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HomeMy WebLinkAbout03-6099FEDERMAN AND PHELAN, LLP ,By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WM SPECIALTY MORTGAGE, LLC 505 SOUTH MAIN STREET ORANGE, CA 92868 Plaintiff DEBRA A. MONISMITH 157 OAK HILL ROAD CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 entefing 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 fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File#: 83158 1F THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORECE A LIEN ON REAL ESTATE. File#: 83158 .1. Plaintiff is WM SPECIALTY MORTGAGE, LLC 505 SOUTH MAIN STREET ORANGE, CA 92868 The name(s) and last known address(es) of the Defendant(s) are: DEBRA A. MONISMITH 157 OAK HILL ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the properly hereinafter described. On 03/23/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERIQUEST MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1683, Page 264. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2002 and each month thereafter am due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File#: 83158 The following amounts are due on the mortgage: Principal Balance Interest 10/01/2002 through 11/19/2003 (Per Diem $23.57) Attorney's Fees Cumulative Late Charges 03/23/2001 to 11/19/2003 Cost of Suit and Tire Search Subtotal $66,875.12 9,781.55 1,250.00 391.22 $ 550.00 $ 78,847.89 Escrow Credit 0.00 Deficit 3,836.92 Subtotal _$ 3,836.92 TOTAL $ 82,684.81 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowners Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 82,684.81, together with interest from 11/19/2003 at the rate of $23.57 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: .4~/s/Francis S. Halli~fi FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Fi/e#: 83158 ALL TI-IAT CER'I'AIN lot of land situate in Lower Fmn~ord Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a concrete monument on the dedicated right~of-way line of Township Road No. T-~56 on the line of land now or formerly of Mervin S. Spidle; thence along the latter, South 8! degrees 31 minutes 53 seconds West, a distance of 174.33 feet to a point; thence along ~he same North 04 degrees £.5 minutes 07 seconds East, a distance of 75.00 feet to a point on the line of other land of Francis X. Bender, Jr., et ux; thence along t.he latter, South 85 degrees 54 minutes 53 seconds East, a distance of 176. I8 feet to a point on the line of Lot No_ 7 on the hereinafter mentioned Plan of Lot,; thertce along the latter, South 04 degrees 05 minutes 07 seconds West, a distance of 180.46 feet to a point on the line of Lot No. 8 on the said Plan: thence along the latter, North 85 degrees 54 minutes 53 seconds West, a distance of 350.00 feet to a point on the dedicated right-of-way of the said Township Road No. T-456; thence along the latter, North 04 degrees 05 minute~. 07 seconds Fast. a distance of 118.79 feet to a concrete monument, the Place of BF-131NNINGi~ROPERTY ADDRESS: 157 OAK HILL ROAD CONTAINING approximately 1.177 acres and being described according to a Subdivision Plan for Francis X. Bender, Jr., by Gerrk J. Berz, R. S., dated February 1, 1977. and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania. in Plan Book 30, page 87 and being designat2d as Lot No. 9, Section A thereon. VEKll~ICATION JOCELYN TOLENTINO hereby states that she is FORECLOSURE SPECIALIST of AMERIQUEST MORTGAGE COMPANY mortgage servicing agem for Plaintiffin this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is n~ade subject to the penalties of 18 Pa. C.S. Sec. 4904 rehting to ~m~swom falsification to authorities. DATE: SHERIFF'S RETURN CASE NO: 2003-06099 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WM SPECIALTY MORTGAGE LLC VS MONISMITH DEBRA A - REGULAR CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, MONISMITH DEBRA A DEFENDANT , at 1906:00 HOURS, at 157 OAK HILL ROAD CARLISLE, PA 17013 DEBRA MONISMITH a true and attested copy of COMPLAINT - the within COMPLAINT - MORT FORE was served upon the on the 21st day of November , 2003 