get legal help:
Cumberland County Court Administrator
4th Floor
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6200
NOTIFICACION IMPORTANTE
Usted se encuentra en estado de rebeldia por no haber tomado la
accion requirida de su parte en este case. Al no tomar la accion
debida dentro de un termino de diez (10) dial de la fecha de esta
notification, el tribuna podra, sin necesidad de compararecer usted
in Corte o escuchar preuba alguna, dictar sentencia en su contra.
Usted puede perder bienes y otros derechos importantes. Debe
llevar esta notificac.ion a un abogado immediatamente. Si usted no
tiene abogado o si no tiene dinero suficiente Para tal servicio,
vaya en persona o llame portelefono a la oficina cuya direction se
encuentra escrita abajo para averiguar donde se puede conseguir
assitencia legal:
Cumberland County Court Administrator
4th Floor
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6200
Date of Notice: October 4, 1999
PERSONS SERVED:
Joseph C. Carminati
1548 Spring Road
Carlisle, PA 17013
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY: +p
Ba4bara A. Fein, Es uire
Attorney for Plaintiff
Attorney I.D. No. 53002
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
EQUICREDIT CORPORATION PA,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
V.
JOSEPH C. CARMINATI,
Defendant.
NO. 99-5454
CERTIFICATION OF ADDRESS
I, Barbara A. Fein, Esquire, Attorney for Plaintiff,
EquiCredit Corporation of PA, hereby certify that the Plaintiff's
correct address is 10401 Deerwood Park Blvd., Jacksonville, Florida
32256, and the last known address of each Defendant is as below.
Joseph C. Carminati
1548 Spring Road
Carlisle, PA 17013
THE LAW OFFICES OF BARB A. FEIN, P.C.
BY: *d ?,k
Barbara A. Fein, squire
Attorney for Plaintiff
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
EQUICREDIT CORPORATION PA,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
V.
JOSEPH C. CARMINATI,
Defendant.
NO. 99-5454
CERTIFICATE OF SERVICE
I, Barbara A. Fein, Esquire, Attorney for Plaintiff,
EquiCredit Corporation of PA, hereby certify that I have served a
true and correct copy of the appended mortgage foreclosure
pleadings /papers upon the following parties at the last known
address and/or upon an attorney of record, as noted:
Joseph C. Carminati
1548 Spring Road'
Carlisle, PA 17013
THE LAW OFFICES OF BARB 7-
arbara A. FEIN, P.C.
BY:
A. Fein, quire
Attorney for Plaintiff
U•. C7-;
cl,
C\j
O ..
U rn j
v?
V
`rl
1 '1'-1
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
Suite 100, 425 Commerce Drive
Fort Washington, PA 19034
(215) 653-7450
Attorney for Plaintiff
EQUICREDIT CORPORATION OF PA,
Plaintiff,
v.
JOSEPH C. CARMINATI,
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 99-5454
CERTIFICATION OF NOTICES OF SALE TO LIENHOLDERS
I, Nicole M. Johnson, Paralegal to Barbara A. Fein, Esquire,
attorney for Plaintiff, hereby certify that upon information and
belief, diligent efforts have been made to identify all
persons/entities having mortgages, judgments, liens, or other
interest in the subject premises of the foreclosure proceeding, and
that such persons/entities have been sent Notices of Sheriff's Sale
(attached hereto as Exhibit "A") and that said Notices were duly
served upon them in accordance with Pennsylvania Rule of Civil
Procedure Rule 3129. (Proof of mailing with a postmark date of
January 28, 2000 is appended hereto and incorporated herein by
reference as Exhibit "B").
I declare under penalty of perjury that the foregoing is true
and correct.
