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HomeMy WebLinkAbout04-0948FEDERMAN 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 CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, Oil 43219 Plaintiff PATRICIA APONTE AflKJA PATRICIA YANOVICH A/FdA PATRICIA A. HERD 33 BRINKER STREET LATROBE, PA 15650 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS C1V1L DIVISION TERM No.O t- qq, P 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 entering a written appearance personally or by attomey and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 #: 89205 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 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 ENFORCE A LIEN ON REAL ESTATE. File #: 89205 Plaintiff is CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 The name(s) and last known address(es) of the Defendant(s) are: PATRICIA APONTE A/K/A PATRICIA YANOVICH PdK~A PATRICIA A. HERD 33 BRINKER STREET LATROBE, PA 15650 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 02/08/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1671, Page 170. 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 11/01/2003 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 #: 89205 6. The following amounts are due on the mortgage: Principal Balance Interest 10/01/2003 through 03/04/2004 (Per Diem $18.19) Attorney's Fees Cumulative Late Charges 02/08/2001 to 03/04/2004 Cost of Suit and Title Search Subtotal $78,324.48 2,837.64 1,250.00 123.04 $ 550.00 $ 83,085.16 Escrow Credit 0.00 Deficit 296.31 Subtotal $ 296.31 TOTAL $ 83,381.47 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 Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) 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. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 83,381.47, together with interest from 03/04/2004 at the rate of $18.19 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. FEDERM/~ AND PHELAN,~_L, Pz~~ /~ . By: /s~~in~' FRANK F1EDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIP~ Attorneys for Plaintiff File #: 89205 ALL THA'r CERTAIN ~ac~ of land with th~ improvements the~on erected, situate in the Fourth Ward of tl~; Borough of Carlisle, Cumberlamt County, Pennsylvania, bounded and dascribed as follows: ON THE NORTIt~ by West Louther Street; on the Hast by land now or formerly of.Milton Beriaur; on the S~mth by an alley 12 feel wide and on the West by land now or fomt~rly of Earl Shrawder; contailfillg 7 fe~t ill fl~rtt alld extell&i_n~ 107 fe~t 9 itlch~s hi depth at even width; axed being improved with the East, em half of a double two-~ory dwelling house known ~ No. 592 We~t Louther BEING the same p~emia~ which David L. $~w~art and Marjofic I. ~ by thd~ deed dated Juno 8, 2000 aug, rec~'ded in the Offic~ of th~ Recorder of De~ds in and for Cumberland County /n Deed Book 2~'.3, Page 427, granted and conv~ed unto Dav/d L. Stewa~ C, rantor he. re. ira PR~IISES BEING: 592 I/EST LOUTHI/R STREET VERIFICATION '~indy A. Smith hereby states that he/she is ASSISTANT SECRETARY of CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing 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 true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. ~ SHERIFF'S RETURN - CASE NO: 2004-00948 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOT FOUND CHASE MANHATTAN MORTGAGE CORP VS APONTE PATRICIA AKA PATRICIA Y R. Thomas Kline duly sworn according to law, inquiry for the within named DEFENDANT APONTE PATRICIA AKA PATRICIA YANOVICH AKA PATRICIA A HERD unable to locate Her in his bailiwick. He therefore returns ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and but was the COMPLAINT - MORT FORE , the within named DEFENDANT YANOVICH AKA PATRICIA A HERD , 592 WEST LOUTHER STREET CARLISLE, PA 17013 DEFENDANT WAS NOT FOUND AT GIVEN ADDRESS. REALTY SIGN IN YARD. Sheriff's Costs: Docketing 18.00 Service 3.45 Not Found 5.00 Surcharge 10.00 .00 36.45 , NOT FOUND , as to APONTE PATRICIA AKA PATRICIA FEDERMAN & PHELAN 03/19/2004 Sworn and subscribed to before me this 2 3~ day of~k~..