Loading...
HomeMy WebLinkAbout05-1533 MARTHA E. VON ROSENST1EL, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 PO BOX 307 SECANE, PA 19018 (610) 328-2887 Attorney 10 # 52634 JP Morgan Chase Bank F/K/A Chase Manhattan Bank As Trustee C/O Residential Funding Corporation 2255 North Ontario Street #40 Burkbank, CA 91504-3120 Plaintiff vs. Michael W. Boone, mortgagor and real owner and Penny I. Boone, mortgagor 818 Torway Road Gardners, PA 17324 Defendants #16013-TM Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Case No: o5~/53J CivJ J.u..-- CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE ADVISO 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MA Y OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Le han demand ado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo aI partir de la fecha de Ia demanda y la notificacion. Hace faha a sentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea a visado que si usted no se defiende, la corte toma ra medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades 0 otros de rechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIA T AMENTE. SI NO TIENE ABOGADO VA Y A EN PERSONA 0 TELEFONA A LA OFICINA ESCRITA ABAJO . ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE COMO CONTRA TAR A UN ABOGADO. SI USTED NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A UN ABOGADO, LE PODEMOS DAR INFORMACION SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO 0 GRA TUlTO. CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249,)166 n 800-990-9108 MARTHA E. VON ROSENST1EL, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 PO BOX 307 SECANE, PA 19018 (610) 328-2887 Attorney 10 # 52634 Attorney for Plaintiff JP Morgan Chase Bank F/K/A Chase Manhattan Bank As Trustee C/O Residential Funding Corporation 2255 North Ontario Street #40 Burkbank, CA 91504-3120 Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Case No: vs. Michael W. Boone, mortgagor and real owner and Penny I. Boone, mortgagor 818 Torway Road Gardners, PA 17324 Defendants CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is JP Morgan Chase Bank f/k/a Chase Manhattan Bank As Trustee, a bank organized and existing under state law, with offices for the conduct of business c/o Residential Funding Corporation at 2255 North Ontario Street #40, Burkbank, CA 91504-3120. 2. Defendant, Michael W. Boone is the mortgagor and real owner and Penny I. Boone is the mortgagor of premises 818 Torway Road, Gardners, PA 17324, hereinafter described, whose last known address is the same as listed in the above caption. 3. Plaintiff brings this action in mortgage foreclosure against defendants, mortgagors and real owner, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendants, mortgagors and real owner to Mortgage Lenders Network USA, Inc. on July 23, 2003, which mortgage was recorded on August 1, 2003 in the Office of the Recorder of Deeds of Cumberland County in Record Book 1827, page 604 secured on premises 818 Torway Road, Gardners, PA 17324 a true and correct description of which is attached hereto as Exhibit I. 4. On July 25, 2003, the aforesaid mortgage was assigned in writing to JP Morgan Chase Bank, as trustee, the plaintiff herein, and recorded on March 1, 2004 in Cumberland County Miscellaneous Book 706. 5. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 6. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been made conformity with the terms of the mortgage, from October 1, 2004 and each month thereafter, up to and including the present time. 7. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance Interest from 09/01/04 to 03/17/05 At $20.77 per diem Accrued late charges Accrued Escrow deficit Corporate Advances Attorney's fee Title Information Certificate Photostats and Postage Notarizations $109,145.88 $ 4,112.46 $ 217.02 $ 61.03 $ 120.50 $ 5,457.25 $ 475.00 $ 50.00 $ 10.00 TOTAL $119,649.14 9. 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 Sheriff's sale, reasonable attorney's fees will be charged based on work actually performed. 10. Plaintiff sent to defendants, mortgagors and real owner a combined Notice and Warning of Intention to Foreclose and Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 advising of rights available under the statutes. To date payments have not been received and Act 91 assistance has not been granted although the applicable time periods provided by statute have expired (Exhibit II). WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged premises in the amount of $119,649.14, plus per diem interest at $20.77 from March 18, 2005 to the date of judgment plus costs thereon. / I , ! I Martha E. Von Rosenstiel Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing documents are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa e.s. Section 4904 relating to unsworn falsification to authorities. By: Edward Hirsh DESCRIPTION ALL THAT CERTAIN piece, parcel and lot ofland situate in the Township of Gregg, County of Union and Commonwealth of Pennsylvania, being identified as Lot No. I on the Plan of Valley Vista Subdivision as recorded in Union County Map Book No.3, Page 17, on the 23rd day of November, 1973, and being more particularly bounded and described as follows: BEGINNING at a stake at the point of intersection of the Western line of land now or formerly of H.P. Buss with the Northern line of Pennsylvania Route No. 44; thence along the Northern line of Pennsylvania Route No. 44, North fifty-seven (57) degrees zero (00) minutes West, one hundred fifty (150.00) feet to a stake; thence along the Eastern line of Lot No.2, North thirty- three (33) degrees zero (00) minutes East, two hundred eighty (280.00) feet to a stake in the Southern line of land now or formerly of Beck; thence along the Southern line of land now or formerly of Earl G. Beck, South forty-eight (48) degrees fifty (50) minutes East, one hundred fifty-two (152,00) feet to a stake; thence along the Western line of land now or formerly of H.P. Buss, South thirty-three (33) degrees zero (00) minutes West, two hundred fifty-five (255.00) feet to the place of beginning, WHEREON IS ERECTED a one-story ranch-type dwelling. TAX PARCEL #3-69-048-01 EXHIBIT 1: 02/03/05 16: 22 PAX 860344,5741 ,. HLN COlLECTIONS 141001 Date:: February 3, 2005 ACT 91 NOTICE TAKE ACTION TO SA VB YOUR HO:ME FROM FORECLOSURE This is an official DOlIce that the mortn2C on vour hotne is in d..m.nlt. and the '""tlerintends to foreclose. llnecific informadon about the n""Te of the default is urovidcd in the attached T'""e.. , , I The HOMEOWNIlR'S MORTGAGE ASSISTANCE PROGRAM lHEMAP) may be able to helD to save your hnTTlp., This !Notice p.TTllll1in!lil how the nmsrram WO~_ I To see ifHEMAi- can helD. vou must MEET wrrn A CONSUMER CREDIT COUNSBLlNO AGENCY WITFIiIN 30 DAYS OF TIlE DATE OF TIlTS NOTICE. Take this Notioe with YOU when vou Tn~ with the eoUnsf'!lintl AR:encv. The nom... addjs and Dhone nnmber of Cons\lIllcr Credit r.nn"...H".. Al!C:l10ies smvicinlt vour County are listed at the end oftbis Notioe rfvou have anv Questions. vou may call the Pcnnsvl"."i. H01.lSinIl Finance Al!ImCV ton frm at 1-800-342-2397. . (Persons willi lmoaired hoarin2 can call (71 7-780-1869), This Notice r.nnJin. imoortant 1""a1 infunnation. Ifvau have llI\Y au"",iNn', ~nlatives at the Consumer Cr~ r.rnm...li"lt AllCllCV may be able to help "'IP1ain it You may also want to """tact an attornc;y in vour area. The local bar association mavbe able to he!n vou find a lawver. I LA NOTIFICACII1lN EN ADJUNl'O ES DE SUMA IMPORTANCIA, PUBS AFEcrA SU DERECHO A CONIlNUAR Vl'lrmNDo EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA N011F'1CACION O:BTBNGA UNA jrRADUCClON oo..morrAMENTE lLAMANDO ESTAAGllNClA (pENNSYLVANIA HOUSING PlNANCB AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARlUBA, PtlEDES SER ELEGIBLE pAR)! UN:l'R2ST AMO PORELPROGRAMA LLAMADO "HOMEOWNER'S EMBROENCY MORTGAGE AS$ISTANCB PROGRAM" EL CUAL PUEDE SALV AR SU CASA DE l..A.PHRDIDA DEL DERECHO A REli>IMlR SUHlPOTECA NAME I I I I I I , LOAN ApcOUNT NUMBER: ORIGINf- LENDER: C~ LENDHRlSERVICER: MORTGAGE LENDERS NETWORK. USA. INC. HOMEOWNlfR'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAygE 'RT TnTRT P FOR FINANCIAL ASSISTANCE WIllCH CAN SAVE YOUR HOME FROM FbRECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS I MICHAEL W BOONE PENNY 1 BOONE P.O. BOX 235 GARDNERS PA 17324 1010027429 ,...x' .11 P ,,. '\T. t .n I ull....u.-.... ......._...1"...'.__........._...... UZ/U~/U5 16:ZZ FAX 8603445741 ,_____MLN CUL~~~!UN~ _M _', _. _. -i-" ,.-. I{{JUU.i::: I IF YOU COMPL....,. WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAOE ASSISTANCE ACT OF 1983 (THE uAcr"'), YOU MAY BE ELIGIBLE FOR EMERGENCY MbRTGA.GE ASSISTANCE: . JYOtlR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR a;}NrRDL . I . rFJYOU HAVE A REASONABLE PROSPECT OF BEJNG ABLE TO PAY YOUR MORTGAGB PAYMENTS, AND . ~YOU MEET OTHER. ELIGIBILITY REQUIllBMENTS ESTABllSHED BY THE Pl'i.NNSYLV ANIA HOUSING FlNANCEAGBNCY. ~ TEM!'ORARY STAY OF FORECLOSURE - Under the Act, you axe enJitJJ::tl to a tempOrary stay of foreclosure on yoy,. mortgage for thirty (30) da)'B from the date of this Notice. Durini that time YOIl must anange and attend. a "face-to-face" meeting with one of the consumer credit coun~l;nll apcies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHlN THE NEXT THIRTY (3m DAYS. IF , YOU DO NOT APpLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING . YOUR MORTGAGE UP TO DATE, THE PART OF THIS NOTICE CAT T 'F.O "HOW TO CURE :O=T:1:D:A::,.=:::WTOBRINGY~URMORTGAGE UPTO~ATE. ON IT OUN r. G C -If you mcetWlthone of the consumcr credit counseling agencl~ listed at the end oHms notice, the Iendcr may NOT take ICtiQn agaiDSt YOIl for thirty (30) days after thJ date oHhis meeting. The names addresses and telenhnnfl numbers of desil!Illlted COl1gnmPll' credit cbu.nselinsr: a~ies for the COlmtv in whic.b. the mtmertv is llV'.Med are set forth at the end of this Noticg: It is only pccessary to schedule one face-to-fuce meeting. Advise your lender immedla1elv ofY/;lJI inteDlions. I APpLICATION 'FOR MORTGAGE ASSISTANCE - Your mortgage is in default for tbc rCllSOJlS set forth later in this Notice (see following pages for speclfic information about the nature of )'Our defiw.ll:.) If you have tried an/I 8IC UIlable to resolve this problem with the lender, you have the right to apply for . fiIuml:ial811sistanQe from the Homeowner's Emergency Mortgage Assistllnce ProgtBID. To do 80, you must fill out, s;gd; and file a oompleted HoIllllOwne:r'S Emergency Assistance Program Application with one of the n...; gn+ted coosumer oredit coanse1ing agencies listed at the end of this Notice. Only consumer credit Counseling agencies have applications for the program and they will assist you in submitting s. CO%Jl\,\e1e application to the Pennsylvania Housing Finance Agency. Your application MUST be filed of postmarked within thirty (30) days of your face-to-face meeting. YOU M!.mI FlU!I:oUR- APPUCATION PROMPTLY. IF YOU FAlL TO DO SO OR IF YOU DO NOT FOLLOW THE CTIHER TiME PERIODS SET FORTH IN THIS LB'I'I'ER, FORECLOSURE MAY PROCEED AGAINST YOUR-HI. OMB IMMEDIATELY AND YOUR APPLICATION FOR MORTAOE ASSISTANCE WILL BEDENIED. I . bGJiNCY ACTIbN - Available funds for emergency mortgage assistance are vetY limited. ~ will be disbursed by the ~geney under the eligibility criteria established by the Act. The Pennsylvania Rousing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosb: proceedings will be pursued. against you if you have met the time requirements set forth abo~. Y 04 will be notified directly by !he PennsylVlJIlia Holl8illg Finaaoe Agency of its decision on your appliC8ti~D. . I NOTE: IF YOU ~ ctJllI\ENI'LYPROTECTEDBYTHBPILING OF APE"ITT.lON IN BANKRUPTCY, Tl:lE POLLOWlNG PAAT 01' THIS NOTICE IS FORINF'ORMATION PtlRPOSBS ONLY AND SHOULD NOT BE CONSlDBRED AS AN ATrEMPT TO COIJ..ECT THE DEBT. . I; (If~ bave filed bankruptcy you can 6bl1 apply ror BmetllOllCY Mortgage AssistaDc..) ,. . I I I I , I ,. ; .....