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HomeMy WebLinkAbout04-1004FEDERMAN 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 WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, AS TRUSTEE, WITHOUT RECOURSE 6501 IRVINE CENTER DRiVE IRVINE, CA 92618 Plaintiff COURT OF COMMON PLEAS CiVIL DiVISION TERM No. CUMBERLAND COUNTY ANGEL R. NIEVES A/K/A ANGEL R. NIEVES, JR. CHRISTINA L. NIEVES 822 HUMMEL AVENUE LEMOYNE, PA 17043 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 attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 #: 88810 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 #: 88810 Plaintiff is WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, AS TRUSTEE, WITHOUT RECOURSE 6501 IRVINE CENTER DRIVE IRVINE, CA 92618 The name(s) and last known address(es) of the Defendant(s) are: ANGEL R. NIEVES A/K/A ANGEL R. NIEVES, JR. CHRISTINA L. NIEVES 822 HUMMEL AVENUE LEMOYNE, PA 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/21/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CONSUMER MORTGAGE SERVICES, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1744, Page 432. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in &fault because monthly payments of principal and interest upon said mortgage due 08/01/2003 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 #: 88810 The following amounts are due on the mortgage: Principal Balance Interest 07/01/2003 through 03/04/2004 (Per Diem $21.04) Attorney's Fees Cumulative Late Charges 12/21/2001 to 03/04/2004 Cost of Suit and Title Search Subtotal $70,468.82 5,217.92 1,250.00 366.93 $ 55O.00 $ 77,853.67 Escrow Credit 8.24 Deficit 0.00 Subtotal _$~ 8.24 TOTAL $ 77,845.43 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event ora third party purchaser at Sheriffs 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 terrmnated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 77,845.43, together with interest from 03/04/2004 at the rate of $21.04 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: FEDERM, A~ AND PHE,LAN,-.LLP , t t FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALL/NAN, ESQUIRE Attorneys for Plaintiff File#: 88810 ALL TI-~.T CEI~TAIN lot of land sil~_,~te ia time Borough of Lemoyru~, County of Cumhe~and, and State o£ pennsylvania, more partlcula~ly hounded and de~n"oed ~$ follows. Wit: BEGIICNNIG at a poin! on thc southern line of Hummel Avenue at a distance td' 180.00 feet measured in a westerly direction fl~om d~ southwest comer of H-mmcl Avenue and Figh~h Street, fom~q_y Blackl:~ Alley, thence in a southerly direct/on alon~ ~he line of lands of W.S. Mclntyre, 150.00 feet to a pt,iht on tho n~ line of Peach Alley 17.5 ~et, mote or less, to a point on .m.i~_o. through ~ite ~nter of the pa~tit/on wall of a double brick house ercoted on ~he lot h~ dezcribed and the lot adjo/nil~g on the ~ thence/n a nort.herly dLr~ct/on along the l~t mont/oned line 150.00 feet to a po/hr on the ~ I/ne o£H.,.~,-,el Avenne; them~ in an east~ly d/motion along the southern llne. of Hummel Avenue; thence in an eazterly direction along eth sou~aem 1/ne of!~lnmmel Aveaua ! 7.5 feet. more or lea~ to a po/hr, th= place PRI!2,1ISES BEING: 822 ~ AVENUE VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiffis outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff SHERIFF'S RETURN CASE NO: 2004-01004 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA VS NIEVES ANGEL R AKA ANGEL R NIE - REGULAR GERALD WORTHINGTON Cumberland County, Pennsylvania, who being duly says, the within COMPLAINT - MORT FORE was NIEVES ANGEL R AKA ANGEL R NIEVES JR DEFENDANT , at 1714:00 HOURS, on the at 822 HUMMEL AVENUE LEMOYNE, PA 17043 CHRISTINA NIEVES, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE , Sheriff or Deputy Sheriff of sworn according to law, served upon the 9th day of March by handing to 2004 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18o00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this /~ day of ~ ~0~ A.D. tonotary' So Answers: R. Thomas Kline 03/10/2004 FEDERMAN & PHELAN Deputy Shq~ff SHERIFF'S RETURN - REGULAR CASE NO: 2004-01004 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA VS NIEVES ~NGEL R AKA ANGEL R NIE GERALD WORTHINGTON Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE NIEVES CHRISTINA L DEFENDANT , at 1714:00 HOURS, at 822 HUMMEL AVENUE LEMOYNE, PA 17043 CHRISTINA NIEVES a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 9th day of March 2004 by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10,00 .00 16.00 Sworn and Subscribed to before me this /,.