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HomeMy WebLinkAbout03-6537FEDERMAN 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 ATTORNEY FOR PLAINTIFF CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff HELEN T. HENCH A/K/A HELEN TAMOSAITIS HENCH 1312 KINGSLEY DRIVE A/K/A1312 KINGSLEY ROAD CAMP HILL, PA 17011 COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CML 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 entering a written appearance personally or by attorney and filing in writing w/th 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, 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 #: 84733 IF 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 1N 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 #: 84733 Plaintiffis CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 The name(s) and last known address(es) of the Defendant(s) are: HELEN T. HENCH A/K/A HELEN TAMOSAITIS HENCH 1312 KINGSLEY DRIVE AJK/A 1312 KINGSLEY ROAD CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 03/01/2000 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to EQUITY ONE, INCORPORATED which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1598, Page 981. By Assignment of Mortgage recorded 9/18/2000 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 654, Page 1059. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of pr/ncipal and interest upon said mortgage due 03/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 84733 6. The following amounts are due on the mortgage: Principal Balance Interest 02/01/2003 through 12/18/2003 (Per Diem $24.10) Attorney's Fees Cumulative Late Charges 03/01/2000 to 12/18/2003 Cost of Suit and Title Search Subtotal $97,743.79 7,736.10 1,250.00 1,269.87 $ 550.00 $108,549.76 ESCROW Credit 0.00 Deficit 929.69 Subtotal $ 929.69 TOTAL $109,479.45 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 109,479.45, together with interest from 12/18/2003 at the rate of $24.10 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDEP-~MAN AND PHELAN, .LLP By: FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALL1NAN, ESQUIRE Attorneys for Plaintiff File #: 84733 one hundred twan~,'-Or, O alii, eevent-~lx hu~ (12X.~61 g~e~ ~ a ~lnt ~hm ~he~ ~ina of ~elmy ~a~%~g ~ li~ cu~L~ ~o ~ha lm~ havi~ radius of ~ ~Un~O~ ~i~-~ae a~ t~y-~ ~mdt~ (283,32} feat C~un~ R~Co~dar of D~dm o~.~&~° ~n PI~ 13o~ 4,, ~ege 98, Cumberland ~an .K. -~h~. Li~a ~ ~gh~ ~era ~o ~ wi~ deed ~O' P~SES BEINC: 1312 KINGSL~ D~ A/K/A 1312 KINGSL~ ~ VERIFICATION -' 'mI.~TOPHER STUMP hereby states that he/she is ASSISTANT SECRETARY of CHASE MANHATTAN MORTGAGI~ CORPORATION ]nortgage servtcing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action are tree and correct to the best of her knowledge, information and belief. The tmdersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to umwom falsification to authorities. DATE: CHRISTOPHER STUMP ,~$!STANT SECRETARY SHERIFF'S CASE NO: 2003-06537 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN VS HENCH HELEN T RETURN - REGULAR BRIAN BARRICK Cumberland County,Pennsylvania, who being duly says, the within COMPLAINT - MORT FORE was HENCH HELEN T A/K/A HELEN TAMOSAITIS HENCH , Sheriff or Deputy Sheriff of sworn according to law, served upon the DEFENDANT at 1755:00 at 1312 KINGLEY DRIVE A/K/A CAMP HILL, PA 17011 HELEN HENCH a true and attested copy of HOURS, on the 29th day of December , 2003 1312 KINGLSEY ROAD by handing to COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18 Service 9 Affidavit Surcharge 10 37 00 66 00 00 00 66 Sworn and Subscribed to before me this /3 ~ day of ~/ erotnonotary So Answers: R. Thomas Kline 12/30/2003 ~ FEDERMAN & P~~By: 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 CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff, HELEN T. HENCH A/FdA HELEN TAMOSAITIS HENCH CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 03-6537 CIVIL TERM Defendant(s). : 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 HELEN T. HENCH A/K/A HELEN TAMOSAITIS HENCH, 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 12/19/03-2/3/04 TOTAL $109,479.45 $1,132.70 $110,612.15 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 Attomey for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA~D. dZ~-~ PRO PROTHY FEDERMAN AND PHELAN, 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 (~) S6~-7000 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff Vs. HELEN T. HENCH A/K]A HELEN TAMOSAITIS HENCH Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DIVISION : CUMBERLAND COUNTY : NO. 03-6537 CIVIL TERM TO: HELEN T. HENCH A/K/A HELEN TAMOSAITIS HENCH 1312 KINGSLEY DRIVE A/K/A 1312 KINGSLEY ROAD CAMP HILL, PA 17011 DATE OF NOTICE: JANUARY 21,2004 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 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 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 CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE Plaintiff, HELEN T. ItENCH AfK/A HELEN TAMOSAITIS ItENCH Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6537 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant HELEN T. HENCH A/FdA HELEN TAMOSAITIS HENCH is over 18 years of age and resides at, 1312 KINGSLEY ROAD, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attomey for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CHASE MANHATTAN MORTGAGE : CORPORATION : Plaintiff,.' HELEN T. HENCH A/K/A HELEN TAMOSAITIS HENCH Defendant(s), No. 03-6537 CML TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 2/4/04-6/9/04 (per diem -$18.18) TOTAL $110,612.15 x// $2,308.86 and Costs $112,921.01 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 piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, in accordance with a survey of D.P. Raffenaperger, Registered Surveyor, dated October 12, 1953 more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northern line of Kingsley Road two hundred sixty-one (261) feet Eastwardly from the Northeast corner of the intersection of Kingsley Road and Manchester Road at the dividing line between Lots Nos. 24 and 25, Block "O" on the hereinafter mentioned Plan of Lots; thence along the same Northwardly one hundred ten and eighty-six hundredths (110.86) feet to a point at the dividing line between Lots Nos. 13 and 25, Block "O" on said Plan; thence Northeastwardly along same, sixty and ninety-seven hundredths (60.97) feet to a point at the dividing line between Lots Nos. 2 and 25, Block "O" on said Plan; thence along the same Southeastwardly five and eight hundredths (5.08) feet to a point; thence Eastwardly along same twenty-eight and sixteen hundredths (28.16) feet to a point at the dividing line between Lots Nos. 25 and 26, Block "O" on said Plan; thence Southwardly along same one hundredth twenty-one and seventy-six hundredths (121.76) feet to a point on the Northern line of Kingsley Road thence Westwardly along said line of Kingsley Road, along a line curving to the left having a radius of two hundred fifty-three and thirty-two hnndredths (253.32) feet the arc distance of fifty-seven (57) feet to a point, the place of Beginning. BEING Lot No. 25, Block "O" on Plan of Lots known as Highland Park, Blocks M, N, O, P, Q, R, S and T, said Plan recorded in Plan Book 4, Page 98, Cumberland County, Recorder of Deeds Office. HAVING thereon erected a one story frame dwelling house known as 1312 Kingsley Road. TITLE TO SAID PREMISES IS VESTED IN Helen Tamosaitis Hench, married person by Deed from Brian K. Cunningham and Lisa Anne Cunningham, his wife dated 2/24/2000 and recorded 3/3/2000, in Deed Book 217, Page 70. Tax Parcel #13-23-0545-171 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-6537 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff (s) From HELEN T. HENCH a/k/a HELEN TAMOSAITIS HENCH, 1312 KINGSLEY ROAD, CAMP HILL PA 17011. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 1312 KINGSLEY ROAD, CAMP HILL PA 17011 (SEE LEGAL DESCRIPTON). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to nohfy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fi.om paying any debt to or for the account of the defendant (s) and fi.om delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. AmountDue $110,612.15 L.L. $.50 Interest FROM 2/4/04 TO 6/9/04 ~ $18.18 per diem = $2,308.86 Due Prothy 1.00 Atty's Comm % Atty Paid $119.66 Plaintiff Paid Date: FEBRUARY 5, 2004 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Other Costs CURTIS R. LONG Prothon6~ry f ?~ ~ By:~'(. ~-~.~C ~epu ? f ~64~ ~.~ t Address: ONE PENN CENTER ~ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400, PHILDELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, HELEN T. HENCH A/K/A HELEN TAMOSAITIS HENCH Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-6537 CIVIL TERM AFFiDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at~ 1312 KINGSLEY ROAD, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HELEN T. HENCH A/K/A HELEN TAMOSAITIS HENCH 1312 KINGSLEY ROAD CAMP HILL, PA 17011 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: Name UGI UTILITIES INC. Last Known Address (if address cannot be reasonably ascertained, please indicate) 225 MORGANSTOWN ROAD READING, PA 19612 4. Name and address of last recorded holder of every mortgage of record: Sanle 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. NaiTle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 1312 KINGSLEY ROAD CAMP HILL, PA 17011 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. February 3, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 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 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, HELENT. HENCHA/K/AHELENTAMOSAITIS HENCH Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 03-6537 CIVIL TERM CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, HELEN