-.."" .... ......- ~....__.,,,'-_._-.__.. ., .~.,,,'..~. ,~-"...._'_.~..--_.. .. i' 02/03/05 16:23 FAX 8603445741 _, HI.". COLLECTIONS ~UU3 I I HOJ TO CURE YOUR MORTGAGE DEFAULT (Brine it un to date). I NATURE OF :::1DEFAUL T - The MORTGAGE debt held by the above lender on your property located at: 818 'RWAYRD 1 I GARDNERS PA 17324 I I i i I I ' IS SERIOUSLYlNDEFAULTbeeause: I I' YOU HAYE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the fopowing amoun.ts arc DlJW past due I 10/01104 - $851.82 1lI01/04 - $926.79 12101104. $926.19 I' Late FCQs - $289.36 OtherF.b. $0.00 I S\IS1)eM> - $ 0.00 , Bad chJkfee - $0.00 I, Total me - $3,921.55 I Check or money ord~made Davablc 8J1d sent to: Mortgalle Lenders Network USA, Inc. 10 R~rch Parkway WalliDaford, CT 06492 . A'ITN: Lon C011Dllo'lng Department You ClIll cure an,i ot1u:r default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do use ifDlJt aDDlicable) , ~ I I I; IF YOU DO NOT CURE TIlE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lP.nn.". intends to exercise its ri ll'ht to aooelarate the mortll'alle debt. 'Ibis means that the mltire outstanding balance of this debt will be considered due immediately and you may lose the ohance tt. pay the mortgage in monthly installments. If full payment of the total amount psst due . , is DOt made within TInRTY (30) DAYS. the lender also intends to in$truct its attorneys to start legal action to foreclo~e unon vour mortaalled uronertv. JF THE MORTclGR IS FORRCLOSED UPON - The mortgaged property will be sold by the S!miffto payoff the mortgage debt. If the 1eDder refers your case to its attorneys, but you cure the delinquency before the lendCIt begins legal proceedings spinst you. you will still be rcquin:d to pay the> t'CBSonab1e ........... .,.. . ..."."....."'~""..--..._''',...__..._,,,...'"...-..,.._,._.. v_,u~o ~.:.-" .t'AA. o~.~~.o~. _ .......IlU.'\ ("VL..J...C."'.lJ.U!~" lWUU4. i i attorney's fees thatiwere actually incurred, up to :SSO.OO, However, if legal procccdingll are started . agaiDBt you, yoll wjll have to pay all reasonable attomc:y's fces actwill.y in=d by the l~ even if they exceed :S:'~AnY attorney's feal will be added to the lllIlOUDt you owe the lender, which ma! also include other · hie costs. If VOU Cl\JC th" default wttbin the THlR TV (30) OA Y lleriod. vou will not P" ""Ulfred to naY korney's fees. 01'HER LF.NDFJ'RRMRDIES - The I.eodI:r ~ also sue you personally tilr the unpaid principal balance and all otller sums due under the mortgage. \ RIGHT TO ~ niB DEFAULT PRIOR TO SHERIFF'S SA T .R - If you bavc not cured the default within the THIRTY (30) DAY period and foreclosure proceedlngs have bellUll, you still have the Daht to cure the defanltat/il. tlrevcnt the sale at any time un to one hourhcfore the Sheriff's Sale. You mav do so by Pll;;m... the toi~t amount tbP.T1 oost due. "Ius any late or other chan!es then due. reasonable attomev's fee=:d ~s ;;;;nhccted with the fnreclosure sale and any other costs connected with the Sheriff's Sale as specified in writinlr bv the lender and by "moron;"" anY oth"" reauirements "ntler the 1):lnrtoaae, Curing your default in ~ m'= set forth in this notice will restore your mo:rt.gagc to the same position 88 if you had never dd'aultc\d. EARLIEST posJ'lBLE SHERRIF'S SA T ,R DATE - It is estimated that the em:Iiest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately SIX (6) MONTHS from the date of this N&tice. A IlOticc of the actual date of the Sheriff's Sale will be sent to you before the sale.. Of course, the ~ needed to cure the default will incn:ase the 101l8er you. wait. You may find aut at any time exactly what the required payment or action will be by contacting the lender. I now TO CONTlcT THE I.ENDF.R.: . I Name of Lender: Mortg/lge :LendeIs Networlc USA, Inc r..nntact Person:. 10 Research Parkway Wallingford, CT 06492 800-691-0929 203-482-6676 Luis Garcia ext# 6152 Ac1~s: Phnn.. Nun'lber: Fax Numbllr; EFFECT OF SHERIFF'S SAT .1' -. You shouldrea1izethat a Sheriff's Sa1ewill end your ownership of the mortg/lged propdty and your right to occupy it. If you continue to live in the property attar the Sheriff's Sale; a lawsuit to ;remove you and your furnishings and other belongiDgs could be started by the lender at any time, ASSUMPTION 'PI:' MORTGAGE - You _mayor _X_may not sell or transfer your home to n buyer or 1:rllI1sferCc who will assume the mortgage debt, provided that all the outstanding payments, charges and attor\1ey's f= and costs are paid prior to or at the sale and that the other requirements of the mortgage are satiSfied. I I: YOU MAY ALSO HAVE THE RIGHl': TO SELL THE PROPERTY 1'0 OBTAIN MONEY 1'0 PAY OFF nm MORTGAGE DEBT $.. TO BORROW MONEY FROM ANOTHER LENDING INSTn'UTION TO P A Yf OFF l"HIS DEBT. TO HA$ nus DEFAULT CURED BY ANYTffiRD PARTY AC11NG ON YOUR BEHALF. TO HA ~ THE MORTGAGE RESTORED TO TIrE SAME POSITION AS IF NO DEFAUT-T BAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER. YOU DO 02/03/05 16:za FAX 8603445741 _. --AL~ \L~J'lUN:; aaJUUt) , . ' i , I NOT HA"1f TInS RIGHT TO CURE YOUR DEFAULT MORE THANTIIREE TIMES IN ANY O:ALENDAR YEAR.) I . TO ASSERT THE NONEXISTENCE OF THE DEFAULT IN ANY , FORECLOSURE PROCEEDING OR ANY OTHERLAWsurr INSTITUTED , UNDER [MORTGAGE DOCUMENTS, TO ASSERT ANY O11tERDEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH AcmON BY THE LENDER. TO SEEK.I!PROTECTION UND~ TIlE FEDERAL BANKRUPTCY LAW. CONSUMER CFflDIT COUNSELING AGENCIES SERVING YOUR COUNTY I I . . . ...-.. .__..._.,...,_...-.._..,--_.-..-...,._.."..._---~_.._.-.-._---_._._-'.-._._,~.._...._._*-..,- Date: February 7, 2005 , ACT 91 NOTICE T AK.E ACTION TO SA VB YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on yaur home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached Dlll!es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM ffiEMAp) may be able to help to save vour home. This Notice extllains how the prol!fllm works, To see ifHEMAP can hell'. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF TIlE DATE OF TIllS NOTICE, Take this Notice with YOU when YOU meet with the Counsp.lin!! A!!ency. The name. address and phone number of'Consumer Credit Counseling- Agencies servicing yaur Cauntv are listed at the end of this Notice, lfyou haye any ouestions. vou mav call the penn.ylyaniR Hausin!! Finance Agencv toll free at 1-800-342-2397. (Persons with impaired hearin!! can call (717-780-1869). This Notice contains in\l>ortant leaal information. If vou have any Questions. renresentatiyes at the Consumer Credit Caunseling Agencv may be able to help explain it. You mav also want to contact an attorney in your area. The local bar association may be able ta helD vou find a lawver. LA NOTlFlCACION EN ADJUNTO ES DE SUMA IMPORT ANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICAClON OBTENGA UNA TRADUCCION INMEDIT AMENTE ILAMANnO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENClONADO ARRIBA, PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU H1POTECA NAME LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDERlSERVICER: MORTGAGE LENDERS NETWORK USA, INC. MICHAEL W BOONE PENNY I. BOONE 818 TORWAYRD GARDNERS PA 17324 1010027429 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WIllCH CAN SA VB YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT''), YOU MAY BE ELlGffiLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CON1ROL, IF YOU HA VB A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLV ANlA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE, TIIE PART OF THIS NOTICE CAU ,F.n "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE, CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telenhone numbers of desil!Il1lted consumer credit counselinl! al!encies for the county in which the nrooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-ta-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. . YOU MJ.lSI FILE OUR APPLICA TlON PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LEITER, FORECWSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY TIlE FlUNG OF A PETITION IN BANKRUPTCY, TIlE FOLWWING PART OF TIllS NOTICE IS FOR INFORMATlON PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT TIlE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR 'MORTGAGE DEFAULT (Bring it un to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 818 TORWAYRD GARDNERS PA 17324 IS SERIOUSLY IN DEFAULT because: YOU HA VB NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due Late Fees - $ 289.36 Other Fees - $ 0.00 Suspense - $ 0.00 Bad check fee - $ 0.00 Total Due - $ 4,848.34 Check or money order roade oavable and sent to: Mortgage Lenders Network USA, Ine. 10 Research Parkway Wallingford, CT 06492 AnN: Loan Counseling Department You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not apolicab1e). IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ril!ht to accelerate the mOrUla"e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installInents. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon vour IIlortl>ll"ed oropertv. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actuaIly incurred, up to $50.00. However, iflegal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If vou cure the default within the THIRTY (30) DAY neriod. vou will not be required to nav attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the .mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SAT .E - If you haye not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the rillht to cure the default and nrevent the sale at anY time un to one hour before the Sheriff's Sale. You mav do so by nayinl! the total amount then oast due. nlus any late or other chanres then due. reasonable attorney's fees and costs connected with the foreclosure sale and anv other costs coooected with the Sheriff's Sale as specified in writinl! by the lender and by nerforminl! anY other reouirements under the mortl!al!e. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLlEST POSSIBLE SHERRIF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale, Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACf THE LENDER: Name of Lender: Mortgage Lenders Network USA, Inc Address: 10 ResearchParlcway Wallingford, Cf 06492 Phone Number: 800-691 -0929 Fax Number: 203-482-6676 Contact Person: Louis Garcia Ext # 6152 EFFECf OF SHERIFF'S SALE -- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- Y ou _may or _X_may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF TIllS DEBT. TO HAVE TIllS DEFAULT CURED BY ANY THIRD PARTY ACfING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE TillS RIGHT TO CURE YOUR DEFAULT MORE lHANTIIREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF THE DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Please note that notwithstandinCl' anvthina herein to the contrary. if YOU have filed a bankruDtcv petition and there is either an "automatic stav" in effect in your bankruotcv case or vou have received in that case a discharae of your Dersonalliabilitv for the obliaation identified in this letter. we mav not and do not Intend to oUl'sue collection of that obliaation from you oersonallv. If these circumstances aoolv. this notice. which is reauired under aoolicable law. is not. and should not be read to be a demand for oavment from YOU oersonallv. Unless the Bankruotcv Court has ordered otherwise. however. olease also note that desoite any such bankruotcv filina. we do continue to retain whatever rlahts we hold in the orooertv that secures the obllaatfon. ~ "'''b ~ "6 ~ "-. ~ <XI v-. \ (') 0- , \ - ~ "" ---- '" ... \ o c ,- -06;; n',\-'- Z_'.l} ~)/ ;'- tj"J ):". -'" r:':"';') ~~ . ;~-(;~) p ~.~~.~ ::;" -<. (J\ ~ ..;g = ~f'" ~ ;; ", N -t: ~ ':1-nG tf-1r ' - ""Orry v-. i'j~) :;~'~1 S:_-~C) ?~~~ 0"' !0 ...:. :;;; o v> 0'. SHERIFF'S RETURN - NOT FOUND , ' 1 ~ASE NO: 2005-01533 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS BOONE MICHAEL W ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who tieing duly sworn according to law, says, that he made a diligent sear~h and inquiry for the within named DEFENDANT BOONE PENNY I b twas unable to locate Her in his bailiwick. He therefore returns t e COMPLAINT - MORT FORE , NOT FOUND , pS to the within named DEFENDANT , BOONE PENNY I 818 TORWAY ROAD GARDNERS, PA 17324 PER NEIGHBOR, PENNY IS DECEASED. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 5.00 10.00 .00 21.00 So answers.~- .., " .~.. .-:;~/-~;' ----, R. Thomas Kline Sheriff of Cumberland County MARTHA VON ROSENSTIEL 04/22/2005 Sworn and subscribed to before me this de:;--- day of ~_ cV~;--A,D. rt/r~.ChO~ ~4<lJ SHERIFF'S RETURN - NOT FOUND , GAsk NO: 2005-01533 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS BOONE MICHAEL W ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who eing duly sworn according to law, says, that he made a diligent sear hand inquiry for the within named DEFENDANT BOONE MICHAEL W b twas unable to locate Him in his bailiwick. He therefore returns t e COMPLAINT .. MORT FORE , NOT FOUND , as to the within named DEFENDANT , BOONE MICHAEL W 818 TORWAY ROAD GARDNERS, PA 17324 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVE DEFENDANT PRIOR TO EXPIRATION. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 19.24 5.00 10.00 .00 52.24 So answers :,~ '_.';._"_~....._,.,..__.J"'-'. ~'f/>"''' __ . ._ ..---,/,~>.. ~// / R. Tho~as' Kl ine Sheriff of Cumberland County MARTHA VON ROSENSTIEL 04/22/2005 Sworn and subscribed to before me this eX ,,,- day of ~ cflp.. )---A. D. ~ /}Y\ ~ prothonotaryo-.-: . ' #16013,TM Martha E. Yon Rosenstiel, p,c. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 610328-2887 Attorney LD.#52634 Attorney for Plaintiff JP Morgan Chase Bank FIKIA Chase Manhattan Bank As Trustee C/O Residential Funding Corporation 2255 North Ontario Street #40 Burkbank CA 91504-3120 PLAINTIFF COURT OF COMMON PLEAS Cumberland COUNTY : NO: 05 1533 Civil Term VS. Michael W. Boone, mortgagor and real owner P.O. Box 235 Gardners, P A 17324 DEFENDANT MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Movant, by its counsel, Martha E. Von Rosenstiel, Esquire, moves this Honorable Court for an Order directing service of the Complaint and all subsequent notices upon the above captioned defendant(s) by regular mail and certified mail and by posting of the premises and in support thereof avers the following: I. Plaintiff has been unable to serve Complaint. The Sheriffs Return of no Service is attached hereto as Exhibit L 2. Pursuant to Pennsylvania Rules of Civil Procedure 430, plaintiff has made a good faith effort to locate the defendant. 3. An Affidavit of Reasonable Investigation setting fOlth the specific inquiries made and the results therefore is attached hereto as Exhibit II . WHEREFORE, as plaintiff respectfully requests this Honorable Court enter an Order to Pennsylvania Rule of Civil Procedure 430 directing service ofthe Complaint and all subsequent notices by certified and regular mail and by posting of the mortgaged premises. /~~ Martha E. Von Rosenstiel / f Attorney for Plaintiff i ! ! Martha E. Yon Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South A venue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney LD. #52634 Attorney for Plaintiff JP Morgan Chase Bank F/K/A Chase Manhattan : Bank As Trustee C/O Residential Funding Corporation 2255 North Ontario Street #40 Burkbank CA 91504-3120 PLAINTIFF COURT OF COMMON PLEAS Cumberland COUNTY NO: 05 1533 Civil Term VS, Michael W. Boone, mortgagor and real owner P.O. Box 235 Gardners, P A 17324 DEFENDANT MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriff's return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa. Super. 362,357 A.2d 580 (1976). Notice of intended ad option mailed to last known address required a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976), An illustration of good faith effort to locate the Defendant includes (I) inquiries of postal authorities including inquiries pursuant to the Freedom ofInforrnation Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examination of local telephone directories, voter registration records, local tax records, and motor vehicle records. As set forth in the Sheriffs Return of no Service, marked Exhibit I, the Sheriffhas been unable to serve the Complaint. A good faith effort to discover the whereabouts of the defendant( s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit II. WHEREFORE, plaintiffrespectfully requests service of the Complaint, and all subsequent notices by certified and regular mail and by posting of the mortgaged premises by the Sheriff. / / I ; I / Martha E. Von Rosenstiel Attorney for Petitioner Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D. #52634 Attorney for Plaintiff JP Morgan Chase Bank FIKlA Chase Manhattan: COURT OF COMMON PLEAS Bank As Trustee CIO Residential Funding : Cumberland COUNTY Corporation 2255 North Ontario Street #40 Burkbank CA 91504-3120 PLAINTIFF : NO: 05 1533 Civil Term VS. Michael W. Boone, mortgagor and real owner P.O. Box 235 Gardners, P A 17324 DEFENDANT VERIFICATION MARTHA E. VON ROSENSTIEL, ESQUIRE, offull age, being duly sworn according to law deposes and says that she is the attorney for the plaintiff in the foregoing action; that she is duly authorized to make this verification on behalf ofthe plaintiff; that she is fully familiar with the facts in this matter; and that the statements made in the foregoing Motion for Service of the Complaint and all subsequent notices Pursuant to Special Order of Court are true /~ and correct to the best of her knowledge, information and belief. Martha E. Von Rosenstiel . / ! r SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-01533 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS BOONE MICHAEL W ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BOONE MICHAEL W but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , BOONE MICHAEL W BIB TORWAY ROAD GARDNERS, PA 17324 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVE DEFENDANT PRIOR TO EXPIRATION. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 19.24 5.00 10.00 .00 52.24 So a~n swers: .......;;7 ,.<,-:;:;~ ".' -...--:;;~ _..-~-; ,/ ~~~ R. Thomas"Kline Sheriff of Cumberland County MARTHA VON ROSENSTIEL 04/22/2005 Sworn and subscribed to before me this day of A.D. Prothonotary ,..-; EXHIBIT ..L , " IbIS Inhouse Investigation Services 649 South Avenue, Unit 7 Secane, PA 19018 (610) 328-2887 JP MORGAN CHASE BANK F/K/A CHASE MANHATTAN BANK AS TRUSTEE C/O RESIDENTIAL FUNDING CORPORATION : COURT OF COMMON PLEAS : OF CUMBF:RLAND COUNTY VS. : 05 1533 CIVIL TERM MICHAEL W. BOONE, MORTGAGOR AND REAL OWNER, AND PENNY I. BOONE, MORTGAGOR AFFIDAVIT OF GOOD FAITH INVESTIGATION RE: Boone PROPERTY ADDRESS: 818 Torway Road Gardners P A 17324 SEARCH OF TELEPHONE DIRECTORIES (BY NAME): A search for the name MICHAEL BOONE in the Commonwealth of Pennsylvania produced no relevant inforrnation: SEARCH OF TELEPHONE DIRECTORIES (BY ADDRESS): A search for the property address 818 Torway Road Gardners PA 17324 produced no results. NEIGHBOR CONTACTS: Inquiries with the neighbors of the property address produced no information. POSTAL ENQUIRY: An inquiry with the US Postal Service in GARDNERS, P A 17324-9998 was made as to the status of818 Torway Road Gardners PA 17324. They confirm that mail in the name of Michael W. Boone is "delivered to the address given". An inquiry with the US Postal Service in GARDNERS, P A 17324-9998 was made as to the status of P.O. Box 235, Gardners, PA 17324. They provided and address of 818 Torway Road and confirmed that mail in tlIe name of Michael W, Boone is "delivered to the address given". I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF GOOD FAITH INVESTIGATION ARE TRUE AND CORRECT. 1 UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA c.s. SECTION 4904 RELATING U SWORN FALSIFICATION TO AUTHORITIES. By: Pi!t: #16013-TM nager EXHIBIT L Date: May 25, 2005 Postmaster United States Postal Service 110 Upper Bermudian Rd Gardners, P A 17324-9998 ADDRESS INFORMATION REQUEST Please furnish the new address, if available, for the following individual or veritY whether or not the address given below is one at which mail for this individual is being ddivered, If the following address is a post office box, please furnish the street address as recorded on the boxholder's application form, Name; Michael W. Boone Last known address: 818 Torway Road Gardners, PA 17324 The information is provided in accordance with 39 CFR 265.8 (d)(6)(u), There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CPR 265,6(d)(l) and (2), 39 CFR 265.9(g)(5)(ii) and corresponding Administrative Support Manual 352.44a and b, 1, Capacity of requester is for Martha Von Rosenstiel, Esquire, 2, Statute orregulation that empowers me to serve process is 231 Pa,Code Rules 400,1 3, The names of all known parties to the Iitigalion: JP Morgan Chase Bank F/K/A Chase Manhattan Bank As Trustee C/O Residential Funding Corporation vs, Michael W. Boone, mortgagor and real owner, and Penny I. Boone, Mortgagor 4. The Court in which the case has been or will be heard: Court ofCornmon of Cumberland County 5, The docket or other identifying number if one has been issued: 05 1533 Civil Term 6, The capacity in which the individual is 10 be served is as a defendant. WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE THE CHANGE OF ADDRESS INFORMA TION OR BOXHOLDER INFORMA TlON FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH THE ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUnING A FINE UP TO $10,000 OR IMPRISIONMENT OR TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH(TITLE, 18 U.S.c. SECTION IDOl) I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS REQUIRED AND WILL BE USED SOLELY FOR THE SERVICE OF LEGAL PROCESS IN CONNCETION WITH THE ACTUAL OR PROSPECTIVE LITIGATION. ;rAJJJJ PraA ~ SIGNATURE 649 South Ave.. Unil #7 ADDRESS Frank Barbella PRINTED NAME Secane. PA 19018 CITY. STATE AND ZIP CODE FOR POST OFFICE USE ONLY .