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Home My WebLink About00-03478 ~ i"~ II: tL fliIIiIIlI;'~~~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-03478 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS SUMMEY DANIEL A ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SUMMEY DANIEL A the DEFENDANT , at 0011:00 HOURS, on the 12th day of June , 2000 at 1714 LOCUST ST NEW CUMBERLAND, PA 17070 by handing to JUDITH FAILOR a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 10.54 .00 10.00 .00 38,54 So ;;~~I R. Thomas Kline me ~~ day OfAoDo a,~~ Prothonotary 06/13/2000 GRENEN & BIRSIC By: 9p. _ hJL ' /~~e~ Sworn and Subscribed to before "-..,.,." .... ., ~ I.;; ~~l , SHERIFF'S RETURN - REGULAR CASE NO: 2000-03478 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS SUMMEY DANIEL A ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FAILOR JUDITH E the DEFENDANT , at 0011:00 HOURS, on the 12th day of June , 2000 at 1714 LOCUST ST NEW CUMBERLAND, PA 17070 by handing to JUDITH FAILOR a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ~a?,;,.t:~~ R, Thomas Kline 06/13/2000 GRENEN & BIRSI Sworn and Subscribed to before By: '~ me this .2;"V'" day of C)1.uv..- 2Hv A. D . ~ a )n ,11/:,-" (~ thonotary I ! I_j , ' . ~ STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } SS. Robert P Ziegler I, ______________________________________________________________________________Ilecorderol Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which n_nnn_______ Chase Manhactan Mtg Corp . ____________________________________________________________________________________ u the granree 7th the same having been sold to said grantee on the n_________________n__nn___________nn_____ day of ~!_n, under and by virtue of a wriL____n____n_ 11th Execution . ____________________________ --______ n _ n ___ n_ _ISSued on the _ __ ___ n nn_ ___n _ n_____ nn __n n_ March An' ________________________________________ . 0' i SepC day of n_____n_______n________ A. n" 00 _____, out of the Court of Cornman Pleas of said County as of Civil 2000 _____________________ _______ __... _______ ___ __ ___ __ ______________________ __ __ __,.. __ __ Term, : 3478 Chase Manhattan Mtg Corp Number _________nn_' at the suil of n__n________n_nn_n__n_________nn__n___n_n_____n___ . Daniel A Summey & Judith Failor ________ ___ ______________,.. __ __ _ _ _ __ agamst___ _ ____ _______ __________ __ __________ __ __ ________ ___ is 241 394 duly reeorded in Sheriffs need Book No. nn__n_n_' Page _n_nnnn. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this n2_!n__ day ol __I2:2r2~(}h____mmn_ A. n.;1JL.!?!!.!. ~-~---------------- /' t7 Recorder of Deeds ~~.~~ ~ ~"~. -~.~ . - ~-~... - I, II I "'""-"'-""0,.1 ". " > Chase Manhattan Mortgage Corporation -vs- Daniel A, SlUllIlley and Judith E, Failor In the Court of Common Pleas of Cumberland County, Peunsylvania No, 2000-3478 Civil Brian M, Barrick. Deputy Sheriff who being duly sworn according to law says on October 9,2000 at 6:17 o'clock P,M, EDST he posted a copy of Real Estate Writ Notice Poster and Description on the property of Daniel A SlUllIlley and Judith E, Failor located at 1714 Locust Street, New Cumberland, Cumberland County, Pennsylvania according to law, R Thomas Kline, Sheriff, who being duly sworn according to law says he made diligent search and inquiry for the defendants: Daniel A, SlUllIlley and Judith E, Failor, but was unable to locate them in his bailiwick. He therefore returns Real Estate Writ Notice Poster and Description Not Found as to Daniel A. SlUllIlley and Judith E, Failor. R, Thomas Kline, Sheriff, who being duly sworn according to law, says 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 one of the defendants to wit: Daniel A. SlUllIlley by Certified Mail Return Receipt Requested, Restricted Delivery, Deliver To Addressee Only to his last known address 1714 Locust Street, New Cumberland, Pennsylvania, This letter was mailed under the date of October 16,2000 and returned to the Sheriffs Office on November 22, 2000 with reason checked Unclaimed, R Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice ofthe pendency of the action to one of the within named defendants to wit: Judith E, Failor, by Certified Mail Return Receipt Requested, Restricted Deliver, Deliver To Addressee Only to her last known address 1714 Locust Street, New Cumberland, Pennsylvania, This letter was mailed under the date of October 16,2000 and returned to the Sheriffs Office on November 22,2000 with reason checked Unclaimed, R, Thomas Kline, Sheriff who being duly sworn according to law, says 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 one of the within named defendants to wit: Daniel A SlUllIlley by regular mail to his last known address 1714 Locust Street, New Cumberland, Pennsylvania, This letter was mailed under the date of November 6, 2000 and never returned to the Sheriffs Office, R, Thomas Kline Sheriff, who being duly sworn according to law, says 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 one of the within named defendants to wit: Judith E, Failor by regular mail to her1astknown address 1714 Locust Street, New Cumberland, Pennsylvania, This letter was mailed under the date of November 6, 2000 and never returned to the Sheriffs Office, R. Thomas Kline, Sheirff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the above described premises at public venue or outcry at Court House, Carlilsle, Cumberland County Pennsylvania on March 7, 2001 at 10:00 o'clock AM, EST, and sold the same for the sum of $ 1,00 to Attorney Steven FeinoU! for Chase Manhattan Mortgage Corporation, It being the highest bid and best price received for the same Chase Mahattan Mortgage Corporation of 3415 Vision Drive, Columbus, Oh being the buyer in this execution paid to SheriffR, Thomas Kline the sum of$ 749,82 it being costs, Sheriff s Costs: Docketing Poundage Posting Bills 30,00 14,69 15.00 '.""-' --" Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Levy Surcharge Postpone sale Law Journal Patriot News Share of Bills Sheriff s Deed Distribution of Proceeds Sworn and Subscribed To Before Me This ~~ Dayof ~ 2001,A.D, ~AO O.~~ Pr h notary " 15,00 30,00 10,00 ,50 1.00 10.54 12,54 15,00 30,00 20.00 288.65 180,75 23.15 27,50 25.00 $ 749.32 Pd By atty 03/20/01 _-I I" , ~ .'",""""",--,, ~~~ R. Thomas Kline, Sheriff BY~ .JLo;; Real Estate Deputy Q?~ 30, .s0 ~ I 0 'i( ')./ 31' "1 CJe. ()q 1 IY,I I". - -> .:doJ~", . , . , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, NO,: 00-3478 vs, DANIEL A, SUMMEY and JUDITH E, FAILOR, Defendants, AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYL V ANlA SS: COUNTY OF ALLEGHENY 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 Daniel A, Summey and Judith E, Failor located at 1714 Locust Street, New Cumberland, P A and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF DANIEL A. SUMMEY AND JUDITH E. FAILOR OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN NEW CUMBERLAND BORO, CUMBERLAND COUNTY, PENNSYL V ANIA, HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 1714 LOCUST STREET, NEW CUMBERLAND, PA 17070, DBV 142, PAGE 907, AND PARCEL #26-23-0543-240, 1. The name and address of the owners or reputed owners: Daniel A. Summey Judith E, Failor 1714 Locust Street New Cumberland, P A 17070 2, The name and address of the defendants in the judgment: Daniel A, Summey Judith E, Failor 1714 Locust Street New Cumberland, P A 17070 1-'''' "",~"",.: ,. 