February 24, 2000
THE LAW OFFICES OF BARBARA A. FEIN, P.C
BY: Nicole M/ Johnson, Paralegal
to Barb r A. Fein, Esquire
Attorney for Plaintiff
%s
BARBARA A. FEIN
ATTORNEY-AT-LAW
SUITE 100, 425 COMMERCE DRIVE
FORT WASHINGTON, PA 19034
(215) 653-7450
FM (215) 653.7454
NOTICE OF CUMBERLAND COUNTY SHERIFF'S SALE
TO: All Parties in Interest and
Claimants
OWNER(S): JOSEPH C. CARMINATI
PROPERTY! 536 North Pitt Street
Carlisle
County of Cumberland, PA
Improvements:
Residential Dwelling
Cumberland County
CCP No. 99-5454
Please be advised that the above captioned property (and any
improvements thereon) is scheduled to be sold by the Cumberland
County Sheriff's Department on Wednesday, March 1, 2000 at 10 A.M.,
at the Cumberland County Court House, 1 Courthouse Square,
Carlisle, Pennsylvania 17013. This sale is scheduled pursuant to
a judgment entered in the amount of $75,196.71 in the Court of
Common Pleas for Cumberland County.
Our records indicate that you may hold a mortgage or judgment on
the property which may be extinguished (removed) 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 than thirty (30) days after the
sale. Distribution will be made in accordance with the schedule
unless exceptions are filed thereto within ten (10) days after the
filing of the schedule. You may call the Cumberland County
Sheriff's Department at (717) 240-6100 for the date on which the
distribution schedule will be posted.
Sincerely,
THE L CES OF
-9 -k z
BARBARA A. FEIN, P.C.
Kri n J. DiPaolo, Esquire
Attorney for Plaintiff
EXHIBIT
i
Dated: December 9, 1999
ALLTHAT CERTAIN tract of land with the improvements thereon erected, Situate in the Fifth
Ward of the Borough of Carlisle, Cumberland County, Pennsyhronls.,bounded and described as
follower
ON THE EAST by North Pitt Street; on the south by lend now or formerly of George F.
Lehman; on the West by an alley; and on the North by land now or formerly of John F. Myers;
having a frontage of 22.6 feet on North Pitt Street and extending 1101fest In depth to the allay In
the rear.
BEING Improved with a dwelling house known as No. 636 North Pitt Street.
BEINO THE SAME PREMISES, which Denlel W. Wormer and Me a A. Wwmer,,husbandand
wife by Dead dated August 28,19$8 end recorded In Cumberland Cou, in Dead Book D 32 page
328 conveyed unto Lea M. Deihl and Lllybelte R. Delhi, husband and Ifs.
BEING THE SAME PREMISES, which Lee M. Deihl and Ulybelle R. Delhi by dead dated
and recorded In Cumberland County, In Dead Book I page
conveyed unto Gary S. Davis, In fee.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
EQUICREDIT CORPORATION
OF PA,
Plaintiff,
V.
JOSEPH C. CARMINATI,
Defendant(s).
COURT OF COMMON PLEAS
NO. 99-5454
PRAECIPE TO ISSUE WRIT OF EXECUTION
(MORTGAGE FORECLOSURE)
TO THE PROTHONOTARY:
Kindly issue a Writ of Execution in the above matter, directed
to the Sheriff of Cumberland County, against JOSEPH C. CARMINATI,
Defendant, and real property situated at 536 North Pitt Street,
Carlisle, Cumberland County, Pennsylvania.
AMOUNT DUE
INTEREST FROM
October 22, 1999
COSTS TO BE ADDED
$75,196.71 ?
$ 1,631.52
December 9, 1999
THE LAW--0Fr1<ES OF BARBARA A. FEIN, P.C.
Kri'see J. DiPaolo, Esquire
Attor ey I.D. No. 79992
Suite 100, 425 Commerce Drive
Fort Washington, PA 19034
(215) 653-7450
a
ALL THAT CERTAIN treat of land with the improvements thsrvcr erected; 6ltuate to the Fifth
Ward of the Borough of Carlisle, Cumberland County, Pennsylvania., bounded and described as
follower
ON THE EAST by North Pitt Street; on the South by land now or formerly of George F.