T. HENCH A/K/A HELEN TAMOSA1TIS HENCH Defendant(s). CUMBERLAND COUNTY No. 03-6537 CIVIL TERM February 3, 2004 TO: HELEN T. HENCH A/FdA HELEN TAMOSAITIS HENCH 1312 KINGSLEY ROAD CAMP HILL, PA 17011 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOTAND SHOULD NOTBE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 1312 KINGSLEY ROAD, CAMP HILL~ PA 17011, is scheduled to be sold at the Sheriff's 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 $110,612.15 obtained by CHASE MANHATTAN MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129,3. NOTICE OF OWNER'S RIGHTS YOU 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 RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the 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 Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin 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 ALL THAT CERTAIN piece or parcel of laud situate in Lower Allen Township, Cumberland County, Pennsylvania, in accordance with a survey of D.P. Raffenaperger, Registered Surveyor, dated October 12, 1953 more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northern line of Kingsley Road two hundred sixty-one (261) feet Eastwardly from the Northeast corner of the intersection of Kingsley Road and Manchester Road at the dividing line between Lots Nos. 24 and 25, Block "O" on the hereinafter mentioned Plan of Lots; thence along the same Northwardly one hundred ten and eighty-six hundredths (110.86) feet to a point at the dividing line between Lots Nos. 13 and 25, Block "O" on said Plan; thence Northeastwardly along same, sixty and ninety-seven hundredths (60.97) feet to a point at the dividing line between Lots Nos. 2 and 25, Block "O" on said Plan; thence along the same Southeastwardly five and eight hundredths (5.08) feet to a point; thence Eastwardly along same twenty-eight and sixteen hundredths (28.16) feet to a poim at the dividing line between Lots Nos. 25 and 26, Block "O n on said Plan; thence Southwardly along same one hundredth twenty-one and seventy-six hundredths (121.76) feet to a point on the Northern line of Kingsley Road thence Westwardly along said line of Kingsley Road, along a line curving to the left having a radius of two hundred fifty-three and thirty-two hundredths (253.32) feet the arc distance of fifty-seven (57) feet to a point, the place of Beginning. IBEING Lot No. 25, Block "O" on Plan of Lots known as Highland Park, Blocks M,N, O, P, Q, R, S and T, said Plan recorded in Plan Book 4, Page 98, Cumberland County, Recorder of Deeds Office. HAVING thereon erected a one story frame dwelling house known as 1312 Kingsley Road. TITLE TO SAID PREMISES IS VESTED IN Helen Tamosaitis Hench, married person by Deed from Brian K. Cunningham and Lisa Anne Cunningham, his wife dated 2/24/2000 and recorded 3/3/2000, in Deed Book 217, Page 70. ~' Tax Parcel #13-23-0545-171 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 .(~15) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION VS. HELEN T. HENCH A/K/A HELEN TAMOSAITIS HENCH ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 03-6537 CIVIL TERM MOTION FOR SERVICE PURSUANT TO .SPECIAL ORDER OF COURT Plaintiff, by its counsel, Frank Federman, Esquire, moves this Honorable Court for an Order directing service of the Notice of Sale upon the above captioned Defendant(s) by certified mail and regular mail to Defendant's last known address. 1. Attempts to serve Defendant with Notice of Sale have; been unsuccessful, as indicated by the Affidavit of Service attached hereto as Exhibit "A." 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiffhas made a good faith effort to locate the Defendant. An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the result there from is attached hereto as Exhibit "B." WHEREFORE, Plaintiffrespectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Notice of Sale by certified mail and regular mail to Defendant's last known address.. FRANK FEDERMAN, ESQUIRE ATTORNEY' FOR PLAINTIFF FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 21.(~563-7000 CHASE MANHATTAN MORTGAGE CORPORATION VS. HELEN T. HENCH A/K/A HELEN TAMOSAITIS HENCH ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 03-6537 CIVIL TERM .MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiffmay move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriff's return of"Not Fo tutu or me 1act that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis 238 Pa. Super. 