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 Manhattan Mortgage Corporation [PLAINTIFF] 4, The name and address of the last record holder of every mortgage of record: Chase Manhattan Mortgage Corporation [PLAINTIFF] 5, The name and address of every other person who has any record lien on the property: Cumberland County Domestic Relations P,O, Box 320 Carlisle, P A 17013 P A Dept. Of Revenue Bureau oflndividual Taxes Inheritance Tax Division Dept. 280601 Harrisburg, PA 17128-0601 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 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~~4., ..... Kri . e M. ust, Esquire Attorney for Plaintiff SWORN to and subscribed before me this ~ day of Sf4J,flfYlbiA ,2000, r&~~b~~~ <'laIS' '.,r _~y?ubl~ <'9, ,COIlll4' . ..xp" :~0 2, 2003 " ..ia Ass.'",ol.on of Nolartes 1 r '.4je~ i PIlIsL. .I My Comm Member. pem '''' . , r;1 i'! , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA " :' ;1 1" II " , CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, , NO,: 00-3478 vs. DANIEL A. SUMMEY imd JUDITH E, FAILOR, I Defendants, !; NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Judith E. Failor 1714 Locust Street New Cumberland, P A 17070 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 at the Cumberland County Courthouse Commissioners Hearing Room, 2nd Floor 1 Courthouse Square Carlisle, P A 17013 f on Wednesday, December 6, 2000 at 10:00 A.M" the following described real estate, of which Daniel A. Summey and Judith E. Failor are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF DANIEL A. SUMMEY AND JUDITH E. FAILOR OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN NEW CUMBERLAND BORO, CUMBERLAND COUNTY, PENNSYLVANIA, HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 1714 LOCUST STREET, NEW CUMBERLAND, PA 17070. DBV 142, PAGE 907, AND PARCEL #26-2t-0543-240, ~~ . I., "'.~- ~ The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Manhattan Mortgage Corporation, Plaintiff, vs, Daniel A. Summey and Judith E, Failor, Defendants, at Execution Number 00-3478 in the amount of$101,717,76, Claims against the property must be filed with the Sheriff before thl; above sale date, Claims to proceeds must be made with the Office of the Sheriff before distribution:' Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff, This paper is a notice of the date and time of the sale of your property. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken, A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly, ' YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, P A 17013 TELEPHONE: (717) 240-6200 You may have legal rights to prevent the Sheriffs Sale and the loss ofyoJr property, In order to exercise those rights, prompt action on your part is necessary, - -'",,--' "';\f"<' "~ ~~u ~-I-......-~ . ....._,~ ' .~ - .~_....J 1_- - """",< i """''''i&'''J~i~Jl!J''i;l"vri ""'.;'~""f'~ , ;,.~""'''I!i~~':i~~\~~''t\.~f''_i'i?i''',r'"~'!)j~i~'')''''J!'''''' ' :.f.';;.,~. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. Ifthejudgment was entered because you did not file with the Court,any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time, If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have'the right to have the judgment stricken if the Sheriffhas not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. I You may also have the right to petition the Court to stay or delay,the execution and the I Sheriff's Sale if you can show a defect in the Writ of Execution of service' or demonstrate any other legal or equitable right. " YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSL Y INADEQUATE PRICE OR, IF THERE ARE . DEFECTS IN THE SHERIFF'S SALE, TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH, THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED InS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. ' " GRENEN & BIRSIC, P,C. BY~ Kri ine M. F airst, Esquire ' Attorney for Plaintiff I J I, "~~ ~ .~ ~~"~ I ....~-, I' . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, NO,: 00-3478 vs. DANIEL A. SUMMEY and JUDITH E. FAILOR, Defendants, I LONG FORM DESCRIPTION '. ALL lhat certain 101 of land situale in lhe Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows: . BEGINNING at a poinl on lhe westerly line of Locust Street two hundred eighty-nine and nine tenths (289,9) feet measured southwardly along said line from lhe soulhwesl corner of the northerly intersection of Locust Street and Sherwood Road; thence southwestwardly at right angles 10 Locust Slreet and along the southerly line of Lot No, 22, Block "B" on the hereinafter menlioned Plan, one hundred len (110) feel 10 a point; thence southeastwardly parallel with Locust Slreet and along lhe easlerly line ofLol No, 12, Block "B" on said Plan, sixty (60) feet 10 a point; thence northeastwardly along lhe northerly line of Lot No, 24, Block "B," one hundred ten (110) feet 10 a poinl on the westerly line of Locus I Slreet; thence along said line of Locust Street northwestwardly sixty (60) feet 10 the place of beginning, BEING Lot No, 23, Block "B" on the Plan of Lots of Highland Park Extension, said Plan being f recorded in the Cumberland County Recorder's Office in Plan Book 5, Page 59, BEING lhe same premises which Donald A. Noss and Tammi R, Noss, by Deed dated June 25, 1996 and recorded in the Office of the Recorder of Deeds of Cumberland County on July 17, 1996, in Deed Book Volume 142, Page 907, granled and conveyed unto Daniel A, Summey and Judith E, Failor. GRENEN & BIRSIC, P,C, BY:V~~ Kris' e M, Fiaust, Esquire Attorneys for Plaintiff One Gateway Center, Nine W1st Pittsburgh, PA 15222 , (412) 281-7650 Parcel No, 26-23-0543-240 " ~..;".. I.,', WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO, 00-3478 CIVIL 19 CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: CHASE MANHATTAN MORTGAGE CORPORATION To salisfy lhe debt, interest and cosls due PLAINTIFF(S) from DANIEL A SUMMEY AND JUDITH E FAILOR, 1714 LOCUST ST, NEW CUMBERLAND PA 17070. DEFENDANT(S) (1) You are direcled 10 levy upon the property of lhe defendanl(s) and 10 sell REAL ESTATE LOCATED AT 1714 LOCUST ST., NEW CUMBERLAND PA 17070. (SEE ATTACHED LEGAL DESCRIPTION. ) (2) You are also direcled 10 attach lhe property of lhe defendanl(s) nol levied upon in the possession of ." .,......." I., GARNISHEE(S) as follows: ,tl., ';.;" and 10 nolny the garnisl1~~(s),lha!: (a), an 'lI1i,!c~ment has been issued; (b) the garnishee(s) is/are enjoined from paying any debl 10 or for the accourit"'of tfll"ctefEfndari~~~~nd from delivering any property of the defenclant(s) or olherwise disposing lhereof; (3) If property ofthe defendant(sytN&ttevied upon an subjecl 10 attachmenl is found in the possession of anyone other lhan a named garnishee, you are directed 10 nolify himlherlhal he/she has been added as a garnishee and is enjoined as above slaled, Amounl Due $98,743.84 Inlerest 7/25/00 to sale) LL $.50 $1.00 $2,973.92 Due Prothy Other Costs Atty's Comm % Atty Paid $126.54 Plaintnf Paid Dale: September II, 2000 CURTIS R. LONG Deputy by: REQUESTING PARTY: Name Kristine M. Faust, Esq. Address: 1 Gateway Center, '9 West 15222 Attorney for: Telephone: Supreme Court ID No, Pittsburgh PA Plaintiff (412) 281-7650 77991 ~~~.....>_. ~o!llli;wo;_iffiIr~'''''''' ;-->--~~-~.lJJ""'-'-' - -",,-,,-.-,- ~ .