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HomeMy WebLinkAbout06-0114 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION CHASE HOME FINANCE, LLC, slblmft Chase Manhattan Mortgage Corporation, Plaintiff, NO.: 01- -- II ~ 8u~L't8L~ vs. TYPE OF PLEADING: NICOLE L. LETIZIA, CIVIL ACTION-COMPLAINT IN MORTGAGE FORECLOSURE Defendant. FILED ON BEHALF OF PLAINTIFF: TO DEFENDANT You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF / ? ,. ,c7/ /f ' '......__'. ,CLue LA--C1J(, (,f-I---C^,(/'~ ATTORNEY FOR PLAINTIFF Chase Home Finance, LLC, slblmft Chase Manhattan Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3415 Vision Drive Columbus, OH 43219 Kristine M. Anthou, Esquire Pa. lD. #77991 1101 Franklin Street Carlisle, PA 17013 GRENEN & BIRSIC, P.c. One Gateway Center 9 West Pittsburgh, PA l5222 (4l2) 281-7650 AND THE DEFENDANT IS: ~ /VAL iJ{ ,~ LZ / K 1/.1. II- L''- ATTORNEY FOR PLAINTIFF CERTIFICATE OF LOCA nON I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 1101 Franklin Street Boroul!h of Carlisle 5th Ward (CITY, BORO, TOWNSHIP) (WARD) /~A..LJt--L,L~t' U" {I.j~ A ORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE, LLC, slblmlt Chase Manhattan Mortgage Corporation, CIVIL DIVISION Plaintiff, NO.: vs. NICOLE L. LETIZIA, Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days aftl~r this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone (800)990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CNIL DNISION CHASE HOME FINANCE, LLC, slb/mlt Chase Manhattan Mortgage Corporation, Plaintiff, NO.: Ob ~ //'1 Cl-UtL~~ vs. NICOLE L. LETIZIA, Defendant. CNIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Chase Home Finance, LLC, slblmlt Chase Manhattan Mortgage Corporation, by its attorneys, Grenen & Birsic, P.c., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Chase Home Finance, LLC, slblm/t Chase Manhattan Mortgage Corporation, which has its principal place of business at 3415 Vision Drive, Columbus, Ohio 43219. 2. The Defendant, Nicole L. Letizia, , is an individual whose last known address is 1101 Franklin Street, Carlisle, P A l7013. 3. On or about January 7, 2000, Defendant executed a Note in favor of Equity One, Incorporated in the original principal amount of$74,949.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about January 7, 2000, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Equity One, Incorporated a Mortgage in the original principal amount of$7 4,949.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on January 7,2000, at Mortgage Book Volume 159l, Page 174. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Equity One, Incorporated assigned all of its right, title and interest in and to aforesaid Note and Mortgage to Plaintiff pursuant to a certain Assignment of Mortgage recorded in the Office of the Recorder of Deeds of Cumberland County on March 6,2000, at Mortgage Book Volume 639, Page 609. 6. Defendant is the record and real owner of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendant is due for the July 1, 2005 payment. 8. Plaintiff was not required to send Defendant wIitten notice pursuant to 35 P.S. g1680.403C (Homeowner's Emergency Mortgage Assistance Act of 1983 - Act 91 of 1983) prior to the commencement of this action for the reason that the aforesaid Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act (12 D.S.C. gg 1707-1715z-18). 9. Plaintiff was not required to send Defendant written notice of Plaintiffs intention to foreclose said Mortgage pursuant to 4l P .S. g403 (Act 6 of197 4) prior to the commencement ofthis action for the reasons that said Mortgage is not a "residential mortgage" as defined in 41 P.S. g I 01 and the Defendant is not a "residential mortgage debtor" as defined in 41 P.S. glOI. lO. The amount due and owing Plaintiff by Defendarlt is as follows: Principal Interest to 12/23/05 Late Charges to 12/23/05 Escrow Deficiency to l2/23/05 Corporate Advances Unapplied Fund Attorney's fees Title Search, Foreclosure and Execution Costs $66,860.88 $ 1,794.43 $ 0.00 $ 2,146.27 $ 0.00 ($ 142.99) $ 1,300.00 $ 2.500.00 TOTAL $74,458.59 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of$74,458.59 with interest thereon at the rate of$10.07 per diem from December 23, 2005, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale ofthe mortgaged premises. GRENEN & BIRSIC, P.C. /i ), ()( /: BY: t'LLIlLcICtk {U(A~ Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Nine West Pittsburgh, PAl 5222 (412) 28l-7650 THIS IS AN ATTEMPT TO COLLECT ADEBT, AND ANYlNFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" . ~' MUltiSI.tOAIG'NA~DJUSTABLE RATE LN# 00222043 . NOTE FHA C~ No. 441-61BOSS6 January 7. 2000 IDlle1 1101 Franklin Street.Carlisle.PA 17013 i'ropcny AQdras) .. PARTIES "Borrower" means each person signing allhe ~nd of Ihis Nole. and the person's successors and assigns. "Lender" means Equity One. Incorporated. a Pennsylvania Corporation and its successors and assigns. Z. BORROWER'S PROMISE TO PA Y; INTEREST In return for a loan received from Lender. Borrower promises to pay the princip,al sum of Seventy Four Thousand Nine Hundred Forty Nine and no/l00 Dollars (U.S. $ 74,949.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the dale of disbursemem of the loan proceeds by Lender. al a rate of Seven and One I Qua rter prrcenl ( 7.2500 %) per yeat until the full amount of principal ha.<; been paid. The interest rate may change in accordance with Paragraph See) of this Nole. 3. PROMISE TO PAY SECURED Borrower's promise (0 pay is secured by a morlgage, deed of trust or similar sa::urity itlstl110lCnt that is dated the same date liS this Note and calted the "Security Instrument." That Security Instrument protects the Lender from losses which might resllll if Borrower defaults under Ibis Note. , 4. MANNER OF PAYMENT (AI Tim. 'Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on . March 1 2000. Any principal and inferest remaining on d1C first day of February 2030 ,will be due on thl.tdate, whlch \scal\ed the "Maturity Date.. (B) PI... PaymenlShall be madeat 523 Fellowship Rd.. Mt. Laurel. NJ 08054 or al such othc:r place as Lender may de5ignate in writing by notice to Borrower. (C) Amount IniLially, each monthly payment of principal and interest will be in lbe amount of U.S. $ 511.28 This amount will be pan Of a larger momMy payment Rquittd by tbe Security Ins.trument that shan be applied to principal, inlereS( and other items tit the order described In the Security Insuumtnt. This amount may change in accordance with Paragraph 5(E) of this NOI~. I 5. INTEREST RATE AN!> MONTIIL Y PA ThlENT CIlANGES 1M Chang. Dat. I The inteteSt ratt may change on the firsl day of Apri 1 2001. and on that day of each succeedins year.. ~Change Dale. means each date on which the interest rate could change. ~~~ I . Beginning with, the first Change Date, the interest rate wUl be based on an IndeJt.. "lndex. means the w<<ldy average yield on United St,tts Treasury Secwities adjusted to a constanL maturity of one year, as made available by me Federal Reserve Board. ~Current Index" means the most recent Index figure available 30 days before the Change Date. If me Index (as I ' ntA MulIBtale AlijUSlable Rate NOIe' 1019! 48\ .590 IWOl1 I VMPMORTGMlEFOFlMS1'11OO1521.121l1 l \ I \L hp, \.,l a W:WOt.95 1 _-'I'~ , IIII~II m II i~ III~ Iii ~~ 1 1~1/~lm~llmWIII ' 111110 I I ! i '. .1 . defined above) is no IOngJr available, Lender will use as a new index any indu prescribed by the Secretar) (1lS defined in Paragraph 7(8)). Lender will give Borrower notice of the new lrujex. (C) Calru'alion or J~terest Rate Changes Before each Change Dalt, under will calculate a new inleresl rate by adding a margin of Two and Three / Quarters 1 pcrcemage poim(s) ( 2. ?500 %) to the Current Index and rounding the sum \0 Che "crest one-eighth of one percentage point (0.125%), Sul)jecllO the limits staled in Paragraph 5(0) of Ihis NOle, Ihis rounded BJ.no,unt will be the new interest fale until the next Change Date. (D) Limits on Inle~l Rate Chanles The exlsHng interesl lale will never increase or decrease by more than one percentage point (1.0%) on any single Change Dale. The inlcresl ~a(e will never be morc than fIVe percentage points (5.0%) higher or lower than tht, initial interest r:lle statl'd in Paragraph 2 of this Nale, (El CulculaUon or Payment eh.nie If the interest ra'f changes on a Change Dale, Lender will calculale the amount of monthly paynlt.'Illuf principDI and iWtrest whic.h would be n~ssary 10 repay the unpaid principal balance in full ~Il Ihe Maturity Da\e lit Ihe lK.'W Interest rate lhrough substantially equal payments. In making such calculalion, Lender will use the unpaid princip~ balance ",,'hieh would be owed on the Change Date i'r there had been no default in payment on the NOle, reduced by the amount of any prepayments \0 principal, The result of Ihis hIclllation will be the.anlount of the new monthly payment of principaJ and interest (I') NoUce of Changes Lender will give notice to Borrower of any change in the imerest rate and monthly payment amount, The notice musl be given .tleasl 25 days before Ihe new monthly payment amount is due, and mus;1 set forth (i) the date of the nollce, (ii) the Change Date, (Hi) the old interest fllle, (iv) the new Jnu:resl rate, (v) the new monthly payment amount, (vi) tht: Current Index and the date it was published, (vii) the method of calculating the change in monthly payment amount, JIKI (viii) any other' i.nformation which may be required by law from time to time, (G) Effective Date or Cb80tes A new Interest rate c.rdcuhued in accordance with Paragraphs 5(C) and 5(1)) of Ibis Note will become dfccdve on the 'Change Date, Borrower sha}.l make a payment in the new monthly amount beginning on the first payment dlle which occurs at least 25 days after Lender has &.iven Barrower the notice of changes required by Paragraph 5{F) of this Note, Borrower shall have no oblig;ltion to p.y any increase in the monthly payment amount calculated in accordance with Paragraph 5(E) of this Note for any payment date' occurring less than 25 days after Lender has given the required nodce, If the monthly payment amounl cal:culalcd in accon;J.ance with P8Tagraph S(E) of this Note decreased, but Lender failed \0 give timel)' notice of me decrease and Borrower madF any momhly payment amounts exceeding the payment amount which should have been stated In a timely notice, then Borrower has the option to either (i) demand the retum'lo BorrOwer of any e~ payment, with interest thereon at the Note rate (a !ate equal to the interest rile which should have been SUited in a limely notice), or (ii) request lhal any excess payment. with interest thereon at the Note rale, be applied as payment of principaL Lender's obligation to return any excess payment with interest on demand is not assignable even If this Note is otherwise assigned before the demand for relum is made. , 6. BORROWER'S RIGHT TO PREPA Y Borrower has me right,to pay the debt evidenced by this Note, in whole or in part, without charge or penall)'. on (he firsl day of an)' mamh, Lender shall accept prepayment on other days provided thai borrower pays interest OD the amount prepaid for the n:mainder of the month to the extent required by Lender af1d penniued by regulations of me Secretary, If Borrower makes a par1ial prepayment, there will be no changes io !he due date or in the amouR[ of the monlhly paymenl unless under agrtt$ in writing to those changes. I 7. BORROWER'S FAILqu: TO PAY (A) Late Charle tor Overdue Payments If Lender has ~ received the full monthly payment required by the Security instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due. Lende.