---- .-- --' ----- ---- .. -..... NEW ADDRESS O~HOIlDER'S STREET ADDREV ?IS lU;-IM'OuJ POST OFFICE STAMP J [,( Mail is delivered to the address given [ ] No change of address order on file [ ] Not known at address given [ ] Moved, left forwarding address [ I No such address [ I Other (Specify) Date: May 25, 2005 Postmaster United States Postal Service 110 Upper Bermudian Rd Gardners, P A 17324,9998 ADDRESS INFORMATION REQUEST Please furnish the new address, if available, for the following individual or verify whether or not the address given below is one at which mail for this individual is being ddivered. If the following address is a post office box, please furnish the street address as recorded on the boxholder's application form. Name: Michael W. Boone Last known address: P.O. Box 235 Gardners, PA 17324 The information is provided in accordance with 39 CFR 265.8 (d)(6)(u), There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(J) and (2), 39 CFR 265,9(g)(5)(ii) and corresponding Administrative Support Manual 352.44a and b. ], Capacity of requester is for Martha Von Rosenstiel, Esquire, 2, Statute or regulation that empowers me to serve process is 23 I Pa.Code Rules 400,1 3, The names ofall known parties to the litigation: JP Morgan Chase Bank F/K/A Chase Manhattan Bank As Trustee C/O Residential Funding Corporation vs, Michael W. Boone, mortgagor and real owner, and Penny 1. Boone, Mortgagor 4, The Court in which lbe case has been or will be heard: Court of Gammon of Cumberland County 5. The dockel or other identifying number if one has been issued: 05 1533 Civil Term 6, The capacity in which lbe individual is to be served is as a defendant. WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE THE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH THE ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUIJING A FINE UP TO $10,000 OR IMPRISIONMENT OR TO A VOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH(TITLE 18 U.S.c. SECTION 1001) I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS REQUIRED AND WILL BE USED SOLELY FOR THE SERVICE OF LEGAL PROCESS IN CONNCETION WITH THE ACTUAL OR PROSPECTIVE LITIGATION. fjlvO.M~ fJrNJdW SIGNATURE 649 South Ave.. Unit #7 ADDRESS Frank Barbella PRINTED NAME Secane, PA 19018 CITY, STATE AND ZIP CODE FOR POST OFFICE USE ONLY ~ Mail is delivered to the address given NEW ADDRESS OR~~DER'S STREET ADDRESj) [ ] No change of address order on file [ ] Not known at address given 0 J ry J A/), 1,/ [ ] Moved. left forwarding address () (J .--z, K. iAJ1-1 , . [ ] No such address [ ] Other (Specify) POST OFFICE STAMP I to013 WhitePaaes.com - Online Directory Assistance We're sorry, Your search returned no results, Please verify that your information was entered correctly, or try again with a broader range of search information. Reverse Address Search , Help Street Number I 818 (e.g, "742") Street Name * I Torw ay Rd, (e.g, "Evergreen Terrace") City or ZIP/Postal Code * I 17324 , State or Province ! Pennsylvania I ..:l Include surrounding area ,2earch . ! >> Automate repetitive searchinq >> Create Mailinq Lists Online >> Find Email Addresses * required ifoOl3 WhitePaaes.com - Online Directory Assistance Search Information Displaying results matching "Boone, Michael, PA" BOONE, MICHAEL - ntJl Perkasie, PA 18944-1684 ~ !JoT YJE.J-E.)Jt}r, (215) 258-6395 BOONE, MICHAEL 0 1040 Pond St Bristol, PA 19007-5340 (215) 788-8484 - /JOT OE-Ff-.}Jt:JA 1JT BOONE, MICHAEL D 421 W Market St York, PA 17404-6508 (717) 757-7247 BOONE, MICHAEL 0 " 6223 Washington Ln Bensalem, PA 19020-2444 (215) 757-4883 - ~OT tJiLfUJlJltlJl ~ /JOT fj/E..fE./lJ /YtPT BOONE, MICHAEL E 38 Iron Horse Ln Millville, PA 17846-8966 (570) 458-0557 BOONE, MICHAEL E RR 2 Box 25 Sunbury, PA 17801-9504 (570) 286-8362 BOONE, MICHAEL R -/VOl b€EWtJ.1Uf 1118 Spruce St Philadelphia, PA 19107-6014 (215) 592-7154 - tJO'L (JE-F UJ IY1 ftJI - tJOT tJUI3/.Jf::AAli BOONE, MICHAEL TYRONE -!JDT fJU/E.lJl:YitJl Tyrone, PA 16686-9216 (814) 686-9311 /00 I J WhitePaaes.com - Online Directory Assistance Neighbors of 818 Torway Rd. Gardners, PA 17324 STARNER, ROSS E 815 Torway Rd Gardners, PA 17324 (717) 486-7633 P,\\~~I[;IJ l')\L~I\{'LL BROWN, RICH 820 Torway Rd T""'\ -.I n...J Gardners, PA 17324 \../ \ SO::::,cW. c.., ~\ (717) 486-4943 LEFEVRE, SHIRLEY A ( ~~~d:~:~~:~7324 \); ':) (~,,'LQCkC (717) 486-4943 C) r,-_ r....~ ~~:s c-. n " ,--1 ~:r: - (-:ll''L1 -\ \ c_ C. 1--- f".' W ,,' 0.,' JP MORGAN CHASE BANK FIK/A CHASE MANHATTAN BANK AS TRUSTEE C/O RESIDENTIAL FUNDING CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MICHAEL W. BOONE, Defendant NO. 05-1533 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of August, 2004, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is ordered and directed that Plaintiff may serve the Complaint in Civil Action upon Defendant Michael W. Boone by (1) mailing a true and correct copy of the complaint by cettified mail and regular mail, to Defendant's last known address at P.O. Box 235, Gardners, PA 17324, (2) publication once in the Cumberland Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting the premises at 818 Torway Road, Gardners, P A 17324. Subsequent papers in the case may be served by certified and regular mail to Defendant at P.O. Box 235, Gardners, P A 17324. BY THE COURT, Zl:ilrrc.! ~:- I~D:~Z '" '" Martha E. Von Rosenstiel, Esq., 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 Attorney for Plaintiff :rc #16013 TM Martha E, Von Rosenstiel, P,C, Attorney for Plaintiff Martha E, Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 610 328-2887 Attorney I.D.# 52634 JP Morgan Chase Bank F /K/ A Chase Manhattan Bank As Trustee C/O Residential Funding Corporation COURT OF COMMON PLEAS Cumberland COUNTY Plaintiff Case No: 05 1533 Civil Term vs, Michael W. Boone, mortgagor and real owner, : and Penny I. Boone, Mortgagor P,O, Box 235 Gardners, P A 17324 Defendant( s) PRAECIPE TO REINSTATE COMPLAINT IN MORTGAGE FORECLOSURE To the Prothonotary: Kindly reinstate the Complaint in Mortgage Foreclosure in the above matter. Martha E. Von Rosenstiel Attorney for Plaintiff DATED: August 8, 2005 0 "'" ~ = c:. ~ ~ :>l" ~:n d\g~ c:: 2"[ co> ~Fn U.l,' N 96 -c; ~.~ -:r:"'-' -- -0 (,:0 ';:' t~ ::s: '~/ C') ~p. ?::: f2m 'Z ~ :;:! N ~ #16013-TM Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 610 328-2887 Attorney I.D.# 52634 Attorney for Plaintiff JP Morgan Chase Bank F!K!A Chase Manhattan Bank As Trustee CIO Residential Funding Corporation 2255 North Ontario Street #40 Burkbank,CA 91504-3120 Plaintiff vs. Michael W. Boone, mortgagor and real owner, and Penny I. Boone, Mortgagor P.O. Box 235 Gardners, FA 17324 Defendants COURT OF COMMON PLEAS Cumberland COUNTY Case No: 05 1533 Civil Term CERTIFICATION OF SERVICE MARTHA E. VON ROSENSTIEL, Esquire, hereby certifies that she is the attorney for the plaintiff here, and that service of the Civil Action in Mortgage Foreclosure in the above matter was made on the defendant, Michael W. Boone, pursuant to the Court Order dated August 3, 2005 by certified mail and by regular mail on August 17, 2005. This verification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. artha E. Von Rosenstiel . Attorney for Plaintiff DATED: August 17, 2005 JP MORGAN CHASE BANK F!KJA CHASE MANHATTAN BANK AS TRUSTEE C/O RESIDENTIAL FUNDING CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MICHAEL W. BOONE, Defendant NO. 05-1533 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of August, 20Q4i upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is ordered and directed that Plaintiff may serve the Complaint in Civil Action upon Defendant Michael W. Boone by (1) mailing a true and correct copy of the complaint by certified mail and regular mail, to Defendant's last known address at P.O. Box 235, Gardners, PA 17324, (2) publication once in the Cumberland Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting the premises at 818 Torway Road, Gardners, P A 17324. Subsequent papers in the case may be served by certified and regular mail to Defendant at P.O. Box 235, Gardners, PA 17324, BY THE COURT, J, J. U.S. Postal Service," CERTIFIED MAIL'M RECEIPT (Domestic Mait Only; No 1r'~UIQH"''''' Coverage Provided) "" tr .-'l .-'l r:[) ~:r.r.r;nll'j:..j.'.llll'lill~:lH'lI"'fnl"'III. ,io.1,'[lHo.I:Ill j .."lIlf:1'J.:tloi.11I '. ru ! U1j .::r , Postage ls CertifiE!dFee' " '~;~~,~. (-? !::J'osfmark \,',_ "D ~~e" tJ). c...1~~' ),;", . <9/ '/ Total postage.& Fees J $ i ,05'1; ..... c.',,- ' ~t!:;c:J~. C~'~(;6"- '~.. ":m,(tro~~~~~,...... ocPO Bo, No \ ^J\W~ ci .-,-.-------.---- l U . ! City, State, ZIP -- - -- mm - ---. -.~ _m ______~ ___m .::r Cl Cl o Return Reciept Fee , (Endorsement Required) i Cl Restricted Delivery Fee M (Endorsement Required) .::r ru :11 U.S. Postal ServiceIT' CERTIFIED MAILM RECEIPl (Domestic Mail Only; No Insunlnce Coverage Provjded) Lll JT\ ru .-'l i;;<'lToC1''''''''''''''''''''''''''''''''''''''. ,"""'~1."". '"'''''''''''''' ~, (> :~r e ' "'r ',( · g; Certified Fee Cl CJ Return AB':;jept Fee (Endorsement Flequired) Cl Restricted Delivery Fee M (Endorsement HeQuired) .::r ru TOlal Paslag€' 8. Fees $ U,S, POSTAL SERVICE CERTIFICATE OF MAILING MAYBE USED FOR DOMESTIC AND INTERNATIONAL MAlL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received Front Atlix tee here in Stamps Or meter poslage and ~I-'\'Illt. "nquire of ~~r fr currenl f~s", ll> ,. f2 OUNI1>'O 'iiOD'~ f ~ {,i") ) \l c; ,~~' : ~ ~" ~~~~ OoV1Vi I o.r' .', MARTHA VON ROSE~TII;(fc.. - ):~\ 649 SOUTH A VE1\lUlyc! ,-'- r', -g;:; \/'c;\ UNIT 7 \ I, ~,;-- 0- J SECANE,PAI9018 '''',\~ J' One piece of ordilary mail addressed to: \" .-----(' t\\\~\r\()&Q W. (bCo~ . ~. tfJ~ db'S , I!\J) 10\ I t>:(\ \ i~6 '-t- P~J:'......_'10'" lo.l~_'IU""'\' ;-.......... ~~ ~ Affix fee here in stamps U,S.POSTALSERVICE CERTIFICATE OF MAILING Or meter poslage and MAYBE USED FOR DOMESTIC AND INTERNA TlONAL MAIL, DOES NOT P"81 ~ IJlquire of PROVIDE FOR INSURANCE-POSTMASTER , P~'&, felf CUrTenl Received From: \~.: fe~ ~ CO ... MARTHA VON ROSENS~IEL, r-i;~>_ \ ) \0 C:;UNI" 649 SOUTH AVENUE ~\!.~.'~ %j O~ll'O.~ C s;:::,~c.v I ... "a UNIT 7 ~'. '~. SECANE, PA 19018 ':.u>~ A ~'f } One piece of ordilary mail addressed 10: ''L '" " 1 .'