~-~ day of ~7~rothonotary ~ So Answers: R. Thomas Kline 03/10/2004 FEDERMAN & PHELAN 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 t215) 563-7000 WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION AS TRUSTEE, WITHOUT RECOURSE 6501 IRVINE CENTER DRIVE IRVINE, CA 92618 Plaintiff, ANGEL R. NIEVES A/K/A ANGEL R. NIEVES, JR. CHRISTINA L. NIEVES Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 04-1004 CIVIL 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 ANGEL IL NIEVES A/K/A ANGEL IL NIEVES, JR. and CHRISTINA L. NIEVES, 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 Plaintiff's damages as follows: As set forth in Complaint Interest from 3/5/04-4/15/04 TOTAL $77,845.43 $883.68 $78,729.11 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shoxvn 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 INDICATF...D. . /3 DATE: '~a..{,L l[~, ~ PRO PROTHY ~ J 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 (?15) 563-7000__ WELLS FARGO MINNESOTA, NATIONAL ASSOCIATION, AS TRUSTEE, WITHOUT RECOURSE Plaintiff ANGEL R. NIEVES A/FdA ANGEL R. NIEVES, JR. CHRISTINA L. NIEVES Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 04-1004 CIVILTERM TO: ANGEL R. NIEVES A/K/A ANGEL R. NIEVES, JR. 822 HUMMEL AVENUE LEMOYNE, PA 17043 DATE OF NOTICE: MARCH 30, 2004 FILE COPY, THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN A'VFEMPT 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. IMPORTANTNOTICE 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, ESQUI1LE FRANCIS S. HALL1NAN, ESQUIRE Attorneys for Plaintiff 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 (?15) 563-7000 WELLS FARGO MINNESOTA, NATIONAL ASSOCIATION, AS TRUSTEE, WITHOUT RECOURSE Plaintiff VS. ANGEL R. NIEVES A/K/A ANGEL R. NIEVES, JR. CHRISTINA L. NIEVES Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 04-1004 CIVIL TERM TO: CHRISTINA L. NIEVES 822 HUMMEL AVENUE LEMOYNE, PA 17043 DATE OF NOTICE: MARCH 30, 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 ! 7013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2004-01004 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA VS NIEVES ANGEL R AKA ANGEL R NIE GER3~LD WORTHINGTON , Cun~berland County, Pennsylvania, says, the within COMPLAINT - MORT FORE NIEVES ANGEL R AKA ANGEL R NIEVES JR DEFENDANT at 1714:00 HOURS, on the at 822 HUMMEL AVENUE LEMOYNE, PA 17043 CHRISTINA NIEVES, a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon 9th day of March by handing to ADULT IN CHARGE the , 2004 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline 03/10/2004 FEDERMA_N & PHELAN Deputy Shq~ f f SHERIFF'S RETURN - REGULAR CASE NO: 2004-01004 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK MINNESOTA VS NIEVES ANGEL R AKA ANGEL R NIE GERALD WORTHINGTON , Sheriff Cumberland County, Pennsylvania, who being says, the within COMPLAINT - MORT FORE NIEVES CHRISTINA L DEFENDANT , at 1714:00 HOURS, at 822 HUMMEL AVENUE LEMOYNE, PA 17043 CHRISTINA NIEVES a true and attested copy of COMPLAINT or Deputy Sheriff of duly sworn according to law, the was served upon on the 9th day of March 2004 by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 . ~?~?~' Service O0 ~ ~,~ Affidavit .00 ~ Surcharge 10.00 R. Thomas Kline .00 16,00 03/10/2004 FEDERMAN & PHELJ~N Sworn and Subscribed to before me this day of A.D. Prothonotary Deputy Sher~ 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 WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION AS TRUSTEE, WITHOUT RECOURSE 6501 IRVINE CENTER DRIVE Plaintiff, ANGEL R. NIEVES A/FdA ANGEL R. NIEVES, JR. CHRISTINA L. NIEVES Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-1004 CIVIL VERIFICATION OF NON-MILITARY SERVlCE FRANK FEDERMAN, ESQU1RE, 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 ANGEL R. NIEVES A/FdA ANGEL R. NIEVES, JR. is over 18 years of age and resides at, 822 HUMMEL AVENUE, LEMOYNE, PA 17043. (c) that defendant CHRISTINA L. NIEVES is over 18 years of age, and resides at, 822 HUMMEL AVENUE, LEMOYNE, PA 17043. 