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HomeMy WebLinkAbout06-1065 MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series #2005-2 450 West 33rd Street, 15th Floor New York, NY 10001, Plaintiff, Vs. Diane Kostick 405 9th Street New Cumberland, PA 17070, Defendant. Attorney for Plaintiff File No.: 1.04728 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: Ole. -/01."S C;u~C-'-€/Ll CIVIL ACTION MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cwnberland County Notice to Defend 32 S. Bedford Street Carlisle, P A 17013 717-249-3166 ************************************************************************************************** NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT ************************************************************************************************** 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. MILSTEAD & ASSOCIATES, LLC BY:Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (8S6) 482-1400 Attorney for Plaintiff JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series #2005-2, 450 West 33rd Street, 15th Floor New York, NY 10001 COURT OF COMMON PLEAS CUMBERLANDCOVNTY No.: O~ - IOt,S C!/~l'L ~8L}'vl Plaintiff, Vs. CIVIL ACTION MORTGAGE FORECLOSURE Diane Kostick 405 9th Street New Cumberland, P A 17070, Defendant. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series #200S-2 (the "Plaintiff'), is a corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 4S0 West 33rd Street, ISth Floor, New York, NY 10001. 2. Defendant, Diane Kostick, (the "Defendant"), is an adult individual and is the real owner of the premises hereinafter described. 3. Diane Kostick, Defendant, resides at 40S 9th Street, New Cumberland, PA 17070. 4. On November 12, 2004, in consideration of a loan in the principal amount of $89,900.00, the Defendant executed and delivered to Wilmington Finance, a division of AIG Federal Savings Bank a note (the "Note") with interest thereon at 6.890 percent per annwn, payable as to the principal and interest in equal monthly installments of $S91.48 commencing January 1, 200S. 5. To secure the obligations under the Note, the Defendant executed and delivered to Wilmington Finance, a division of AIG Federal Savings Bank a mortgage (the "Mortgage") dated November 12, 2004, recorded on November 15, 2004 in the Department of Records in and for the County of Cumberland under Mortgage Book 1888, Page 0133. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. Plaintiff is the proper party Plaintiff by assignment to be recorded. 6. The Mortgage secures the following real property (the "Mortgaged Premises"): 405 9th Street, New Cumberland, P A 17070. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 7. The Defendant is in default of his /her obligations pursuant to the Note and Mortgage because payments of principal and interest due December I, 2034, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 8. The following amounts are due on the Mortgage and Note: Balance of Principal $89,285.32 Accrued but Unpaid Interest from 9/1105 to $3,387.61 21\7/06 @ 6.890% per annum ($16.85 per diem) Accrued Late Charges $354.84 Escrow Advance $400.91 Title Search Fees $350.00 Reasonable Attorney's Fees $1,250.00 TOTAL as of 02/17/2006 $95,028.68 Plus, the following amounts accrued after February 17,2006: Interest at the Rate of 6.890 per cent per annum ($16.85 per diem); Late Charges of $29.57 per month. 9. Plaintiff has complied fully with Act NO.9] (35 P.S.'] 680.401 (c) of the 1983 Session of the General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing to the Defendant at 405 9th Street, New Cumberland, P A 17070 as well as to address of residences as listed in paragraph 3 of this document on December 2, 2005, the notice pursuant to' 403-C of Act 9], and the applicable time periods therein have expired. True and correct copies of such notices are attached hereto as Exhibit "B" and made apart hereof. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8, namely, $95,028.68, plus the following amounts accruing after February 17,2006, to the date of judgment: (a) interest of$]6.85 per day, (b) late charges of $29.57 per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. MILS VERIFICATION I, Pina S. Wertzberger, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff s behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. ' 4904, relating to unsworn falsification to authorities. Exhibit A ALL THAT CERTAIN TRACT OF LAND, TOGETHER WITH THE IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN THE BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA BOUNDED AND DESCRIBED ACCORDING TO A SURVEY AND PLAN THEREOF MADE BY GERRIT J. BETZ, R.S., DATED APRIL 5, 1974 AS FOLLOWS, TO WIT: BEGINNING AT A DRILL HOLE IN THE NORTHERN LINE OF NINTH STREET (50 FEET WIDE) AT