Lehman; on the West by an alley; and on the North by land now or formerly of John F. Myers;
having a frontage of 22.6 feat on North Pitt Street and extending 110lfut In depth to the allay In
the rear.
BEING Improved with a dwelling house known as No. 536 North Pitt Street,
BEINOTHESAME PROMISES, which Daniel W.WormerandMe a A. Wormer,,huebandand
wife by Deed dated August 28, 1888 and recorded in Cumberland I U , In Dead Book O 32 page
328 conveyed unto Lee M. Deihl and Lllybelle R. DeIN, husband and Ile,
BEING THE SAME PREMISES, which Lee M. Deihl and Ulybaikr R. DAN by dead dated
and. recorded In Cumberland County, in Dead Back I papa
conveyed unto Gary S. Davis, in tee.
ou.,
m ? Q
-- - I I
L? ? `JJ
e
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
Suite 100, 425 Commerce Drive
Fort Washington, PA 19034
(215) 653-7450
Attorney for Plaintiff
EQUICREDIT CORPORATION
OF PA,
Plaintiff,
V.
JOSEPH C. CARMINATI,
Defendant (s)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 99-5454
AFFIDAVIT UNDER PA. RCP RULE 3129
EquiCredit Corporation of PA, Plaintiff in the above captioned
mortgage foreclosure action, sets forth as of the date the praecipe
for the Writ of Execution was filed, the following information
concerning the real property located at 536 North Pitt Street,
Carlisle, Cumberland County, Pennsylvania, was true and correct to
the best of its knowledge, information and belief.
1
2
3
Name and address of each owner and/or Reputed Owner:
Joseph C. Carminati
1548 Spring Road
Carlisle, PA 17013
Name and address of each Defendant named in the judgment:
Joseph C. Carminati
1548 Spring Road
Carlisle, PA 17013
Name and last known address of every judgment creditor whose
judgment is a record lien on the real property to be sold:
Borough of Carlisle
Water & Sewer Dept.
53 W. South Street
Carlisle, PA 17013
Darlene Moyer, Tax Collector
Capital Tax Collection Bureau
19 S. Hanover St.
Carlisle, PA 17013
Cumberland County Tax Claim Bureau
1 Courthouse Sq.
Carlisle, PA 17013
Homeside Lending Inc.
7022 A.C. Skinner Parkway
Jacksonville, FL 32256
Chase Bank of Texas
P. 0. Box 12549
Fort Worth, TX 76121-1549
4. Name and address of the last recorded holder of every mortgage
of record:
EquiCredit Corporation of PA, Plaintiff
10401 Deerwood Park Blvd.
Jacksonville, FL 32256
5. Name and address of every other person or entity which has any
record lien on the property:
None
6. Name and address of every other person or entity which has any
record interest in the property and whose interest may be
affected by the sale:
None
7. Name and address of every other person of whom the Plaintiff
has knowledge who may have an interest in the property which
may be affected by the sale:
Tenant/Occupant
536 North Pitt Street
Carlisle, PA 17013
Cumberland County Domestic Relations
13 N. Hanover Street
Carlisle, PA 17013
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge, information and
belief. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
Date: December 9, 1999
THE LAW QEF.JCES,--9? BARBARA A. FEIN, P.C.
BY:
Kri e J. DiPaolo, E
At rney I.D. No. 799
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
Suite 100, 425 Commerce Drive
Fort Washington, PA 19034
(215) 653-7450
Attorney for Plaintiff
EQUICREDIT CORPORATION
OF PA,
Plaintiff,
V.
JOSEPH C. CARMINATI,
Defendant(s).
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 99-5454
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Joseph C. Carminati
1548 Spring Road
Carlisle, PA 17013
Your house at 536 North Pitt Street, Carlisle, Cumberland
County, is scheduled to be sold by the Cumberland County Sheriff's
Department on Wednesday, March 1, 2000, at 10:00 A.M., at the
Cumberland County Court House, 1 Courthouse Square, Carlisle,
Pennsylvania, to enforce the Court judgment of $75,196.71 obtained
by Plaintiff EquiCredit Corporation of PA against you.