362, 357 A.2d 580 (1976). t~ce of intended adoption mailed to last known "No ' ' -- address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). - An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Affidavit of Service, marked hereto as Exhibit "A", the Sheriffhas been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Good Faith Investigation, marked Exhibit "B." WHEREFORE, Plaintiff respectfully requests service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. Respectfully submitted: FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF PLAINTIFF AFFIDAVIT OF SERVICE CHASE MANHATTAN MORTGAGE CORPORATION DEFENDANT(S) HELEN T. HENCH A/K/A HELEN TAMOSAITIS HENCH SERVE HELEN T. HENCH A/K/A HELEN TAMOSAITIS HENCH AT 1312 KINGSLEY ROAD CAMP HILL, PA 17011 CUMBERLAND COUNTY PJT No. 03-6537 CIVIL TERM ACCT. ~_1503740468 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 9, 2004 Served and made known to at , o'clock __.m., at of Penusylvania, in the manner described below: SERVED , Defendant, on the _ day of. ,200_, · Commonwealth __Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is __ Adult in charge of Defendant(s)'s residence who refused to give name or rel---afionship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). __ Agent or person in charge of Defendant(s)'s office or usual place of business. _ Other: an officer of said Defendant(s)'s company. Description: Age. Height Weight Race Sex__ Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sa!~ in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of ,200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED Onthe /~ ~X~dayof_~O'4"o'~r/ ,200~,at 7/o8 o,clock ~c_.m., Defendant NOT FOUND because: __ Moved Attempt. 3rd Attempt:_ / Sworn to and su~scr~l~.ed before me this tO W~lay of. ~'~'~.b ' ~. NO~: ~~. ~ttorney for Pl~ntiff __ Unknown__ No Answer _ .~ Vacant / / Time: : 2"a Attempt:. / .Time: : Frank Federman, Esquire _ I.D. No. 12248 / / .Time:. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATION VS. HELEN T. HENCH A/I~A HELEN TAMOSAITIS HENCH CIVIL ACTION CIVIL DIVISION NO. 03.-6537 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQU1RE attorney for CHASE MANHATTAN MORTGAGE CORPORATION hereby verify that on February 9, 2004 true and correct copies of the Notice of SherifFs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: April 26, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~ o~ ~ $ 0'1.20o ~ 0004300377 ~EEO ~ . COMMONWEALTH OF PENNSYLVANIA -~ COUNTY OF CUMBERLAND SS: I, Robert P. Zie~ler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Chase Manhattan Mt~ Corp is the grantee the same having been sold to said grantee on the 9th day of June A.D., 2004, under and by virtue of a writ Execution issued on the 5__~ day of Feb, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 6537, at the suit of Chase Manhattan Mte Corp against Helen T Hench aka Helen Tamosaitis Hench is duly recorded in Sheriff's Deed Book No. 263, Page 3550. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this , A.D2004 day of ~der of Deeds Chase Manhattan Mortgage Corporation VS Helen T. Hench a/k/a Helen Tamosaitis Hench In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-6537 Civil Term Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on March 09, 2004 at 7:55 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Helen T. Hench a/k/a Helen Tamosaitis Hench, by making known unto Helen T. Hench, personally, at 3955 Sullivan Street, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Cpl. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 06, 2004 at 6:21 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Helen T. Hench a/k/a Helen Tamosaitis Hench located at 1312 Kingsley Road, Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to the within named defendant, to wit: Helen T. Hench a/k/a Helen Tamosaitis Hench, by regular mail to her last known address of 3955 Sullivan Street, Mechanicsburg, PA 17055. This letter was mailed under the date of April 06, 2004 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 9, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Chase Manhattan Mortgage Corporation. It being the highest bid and best price received for the same, Chase Manhattan Mortgage Corporation of 3415 Vision Drive, Columbus, Ohio 43219 being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $973.58. Sheriffs Costs: Docketing $30.00 Poundage 19.09 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 17.94 Levy 15.00 Surcharge 20.00 Law Journal 358.40 Patriot News 347.89 Share of Bills 29.26 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 973.58 Sworn and subscribed to before me So Answers: This 2q~ da yof(~ '- R. Thomas Kline, Sheriff 2004, A.D. p~tt_~onotary Real Estat~ Deputy CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, HELEN T. HENCH A/K/A HELEN TAMOSAITIS HENCH Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. 