. b" * 0 ~ -(!" \\\ \C \f\~ \~ '\. \ClC).QU\..L.. - i ~ ~,' ~ \ 'i --fG LW\lM ~illd en ~" G\)J\ci~\vJ\J\ ~i\ \ T~Y- ~~~I ~o'O O:>VTVT PS Fonn 3817. Mar,!989 \\,00 \~-::-\~J\ l~J~ o c;;: ....> ~ <-" """ (c:~ N N r\- , '. . ~ ~""'. '''S:, ::{19 (:.~~ (:? ~ ~:"~ 4.... -r) ~~ f7\ :;;;: (~ ~ :..:. L,) .' s:- :;;.- - ~ Martha E. Yon Rosenstiel, P.C. Martha E, Von Rosenstiel 649 South A venue, Unit 7 P.O. Box 307 Secane, PA 19018 610 328-2887 Attorney I.D.# 52634 JP Morgan Chase Bank F/K/A Chase Manhattan Bank As Trustee CIO Residential Funding Corporation 2255 North Ontario Street #40 Burkbank,CA 91504-3120 Plaintiff vs. Michael W. Boone, mortgagor and real owner, and Penny I. Boone, Mortgagor P.O. Box 235 Gardners, PA 17324 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Case No: 05 1533 Civil Term CERTIFICATION OF SERVICE #16013-TM MARTHA E. VON ROSENSTIEL, Esquire, hereby certifies that she is the attorney for the plaintiff here, and that service of the Civil Action in Mortgage Foreclosure in the above matter was made on the defendants pursuant to the Court Order by publication in two (2) newspapers of general circulation as follows: The Sentinel on August 26, 2005 and The Cumberland Law Journal on September 2,2005. This verification is made subject to the penalties of 18 Pa. CS. Section 4904 relating to unsworn falsification to authorities. DATED: September 22,2005 I I JvIartha E. Von Rosenstiel iAttorney for Plaintiff I PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) August 26,2005 Affiant further deposes that he/ she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of PUbliCatiOnare~ ~~O . Sworn to and subscribed before me this 31st day of August, 2005. (~/u~dN,n) 1? U ~L Notary Pu lC . My commission expires:q// of COMMONWEALTH OF PENNSYLVANIA Notalial Seal Chnstina L. Wdfe, Notary PublIc Ca~isIe Bom. Cumbel1and Coonly My Commission Expires Sept. 1, 2008 Member, Pennsylvania Association Of Notaries . , PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND 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 September 2, 2005 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. SWORN TO AND SUBSCRIBED before me this 2 day of September, 2005 NOT ARI l SEAL LOIS E. SNYDER. Notary Public Carlisle Bora, Cumberland County Mv Commission Expires March 5, 2009 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County. Pennsylvania Civil Action-Law No, 05-1533 Civil Term NOTICE OF ACTION IN MORTGAGE FORECLOSURE JP MORGAN CHASE BANK, f/k/a CHASE MANHATTAN BANK. AS TRUSTEE, cIa RESIDENTIAL FUNDING CORPORATION PLAINTIFF vs, MICHAEL W, BOONE, MORTGAGOR AND REAL OWNER AND PENNY 1. BOONE. DEFENDANTS TO: MICHAEL W. BOONE, MORT- GAGOR AND REAL OWNER. De- fendant. whose last known ad- dresses are 818 Tonvay Road. Gardners. PA 17324 AND P.O. Box 235. Gardners. PA 17324. CML ACTION-MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBT~NED WILL BE USED FOR THAT PURPOSE You are hereby notified that Plain- tiff. JP MORGAN CHASE BANK. f/k/a CHASE MANHATTAN BANK. AS TRUSTEE. cIa RESIDENTIAL FUNDING CORPORATION, has med a Mortgage Foreclosure Complaint endorsed with a Notice to Defend. against you in the Court of Com- mon Pleas of Cumberland County. Pennsylvania, docketed to NO. 05- 1533 CML TERM. wherein Plaln' tiff seeks to foreclose on the mort- gage secured on your property lo- cated, 818 Torway Road. Gardners. PA 17324, whereupon your prop- erty would be sold by the Sheriff of Cumberland County. NOTICE YOU HAVE BEEN SUED IN COURT. !fyau wish to defend against the claims set forth in the notice above, you must take action within twenty (20) days after this Com- plaint and Notice are served. by entering a written appearance per- sonally or by attorney and filing in writing with the Court your de- fenses 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 lights important to you. YOU SHOULD TAKE THIS PA- PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OF, FlCE SET FORTH BELOW. THIS OFFICE CAN PROVIDE yeU WITH THE INFORMATION ABOUT HIR- ING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PRO- VIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OF- FER LEGAL SERVICES TO ELI- GIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 4 . , . CUMBERLAND LAW JOURNAL 32 South Bedford Street Carlisle. PA 17013,3302 (717) 249,3166 (800) 990,9108 MARTHA E, VON ROSENSTIEL MARTHA E, VON ROSENSTIEL, P,C, Attorneys for Plaintiff 649 South Avenue UnIt #7 P.O. Box 307 Secane. PA 19018 (610) 328,2887 Sept. 2 5 (') t--,) q, c.-:- C' c"::o :;.'- l'~n en .-\ trn ::c,""1'1 .~CJ jI'1p -T"}rn. "', ~':-~1 ;~) en ""\J d.-, ':,,~~:(C) en (.1-) ~~ ( ;) ':,::".) ,"'" ~ #16013 TM Martha E. Von Rosenstiel, P.C. Attorney for Plaintiff Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 610328-2887 Attorney LD.# 52634 JP Morgan Chase Bank F/K/A Chase Manhattan Bank As Trustee C/O Residential Funding Corporation COURT OF COMMON PLEAS Cumberland COUNTY Plaintiff Case No: 05 1533 Civil Term vs. Michael W. Boone, mortgagor and real owner, : and Penny I. Boone, Mortgagor P.O. Box 235 Gardners, P A 17324 Defendant( s) PRAECIPE TO REINSTATE COMPLAINT IN MORTGAGE FORECLOSURE To the Prothonotary: Kindly reinstate the Complaint in Mortgage Foreclosure in the above matter. / Martha E. Von Rosenstiel Attorney for Plaintiff DATED: September 22,2005 Cl c:;: :7,r ..., "'" C? 0"\ (/) Cc-, -";:) r-,) 0' ~, :i: o -n ::? i.;1~; r=' -om --:-T-iC :~~:i~" \~~~A .::::::\ ;;~.. :Q c.J (..) <..W SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-01533 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS BOONE MICHAEL W ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BOONE MICHAEL W but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , BOONE MICHAEL W 818 TORWAY ROAD GARDNERS, PA 17324 RESIDENCE APPEARS TO BE VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 12.80 5.00 10.00 .00 45.80 So R. Thomas Kline e iff of Cumberland County ROSENSTIEL Sworn and subscribed to before me this J f day of ~ . #16013-TM Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney LD.# 52634 Attorney for Plaintiff JP Morgan Chase Bank F/K/A Chase Manhattan Bank As Trustee C/O Residential Funding Corporation 2255 North Ontario Street #40 Burkbank CA 91504-3120 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 05 1533 Civil Term vs. Michael W. Boone, mortgagor and real owner, : and Penny L Boone, Mortgagor 818 Torway Road Gardners, P A 17324 Defendants PRAECIPE TO THE PROTHONOTARY: Enter judgment in the sum of$124,737.79 in favor of the above named plaintiff and against the above named defendants for failure to file an answer in the above action in Mortgage Foreclosure within twenty (20) days from date of service of the Civil Action, and assess damages. I hereby certify that the correct addresses of plaintiff and defendants are as follows: Plaintiff: 2255 North Ontario Street #40 Burkbank, CA 91504-3120 Defendants: 818 Torway Road Gardners, P A 17324 l- I Martha E. Von Rosenstiel Attorney for Plaintiff '.. Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney LD.# 52634 Attorney for Plaintiff JP Morgan Chase Bank F /K/ A Chase Manhattan Bank As Trustee C/O Residential Funding Corporation 2255 North Ontario Street #40 Burkbank, CA 91504-3120 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 051533 Civil Term vs. Michael W. Boone, mortgagor and real owner, : and Penny 1. Boone, Mortgagor 818 Torway Road Gardners, P A 17324 Defendants ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess damages against the above named defendants as per Civil Action in Mortgage Foreclosure, as follows: Total per complaint Additional interest on unpaid balances from 3/18/05 to 11/17/05 at $20.77 per diem $119,649.14 $ 5,088.65 Total assessment I / Martha E. Von Rosenstiel Attorney for Plaintiff AND NOW, to wit, this ,;)( day of 'P~~(, 2005, damages are assessed as above. . Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney LD.# 52634 Attorney for Plaintiff JP Morgan Chase Bank F/K/A Chase Manhattan Bank As Trustee C/O Residential Funding Corporation 2255 North Ontario Street #40 Burkbank CA 91504-3120 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 051533 Civil Term vs. Michael W. Boone, mortgagor and real owner, : and Penny L Boone, Mortgagor 818 Torway Road Gardners, P A 17324 Defendants CERTIFICATION OF SERVICE MARTHA E. VON ROSENSTIEL, ESQUIRE, hereby certifies that she is the attorney for the plaintiff herein, and that service of the Notice under Rule 237.5 in the above matter was made on the defendants on October 20, 2005, as evidenced by the attached postal receipts. This verification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. /i artha E. Von Rosenstiel, Esquire Attorney for Plaintiff DATED: November 17, 2005 . Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 610 328-2887 Attorney 1.0.# 52634 #16013-TM Attorney for Plaintiff CGl@~'Y1 JP Morgan Chase Bank F/K/A Chase Manhattan Bank As Trustee C/O Residential Funding Corporation 2255 North Ontario Street #40 Burkbank, CA 91504-3120 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Case No: 05 1533 Civil Term vs. Michael W. Boone, mortgagor and real owner P.O. Box 235 Gardners, PA 17324 Defendant(s) TO: Michael W. Boone P.O. Box 235 Gardners, PA 17324 Date of Notice: October 20, 2005 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 n HEARING AND YOU MAY LOSE MICnael VV. ljOone POBox 235 Gardners, PA. 17324 AtTlQci'nEtt In stamps Or IHettJ! po,tlte lI'ld PosfWaatk. Inquire of postma.r forJtunent fe~ OUN1t!b S O~"" d. {.,~ 1, ~ '\0 ., 6 ~ 0 It,~~ ~ ~O~I, . ~~~III COV1V1 AT ONCE. IF YOU DO NOT SET FORTH BELOW. THIS [IRING A LAWYER. IS OFFICE MAY BE ABLE TO THAT MAY OFFER LEGAL lR NO FEE. US. POSTAL SERVICE CERTIFICATE OF MAILING MAYBE USED FOR DOMESTIC AND tNTERNA TIONAL MAIL, DOES NOT PROVtDE FOR INSURANCE-POSTMASTER Rec~ived From: . . . MARTHA VON ROSENSTIEL, P.C. 649 SOUTH A VENUE UNIT 1 SECANE, PA 19018 One piece of md..."ry mall w:ldressed to: .TlON l\'l'-- ,1 PS Form 3RI?, Mur.19R9 02:3,( Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 610 328-2887 Attorney 1.0.# 52634 #16013-TM Attorney for Plaintiff '--- , '. -'-. ," ", i' I-ot', ,\ r--- .~. \"..'7 ,. ! I 0) 'l1\ ',- \~:;:;;/ i ,.--/ ' co JP Morgan Chase Bank F/K/A Chase Manhattan Bank As Trustee C/O Residential Funding Corporation 2255 North Ontario Street #40 Burkbank, CA 91504-3120 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Case No: 05 1533 Civil Term vs. Michael W. Boone, mortgagor and real owner P.O. Box 235 Gardners, PA 17324 Defendant(s) TO: Michael W. Boone 818 Torway Road Gardners, PA 17324 Date of Notice: October 20, 2005 . IMPORTANT NOTICE U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAYBE USED FOR DOMESTIC AND rNTERNA TIONAL MAll, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER 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 ;'.;.....:.......), . AIIIlCJeO'Ocq In Stamp:s Or IQCt{f. RQStlt8e iI1d Post-fRBIk. Inquire of Postm8Slflr for.