NOTICE OF OWNERS' RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate
action:
1. This sale will be canceled if you pay to Plaintiff
Mortgagee the back payments, late charges, costs and
reasonable attorneys' fees due. To find out how much you
must pay, you may call Kristen J. DiPaolo, Esquire at
(215) 653-7450.
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 below 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 Sheriff's Sale is not stopped, your property will
be sold to the highest bidder. You may find out the
price bid by calling Kristen J. DiPaolo, Esquire at (215)
653-7450, or by calling the Cumberland County Sheriff's
Department at (717) 240-6390.
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 bid in the sale. To find out if
this has happened, you may call Kristen J. DiPaolo,
Esquire at (215) 653-7450, or by calling the Cumberland
County Sheriff's Department at (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 had 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
Philadelphia County Sheriff on or about thirty (30) days
from the date of Sheriff's 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 sheet is posted.
7. You may also have other rights and defenses, or ways of
getting your house 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
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
•S
a
Ward of th THAT Bor ugh7of Carlin eof land
, Cumber land Cot my ePerunyNanls., bounded?i dadescribed Fif iii
followas
ON THE EAST by North Pitt Street; on the South by land now or formerly of George F.
Lehman; on the West by an alley; and on the North by land now or tomwrly of John F. Myers;
having a frontaga of 22.6 feet on North Pitt Street and extending 1 IOlfewt In depth to the alley in
the reor.
BEING Improved with a dwelling haute known an No. Ban North Pltt Strset.
SEINOTHESAMEPREM)SES,Which DanlelW.WormerandMa a A. Wormar,husbandand
Wife by Dead dated August 28, 1986 and recorded In Cumberland Cou , In Dead Book D 32 page
329 conveyed unto Lee M. Deihl and Lllybelle R. DeIN, husband and Ife.
BEING THE SAME PREMISES, which Lee M. Delhi and Utybelle R. Delhi by deed dated
and. recorded In Cumberland County, In Deed Book I page
conveyed unto Gary 8 Davis, in few.
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
Suite 100, 425 Commerce Drive
Fort Washington, PA 19034
(215) 653-7450
Attorney for Plaintiff
EQUICREDIT CORPORATION
OF PA,
Plaintiff,
v.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 99-5454
JOSEPH C. CARMINATI,
Defendant(s).
AMENDED AFFIDAVIT UNDER PA. RCP RULE 3129
EquiCredit Corporation of PA, Plaintiff in the above captioned
mortgage foreclosure A=t-ion, sets forth as of the date the praecipe
for the Writ of Execution was filed, the following information
concerning the real property located at 536 North Pitt Street,
Carlisle, Cumberland County, Pennsylvania, was true and correct to
the best of its knowledge, information and belief.
1. Name and address of each Owner and/or Reputed Owner:
Joseph C. Carminati
1548 Spring Road
Carlisle, PA 17013
2. Name and address of each Defendant named in the judgment:
Joseph C. Carminati
1548 Spring Road
Carlisle, PA 17013
3. Name and last known address
judgment is a record lien on
Borough of Carlisle
Water & Sewer Dept.
53 W. South Street
Carlisle, PA 17013
of every judgment creditor whose
the real property to be sold:
Darlene Moyer, Tax Collector
Capital Tax Collection Bureau
P.O. Box 128
Carlisle, PA 17013
Cumberland County Tax Claim Bureau
1 Courthouse Sq.
Carlisle, PA 17013
Homeside Lending Inc.