THE CORNER OF LAND, NOW OR FORMERLY OF CARL E. GOSS, BEING HOUSE NO. 407, SAID POINT BEING MEASURED 300.48 FEET IN AN EASTERLY DIRECTION FROM THE NORTHEASTERN CORNER OF THE INTERSECTION OF NINTH STREET AND BRANDT AVENUE; THENCE EXTENDING FROM SAID POINT OF BEGINNING AND THROUGH THE CENTER LINE OF PARTITION WALL BETWEEN HOUSES NOS. 405 AND 407 NINTH STREET, NORTH 27 DEGREES 30 MINUTES WEST A DISTANCE OF 100.00 FEET TO HUB ON THE SOUTH SIDE OF AN ALLEY (10 FEET WIDE); THENCE ALONG SAID ALLEY, NORTH 62 DEGREES 30 MINUTES EAST THE DISTANCE OF 22.0 FEET TO A, HUB AT THE CORNER OF LANDS, NOW OR FORMERLY, OF ANDREW JOSEPH MAHALKO; THENCE ALONG LANDS, NOW OR FORMERLY OF ANDREW JOSEPH MAHALKO SOUTH 27 DEGREES 30 MINUTES EAST THE DISTANCE OF 100.0 FEET TO A HUB ON THE SAID SIDE OF NINTH STREET; THENCE ALONG THE SAID SIDE OF NINTH STREET; THENCE ALONG THE SAID SIDE OF NINTH STREET SOUTH 62 DEGREES 30 MINUTES WEST THE DISTANCE OF 22.0 FEET TO A POINT, THE PLACE OF BEGINNING. UNDER AND SUBJECT, NEVERTHELESS TO EASEMENTS, RESTRICTIONS, RESERVATIONS, CONDITIONS. AND RIGHTS OF WAYS OF RECORD OR VISIBLE UPON INSPECTION OF PREMISES. BEING THE SAME PROPERTY CONVEYED TO DIANE C. KOSTICK, A SINGLE WOMAN BY DEED FROM STEPHEN T. PARRY, A MARRIED MAN RECORDED 11/15/2004 IN DEED BOOK 266 PAGE 1186, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA. TAX ID* 26-24-0811-200A EXHIBIT A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort~a~e ofvour home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pazes The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM IHEMAP) may be able to Help save your home. This notice exolains how the program works. To see ifHEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with vou when vou meet with the Counselin~ A~enGY The name adcire~s and phone nnmher of (;ommmer Credit rOllm:eJina Aflencies ~rvicinS1 your County are listf"..d at the end of this Notice. If vou have anv auestions. vou mav call the Pennsvlvania Housing Finance Agencv toll free at 1.800-342-2397 (Persons with impaired hearin~ can call (717) 780-1869 This Notice contains legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lav.yer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORT ANCIA, PUES AFECT A SU DERECHO A CONTINVAR VIVIENDO EN SI CASA SI NO COl\1PRENDE EL CONTENIDO DE EST A NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO" HOMEOWER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE DAL V AR SU ~ASA DE LA PERDOD DEL DERECHO A REDMIR SU HIPOTECA. lI1PAl OJ!JI!OJ 10,11 .-- ,~"..,...=, OWlS" B December 2, 2005 lI~"'l \1111'(14 lO,lI(l OOQC014IZIOZ!il5CMEQTSC2 202 D*3llil3$ Diane Kostick 405 9TH 5T NEW CUMBERLAND PA 17070-1513 LOAN ACCTNO.: 7006132 ORIGINAL LENDER: Equity One, Inc. CURRENT LENDERlSERVICER: Equity One, Inc. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VB YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. IHlS MEETING MUST OCCUR WITHIN THE NEXT (30\ DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEF AUL T" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE " . . . . '-..' . " . CONSUMER CREDlT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and tele,phone numbers of desi~ated consumer counselin~ a~encies for the countv in which the oroperty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in !his Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeov.ner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeov.ner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDlA TEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sIxty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAUL T (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 405 9TH ST NEW CUMBERLAND P A 17070 li1P..3 ll4J07/(lJ 14,411 00001134 U!02/05 CM~QTS02 2QZ IlOICO&lU IS SERlOUSL Y IN DEFAULT because: YOU HA VB NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months are now past due: September 2005 - December 2005 at $591.4& per month, totaling $2,365.92 plus the following: $422.2& Escrow: Current Late Charges: $&&.71 Deferred Late Charges: $29.57 NSF Charges: $0.00 TOTAL AMOUNT PAST DUE: $2,906.48 HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $2,365.92 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERlOD. Payments must be made either by cash, cashier's check or money order made payable and sent to: Equity One, Inc. 301 Lippincott Drive. Suite 100 Marlton. New Jersev 08053 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. Iffull payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attomeys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgaged debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, iflegal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any Attorney's fees will be added to the anlOunt you owe the lender, which may also include other reasonable costs. If you Cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO THE SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclose proceedings have begun, you will still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or charges then due, reasonable attorney's fees and costs connected with the Sheriffs Sale as specified in "riting by the lender and by performing any other requirements under the mortgage. Curing the default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. ,.,PM 04/01!O, 14'~O .000034 121.