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 Request for Military Status Page l of 1 Department of Defense Manpower Data Center APR-15-2004 10:31:41 Military Status Report Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940 N~iLE~tESName IFirst [Middle [Begin Date [Active DutyStatus [Service/Agency Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. Kenneth C. Scheflen, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please send an e-mail to sscra.helpdesk~sd,l~at~gon.mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https://www.dmdc.osd.mil/udpdri/owaJsscra.prc_Select 4/15/2004 Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center APR- 15-2004 10:3l:59 Military Status Report Pursuant to the Soldiers and Smlors Civil Relief Act of 1940 NIEVES Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. Kenneth C. Scheflen, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please send an e-mail to sscra.heipdesk~0~on.mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https://www.dmdc.osd.mil/udpdri/owa/sscra.prc_S elect 4/15/2004 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION AS TRUSTEE, WITHOUT RECOURSE Plaintiff, ANGEL R. NIEVES A/K/A ANGEL R. NIEVES, JR. CHRISTINA L. NIEVES No. 04-1004 CIVIL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 4/16/04-9/8/04 (per diem -$12.94) TOTAL $78,729.11 $1,889.24and Costs $80,618.35 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN lot of land situate in the Borough of Lemoy~, Coumy of Curaberland, and Stale of P~nnsylvania, n~ parlicularly bouaded and described as Follows, lo wit: BEGINNING at a point on thc aoutl~em line of Hummel Avenue at a distanc.¢ of 180.00 feet measured in a westerly dirccaion from the soulhwest ~tn~r of Hanunel Avenue and Eighth Street, formerly Bl~kberry Alley; the~e ill a southerly direction alor:g Se line of lands of W.$. McLatyre, 1~'30~00 to a poirlt on {he n~,'thern line of Peach Alley 17.5 ft~e'l, more Or le~, to a ~in{ on line nmni~g ~hrough ale cenlter of the ~tton wall of a double brick ho~se erected ~ the lot herein described and the acljoilting on the west; thence in a northerly' direction along ~c la~ wamtioned t~ 150.00 f~ to a on the $o~.hern line of Hummel Avenue; thcnc.~ in an easterly direction alo~ ~ soathcm line of Hummel Avenue; the~g:~ in. au eas~rly direction along the somhern line ol'Humm¢l Avcnne 17.5 feet. more or less, to a point, the place of ~gicming. HAVING THERFZ)N ~ECTED a dwelling known and numbered as 822 tlun~,~l Avem:e, Lemoy*~e, Pelltmy 1 va.D. ia. TITLE TO SAID PREb{ISE.$ IS V~D IN Atlg~ R. Nieve$, 1~' and Cltri.~tira~ L. Nieves, his wife by De~ from Brim~ Carey attd ~ri Brow~, n/btm as Loft Caley, iris wife dated t2/21~2001 and recorded 12~8/200! in Record Book 249 Page 3894~ Tax Parcel #12-22-0924-~6 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-1004 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION AS TRUSTEE, WITHOUT RECOURSE, Plaintiff (s) From ANGEL R. NIEVES A/FdA ANGEL R. NIEVES, JR. AND CHRISTINA L. NIEVES (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 him/her that he/she has been added as a garnishee and is enjoined as above stated. AmountDue $78,729.11 L.L. $.50 Interest FROM 4/16/04 - 9/8/04 (PER DIEM - $12.94) -- $1,889.24 AND COSTS Atty's Conma % Due Prothy $1.00 Atty Paid $137.04 Other Costs Plaintiff Paid Date: APRIL 16, 2004 (Seal) CURTIS R. LONG Prothono~j~f By: ~ ~,.