$ment feest) 0 r UMtt() ~ ~ ~r~% ffi ~It~ f ~ 0 III "'~ ~ ~~ ~ ~~~~ DoV1V1 IT ONCE. IF YOU DO NOT SET FORTH BELOW. THIS [RING A LAWYER. :S OFFICE MAY BE ABLE TO THAT MAY OFFER LEGAL R NO FEE. Received From: MARTHA VON ROSENSTIEL, P.c. 649 SOUTH A VENUE ('~" UNIT 7 SECANE, PA 19018 One piece of ordilary mail addressed to: nON . Mlcnael VV. tsoone R1R Torway Road Gardners, PA. 17324 PS Fonn 3817, Mar.1989 cJSl ,1 NON-MILITARY AFFIDAVIT COMMONWEALTH OF PA COUNTY OF MONTGOMERY ss RE: Edward Hirsh, deposes and says: 1. That I am employed by the Plaintiff herein as servicer of the mortgage. 2. That the captioned individual(s) are the owners of the premises described in the mortgage or deed of trust. 3. That the collection procedures of the Plaintiff are designed to discover facts concerning the titleholder's occupations and military status. 4. That said procedures were followed in connection with the current delinquency. 5. That, on information and belief, captioned titleholders are not incompetent or in any branch of the military service. 18 authorities. 6. This verification is made subject ~ ~ ~' ~.~ '~ l' ~ B; ~ '- e,> f-',; C) ~__,l -Tl _..- c~,5 f',> ~ -,-, :,~'"' -- (,'1 -,~ 1 .. > Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney LD.# 52634 Attorney for Plaintiff JP Morgan Chase Bank F /K/ A Chase Manhattan Bank As Trustee C/O Residential Funding Corporation 2255 North Ontario Street #40 Burkbank CA 91504-3120 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 051533 Civil Ternl vs. Michael W. Boone, mortgagor and real owner, : and Penny L Boone, Mortgagor 818 Torway Road Gardners, P A 17324 Defendants AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DELAWARE MARTHA E. VON ROSENSTIEL, attorney for the plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed the following information concerning the real property located at 818 Torway Road, Gardners, PA 17324. I. Name and address of owners(s) or reputed owner(s) Michael W. Boone 818 Torway Road Gardners, P A 17324 2. Name and address of defendant(s) in the judgment: Michael W. Boone 818 Torway Road Gardners, P A 17324 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 1 ......--' 4. Name and address of the last recorded holder of every mortgage of record: NONE 5. Name and address of every other person who has any record lien on the property: 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: NONE 7. Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau I Courthouse Square Carlisle, P A 17013 Cumberland County Register of Wills County Courthouse Carlisle, PA 17013 Attorney General of the United States c/o Assistant Attorney General, Tax Division U.S. Department of Justice Post Office Box 227 Washington, DC 20044 P A Department of Revenue Inheritance Tax Bureau Strawberry Square, II th Floor Harrisburg, P A 17128-1100 Family Court/Domestic Relations Office One Courthouse Square Carlisle, P A 17013 Bureau of Compliance Clearance Support Section/ATTN: Sheriffs Sale Dept. 281230 Harrisburg,PA 17129-1230 Dept. of Public Welfare Box 2675 Harrisburg, PA 17105 OCCUPANTS/TENANTS 818 Torway Road Gardners, P A 17324 . . ' 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. Section 4904 relating to unsworn falsification to authorities. Martha E. Von Rosenstiel Attorney for Plaintiff C'1 ~> C"' (':::~ "J r- c;_"", -0 ~J1 C) ...: r"",) >- , . .-: -.. , PRAECIPE FOR WRIT OF EXECUTION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JP Morgan Chase Bank F/K/A Chase Manhattan Bank As Trustee v. NO. 051533 Civil Term Michael W. Boone, mortgagor and real owner, and Penny!. Boone, Mortgagor Praecipe for Writ of Execution TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: AMOUNT DUE $124,737.79 INTEREST from 11/18/05 to SALE DATE At $20.77 per diem $ 2,305.47 (Costs to be added) $ Martha E. Von Rosenstiel Attorney for Plaintiff ", i.;~~: ,-J\ C) ~-n :;J hi N ~i . LEGAL DESCRIPTION ALL THAT CERTAIN tract ofland situate in the Township of Dickinson, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at an iron pipe set on the Westernmost dedicated right of way line of Torway Road (T534), said pipe marking the common point of adjoinder of Lots No.2 and 3 on the hereinafter mentioned plan of subdivision with said right of way line, thence departing from the right of way line of Torway Road, and extending along Lot No.2 North fifty three (53) degrees thirty (30) minutes zero (00) seconds West, for a distance of three hundred thirty three and eleven hundredths (333.11) feet to an iron pipe at lands now or formerly of Ralph Rice, North thirty four (34) degrees twenty two (22) minutes thirty (30) seconds East, for a distance of one hundred fifty and ten hundredths (150.10) feet to an iron pipe at Lot No.4 on the hereinafter mentioned plan of subdivision; thence extending along Lot No.4, South fifty three (53) degrees thirty (30) minutes zero (00) seconds East, for a distance of three hundred thirty-eight and sixty eight hundredths (338.68) feet to an iron pipe set on the Westernmost dedicated right of way line of Torway Road; thence extending in and along the Western most dedicated right of way line of Torway Road, South thirty six (36) degrees thirty (30) minutes zero (00) seconds West, for a distance of one hundred fifty and zero hundredths (150.00) feet to an iron pipe on said dedicated right of way line at Lot no. 2, said pipe marking the place of beginning. BEING designated as Lot No. 3 on a final plan of subdivision of Mandy Manor prepared for Harmon-Graves Company by Edward Mort, Registered Surveyor dated March 20, 1985 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsyvlania, in Plan Book 48 at page 102. BEING known as Parcel Number: 08-16-0210-121. TITLE TO SAID PREMISES IS VESTED IN Michael W. Boone by Deed from Michael Boone and Penny 1. Boone dated 7/23/2003 and recorded 8/1/2003 in Record Book 258 Page 2263. ':,--. v-, ~ ~ j;. ~ t~ 'L <:> - \ <:> -z c v,...... '-l ~ V\ (';, ::: \J' . V\ ~~"'~ \CJ \::l ~ () l\ , '"-" ~ ~ ~ ~ r"'> ~ C-'. " ~,' c..:') ,_.1 cri C) "n :c--:l rn , , -:: :; ~ ~, :~ (..:.: _-.I..::: r-~' --;"': .:-,; Ci -,--,1 ~-'" ., (n -.l ~D .< WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-1533 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP Morgan Chase Bank FIKlA Chase Manhattan Bank as Trustee Plaintiff (s) From Michael W. Boone, mortgagor and real owner and Penny I. Boone, Mortgagor (I) 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 trom paying any debt to or for the acconnt 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. Amount Due$I24,737.79 L.L.$.50 Interest from 11/18/05 to Sale Date at $20.77 per diem $2,305.47 Atty.s Cornm % Due Prothy $1.00 Atty Paid $201.04 Plaintiff Paid Date: November 21, 2005 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name Martha E. Yon Rosenstiel, Esq. Address: 649 South Avenue, Unit 7, P. O. Box 307 Secane, P A 19018 Attorney for: Plaintiff Telephone: 610-328-2887 Supreme Court ID No. 52634 LEGAL DESCRIPTION ALL THAT CERTAIN tract ofland situate in the Township of Dickinson, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at an iron pipe set on the Westernmost dedicated right of way line of Torway Road (T534), said pipe marking the common point of adjoinder of Lots No.2 and 3 on the hereinafter mentioned plan of subdivision with said right of way line, thence departing from the right of way line of Torway Road, and extending along Lot No.2 North fifty three (53) degrees thirty (30) minutes zero (00) seconds West, for a distance of three hundred thirty three and eleven hundredths (333.11) feet to an iron pipe at lands now or formerly of Ralph Rice, North thirty four (34) degrees twenty two (22) minutes thirty (30) seconds East, for a distance of one hundred fifty and ten hundredths (150.1 0) feet to an iron pipe at Lot No. 4 on the hereinafter mentioned plan of subdivision; thence extending along Lot No.4, South fifty three (53) degrees thirty (30) minutes zero (00) seconds East, for a distance of three hundred thirty-eight and sixty eight hundredths (338.68) feet to an iron pipe set on the Westernmost dedicated right of way line of Torway Road; thence extending in and along the Western most dedicated right of way line of Torway Road, South thirty six (36) degrees thirty (30) minutes zero (00) seconds West, for a distance of one hundred fifty and zero hundredths (150.00) feet to an iron pipe on said dedicated right of way line at Lot no. 2, said pipe marking the place of beginning. BEING designated as Lot No.3 on a final plan of subdivision of Mandy Manor prepared for Harmon-Graves Company by Edward Mort, Registered Surveyor dated March 20, 1985 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsyvlania, in Plan Book 48 at page 102. BEING known as Parcel Number: 08-16-0210-121. TITLE TO SAID PREMISES IS VESTED IN Michael W. Boone by Deed from Michael Boone and Penny I. Boone dated 7/23/2003 and recorded 8/1/2003 in Record Book 258 Page 2263. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS ONE COURTHOUSE SQUARE CARLISLE, PA 17013 To: Michael W. Boone 818 Torway Road Gardners, P A 17324 JP Morgan Chase Bank F/K/A Chase Manhattan Bank As Trustee C/O Residential Funding Corporation v. Docket# 051533 Civil Term Michael W. Boone, mortgagor and real owner, and Penny 1. Boone, Mortgagor Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania. you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. xxx Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings If you have any questions concerning this notice, please call: Attorney: Martha E. Von Rosenstiel, Esquire at this telephone number: 610-328-2887 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS ONE COURTHOUSE SQUARE CARLISLE, P A 17013 To: Michael W. Boone P.O. Box 235 Gardners, P A 17324 lP Morgan Chase Bank F /K/ A Chase Manhattan Bank As Trustee C/O Residential Funding Corporation v. Docket# 05 1533 Civil Term Michael W. Boone, mortgagor and real owner, and Penny 1. Boone, Mortgagor Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania. you are hereby notified that a Judgment has been entered against you in the above proceeding as in~~:~ .. jr,.~tho~otdr'~ 1 xxx Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings If you have any questions concerning this notice, please call: Attorney: Martha E. Von Rosenstiel, Esquire at this telephone number: 610-328-2887 . #16013-TM Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 Attorney for Plaintiff 3 JP Morgan Chase Bank F/K/A Chase Manhattan Bank As Trustee C/O Residential Funding Corporation 2255 North Ontario Street #40 Burkbank CA 91504-3120 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 051533 Civil Term vs. Michael W. Boone, mortgagor and real owner, : and Penny 1. Boone, Mortgagor 818 Torway Road Gardners, P A 17324 Defendants AFFIDAVIT OF SERVICE OF NOTICES PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DELA WARE MARTHA E. VON ROSENSTIEL, attorney for the plaintiff in the above action, hereby certifies that service ofthe Notice under Rule 3129.1, in the above matter was made on the defendants by Sheriffs Service and/or via certified mail, return receipt requested and by regular first class mail (unless otherwise stated) and on all interested parties, set forth below, by regular first class mail, postage prepaid, as evidenced by the attached certificates of mailing: I. Name and address of owners( s) or reputed owner( s) Michael W. Boone 818 Torway Road Gardners, PA 17324 Property Posted 1/6/06. 