~-, ~,'''',;''"", "~ .", -~ , ' REAL ESTATE SALE No. .55 ull ~~ ~ the sheriff levied upon the defendants interest in the real property situated in;:rJl",)~"(MA~,,d- ..f 4 Cumberland County, Pa" ~ nown 1nd numbered as: 17,,/ L. __-1)/,.,1 /'It,Nll..JLUnd more !:.,;scribed on Exhibit "A" flied with thIS ;\Int ana oy this reference incorporated herein. '"e:Jpf'TJ...;lV,H>1> B~~- f€J ~ ~ c;::::=3 ~ I ,~o -. REACESTATESAlE-NO:-5S---~--~-"- ~- t:; -WiitNo':-200(};3478 ; ."-" c-,,--... ~-~CivilTerm- . ~hase M,mhattan Mortgage Corp. ~VS-- Caniel A. Summey and Judith E. Failor =-~~....- .~; 'Atty: Kristine M., Faust =,.'0 -~ DESCRIPTION ~Ular'ccrtain lot"af ia.nd situafe in the ~orougJt _oC Nj}\Y Cumbeiland, <;umberl~n9 ~9Y~tv; Pennsyfv3pia, mo!e _part!cul~r\}' o~nde",-d!:!odde~cri~~asJo!19WS:... ..._ - ~~NING at a r.oin~ on_ th~ we;ster~' fine aJ _ QC.!J.s.g.tf~et t.\'I.;O hl!Q.dred e.ighJy'n~M ijJ;ld ie"" enths l28~.9)Jc~tn'~asured soythwilrd\Y. ...sald-Ime- froni the southv.'e$t corrier: of ~=~a';~Jir{~~~~~- ~~~~fJ,~~Vn~ 1 angJes -to. locust Stre~t 1l!'ld along the -- im: of lot. No.. 42, Block NBN an the , " enllone'd Plan. one hundred ten _ _ _ _ e~( to. -a po'inti thence .50tllhea5tw,mily nj.nt.ll~l\\ifh ~toCust 'Sfreef and" along the ~tCPY line oflot No. l1~ Blo_ck i~B" on s,Jid ~~p,~~ s]i!i..'J&91, fe!,!! ._ t9 . _a _PQi!:lt _I.hence ttf~I:i~a,~~tal}'_ <!l.Qn,? th.e_ noi1h~rly lme. of ~nJ~~4;Block ~B~, ~El h.~ndr~9 ten (11.0) -'---~Uo a ~Ol~~ of! th~" westerly line. of locust Blte!2L~ence al?~g s.aid l!n~,.l?.f.LQ~!lst Street ~~PIY5~fi,(60) f"llo lli. pi'''' ,<)1 R-~T(; lo(NcC23, EIQck US" "on the Plan of ~~~~~~~an1n ~~: ~tl~~;~~n~~~~~~~ " __Ke.coitl~(~Qffict: in pran Book 5, Page 59. ~~G .toe s<!-!D~_ premises which Donald A. ='&osS.:and Tammi R. Noss, b\' Deed daled June ~;::.1996 and recorded in 'the Office of the ,- - "-1- - ~",CQ,ro,er a{ D, ,ced, S',9f C;:~lPq~"rJa, nd.,C,o:unty on U!fl7. 1~'~_6,_.i.!l Rttep Book Volu.iI!1i' 142~.Pa$e , 1;_panted and conveye~ un!Q Daniel A. :Pm.w~ a~d Jyq~h ~_ ~~l(!~. "" "_ at~~N.o~:.23~~}_~~_.._' _____ ______ , ~ 1'1 . . .... ~.., , . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No, 587, Approved May 15, 1929 Commonweallh of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to iaw, deposes and says: That he is lhe Acounls Receivabie Manager of The Palriol News Co" a corporalion organized and existing under lhe laws of lhe Commonwealth of Pennsylvania, with ils principal office and place of business at 812 10 818 Market Slreel, in lhe City of Harrisburg, Counly of Dauphin, Slale of Pennsylvania, owner and publisher of The Patriol-News and The Sundav Palriol-News newspapers of generai circulalion, prinled and published al 812 to 818 Markel Street, in lhe Cily, County and Slale aforesaid; lhal The Palriot-News and The Sunday Palriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been conlinuousiy published ever since; That lhe prinled nolice or publication which is securely attached hereto is exactly as printed and published in their regular daily and!or Sunday! Melro editions which appeared on the 31st day of Oclober and lhe 71h and 14th day(s) of November 2000, Thai neilher he nor said Company is inleresled in the subject matter of said prlnled notice or advertising, and thai all of lhe allegalions of this slatemenl as to the lime, place and character of publication are true; and That he has personal knowledge of lhe facls aforesaid and is duly authorized and empowered to verify this statemenl on behaif of The Patriol-News Co, aforesaid by virtue and pursuanl 10 a resolution unanimously passed and adopled severally by lhe stockholders and board of directors of the said Company and subsequenlly duly recorded in the office for lhe Recording of Deeds in and for said Counly of Dauphin in iscellaneous Book "M", ';'~: ~~;~::~ s~~;~;,,;;;,;;,,~{':.~,;~~;;;;;;; m;~;;;o S ALE #55 Notaria' Saa' ) Terry L Ru...II, Notary Pu c Harrisburg, Dauphin County My Commission ,Expires June 6, 2002 Member, Pennsylvania AsSOCiation ot Notari ARY PUBLIC Y commission expires June 5, 2002 , CUMBERLAND COUN1Y SHERIFFS OFFICE CUMBERLAND COUNlY COURTHOUSE CARLISLE, PA, 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr, For publishing lhe notice or publication attached herelo on lhe above slated dates $ Probating same Notary Fee(s) $ Tolal $ 179.25 1.50 180,75 Publisher's Receipt for Advertising Cost The Patriot News Co" publisher of The Palriot-News and The Sundav Patriol-News, newspapers of general circulation, hereby acknowledge receipl of the aforesaid nolice and publicalion costs and certifies lhal the same have been duiy paid. By"",.......""""".,.,.....""""".,........."""""...", ,,' '~I ,~-- REAL ESTATE SALE NQ. 55 Wrll No, 2000-3478 CIVl! Chase Manhattan Mortgage Corporation vs. Daniel A. Summey and Judith E. Failor Atty.: Kristine M. Fausl LONG FORM DESCRIPTION ALL that certain lot of land situ- ate in the Borough of New Cumber- land. Cumberland County. Pennsyl- vania, more particularly bounded and deSCribed as follows: BEGINNING at a pOint on the westerly line of Locust Street two hundred eighty-nine and nine tenths (289,9) feet measured southwardly along said line from the southwest comer of the northerly intersection of. Locust Street and Sherwood Road; thence southwestwardly at right angles to Locust Street and along the southerly line of Lol No. 22, Block "B" on the hereinafter mentioned Plan, one hundred ten (1l0) feel 10 a pam!; thence south- eastwardly parallel with Locust Streel and along the easterly line of Lot No. 12, Block "B" on said Plan, sixty (60) feet to a point; thence northeastwardly along the northerly line of Lol No. 24, Block "B," one hundred len (110) feet 10 a pomt on the weslerIy line of Locusl Streel; lhence along said line of Locusl Streel northwestwardly sixty (60) feet 10 the place of begirmJIlg, BEING Lol No, 23, Block "B" on the Plan of Lots of Hlgland Park Extension, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 5, Page 59. BEING the same premises which Donald A. Noss and TammI R. Noss, by Deed dated June 25, 1996 and recorded in the Office of the Re- corder of Deeds of Cumberland County on July 17, 1996, m Deed Book Volume 142, Page 907, granled and conveyed unlo Daniel A, Summey and Judlth E. Failor, Parcel No, 26-23-0543-240 , ; I~ ~.~ ."""". ~-_. .~. ,..,j " . . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No, 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, 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: OCTOBER 27, NOVEMBER 3, 10,2000 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 stat~ments as to time, place and character of publication are true, SWORN TO AND SUBSCRIBED before me this 10 day of NOVEMBER. 2000 NOTARIAL,S!:""!. LOIS E, SNYDER, Nolory Public Carlisl. Bore. Cumberland Caunty. PA My Commission Expires March 5., 2001 /' - I' ~', ~ ","""pj IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, vs, DANIEL A. SUMMEY and rumrn E, FAILOR, Defendants, '10 l)p PPn rJ (] n 11 '/llU~~ lIE ENClOSED wmtINTWENTY(al) DAYS SERVICE G~~ CIVIL DIVISION ) ) ) NO,: DO - .31../"'11' ) ) ) ISSUE NO.: ) ) ) TYPE OF PLEADING: ) ) CIVIL ACTION - COMPLAINT ) IN MORTGAGE FORECLOSURE ) ) ) CODE- ) ) ) FILED ON BEHALF OF PLAINTIFF: ) ) Chase Manhattan Mortgage Corporation ) ) ) COUNSEL OF RECORD FOR THIS ) PARTY: ) ) Kristine M, Faust, Esquire ) Pa, I.D, #77991 ) ) GRENEN & BIRSIC, P,C. ) ) Firm #023 ) One Gateway Center, Nine West ) Pittsburgh, P A 15222 ) (412) 281-7650 Qi~~l~ " I....J.. - ,~,~, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: Plaintiff, vs, DANIEL A. SUMMEY and JUDlTH E, FAILOR, Defendants, 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 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 THlS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD 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. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 "". - . i, .; ~~ I" "' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, o - "A--- NO,: fHJ. :?N1 f Lh;-<J /..u.- Plaintiff, vs, DANIEL A, SUMMEY and JUDITH E, FAILOR, Defendants, CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Chase Manhattan Mortgage Corporation, by its attorneys, Grenen & Birsic, P.C" files this Complaint in Mortgage Foreclosure as follows: I, The Plaintiffis Chase Manhattan Mortgage Corporation, which has its principal place of business at 3415 Vision Drive, Columbus, Ohio 43219, 2, The Defendants are Daniel A. Summey and Judith E, Failor, individuals whose last known address is 1714 Locust Street, Cumberland, Pennsylvania 17070, 3, On or about July 10, 1996, Defendants executed a Note in favor of Hart Mortgage Company ("Hart"), in the original principal amount of $93,400,00, A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof, 4, On or about July 1 0, 1996, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Hart a Mortgage in the original principal amount of$93,400,OO on -I L the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on July 17,1996, in Mortgage Book Volume 1331, Page 596, 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. Hart 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 July 17, 1999, at Mortgage Book Volume 525, page 336, 6, Defendants are the record and real owners of the aforesaid mortgaged premises, 7, Defendants are 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. Defendants are due for the January 1, 2000 payment. 8. Plaintiff was not required to send Defendants written notice pursuant to 35 P ,8, S1680A03C (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 (12U,8,C, SS1707-1715z-18) [35 P.8, S1680A01C(a) (3)]. 9. Plaintiff was not required to send Defendants written notice of Plaintiffs intention to foreclose said Mortgage pursuant to 41 P .8, S403 (Act 6 of 1974) prior to the commencement of this action for the reasons that said Mortgage is not a "residential mortgage" as defined in 41 P ,8, S101 and Defendants are not "residential mortgage debtors" as defmed in 41 P,8, S101. 10, The amount due and owing Plaintiff by Defendants is as follows: Principal Interest through 5/25/00 Late Charges through 5/25/00 Misc. fees Attorneys' fees Title Search, Foreclosure and Execution Costs TOTAL $89,793.38 $ 3,659,97 $ 432,87 $ 831.71 $ 800,00 $ 1.500,00 $97,017.93 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $97,017,93, with interest thereon at the rate of $18,76 per diem from May 25, 2000, 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, GRENEN & BIRSIC, P,C, BY: ~ Kris ' , Faust, Esquire Attorneys for Plaintiff One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, > , I~" . ^ Loan #: 1500227540 mil ton ( r Document: NO;~~d Attachments Page 1 of 3 Multist.te ADJUSTABLE R^ -rC,ML\T,C t ""AC.,."^, . 0711019610"'1 ! 111I1""I1I1~~~iIJli"'~""1111I1 1714 Locust Street, New Cumb~rland, Cumberland County, Com'monwealrn"11Tr/!ml~"l1umrr""T7VTU ',!-729 Doc Pg: 1 fPrcpe.rtyAdd.reuj 1. PARTIES "Borrower" means each person signing at the time of this Note, and the person's successors and assigns. "Lender" means Hart Mortgage Co., A Division f}f Main Line Bank 500 Office Center Drive, Suite 100, Fort WashingtQlt, Pennsy{vatlia 19034 and izs successors and assigns. 2, BORROWER'S PROMlSE TO PAY; INTEREST In reLUm for a loan received from Lender, Borrower promises 10 pay the principal sum of Ninety.Three Thousand Four Hundred and 00/100 DOI~atS (U.S. S 93.400.00 ), plus interest, to the order of Lender. Interest w.ill be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at a rate of Six percent (6.00 %) per year until the full amount of principal has been paid. The interest rate may change in accordance with Paragraph 5(C) of this Note. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mongage, deed of trust or similar security instrument that is dated the same dale as this Note and called the ~S~urity Instrument" That Security Instrument protects the Lender from losses which might result if Borrower defaults under lbis NOEe. 4. MANNER OF PAYMENT (A) Time Borzpwer shall m~.e a payment of principal and interest to Lender on the first day o-f each month beginning on September 1 , 1996 . Any principal and interest remaining on the rust day of August 2026 ,will be due on that date, which is called the "Maturity Date.~ (B) Place Payment shall be ma.de at 500 Office Center Dri~e, Suite 100, Fort Washington, Pennsylvania 19034 or at such other place as Lender may designale in writing by notice to Borrowl:r. (C) Amount Initially, each monthly paymemofprincipal and interest will be in the amount of S 559.98 . This amount will be pan of a larger monthly payment required. by the Security Instrument that shall be applied to principal. interest and other items in the order desc:ribed in the Security Instrument. This amount may change in accordance with Paragraph S(E) of this Note. ;,INTEREST RATE ANI) MONTHLY PAYMENT CHANGES (A) Change Date The interest rare may change on the fu:st day.of January 1998 . and on that day of each . succeeding year. "Change Dale" means each date on which me interest rate could change. (B) The Index Beginning with the first Change Date, the interest rate will be based on an Index. "Index" means the weekly average yield on United StateS Treasury Securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. FHA Multistate Adjustable Rate Xote .41!lZ __.5.90 (9206) \IMP MOR.TGAGE FORMS. 1313)293.8100 -l'OOl~ ~ag"lo13 InillaIS:~ 1111111111111111111111111111111111I Loan #: rm.il ton Page 2 of 3 Doc Pg: 2 -. I" ...-e>i"",,_' " 1500227540 Document: Notec-nd Attachments ( "Cuncl'lt Index" means the most recent Index figure available 30 days be.rorc the Change Date. If the Index (as defined above) is no longeJ' available, Lender will use: as a new Index any index prescribed by the Secrewy ( as defined in Paragraph 7(B)). Lender ,will give Borrower notice of the new Index. (el Calculation of Interest Rate Changes :Before each Change Date, Lender wiU calculate a new interest rate by adding a margin of ,hree percentage point(s) ( 3.000 %) to the Current Index and rounding !.he sum 10 the nearest one.eighth of one percentage point (0.125%). Subject to the limits staled in Paral.'Taph SeD) of this NOle, !his rounded amOUnI will be me new interestrBle unlillhe next Change Date. (D) I-imits on lnterest Rate: Changes fhe interesl rate will never increase or decrea~ by more than one percentage point (1.0%) on any single Change Dale. The interest rate will never be more man five percentage points (5.0%) higher or lower than the initial intere~:l rate stated in Paragraph 2 of this Note. (E) Calculation or Payment Change If the interest rate changes on a Change Date, Lender will calculate the amount of monthly payment of principal and - in/erest which would be necessary to repay the unpaid principal balance in full at the Maturity Date at the new inLerest rate lhrough $ubsiandally equal payments. In making such calculation, Lender will use the unpaid principal balance whicn would be owed on the Change Date if there had been: no default in payment on the Note, reduced by the amount of any prepaymenlS 10 principal. The result of this calculation will be the amount 01 the new monthly payment of principal and interest. (F) Notice of Changes Lender will give notice to Borrower of any change in the inrerest rate and monthly payment amount. The notice must be given at least 25 days before the new monthly payment amount is due. and must set forth (i) the date of the notice. (n) the Change Date, (ill) me old interest rale, (iv) the new interest rate, (v) the new momhly payment amount, (vi) !he Current Index and the date it was publislled, (vii) the method of calculating the change in monthly payment amount, and (viii) any other infonnation which may be required by law from time to time. (G) Effective Date of Changes A new interest rate calculated in accordance with Paragraphs 5(C)' and 5{D) of this Note will become effective on the Change Date. Borrower shall make a payment in the new monthly amount beginning on the fIrst payment date which occurs at least 25 0a)'5 after Lender has given Borrower the notice of changes required by Paragraph 5(F) of this Note. Borrower shall have no obligation to pay any increase in the monthly payment amount calculated in accordance with Paragraph 5(E) of this Note for any payment date occurring Jess man 25 days after Lender has given the required notice. If the monthly payment amount calculated in accordance with Paragraph 5(E) of this Note decreased,. but Lenda failed to give timely notice of lhe decrease and Borrow~ made any monthly payment amounts exceeding the payment amount which should have been srared in a timely notice, !hen Borrower has the option to either (i) demand the return to Borrower of any excess payment, with interest thereon at the Note rate (a m1e equal to the interest rate which should have been stated in a timely n.otice). or (Ii) request that any excess payment, with interest thereon at the Nol.C rate, be applied as payment of principal. Lender's obligation to return any excess payment with interest Of!. demand is not assignable even if this Note is otherwise assigned before the demand.for Ietum is made. 6. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, witholll charge or penalty, on the flJ'St day of any month. 7. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments .", If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this NOle, by the end of fifteen calendar days afler the payment is due, Lender may collect a late charge in the amount of four percenl ( " %) of the overdue amoum of each payment. (8) Default J( Borrower defaults by failing to pa)' in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued itl1ercsL Lender may choose not 10 exercise this option without waiving its rights in the evenl of any subsequent defaulL This Nott does not authorize acceleration when not pennitted by HUD regulations. As used in this Note, ~Secretary~ means the Secretary of Housing and Urban Development or his or her designee. ~.590 r~20~) ffr lnhlllrs:9k Pag~2 013 'J Loan #: rmilton Page 3 of 3 Doc Pg: 3 ~ ~ . I ~ I ""4.;1 1500227540 (~ Document: Not;r-~d Attachments (C) Payment or Costs and Expenses rr Lender has required immediate paymem in fuU, as described above. Lender may require Borrower 10 pay coSts and ,expenses including reasonable nnd customary attorneys' fees for enforcing this NOle. Such fees and coses shall bear interest from IDa date of disbursement at the same rate as the principal of this Note. 8, 1v"\IVERS Borrower and any other person who has obligations under this NOle waive the rights of presentment and notice of dishonor. "Presentment" means the riglu to require Lender to demand payment of amounts due. "Notice of dishonor" means the right (0 require Lender to give notice to other persons that amounts due have not been paid. g, GIVING OF NOTICES Unless applicable law requires a different method. any notice that must be given to Borrower under lhis Nore wilt be given by delivering it or by mailing it by ntSI class mail to Borrower at the property address above or at a different address if Borrower 11a.~ given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail 10 Lender at the address slaled in Par-cl.gt'oph 4(B) or at a differet\t address i.f Borrower is given a notice of 1h:M.difrerent address. 10, OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount oww. Any person who is a guarantor, surety or endorser of this Note is also Obligated to do these things. Any person who takes over these obligations. including the obligations of a guarantor, surcty or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under Ihis Nocc against each person individually or against all signatories together. Anyone person signing this Note may be required l? pay aU of the amounts owed under this Note. BY SIGNL'lG BELOW, Borrower accepts Slld agrees to the terms and covenants contained in this Note. - ~~.~~ Q/Zi! <"': oAd'P.:' Judith e:'Failor (Seal) -Borrower (Seal) -Borruwer (Seal) .Borrower (Seal) .Borrower ~.590 (~zoSJ P~g~3QI:! Pay to the order of: Chase Manhattan Mortgage Corporation Without Recourse - H~zr~ortga~Vi'ion of Main LiDe Bank BY'~!/~ Gina P. Antonello. Vice President Pav to ll:e Ord",. 01 wiem.~ ~\:~~~ VERA fill T I A!!Sr SllClU!IAlQ' , . 1.'1 '" -"''''',-l Loan #: 1500227540 rrnilton ...... ( . Document: Mortf''1e or Deed of Trust .. J . "'"-.. .--- --...- Page 1 of 11 Doc Pg: 1 I ""I"I~llllifljlil iillll~IIIII"" Co'" ., ORiel Parcel Number: [Space Above Thl~ Line For Recording Dara] A~le 0. Commonwealth of Pennsylvania MORTGAGE 441-5226458-719 TIllS MORTGAGE ("Security Instrument") is gi.ven on July lO, 1996 The Mortgagor is Daniel A. Summey, unmarried man, and Judith E. Failor, unmarried woman ("Borrower"). This Security Instrument is given to Hart MQrtgage Co., A Division of Main Line Bank which is organized and existing under the laws of the United States of America I and whose address is 500 Office Center Drive. Suite 100, Fort Washington, Pennsylvania 19034 ("Lender"). Borrower owes Lender the principal sum of Ninety-Three Thousand Four Hundred and 00/100 Dollars (U.s. $ 93,400.00 ), This debt is evidenced by Borrower's note dated the same date as this Security Instrument e'Note"), which provides fQ1' monthly payments. with the full debt, if not paid earlier, due and payable on August 1, 2026 . This Security Instrument secures to Lender: (a) tha repayment of the debt evidenced by the Note, with interest. and all renewals. extensions and modifications of the Note: (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance FHA Pennsylvania Mortgage. 41% ..4R(PA) '''''' ~' i;Sl Vt,lP MORTGA.GE FORMS -(8DOI.521_72 6 Psg"\ of8 Inltlah: ' , 11111111111111111111111111111111111 Loan #: 1500227540 rmilton Page 2 of 11 Doc Pg: 2 ll'= ~ "~"--_i r , Document: Mort~1e or .' Deed of Trust . EXHIBIT "Aft LEGAL DESCRIPTION ---=-h.!:.====--========:::;::= - =----------- ---- -~ AI.I.. 