~1.5 CMEQTS02 2 OZ ODI4JQ~'U EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately FIVE (5) months from the date ofthis Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may fmd out at any time exactly what the required payment of the action will be by contacting the lender. HOW TO CONTACT THE LENDER' Phone Number: Contact Person: Equity One, Inc. 301 Lippincott Drive, Suite 100 Maritan, New Jersey 08053 1-866-361-3460 Timothy Tracy Name of Lender: Address. EFFECT OF THE SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You mayor may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding pa)ments, charges and attorney's fees and costs are paid prior to it at the sale and that the other requirements of the mortgage are satisfied. Please contact: Equity One, Inc. 30 I Lippincott Drive, Suite 100 Maritan, NJ 08053 1-856-396-3606 YOU MA Y ALSO HAVE THE RIGHT' TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THE DEBT. TO HA VB THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HA VB THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL THAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HA VB THIS RIGHT TO CURE YOUR DEE AUL T MORE THAN THREE TIMES IN ANY CALENDAR YEAR). TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDINGS OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HA VB TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS INCLUDED. JllPAS 04i~710J 14,G 00OO03412102!OSC,",EaT$02 20Z oa_l" Pennsylvania Housing Finance Agency Homeownerls Emerengency Mortgage Assistance Program Consumer Credit COunseling Agencies CUMBERLAND Adams County Housing AuthOrity 139-143 Carlisle St. Gettysburg PA 17325 (717) 334-1518 FAX (717) 334-8326 kledford.adamscha.org CCCS of Western PA 2000 Llnglestown Road Harrisburg PA 17102 (717) 541-1757 FAX (717) 541-4670 jcorrell@cccspa.org Community Action Commission of Captlal Region 1514 Derry Street Harrisburg PA 17104 (717) 232-9757 FAX (717) 234-2227 lufcac@paonline.com financial Counseling Services of Franklin 43 Philadelphia Avenue Waynesboro PA 17268 (717) 762-3285 717-762-0460 natalie~csl.com Loveship, Inc. 2320 North 5th Street Harrisburg PA 17110 (717) 232-2207 lsopportunitiesPaol.com PHFA 2101 North Front Street Harrisburg PA 17110 800-342-2397 7177803995 drotz@lphfa.org Urban League of Metropolitan Hbg 2107 N. 6th st~eet Harrisburg PA 17101 (717) 234-5925 FAX (717) 234-9459 rnbulmh@laol . com JB,PHr04/0B!OJ '3'20 Oll000:\412102!05C"'EQTS02 2QZ 0014305135 ~ ~ B lrt r-_,::l '--'j ~ ~\ ) ~ VI .-' -,~\ --c : ,un U1 ,. ~ f',) \)' (..J) .", - ~ "-> ~ , . .. ..a - ~ (f"'\ :> pJ .4 ~ ~-F r'~; SHERIFF'S RETURN ~ REGULAR CASE NO: 2006~01065 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS KOSTICK DIANE WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law, says, the within COMPLAINT ~ MORT FORE KOSTICK DIANE was served upon the DEFENDANT , at 2106:00 HOURS, on the 23rd day of February, 2006 at 405 9TH STREET NEW CUMBERLAND, PA 17070 DIANE KOSTICK by handing to a true and attested copy of COMPLAINT ~ MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 14.96 .00 10.00 .00 42.96 Sworn and Subscribed to before me this /.p day of So Answers: r< - 'i":,;,,<__c :::>~..-:..' -:,j.' -' ~- .~." ' "';.'--'" ". /-. y~ "l^"....~~~ ';I . R. Thomas Kline 02/24/2006 MILSTEAD & ASSOCIATES By: ~~~. " eputy S eriff , ,.' . MILSTEAD & ASSOCIATES, LLC BY: PINA S. WERTZBERGER, ESQUIRE Attorney ID# 77274 220 Lake Drive East, Suite 301 Cherry HiIl, NJ 08002 (856) 482-1400 JP Morgan Chase Bank as Trustee for Equity One ABS, Inc., Mortgage/pass through certificate series #2005-2 450 West 33rd Street New York, NY 10001, Plaintiff, Attorneys for Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No.: 06-1065 Civil Term Vs. Diane Kostick 405 9th Street New Cumberland, PA 17070 Defendant. PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against Diane Kostick, Defendant for failure to file an Answer on Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and sale ofthe mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest - 2/18/06 to 3/30/06 Late Charges Escrow Advance Corporate Advance TOTAL $95,028.68 690.85 29.57 262.93 2,603.84 $98,615.87 I hereby certif'y that (I) the addresses of theI'laintiff and Drfendants are as shown above and (2) that notice has been given in accordancywlth 1lule 23 .',. attached. /' ~"~. I / / Pina'; eft rg, squire Attorney for Plainti' .... DATE: ~-)tl..