~r may coUect a late charge in tbe amoun( of Four I percent ( 4.0000 ~)oftheoverdueamounl of each payment. (8) Default I . If Borrower defaults by failing to pay in fuU any monthly payment, then Le[1der may, cxcept IS limiled by regulations of the Secrefary in the case 6f payment defaults, require Unmtdiate payment in full of' the principal balance remaining due and , all accrued interest. Lendcrl may choose not to exercise this option without waiving ,its rightS in the event of any subsequeot I I i I _-6901'6(1) . ,.....NLL P~.2ol'3 .. . default. This NOle docs ndt a~thofi2,e acceleration when nOl penniued by Hun tcgulations. As used in Ihi, Note. "Secf~.tary" means the Secretary of HO~5ing and Urban Development or ilis OJ her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full. as described above. Lent'" 'lY require Borrower In pay COSIS and expenses including reasonahle and customary auaeneys' lees for enforcing this NulC I. . exlent not prohibilrd by applicabk law, Such [ttS a(Id COStS sh'all bear imerest from the dale of disbursemCnl at Ihe same rale as the principal of Ihis NOlt. I 8. WAIVERS I BOHower and any olher person who has obligalions under this NOlf w~live Ihe righn of presentment and notice of dishonor. "Presenlmen," ~eans (he right to require Lender 10 demand paymenl of amoums due. '.Notice qf dishonor" means lhe righl to require lender to givc nOl)Ce to other persons !hat amounts due have nOI been paid I . 9. GIVING OF NOTICES Unless applicable 18.w:requircs a different melhod. any notice lhat mllS{ be given to Borrower under this Note will be liven by delivering, it or by mailing it by first class mail to Borrower at the properly address above or at a different addJ~s if Borrower has ,given Lende~ a notice of Borrower's different address. An)' notice mal must be gi'len to lender under tbis Nole will be given by first etass mail to Lender at Ihe address Slaled in Paragraph 4(8) or at a diff~rent address jf Borrower is given a notice of that dlfferem address. 10. OBLIGATIONS OF PERSONS UNDER THIS NOTE , If mof(: than one person signs this Note, tach person is fully and personallye,bligaled 10 keep all of the promises made in d1is NOle, inCluding the prQmise 10 pay the full amount owed. Any person who is a guaranlor, surety or endorser of this NOlt is also obJigaloo (0 do lhese $ings.. Any person who takes over these obligalions. including lhe obligations of .a guarantor. surety or end9rser of lhis Nme. is ,also obligated 10 keep all of the promises made. in this Nme. under may enforce ilS rights under this NOle agai,ost each person individually or against aU sigIUltories together, Anyone person signing this NO\e may be required 10 .pay all of lhe amounts ow~ under lhis. Note, , . BY SIGNING BELO~, Botrower accepts and agrees to the leems and C()\lenant~i contained in lhis Note. (seW) -Bon-ower '1W~ \~~#~ Nicole L. Letizia -Borrower (Seal) (Seal) .Bon-o\V~ (Seal) -Dorro~ (Seal) ......- (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Os-690IHQI, WITHOUT RECOURSE PAY TO THE ORDER OF: CHASE MANHATTAN MORTGAGE CORPORATION I INCORPOF.AT P"ll.3of3 Pay to 11111 Order 01 WilOOl,1 RecoutSG CW9~ttan~ wthdt1 r UNDA l1I'TOW . SECAETARY i I H. Burton Embry, V.P. I I I I I i ! EXHIBIT "B" . . (pifCf j~ 4\.s ROBERT r. ZIEGLER RECOIWEn OF DEEDS tUi.iBCm_A:;D COUIIi''(.. FA 'DO JAN 7 Pi'] Y 03 ,,11 '.o~1) \ 1'.)0'!; "7 ,I, c;st;O r q,S OH\G\NAL ~OR'G'NAL Parcel Number: ISpll(lA.bovI1bll~F'orR<<orlkPlDala] ConunonweaUh or Pennsylvania MORTGAGE ~"N' L 441-6IB0556 LN# 00222043 THIS MORTGAGE (~Secunty Instrument") 15 gIVen on TheMortgagorlsN1Cole L Letlzla. MARRIED PERSON J,nu,r)' 7, 2000 ("Borrower-).l1m Secunty Instrument is given to EqUl ty One. Incorporated, CI Pennsyl vam a Corporatlon which IS orgaDlzed and eXlSlmg under the laws of Pennsyl vama , and whose address IS 523 FellowshlP Rd , Mt. laurel. NJ 08054 (-Lender"). Borrower owes Lender the principal sum of Seventy Four Thousand Nlne Hundred Forty Nlne and no/IOD DoU",(U.s.574.949 00 ). This debt IS evidenced by Borrower's note daled the same date as thiS Secunty Instrument (" Note"), which provides for monthly payments, with the full debt. If not paid earlier. due and payable 011 February 1. 2030 . This Secunty Instrument secures to Lender. (a) llie repayment of the debt evidenced by the Note. Willi interest, and all renewals, extensions and modifications of the Note, (b) the paymem of all other sums. With interest, advanced under paragraph 710 protect the security of thiS Secunly Instrumc~nt, and (c) the performance FHA Pamsylvaab l'o(ortpp. 4196 Oe-4R(PAlllIeo.lol VMP""Of\TGAGf~OIlMB-ISOOI511.129\. \1 \ p_lors __01 l""""~ IIIIII~ II~IIII 1m II~ I~ ~~ 80011591"1:[ J.'74 . . LN# 00222043 of Borrower's covenanls and agreemenLS under this Security Instrument and the Note. For thiS purpose, Borrower does hereby mortgage, grant and convey to the Lender the following described property localed in Cumberland County, Pennsylvania: wtuchhastheaddressofllOl Frankl,n Street,CarllSle Pennsylvama 17013 ['ZIP Code] (~Propeny Address"); TOGETIIER WITH all the improvements now or hereafter erected on the property, and all easements, appunenances and fixlUres now or hereafier a part of the property. All replacements lLIKI additiOns shalt also be covered by this Secunty Instrument. All of the foregoing IS referred to In this Security lnsnument as lbe "Property. M BORROWER COVENANTS that Borrower is lawfuUy SeIZed of the estate hereby CCMcyed and has the nghl to mortgage, grant and convey lhe Property and that the Property IS unencumbered, except for encumbrances of record. Borrower warrantS and WIll defend generally the title to the Property agalDst all claln1S and demands, subject to any encumbrances of record. {S1Mft.CIlYI. THIS SECURITY INSTRUMENT combines umform covenants for national use ,md non-umform covenants With lunited vanatlons by jurisdictIOn to constttute a uniform secuflty Instrument covering real property Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. I. Payment of Principal. Interest and Late Charge. Borrower shall pay when due the principal of. and mierest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include In each monthly payment, together With th~ principal and interest as. SeI forth In the Note and any late chargcs, a sum for (a) taxes and Special assessments levied or to be levied agamst the Propeny, (b) leasebold paymcn15 or ground rents on the Property. and (c) premiums (or msurance requlled under paragraph 4. In any year In which the Lender must pay a mortgage Insurance premium to the Secretary of Housmg and Urban Development ("Secretary"), or in any year m which such pretnlum would nave been required if Lender stili held the Secullty Instrument. each monthly payment shall also include either: (I) a swn for the annual mortgage Insurance prerruum to be p8ld by I..endcr to the Secretary, or (ii) a monthly charge Instead of a mortgage insurance prenuum Iftbis Security Instrument!s held by the Secretary, In a reasonable amount to be detemuned by the Secretary Except for the monthly chnrge by the Secretary, these ItemS are called ~Escrow hems" and the sums pild to Lender are called "Escrow Funds. Lender may, at any tune, collect and hold amounts for Escrow Items In an aggregate amount not to exceed the rnaxmmm amoum that may be required for Borrower's escrow account under (he Real ESIale Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 ~t s~q. and implementing regulatiOns, 24 CPR Pan 3500, as they may be amended from time to lime ("RESPA ~), except thaI the cushion or reserve penniucd by RESPA for unanticipated dlsbursemems or disbursements before the Borrower's payments are available In the account may not be based on amounts due for the mortgage msurance premium. ~-4RIPA)(ge04101 p.ZoIB ....~...