'rHAT CERTAIN lot of land situate in tha Bot()u9~ of New Cumberland, Cumberland Counly, Pennsylvonia, mar. parllc:uJar1y bounded and described as followlS: DEGII/NING al a point on Ine wosterly IIna of Locus! Streat two hundred aighty- nine and Mlna .antn. (269.9) feel maasured soull'rwardly along Aid line lrom lIla soulrt>,e.t Qltner of Ihe noMarly IntarsaCllon 01 LO<:lISt Street ah<I Snerwood Road: thana southWestWardly at "On! anglas 10 LoCUlll Street and along lI1e SOUlh..,y line of Lot NO. 22. Bleek "8" on Ih. herelnOller manlloned Plan. one hundnld ten (110) !eel 10 a pain<.; then"" southeastwa"uy parallel with Locust Stre.t and along tne easterly line of Lot No. 12, Block "8" on Rid Plan, Sixty (GO) leel 10 a point; thenee northeaslwardly Slang Ihe northerly line of Lot No. 24, Block ''8'', one hundred ten (110) reel to . point on the westerly Une 01 LoCUSI Stre.r: thence ./ong SSld line Of Locust SIr..1 non/1'Nastwardly sixly (GO) reel 10 the PI.ACE OF BEGINNiNG. BelNQ' Lot No. 23. Bloc!< "8" On lhe Plan of Lots of HiQhland Park E><tension. said poan Detng reCOKl9d In lhlt Cumoerianc;l CO\lnty Recorders Office in Plan Book ~ I Page 59. -- ~ """".L! Loan #: 1500227540 rmilton Page 4 of 11 Doc Pg: 4 Document: Mort~e or Deed of Trust r- ( " " of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to the Lender the ronowing described property located in Cumberland County, Pennsylvania: Further described in Exhibit A, tJJttJched hereto and to be made II part hereof. This is a First Purchase Money Mortgage. Being the same premises conveyed unto the within Mortgagor(s) by Deed from Donald A. NosI and Tammi R. N~s. his wife ahouJ to be recorded simultaneously herewiJh. which has \he address of 1714 Locust Street New Cumberland !Stn;el, Chyl. Pennsylvania 17070 [Zip CodeJ ("Property Address~); TOGETImR WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixrures now or hereafter a part of the property. Alll'eplacements and additions shall also be covered by mis Securitylnsb'ument An of Ihe foregoing is: referred to in this Security Inslrument as tbe "Property." BORROWER COVENANTS mat Borrower is lawfully seized of the estate hereby cooveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. nns SECURITY INSTRUMENT combines unifonn covenant! for national use and non~uniform covenants with limited variations by jurisdiction to constitute a unifonn security insb:ument covering real property. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, lhe debt evidenced by lhe Note and lare charges due under the Note. 2, Monthly Payment of Taxes, Insurance and Other Charges. Bot1'Qwer shall include in eacb monthly payment, together with the principal and intereSt as set forth in the Note and any late charges, a sum for (a) taxes and special aB3essments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Propeny, and (c) premiums for inS\11'ance WlUlred und<< paragraph 4. In any year in which the Leru1er must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary'1. or in any year in which sucb premium would have been required if Lend.et still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium 10 be paid by Lender to rhe Sec.rcWyt or (ii) a monthly cbarge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called ''Escrow ltemsM and the sums paid to Lender are called M&crow Funds:' Lender may, at any time. coUect and hold amounts for Escrow Items in an aggregate amount not to exceed me maximum amount that may be 1'CQ.uired for Borrower's escrow account under the Real Estate Settlement Procedures ACL of 1974, 12 U.s.C. Section 2601 et seq. and implementing regulations, 24 CPR Pan 3500, as they may be arnended from time to time ("RESPAj, except that the cushion or reserve pennitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for rhe mortgage insurance premium. G.4R(PA) 1!80.1.1 . ~:7 In(llall?~ Pag_2olS "' . . ._""-" Loan #: rmiltOR Page 3 of 11 Doc Pg: 3 -.-- 1500227540 .-~ ( , Document: . Mortr~1'e . .- or Deed of Trust If the amounts held by Lender for Escrow Items exceed the amounts pennitted 10 be held by RESPA, Lender shall account to Borrower for lhe excess funds as required by RESP A. If the amounts of funds held by Lender at any time is not sufficient to pay the Escrow Items when due., Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Securil)' Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the. balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium inslallment that Lender has not become obligated 10 pay to the Secretary. and Lender shall promptly refund any excess funds to Borrower. Immediately prior 10 a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs I and 2 shall be applied by Lender as follows: Eirst, to the mortgage insurance premium to be paid by Lender to the Secretary or 10 the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Smmd. to any taX~. special assessments. leasehold payments or ground rents, and flre. flood and other hazard insurance premiums, as required; Ih!m. to interest due under the Note: E2!d!t!!, to amortization of the principal of the Note; and Eilih, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insnrance. Borrower sh.all insure all improvements on the Property, wh.ether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for lhe periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequenUy erected, against loss by floods to the extent required by the SecreEary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if nol made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and 10 Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and lhis Security Instrument, first to any delinquent amounts applied in the orde: in paragraph 3, and then to prepayment of principal, or (b) 10 the restoration or repair of the damaged Property. 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 insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Securil)' Instrument shaD be paid to the. entity legally entitled thereto. In the event of foreclosure of this Securil)' InslCUment or other transfer of tide to the Property that extinguishes the indebredness, all right, title and interest of Borrower in and to insurance policies in force shall pass La the purchaser. S. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shaD occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Properly as Borrower's principal residence for at least one year after the date of occupancy. unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's controL Borrower shall notify Lender of any extenuating circumslances. Borrower shall not commit waste or destroy I damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned. or the loan is in default. Lender may take reasonable action to ~tect and preserve such vat:aJlt or abandoned Property. G,;4FI(PA) (9S041 -;:dfr, In~llll~ PI\l,301 II ."'~,~ .i """ "~'. LOan #: 1500227540 rmilton Page 5 of 11 Doc Pg: 5 Document: Mort~1e or Deed of Trust r B<lrrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate inronnation or statemenlS to Lender (or failed 10 provide Lender wilh any material information) in connection with me loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as. a principal residence. ff this Security rnstrument is on a leasehold. Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee tide shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The ptoceeds of any award or claim for damages, direct or consequentiaJ, in connection with. any condemnation or other laking of any part of the Propetty, or for conveyance in place of condemnation, are hereby a53igned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and r1tis Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Insrrument, fITSt to any delinquent amounts appJied in the order provided in paragraph 3, and then to prepayment of principal AIl,; application of the proceeds to the principal shall not extend or postpOne the due date of the monthJy paymen13, which are refeaeLI to in paragraph 2, or cbange 1he amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all gQvernmental OJ' municipal charges, flnes and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the paymenL If fai1w:e to pay would adversely affect Lender's intereSt in the Property, upon Lender's request Boaower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments Of the payments required by paragraph 2, or fails 10 perfonn any other covenanlS and agreements contained in mis Security Instrument, or tbere is a legal proceeding that may significantly affect Lender's righlS in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property. including payment of ~es, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall became an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursemen.t. at the Note rate, and at the option of Lender, shall be immediately due and payable. Borrower shall promptly clischarge any lien which has priorlty over this: Securil:)' Instrument Imress Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate 10 prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactoly to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall"satisfy the lien or take one or more of the actions set fmth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds faT Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secrelary, in the case of payment defaults. require immediate payment in run of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or ("n') Borrower defaults by failing, for a period of lhi.rty days. to perfOllll any other obligations contained in this.Security Instrument. (h) SalE Without Crodit ApprovaL Lenda shall, if pEIlIliued by .pplicabl.l.w (mc1uding Section J41(d) of tho Gam.St. GEIlIlain D'I'osiOXy lostitutions il<t of 1982, 12 U.S.C. 1701j-J(d)) and with tho pIior approval of the Secretaty, require immediate payment in full of all sums secured by this Security Instrument if: O.;4R{PA) (96C4) ~'S! 11'Ihia~;S?-?:" Plt.ge4olS . . Loan #: rmilton Page 6 of 11 Doc Pg: 6 ~ . "'"'''" 1500227540 or Deed of Trust Document: . Mortr-,e .. (i) All or part of lhe Property. or a beneficial interest in a trust owning all or part of me Property. is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (e) No Waiver. If circumstances occur that would permit Lender to require immediate payment in fuU, but Lender does nOI require such payments. Lender does not waive ilS rights with respect to subsequent events. (d) Regulations of Hun Secretary. In many circumstances regulations issued by the Secrerary wiD limit Lender's rights.. in the case of payment defaults. to require immediate payment in fun and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if nOI permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate paymenl in full of all sums secured by this Security Instrument. A wriuen statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatemenl Borrower has a right 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 this Security Insuumem. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower tinder this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, lbis Security Instrument and the obligations that it secures shall remain in effect as if Lender had not' required immediate payment in full. However, Lender is nOL required to pennit reinstatement if: (i) Lender bas accepted reinstatement after the commencement of foreclosure proceedings within two years immedialely preceding the commencement of a current foreclosure proceeding, eii) reinstatement will preclude foreclosure on different grounds in the future. or (iil) reinstatement wilt adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of paymem or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate 10 release the liability of the original Borrower or BOrIower's successor in interest. Lender shall not be required to commence proceedings against any succ:e.ssor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Boundj Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Insttument shall bind and benefit the successors and assigns of Lender and Borrower, subject ro the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Bonower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Bonower's interest in the Property under the tenns of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrumen~ and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. O.;4R(PA) {QS04j . 14 ~ 1"lllal'~ Pil.lIeSgf8 .,-,< Loan #: milton Page 7 of 11 Doc Pg: 7 ..,,~ -Iiii.iil,;i Iii! RI Ii:' 'l'; \i:-: if! :u II-I !:I i!1 I'! ill ill II! Ii! 11,,1 I!i !I: 1'1 Iii Ir-I I il! 'I II: !~I f II,! If' r !I 'i ,~ I , I' If 1 l' 1500227540 Document: Mort~~e or Deed of Trust 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by fust class mail unless applicable law requires use of another method. The no1ice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by fllst class mail to Lender's address stated herein or any address Lender designaleS by notice 10 Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the NOle eonmelS with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect wilhout the conflicting provision. To this end the provisions of this Security Instrument and lhe Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given onc conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or pennit the presence, use, disposal, storage. or release of any Hazardous Substances on or in lhe Property. Borrower shall not do. nor allow anyone else 10 do, anything affecting the Property that is in violation of any Environmcnlal Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to nonnal residential uses and 10 maintenance of the Property. Borrower shall promptly give Lender written notice of any investigatiQn, claim, demand. lawsuit or other action by any govemmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower tearns, or is notified by any govemmenlal or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take: aU ne:cessary remedial actions in accordance: with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline. kerosene, other flammable or toxic petroleum products. toxic pesticides and herbicides, volatile solvents. materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16. "Environmental Law" means federal laws and laws of lhe jurisdiction where the Property is located that relate to health. safety or envuonmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents 10 collect the rents and revenues and hereby directs each. tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower1s breach of any covenanl or agreement in the Security Instrument, Borrower shall collect and receive all renlS and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes 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 shall be beld by Bo1t'owet as trustee for benefit of Lender only, to be applied. to the sums secured by the Security Instrument; (b) Lender shall be entitled [0 collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay an rents due and unpaid to Lender or Lender's agenton Lender's written demand to the tenant. Borrower bas not executed any prior 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. Lendt7 shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lendet or a judiciaIl1 appointed 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. This assignment of rents afthe Property shall terminate when the debt secured by the Security Instrument is paid in full O.4R(PA) (961)4) <;P~<;. ,",.,.9<"'T." PallaGol9 . . Loan #: rmiltOIl Page 8 of 11 Doc Pg: 8 _i ~MJ ~"""c 1500227540 Document: Deed of Trust r . Mortre or .. 