-~ m 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 Depnty 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 ATTORNEY FOR PLAINTIFF WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION AS TRUSTEE, WITHOUT RECOURSE Plaintiff, ANGEL R. NIEVES A/K/A ANGEL R. NIEVES, JR. CHRISTINA L. NIEVES Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-1004 CIVIL 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 unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION AS TRUSTEE, WITHOUT RECOURSE Plaintiff, ANGEL R. NIEVES A/K/A ANGEL R. N1EVES, JR. CHRISTINA L. NIEVES Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-1004 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION AS TRUSTEE, WITHOUT RECOURSE. Plainti£fin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as o£the date the Praecipe for the Writ o£Execution was filed the following information concerning the real property located at~ 822 HUMMEL AVENUE, LEMOYNE, PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ANGEL R. NIEVES A/K/A ANGEL R. NIEVES, JR. CHRISTINA L. NIEVES 822 HUMMEL AVENUE LEMOYNE, PA 17043 $22 HUMMEL AVENUE LEMOYNE, PA 17043 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) Natal "U~e and address °£1ast reCOrded holder ° f eve~, ~-~ ~O~gage of record.' ~ ~e Last~ ~ every o~ . merpe~on .~ Na~ Last ~ ~ on t~ ~ ~ be affe~s Of eve ' (if -- ' ' ~e Cte~ by .'fY Other. ~ ~oe Sale. ~erso~ ~. ' Please ia~ot be · ,o ~as ~y "~Cate) ~o~e record ~bterest 7 ~ La . t~ep~ tff ' ~e .~ . st ~o °~e~ .e ~ron~.~a a4~ reaso~, WO 44d~ ~ ~d ~b~ ~ ~'tY ~hich ~s of ever,. ~o,~ asc~.~ss (if aa. =~e ~ ~ oe afro Vrpers~ ' Pleao . o c~,. · Cte4 by. on ofw~ oe malta ~' oe ,_ ~Oe Sale: .o~ tbe p1 . re) e~a~O a~otiff h eeo~°~t La ~ ~°Wle%e st ~estie ~ . reasooab~ AdZes as ao~ ~bte~ elatio.. Y aster_, s (if aa~ ~est ~b "rlisle, PAa~ffVer Str~ ~ /013 · vet ' ~04 ~,' ~der~, '"davit ~ ' ~ating to '~ that are t~e ~ ~S~o~ ~ ~lse st ~d co~ ~alsi~o~,.ate~en,~ ?t to th~ - ~ -"t~on to ~.,a Oerein "~ Oest of ~ ~ °tboriti~ are ~ad~ ~ypers~ . ~ ~ . '~s. ~ S~bject tm, al 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: ~ame 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. Nalile Last Known Address (if address cannot be reasonably ascertained, please indicate) Noue 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: Nallle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 822 HUMMEL AVENUE LEMOYNE, PA 17043 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. April 15, 2004 DATE Attorney for Plaintiff WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION AS TRUSTEE, WITHOUT RECOURSE Plaintiff, ANGEL R. NIEVES A/K/A ANGEL R. NIEVES, JR. CHRISTINA L. NIEVES Defendant(s). TO: ANGEL R. NIEVES A/K/A ANGEL R. NIEVES, JR. 822 HUMMEL AVENUE LEMOYNE, PA 17043 CUMBERLAND COUNTY No. 04-1004 CIVIL April 15, 2004 CHRISTINA L. NIEVES 822 HUMMEL AVENUE LEMOYNE, PA 17043 **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 BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, B UT ONLY ENFORCEMENT OF A LIEN AGAINST PROPER TI5 * * Your house (real estate) at, 822 HUMMEL AVENUE, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cumberland Cotmty Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $78,729.11 obtained by WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION AS TRUSTEE, W1THOUT RECOURSE (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 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 Sheriff within 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 ALI. THAT CERTAIN lot of laird situate in the BOmugll of L~noyue, County of Cure.land, anti Stale of Perm~ylvania. more particularly lxmtlded ami dcscrit~ aa follows, Io wit: BIT-GIINNING at a poinl on the sou~ lira of H~I Aveme at a d~t~ce of 1~.~ feet metsur~ in a w~ly ~ ~ the ~thw~t ~mer of Hu~el Av~ue ~ E~Mh S~t. fo~rly Bl~y Al~y; ~ a ~im ~ Ihe fl~ ~ of the ~n wall of a d~ble bd~k ~e erect~ ~ fl~ lot he~ de~n~ a~ ~ lot ~joi~ o~ ~e w~ theme in a n~rly di~on ~on$ ~e ~ ~o~ t~ ;30.~ f~ ~ a ~i~ ~ Ee ~ 1~ of Hu~J Arena; lhe~e in ~ ~terly di~on alo~ &e soue<rn 1~ of H~I A venue: ~ in ~ ~¢rly fllr<tion ab~ the ~fl:em F~ of H~el A ve~e 17,5 ~eet, more. Or less, ~o a HAVING THER~N I~E~D a dwellit~g Imown and humbled as 822 HununeI Aveime, Le~oytie, Pelma? vania. TITLE TO SAID PREMISES IS V~"TED IN Ange! R. Nieves, JL ami Christina L. Nieves. )ds wife by ~ from ~ Care)' alld Loft Brown, i~tb,~m as Lori Cate),, his wife dat~ 12i21/2001 and recorded 12128/2~! in Record Book 249 Page 3894, Tax P'arc~l # t 2.22 0824-2'06 PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION AS TRUSTEE, WITHOUT RECOURSE ANGEL lA NIEVES A/K/A ANGEL R. NIEVES, JR. CHRISTINA L. NIEVES CUMBERLAND COUNTY No. 04-1004 CIVIL ACCT. #0005538871 Type of Action - Notice of Sheriff's Sale PJT SERVE CHRISTINA L. NIEVES AT 822 HUMMEL AVENUE LEMOYNE, PA 17043 Sale Date: SEPTEMBER 8, 2004 SERVED Served and made known to Christina L. Nieves ,Defendant, onthe ,200_4, at8:30 ., o'clock P.m., at 822 Hummel Avenue, Lemoyne, 27th day of APRIL PA 17043 , Commonwealth of Pennsylvania, in the manner described below: X __ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendm~t(s)'s resideoce who refused to give name or retationship. 