\ l !J::J 001.,., k / J/7 . , PR6THONOTARY ~ ~ 4 {00095838) , ' MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through cerificate series #2005-2, Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.: 06-1065 CIVIL TERM Vs. Diane Kostick, Defendant(s). TO: Diane Kostick 405 9th Street New Cumberland, PA 17070 DATE OF NOTICE: March 17,2006 THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. {OOO93319) Page 1 of 2 , ' .. CUMBERLAND COUNTY NOTICE TO DEFEND 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 Pina S. Wertzberger, Esquire # 77274 {00093319) Page 2 of 2 .. , MILSTEAD & ASSOCIATES, LLC BY: PINA S. WERTZBERGER, ESQUIRE Attorney ID# 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 JP Morgan Chase Bank as Trustee for Equity One ABS, Inc., Mortgage/pass through certificate series #2005-2 450 West 33rd Street New York, NY 10001, Plaintiff, Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 06-1065 Civil Term Vs. Diane Kostick 405 9th Street New Cumberland, PA 17070 Defendant. VERIFICATION OF NON-MILITARY SERVICE Pina S. Wertzberger, Esquire, hereby verifies that she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, she has knowledge of the following facts, to wit: 1. that the defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldier' and Sailors' Civil Relief Act of Congress of 1940, as amended. 2. defendant, Diane Kostick is over 18 years of age and resides at 405 9th Street, New Cumberland, PA 17070. - {00095838) t P 1- jI:. C" - r ~ ~ ~ If) ~ ~ ~ r-' () -n --' <0< I _J ~ -lG -C\ 7'~ Q ~ V ~~ --0 :p ~ '-~ c:"1 I....~' ~ I In the Court of Common Pleas of Cumberland County, PA JP Morgan Chase Bank as Trustee for Equity One ABS, Inc., Mortgage/pass through certificate series #2005-2 Plaintiff CIVIL ACTION NO.: 06-1065 Civil Term Vs. Praecipe For Writ of Execution (Mortgage Foreclosure) Diane Kostick Defendant(s) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: I. Directed to the Sheriff of Cumberland County; 2. Against the Defendant(s) in the above captioned matter; 3. and index this writ against the Defendant(s) as follows: Diane Kostick 4. Real property involved: 405 9th Street New Cumberland, PA 17070 AMOUNT DUE $98,615.87 INTEREST From 3/31/06 to Date of $ Sale at $16.21 per diem TOTAL $ (Costs to be added) March 30, 2006 '- I I~- J squue {00095838} t~ --- E -:z ..{) ~ -- ~~ ~ ~ --- <'-1 c; C' c:. r~ ~ - 90 ...c. --{) ~ \ -J:: - 9-..l lr( -0 \) ~ C I \ -J "~~~~ ~~ VI. 9-J~1I1 1Il C VJc' \:' c I \ ::: .j,g.. '.'.;. '.~'1 r~ ' - ~ , ALL THAT CERTAIN TRACT OF LAND, TOGETHER WITH THE IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN THE BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA BOUNDED AND DESCRIBED ACCORDING TO A SURVEY AND PLAN THEREOF MADE BY GERRIT J. BETZ, R.S., DATED APRIL 5, 1974 AS FOLLOWS, TO WIT: BEGINNING AT A DRILL HOLE IN THE NORTHERN LINE OF NINTH STREET (50 FEET WIDE) AT THE CORNER OF LAND, NOW OR FORMERLY OF CARL E. GOSS, BEING HOUSE NO. 407, SAID POINT BEING MEASURED 300.48 FEET IN AN EASTERLY DIRECTION FROM THE NORTHEASTERN CORNER OF THE INTERSECTION OF NINTH STREET AND BRANDT AVENUE; THENCE EXTENDING FROM SAID POINT OF BEGINNING AND THROUGH THE CENTER LINE OF PARTITION WALL BETWEEN HOUSES NOS. 405 AND 407 NINTH STREET, NORTH 27 DEGREES 30 MINUTES WEST A DISTANCE OF 100.00 FEET TO HUB ON THE SOUTH SIDE OF AN ALLEY (10 FEET WIDE); THENCE ALONG SAID ALLEY, NORTH 62 DEGREES 30 MINUTES EAST THE DISTANCE OF 22.0 FEET TO A HUB AT THE CORNER OF LANDS, NOW OR FORMERLY, OF ANDREW JOSEPH MAHALKO; THENCE ALONG LANDS, NOW OR FORMERLY OF ANDREW JOSEPH MAHALKO SOUTH 27 DEGREES 30 MINUTES EAST THE DISTANCE OF 100~0 FEET TO A HUB ON THE SAID SIDE OF NINTH STREET; THENCE ALONG THE SAID SIDE OF NINTH STREET; THENCE ALONG THE SAID SIDE OF NINTH STREET SOUTH 62 DEGREES 30 MINUTES WEST THE DISTANCE OF 22.0 FEET TO A POINT, THE PLACE OF BEGINNING. UNDER AND SUBJECT, NEVERTHELESS TO EASEMENTS, RESTRICTIONS, RESERVATIONS, CONDITIONS, AND RIGHTS OF WAYS OF RECORD OR VISIBLE UPON INSPECTION OF PREMISES. BEING KNOWN AS 405 9th Street, New Cumberland, PA 17070 PARCEL ID NO: 26-24-0811-200A IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling {00095838} WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1065 Civil CIVIL ACTION ~ LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK AS TRUSTEE FOR EQUITY ONE ABS, INC., MORTGAGE/PASS THROUGH CERTIFICATE SERIES #2005-2, Plaintiff (s) From DIANE KOSTICK (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined trom paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $98,615.87 L.L. $.50 Interest FROM 3/31/06 TO DATE OF SALE AT $16.21 PER DIEM Atty's Comm % Due Prothy $1.00 Other Costs Atty Paid $124.96 Plaintiff Paid Date: APRIL 7, 2006 CURTIS R. LONG (Seal) prothon~ p <--.!ly. 0", L. / Deputy 7tzC/l/Ul< / REQUESTING PARTY: Name PINA S. WERTZBERGER, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC. WOODLAND FALLS CORPORATE PARK 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 77274 ~ , MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff JP Morgan Chase Bank as Trustee for Equity One ABS, Inc., Mortgage/pass through certificate series #2005-2 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 06-1065 Civil Term vs. AFFIDAVIT PURSUANT TO RULE 3129.1 Diane Kostick Defendant(s) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JP Morgan Chase Bank as Trustee for Equity One ABS, Inc., Mortgage/pass through certificate series #2005-2, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 405 9th Street, New Cumberland, P A 17070: 1. Name and address ofOwners(s) or Reputed Owner(s): Diane Kostick 405 9th Street New Cumberland, P A 17070 2. Name and address ofDefendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Known {00095838) ,. . 4. Name and Address of the last recorded holder of every mortgage of record: lP Morgan Chase Bank as Trustee for Equity One ABS, Inc., Mortgage/pass through certificate series #2005-2 (Plaintiff herein) 450 West 33rd Street New York, NY 10001 5. Name and address of every other person who has any record lien on the property: None Known 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 405 9th Street New Cumberland, P A 17070 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, P A 17105 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.', --. , ~. Pina . Wertzberger, Esquire Attorney for Plainti Date: March 30, 2006 {00095838} j ~, f_) ,..-:.J -, ..J'" ...~) en f......) , MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff JP Morgan Chase Bank as Trustee for Equity One ABS, Inc., Mortgage/pass through certificate series #2005-2 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 06-1065 Civil Term Vs. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PA.R.C.P. 3129 Diane Kostick Defendant(s) TAKE NOTICE: Your house (real estate) at 405 9th Street, New Cumberland, P A 17070 is scheduled to be sold at Sheriffs Sale on September 6, 2006 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, P A 17013 to enforce the Court Judgment of $98,615.87 obtained by JP Morgan Chase Bank as Trustee for Equity One ABS, Inc., Mortgage/pass through certificate series #2005-2. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: I. The Sale will be cancelled if you pay to Milstead and Associates, LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See Notice on next page and how to obtain an attorney). {00095838} ,. . YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead and Associates, LLC at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriffthe full amount due on the Sale. To find out if this has happened you may call Milstead and Associates, LLC at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as ifthe Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 (800) 990-9108 06-1-04728 {00095838} '" , ALL THAT CERTAIN TRACT OF LAND, TOGETHER WITH THE IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN THE BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA BOUNDED AND DESCRIBED ACCOilDING TO A SURVEY AND PLAN THEREOF MADE BY GERRIT J. BETZ, R.S., DATED APRIL 5, 1974 AS FOLLOWS, TO WIT: BEGINNING AT A DRILL HOLE IN THE NORTHERN LINE OF NINTH STREET (50 FEET WIDE) AT THE CORNER OF LAND, NOW OR FORMERLY OF CARL E. GOSS, BEING HOUSE NO. 407, SAID POINT BEING MEASURED 300.48 FEET IN AN EASTERLY DIRECTION FROM THE NORTHEASTERN CORNER OF THE INTERSECTION OF NINTH STREET AND BRANDT AVENUE; THENCE EXTENDING FROM SAID POINT OF BEGINNING AND THROUGH THE CENTER LINE OF PARTITION HALL BETWEEN HOUSES NOS. 405 AND 407 NINTH STREET, NORTH 27 DEGREES 30 MINUTES WEST A DISTANCE OF 100.00 FEET TO HUB ON THE SOUTH SIDE OF AN ALLEY (10 FEET WIDE); THENCE ALONG SAID ALLEY, NORTH 62 DEGREES 30 MINUTES EAST THE DISTANCE OF 22.0 FEET TO A HUB AT THE CORNER OF LANDS, NOW OR FORMERLY, OF ANDREW JOSEPH MNlALKO; THENCE ALONG LANDS, NOW OR FORMERLY OF ANDREW JOSEPH MAHALKO SOUTH 27 DEGREES 30 MINUTES EAST THE DISTANCE OF 100'.0 FEET TO A HUB ON THE SAID SIDE OF NINTH STREET; THENCE ALONG THE SAID SIDE OF NINTH STREET; THENCE ALONG THE SAID SIDE OF NINTH STREET SOUTH 62 DEGREES 30 MINUTES WEST THE DISTANCE OF 22.0 FEET TO A POINT, THE PLACE OF BEGINNING. UNDER AND SUBJECT, NEVERTHELESS TO EASEMENTS, RESTRICTIONS, RESERVATIONS, CONDITIONS, AND RIGHTS OF WAYS OF RECOilD OR VISIBLE UPON INSPECTION OF PREMISES. BEING KNOWN AS 405 9th Street, New Cumberland, P A 17070 PARCEL ID NO: 26-24-081l-20OA IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling {OO09S838} .-~') (U) ',-' ';:'n .' <.:f' .