~ BOOI1591PAGr .1'75 . . LN# 00222043 If the amounts held by Lender for Escrow Items exceed the amounts pcrmilled 10 be held by RESPA, Lender shall accounl\O Borrower for the excess funds as requIred by RESPA. If the amounts of funds held by Lender at any tmle are nol sufficient 10 pay the Escrow Items when due, lender may notify the Borrowl~r and require Borrower to make up the shonagc as pennined by RESPA. The Escrow Funds arc pledged as addltlonal security for all sums &eCUred by tblls Security Instrumt'll( If Borrower tenders to Under the full paymenl of all such sums, Borrower's accoum shall be credited wllh the balance remaining for all Installment ttenu (a), (b), and (e) and any mongage insurance premium iinstallmrnl thai Lender has not become obligated to pay 10 the Secretary, and Lender shall promptly refund any l~lI.CC!iS funds to Borrower Immediately prior 10 a foreclosure sale of the Property or Its acquisition by Lender, BI)O'Ower's account shall be Credited WIth any balance rellWning for a1llnslallmentl for Items (8). (b). and (c) 3. Application of paymetlU:. All payments under paragraphs I and 2 shall be applied by lender as follows' .E.J.lli, 10 the mortgage insurance prenuum 10 be paid by Lender to the Secretary or 10 the monthly charge by Ihe Secrelary instead of the monthly mortgage insurance premium; ~, 10 any taxes, special assessments, leasehold payments or ground rents. IIfId lire. flood and other hazard insurance premiums. as reqUired, Thwi, 10 mterest due under the Note; f2lmb., to amortlzalion of the pnnclpal of the Note, and Eifih.1O 111le cltarges due under the Note. 4. Flre, Flood and Other Hazard Insurance. Borrower shall insure all Improvements on the Property, whether now In ellistence or subsequemly erected, against any hazards. casualties, and contingenCies, including ftre, for which Lender rcqulle5 insurance This insurance shall be mamtained m the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now m elllstence or sub6equenlly erecled, agamslloss by floods to the extent reqUired by lIle Secretary. All insurance shall be carried wllh companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall mclude loss payable clauses in favor of, and in a form acceptable 10, Lender In the event of loss, Borrower shall give Lender ImmedIate notice by fIIBll. Lender may make proof of loss If nOI made promptly by Borrower. Each insurance company concemal is hereby authorized and directed 10 make payment for such loss directly 10 Lender, Instead of to Borrower and to Lender jOlDtly, All 01' any pact of the Insurance proceeds may be applied by Lender, al Its option, ellher (a) to the r~uction of the mdcbtedness under the Note and this Security Instrument, first to any delinquent amounts apphal in the order in paragraph 3, and then to prepayment of pnnclpal, or (b) 10 the reSlOratlon or repair of the damaged Property. Any applicauon of the proceeds to the prillClpal shall not e:uend or postpone the due date of the monthly payments which are referred to 10 paragraph 2, or change the amounl of such payments. Any ex.cess insurance proceeds over an amount required to pay all outstandmg mdebtedness under the Note and this Secuflty Instrument shall be pl.ld to the entity legally entltl~ thereto. In the event of foreclosure of thiS Secunty Instrument or other transfer of title to thl~ Property that e)(tlOgulshc:s the mdebledness, all fight, t1lle and mterest of Borrower ill and to insurance policies ID force shall pass to the purchaser. 5. Occupancy, Preservation, MainlenlUKe and Protecllon of tbe PropertYi Bor1:'Ower's Loan ApplicatioDi Leaseholds. Borrower shall occupy, eSlabllsh, and use the Property as Borrower's prmcipal residence withm sixlY days after the execullOn of thIS Security Instrument (or within sixty days of a laler sale or lransfer of the Property) and shall continue 10 occupy the Property as Borrower's principal fCSldence for 11l least one year after the date of occupancy, unless Lender deternunes that requirement will cause undue hardship for Bon"()wer, or unless ex:tenuating cIrcumstances exist whIch ue beyond Borrower's control. Borrower shall notify Lender of any elltenuatmg circumstances Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Propeny 10 deteriorate, reasonable wear and tear excepted. Lender may mspect the Property If the Property IS vacant or abandoned or the loan is m default. Lender may take reasonable actIOn to protect ;iIld preserve such vacant or _-4RIPAI181lO"IOl P"llll3of8 '""'.~ Bo0K1591PIGt J.?6 . . LN# 00222043 abandoned Propeny Borrower shall also be in default If Borrower, dUlIng lilt loan application process, gave materially false or inaccurate information or statements 10 u.nder (or failed 10 provide Lender with any material informauon) in connection with the loan evidenced by the Note, includmg. but not lirmted 10, representations concerning Borrower's occupancy of lhe Propeny as a prmclpaJ residence. If thiS Secunty Instrument IS on a leasehold, Borrower shaH comply With the provIsIons of the lease. If Borrower acquires rl~ tlUe to the Propeny, the leasehold and fee mle shaJJ not be merged unless Lender agrees to the merger in wntmg. 6. Condemnation. The pr<Xttds of any award or claim for damages, direct or coruequentlal. In connectIOn with any condemnation or other taking of llIlY part of the Propeny, or for conveyance In pl~ of condemnation, are hereby assigned and shall be paid to Lender to the eXlent of the full llIOOunt of the Indebtl~ne55 thai renwns unpaid under the NOle and this Security Inmument. Lender shall apply such proceeds to the reduction of the indebttdnes& under lhe Note and thiS Security Instrument, first 10 any delinquent amount, applied in the order proVided In paragraph 3, and then to prepayment of pnncipal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments. which are referred to In paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding mdebtednl~s under the Note and tho SecUTlty Instrument shall be paid 10 Ihe entity legally entitled thereto. 7. Cbarats 10 BOITower and Protection of Lender', Rla:bts In the Propert)', Borrower shall pay all govenunental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obhgations on time dlTectly to the entity which is owed the payment. If f3.llure to :flay would adversely affect Lender's interest in the Property, upon Lender's requesl Borrower shall promplly furnIsh to Lender receipts eVldencmg these payments. If Borrower falls to make these payments or the payments reqUITed by paragraph 2, or fails 10 perform any oilier covenants and agreements contalOed in thiS SeCUTlty Instrument, or there IS a legal proCCt'ding Ihat may Significantly affect Lender's rights In the Propeny (such as a proceeding 10 bankruptcy, for condemnllllon or to enforce laws or regulatiOns), then Lender may do and pay whatever is necessary 10 protect the value of the Property and Lender's nghts in the Propeny, inc1udmg payment of taxes, hazard insurance and other Items mentioned in paragraph 2. Any amounts disbursed by Lender under thiS paragraph shall become an additional debt of Borrower and be secured by this Secunty Instrument These amounts shall bear Interest from the dale of disbursement, at the Note rale, and at the option of Lender, shall be Imme~halely due and payable Borrower shall promptly discharge any lien whIch has pnonty over this Secunty Instrument unless Borrower: (a) agrees in wntmg to the payment of the obligation secured by the lien m a manner acceptable to Lender: (b) contests m good faith the hen by, or defends agamst enforcement of the hen 10, legal proceedings which In the Lender's opinion operate to prevent the enforcement of the lien: or (c) secures from the holder of the hen an agreement satisfactory 10 Lender subordmating the lien to thiS Security Inslrument. If Lender detemunes that any pm of the propeny IS subject to a lien which may attain pnority over thiS Security Instrument, Lender may give Borrower a ootlce Identifymg [he lien. Borrower shall sausfy the hen or take one or more of the actIOns set forth above WIthin 10 days of the giving of notlct. 8. Fea:. Lender may collect fees and charges authorized by the Secretary. 9. Grounds ror Acceleration or Debt. (a) Default. Lender may, except as lmuted by regulauons ISSUed by the Secretlll)', in the case of payment defaults, require unmediate payment in full of all sums secured by this Security Instrument if: (I) Borrower defaults by failmg 10 pay in full any monthly paymenl requued by thiS Security Instrument pTlor to or on the due date of the next monthly payment, or (11) Borrower defaults by failing, for a penod of thiny days, to perform any other obhgations con!atned in thiS Security Instrument. (b) Sale Without Cr-ed.it Approval. Lender shall, if pemutted by applicable law (Including Section 341(d) of the Gam-St. Germain DepOSitory Institutions Act of 1982, 12 U,S.C. 170Ij-3(d)) and with the prior approval of the Secretary, reqUire IInmcthate payment in full of all swns secured by this Secunty Instrument if' ~R(PAJ(U04101 ....4018 'M'. JJi.1,. 80od59hlG! J.:n . . LN# 00222043 I (i) All or part of the Propeny, or a beneficial mlerest In a trust owning all or pan of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Propeny LS nOI OCCUpied by the purchaser or grantee as hiS OT her principal residence, or the purchaser or grantee does $0 occupy the Property but his or her credit has not been approved In accordance wllh the r~ul['ements of the Secretary. (c) No Waiver. If CircUmstanceS occur that would pennil I1nder to require immediate payment in full. but Lender does nol require such payments, Lender does nol waive its nght.s With respect to subsequent events. (d) RtJ:;ulatlons or HtJD Secretary. In many circumstances regulatIOns issued '~y the Secretary Will linut Lender's rights, In the case of payment defaults, to require Immtxhate payment In full and foreclose If not p&1d This Security Instrument does nOI authonze acceleration or foreclosure if n':>1 pemuned by regulations oflht' Secretary. (e) MortRaRe Not Insured. Borrower agm:s that If Ihis Security In5lrument and (tie Note are not delemulled to be eligible for ll1$urance under the National Housmg Act wl!hin 60 days from the date hereof, Lender may, at Its OpflOll, require mnne<hate payment In full of aI] SUIrul secured by tJtlls Secunty Instrument. A written statemenl of any authonzed agent of the Secretary dated subsequCttt to 60 days from the date hereof, dechmng to Insure thiS Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. NotWithstanding !he foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure lO remit a mongage Insurance prermum lO the Secrelary. 