by handing to MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.14 Affidavit .00 Surcharge 10.00 .00 32.14 Sworn and Subscribed to before me this ./~ ~ day of ~j~ ~0D3 A.D. gtProthonotary , So Answers: R. Thomas Kline 11/24/2003 FEDERMAN & PHELAN Deputy Sheriff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215} 563-7000 WM SPECIALTY MORTGAGE, LLC 505 SOUTH MAIN STREET ORANGE, CA 92868 Plaintiff, DEBRA A. MONISMITH Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6099 C.T. PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against DEBRA A. MONISMITH and, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 11/20/03-12/29/03 TOTAL $82,684.81 $942.80 $83,627.61 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS ~NDICATED. PRo PROTHY FEDERMAN AND PIfELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (?lq) 563-7000 ATTORNEY FOR PLAINTIFF WM SPECIALTY MORTGAGE, LLC Plaintiff Vs. DEBRA A. MONISMITH Defendants : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 03-6099 CIVIL TERM TO: DEBRA A. MON1SMITH 157 OAK HILL ROAD CARLISLE, PA 17013 FILE COPY DATE OF NOTICE: DECEMBER 12, 21103 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (7 l 7) 249-3166 LAWRENCE TfiPHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S CASE NO: 2003-06099 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WM SPECIALTY MORTGAGE LLC VS MONISMITH DEBRA A RETURN - RS/ULAR CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE MONISMITH DEBRA A DEFENDANT , at 1906:00 HOURS, on the at 157 OAK HILL ROAD CARLISLE, PA 17013 DEBRA MONISMITH a true and attested copy of COMPLAINT - MORT FORE was served upon the 21st day of November by handing to together with law, 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18 Service 4 Affidavit Surcharge 10 32 So kllswers: O0 .' ~' 00 R. Thomas Kline 00 14 Sworn and Subscribed to before me this day of A.D. Prothonotary li/~'~/2003 FEDERMAN & PHELkN Deputy Sheriff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identificafion No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215] 563-7000 WM SPECIALTY MORTGAGE, LLC 505 SOUTH MAIN STREET Plaintiff, DEBRA A. MONISMITH Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03~6099 C.T. VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DEBRA A. MONISMITH is over 18 years of age and resides at, 157 OAK HILL ROAD, CARLISLE, PA 17013 , This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaimiff Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center DEC-29-2003 08:00:21 Military Status Report to the Soldiers' and Sailors' Civil Relief Act of 1940 H IFirst IMiddle IBegin Date [Active Duty Status ]Service/Agency Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. Kenneth C. Scheflen, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please send an e-mail to sscra.heipdesk~osd.pentagon.mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https://www.dmdc.osd.mil/udpdri/owa/sscra.prc_Select 12/29/2003 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WM SPECIALTY MORTGAGE, LLC Plaintiff, DEBRA A. MONISMITH Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6099 C.T. CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WM SPECIALTY MORTGAGE, LLC : Plaintiff, : : No. 03-6099 C.T. DEBRA A. MONISMITH : Defendant(s) · TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 12/30/03 to JUNE 9, 2004 (per diem ~$13.75) TOTAL $83,627.61 $2,241.25 and Costs $85,868.86 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 - 1814 Attorney for Plaintiff Note: Please attach description of property.No. ALL THAT CERTAIN lot of l~u~d siiua~e ia Lower Franktord Town,~ip, Cumberland Coumy, Pean~'lvaata, bounded aad described a~ foUows: BI3JlNhTI~G at a concr~';c mOnumem on &e d~i~ fi~f-~ay I~ of'l~w~hip R~d No. TA~ on the li~ of ~ ~ow or ~erly of ~v~ S. ~i~o; t~n~ ~ ~e ~er, So~ 81 de8~ 31 m~ut~ 53 ~nds We~, a dis~ of 174.33 ~ ~ a ~; ~en~ ~oflg I~ ~ No~ ~ degf~ 05 mi~c~ 07 s~ ~, a ~ of 75.~ ~ m a ~int on ~ 1~ of ~er ~ of F~s X, ~n~r, Jr., et ux; ~enee ~on~ ~e h~. So~ ~ degas 54 min~ ~ ~u~ ~t, a &~ of 176.18 f~l ~ a ~m on t~ fi~ of ~t No~ 7 on ~ ~R~ menti~ PI~ ~ ~; ~e~ Mong tl~ Iaaa, ~ ~ ~a 0~ ml~t~ 07 ~Ms W~, a dis~ of i80.