~ So answers~, /~- -/ ---- R. Thomas Kline Sheriff of Cumberland County SHERIFF'S RETURN CASE NO: 2004-00948 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS APONTE PATRICIA AKA PATRtCIA Y - OUT OF COUNTY R. Thomas Kline duly sworn according and inquiry for the within named DEFENDANT to wit: APONTE PATRICIA AKA PATRICIA YANOVICH AKA PATRICIA A HERD , Sheriff or Deputy Sheriff who being to law, says, that he made a diligent search and He therefore Pennsylvania, but was unable to locate Her in his bailiwick. deputized the sheriff of WESTMORELAND County, serve the within COMPLAINT - MORT FORE to On March 19th , 2004 , this office was in receipt of the attached return from WESTMORELAND Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Westmoreland 34.00 .00 59.00 03/19/2004 FEDERMAN & PHELAN So answe_!Ds~. ~-.,~ /~ Sheriff of Cumberland County Sworn and subscribed to before me this 23~_day of A.D. Prothonotar~ dk The Court of Common Pleas o rland C ennsylvania Chase Manhattan Mortga0e Co.r~oration VS. a Aponte a/k/a Patricia Yanovich Same 33 Brinker Street LatroSe, PA 15650 a/k/a Patricia A. Herd o. 04-948 civil TS: 4/4/04 March 5, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriffo[ Westmoreland County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~-:~¢'~ ~ ..':/:>' Sheriff of C~berl~d Count, PA Affidavit of Service Now, I'D~t¢coh /I within upon F~ 3r~.ct Iq /4OOt~J~ by h=dingto ~d made ~own to ,20t)~-/ , at qb.g- o'clock p M. served the copy of the original the contents thereof. So answers, COSTS Sworn and subscribed before SERVICE me this!Idex, day of ~I/]~Lt~j~, 20 Ok/ MILEAGE County, PA 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 Piaintiff~ CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-948 CIVIL TERM PATRICIA APONTE A/K/A PATRICIA YANOVICH A/FUA PATRICIA A. HERD 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 PATRICIA APONTE AJK/A PATRICIA YA1NOVICIt AJK/A PATRICIA A. HERD, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 3/5/04 to 4/28/04 TOTAL $83,381.47 $1,000.45 $84,381.92 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 INDICATED. 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 (7.15) 56't-7000 CHASE MANHATFAN MORTGAGE CORPORATION Phinfiff PATRICIA APONTE A/K/A PATR1CIA YANOVICTI A/K/A PATRICIA A. HERD Defendants TO: ATTORNEY FOR PLAINTIIe'F : COURT OF COMMON PLEAS : CML DIVISION : CUMBERLAND COUNTY : NO. 04-948 CIVIL PATRICIA APONTE A/K/A PATRICIA YANOVICH A/K/A PATRICIA A~ HERD 33 BRINKER STREET LATROBE, PA 15650 DATE OF NOTICE: APRILI, 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 WELL 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 JIJDGMENT 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 COIYNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LAWRENCE T. PIIELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff The Court ~f Common Pleas of~'berland Coun~ennsylvan/a C~se Ma~attan ~rtgage Co~ratxon VS. a A~te a/k/a Pa~icia Y~ovich a/k/a Patricia A. He~ 33 Bri~er Street Latrobe, PA 15650 ~TS: 4/4/04 March 5, 2004 , [, SHERIFF OF CTuqVtBERLAND COUNTY, PA, do hereby deputize the Sheriffof Westmoreland Comity to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of C~rl~d Co~, PA Affidavit of Service Now, within upon at by handing to a and made known to ,200~-? , at r-//'/-¢- o'clock pT) M. served the $o answe~ COSTS Sworn m-id subscribed before SERVICE me this}t~ day Of [~.~.bP.~ , 20 0~ MILEAGE AFFIDAVIT (\ I I .... O ' J~~'~"~'~l County, PA 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, PATRICIA APONTE A/K/A PATRICIA YANOVICH A/K/A PATRICIA A. HERD Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-948 CIVIL TERM 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 CongTess of 1940, as amended. (b) that defendant PATRICIA APONTE A/K/A PATRICIA YANOVICH A/K/A PATRICIA A. HERD is over 18 years of age and resides at, 33 BRINKER STREET, LATROBE, PA 15650. 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 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, PATRICIA APONTE A/K/A PATRICIA YANOVICH A/K/A PATRICIA A. HERD Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DI¥1SION NO. 04-948 CIVIL TERM CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 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 unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.ILC.P. 3180-3183 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, PATRICIA APONTE AJK~A PATRICIA YANOVICH A/K/A PATRICIA A. HERD Defendant(s). No. 04-948 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 4/29/04 to SEPTEMBER 8, 2004 (per diem -$13.87) TOTAL $84,381.92 $1,844.71 and Costs $86,226.63 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 - 1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN ~fac! of lae, d ~il~ the improvem~u~s thereon el,ecuM, sim~c i~ ~c I;o~ Ward of the Bough of Carlisle, Cumbc~'la~d Col.,m/. Pcm~'lv~ia, bombed a~d ~escr~bed as follows: ON IteC Norlh by West Louthcr Street: oa thc East by la~ now or fore,fly of Milton Bertour~ on Iig So,lib by afl llliey 12 feet wbte and on (1~ West by land