10. Reinstatement. Borrower has a nghl to be reinstated If Lender has reqUIred immediate payment in full because of Borrower's failure to pay an amount due under the Note or tbls Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Secunty Instrument, :Borrower shall tender in a lump sum all amounts reqUired to bring Borrower's account current including, to the extent !hey are obligations of Borrower under Ihis Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated With the foreclosure proceedlOg. Upon reins!au:rnenl by Borrower, this Security Instrument and the obhgalions that it secures shall rem.aln in effect as If Lender had not reqUired irnmediate payment in full However, Lender is not required to permit reinstatement If: (I) Lender has acceptl:d reinstatement after the commencement of fom:losure proceedmgs WlthlJ\ two years unmediately preceding the commencement of a current foreclosure proceedlOg, (II) remstatement wdl preclude foreclosure on different growlds in the future, or (III) remstatement Will adversely affect the priority of the hen created by thiS SecUTlty Instrume:rl.t, 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of paymenl or modification of amortization of the sums sa;ured by this Secunty Inslrument granted by Lender to any successor in \Dterest of Borrower shall not operate to release the habllity of the onglnal Borrower or Borrower's successor III interest. Lender shall not be requIred. to conunence proce.edlDgs against any successor In interest or refuse to extend time for payment or otherwise modify amortization ('f the sums secured by thiS Secumy Instrument by reason of any demand made by the oflgmal Borrower or Borrower's successors in IOterest. Any forbear8J[),ce by Lender in exerclsmg any right or remedy shall not be a waiver of or preclude the exerclSC of any right or remedy. 12. Successors and Assigns Bound; Jmol and Several Liability; Co-Sipen. The: covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to !he proViSIOns of paragraph 9(b). Borrower's covenants and agreements shall be Jomt and several. Any Borrower who co-signs this SecuTlty Instrument but does not execute the NOle (a) IS co-sIgning this SCCUflty Instrument only to mortgage, grant and convey that Borrower's mterest m the Propeny under the termS of thiS Secumy Instrument: (b) is not personally obligated to pay the sums secured by thiS Secunly Instrument: and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodallons with regard to the terms of this Security Instrumenl or the Note without that Borrower's consem. _-4R(PAJI~e04JOl ~"",fio'8 n_ t0l\..- Bo0k1591rAG( J. 78 . . LN# 00222043 13. Notices. Any notice to Borrower provided for m this Security Instrument shall be gIVen by dellvermg it or by mailing It by first class mail unless applicable law requires use of another method. The notice shall be dlrecled to the Propeny Address or any other addle." Borrower deslgnales by notice to Lc:nder. An)' notice to Lender shall be given by first class mall to Lender's address slaled herem or any address Lender destgnates by nouce to Borrower Any notice provided for In this Secunly Instrument shall be ~med to have been BIVen to Borrower or Lender when gIVen as provided in thiS paragraph. 14. Goverrllnlil Law; Severability. TIus Security Instrument shall be governed by Federal law and the law of the jurisdictIOn In which the Propcny IS localed In the evcm that any provision or clause of this Srcurily Instrument or the Note conDicts wlIh applicable law, such conflict shall not .ffecl other proVlSlOns of this Security Instrument or the Note which can be given effect without the confbctmg provision. To thll end the I)rovisions of thIS Security Instrument and the Note are declared to be severable I!, Borrower's Copy. Borrower shall be given one conformed copy of the Note and of thiS Sec.urny Instrument. .6, Hazardous Substances Borrower shall not cause or pemutthe presence, use, dISpoSal, slorage, or release of any Hazardous Substances on or in the Propeny. Borrower shall not do. nor allow anyone else to do, anythmg affecting the Propeny that IS 10 violation of any Environmentall..aw. The precedmg two sentences shall not apply to the presence, use, or storage on the Propeny of small quantities of Hazardous Sub5tances that are generally recogmzed to be appropnate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any Investigation, claim, detmiJ1d, lawsuit or other action by any govenuJlenlal or regulatory agency or pnvate parly Involvmg the Property and ITIY Hazardous Substance or Envlrorunental Law of which Borrower has actual knowledge. If Borrower learn., or is noufaed by any governmental or regulatory authonty, that any removal or other remediation of any Hazardous Substancl:s affecting the Property is necessary, Borrower shall promptly take all necessary remethal actions 10 accordance with Environmental Law. As used In this paragraph 16, "Hazardous Substances~ are tbose substances defined as tOXIC or buardoU!l substances by Environmental Law and the fOllowmg subslances: gasoline, kerosene, other flammable or 10xic petroleum products, tOXIC pesticides and herbiCides, volatile solvents, matenals containing asbestos or formaldehyde, and rachoactive matenals. As used m this paragrapb 16, "Environmental Law" means fetlerallaws and laws of the Jurisdiction where the Property is located that relate to health, safety or environmental protl~llon. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree 1$ follows: .7. Assignment or Rents. Borrower unconditionally assigns and transfers to Lender all me rents and revenues of me Property. Borrower aumontes Lender Or Lender's agents to collecl the rents and r'~enues and hereby directs each tenant of the Property 10 pay the rents to Lender or Lender's agents. However, pnor to Lender's nouce to Borrower of Borrower's breach of any covenant or agreement In the SecuTlty Instrument, Borrower shall collect and receIVe all rents :uuf revenues of the Property as trustee for the benefit of Lender and BolTower ThIS asslgnmem of rents CORSlIlutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower' (a) all rents received by Borrower Sh:IJl be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Secunty Instrument; (b) Lender shall be entitled 10 collect and receive all of the renlS of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any pnor assignment of the rents and has not and will not perfonn any act that would prevent Lender from exercising its rights under thiS paragraph 17 Lender shall not be required to enter upon, take control of or maintam the Property before or after giving notice of breach 10 Borrower However, Lender or a judiCially appOIDted receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or Invalidate any other right or remedy of Lender TIns assignment of rents of the Property shall tenmnatc when the debl secured by the Secunty Instrument IS paid in fun _-4RIPAII9804101 PogoClOl, I"U"'~ BodS91rlGt .179 . . .' LN# 00222043 18. Foreclosure Procedure. If Lender requlR:'li Immediate payment In run undrr 11lITBlraph 9, Lender may foreclOlle this Security Instrument by judicial procerdio&. Lender shall be entitled to collect all expenRS Incurred In pursulnll the remedies provided In this paragraph 18, Including, but nol limited 10, attorney,' fees and costs of IItle evidence. If tbe Lender's InttreSt In tbls Security Instrument Is held by the Secrdary 1I[ld the Secretary reqwres Immediate payment in rull under Paragraph 9, the SecretaI')" may Invoke the nllnjudiclal power or sale provided in the Single FamUy Morta_Ke Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requestlna II rorecl05UTc comm1:uiontr designated under the Act to commence foredosul'"C IInd 10 sell the Property as provided In the Act. Nothioll In the p.-euding sentence shall deprive the Secrdlu')' of any riahl5 otherwise available to II Lender under lhis Paragraph 18 or applicable law. 19. Release. Upon payment of all sums secured by Ihls Security Instrument, this SecUtlty Instrument and the: estate conveyed shall lemunale and become Void. Afler such occurrence, Lender shall discharge: and satisfy this Securny Instrument Without charge 10 Borrower. Borrower shall pay any recordation COSI!i 20. Waivers. Borrower, 10 the extent ~rrniued by applicable law, waives and rc:lefiSeS any error or defects In proceedings to enforce this SecurilY Inslrument, and hereby waives the benefil of 8I1Y present or future laws providing for stay of execution, extensIOn of lime, exemption from attachment, levy and .ale, and homestead exemption. 21. Reinstatement Period. Borrower's time: to reinstate proVided ill paragraph 10 shall extend to one hour pnor to the commencement of bidding at a sheriffs sale or other sale pursuant to thiS Seewity Instrument. 21. Purcbase MODey Mortgage. If any of the debt secured by thiS Secunty Instrurnent is lent 10 Borrower to acquire Iltle to the Property, this 5ecuflly Instrument shall be a purchase: money mongage. Z3. Interest Rate Aner Judgment, Borrower agrees that the interest rate payable ;Ifter a Judgment IS enlered on the NOIe or In an action of mortgage foreclosure shall be the rate payable from time to time under the Note Z4. RIden to this Security Instrument. If one or more riders are executed by Borrower and recorded together wllh thtS Security Instrument, the covenants of each such rider shall be Incorporated mto and shall amend and supplement the covenants and agreements of tltlS Security Instrument as If the ridc:r(s) were a part of thiS SecurilY Instrument. (Oteck applicable boJl.(es)). B CondollUOIum Rider Planned Unn Development Rider B Growmg EqUity Rider Graduated Payment Rider rn Other [specify) Legal Descrlptlon ~"RIPAI1~eO_IOl POll'7ofS -....lli.\. BOO! 1591rAGt ..180 . . LN# 00222043 BY SIGNING BEWW. Borrower accepts and agrees 10 the terms contained In thiS Secunty Instrumenl and In any nder(s) executed by Borrower and recorded with It. Witnesses" crMv{!l~v ~~rw.f ~J1',il N1cole L, Let1z1a /( (&~) .80rro~r (Seal) -Borrower (&~) (""> -BOITOMT .&lTOwer (&~) (S"'> -DormW1:r -BoHo_r (Seal) (&~) .Borrowt:r -Borrower Certificate or Resideaee I. Jo..me-s 1), i=IOl<){( J(". the wilhin-named Lender lS 523 FellowshlP Rd , do hereby cenify that the correct address of Mt Laurel, NJ 08054 WitnesS my hand tillS 7th day of January 2000 COMMONWEALTH OF PENNSYL V ANlA. On <lu.. '1+h <I,y oD~x personally appeared Nlcole l. Letl~la u AlenlofLender County 55: . .;1000 , before fIl(:, the undersigned officer, ~R[PAIIS'O.IOl Poge8c/B Bo0K1591 rAGE .181 . . -- ------ ----- 0 "'@~8~O~~j!.o ~~ ui~~ ' "6> "'Slii Z- '" '1l ,~~ ~.~s \ " _$Gi$.....€'" ~1. " :.=:o<!1Q)E.