-.~ --.tl \ _1 ...;'1 c5\ r-..) ~ \, ,'. II' ... -- MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77472 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff JP Morgan Chase Bank as Trustee for Equity One ADS, Inc., Mortgage/pass through certificate series #2005-2 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff No.: 06-1065 Civil Term Vs. : AFFIDAVIT PURSUANT TO Pa.R.C.P.3129.2 Diane Kostick Defendant STATEOFPENNSYLVAN[A COUNTY OF CUMBERLAND ) ) I, Pina S. Wertzberger, Esquire, of full age, being duly sworn according to law, upon my oath, depose and say, 1. On May 5, 2006, a copy of the Notice of Sheriff's Sale of Real Property was served upon the defendant, Diane Kostick, by certified mail, returned receipt requested. A copy of the signed certified card is attached hereto and made a part hereof as Exhibit "A". 2. On May 18, 2006, a notice of Sheriff's Sale was served upon lien holders of record and interested parties by ordinary mail. A copy of the certificate of mailing is attached hereto and made a part hereof as Exhibit "B". TES, LLC {OO118588} t , .. , l---~~?1A-rtid;N;;~~"'"~.__h__'.- ...m...n~m....n__n_.__.______ I .,~~ ~UIIII~11111111 1lWl 3"IIlo '11II' 53111 Ilolo'l 3. Servtce Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) DYes 1. Article Addressed to: c._ U1~'~ x D. II deIIvIry 8ddreeI cIIIerent from Ilwn 11 If YES, enter deIIvefy address beloW: D_ O- 0.... ONo Diane Kostick 405 9th Street 1.04728 New Cumberland, P A 17070 GW PS Form 3811, January 2005 Domestic Return Receipt , o::s~l:z "'OOlijll' ~!;~::l~ :I:~='$> .FO~OZ Z~'G:l QOO L..~ri>~ li~~~ ",0",'" "iil;4'" fCD"mO (.o)"'O(f)~ oa) - U) .....:;a.r-m (iz <> m " c: ," ",.,,-< .. .. ~ " ... ... ... '" .. .. ~ "li'~ ~ .. '" ag -n Z ? 0 ~tD:z. - i .. li-l ~~ ~ .. S' !l.i ~ o.~ ..~ ~s. 0 - co '1' t f\ ~ r--.J-...) -", Zo "", ~;l a;: a~ ~" <. ~il\ ~" ." i .... o " ill ~~ i9;1\:~~UJ "'lg.o.og:3'~3 !!\.e- ~~.;.g:"'@C5~lii: <> ~ a ~ i _.all1 3 ~ "_2::~o..3 5.~ c: II)! ~~ ~;t:. ~ 5'i ~~ $1& . C5~ ~i ;;,;!g m2g'S'3'<~)(CDg, ...-.>>... ""t'03 ~QI5"5'~'CD < o. -,:s~Q.& =~.e- p H~ii'8'l:3!. f' llI' l:~ g ;. ""'I ~. ; ~ 'cn~lW~ i~. a al ",";aa 3 ~ :n 5""& i=~g~o- in 0: a.ii" 3:_08- ~"O ; .... (I _...."" m- .. ~ :r ,."p:: '< ~ ~ !i~~~~hl- ~ ~~~ig~~~ ... _.g. a.2goQ,1 "Ill i"S'...\i-.:>:> .caca(f:3=,::3o. '" ~I1H!i~.g~ 3C s.l>> ii!. c:: =' eo... z: g.:gQ.;~lil~i r- a.-<s::g rJl &i,at o' <00 IXI ~ fila-Fiji,' !!. '"'... Og ,..,.....,..,.............",onZ"">-l \J w~.J v""""" G 0 <0 0 CD e; El.g e 0"" El :l; V> " ~ ~ 1i ~ g. 0, Ii 3 n "",)1 ,,~...Eld'o!30"'(J'.l6 ~g[~~~~~~~g < 0 "'"d -oJ 0 e:..::1.......'"O ......~('j~>V1-,e-1>> 1>> -l(J'.lOO ~"s. e i S o:i CD ~t.P- '" Q: El -- ::;;.",,,,, n~5; ~"'> o .. S ..... ~ (') tIl: .....:J g.'i;' '%3 o _ ~ 0 ;: a ~ rn .... -. " 0 .. ~ H ~ /; j!, '-t: ~::~. ,;,,' .,;:; :--;;;. L, ';.~-~~::: 3G0803GO;)d\Zil~Oll.JOJ11''''', .' 900~ S, ^"\~ tSSllSHC'OO.. . 006'00 $ d, 1:0 $~M()'\1}'3l'UkI~~ C --~,.~ . ~~sq;.~....AfJg -' ~;:;:",",;;l,'<lWtJ ,",",~.i,1"..y~;'- - " f;!/ ;. .,:., ,....~.:.I~'j <l;Qd <;;f>"~ z ~ -'0 Q- !!\.~ it ~; ..", Ii r !l 0. -. DDD><~ i 005'\;'0 .l!l lO~"~ _ ~<>a"m 0. "'~-< i .. -< -: '" i~ .. !' ~ !Ii: ~ r "i &" ig: .. b Ii!: r; \Ie. c .. it- ~ DO :<~ ~~ ~~ "'or ~= ~! ijl;! c" ~a III " ;fffi _.0 Ii" !~ !~ ~ III g '" .... o " <i \!!.c 161 "'''' 0\" b i i=> ...." lia .. !l ~c S' 5(. Cl ~ .. I ~or, i.a j g'". : !!.~ 1 8= l~' a! 5''' Ii'" ",i ==~ . ~ . ~ -n'" Ii=> -n'" Ix If ~ .. ~ II ~ .. : ; ~ . (") G <- -oi~i~ III [ " ;-; ~' co) -' ~:(~:; ~~: z ~ I' ~ = = "'" ".. c:: C> ~ :1 m:!l -0 hi =",.)9 06 -Lr ~15::!3 ~7C) om ?E -< -J -0 :x Cf? c::> -J COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Equity One Abs Inc Tr is the grantee the same having been sold to said grantee on the 6th day of ~ A.D., 2006, under and by virtue of a writ Execution issued on the 7th day of April, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 1065, at the suit of Equity One Abs Inc tr against Diane Kostick is duly recorded in Deed Book No. 276, Page 4407. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ;{tj day of >>r-. , A.D. ;too b ryu '~ 15 ~, ~O RIcoIdIr 01 DeIdI, CUmbeIlInd Ccullr. CIIIIIII, PA My CornmIlIIIoo ElIpnt III FIlII __ ot_101O Recorder of Deeds . ~ . JP Morgan Chase Bank, as Trustee VS Diane Kostick In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-1065 Civil Term Jessica Hermansen, Deputy Sheriff, who being duly sworn according to law, states that on July 6,2006 at 2: 14 o'clock P.M., she served a true copy ofthe within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Diane Kostick, by making known unto Diane Kostick, personally at 405 9th Street, New Cumberland, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Douglas Ruzanski, Deputy Sheriff, who being duly sworn according