03-6537 CML TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located att 1312 KINGSLEY ROAD, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HELEN T. HENCH A/K/A HELEN TAMOSAITIS HENCH 1312 KINGSLEY ROAD CAMP HILL, PA 17011 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: Name UGI UTILITIES INC. Last Known Address (if address cannot be reasonably ascertained, please indicate) 225 MORGANSTOWN ROAD READING, PA 19612 4. Name and address of last recorded holder of every mortgage of record: Nalne None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: NaiTle 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. NalTle 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: Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 1312 KINGSLEY ROAD CAMP HILL, PA 17011 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 unswom falsification to authorities. February 3, 2004 DATE FRANK FEDERMAN, ESQU1RE Attorney for Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, HELEN T. HENCH A/K/A HELEN TAMOSAITIS HENCH Defendant(s). CUMBERLAND COUNTY No. 03-6537 CIVIL TERM February 3, 2004 TO: HELEN T. HENCH A/K/A HELEN TAMOSAITIS HENCH 1312 KINGSLEY ROAD CAMP HILL, PA 17011 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBTAND ANY INFORMA TION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A ITEMPT TO COLLECT A DEBT, B UT ONLY ENFOR CEMENT OF A LIEN AGAINST PROPER I'E. * * Your house (real estate) at, 1312 KINGSLEY ROAD, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland Cmmty Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $110,612.15 obtained by CHASE MANHATTAN MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU 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. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If thc mount 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 Sheriffwithin 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 F/ND 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 piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, in accordance with a survey of D.P. Raffenaperger, Registered Surveyor, dated October 12, 1953 more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northern line of Kingsley Road two hundred sixty-one (261) feet Eastwardly from the Northeast corner of the intersection of Kingsley Road and Manchester Road at the dividing line between Lots Nos. 24 and 25, Block "O" on the hereinafter mentioned Plan of Lots; thence along the same Northwardly one hundred ten and eighty-six hundredths (110.86) feet to a point at the dividing line between Lots Nos. 13 and 25, Block "O" on said Plan; thence Northeastwardly along same, sixty and ninety-seven hundredths (60.97) feet to a point at the dividing line between Lots Nos. 2 and 25, Block "O" on said Plan; thence along the same Southeastwardly five and eight hundredths (5.08) feet to a point; thence Eastwardly along same twenty-eight and sixteen hnndredths (28.16) feet to a point at the dividing line between Lots Nos. 25 and 26, Block "O" on said Plan; thence Southwardly along same one hundredth twenty-one and seventy-six hundredths (121.76) feet to a point on the Northern line of Kingsley Road thence Westwardly along said line of Kingsley Road, along a line curving to the left having a radius of two hundred fifty-three and thirty-two hundredths (253.32) feet the arc distance of fifty-seven (57) feet to a point, the place of Beginning. BEING Lot No. 25, Block 'O" on Plan of Lots known as Highland Park, Blocks M, N, O, P, Q, R, S and T! said Plan recorded in Plan Book 4, Page 98, Cumberland County, Recorder of Deeds Office. HAVING thereon erected a one story frame dwelling house known as 1312 Kingsley Road. TITLE TO SAID PREMISES IS VESTED IN Helen Tamosaitis Hench, married person by Deed from Brian K. Cunaingham and Lisa Anne Cunningham, his wife dated 2/24/2000 and recorded 31312000, in Deed Book 217, Page 70. " Tax Parcel #13-23-0545-171 Wl~T OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03~6537 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff (s) From HELEN T. HENCH a/lo'a HELEN TAMOSAITIS HENCH, 1312 KINGSLEY ROAD, CAMP HILL PA 17011. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 1312 IC1NGSLEY ROAD, CAMP HILL PA 17011 (SEE LEGAL DESCRIPTON). (2) Y~u are a~s~ directed t~ attach the pr~perty of the defendant(s) n~t ~evied up~n in the possessi~n of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above slated. AmountDue $110,612.15 L.L. $.50 Interest FROM 2/4/04 TO 6/9/04 ~! $18.18 per diem = $2,308.86 Due Prothy 1.00 Other Costs Atty's Corem % Atty Paid $119.66 PlaintiffPaid Date: FEBRUARY 5, 2004 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. CURTIS R. LONG Prothonotary Address: ONE PENN CENTER ~ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400, PHILDELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 Real Estate Sale//20 On February 27, 2004 the sherifflevied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 1312 Kingsley Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated hereint~ Date: February 27, 2004 By: ~ff~4x~ ~b~)~ Real Estafe Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and Th~ Sunday Patriot-News newspapers of general cimulation, 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 County~of Dauphin in ~Vliscellaneous Book "M", Volume 14, Page 317. ~ ~d/ PUBLICATION COPY Sworn to and ay o/~V~ A.D. I 'rer~ L. Russell, Not(~' Public ' I ~,,~-~Dv~, ,o, ,*-- REAI'F"~A~IIAI'ENO'~n | CIty of Harflsburg, D~3uphinCounty J i~,,Jl~.