-$o- ~>- ~,., g ~ -0..... ~ zo.. uig o . e~ '" ,&,,se5 .'" _8 co~ \4.(l.~-o~ c:~,& .!!lo. -oC> ~co \ ..oG>OJ-- C:C:~1 ~'" oGi3:t-""'l-;":S E'1l ~ g! il -.g ....~ ;:: g tI) CO .3'8 '5'& Q) :; ._0- ~...J~o ~ E.s!8ib"'%\ :9.. '" '" G)~ ~.;..s;:, r~ 8~8 ~OJ~:6g ~1~ 0- 'i\' l'; 111 E.c: ~~-~,g:lOll '" c: ~ 0> '6>~'" !\, ~ ~ u <pQ) i\lOlOO)co ioi c: r." ~ ",$ _.s(O)::!-...-':.....cfIJ- ._ c: ':) 8 'C ~ ..-0 m c: '" tJJ .S .c: .g 0>8 0:...0- ~Q;,~-o~ ~ 0$. %.",,.c . ,&"l ~ _c> 0'- 98 c~,,; >- C' \t 111 C~" ~z-o{Q ~ III ~ }:11 c" o!.c "'..... o~t- a .- 8,., '" t! .- ~ _-0 C .c'E ~s th~ 5'0 .~ Q) 0 )-.~8 1'0:5 ~ "'~ Q)cII(1)oQ)-o~c8 "ct.;5 ~ ~ .,c -s~('?~$~...-':~ ~~c .,l.-e".J i6 E "''1lo_c c .'I!-2"lo ~ ... ",.0 0"'%\ o:9g,i!i~ tJJ~" '!i 0 -0'; ~ "l ~ ~ 0" .3 .- ...._;;CL. 8O"S~ Ii; _ C) ofl)CO "0 .~~.s. C'- It\1~-:S~o)S''''~ ~~8"lz ;z ~a ~t!$ . ~ ..E 9 _z _~U')-,o51o~ ~}\"'..ss I- oj;; g-6.....~8m_~11J .. 8'" Il- lIc ",-''%tJJlii'1l06.3: .S ~-~ '" ",I- .~ ~ "'c \4."l~ ~ ~ ~l ~ l:>&'. r-o 0" ~ (:) tIJ () ~i- c~<I)C>~~"'~~ ~t'I$7h ~.ego~ ~ _ ._ .c: t- ~ Co>" ....c '0 :.-1. ~ \'U - '0. i 0", g> o.1n~"68 0 ffi8 0-0 to...,:)i "e ..-~~ t'I$_;;U;~~":18Q)N ~2-o -0 .,"9 c'g,Ul1\ Iii Eo ~ ''; ~\-~.si '" .- U"l ~._ tI) ......... J/I z-a ,,,.S-08~ C)-o:Z"'''l,,!II'''; ~i % c t:'O.s::: o"%. ~\1~\ _~eo~"'''''c -,-' x- _ .6.- C)1~ ~.,~.. ~"IieEci ..-1'0 % c ~8 5lJll~.2!~ci~1!g.~ iii"O~ ffi...~~ .\ 4.'; Clll i~;~\; ii Cll~' Ill'; ,0 ~ g,~ ~\e ~'" . .. t- C ~.. 0>1iI g6 .~gaO) ~ ~~ot~~N~tn 0-'-' ~ e ~ ---------------- . . ADJUSTABLE RATE RIDER LN# 00222043 [-="0 ~11-6IB0556 THIS ADJUSfABLE RATE R1DER IS made thiS 7th day of January 2000 . and IS incorporatro imo and shall be deemed 10 amend and supplement lhe Mortgage, Deed of Trust or Security Deed rSecurity InStrument") of the same date SlVe1l by the undenigned ("Borrower") to secure Borrower's Note ("Nole") to EqUlty One. Incorporclted, a Pennsylvanla Corporatlon (the "Lender") of !he same dale and covering the Property descnbed in the Secunty Instrument and located at: 1101 Frankl,n Street.Carl,sle.PA 17013 (1'1'<>1"'<\)' Md.~l\ THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGI;S IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE Al' ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made In the Sccunty Instrument. Borrower and Lender funher covenant and agree as follows INTEREST RATE AND MONl'HLY PAYMENT CHANGES (A) Cbanee Date The interest ra.tC' may cnange on the first day or Apnl 2Q01, and on (hat day or eacb succeeding year. ~Change Dale" means each dale on which (he mten::!t rate could cl1ange (8) The Indu Bcguu1.lng Wilt!. the first Cbange Date, the mtere5\ rate wit! be based on an Inde;l. ~lndex~ means the weekly average yield on Umted States Treasury SecuriuC's adjuSted to a constant maturay or one year, as made aV81lable by the Federal Reserve Board. "Curren! Index" means the most recent Index figure available 30 days berore the Change Dale. If the Index (as defined above) IS no longer avaJlable, Lender will use as a new Index any mdex prescribed by the Secretary, As used m thiS Rider, "Secretary means the Secretary of Houslng and Urban Develo~ment or hiS or neT des.ignee: lender Wlll give Bornlwtf OOlite or the new Index. FHA Mlllt~.\~ A.RM R1deJ . 10l'JS _591U19705l PllglEllo13 WNlO5I97 l"'tlills~ VMP MORTGAGE FORMS. (800)521.7291 Im!mn~ll~ml eouK15g1P~ .183 . . . (e) Ca]~ulation or Interest Rate Chan&cs aefore each Change Date, lender will calculate a new IOterest rale by adding a margm of Two and Three I Quarters percentage POIO\(S) ( 2. 7500 lJIi) 10 the Curtenl Index and roundmg the sum to the nearest one-eighth of one percentage pOlO! (0.1251,). SUbJtcl 10 the liffilts stated in paragraph (D) of thiS Rider, !hls rOl1Odcd amount will be the new inlerest nut until me nexl Change Date. (D) L1miCs on Inlerat Rale Chant;es The eXl$Ung mterest rate will never UlCrease or decrease by more than one perceulage pmnt (l.Ot;t) on any slOgle Change Date. The mterest rate will never be more than five pen:entage poinu (5.0%) higher or lower than the milia! imerest raile, as Staled In Paragraph 2 of the Note. (E) Calculation 01 Paymtnt Chanle If the Interest rate changes on a Change Date, Lender will calculate me amount of monthly payment of prlDclpal and interest which would be necessary 10 repay the unpaid pnncipal balance \R full a~ lhe Mammy Dale al the new mtercst rate through subslantl;tlly equal payments. In mali:lng such calculation, Lender Will use the unplUd pnncipal balance which would be owed on the Change Date if there had been M de{auh m payment tin the NQte, teduttt1 by the amount of allY prepaymem, lo principal The result of thiS calculation Will be the amoUnI of the new monthly paymenl of principal and inlere:st. (F) Notice of ChanleJ Lender WIll give notlce 10 Borrower of any change in the mterest rate and montbly payment aJ1lOWlt. The oOlice must be given lit leasl 2S days before Ihe new monthly payment amount is due, and must set forth (I) lhe date of the natlCC, (ii) the Ch9nge Dale, (\ii) \he old interest rate, (w) the new mterest rate, (v) me new monthly paymenl amoUnI, (VI) the Curref1tlndex and the date it was Jnlblished, (VII) me method of calculating the change m monthly payment amoUnt, l1Ild ('1111) any olher mfonMuon which may be required by law from time 10 tune (G) Effective Date of Changes A new mterest rale ca.Jculaled In accorrlancc with paragraphs (C) and (D) o{ thiS Rlder 'inU btt.ome effecllve on me Change Dale. Borrower shall make a payment In the new monmly amount beginning on the first paymenl date which occurs alleast 25 days after Lender has given Borrower the notice of changes requ~red by paragraph (F) of this Rider. Borrower shall have no obligation to pay any Illcrease In the monthly payment llfUOUnI calculated in accordance with paragraph (E) of this Rider lior any payment date occurnng less than 25 days after under has gi'Vtn lhe requirtd nOlice If Ihe monlhly paymem amount calculated tD accordance wllh paragraph (E) of thiS Rider decreased, but under failed to give timely notlct of the decrease and Borrower made any monthly payment amoun15 exceedmg the payment amount wluch should have been stated In a limely notice, then Borrower has the Option to either (I) demand the return to Borrower of any excess payment, with interest thereon at the Note rate (8 rate equlIl 10 the mteresl rate which should have been stated 10 a tllne1y notice), or (ii) request that any eltccss pnyment, with interest thereon at the Note rate, be applied as payment of prmcipal. Lender's obligalion to return any excess payment with interest on demand is not asSignable e'Ven If the Note IS otherwise assIgned before the demand for return is made. _&91UI97051 PIIge2013 Bood591/1GE .184 -" ~'--'-- . . BY SIGNING BEWW, Borrower accepts and agrees to the ICnns and covenants contained in thiS Adjustable Rale Rider. (Stol) -Borrower ~~~.~~ N1cole L. letizla (Seal) .BolT(lw~r (Seal) (Seal) .Borrower .Borro_r (Seal) -Borro_r (Stol) -Borrower (Stol) -Borrower (Stol) -Borl'(lwer _691U197051 Pege3013 Bo0!159hAGE.185 State ot pennSYlVania} 86 C unty of Cumberlsnd d A~corded liirhe office for the recording of Dee & , '~nd berlandCountv.'Ia,/I. ISC.. vr: Pa e~ in B ~- Wltn!o$ yh.n 1010 Carllsle,PAthla day . VERIFICATION Beth Morris ' Assistant Secretary, and duly authorized representative of Plaintiff, deposes and says subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint are true and correct to his information and belief ") , r ~/t;!z uL)ct1,---, ,,/ /u"c/:c, Beth Morris ' Assistant Secretary IV tt (:) ~ k~ ~ ~ ~ ~ -....:c ~ c: . C) G ~ -l'1 >::::J !r:l ,- rl~~ \ 0" " :.'!. ;.,) co: SHERIFF'S RETURN - REGULAR CASE NO: 2006-00114 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS LETIZIA NICOLE L BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LETIZIA NICOLE L the DEFENDANT , at 0942:00 HOURS, on the 12th day of January 2006 at 1101 FRANKLIN STREET CARLISLE, PA 17013 by handing to JOSEPH LETIZIA, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 4.40 .00 10.00 .00 32.40 r~<:/~ R. Thomas Kline Sworn and Subscribed to before By: Deputy 01/13/2006 GRENEN & BIRSIC me this )::j'e- day of 0A"'Ml Juoc... . A.D:-- ~ 0 lMJot.,--,~. rothonotary I , " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE HOME FINANCE LLC, slblmlt Chase Manhattan Mortgage Corporation, NO.: 2006-00l14 Plaintiff, vs. ISSUE NUMBER: NICOLE L. LETIZIA, TYPE OF PLEADING: Defendant. PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) FILED ON BEHALF OF PLAINTIFF: Chase Home Finance LLC, slblmlt Chase Manhattan Mortgage Corporation I hereby certify that the address of Plaintiff is: 3415 Vision Drive Columbus, OH 43219 COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D.#77991 the last known address of Defendant is: 1101 Franklin Street Carlisle, P A 17013 GRENEN & BIRSIC, P.C. One Gateway Center 9 West Pittsburgh, PA 15222 (4l2) 28l-7650 GRENEN & BIRSIC, P.C. , ~' []v" . /if \.- ' /( ,-- () c- L ^. " -Lfl t<_ L;L. vl\ Attorneys for Plaintif IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, slblm/t Chase Manhattan Mortgage Corporation, CIVIL DIVISION NO.: 2006-00114 Plaintiff, vs. NICOLE L. LETIZIA, Defendant. PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant, Nicole L. Letizia, in the amount of $75,404.00, which is itemized as follows: Principal Interest to 2/14/06 Late Charges to 2/14/06 Escrow Deficiency to 2/l4/06 Corporate Advances Unapplied Fund Attorneys' fees Title Search, Foreclosure and Execution Costs $66,860.88 $ 2,606.96 $ 31.99 $ 2,203.53 $ 43.63 ($ 142.99) $ 1,300.00 $ 2.500.00 TOTAL $75,404.00 with interest on the principal sum at the rate of $10.07 per diem from February 14, 2006, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale ofthe mortgaged premises. GRENEN & B1RSIC, P.C. ./ ),. u.-", -...Y .f'VL VI... tA 1.../1/ ((.A (A Br: . f( Kristine M. Anthou, Esquire Attorneys for Plaintiff J- -(...... AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kristine M. Anthou, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is not in the military service ofthe United States of America to the best of her knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copy. J~ ;'1'" J v' 'LJ.