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 3 0 ' S Height 5 ' 7" Weight 1 5 0 Race W ;Sex F Other I, Chad L. Spotts , a competent adult, being duly sworn according to law, depose and state that [ personally handed a tree and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date ~ffd'~t the add~o~!~l~%ted Weedy M. Livingston, Notary Public Sw d ~ 'hod , Susquehanna Twp, Dauphin County om to an_ _ubscn ..... ' . .... ~-)2'. ~v Comrmsslon Expires Oct 24, 2005 I of ~ ,20(~_ ~// '~mnsy,vaniaAssoc~.~ ATTEMPTED. NOTSERVED On the day of ,200__, at __ o'clock __.m., Defendant NOT FOUND because: __ Moved __ Unknown__ NoAnswer Vacant 1st Attempt: / / Time: Attempt:.. / / Time: 3rd Attempt: / / Sworn to and subscribed before me this __ day of .200 _. Notary: Time: : By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 AFFIDAVIT OF SERVICE PLAINTIFF WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION AS TRUSTEE, WITHOUT RECOURSE DEFENDANT(S) ANGEL R. NIEVES AfFJA ANGEL R. NIEVES, JR. CHRISTINA L. NIEVES SERVE ANGEL R. NIEVES A/FdA ANGEL R. NIEVES, JR. AT 822 HUMMEL AVENUE LEMOYNE, PA 17043 CUMBERLAND COUNTY PJT No. 04-1004 CIVIL ACCT. #0005538871 Type of Action -Notice of Sheriff's Sale Sale Date: SEPTEMBER 8, 2004 SERVED Served and made known to Anqel R Nieves ,Defendant, onthe 29th dayof April ,2004_, 2:07 ,o'clock [~m.,at Cumberland County Prison, 1110 Claremont Rd., ,Commonwealth at __ Carlisle, PA 17013 of Pennsylvania, in the manner described below: X Defendant personally served. --Adult family member with whom Defendant(s) reside(s). Relationship is --Adult in charge of Defendant(s)'s residence ~vho 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. Description: Age 30'S Height 5'1" Weight 130 Race_W ~' M Other I, Chad L. Spott;s , 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 SherifC s Sale as set forth herein, issued in the captioned case on the date and at the address N~.~.al Seal . Wendy M L~.,,gston. Notary Pubhc Susquehann. !wp., .Daup..hi? ~C.o~nr~15 of ~:7: ¢;vania AssoctatiBy: 7~/~ MPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200__, at Moved Unknown __ No Answer Ist Attempt: / / Time: : o'clock __.m., Defendant NOT FOUND because: Vacant 2"a 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 WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION AS TRUSTEE, WITHOUT RECOURSE VS. ANGEL R. NIEVES A/K/A NAGEL R. NIEVES, JR. CHRISTINA L. NIEVES CIVIL ACTION ) CIVIL DIVISION ) NO. 04-'1004 CIVIL .AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attomey for _WELLS FARGO BANK _MINNESOTA~ NATIONAL ASSOCIATION AS TRUSTEE~ WITHOUI' RECOURSE hereby verify that on ~ true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE:~ DERMAN, ESQUIRE Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 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 DAH Limited Liability co 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 16th day of April, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 1004, at the suit of Wells Fargo Bank Minnesota N A Tr against Angel R Nieves aka Angel R Jr & Christina L is duly recorded in Sheriff's Deed Book No. 265, .Page 4021. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /~ day of , A.D2004 Wells Fargo Bank Minnesota, National Association as trustee, without recourse VS Angel R. Nieves a/k/a Angel R. Nieves, Jr. And Christina L. Nieves In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-1004 Civil Term Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on July 14, 2004 at 9:20 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: angel R. Nieves aJk/a Angel R. Nieves, Jr., by making known unto Angel Nieves, personally, at The Cumberland County Prison, 1101 Claremont Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and con'ect copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on July 14, 2004 at 8:33 o'clock PM, she served a true., copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Christina L. Nieves, by making known unto Jacob Baldwin, adult in charge, at 822 Hummel Ave., Lemoyne, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on July 14, 2004 at 8:33 o'clock P.M., she posted a tree copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Angel R. Nieves a/k/a Angel R. Nieves, Jr. and Christina L. Nieves located at 822 Hummel Ave., Lemoyne, 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 Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Angel R. Nieves aJkJa Angel R. Nieves Jr., by regular mail to his last known address of The Cumberland County Prison, 1101 Claremont Road, Carlisle, PA 17013. This letter was mailed under the date of July 16, 2004 and never returned to the Sheriff's Office. 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 Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Christina L. Nieves, by regular mail to her last known address of 822 Hummel Ave., Lemoyne, PA 17043. This letter was mailed under the date of July 16, 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 8, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $65,401.00 to Daniel Hacker for DAH Limited Liability Company. It being the highest bid and best price received for the same, DAH Limited Liability Company of 185 Goodyear Road, Carlisle, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of $68,602.22. SCHEDULE OF DISTRIBUTION SALE NO. 15 Date Filed: October 08, 2004 Writ No. 2004-1004 Civil Term Wells Fargo Bank Minnesota, National Association as Trustee, without recourse VS Angel R. Nieves a/k/a Angel R. Nieves, Jr. and Christina iL. Nieves 822 hummel Avenue Lemoyne, PA 17043 Sale Date: Buyer: Bid Price: September 08, 2004 DAH Limited Liability Company $65,401.00 Real Debt: $78,729.11 Interest: 1,889.24 Attorney's Costs: 137.04 Total: $80,755.39 DISTRIBUTION: Receipts: Cash on account (05/17/04): Cash on account (09/08/04): Cash on account (09/23/04): $ 1,500.00 6,540.00 62,062.22 Total Receipts: $70,102.22 Disbursements: Sheriffs Costs Legal Search State Transfer Tax Local Transfer Tax Faith Nicola, Tax Collector Borough of Lemoyne Attorney Frank Federman Wells Fargo Bank Minnesota $ 2,116.37 200.00 846.60 846.60 1,142.25 833.73 1,500.00 62,616.67 Total Disbursements: Balance for distribution: ($70,102.22) 0.00 So Answers: R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 15 Advertised for Wednesday, September 8, 2004 Date: September 8, 2004 TAXES: Receipts for all taxes for the years 2001 to 2003 inclusive. Taxes for the current year 2004. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens anti Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2004, and recorded ,2004, in Cumberland County Deed Book , Page RECITAL: Being the same premises Brian Carey and Lori Carey, formerly Lori Brown, by deed dated December 21, 2001 and recorded December 28, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania. in Deed' Book 249, Page 3894 granted and conveyed to Angel R. Nieves, Jr. and Christian L. Niieves, his wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbeds of Hummel Avenue and Peach Street. 6. Rights in party wall forming a portion of the property line for the subject premises. 7. Mortgage in the amount of $71,920.00 given by Angel R. Nieves, Jr. and Christina L. Nieves to Consumber Mortgage Services, Inc. dated December 21, 2001 and recorded December 28, 2001 in Mortgage Book 1744 Page 432. Said mortgage was assigned to Option One Mortgage Corporation by instrument recorded August 9, 2002 in Miscellaneous Record Book 689, Page 1369. Said mortgage was further assigned to Wells Fargo Bank of Minnesota by instrument recorded April 14, 2004 in Miscellaneous Record Book 707, Page 2121. Complaint in Mortgage foreclosure filed Wells Fargo Bank Minnesota, Trustee as Plaintiff against Angel R. Nieves, also known as Angel R. Nieves, Jr., and Christina L. Nieves as Defendants in the Office of the Prothonotary of Cumberland County to file number 2004-1004. In rem judgment in the amount of $ 78,729.11 entered April 16, 2004. 