2. Name and address of defendant(s) in the judgment: Michael W. Boone Proper ty Posted 1/6/06. 818 Torway Road Gardners, PA 17324 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address of the last recorded holder of every mortgage of record: NONE 5. Name and address of every other person who has any record lien on the property: 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: Cumberland County Tax Claim Bureau J I Courthouse Square Carlisle, PA 17013 Cumberland County Register of Wills) County Courthouse Carlisle, PA 17013 Attorney General of the United States J c/o Assistant Attorney General, Tax Division U.S. Department of Justice Post Office Box 227 Washington, DC 20044 P A Department of Revenue '/ Inheritance Tax Bureau Strawberry Square, II th Floor Harrisburg, PAl 7128-11 00 Family Court/Domestic Relations Offic/ One Courthouse Square Carlisle, P A 17013 Bureau of Compliance ) Clearance Support Section/ATTN: Dept. 281230 Harrisburg, PA 17129-1230 j Sheriffs Sale Dept. of Public Welfare Box 2675 Harrisburg, PA 17105 OCCUPANTS/TENANTS / 818 Torway Road Gardners, P A 17324 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. Section 4904 relating to unsworn falsification to authorities. Martha E. Von Rosenstiel Attorney for Plaintiff b.~ ~!lfafS~~vTc~'" .' . ." CERTIFIED MAlt,. RECEIPT , (Domes"c Mall OnlY; No Insurance Coverage Provided) o IT' o <0 ru Lrl ~ ----;:age I $ m o o Cl flelum Receipt Fee (Endorsement Required) o Restrlcte-J Qe\\'1ery fee -D (Endorsement Requ;fl~d) ,-'l ,-'l Cerlified Fee f>ostt)'lJlr\<. H~re', 7....." < "( 'otal Post<'lge & Fees $ Lrl Michael W. B . o sc~Jt8 TorwayRoaif-.--.-----~~------ o r- :si,~..f~,PA.11324.,... ......m...m....' ...m'..... ,}r ,DO EJox No. If) ...........___nmoh,,,,,',,,,..__hmh"if)' d1- (;'i~. "Slale. iipt4' '1'\ ,W.I j.~',\::/". m D Certified Fee o a Relurrrf1ece!ptFea (Endorsemenl Required) o ...D Restricted Delivery Fee r-==I (Endorsement Requiled) M TOIa' Pol's!". &.1',.. L1l MICllael VV. tsO o ~Box235 o r- si2.~~~rM~~eA,..m~4'h O{ PO Box No. ..n o M <0 ru Lrl <0 M 1.:Jtj;,-siate: ZiPt4----n ( :</1 '.(. p~ ~'Z:rk \( / \:.....- .- \ rf);; '.[,;1'<' __,_.~1m7:" I;,. ~ ,,} ~ ' ' ~ 1: , SMi R8Vef" for Inslrbet1(1tls U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAYBE USED FOR DOMESTIC AND TNTERNA'DONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: MARTHA VON ROSENSTlEL, P.C. 649 SOUTH AVENUE UNIT 7 SECANE, PA 190]8 One piece of ordr.ary mail addressed to: Michael W. Boone 818 Torway Road Gardners, PA. 17324 PS Form 3817, Mar. 1989 I J u.s. POSTAL SERVICE CERTIFICATE OF MAILING MAYBE USED FOR DOMESTIC AND tNTERNA TIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: MARTHA VON ROSENSTIEL, P.C, 649 SOUT~E UNIT 7 SECANE, PA 190]8 One piece of ordilary mail addressed to: Michael W. Boone P.O. 89l< 236 Gardners, PA. 17324 PS Form 3817, Mar.1989 1/,(1:-'> r-(', <) ,- :t._..,_ J> -...J _.lr....lo .. AlltJ;l1~ !J..fre In stamps Onmetn':JlO.ge md POR'mMk.. Inquire of Posfm_er fat current fe~~ t:;) \jNt'1'l ij \::1 j'l ,.~. \.i' ~) j ;. '.,f)'j, S .F....l~. .." ,'7; \.--' . tJ,' , 0 ~ ' '.~ ~ '~',' '<l..';:ll,.' C'J 0 .,q;J -0 mtne/' sS3 At~ ~ ,.~re.\n stamps Or,S'~r J'Os.l.age lI'ld PO~l;Il}alk. In'quire of Postmi-ter f~ current fees. ' ~. O')H7to ; or'~ r<lIQ1 ~ C) 0 ~~ .1 ~ C) ~,{, ;~, !~ .~ ~~ ,~lll ti ';'C"l.,' r-i . (jj'~ ~ rom ~ "-z C-c "'3 (fJc- ,~ m m ~ ~ "-0 ~ - "U o' g ~ ""U:tl-UZ-l g ~ ro" 3 S -o~.@ rr~ < ~ m 3;m ~ fio. c;t (1)~ ~ (8';. 1~ f'--r-r'( "U o ~ 3 m ~ J€ "U ~ Z m 3 m 8, '" m g ". S. '" m I "' ! ; S" --l 0 $: 3 --l ?~ffig~~~ ) iil 3 5 0. 3-. - 1. ~ Ql <<l 0 c ~ ;~~'o.:Jg3g. L c CD 3 S" Q. 19>3' ~ g-~ )<11:5" --I::; 3 ~ JOa.~ro::J o' lom3g~::J ) 3 3 :J 0 ::(tI:J W /Il"O- (Jl ;:::;.:~. ~ ~ < r) ~.'< 3 C ll:I m ) (')"'C C g. 0" c )~~3~rro~. j =.: ~ S' _. 0' (JI f S:rog-~;:::'2 ~~jji"3~ffi~. ~. c foI)~':J ..., ro : ~N.;t n ~ 0. );lJY.OUCDOO - to II) iir:J :J F88'Di ~~lll ::. O'2:~fi a. ,. en..... CD. ..... 0 i~"'" 0 gcr3 l wJg:J o:J CD i -ll.l ~!:r-c s,~. :;:J {I)"'C Ql :J (') : ~~ m-g, g gJ "<D III (") ::l 0. 1 N 3 CD ~ -. t::~~~ 9.ffi- r:.~ 3~~~ 1 3";a. 9! U CD g ~ fir~. 9- 0- g- ~ ! 5":T ~ Ql g ::;- a.g e: 3' 3 Jg n~~;:::;':~Ui ~ g S' S, or ~ ml1llll{flcCD iil';;~gs~a. l.:rg g ~?~ ~ g~@g~= ;:::;" iii"o-o--l ~ ~ &')"0 ro :J'" i (J'lm (/) CD1 J o""'(Jl , 0 I ~ o For Accountable Mall (() ..... OJ ... W N ~ 'II: .... '" 0 .... CoO '" co Ie;) co 0 I -0 0 I 0 )> () OJ (") ..... "T1 I (fJ :J iJ :z: ""0 C -l 0 )> 0 0 () ~~g~o~~~Sro~~ow3~@~)>wooo~og~gc ~ c....,. _....,_..wro=o ....,~CDO(Jl.. ....,=~3 ~~uffi'aJO~'N(fJ@w~c~~'rraCD~roog)>~~_rr ~~wgo-gco~~c~~ogCD~~~OCDS.~~~~~ (JI <:: ~ a x "U p N co @ S, "U 0 0 ~ ~ () 0 - x -g ~. Uj' G) "U 0 W ~~~- ~g.- W~(j')o:t>cc- ro-g~;:+garCD:t>g 5- :t>::oCD"U-..I~"UO(j')co' ~C!:"U~o;-lffiJ~ -..13 ~::J:""';:+::o ~~::JOJ~~<~ ~~~~(j')~~cx<g ~ :t>~OJ-..I5co -..I~ ~ <~ coo~o~ ~W[JJCD _ - OC~ a::J CD -'~c3 ~ ~ S-~(JI-' ~ 1ii:10::;;:1 ;:+~trJwco:1_CD~c~ 9, 39,trJCDS!t ,~ ~ N (j) () m S!t N ~ CD CD 0 L _ CD I ~CDCO roro -'(Xl~w~c:ro::r""" I () () ~c: ... (Jl_ '< '" 0 , ::::!':::O :r - G) - II 0 ro"TI &r ro~ ~=. ::J W '0 ::J(j') ::::!': Q ro (jj I g ~ , ~ I 1 "~,, ~ OC =03 ~cC' (D";:+ro ~ ::r ~ lJoOJ :pc=> . ~ 0. ~"'" -.Jeno 0.0 c ~c=> WOJ- ~'< "'-i OJ x " OJ 3 4lJ ._ 0 ;; C:.> )~'!1:'~ N"l~ 't ..", ~,).. ~.; l.o..") ::J ., '.:, ~. .~ ';;~.~i .~'~ II i ), :l I (( I:i H z" ~ ::! rr" ~ ill z '" 3 '" lJo 0_ ~:p o~ ~{il () ~ '" ~ :p'" 0.5" g.en '" - ~ ~ (Jl~ lJ o ~ Iii '" '" "I OJ'''' m => ~ 0. (0= '" => '" ffiJ <:t> (O-..~ -.:::;; c: n.. ~ ro' <" m ~ _0 o " roro ~ "en "roo 05.c o~ro ~:u ro ro :u ? -;pCl),:: ro 9,~ "'T1(1)'J ro ~,. ro I :u ro 3 '> " r S ro "T1 '" '" .:-~s ,3 '" => 0. en )> C1I Q. Gl 2 :::I 0 Q.:::I III ~""CilQ.3 '" ~ '" , ~ ...... '-..1.)>3: ~Q)::+)> ~~Q::o Q.,-:::J-t o ~ (D ::I: ~:::J'<)> :::JCII)>m (1) Q. _. - 0 ""CJ::eI;< :p:>=;0 ~'" z CD:p ;0 0< 0 ~(1) C/J m z en ... iii .r lJ o ODD 0 00S" ;0 '" o~ m ao~ '" '" '" in' ~ 0. ro <;; DO 0. m3' 0'0 12::; ~ ;0 <;;;0 5:", ~ '" "'- ~ () ~ c 5:~ () ~ OJ'=> ",0. OJ ;0 :.;~ 5,,,, -. () 0 ~ '" ~ '" -. ~ ..J..... :J"oo;oa ~:2: :2:~..... ~s:s:* ~ g o"iii - "- d'~~ S~~ -~ c _.a .. ii3 ~ g .. ''':"i''' .4 iJ'- i~ ,~ , t., m n "-'" "-~ ;::;::::; (5'ili ~ 0 '!Co 2 3 "Om (ii'=: ~ ~ 0'" -0 2:::; ~ 0 ~.... ~ ro ro -n n ~::;-, -::::1 ;. \ ~ 0) ~,.--, f.-::? \ ",">. {ikC 13TI~ . Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney LD.# 52634 Attorney for Plaintiff :3 JP Morgan Chase Bank F/K/A Chase Manhattan Bank As Trustee C/O Residential Funding Corporation 2255 North Ontario Street #40 Burkbank CA 91504-3120 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 05 1533 Civil Term vs. Michael W. Boone, mortgagor and real owner, : and Penny I. Boone, Mortgagor, D 818 Torway Road Gardners, P A 17324 Defendants SUPPLEMENTAL AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DELAWARE MARTHA E. VON ROSENSTIEL, attorney for the plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed the following information concerning the real property located at 818 Torway Road, Gardners, PA 17324. I. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Yellow Book USA, Inc. 2560 Renaissance Boulevard King of Prussia, P A 19406 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. Section 4904 relating to unsworn falsification to authorities. \.. / ~artha E. Von Rosenstiel Attorney for Plaintiff . US. POSTAL SERVICE CERTIFICATE OF MAILING MAYBE USED FOR DOMESTIC AND JNTERNA TlONAL MAIL. DOES NOT PROVIDE FOR rNSURANCE-POSTMASTER Received From: ..------ MARTHA VON ROSENSTIEL, P.c. 649 SOUTH A VENUE UNIT 7 SECANE, PA 19018 One piece of ordinary mail addressed to: "c Yelton Ooek USA, Ino:' ~'- . " 2560 Renaissance Bouta~atd King of Prussia, PA. 19406 PS Form 3817, Mar. 1989 -3 (1-.9 SlJ../j'""-IP V1 0-........ ... Am~i~ i'li,stamp, Or ~te po,tage lI'ld Post mar . In<lll.ire of Postm r foreurrent feesP OIJNI~b ~ O~P" ~ ~It'~ j If! ~ ~ ~ 11' ; ;;;,~ 'I tJJ "'~ ~ O\J'.ijl _';/ ~ c-' ~l ....ON ""0-0- ....,,'.. l' ''''':;_3 c'.! --------#..--- -";1 :--, ;'i\ ,-j c: - - 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 JP Morgan Chase Bank is the grantee the same having been sold to said grantee on the 8th day of March A.D., 2006, under and by virtue ofa writ Execution issued on the 21st day of No v, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 1533, at the suit of lP Morgan Chase Bank fka Chase Manhattan Bank Tr against Michael W Boone & Penny I is duly recorded in Deed Book No. 273, Page 3663. IN TESTIMONY WHEREOF, I have hereunto set my hand il97k ,A.D. r:2 00 C and seal of said office this day of My ;.., . ... JP Morgan Chase Bank f/k/a Chase Manhattan Bank as Trustee VS Michael W. Boone and Penny 1. Boone The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-1533 Civil Term Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on January 06,2006 at II :49 o'clock AM, 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: Michael W. Boone, by posting the premises located at 818 Torway Road, Gardners, Cumberland County, Pennsylvania, pursuant to the order of court, by law. Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on January 06, 2006 at II :49 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 Michael W. Boone and Penny 1. Boone located at 818 Torway Road, Gardners, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being dwy 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: Michael W. Boone, by regular mail to his last known address of 818 Torway Road, Gardners, PA 17324. This letter was mailed under the date of January 10, 2006 and returned to the Sheriffs Office on January 12,2006 with reason marked "Not Deliverable as Addressed - Unable to Forward." 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: Marlene M. Deibel a/k/a Marlene M. Smyser a/k/a Maureen Deibel, by regular mail to her last known address of Brandy Lane Trailer Park, Lot I, Mechanicsburg, PA 17055. This letter was mailed under the date of February 03, 2006 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 March 8, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Martha E. Von Rosenstiel for JP Morgan Chase Bank f/k/a Chase Manhattan Bank as Trustee. It being the highest bid and best price received for the same, JP Morgan Chase Bank f/k/a Chase Manhattan Bank as Trustee of c/o Residential Funding Corp of2255 N. Ontario Street, Burbank, CA 91504-3120 being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$I,120.85. Sheriffs Costs: Docketing Poundage Posting Bills $30.00 26.01 15.00 ~ Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Posting Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 15.00 30.00 10.00 .50 1.00 6.16 9.28 15.00 30.00 6.00 .78 455.00 389.60 21.05 25.00 39.50 $ 1,120.85 Sworn and subscribed to before me 2006, A.D. ~o~rs:~~ ~~- ~ , R. Thomas Kline, Sheriff ~Jpi-' J()'~ 1.50 UU 5.331't /2tv 1717~ ..,~ . Martha E. Von Rosenstiel, P .C. Martha E. Von Rosenstiel 649 South A venue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney LD.