-i( (1{ (A "L-.. ( Sworn to and subscribed before me this I~ day of r~ua,w /'2006. ~ ~ y 7 t;I;.L ' Y\l\: ~rUJ,t) N ary Public COMMONWEALTH OF PENNSYLVANIA NoIariaI S<leI EIIzabeIh M. PaIano, Notary Public Cl1vOf~PlwjmyCoo.l1ly MyO:ll..,.... ~Jan. 6, 2008 fMm~, Peflnavtval1!a Assodatron Of Notaries " . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE, LLC, sIb/mlt Chase Manhattan Mortgage Corporation, CNIL DNISION Plaintiff, NO.: 2006-00114 vs. NICOLE L. LETIZIA, Defendant. TO: Nicole L. Letizia I 101 Franklin Street Carlisle, PA 17013 DATE OF NOTICE: February 2, 2006 IMPORT ANT 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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A 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 HlRlNG A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TIllS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (800)990-9108 GRENEN & BIRSIC, P.C. BY:/"1v--<.U...~~ Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 FIRST -CLASS MAlL, POSTAGE PREPAID \".J ,--, (:) 4 -c"\ :~J t~ -;-0 r' i ;:'1' '1 i,.";..J '- ';~, ~ - , - -::) r - C) -cJ ~ '1 f'::' -- F- en ........ ""Q, \.,'. ~ W ~ E lIS ~ ~ J:- ("l r ---------- - '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, slb/mlt Chase Manhattan Mortgage Corporation, CIVIL DIVISION Plaintiff, NO.: 2006-00114 vs. NICOLE L. LETIZIA, Defendant. NOTICE OF ORDER. DECREE OR JUDGMENT TO: Nicole L. Letizia 1101 Franklin Street Carlisle, P A 17013 ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an orde~ee or Judgment was entered in the above captioned proceeding on ~~ 17 ::Jro!.&, I ( ) A copy ofthe Order or Decree is enclosed, or (XXX) The judgment is as follows: $75,404.00 with interest on the principal sum at the rate of $10.07 per diem from February 14, 2006, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. <- 604 f( ~?~.J?~1-(../ Deputy ,,-" ..J ~1MON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA o\SR'i: cf CO CIVIL DIVISION ~ 'i:\:\l', C PRAECIPE FOR WRIT OF EXECUTION ( ) Confessed Judgment (X) Other (Default Judgment) "\\,,,c Finance LLC, slblmlt Chase O,y M ' An ortgage COl1"ratlOn FileNo, 2006-00114 Amount Due $75.404.00 vs, $ 1.264,49 (2/15/06 to sale) Interest Nicole L. Letizia Atty's Corom Costs TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended, Issue writ of execution in the above matter to the Sheriff of CUMBERLAND debt, interest and costs, upon the following described property of the defendant( s) County, for 1101 Franklin Street. Carlisle. PA 17013 (Please see attached legal description) PRAECIPE FOR ATTACHMENT EXECUTION Issue Writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date 403/ ty j'~l.i-",u.L.)I(aA u i,,--, Kristine M, Anthou Signature: Print Name: Address: One Gatewav Center. 9th Floor Pittsburgh, PAl 5222 Attorney for: Plaintiff Telephone: (412) 281-7650 Supreme Court ID No.: 77991 j '.~_-'l. it;l.. ~ ~ ---- ~ \.", ~ ...... -i~.' 1t --... ""V0 \<J l/1 ~. c.. " , ('- v.. -. ~ '01 \$,' 01 ~ \) '- ~ <::So '" () '- C> ~ ~ i ; ~ -J n )..I P- -- .. , .~ ~ , ---<- WII. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, slb/m/t Chase Manhattan Mortgage Corporation, CIVIL DIVISION NO.: 2006-00114 Plaintiff, vs. NICOLE L. LETIZIA, Defendant. LONG FORM DESCRIPTION ALL that certain tract ofland situate in the 5th ward ofthe Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point 78.00 feet from the northeastern comer of Franklin and "G" Streets at the dividing line of Lots I and 2 as shown on the hereinafter Plan of Lots; thence along Franklin Street, South IS degrees 39 minutes 58 seconds West, a distance of 78.00 feet to a point at "G" Street; thence along "G" Street, South 74 degrees 20 minutes 02 seconds East, a distance of 100.00 feet to a point at lands now or formerly of Jeffrey D. Hubert, et ux; thence along said lands, North IS degrees 39 minutes 58 seconds East, a distance of78.00 feet to a point at the dividing line between Lots 1 and 2 at the hereinafter mentioned Plan of Lots; thence along said dividing line, North 74 degrees 20 minutes 02 seconds West, a distance of 100 feet to a point, the Place ofBEGlNNING. BEING Lot No. I on a Final Minor Subdivision Plan of the Dennis E. Yeingst property dated July 9,1999, and recorded in the Recorder of Deeds Office, Cumberland County, Pennsylvania, August 25, 1999, in Plan Book 79, Page 94. BEING the same premises which Doris L. Yeingst, single person and Dennis E. Yeingst, Trustee, in Trust for the benefit of Abigail E. Yeingst and Logan G. Yeingst, Minors, by Deed dated January 7,2000 and recorded in the Office of the Recorder of Deeds of Cumberhmd County on January 7, 2000, at Deed Book Volume 214, Page 695, granted and conveyed unto Nicole L. Letizia. GRENEN & BIRSIC, P.C. /' ;l.,. . 2 / /' , By: Z ~ J<' Lk ~/).: t (/l ,'/C {t "'-_ Kristine M, Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, P A 15222 (412) 281-7650 Parcel No. 06-19-1643-013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-114 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Chase Home finance LLC s/b/mlt Chase Manhattan Mortgage Corporation Plaintiff (s) From Nicole L. Letizia (I) You are directed to levy upon the property of the defendant (s)and to sell 1101 Franklin Street, Carlisle, P A 17013 see legal description, (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due75,404.00 Interest $1,264.49 (2/15106 to sale) Atty's Comm % Atty Paid $114.40 Plaintiff Paid Date: February 28, 2006 L.L.$.50 Due Prothy $1.00 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name Kristine M. Anthou, Esq. Address: One Gateway Center, 9th Floor Pittsburgh, P A 15222 Attorney for: Plaintiff Telephone: (412) 281-7650 Supreme Court ID No, 77991 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE HOME FINANCE LLC, slb/mlt Chase Manhattan Mortgage Corporation, NO.: 2006-00114 Plaintiff, vs. NICOLE L. LETIZIA, Defendant. AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M, Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owner of the property located at 110 I Franklin Street, Carlisle, PA 17013 is Defendant, Nicole L. Letizia who resides at 1101 Franklin Street, Carlisle, P A 17013, to the best of her information, knowledge and belief. F'~. ,/~ / .. " '. L i' . ,.' /.'l..Jc.(t<-(.-/{({,<.{/(<-(t-- , SWORN TO AND SUBSCRIBED BEFORE METHIS 2ytf DAYOF /{thrfJ.tLi 1/,2006. /? ,- (' <-(I }Y{, ((, ( (;ia::/ i l"- Notary Public v " NO!;Cj;-i,')! .Seal :(X';'"l C. Bi:.Jdn,l, Notary P'I'_',,... .: :<',::;/):)10'1, fdfeghcnli C' "'"Or "/i'''''':'lnF)tDI'0?'',Jii.-, ' -.~, G~: _.,,'~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, slb/mlt Chase Manhattan Mortgage Corporation, CIVIL DIVISION NO.: 2006-00114 Plaintiff, vs, NICOLE L. LETIZIA, Defendant. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974,41 P.S.I0L ET. SEO. AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that Plaintiff was not required to send Defendant written notice pursuant to 35 P.S. 9 1680.403C (Homeowner's Emergency Mortgage Assistance Act of 1983 - Act 91 of 1983) prior to the commencement of this action for the reason that the aforesaid Mortgage is insured by the Federal Housing Administration under Title II ofthe National Housing Act (12 U.S,C. 9S1701-1715z-18) [35 P.S. SI680.401C(a)(3)]. Additionally, Plaintiff was not required to send Defendant written notice of Plaintiffs intention to foreclose said Mortgage pursuant to 41 P.S. 9403 (Act 6 of 1974) prior to the commencement ofthis action for the reasons that said Mortgage is not a "residential mortgage" as defined in 41 P .s. 9101 and Defendant is not a "residential mortgage debtor" as defined in41 P.S. 9101. ., ~(;Ji v, ( /. C ),; /, / . J'\ c-/,,-_ 1\..,( ,( tc-l______ " SWORN TO AND SUBSCRIBED BEFORE ME THIS, 2J'rd DAY OF 1fbfL(fLii(, 2006. ) , .. I' '1 . i, C-'/ I t . . -1 uU('f< . tY{(.jt tl C Notary Public ' . ~E,i,;,,~'__lN'0:..<.::~:~!~~Q: Pj;:NNSY~V.( I',pl;l;;al Seal r"~)'Jcc~'1 G_ 8lazjn3, Notary PlJbEc r ! f'f Pilt~,burgh, Alleghp-ny C,,: . Y - ,-,~ -~"'i';..gIOqEXDI"€'SJIi'"I<c:.2, "7 ".,', ;" ";I c..! i.', ,,' ,\.-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE HOME FINANCE LLC, slb/mlt Chase Manhattan Mortgage Corporation, NO.: 2006-00114 Plaintiff, vs. NICOLE L. LETIZIA, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Chase Home Finance LLC, slb/mlt Chase Manhattan Mortgage Corporation, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was ofrecord concerning the real property of Nicole L. Letizia located at 1101 Franklin Street, Carlisle, PA 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF NICOLE L. LETIZIA OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUA TED IN THE 5TH WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 1101 FRANKLIN STREET, CARLISLE, PA 17013. DBV 214, PAGE 695, AND PARCEL #06-19-1643-013. 1. The name and address of the owner or reputed owner: Nicole L. Letizia 1101 Franklin Street Carlisle, P A 17013 k 2, The name and address of the defendant in the judgment: Nicole L. Letizia 1101 Franklin Street Carlisle,PA 17013 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Chase Home Finance LLC, slb/m/t Chase Manhattan Mortgage Corporation [PLAINTIFF] 4. The name and address of the last record holder of every mortgage of record: Chase Home Finance LLC, slb/m/t Chase Manhattan Mortgage Corporation [PLAINTIFF] Conseco Bank Inc. Cottonwood Corp. Center 2825 E. Cottonwood Pkwy #230 Salt Lake City, UT 84121 Conseco Finance Consumer Discount Co. fi'k/a Green Tree Consumer Discount Co, n/kIa Green Tree Servicing LLC 7360 South Kyrene Road Building 1 Tempe, AZ 85283 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The 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. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NONE 1 "., I verifY that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. c.S.A. 94904 relating to unsworn falsification to authorities. GRENEN & BIRSIC, P.C. , " By: '~'-.-_L-' h:' l-) c (/'- y;1(1( /~( ( /c ()__' ...."---- .._-; Kristine M. Anthou, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 23rJ day of ie/xu a Lit 'I <'~btN/l (' 8fc~t~(t'- ' Notary Public I ,2006. i.'::OMMONVV-N T ,'- " "J:f OF PENNSYlVN" R becca Notanal Seal , C'~OfP'~ Blazina, NotaryPublic r,,;',,_ " urgh, Allegheny eo"",, , \.,I..:11mlss/On Exp' -"'J ~~-:::-::::-- - Ires J~ne 2, 2007 ~"\lh'IJr'i",.. ,,;.