to law, states that on June 28, 2006 at 10:55 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Diane Kostick located at 405 9th Street, New Cumberland, Pennsylvania, 17070 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: Diane Kostick, by regular mail to their last known address of 405 9th Street, New Cumberland, Pennsylvania, 17070. This letter was mailed under the date of July 12, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 06, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Pina Wertzberger for JP Morgan Chase Bank as Trustee for Equity One Abs, Inc., Mortgage/pass through certificates series #2005-2. It being the highest bid and best price received for the same, JP Morgan Chase Bank as Trustee for Equity One Abs, Inc., Mortgage/pass through certificates series #2005-2 of 450 West 33rd Street, New York, NY 10001, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$1,029.62. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library $30.00 20.19 15.00 15.00 30.00 10.00 .50 . l Prothonotary Mileage Levy Surcharge Law J oumal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 1.00 29.92 15.00 20.00 389.00 369.20 19.31 25.00 40.50 $ 1,029.62 /~ Jt)Joe, J~v ~~/~ R. Thomas Kline, Sheriff BvJ6~ ~wd~ Real Estat Sergeant ~v- 3b'iJV \.:5b C:h..5S"(,S\ ~ ) it( 0(,.;), , MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff JP Morgan Chase Bank as Trustee for Equity One ABS, Inc., Mortgage/pass through certificate series #2005-2 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY : No.: 06-1065 Civil Term vs. : AFFIDAVIT PURSUANT : TO RULE 3129.1 Diane Kostick Defendant(s) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JP Morgan Chase Bank as Trustee for Equity One ABS, Inc., Mortgage/pass through certificate series #2005-2, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 405 9th Street, New Cumberland, P A 17070: 1. Name and address ofOwners(s) or Reputed Owner(s): Diane Kostick 405 9th Street New Cumberland, P A 17070 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Known {OOO95838} .. t 4. Name and Address of the last recorded holder of every mortgage of record: JP Morgan Chase Bank as Trustee for Equity One ABS, Inc., Mortgage/pass through certificate series #2005-2 (Plaintiff herein) 450 West 33rd Street New York, NY 10001 5. Name and address of every other person who has any record lien on the property: None Known 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 405 9th Street New Cumberland, PA 17070 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, P A 17105 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.//:) Date: March 30. 2006 {00095838} Z I :( d Z J I:IdV qOOl \id ')"HUIOJ LlNV"lU38Wn3 .:l~1~3HS 3Hl jO 3:J1.:l.:lO " .. MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff JP Morgan Chase Bank as Trustee for Equity One ABS, Inc., Mortgage/pass through certificate series #2005-2 Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No.: 06-1065 Civil Term Vs. : NOTICE OF SHERIFF'S SALE OF : REAL PROPERTY PURSUANT : TO PA.R.C.P. 3129 Diane Kostick Defendant(s) TAKE NOTICE: Your house (real estate) at 405 9th Street, New Cumberland, PA 17070 is scheduled to be sold at Sheriff's Sale on September 6, 2006 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, P A 17013 to enforce the Court Judgment of $98,615.87 obtained by JP Morgan Chase Bank as Trustee for Equity One ABS, Inc., Mortgage/pass through certificate series #2005-2. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead and Associates, LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3 . You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See Notice on next page and how to obtain an attorney). {OO095838} ~ - YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead and Associates, LLC at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates, LLC at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 (800) 990-9108 06-1-04728 {OO095838} .' .. ALL THAT CERTAIN TRACT OF LAND, TOGETHER WITB THE IMPROVEMEN'l'S THEREON ERECTED, SITUATE, LYING AND BEING IN THE BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA BOUNDED AND DESCRIBED ACCORDING TO A SURVEY AND PLAN THEREOF MADE BY GERRIT J. BETZ, R.S., DATED APRIL 5, 1974 AS FOLLOWS, TO WIT: BEGINN:tNG AT A DR:tLL BOLE IN THE NOR THEM LINE OF NINTH STREET (50 FEET WIDE) AT THE CORNER OF LAND, NOW OR FORMERLY OF CARL E. GOSS, BEING HOUSE NO. 407, SAID POINT BEING MEASURED 300.48 FEET IN AN EASTERLY DIRECTION FROM THE NORTHEASTERN CORNER OF THE INTERSECTION OF NIN'l'H STREET AND BRANDT AVENtJE; THENCE EXDNDING FROM SAID POIN'l' OF BEGINNING AND THROUGH THE CENTER LINE OF PARTITION WALL BETWEEN HOUSES NOS. 405 AND 407 NIN'l'H STREET, NORTH 27 DEGREES 30 MINUTES WEST A DISTANCE OF 100.00 FBET TO HUB ON THE' SOOTH SIDE OF AN ALLEY (10 FEET