7022 A.C. Skinner Parkway
Jacksonville, FL 32256
Chase Bank of Texas
P. 0. Box 12549
Fort Worth, TX 76121-1549
4
Name and address of the last recorded holder of every mortgage
of record:
EquiCredit Corporation of PA, Plaintiff
10401 Deerwood Park Blvd.
Jacksonville, FL 32256
5
Name and address of every other person or entity which has any
record lien on the property:
None
6
Name and address of every other person or entity which has any
record interest in the property and whose interest may be
affected by the sale:
None
7. Name and address of every other person of whom the Plaintiff
has knowledge who may have an interest in the property which
may be affected by the sale:
Tenant/Occupant
536 North Pitt Street
Carlisle, PA 17013
Tenant/Occupant
536 North Pitt Street Apt. #1
Carlisle, PA 17013
Tenant/Occupant
536 North Pitt Street Apt. #2
Carlisle, PA 17013
Tenant/Occupant
536 North Pitt Street Apt. #3
Carlisle, PA 17013
Tenant/Occupant
536 North Pitt Street Apt. #4
Carlisle, PA 17013
Cumberland County Domestic Relations
13 N. Hanover Street
Carlisle, PA 17013
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge, information and
belief. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. Section 4 904 relating to unsworn
falsification to authorities.
Date: January 28, 2000
THE LAW OFFICES -QF BARBARA A. FEIN, P.C.
BY:
KristeniJ. D1 aolo, Esquire
Attorngy I.D. No. 79992
-,
_,
STATE OF PENNSYLVANIA, 1
COUNTY OF CUMBERLAND
I Robert_P ----------------------------------------------- Recorder of
Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ________________
__ Ocwen Federal Bank FSB
---------------•-------------------------------------------------------- is the grantee
the same having been sold to said grantee on the ------- !§L ------------------------------------ day of
--- Maech ------------------------------ A. D. '2000 _+ under and by virtue of a writ______________
Execution issued on the ----------- 10th
----------------------------------------- - - -
day of -------------------------- DecemberA D., 19____ 99 out of the Court of Comman Pleas of said County as of
99
-------Civil-------------------------------------------------------------------- Term, I9-------
Number 5454 at thesuit of -------- Equicredit- Corp-of-Pa_________________________
---- ----------,------------_---- ----
-°-- - -- --- - - -- against Joseph C Carminati
--------------------------------------------------- is
duty recorded in Sheriff's Deed Boob No-------------- 17 Page _ 1033----
IN TESTIMONY WHEREOF, I have hereunto
set my hand and seal of said office this day
of -------- Z -`- ------------ A. D., i?r?L o v
?jC er of Deals
Reorder Y inhgnti DO M ft Wmiled first ftnderfOl 22002
Equicredit Corporation of PA In the Court of Common Pleas of
-vs- Cumberland County, Pennsylvania
Joseph C.Carminati No. 99-5454 Civil
David McKinney, Deputy Sheriff, who being duly sworn according to law, says on
January 7,2000 at 9:12 o'clock A.M. EDST, he posted a copy of Real Estate Writ Notice
Poster and Description on the property of Joseph Carminiati located at 536 North Pitt
Street, Carlisle, Cumberland County, Pennsylvania according to law.
Michael E. Barrick, Deputy Sheriff, who being duly sworn according to law, says on
January 7, 2000 at 2:15 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 C. 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, Sheriff, 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 copy of the pendency of the action to the defendant Joseph Carminati by
regular mail to his last known address 1548 Spring Road, Carlisle, Pennsylvania. This
letter was mailed under the date of January 8, 2000 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 property
at public venue or outcry at Courthouse, Carlisle, Cumberland County, Pennsylvania on
March 1, 2000 at 10:00 o'clock A.M. EDST and sold the same to Attorney Dale Shughart
for Ocwen Federal Bank, FSB for the sum of $ 1.00. It being the highest bid and best
price quoted for the same Ocwen Federal Bank FSB being the buyer in this execution
paid to Sheriff R. Thomas Kline the sum of $ 647.09 it being costs.