~(\,~: ~'., -, ~ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE HOME FINANCE LLC, slb/mlt Chase Manhattan Mortgage Corporation, NO.: 2006-00114 Plaintiff, vs, NICOLE L. LETIZIA, Defendant. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Nicole L. Letizia 1101 Franklin Street Carlisle, P A 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 on June 7, 2006, at 10:00 A.M., the following described real estate, of which Nicole L. Letizia is the owner or reputed owner: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF NICOLE L. LETIZIA OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL EST ATE SITUATED IN THE 5TH WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 1101 FRANKLIN STREET, CARLISLE, PA 17013. DBV 214, PAGE 695, AND PARCEL #06-19-1643-013. , '. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Home Finance LLC, slb/m/t Chase Manhattan Mortgage Corporation, Plaintiff, vs. Nicole L. Letizia, Defendant, at Execution Number 2006-00114 in the amount of $76,668.49. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule ofDisnibution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. By: o/;(7i;}" ^ '-~,{ (::.,. t;< " ^- , Kristine M. Anthou, Esquire Attorney for Plaintiff . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, slb/mlt Chase Manhattan Mortgage Corporation, CIVIL DIVISION NO.: 2006-00114 Plainti ff, vs. NICOLE L. LETIZIA, Defendant. LONG FORM DESCRIPTION ALL that certain tract ofland situate in the 5th ward ofthe Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point 78.00 feet from the northeastern comer of Franklin and "G" Streets at the dividing line of Lots I and 2 as shown on the hereinafter Plan of Lots; thence along Franklin Street, South 15 degrees 39 minutes 58 seconds West, a distance of 78.00 feet to a point at "G" Street; thence along "G" Street, South 74 degrees 20 minutes 02 seconds East, a distance of 100.00 feet to a point at lands now or formerly of Jeffrey D. Hubert, et ux; thence along said lands, North 15 degrees 39 minutes 58 seconds East, a distance of78.00 feet to a point at the dividing line between Lots 1 and 2 at the hereinafter mentioned Plan of Lots; thence along said dividing line, North 74 degrees 20 minutes 02 seconds West, a distance of 100 feet to a point, the Place of BEGINNING. BEING Lot No. I on a Final Minor Subdivision Plan of the Dennis E. Yeingst property dated July 9, 1999, and recorded in the Recorder of Deeds Office, Cumberland County, Pennsylvania, August 25,1999, in Plan Book 79, Page 94. BEING the same premises which Doris L. Yeingst, single person and Dennis E. Yeingst, Trustee, in Trust for the benefit of Abigail E. Yeingst and Logan G. Yeingst, Minors, by Deed dated January 7,2000 and recorded in the Office ofthe Recorder of Deeds of Cumberland County on January 7, 2000, at Deed Book Volume 214, Page 695, granted and conveyed unto Nicole L. Letizia. GRENEN & BIRSIC, P,C. By:/~Jb,u-""rJl ~X-/' Kristine M. Antbou, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Parcel No. 06-19-1643-013 -, ;- c .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, slb/m/t Chase Manhattan Mortgage Corporation, CIVIL DIVISION Plaintiff, NO.: 2006-00114 vs. TYPE OF PLEADING NICOLE L. LETIZIA, Defendant. Pa. R.C.P. RULE 3129.2(c)(2) PURSUANT TO RULE 3129.1 LIENHOLDER AFFIDAVIT OF SERVICE FILED ON BEHALF OF PLAINTIFF: Chase Home Finance LLC, slb/m/t Chase Manhattan Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa, LD. #77991 GRENEN & BIRSIC, P.C, One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 Sale Date: 617106 ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, slb/m/t Chase Manhattan Mortgage Corporation, CIVIL DIVISION Plaintiff, NO.: 2006-00114 vs. NICOLE L. LETIZIA, Defendant. Pa. RC.P. RULE 3129.2(c)(2) LIENHOLDER AFFIDAVIT OF SERVICE I, Kristine M. Anthou, Attorney for Plaintiff, Chase Home Finance LLC, slb/m/t Chase Manhattan Mortgage Corporation, being duly sworn according to law, deposes and makes the following Affidavit regarding service of the notice of the sale ofreal property on all persons named in Paragraphs 3 through 7 of Plain tift's Affidavit Pursuant to Rule 3129.1 as follows 1. By letters dated March 7, 2006, undersigned counsel served all persons (other than the Plaintiff) named in Paragraphs 3 through 7 of Plain tift's Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective addresses set forth in the Affidavit Pursuant to Rule 3129.1. True and correct copies of said Affidavit Pursuant to Rule 3129.1 and Certificates of Mailing and any letters, ifreturned as of this date, are marked Exhibit "A", attached hereto, and made a part hereof. . I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information and belief. GRENEN & BIRSIC, P.C. c/ {'k J L C Ib.-4J./lu-- BY: Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME ~~ISI~ D~~ -___"'..f".~ Notary Public 2006. COMMONWEAlTH OF PENNSYLVANII>. Notanal Seal Gerald L Potter, Jr" Notary Public City Of Pittsburgh, Allegheny County My Commission Expires Dee, 10,2007 Member. Pennsylvania Association Of Notaries EXHIBIT "A" . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE HOME FINANCE LLC, slb/m/l Chase Manhattan Mortgage Corporation, NO.: 2006-00114 Plaintiff, vs. NICOLE L LETIZIA, Defendant. AFFIDA VIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Chase Home Finance LLC, slb/m1t Chase Manhattan Mortgage Corporation, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Nicole L. Letizia located at 1101 Franklin Street, Carlisle, P A 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF NICOLE L. LETIZIA OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE 5TH WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 1101 FRANKLIN STREET, CARLISLE, PA 17013. DBV 214, PAGE 695, AND PARCEL #06-19-1643-013. 1. The name and address of the owner or reputed owner: Nicole L. Letizia 1101 Franklin Street Carlisle, P A 17013 . . 2, Thc name and address of the defendant in thc judgment: Nicole L. Letizia ] 101 Franklin Street Carlisle, P A 170] 3 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Chase Home Finance LLC, slb/m/t Chase Manhattan Mortgage Corporation [PLAINTIFF] 4. The name and address of the last record holder of every mortgage of record: Chase Home Finance LLC, slb/m/t Chase Manhattan Mortgage Corporation [PLAINTIFF] Conseco Bank Inc, Cottonwood Corp. Center 2825 E. Cottonwood Pkwy #230 Salt Lake City, UT 84121 Conseco Finance Consumer Discount Co. flk/a Green Tree Consumer Discount Co. nlk/a Green Tree Servicing LLC 7360 South Kyrene Road Building I Tempe, AZ 85283 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PAl 7013 P A Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The 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. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NONE . . I verify that the statements made in the Affidavit are true and correct to the best of my pcrsonal knowledge, infonnation and belief. I understand that false statements herein are made subject to the pcnalties of 18 Pa. c.S,A. 94904 relating to unsworn falsification to authorities, GRENEN & BlRSIC, P.c. By: >/;/).{ v t < A ,)1(( 2, <' /i. J' .,---- -7 Kristine M. Anthou, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 23rd day of 1ehuuJA/1 'I /ilbUN t' 8lCUftll'- ' Notary Public I ,2006. rCOMMONWEAL TH OF PENNSYLVA~';' ! 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'" ,... I "" l"- ill, ~ N o o N '" '" " <; w '" "" .... co '" E o '" <Jl Cl. .~-, - .,;) 1r . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, slb/mlt Chase Manhattan Mortgage Corporation, CIVIL DIVISION Plaintiff, NO.: 2006-00114 vs. TYPE OF PLEADING NICOLE L. LETIZIA, PRAECIPE TO SATISFY JUDGMENT Defendant. FILED ON BEHALF OF PLAINTIFF: Chase Home Finance LLC, slb/mlt Chase Manhattan Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. LD. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 n r- --., ,. " .:.:~ !"-.-, r-~~ (-) --'-1 :lJ h-j .....,J G:.J -on -\"1 [',) ., (.' -" - . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, slb/m1t Chase Manhattan Mortgage Corporation, CIVIL DIVISION Plaintiff, NO.: 2006-00114 vs, NICOLE L. LETIZIA, Defendant. PRAECIPE TO SATISFY JUDGMENT TO: PROTHONOTARY SIR: Kindly satisfy the judgment at the above-captioned matter and mark the docket accordingly. GRENEN & BIRSIC, P.C. BY:~ZJYfJltlu-~ Kristine . Aniliou, Esquire Attorney for Plaintiff Sworn to and subscribed before me this...:9.& ~ day OfP - . -r<-. 2006. ..' ~pu?!td~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Joeme M, WeIv1er, NotaIy Public CIIy of PiIfllbt.rgh, AIegheny Colny My CommISsIon ExpiIllS June 19,2009 Member, Penn'yWania Association of Notaries ~ '-.'~:1 ,;..'::~ C,-- ~ -\\~\ :".') C~) r:? :::"' L t ' .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, slb/m/t Chase Manhattan Mortgage Corporation, CIVIL DIVISION Plaintiff, NO.: 2006-00114 vs. TYPE OF PLEADING NICOLE L. LETIZIA, Defendant. PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE FILED ON BEHALF OF PLAINTIFF: Chase Home Finance LLC, slb/m/t Chase Manhattan Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. LD. #77991 GRENEN & BlRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, P A 15222 (412) 281-7650 , - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, slb/m/t Chase Manhattan Mortgage Corporation, Plaintiff, vs. NICOLE L. LETIZIA, Defendant. CIVIL DIVISION NO.: 2006-00114 PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE TO: PROTHONOTARY SIR: Kindly settle and discontinue without prejudice the above-captioned matter and mark the docket accordingly. Sworn to and subscribed before me thi~Y09~ 2006. ~~ i...' Notary Public GRENEN & BIRSIC, P.C. BY:~U(~~ Kristme . Anthou, EsqUIre Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA Notarial Seal Joame M, Wehner, NoIaIy Public aty a PiIIsblrgh, AIIegtteny Coully My CoI11I,....., EllpUeo JlN 19, aJ09 Member. Pennsylvonla _n or HOWl.. \ - " ~2 !"'