~ ~et to a of l~t No. 8 on the sa~ Plan: ~ ~ ~ 1~, N~ 85 d~g~s ~ minutes 53 a &~ of3~,~ f~t lo a ~i~ on ~ d~t~ right, f-way 0f ~ ~id To~ip RoM NO. T~; ~ ~g ~ la~. N~ ~ d~ 05 ~ 07 ~Ms ~t, a d~tan~ of 118.79 f~t to a ~nc~ ~aumem, the pl~ 0f ~innln~, CONTAINING approximately 1,177 acres al~ beitlg described acx:ording to a SubdiviSion P?aa for Francis X. Bender+ J¥. by Oerril 1. Be~, R.S., da~d:d February 1, 1977, and recorded in file Office of ~he R~cord~r of Deed~ for Cumberland County, P~nnsylvao. ia, in Plaa Book 30, Page 87 and b~ing d~si~..~'d a.~ 1,o4 No, 9, Section A thereon. TITLE TO SAID PRFT,4ISES I$ VESTED [~ D~m A. Moai~nith. indivk~ually by Deed from Thofl~ E. Moni:m~lh and Debra A. Che~nttt, now by marriage Debra A. MoaJsmith, his wife, da~cd 3/19/2001 and recorded ~t26f2001 in Rect~ Eook 241 Page 557. TAX PARC~. #I4-06-0027-096 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-6099 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WM SPECIALTY MORTGAGE, LLC, Plaintiff (s) From DEBRA A. MONISMITH (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the accotmt of the defendant (s) and fi'om delivering any properly of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garmshee and is enjoined as above stated. AmountDue $83,627.61 L.L. $.50 Interest FROM 12/30/03 TO 6/9/04 (PER DIEM - $13.75) - $2,241.25 AND COSTS Atty's Corem % Due Prothy $1.00 Atty Paid $114.14 Other Costs Plaintiff Paid Date: DECEMBER 3l, 2003 (SeaO CURTIS R. LONG Prothonotary Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOH F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 WM SPECIALTY MORTGAGE, LLC Plaintiff, DEBRA A. MONISMITH Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. 03-6099 C.T. AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WM SPECIALTY MORTGAGE, LLC, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,157 OAK HILL ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DEBRA A. MONISMITH 157 OAK HILL ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Natne HARRIS SAVINGS BANK Last Known Address (if address cannot be reasonably ascertained, please indicate) 921 CAVALRY ROAD CARLISLE, PA 17013-1175 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: maiTle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 157 OAK HILL ROAD CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 29, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WM SPECIALTY MORTGAGE, LLC : Plaintiff, : DEBRA A. MONISMITH : Defendant(s)· : TO: DEBRA A. MONISMITH 157 OAK HILL ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY No. 03-6099 C.T. December 29, 2003 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT,4 DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OF A LIEN AGAINSTPROPERTT.** Your house (real estate) at, 157 OAK HILL ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $83,627.61 obtained by WM SPECIALTY MORTGAGE, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale wilt go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriffgives 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 Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Shefiffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 AT.I. THAT CERTAIN lot of land situate in Lower Fr~L-fo~ To~v_n__~ip, Cttmherln~cl Conmy, Pcnn~l~, bennded and describe~ BEGINNING at a concrete monument on the dedle~ed right-of-way ~ of Town~hip Rond No. T-4~6 on the li~ of la~ now or formerly of Mervin $. Spidlc; thenoe along the Inlter, SOut~ 81 de~fee~ 31 minute's 53 soeonds Wess., a dist~ee of 174.33 ~t ~o a point; t~enc~ ~1o11~ the ~ Not~ 04 05 minutes 07 seconds Enst, a distance of 75.00 feet to a point on Rm line of ot~cr Inncl of Frm~S gentler, Jr., et ux; thence along ~he latter, South 85 degrees 54 minutes 53 ~e~onds R~, a dis~mtee of 176.18 fee~ ~o a ,p0in~ on tim ~ of Lot No. 7 on th~ h~nafte~ mentkmed Plan of Lots; thence along the ]ailer, South 04 dcgr~s 05 mlnute~ 07 se~mds We~, a dis'laoce of 180.d6 feet to a point