Sheriffs Costs:
Docketing 30.00
Poundage 12.57
Posting Bills 15.00
Advertising 15.00
Acknowledging deed 30.00
Auctioneer 10.00
Law Library .50
County 1.00
Certified Mail .99
Mileage 6.20
Levy 15.00
Surcharge 16.00
Share of Bills 25.08
Law Journal 237.50
Patriot News 180.75
Distribution of Proceeds 25.00
Sheriffs Deed 26.50
$ 647.09 Pd By Atty
Sworn and Subscribed To Before Me
This 3.ut Day of4,-,-
2000, A.D.
Prothonotary
R. Thomas Kline, Sheriff
By A ? tLS?
Real Estate Deputy
j,,,
Rli.. 93??y
I .-
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
ander8ct ILR eeamu d MUI 1929
Commonwealth of Pennsylvania, County of Dauphin) as
FronkJ.Epter being duly sworn according to low, 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 dally and/or Sunday and Metro editions/issues which appeared on the 25th day of January and the tat
and 8th day(s) of February 2000. 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. 1, 1
PUBLICATION
COPY
S A L E 027
?Swom to and subsetibed before me this 25tthtj bru
Notedel Seel
Tony L. Russell, Nptery PUWk NOTA PUBLIC
HeMSOUrg, aeuphln County
My Comroisslon Expires June 6.2002
Member, Pennsylvania ASSOdalbno NonOes lesion expires June 6, 2002
CUMBERLAND COUNTY SHERIFFS OFFICE
COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costa
To THE PATRIOT-NEWS CO., Or.
For publishing the notice or publication attached
hereto on the above stated dates $ 179.25
Probating same Notary Fee(s) $ 1.50
Total $ 180.75
sher'o Receipt for Advertising cost
ier of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general
ecelpt of the aforesaid notice and publication costs and certifies that the same have
THE PATRIOT-NEWS CO.
By ....................................................................
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL.
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
ss.
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Joumal on the following dates,
viz:
JANUARY 21, 28, FEBRUARY 4, 2000
Afffant 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 BALE NO. 77
Writ No. 99-5454 Civil
Equicredll Corporation of PA
VS.
Joseph C. Carminatt
Atty.: Kristen DlPaolo
ALL THAT CERTAIN tract of land
with the Improvements thereon
erected. Situate In the Fifth Ward of
the Borough of Carlisle. Cumberland
County. Pennsylvania. bounded and
described as follows:
ON THE EAST by North Pitt Street
on the South by land now or formerly
of George F. Lehman; on the West by
an alley: and on the North by land
now or formerly of John F. Myers;
having a frontage of 22.5 feel on
North Pitt Street and extending 110
feet in depth to the alley in the rear.
BEING Improved with a dwelling
house known as No. 536 North Pitt
Street.
BEING THE SAME PREMISES,
f which Daniel W. Wormer and Martha
A. Wormer, husband and wife by
j Deed dated August 28. 1986 and
recorded In Cumberland County. In
Deed Book D 32 page 329 conveyed
unto Lee M. Delhi and Lilybelle R.
Deihl, husband and wife.
BEING THE SAME PREMISES.
which Lee M. Delhi and Lllybelle R.
Deihl by deed dated and recorded
In Cumberland County, In Deed
Book page conveyed unto
Gary S. Davis, In fee.
Roger M. Morgenthal, Editor
SWORN TO AND SUBSCRIBED before me this
-A---day of FEBRUARY. 2000
NOTAPIPt SEAC
LOIS E. SNYD" Notory Pubic
Cadute 6o,o, Cumbndurd Cuunty, PA
My Commiruon Eipae, Nvurh S, 2001 17
P.E?i ES A 1. SAL c NO 27
51,000.00Ad-:anceCosts Paid 12/16/99 A[r:•Kristen DiPaolo
Assessed 'valuation S 3030.00
WRi1 \,;O. 99-5454 Civil
Equicredit Corporation of PA
VS
Joseph C. Carminati
536 North Pitt Street
Carlisle, PA
REAL. DEBT
T.\ IEREST fr 10/22/99
ATT'S FEES
`?71T COSTSATT'i
ESCROW
LATE CHARGE _
SHIPIFF'S COSTS
Dock-:ino
Poundage
Posing Bills
Adeenising
Acknowledeino Dee;
Aucdone-:
La«• Library
C o unr.