-'" c:") ,:' J c., -"I :::! h-l :"'\.,) ,.:co -0 "'~ --1 - , C.::' Chase Home Finance LLC slb/mlt Chase Manhattan Mortgage Corporation VS Nicole L. Letizia The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-114 Civil Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 08, 2006 at 01:30 o'clock PM, he served a true copy ofthe within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Nicole L. Letizia, by making known unto Nicole Letizia, personally, at 1101 Franklin Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same handing her the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on April 10, 2006 at 7:33 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Nicole L. Letizia located at 1101 Franklin Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Nicole L. Letizia by regular mail to her last known address of 1101 Franklin Street, Carlisle, P A 17013. This letter was mailed under the date of April 06, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Kristine Anthou. Sheriffs Costs: Docketing Poundage Advertising Levy Posting Handbills Law Library Prothonotary Mileage Certified Mail Surcharge 30.00 202.85 15.00 15.00 15.00 .50 1.00 8.80 1.63 20.00 ~, <..''\) I,J CIL 5 Y,M8 j2u.." 11%:;1( Law Journal Patriot News Share of Bills 365.00 246.80 19.57 $ 941.15 -/ ~ ~-23'O/" This _ day of ~<?An~rs: ~~ /~_.. f R. Thomas Klint~ BY( 6cL . ~wU:Lh Real Estat Sworn and subscribed to before me 2006, A.D. p" of .. . .. . . . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DNISION CHASE HOME FINANCE LLC, s/b/mlt Chase Manhattan Mortgage Corporation, NO.: 2006-00114 Plaintiff, vs. NICOLE L. LETIZIA, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Chase Home Finance LLC, s/b/mlt Chase Manhattan Mortgage Corporation, Plaintiff in the above action, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Nicole L. Letizia located at 1101 Franklin Street, Carlisle, P A 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF NICOLE L. LETIZIA OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE 5TH WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA. HA VING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 1101 FRANKLIN STREET, CARLISLE, PA 17013. DBV 214, PAGE 695, AND PARCEL #06-19-1643-013. 1. The name and address of the owner or reputed owner: Nicole L. Letizia 1101 Franklin Street Carlisle, P A 17013 . 2. The name and address of the defendant in the judgment: Nicole L. Letizia 1101 Franklin Street Carlisle, PA 17013 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Chase Home Finance LLC, slb/mlt Chase Manhattan Mortgage Corporation [PLAINTIFF] 4. The name and address of the last record holder of every mortgage of record: Chase Home Finance LLC, slb/mlt Chase Manhattan Mortgage Corporation [PLAINTIFF] Conseco Bank Inc. Cottonwood Corp. Center 2825 E. Cottonwood Pkwy #230 Salt Lake City, VT 84121 Conseco Finance Consumer Discount Co. f/k/a Green Tree Consumer Discount Co. n/kIa Green Tree Servicing LLC 7360 South Kyrene Road Building 1 Tempe, AZ 85283 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, P A 17013 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, P A 17105 6. The 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. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NONE . f , I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. GRENEN & BIRSIC, P.C. /f7~' By:"'- 1,L~VLi.A-Y'l(." /LL,^-- Kristine M. Anthou, Esquire Attorney for Plaintiff SWORN to and subscribed before me this 23rd day of 1ehuto../u? , 2006. /iJffiUb; &~(L- 0 Notary Public COMMONWEAl r ...TH.oF PENNSYLVANIP, Notanal Seal -, I ~ebecca G. Blazina Nota Pu ' .. l City Of Pit!sburgh All' henry bIle My Commission 1::"'" eg yCounly .. . ~ ,-"""res June 2, 2007 11b~r, "'-"'15'''- . , , , YOVtlT1IB AS5008k,- C~,::~,"'''' I . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DNISION CHASE HOME FINANCE LLC, s/b/m/t Chase Manhattan Mortgage Corporation, NO.: 2006-00114 Plaintiff, vs. NICOLE L. LETIZIA, Defendant. NOTICE OF SHERIFF'S SALE OF REAL EST A TE TO: Nicole L. Letizia 11 01 Franklin Street Carlisle, P A 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 on June 7, 2006, at 10:00 A.M., the following described real estate, of which Nicole L. Letizia is the owner or reputed owner: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF NICOLE L. LETIZIA OF, IN AND TO THE FOLLOWlNG DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE 5TH WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 1101 FRANKLIN STREET, CARLISLE, PA 17013. DBV 214, PAGE 695, AND PARCEL #06-19-1643-013. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Home Finance LLC, s/b/mft Chase Manhattan Mortgage Corporation, Plaintiff, vs. Nicole L. Letizia, Defendant, at Execution Number 2006-00114 in the amount of $76,668.49. A Schedule of Distribution will be filed by the Office ofthe Sheriffno later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office ofthe Sheriffwithin ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. By: /~QL<.A-Jf..a<-/-.j--,--- Kristine M. Anthou, Esquire Attorney for Plaintiff IN THE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, slb/mlt Chase Manhattan Mortgage Corporation, CIVIL DIVISION NO.: 2006-00114 Plaintiff, vs. NICOLE L. LETIZIA, Defendant. LONG FORM DESCRIPTION ALL that certain tract ofland situate in the 5th ward ofthe Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point 78.00 feet from the northeastern comer of Franklin and "G" Streets at the dividing line of Lots 1 and 2 as shown on the hereinafter Plan of Lots; thence along Franklin Street, South 15 degrees 39 minutes 58 seconds West, a distance of 78.00 feet to a point at "G" Street; thence along "G" Street, South 74 degrees 20 minutes 02 seconds East, a distance of 100.00 feet to a point at lands now or formerly of Jeffrey D. Hubert, et ux; thence along said lands, North 15 degrees 39 minutes 58 seconds East, a distance of78.00 feet to a point at the dividing line between Lots 1 and 2 at the hereinafter mentioned Plan of Lots; thence along said dividing line, North 74 degrees 20 minutes 02 seconds West, a distance of 100 feet toa point, the Place of BEGINNING BEING Lot No.1 on a Final Minor Subdivision Plan of the Dennis E. Yeingst property dated July 9, 1999, and recorded in the Recorder of Deeds Office, Cumberland County, Pennsylvania, August 25, 1999, in Plan Book 79, Page 94. BEING the same premises which Doris L. Yeingst, single person and Dennis E. Yeingst, Trustee, in Trust for the benefit of Abigail E. Yeingst and Logan G. Yeingst, Minors, by Deed dated January 7,2000 and recorded in the Office ofthe Recorder of Deeds of Cumberland County on January 7, 2000, at Deed Book Volume 214, Page 695, granted and conveyed unto Nicole L. Letizia. GRENEN & BIRSIC, P.C. B/J><-~~J Kristine M. Anthou, squire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, P A 15222 (412) 281-7650 Parcel No. 06-19-1643-013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-114 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Chase Home finance LLC s/b/m/t Chase Manhattan Mortgage Corporation Plaintiff (s) From Nicole L. Letizia (I) You are directed to levy upon the property of the defendant (s)and to sell 1101 Franklin Street, Carlisle, P A 17013 see legal description. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due75,404.00 Interest $1,264.49 (2/15/06 to sale) L.L.$.50 Atty's Comm Atty Paid $114.40 Plaintiff Paid Date: February 28, 2006 % Due Prothy $1.00 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name Kristine M. Anthou, Esq. Address: One Gateway Center, 9th Floor Pittsburgh, P A 15222 Attorney for: Plaintiff Telephone: (412) 281-7650 Supreme Court ID No. 77991 Real Estate Sale # 67 On March 06, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, P A Known and numbered as 1101 Franklin Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. ~ ~ ~ Date: March 06, 2006 ~ ~ By: v&clu~ Real ~s~te Sergeant os :()\ 'V Z - ~~\'l ~UUI .,\' ; "vltGBWIYJ \jd 'A1N\lO-) Ul\ 033\.:130 3.:!H:l3HS 3H1 j PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA 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: April 7, 14,21,2006 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. SWORN TO AND SUBSCRIBED before me this 21 day of April. 2006 NOTA IAL SEAL LOIS E. SNYDER, Notary Public Carlisle 8oro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE BALE NO. 67 Writ No. 2006-114 Civil Chase Home Finance LLC sJb/m/t Chase Manhattan Mortgage Corporation vs. Nicole L, Letizia Atty,: Gregory Javardian LONG FORM DESCRIPTION ALL that certain tract ofland situ- ate in the 5th ward of the Borough of Carlisle. Cumberland County. Pennsylvania. bounded and de- scribed as follows: BEGINNING at a point 78.00 feet from the northeastern corner of Franklin and "G" Streets at the di- viding line of Lots 1 and 2 as shown on the hereinafter Plan of Lots; thence along Franklin Street, South 15 degrees 39 minutes 58 seconds West. a distance of 78.00 feet to a point at "G" Street; thence along "G" Street. South 74 degrees 20 min- utes 02 seconds East, a distance of 100.00 feet to a point at lands now or formerly of Jeffrey D. Hubert. et ux; thence along said lands, North 15 degrees 39 minutes 58 seconds East, a distance of 78.00 feet to a point at the dividing line between Lots 1 and 2 at the hereinafter men- tioned Plan of Lots; thence along said dividing line. North 74 degrees 20 minutes 02 seconds West, a dis- tance of 100 feet to a point. the Place of BEGINNING BEING Lot No, 1 on a Final Mi- nor Subdivision Plan of the Dennis E. Yeingst property dated July 9, 1999. and recorded in the Recorder of Deeds Office, Cumberland County, Pennsylvania, August 25. 1999. in Plan Book 79. Page 94. BEING the same premises which Doris L. Yeingst. single person and Dennis E. Yeingst. Trustee, in Trust for the benefit of Abigail E. Yeingst and Logan G. Yeingst. Minors. by Deed dated January 7. 2000 and recorded in the Office of the Re- corder of Deeds of Cumberland County on January 7, 2000, at Deed Book Volume 214. Page 695. granted and conveyed unto Nicole L. Letizia. Parcel No. 06-19-1643-013, "-_.._~,.__.....~ 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of 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 19th and 26th day(s) of April and the 3rd day(s) of May 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. PUBLICATION COpy S ALE #67 ~ CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013