8. Building conditions, easements and restrictions shown on or set forth with the final subdivision plan for Riverton recorded in Plan Book i, Page 59. 9. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 10. Real estate taxes accruing on and after January 1, 2005, not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental l~~t C_~.~.Robert G. Frey, Agent .....~ ~ Note: This Title Report shall not be valid or until countersigned by an authorized signatory. RE.i.J. ESTATE SALE NO. 15 W~'/t No. 2004-1004 Civil Well,,~ Fargo Bank Minnesota, National Associat_/on as Trustee, without recourse A~gel R. Nieves, a/k/a Angel R. Nieves, Jr. and Christ/ha L. Nieves Atty.: Frank Federrnan ALL 'EHAT CERTAIN lot of land situate ha the Borough of Lemoyne, County of Cumber/and, and State of Pennsylvania, more particularly bounded mad described as follows, to wit: BEGINNING at a point on the southern line of Hummel Avenue at a d/stance of 180.00 feet measured in a westerly direction from the southwest COmer of Hummel Av- enue and Eighth Street, formerly Blackberry Alley; thence ha a south- erly direction along the 1/ne of lands of W.S. Mclntyre, 150.00 feet to a point on the northern line of Peach Alley 17.5 feet, more or less, to a point on line running through the center of the partition wa//ofa double brick house erected on the lot hereha described and the lot adjoin_ hag on the west; thence in a north- erly direction along the last men- tioned l/ne 150.00 feet to a point on the southern ]lne of Hummel Ave- nue; thence in an easterly d/rection along the southern line of Hummel Avenue; thence ha an easterly d/rec- tion along the: southern line of Hummel Avenue 17.5 feet, more or less, to a point, the place of Begin- ning. HAVING THEREON ERECTED a dwelling, known and numbered as 822 Hummel Avenue, Lemoyne, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Angel R. Nieves, Jn and Christina L. N/eves, his wife by Deed from Brian Carey and Lori Brown, n/b/m a,,~ Lori Carey, his w-fie dated 12/21/2001 and record- ed 12/28/2001 in Record Book 249 Page 3894. Tax Parcel #12"22-0824-206. WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION AS TRUSTEE, WITHOUT RECOURSE Plaintiff, ANGEL R. NIEVES A/K/A ANGEL R. NIEVES, JR. CHRISTINA L. NIEVES Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS C[VIL DIVISION NO. 04-1004 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WELLS FARGO BANK MINNESOTA~ NATIONAL ASSOCIATION AS TRUSTEE~ WITHOUT RECOURSE, 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~ 822 HUMMEL AVENUE~ LEMOYNE~ PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ANGEL R. NIEVES A/K/A ANGEL R. NIEVES, JR. 822 HUMMEL AVENUE LEMOYNE, PA 17043 CHRISTINA L. NIEVES 822 HUMMi~;L AVENUE LEMOYNE, PA 17043 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: Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded hoider of ~yery mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: SaBle 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 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: NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 822 HUMMEL AVENUE LEMOYNE, PA 17043 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 mad correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April 15, 2004 DATE PdviAN, ESQUIRE Attorney for Plaintiff WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION AS TRUSTEE, WITHOUT RECOURSE Plaintiff, V. ANGEL R. NIEVES A/K/A ANGEL R. NIEVES, JR. CHRISTINA L. NIEVES Defendant(s). TO: ANGEL R. NIEVES A/K/A ANGEL R. NIEVES, JR. 822 HUMMEL AVENUE LEMOYNE, PA 17043 CUMBERLAND COUNTY No. 04-1004 CIVIL April 15, 2004 CHRISTINA L. NIEVES 822 HUMMEL AVENUE LEMOYNE, PA 17043 **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 PIL~VIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT 0t:'.4 LIEN AGAINST PROPERTY. ** Your house (real estate) at, 822 HUMM.EL. AVENUE, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enfi>rce the court judgment of $78~72.9.! 