# 52634 Attorney for Plaintiff IP Morgan Chase Bank F/K/A Chase Manhattan Bank As Trustee C/O Residential Funding Corporation 2255 North Ontario Street #40 Burkbank CA 91504-3120 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 05 1533 Civil Term vs. Michael W. Boone, mortgagor and real owner, : and Penny 1. Boone, Mortgagor 818 Torway Road Gardners, PA 17324 Defendants AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DELAWARE MARTHA E. VON ROSENSTIEL, attorney for the plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed the following information concerning the real property located at 818 Torway Road, Gardners, P A 17324. 1. Name and address of owners(s) or reputed owner(s) Michael W. Boone 818 Torway Road Gardners, PA 17324 2. Name and address of defendant(s) in the judgment: Michael W. Boone 818 Torway Road Gardners, PA 17324 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE .- , --" 4. Name and address of the last recorded holder of every mortgage of record: , NONE 5. Name and address of every other person who has any record lien on the property: 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: NONE 7. Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau I Courthouse Square Carlisle, PA 17013 Cumberland County Register of Wills County Courthouse Carlisle, PA 17013 Attorney General of the United States c/o Assistant Attorney General, Tax Division U.S. Department of Justice Post Office Box 227 Washington, DC 20044 P A Department of Revenue Inheritance Tax Bureau Strawberry Square, II th Floor Harrisburg, PA 17128-1100 Family Court/Domestic Relations Office One Courthouse Square Carlisle, PA 17013 Bureau of Compliance Clearance Support Section/ATTN: Sheriff's Sale Dept. 281230 Harrisburg, PA 17129-1230 Dept. of Public Welfare Box 2675 Harrisburg, PA 17105 OCCUPANTS/TENANTS 818 Torway Road Gardners, P A 17324 - I verify that the statements made in thi~ 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. Section 4904 relating to unsworn falsification to authorities. Martha E. Von Rosenstiel Attorney for Plaintiff -.' . bZ :[ ci ZZ Am! ~OGI ; . , " '''.' _:.~:! , ,. j 1 , MarthaE. VonRosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney LD.# 52634 Attorney for Plaintiff IP Morgan Chase Bank F/K/A Chase Manhattan Bank As Trustee C/O Residential Funding Corporation 2255 North Ontario Street #40 Burkbank, CA 91504-3120 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 05 1533 Civil Term vs. Michael W. Boone, mortgagor and real owner, : and Penny 1. Boone, Mortgagor 818 Torway Road Gardners, PA 17324 Defendants THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Michael W. Boone 818 Torway Road Gardners, P A 17324 Your house and/or real estate at 818 Torway Road, Gardners, P A 17324 is scheduled to be sold at Sheriff's Sale on March 8, 2006 at 10:00 a.m. to enforce the court judgment of$124,737.79 obtained by JP Morgan Chase Bank F/K/A Chase Manhattan Bank As Trustee C/O Residential Funding Corporation against you. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take IMMEDIATE action: 1. The sale will be cancelled if you pay to JP Morgan Chase Bank F/K/A Chase Manhattan Bank As Trustee C/O Residential Funding Corporation the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call (610) 328-2887. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may contact 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. rfthe Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling (610) 328-2887. 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 the 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 (610) 328-2887. 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 a 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 on a date to be announced by the Sheriff. 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 Schedule of Distribution is posted. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCA TION 2 LIBERTY AVENUE CARLISLE, P A 17013 (800) 990-9108 (717) 249-3166 . , . CLAIM FOR EXEMPTION To the Sheriff: I, the above named defendant, claim exemption of property from levy or attachment: (I) From my real property in my possession which has been levied upon, (a) I desire that my $300.00 statutory exemption be set-aside in kind (specify real property to be set-aside in kind): I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at (Address) (Telephone Number) I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Signature THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 717240-6391 LEGAL DESCRIPTION ALL THAT CERTAIN tract ofland situate in the Township of Dickinson, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at an iron pipe set on the Westernmost dedicated right of way line of Torway Road (T534), said pipe marking the common point of adjoinder of Lots No.2 and 3 on the hereinafter mentioned plan of subdivision with said right of way line, thence departing from the right of way line of Torway Road, and extending along Lot No.2 North fifty three (53) degrees thirty (30) minutes zero (00) seconds West, for a distance of three hundred thirty three and eleven hundredths (333.11) feet to an iron pipe at lands now or formerly of Ralph Rice, North thirty four (34) degrees twenty two (22) minutes thirty (30) seconds East, for a distance of one hundred fifty and ten hundredths (150.10) feet to an iron pipe at Lot No.4 on the hereinafter mentioned plan of subdivision; thence extending along Lot No.4, South fifty three (53) degrees thirty (30) minutes zero (00) seconds East, for a distance of three hundred thirty-eight and sixty eight hundredths (338.68) feet to an iron pipe set on the Westernmost dedicated right of way line of Torway Road; thence extending in and along the Western most dedicated right of way line of Torway Road, South thirty six (36) degrees thirty (30) minutes zero (00) seconds West, for a distance of one hundred fifty and zero hundredths (150.00) feet to an iron pipe on said dedicated right of way line at Lot no. 2, said pipe marking the place of beginning. BEING designated as Lot No. 3 on a final plan of subdivision of Mandy Manor prepared for Harmon-Graves Company by Edward Mort, Registered Surveyor dated March 20, 1985 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsyvlania, in Plan Book 48 at page 102. BEING known as Parcel Number: 08-16-0210-121. TITLE TO SAID PREMISES IS VESTED IN Michael W. Boone by Deed from Michael Boone and Penny 1. Boone dated 7/23/2003 and recorded 8/1/2003 in Record Book 258 Page 2263. . , DE :E d a liON SOGZ .;." ..:....l\ ,., -.', ,)~) ~ ~ ,d. . ,i,) JJ"LUd , WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) N005-1533 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP Morgan Chase Bank F/KJA Chase Manhattan Bank as Trustee Plaintiff (s) From Michael W. Boone, mortgagor and real owner and Penny I. Boone, Mortgagor (I) 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 narned garnishee, you are directed to notifY himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due$124,737.79 L.L.$.50 Interest from 11/18/05 to Sale Date at $20.77 per diem $2,305.47 Atty's Comm % Due Prothy $1.00 Atty Paid $201.04 Other Costs Plaintiff Paid Date: November 21, 2005 (Seal) By: Deputy REQUESTING PARTY: Name Martha E. Yon Rosenstiel, Esq. Address: 649 South Avenue, Unit 7, P. O. Box 307 Secane, P A 19018 Attorney for: Plaintiff Telephone: 610-328-2887 Supreme Court ill No. 52634 Real Estate Sale # 11 On November 30, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Township of Dickinson, Cumberland County, PA Known and numbered as 818 Torway Road, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 30, 2005 By: )(Jcf4 5~ re> c::;;:;l ~ ~ ~ Real Estate Sergeant b7 .r (,. .t G-':> "'0'1 rrn7 c... 1\' I' :Jtj" ~ < :! d ":' I " 'I..... THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot.News and The Sunday Patriot.News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. Swom to and subscribed be r 2006 A.D. PUBLICATION COPY S ALE #11 NOT PUBLIC My commission expires June 6, 2006 . , CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 "'! . .J,' .... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : 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, v!z: January 20, 27, February 3,2006 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. r SWORN 0 AND SUBSCRIBED before me this 3 day of February. 2006 ~A~)~. briOA) f''''---'~-''- ~.,.^.,""':' :.. ".,..,,;; r,...".. "., ~; r.,::'~-7 ;,:- '.,:'_> ),j; ~ .., ,.. ~I 1..'2:,,::-~'.. I!O;:~f' Co,) " (', ,~'" ," ; :",:1;(:: i ")i: IIBAL BlITATB IAL& 110. 11 Writ No. 2005-1533 CMl JP Morgan Chase Bank f/k/a Chase Manhattan Bank as Trustee vs. Michael W. Boone and penny I. Boone Atty.: Martha Van Rosenstiel LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the 'Township of Dick- Inson, County of Cumberland, and Commonwealth of Pennsylvania. being more partlcularly bounded and described as follows, to wit: BEGINNING at an Iron pipe set on the Westernmost dedicated right of way line of Torway Road lT534), said pipe marklng Ihe common point of adjolnder of Lots No.2 and 3 on the hereinafter mentioned plan of subdivision with said right of way line, thence departing from the rtgItt of way line of Torway Road, and extending along Lot No.2 North fifty three (53) degrees thirty (30) min- utes zero {OO} seconds West. for a distance of three hundred thirty three and eleven hundredths (333.11) feet to an Iron pipe at lands nOW or formerly of Ralph Rice. No:rtl1 thirty four (34) degrees twenty two (22) minutes thirty (30) seconds East, for a distance of one hundred fifty and ten hundredths (150.10) feet to an iron pipe at Lot No.4 on the hereinafter mentioned plan of 8ubdlvlolon; thence extending along Lot No.4, South fifty three (53) de- grees thirty (30) minutes zero (00) -.xxIs East, for a distance of three hundred thlrty-elgltt and sixty eight hundredths (338.68) feet to an Iron pipe set on the Westernmost dedi- cated right of way line of Torway Road; thence extending In and along the Western most dedicated right of way line of Torway Road, South thirty six (36) degrees thirty (30) minutes zero (OOl seconds West. for a distance of one hundred fifty and zero hundredths (150.00) feet to an Iron pipe on said dedicated rlghl of way line at Lot no. 2, said pipe marking the place of begtnntng. BEING deSignated as Lot No. 3 on a final plan of subdivision of Mandy Manor prepared for Hannon- Graves Company by Edward Mort. Registered Surveyor dated March 20. 1985 and recorded in the Of- fice of the Recorder of Deeds in and for Cumberland County, Pennsylva- nia, In Plan Book 48 at page 102. BEING known as Parcel Number: 08-16-0210-121. TITLE TO SAID PREMISES IS VESTED IN Michael W. Boone by Deed from Michael Boone and Penny I. Boone daled 7/23/2003 and recorded 8/1/2003 in Record Book 258 Page 2263.