on the line of I.o~ No. 8 on the said Pla~l; ~ alol~ tho laaer, NOi~ 85 deglr~S 54 mimaes ~3 seco~ls Wost, a dlstance of 3~,0.00 f~t ~o apoiol oa~he dedica~d ri$ht-of-way of tl~ ~id Town~h/p ROad No, T-456~ ~ slong the la~er, North 04 degrees 05 mtnu~s 07 ~econds East, a disum~ of 118.79 fee~ to a concrete monumenl, the plnce of beg_inninJ~. CONTAIN]NG epproxtmnlely 1,177 acrc.q ~nd bein~ de~ribed according to a S~b~ivtsion P'bm for Franc~s X. l~d~r, ~r., by Oerril ~. l~z, R.S., dali Febf~ 1, 1977, and racotd~l in tl~ Office of ~ R.eco~ler of Deed~ ~- Cen~crland Connty, Pemusylwni~. in PInn Book 30, Page 87 m~d b~ing d~ a~ l~t No. 9, Section A thereon. TITLE ~ SAID PR~I'SI~ IS VESTEI~ ~ Debra A. lvl~nJsmith, indivi~m01y by Dca~ from Thomas F.. Monismith an~ Debra A. Chestnut, now by marriage Debra A. Monismitb. his wife. da~ed 3/19/2001 and recorO~l 3/2,6/2001 in Reenrd l~ok 241 l~g~ TAX PARCEl. #1q-O6-(X)27-096 AFFIDAVIT OF SERVICE PLAINTIFF WM SPECIALTY MORTGAGE, LLC DEFENDANT(S) DEBRA A. MONISMITH SERVE DEBRA A. MONISMITH AT 157 OAK HILL ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY PIT No. 03-6099 C.T. ACCT. #0020005518 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 9, 2004 SERVED Served and made known to ~.bV'6.. ~. ~[~O}x~$~'tk , Defendant, on the /~ dayof ,200,~, 15'7 9,4/q ,¢ommonweal of Pennsylvania, in the manner described below: ~ c Defendant personally served. . .... ~,,,~f~.~ 8~'.~;/~"/£ ~ 1:/( -'~[~-Adult family member with whom Defandant(s) reside(s). Re.mtionsmp~s ,'~/,?'~,y.,"- ..~.~v.--~ ~} /~.~qq ak_ '-b,.S~ AdultinchargeofDefendant(s)'sresidencewhorefusedtog~veuame°rre~au°nsmp' V ¥X~'4'{1 I llNI3~31~l.~ Manager/Clerk of place of lodging in which Defendant(s) reside(s). ~ ....... -~r Agent or person in charge of Defendant(s)'s office or usUal place of business, ff an officer of said Defendant(s)'s company. Description: Age /~ Ueight~t~It Weight/,~c) RacetO Sex r I, '~'4'~,t~/~-~ ~ /~/~'/~ ,a competent adult, being duly sworn according to law, depose and state that I personally handed a tree and correct copy of' mJqo~ice of SberiWs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated abo'~ :~8~a~ N,~.~T~ By: . i '/'- ~E~RVICE AT LEAST 3~IMES~,INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT XSERVED ~ On the day of ,200__, at o'clock __.m., Defendant NOT FOUND because: ~ __ Moved __ Unknown__ No Answer __ Vacant ~( 1~t Attempt: [ //a~ / o f Time: /O : O~'y,~,,.~, 2na Attempt: ~ 3rd Attempt: / / Time: : / / Time: : Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY, PENNSYLVANIA WM SPECIALTY MORTGAGE, LLC VS. DEBRA A. MONISMITH ) CiVIL ACTION ) ) CiVIL DIVISION ) NO. 03-6099 C.T. AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for WM SPECIALTY MORTGAGE~ LLC hereby verify that on January 6~ 2004 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: April 30, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Phfintiff WM Specialty Mortgage, LLC VS Debra A. Monismith In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-6099 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Frank Federman. Sheriffs Costs: Docketing 30.00 Poundage 492.61 Posting Handbills 15.00 Advertising l 5.00 Mileage 9.76 Levy 15.00 Surcharge 20.00 Law Journal 307.25 Patriot News 309.43 Share of Bills 29.26 Law Library .50 Prothonotary 1.00 $1244.81 paid by attorney 06/18/04 Sworn and subscribed to before me So Answers: R. Thomas Kline} Sheriff 2004, A'D' (~ t~ ~ c0/~'-- By %j~, ~'~ Prothonotary Real Est~/te Deputy r_J.r_, WM SPECIALTY MORTGAGE, LLC Plaintiff, V. DEBRA A. MONISMITH Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6099 C.T. AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WM SPECIALTY MORTGAGE, LLC, Plaintiff in the above action, by its atto~, FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Ex .e~a~_ ~6n ~ ripe following information concerning the real property located at,157 OAK HILL R~, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DEBRA A. MONISMITH 157 OAK HILL ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Nalne HARR/S SAVINGS BANK