WIDE); THENCE ALONG SAID ALLEY" NORTH 62 DEGREES 30 MINUTES EAST THE DISTANCE OF 22.0 FEET TO A HUB AT THE CORNER OF LANDS, NOW OR FORMERLY, . OF ANDREW JOSEPH MABALKO; THENCE ALONG LANDS, NOW OR FORMERLY OF ANDREW JOSEPH MABALKO SOUTH 27 DEGREES 30 MINUTES EAST THE DISTANCE OF 100..0 FEET TO A HUB ON THE SAID SIDE OF NINTH STREET; THENCE ALONG THE SAID SIDE OF NIN'l'H STREET; THENCE ALONG THE SAID SIDE OF NIN'l'H STREET SOO'1"H 62 DEGREES 30 MINUTES WEST THE DISTANCE OF 22.0 FEET TO A POIN'l', THE PLACE OF BEGINNING. ONDER AND SUBJ.ECT, NEVERTHELESS TO EASEMENTS, RES"l'RICTIONS, RESERVAT:tONS, CONDITIONS, AND R:tGSTS OF WAYS OF RECORD OR VISIBLE UPON INSPECTION OF PREMISES. BEING KNOWN AS 405 9th Street, New Cumberland, P A 17070 PARCEL ill NO: 26-24-0811-200A IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling {OOO95838} Z I :f d Z I HdV qOOl Vd '^lHnC~1 LHf'rld38Wn3 .:l.:H~3HS 3Hl .:10 3:JI.:UO WRIT OF EXECUl'WN and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1065 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK AS TRUSTEE FOR EQUITY ONE ABS, INC., MORTGAGE/PASS THROUGH CERTIFICATE SERIES #2005-2, Plaintiff (s) From DIANE KOSTICK (1 ) You are directed to levy upon the property of the defendant (s )and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hirn/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $98,615.87 L.L. $.50 Interest FROM 3/31/06 TO DATE OF SALE AT $16.21 PER DIEM Arty's Comm % Due Prothy $1.00 Other Costs Arty Paid $124.96 Plaintiff Paid Date: APRIL 7, 2006 (Seal) CURTIS R. LONG Prothonot" ~ ~~a.~.I ~ 9. / '{C'fl~ Deputy REQUESTING PARTY: Name PINA S. WERTZBERGER, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC. WOODLAND FALLS CORPORATE PARK 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 77274 ~ e.> c:c:::a It CiB ---. .. \ Real Estate Sale # 02 On May 03, 2006 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, P A Known and numbered as 405 9th Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 03,2006 By: cJocly~ Real Estate Sergeant Z I :E d Z I HdY qOOl Vd 'AHWO:) QNV1H38wno .::L:U~3HS 3Hl .=10 381J..:W PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SSe 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: July 21, July 28, and August 4,2006 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 charact'r of publication are true. - TO AND SUBSCRIBED before me this day of August. 2006 A L SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 ~.t, REAL ESTATE SALE NO. 2 Writ No. 2006-1065 Civil JP Morgan Chase Bank, As Trustee for Equity One ABS, Inc., Mortgage/Pass Through Certificate Series #2005-2 vs. Diane Kostick Atty.: Pina Wertzberger ALL TIiAT CERTAIN tract ofland, together with the improvements thereon erected, situate, lying and being in the Borough of New Cumberland, Cumberland County. Pennsylvania bounded and de- scribed according to a survey and plan thereof made by Gerrit J. Betz, R.S., dated April 5. 1974 as follows. to wit: BEGINNING at a drill hole in the northern line of Ninth Street (SO feet wide) at the comer of land. now or \ formerly of Carl E. Goss, being House No. 407, said point being measured 300.48 feet in an east- erly direction from the northeast- ern corner of the intersection of Ninth Street and Brandt Avenue; thence extending from said point of beginning and through the center line of partition wall between Houses Nos. 405 and 407 Ninth Street. North 27 degrees 30 min- utes West a distance of 100.00 feet to hub on the south side of an alley (l0 feet wide); thence along said al- ley, North 62 degrees 30 minutes East the distance of 22.0 feet to a hub at the comer of lands, now or formerly, of Andrew Joseph Mahalko; thence along lands, now or formerly of Andrew Joseph Mahalko South 27 degrees 30 min- utes East the distance of 100.0 feet to a hub on the said side of Ninth Street; thence along the said side of Ninth Street; thence along the said side of Ninth Street South 62 de- grees 30 minutes West the distance of 22.0 feet to a point, the place of beginning. UNDER AND SUBJECT, never- theless to easements. restrictions. reservations. conditions, and rights of ways of record or visible upon inspection of premises. BEING KNOWN AS 405 9th Street. New Cumberland, PA 17070. PARCEL ID NO: 26-24-0811- 200A IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling ... ~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Connnonwealth 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 Connnonwealth 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 smce; 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 19tb and 26tb day(s) of July and the 2nd day(s) of August 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 #2 Sworn to and b .. CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 '(1; .: c'.. I. :c. ~.. ,; F ('1.', ..