Milea_-
Cen Mil
Le?•:
Posigone Sale
Surcharge
$ 75,196.71
1,631.52
101.10
30.00
12.57
15.00
15.00
30.00
10.00
.50
1.00
6.20
.99
15.00
16.00
i e_al Saarch
.D?'ERTiS%:G:
Lam. Jou- ;al
Pagrior
Snare of Bills
Distribudon of Proc--ds
She fs s De-ds
ST 1?IPS
Pa T:ans,e: Tas
T,.?-D or 8oro Trans,'-- To>:
TA?'ES
1999-2000 School Taxes
2000 County Library & Boro Taxes
Tax Claim Bureau
237.50
189.75
25.08
25.00
26.50
595.62
200.44
787.40
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
Suite 100, 425 Commerce Drive
Fort Washington, PA 19034
(215) 653-7450
Attorney for Plaintiff
EQUICREDIT CORPORATION
OF PA,
Plaintiff,
V.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 99-5454
JOSEPH C. CARMINATI,
Defendant(s)
AFFIDAVIT UNDER PA. RCP RULE 3129
EquiCredit Corporation of PA, Plaintiff in the above captioned
mortgage foreclosure action, sets forth as of the date the praecipe
for the Writ of Execution was filed, the following information
concerning the real property located at 536 North Pitt Street,
Carlisle, Cumberland County, Pennsylvania, was true and correct to
the best of its knowledge, information and belief.
1. Name and address of each Owner and/or Reputed Owner:
Joseph C. Carminati
1548 Spring Road
Carlisle, PA 17013
2. Name and address of each Defendant named in the judgment:
Joseph C. Carminati
1548 Spring Road
Carlisle, PA 17013
3. Name and last known address of every judgment creditor whose
judgment is a record lien on the real property to be sold:
Borough of Carlisle
Water & Sewer Dept.
53 W. South Street
Carlisle, PA 17013
Darlene Moyer, Tax Collector
Capital Tax Collection Bureau
19 S. Hanover St.
Carlisle, PA 17013
Cumberland County Tax Claim Bureau
1 Courthouse Sq.
Carlisle, PA 17013
Homeside Lending Inc.
7022 A.C. Skinner Parkway
Jacksonville, FL 32256
Chase Bank of Texas
P. O. Box 12549
Fort Worth, TX 76121-1549
4. Name and address of the last recorded holder of every mortgage
of record:
EquiCredit Corporation of PA, Plaintiff
10401 Deerwood Park Blvd.
Jacksonville, FL 32256
5. Name and address of every other person or entity which has any
record lien on the property:
None
6. Name and address of every other person or entity which has any
record interest in the property and whose interest may be
affected by the sale:
None
7. Name and address of every other person of whom the Plaintiff
has knowledge who may have an interest in the property which
may be affected by the sale:
Tenant/Occupant
536 North Pitt Street
Carlisle, PA 17013
Cumberland County Domestic Relations
13 N. Hanover Street
Carlisle, PA 17013
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge, information and
belief. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
Date: December 9, 1999
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY: '? -? ?-i
Krist . DiPaolo, Esquire
Attor& I.D. No. 79992
1
I
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen J. DiPaolo, Esquire / I.D. No. 79992
Suite 100, 425 Commerce Drive
Fort Washington, PA 19034
(215) 653-7450
Attorney for Plaintiff
EQUICREDIT CORPORATION
OF PA,
Plaintiff,
V.
JOSEPH C. CARMINATI,
Defendant(s).