Last Known Address (if address cannot be reasonably ascertained, please indicate) 921 CAVALRY ROAD CARLISLE, PA 17013-1175 4. Name and address of last recorded holder of every mortgage of record: , Name Last Known Address (if address cannot be reasonably ascertained, please :indicate) None 5. Name and ad&ess of every other person who has any record lien on the property: Nallle Last Known Ad&ess (if address cannot be reasonably ascertained, please indicate) None 6. Name and ad&ess of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Ad&ess (if ad&ess cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if ad&ess cannot be reasonably ascertained, please indicate) Tenant/Occupant 157 OAK HILL ROAD CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 29, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WM SPECIALTY MORTGAGE, LLC : Plaintiff, : DEBRA A. MONISMITH : Defendant(s). .' TO: DEBRA A. MONISMITH 157 OAK HILL ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY No. 03-6099 C.T. December 29, 2003 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND AA"Y INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN A GAINST PROPERTE ** Your house (real estate) at, 157 OAK HILL ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $83,627.61 ohtained by WM SPECIALTY MORTGAGE, LLC (the mortgagee) against you. In the event the .sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER [LIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1, If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (I0) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act inmnediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN lot of la~ silual~ in Luwcr FraitLffo~ Township, Cumberland Coumy, Pelmsylvaglia, bounded a,qd desCri~,xl tlECJINN[NG at a concrete ntonumtm~ oa the dedicated d~hi-of-way lj~ of l'own.~hip Road No. T-456 oa thc l~ of land now or formerly of ldervin $, Spidlc; thence along the la, er, South 81 degrees 31 minutia 53 scc~nds West, a distanc~ of 174,33 feet lo a polar; thence alo~lt the saa~ Nor~ 04 degrees 05 miner, es 07 seconds East, a distance of 75,00 f~t to a point oa the li~ of oilier land of Francis X. Bender, Jr., et ux; thence along the latter, South 85 degrees 54 minute~ 53 ~onds Eazt. a disgrace of 176.18 fe~ ~ a poinl on [he ~ of Lot No, ? on trw bcteiaaftvr mcmioned Plan of Lots; ~heace along lhe latter. Souda 04 dcg_rcc.~ 05 minutes 07 sc. coats We~, a dish,ce of i80,46 feet to a poin[ on the li~e of I,ot Nu, 8 on the said Plan; ~ along flx~ latler, North 85 degrees 54 minutes 53 ~:onda West, a ~stance of 330.00 fegt to a poilg on Ihe deilicated right-o¢-way of tile said Towr. zhip Road NO, T-456; tht~:c aloog the latter, North 04 dcgreez 05 minut~ 07 acconds East, a distance uf 118.79 fcci to a concre[e monumenl, thc place of beglnnln~, CONTAINING approx~lcly 1.177 acres alxt beial~ deu;rib~d accordin~ [o a Subdivision Plan for Francis X. B,-:mder, Ir., by Genii J. Betz, R.S., dated Febalary 1, 1977, and rccordcd in thc OfFice. of the Recorder of Deed~ for C~unbcrlaad County, penmylwmia, in Plan I~ok 30, P'dge 87 utld being d~igllated as T/o! No. 9, Section A thereOa. TITLE TO SAID PRh-'MISES IS VESTE1) tN Dcbra A. Moaismith, individually by Deed. from Thon~n F,. Moni~mi~ and Debra A. Cbcstnuz, now by' marriage Debta A, Mooiml ith, his wife, dated 3/19/2001 and tecOrd~ 3/26/'2001 in R~x~rd I~ook 241 Pal~e ~57. TAX P^RCEI, #14~027-096 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-6099 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WM SPECIALTY MORTGAGE, LLC, Plaintiff (s) From DEBRA A. MONISMITH (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach t21e property of the defendant(s) not levied upon in the pos:3ession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is e~joioed 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) ~f ~r~perty ~f the defendant(s) n~t ~evied up~n an subject t~ attachment is f~und in the p~ssessi~n of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. AmoumDue $83,627.61 L.L. $.50 Interest FROM 12/30/03 TO 6/9/04 (PER DIEM - $13,75) - $2,241.25 AND COSTS Atty's Corem % Due Prothy $1.00 Atty Paid $114.14 Other Costs Plaintiff Paid Date: DECEMBER 31, 2003 (Seal) CURTIS R. LONG Prothonotary Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOH F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the 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 Th~ Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 27th day(s) of April and the 4th and 11th day(s) of May 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said Cgurijy of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. ~ J QlyofHarflsburg, Dauphin County J NOT~RYPUBLIC J My Commission ~xpires .kme 6, 2000000L '~'--'-~y commission expires June 6, 2006 Member, Pennsylvania Associationol Notafles ~a~ ~ CUMBERLAND COUNTY SHERIFFS OFFICE ~ ~ E,~ ~' ~ ~l~ CUMBERLAND COUNTY COURTHOUSE l~.'r4tt °a a" ~g~ a' l=~ ~ ~ ~ CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total Publisher's Receipt for Advertising Cost $ 309.43 Ih~!.~l~.8~aa"aatt~lm;aaaea;ala~ Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general ~~~ edge receipt of the aforesaid notice and publication costs and ce~ifies that the same have tta.~a~~ By .................................................................... ~~ 1,~ T~m. 1~7~. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Joumai on the following dates, viz: APRIL 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Joumai, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. i~EAL ESTATE ~ALE NO. 22 Wrlt No. 2003-6099 Civil WM Specialty Mortgage LLC VS. Debra A. Monismlth Atty.: Frank Federman ALL THAT CERTAIN lot of land situate in Lower Frankford Town- ship. Cumberland County. Pennsyl- vania, bounded and described as follows: BEGINNING at a concrete monu- ment on the dedicated right-of-way line of Township Road No. T-456 on the line of land now or formerly of Iviervin S. Spldle; thence along the latter, South 81 degrees 31 min- utes 53 seconds West, a distance of 174.33 feet to a point; thence along the same North 04 degrees 05 minutes 07 seconds East, a dis- tance of 75.00 feet to a point on the line of other land of Francis X. Bender. Jr., et ux; thence along the .latter. South 85 d_~grees 54 minutes e Coyn r SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 NO{'~I~" SEAL ~Y LOIS E. SNYBER, Nota~ Public Cadisle Bom, Cumberlancl County My Commission Expires March 5, 2005 merit on the dedicated fight-of-way line of Township Road No. T-456 on the line of land now or formerly of Mervin S. Spidle; thence along the latter, South 81 degrees 31 r~n- utes 53 seconds West, a distance of 174,33 feet to a point; thence along the same North 04 degrees 05 minutes 07 seconds East, a dis- tance of 75.00 feet to a point on the line or other land of Francis X. Bender, Jr., et ux; thence along the latter, South 85 degrees 54 minutes 53 seconds East, a distance of 175.18 feet to a point on the line of Lot NO. 7 on the hereinafter men- t/oned Plan of Lots; thence along the latter, South 04 degrees 05 minutes 07 seconds West, a distance of 180.46 feet to a point on the line of Lot No. 8 on the said Plan; thence along the latter, North 85 degrees 54 minutes 53 seconds West, a dis- tance of 350.00 feet to a point on the dedicated right-of-way of the said Township Road No. T-456; thence along the latter, North 04 degrees 05 minutes 07 seconds East, a dis- tance of 118.79 feet to a concrete monument, the place of be~nnlng. CONTAINING approximately 1.177 acres and being described according to a Subdivision Plan for Francis X. Bender, Jr., by Gerrit J. Betz, R.S., dated February 1, 1977, and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 30, Page 87 and being designated as Lot No. 9, Section A thereon. TITLE TO SAID PREMISES IS VESTED IN Debra A. Monismith, in- dividually by Deed from Thomas E. Monismith and Debra A. Chestnut, now by marriage Debra ,% Montsmith, his wife, dated 3/19/2001 and re* corded 3/26/2001 in Record Book 241 Page 557. TAX PARCEL #14-06-0027-096. LOIS E SNYDER, Notary P Carlisle 8om, Cumberland C My Commission Expires March