1. obtained b_y ~W_EL_LSFA~RGOBANKMINNESOTA, NATION_AL_ ~A_SSO~C_IAT_I0~N A~S TRUSTEE, WITHOUT RECOURSE (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 morlgagee 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: 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 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 tlhe Sheriffwithin 30 days of the sale. This s~hedule will ~tate who ~'illbe 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 lot of land situate ia' t~ Borough of L~'aoyne, Coumy of Cumb~rtaml, and State of Pennsylvania, more particularly bounded ar~ de~rlb~l aa follows, lo wit: BEGIh~NG at a point on ih~ ~outhera line of Hum~l A~u~ al a dist~ of 1~,~ fe~ ~ur~ in a w~ly ~ ~om ~e ~fnW~t ~r of Hu~n~ Av~ue ~ E~ S~. fo~y B~y ~ey; ~ ~ a ~ly dir~ a~ ~e 1~ of ~ a ~int ~ ~e ~m 1~ of ~ch AHey I7.5 ~, mo~ ~ ~ of the ~a w~l of a d~ble b~k h~e er~te~ on H~I Argue; ~ ia ~ ~rly dir~tion aio~ the ~ern more or less, to a ~, the p~cc of HAVING THEREON ERECTED a dwelling kaolin and r~dmb,aed as 822 Hummel Avenue, Lea~oyae, Pennsylvania, TITLE TO SA]DPREMISES IS VF.~TED IN Angel R. Nieve~, IL am:l christina L. Niev~. his wife by D~I from ~ Carcy a~l Lori Bo0wn, aPohn a~ Lori Carey, his wife dated 12/21/200l and recorded 12f28/2001 in Record Book 249 Page 3894. Tan Parcel #12-22~082A-206 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-1004 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO B,MNK MINNESOTA, NATIONAL ASSOCIATION AS TRUSTEE, WITHOUT RECOURSE, Plaintiff (s) From ANGEL R. NIEVES A/K/A ANGEL R. NIEVES, JR. AND CHRISTINA L. NIEVES (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 attachrnem has been issued; (lb) 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 hirrvher that he/she has been added as a garnishee and is enjoined as above stated. AmoumDue $78,729.11 L.L. $.50 Interest FROM 4/16/04 - 9/8/04 (PER DIEM - $12.94) -- $1,889.24 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $137.04 Other Costs Plaintiff Paid Date: APRIL 16, 2004 (Seal) CURTIS R. LONG 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 Real Estate Sale #15 On May 17, 2004 the sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA Known and numbered as 822 Hummel Ave., Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 17, 2004 By: ..]o '~~7 Real Estat~ Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes amd says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, Sate of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, print,ed and published at 812 to 818 Market Street, in the City, County and Sate 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 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, pla,ce and character of publication are tree; and That he has personal knowledge of the facts aforesaid and is duly au.thorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#15 Swom.~ad subscribed before me tl2LiS 23rd day of $ugust ~004 A.D. NOTARIAl. SEAL Terry L. Russell. Nol~l(c Oty of Harrisburg, Dauphin Ceud~. Commission Expires June 6. 20~T.~Y PUI~LIC M,mber, Penns¥1vaniaAa~o¢ia~p~ttF/~lsion expires June 6, 2006 CUMBERLAND CO~.'4TY SHERIFFS OFFICE CUMBERLAND COLESITY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs · ni/v.Tlt~.' ~ ~ ~ ia To THE PATRIOT-NEWS CO. ~a~l~~ For pubhshing the notice or publication attached · a~llNOat a ~ a'~ ~ ~ hereto on ~e above sated dates 270.97 ~~~~~~~. ~ Publisher's Receipt for Adve~ising Cost ~~ ~ ~ ~ m ~.~ ~ge receipt of ~e aforesaid notice and publica~on costs and celtics ~t ~e sme ~ve 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 ,lanuary 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 true, REAL ESTATE 8ALE NO. 15 Writ No. 2004-1004 Civil Wells Fargo Bank Minnesota, National Association as Trustee, without recourse VS. Angel R. Nieves, a/k/a Angel R, Nleves, Jr. and Christina L. Nieves Atty.: Frank Federman ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Hummel Avenue at a distance of 180.00 feet measured in a westerly direction from the southwest corner of Hummel Av- enue and Eighth Street, formerly SWORN TO AND SUBSCRIBED before me this 30 day of JULY 2004 LOIS E. SNYDFR, Notary Public Carlisle Bom, Cumberland County My Commission Expires March 5, 2005