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 99-5454
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Joseph C. Carminati
1548 Spring Road
Carlisle, PA 17013
Your house at 536 North Pitt Street, Carlisle, Cumberland
County, is scheduled to be sold by the Cumberland County Sheriff's
Department on Wednesday, March 1, 2000, at 10:00 A.M., at the
Cumberland County Court House, 1 Courthouse Square, Carlisle,
Pennsylvania, to enforce the Court judgment of $75,196.71 obtained
by Plaintiff EquiCredit Corporation of PA against you.
NOTICE OF OWNERS' RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate
action:
1. This sale will be canceled if you pay to Plaintiff
mortgagee the back payments, late charges, costs and
reasonable attorneys' fees due. To find out how much you
must pay, you may call Kristen J. DiPaolo, Esquire at
(215) 653-7450.
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 below 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 Sheriff's Sale is not stopped, your property will
be sold to the highest bidder. You may find out the
price bid by calling Kristen J. DiPaolo, Esquire at (215)
653-7450, or by calling the Cumberland County Sheriff's
Department at (717) 240-6390.
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 bid in the sale. To find out if
this has happened, you may call Kristen J. DiPaolo,
Esquire at (215) 653-7450, or by calling the Cumberland
County Sheriff's Department at (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 had 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
Philadelphia County Sheriff on or about thirty (30) days
from the date of Sheriff's 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 sheet is posted.
7. You may also have other rights and defenses, or ways of
getting your house 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
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
.t
T
ALL THAT CERTAIN tract of land with the Improvameny thereon oneted, 9cuap in the Fifth
Ward of the Borough of Carlisle. Cumberland County,
follower Parutaylvanla,;bounded and deaodbed at
ON THE EAST by North Fitt Street; on the South by land now or formerly of George F.
Lehman; on the Waft by an alley; and on the North by land now or forme
having a frontage of 22.8 feet on North Pitt Street and witendlnB t 1011set In de t John F. Myer;
the rear. pth to the alley In
BEING improved with a dwelling house known w No. 636 North Pitt corset,
BEING THE SAME PROMISES, which DaNelW.WormsrandMusa a A. Womrer,.husbandand
wife by Deed' dated August 28, 1008 and recorded in Cumberland Cou , in Deed Book D 32 papa
328 conveyed unto Lee M, Delhi and Lllybage R. DaIN, husband and ifs,
BEING THE SAME PREMISE& which Lee M, Degd and Ulybodo R. Dow by dead dated
. and.raoorded In Cumberland County, in Dead Book i pain
conveyed unto Gay B. Davls, In fee.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO9 9- 5 4 5 4
COUNTY OF CUMBERLAND) - CIVIL 19 _
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Equicredit Corporation of PA
from Joseph C. Carminati PLAINTIFF(S)
154& Spring Road, Carlisle PA 17013.
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell Rf? a i "State I
ated
at 536 N Pitt St Carlisle PA 17013 (See attached 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/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 the delendant(s) not levieduponan subject to attachment isfound inthe possession of anyoneother
than a named gamishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due $75,196.71
Interest from 10/22/99 $1,631.52
Afty's Comm off,
Afty Paid $101.10
Plaintiff Paid
Date: December 10, 1999
REQUESTING PARTY:
Name Kristen J. DiPdol-o, Esq.
Address: Ste. 100, 425 Commerce Dr.
Fort Washington PA 19034
Attorney for: Plaintiff
Telephone:_ (215) 653-7450
L.L.
Due Prothy_
Other Costs
CURTIS R. LONG
Protl' no ry, Civil Division
by.
Deputy
•' U
$.50
$1.0
Supreme Court ID No. 79992
Jn ,(Q /L, /19 1
tide sii?? iii ;r:wv; ci upcn the v;;1';,,,t; :.. % interest in the real property si(ur:.cd in '.R4" B,n_d?
C1umber/lJand County, Pa., iulir:n I r,uri;;sred as:S5G a 4AM
`nu mar; `c l: 3iCr! F1Li on [};iN ft "A" tl z,d
this turit and by tirs r Terence incorporaiOd heroin.
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66, liv n 01 91 318
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