~nl ruDI..Ib 'f C~~ ' N~Y C°mmlssl°n Expires June 6' 200'' c°mm'ssi°n expires June 6' 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUN'rY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 347.89 ~~,~,~'~,,(~,) Publishers Receipt for Advertmslng Cost ~~~ 3o., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general ~ ~ ~ ~ ~ ~ ~dge receipt of the aforesaid notice and publication costs and ce~ifies that the same have ~m~m~ By .................................................................... BEGinNING at a ooint on the Northern line of Kingsley Road two hundred sixty-one (261) feet Eastwardly from the Northeast comer of the intersection of Kingsley Road and Manchester Road at the dividing line belween Lots Nos. 24 and 25, Block IOi on the hereinafter mentioned Plan of Lots; thence along the ~ame Northwardly one hundxed ten and eighty-six hundredths (110,86) feet to a point at the dividing line between Lots Nos. 13 and 25, Block IOi on said Plan; thence Noitheastwardiy along same, sixW and ninety-seven hundredths (60,97) feet to a point at the dividing line between Lots Nos. 2 and 25, Block IOi on said plan; thence along die same Southeastwardiy five and aight-hundreddis (5.08) publisher's .e~=,~.. Co., publisher of ~and ~ ~.dge receipt of the aforesaid notice and pul 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 officiai legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: 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 true. REAL ESTATE ~LE NO. 20 W~t No. 2003-6537 Civil Chase Manhattan Mortgage Corporation VS, Helen T. Hench a/k/a Helen Tamosaitis Hench Atty.: Frank Federman ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, in accordance with a survey of D.P. Raffenaperger. Reg- istered Surveyor, dated October 12. 1953 more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northern line of Kingsley Road two hundred sixty-one {261) feet East- wardly from the Northeast corner of the intersection if Kingsley Road and Manchester Road at the divid- ing line between Lots Nos. 24 and 25, Block "O" on the hereinafter -- mentioned Plan of Lots; thence along the same Northwardly one hundred ten and eighty-six hundredths {110- .86} feet to a point at the dividing line between Lots Nos. 13 and 25. Block "O" on said Plan; thence Northeastwardly along same, sixty and ninety-seven hundredths .97) feet to a point at the dividing line between Lots Nos. 2 and 25, Block "O" on said Plan; thence along the same Southeastwardly five and eight hundredths (5.08) feet to a point; thence Eastwardly along same twenty-eight and sixteen hun- dredths 128.16) feet to a point at the dividing line between Lots Nos, 25 and 26, Block "O" on said Plan; thence Southwardly along same one hundredth twenty-one and seventy- six hundredths (121.76) feet to a point on the Northern line of e Coyn/4, Editor SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 I~)~'~i~I'~L SEAL t/ LOIS E. SNYDER, Nota~ Public Carlisle Bom, Cumbaflan(I County My Commi~ion Expires Mamh 5, 20~5 wardly from the Northeast corner of the intersection if Kingsley Road and Manchester Road at the divid- ing line bet%veen Lots Nos. 24 arid 25, Block "O" on the hereinafter mentioned Plan of Lots: thence along the same Northwardly one hundred ten and eighty-six hundredths [110- .86) feet to a point at the dividing line between Lots Nos. 13 and Block "0" on said Plan: thence Northeastwardly along same, sixty and ninety-seven hundredths (60- .97) feet to a point at the dividing line between Lots Nos. 2 and 25, Block "O" on said Plan: thence along the same Southeastwardly five and eight hundredths (5.08) feet to point; thence Eastwardly along same twenty-eight and sixteen hun- dredths {28:16) feet to a point at the dividing line between Lots Nos. 25 and 26, Block "O" on said Plan; thence Southwardly along same one hundredth twenty-one and seventy- six hundredths (121.76) feet to a point on the Northern line of Kingsley Road thence Westwardly along said line of Kingsley Road, along a line curving to the left hav- ing a radius of two hundred fifty- three and thirty-two hundredths (253.32) feet the arc distance of fifty- seven {57} feet to a point, the place of Beginmng. BEING Lot No. 25, Block ~O" on Plan of Lots known as Highland Park, Blocks M, N, O, P, Q, R, S and T. said Plan recorded in Plan Book 4, Page 98, Cumberland County. Re- corder of Deeds Office. HAVING thereon erected a one story frame dwelling house known as 1312 Kingsley Road. TITLE TO SAID PREMISES IS VESTED IN Helen Tamosaitis Hench, married person by Deed from Brian K. Cunningham and Lisa Anne Cunrflngham, his wife dated 2/24/ 2000 and recorded 3/3/2000, in Deed Book 217, Page 70. Tax Parcel #13-23-0545-171.