now or formcrly of F__arl Shrawdet; cOniaining 7 feet iii f:ro~t a_ed exterlding 107 fcct 9 inches in depth at e¥cn width; and tein~ tmptoved wi~ tile ~asterlt half of a dooblC two-siory dwelltog house knowri as No. 592 Wc~I Loulher Street. TITI.E TO SMD PREMISES I$ VESTED IN Patricia Apontc by Deed fi'om David L. Stewa~L a single man, dated 1/30/200! a~ recorded 2/15/~i in Deed Book 239, Page 582. Tax P',u'cel ~}5-20-1796~218 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-948 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE MANHATTAN MORTGAGE, Plaintiff (s) From PATR1CIA APONTE MI(dA PATRIC1A YANOVICH A/K/A PATRICIA A. HERD (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 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 hirr~er that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $84,381.92 L.L. $,50 Interest FROM 4129/04 TO 9/8/04 (PER DIEM - $13.87) -- $1,844.71 AND COSTS Atty's Corem % Due Prothy $1.00 Atty Paid $177.45 Other Costs Plaintiff Paid Date: MAY 3, 2004 (Seal) CURTIS R. LONG Prothonotary Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, PATRICIA APONTE A/K/A PATRICIA YANOVICH A/K/A PATRIC1A A. HERD Defendant(s), CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-948 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, 592 WEST LOUTHER STREET, CARLISLE, PA 17013. l. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PATRIC1A APONTE A/K/A PATRICIA YANOVICH A/K/A PATRICIA A. HERD 33 BRINKER STREET LATROBE, PA 15650 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: Sallie None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 592 WEST LOUTHER STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 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. April 28, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, PATRICIA APONTE A/K/A PATRICIA YANOVICH A/KJA PATRICIA A. HERD Defendant(s). TO: PATRICIA APONTE A/K/A PATRICIA YANOVICH A/K/A PATRICIA A. HERD 33 BR1NKER STREET LATROBE, PA 15650 CUMBERLAND COUNTY No. 04-948 CIVIL TERM April28,2004 **THIS FIRM' IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIPOJED, THIS IS NOTv~ND SHOULD NOT BE CONSTRUED TO BE AN.4 TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ,4 LIEN AGAINST PROPERTY ** Your house (real estate) at, 592 WEST LOUTHER STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $84,381.92 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 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, ifthejudgment 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 thc Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You 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 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 LA~VYER 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 CEI~.TAIN tract of I~ wi~h IJhv improvemen~ thereon esected, situate in ~¢ Fourth W~rd of the Borough of Carlisle. Cumberland Cotmty, Pennsylwa~ia, boaad~ and descr~o~d as follows: ON ~hc North by Wesl Louthcr S~rcet; on the Easl by lalxl now or formerly of MiRon Bc~nur; on the So,th by an ~tl, ey 12 f~er wide arid on ~he West by lar~l now or formerly of Earl ~ra'.~ler; c,~taitfing 7 feet in from ~ extending 107 fcct 9 lnc, he~ in d~pth at even width; ami being improve, d with thc Eastern half of a dotlbt¢ two-story dwclliog house known as No 592 We~ Lot,'th~ Street. TITI.I: TO SAID PREMIS~S I$ VESTED IN Patricia Aponte by Deed from David L. Stewart, a single mart, dated 1/30t2001 ap, d o~cecded 2115/200l in Deed Book 239, Page §82. Tax Pared g05-20-1796-218 PL ~,qNTIFF AFFIDAVIT OF SERVICE CHASE MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY PJT No. 04-948 CIVIL TERM DEFENDANT(S) PATRICIA APONTE A/K/A PATRICIA YANOVICH A/IOA PATRICIA A. HERD SERVE PATRICIA APONTE A/K/A PATRICIA YANOVICH AJK/A PATRICIA A. HERD AT 33 BRINKER STREET LATROBE, PA 15650 ACCT. #1581495091 'Type of Action - Notice of Sheriff's Sale ',Sale Date: SEPTEMBER 8, 2004 Served and made lmown to at ~'/~{? o'clockJ~m., at .~..~ SERVED /g/~/d J'~ , Defendant, on the ~.0 ,.~- dayof ~1~ , 200~,/ ~T'~I f~ /,.~'g,.~"O , Commonwealth of Pennsylvania, in the manner described below: ~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 relationship. 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. an officer of said Defendant(s)'s company. ___Other: Description: Age 't'fft.~-- .eight,.~/7 tt Weight/~0 Race.Sex ~" Other a true and correct copy of the N~o the address indicated above. ~ , a competent adult, being duly sworn accord!ng to taw, depose and state that I personally handed ~e manner as set forth hekein, issued in the captioned case on the date and at ,/$tJall~ D. ~er, Or.,~ Public I . ;~,~'"~~.31,~ / CE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200 , at o'clock __.m., Defendant NOT FOUND because: __ Moved __ Unknown No Answer Vacant 1st Attempt: / / Time: : Attempt:. / / Time: : 3rd Attempt: / / 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 CHASE MANHATTAN MORTGAGE ) CORPORATION VS. PATRICIA APONTE A/K/A PATRICIA YANOVICH A/K/A PATRICIA A. HERD CIVIL ACTION CIVIL DIVISION NO. 04-948 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for CHASE MANHATTAN MORTGAGE CORPORATION hereby verify that on May l0T 2004 tree 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: August 12, 2004 FRANK FEDERIVlAN, ESQUIRE Attorney for Plaintiff o~,-~ 00.90° A¥I0 DE !91:33 COMMONWEALTH OF PENNSYLVANIA -~ COUNTY OF CUMBERLAND j' SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Fannie Mae is the grantee the same having been sold to said grantee on the 8th day of Sept A.D., 2004, under and by virtue of a writ Execution issued on the 3rd day of May, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 948, at the suit of Chase Manhattan Mtg Corp against Patricia Aponte aka Patricia Yanovich aka Patricia A Herd is duly recorded in SheriWs Deed Book No. 265, Page 2622. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this //2~ day of ~ , A.D2004 Recorder of Deeds Chase Manhattan Mortgage Corporation VS Patricia Aponte aJkJa Patricia Yanovich aJk/a Patricia A. Herd In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-948 Civil Term R. Thomas Kline, Sheriff} who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Patricia Aponte aJk/a Patricia Yanovich a/k/a Patricia A. Herd, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Westmoreland County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. Westmoreland County Return: Now, June 25, 2004 at 11:35 o'clock A.M., served the within Real Estate Writ, Notice and Description upon Patricia Aponte at 33 Brinker Street, Latrobe, PA by handing to Patricia Aponte a copy of the original and made known to her the contents thereof. So answers: Chris Scherer, SheriffofWestmoreland County, Pennsylvania. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on July 13, 2004 at 11:43 o'clock A.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 Patricia Aponte aJk/a Patricia Yanovich a/k/a Patricia A. Herd located 592 West Lonther Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to the within named defendant, to wit: Patricia Aponte aJk/a Patficia Yanovich aJk/a Patricia A. Herd, by regular mail to her last known address of 33 Brinker Street, Latrobe, PA 15650. This letter was mailed under the date of July 13, 2004 and never returned to the Sheriffs 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 September 08, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank F ederman for Fannie Mae. It being the highest bid and best price received for the same, Fannie Mae of 1900 market Street, Suite 800, Philadelphia, PA 19103 being the buyers in this execution, paid to Sheriff R. Thomas Kline the stun of $699.03. Sheriffs Costs: Docketing $30.00 Poundage 13.71 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 3.70 Levy 15.00 Surcharge 20.00 Out of County 9.00 Westmoreland County 41.50 Law Journal 186.35 Patriot News 213.28 Share of Bills 30.49 Distribution of Proceeds 25.00 SheriWs Deed 40.00 $ 699.53 Sworn and subscribed to before me So Answers: This /[ ~dayof ~j~t.~lr~.69~_~ 2004, A.D.~_.~t~e__ (Q ~g~_,, ~-'-"~ R. Thomas Kline, Sheriff ~ Prothonotary BY JOd~C/~b~3 Real Estate.~Deputy c~ ~ 7'toq CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, PATRICIA APONTE A/FdA PATRICIA YANOV1CH A/KJA PATRICIA A. HERD Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CI¥1L DIVISION NO. 04-948 CI;qL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 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, 592 WEST LOUTHER STREET, 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) PATRICIA APONTE A/FdA PATRICIA YANOVICH A/FdA PATRICIA A. HERD 33 BRINKER STREET LATROBE, PA 15650 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None Name and address of last recorded holder, of every mortgage of record: Name Nofle Last Known Address (if address catmot be reasonably ascertained, please indicate) 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. Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 592 WEST LOUTHER STREET CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Apri[g8~ 2OO4 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, PATRICIA APONTE A/K/A PATRICIA YANOVICH A/K/A PATRICIA A. HERD Defendant(s). TO: PATR1CIA APONTE AJK/A PATRICIA YANOVICH A/K/A PATR/CIA A. HERD 33 BR/NKER STREET LATROBE, PA 15650 CUMBERLAND COUNTY No. 04-948 CIVIL TERM April 28, 2004 **THIS FIRM [SA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR TH~IT PURPOSE. IF YOU H/i VE PREVIOUSLY RECEI!/ED 7i DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOTREAFFIRMED, THIS IS NOTAND SHOULD NOTBE CONSTRUED TO BE /iN /i TTEMP T TO COLLECT /I DEB T, BUT ONLY ENFORCEMENT OF.4 LIEN,~ GAINS T PROPER TE ** Your house (real estate) at, 592 WEST LOUTHER STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $84,381.92 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 attome3~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 ItAVE 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 the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days 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) 990-910S ALL T~.4AT CERTAIN ttac~ of .ha~l w~e ~rovemenrs thereon etecuxl, situate i~ the Fourth Ward of the Bo~ngh of Cariisk', Combetland Coo,qty. PennsylvaI~ia, boumled nod de~ribed as follows: ON thc North by West Loud,er $~rcet; on the East by land now or for~rly of Milan ~g~; on the S~ah by an alley 12 f~ wi& ~ on ~he We~ by land now or form~ly of ~t ~l~r; c~la~ 7 f~ ~ ~ont a~ e~dt~ 107 f~ 9 t~ in ~ at even widlh; ~ ~i~ Im~ovt~ with t~ ~rn ~lf ofa doub~ tw~sm~ ~cllthg h~ ~o~ ~ No. 5~ W~: ~u~ Street. Tlll.E TO SAID PREt~tlSES I$ VF, S'I'I~O IN Patricia Apom¢ by Deed from David L. StewarL a single man, dated 1/~0~001 and t~orded 2/15/2001 Jo Deed ~k 239, Page' Tax Parv*d ~05-20-1796~218 SVRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) ' NO 04-948 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE MANHATTAN MORTGAGE, Plaintiff (s) From PATRICIA APONTE A/K/A PATR1CIA YANOVICH A/K/A PATRICIA A. HERD (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 fbllows: and to notify the garnishee(s) that: (a) an attacbanent has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that be/she has been added as a garnishee and is enjoined as above stated. Amount Due $84,381.92 L.L. $.50 Interest FROM 4/29/04 TO 9/8/04 (PER DIEM - $13.87) -- $1,844.71 AND COSTS Atty's Corem % Due Prothy $I.00 Arty Paid $177.45 Other Costs Plaintiff Paid Date: MAY 3, 2004 (Seal) CURTIS R. LONG Prothonotary REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Deputy Real Estate Sale #04 On May 12, 2004 the sherifflevied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 592 West Louther Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 12, 2004 t~eal Estate~Oeputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. $$7, Approved May 16, 1929 Commonwealth of Pennsylvania, Cotmty of Danphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Danphin, State of Pennsylvania, owner and publisher of Thc Patriot- News and The Sunday Pa~iot-Ncws 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 thc 27th day(s) of July and the 3rd and 10th day(s) of August 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 be 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 &directors &the said Company and subsequanfly duly recorded in thc office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#4 expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publis~g ~e notice or publication a~ched hereto on ~e above stated ~tes 213.2 8 Publisher's Receipt for Adve~ising Cost of~e Pamot-News ~d ~e S~y Pamot-News, newspap~s of general receipt of~c aforesaid notice ~d publicafiun costs and ce~fies ~t ~e sa~ Mvc .................................................................... 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 Journal on the following dates, viz: JULY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. ~ ~TATB; aAL~ NO, 4 Writ No. 2004-948 Civil Chase Mai~hattan Mortgage Corporation VS. Patrlcia Aponte a/k/a Patricia Yanovich a/k/a Patricia A. Herd Atty.: Frank Fedarman ALL THAT CERTA/N tract of land with the Improvements thereon erected, situate in the Fourth Ward of tile Borough of Carlisle, Cumber- land County, Pennsylvania, bound- ed and described as follows: ON the North by West Louther Street; on the East by land now or formerly of Milton Bertnur; on the South by an alley 12 feet wide and on the West by land now or formerly of Earl Shrawder; containing 7 feet lr~ frnnt and ~'~'~ertd~ 107 feet 9 8wO~C'TO AND SUBSCRIBED before me this 30 day of JULY 2004 LOIS E. SNYOER, Notary Public Carlisle Bom, Cumberland County My Commission Expires March 5, 2005