18. Foreclosure Procedure. If Lender requires immediate payment in (ull under paragraph 9, ~ender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuinit the remedies provided in this paragraph 18, including, but not limited to, attorneys' fees and costs of title evidence. If the Lender's interest in this SeCtJrity Instrument is beld by the Secretary and the Secretary requires immediate payment in full under Paragraph 9) the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgae:e Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 tl seq.) by requesling a foreclosure commissioner designated under tbe Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive tbe Secretary of any rights otherwise available tl) a Lender under this Paragraph 18 or applicable law. I 19. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence. Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shaD pay any recordation costs. 20. Waivers. Borrower, to the extent permitted by applic~ble law, waives and releases any error or defecfS in proceedings to enforce this Security Instrument. and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale. and homestead exemption. 21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 22. Purchase Money Mortgage. If any of the debt secured by this Security Insb'Ul11enl is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 23. Interest Rate After Judgment. BQIIOwer agt'ee.'i thal the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 24. Riders to this Security Instrument. If one or more riders are ex.ecuted by Borrower and recorded togelher with this Security Insttument, lhe covenants of each ~uch rider shall be incorporated into and shall amend and supplement the covenants and agreemenls of this Secllrity Instrument as if the rider(s) were a pan of this Security Instrument. (Check applicable box(es)]. o Condominium Rider D Planned Unit Development Rider [X] Adjustable Rate Rider D Growing Equity Rider D Graduated Payment Rider IXJ Olller [specify] Exhibit A, Legal Deuription cDe4R(PA) 19804~ -d~ ln~ial':~ / Pa!lo1ala ,~,' " ."""~~tc1 Loan #: 1500227540 rmi 1 tOr:l Document: Mort~e or Deed of Trust Page 9 of 11 Doc Pg: 9 BY SIGNING BELOW. Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by BOlTOwer and recorded with it Witnesses: (J<~:r~ ?.J A. s::--r tiJaniel A. Summey (Seal) -BOrrower JU'i:;;:: r'.'~ (Seal) .Borrower (Seal) (Seal) -BortoW"r -Borrower (Seal) -BorrOW"f (Seal) -BolTOwer (Seal) -BorrowCf (Seal) .Borrower Certificate 01 Residence I. Adelina Santiago the within-named Lender is Wimess my hand this , do hereby certify thar.me correct address of Hart Mongage Co., A Division 'of Main Line Bank 500 Offzce Center Drive, Suite 100, Fort Washington, Pennsylvania 19034 lOth day of July 1996 COMMONWEALTH OF PENNSYLVANIA, a4: hL'~ ~ ~/~~ Agent of Lend County 55: On this, 10th personally appeared day of July 1996 ,beforeme, lheundersigned officer, Daniel A. Summey, unmarmd man, and Judith E. Failor, unmarried woman known to me (or satisfactorily proven) to be person (8) whose name (9) subscribed. to the within instrument and acknowledged that they executed me same for the PUIJ>oses herein conbined. lN~S ~OF.IhereuntosetmYhandandOfficia1~~ X J\f My CommISSion ExpireS: ' _ /7 ... .fJ ./ ~l- NOTARiAL SEAL CONSTANCE l. IlARU, Nolary Pubilc NeVI Cumb::dITld, P;\ Ct:mbarland Co. My Com,";,,!o. "pires P,prll13, 1999 Titlco!Officer G..;4RIPA) t9604j PaveSol8 . . Loan #: rmilton Page 10. of 11 Doc Pg: 10 ,. , 'bldl ,,"- 1500227540 or Deed of Trust Document: "r--.. ( , . Mortre .. I FHA CUll No. 441.5226458-729 ADJUST ABLE RATE RIDER nus ADJUSTABI..ERATE RIDER is made this 10th day of July . 1996 . and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed ("Security Instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's Note ("Note") to Hart Mortgage Co., A Divuion of Main Line Bank (the "Lender") of the same date and covering the property described in the Security lnstrwnent and located at: 1714 Loewt Street. New Cumberland, Cumberland County, Commonwealth of Pemuylvania 17070 [PropcrtyAddrenl THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY, ADDmONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument., Borrower and Lender further covenant and agree as follows: INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Date The interest tate may change on Ihe first day of January . 1998 . and on that day of each succeeding year. "Change Date" means each date on which the interest rate could change. (V) The Index Beginning with the nrst Change Date, the interest rate will be based on an Index. "Index" means the weekly average yield on United Slates Treasury Securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. "Current Index" means the most recent Index ng~ available 30 days Wore the Change Date. If the Index (as defined above) is no longer available. Lender will use as a new Index any index prescribed by the Secrewy. As llsed 1n this Rider, "Secretary means the Secretary of Housing and Urban Development or his or her designee." Lender will give Borrower notice of the new Index. (C) Calculation of Interest Rate Changes Before each Change Date, Lender will calculate a new interest rate by adding a margin of tlve. percenrage poin,(s) (3,OOO %) to the Current Index and rounding the sum to the nearest one8eighth of one percentage point (O.12S%). Subject to the limits stated in paragraph (D) of this Ri.der. this rounded amount will be the new interest rate until the next Change Date. ED) Limits on Interest Rate Changes The interest rate will never increase or decrease by more than one percentage point (1.0%) on any single Change Da~ Tbe interest rate will never be more than five percentage points (5.0%) higher or lower than the initial interest rate. APll<..8591(g1~,.02: _. Pag.'o12: VI.IP MORTGAGE FOAMS _\313J2U_S10D _(300)521.72g\ FHAMUltlstateARMR)de};.~~ ~ Inlllals~ ",{ ".' "~j , ~" Loan #: 1500227540 rmilton ,- .. I Document: Mort~e or Deed of Trust Page 11 of 11 " , , (E) Calculation or Payment Change If the interest rate changes on a Change Date. Lender will calculate the amount of monthly payment of principal and interest which would be necessary to repay the unpaid principal balance in full at the maturity date at the new interest rate through substantially equal paymenls. In making such calculation, Lender will use the unpaid principal balance which would be owed on the Change Date if there had been no default in payment on the Note, reduced. by the amount of any prepayments to principal. The result of this calculation will be lhe amount of the new monthly payment of principal and interest Doc Pg: 11 (F) Notice of Changes Lender will give nolice to Bonower of any change in the interest rate and montl1.ly payment amount The notice must be given at least 25 days before the new monthly payment amount is due. and must set forth (i) the dale of the notice, (ii) the Change Date, (in) the old interest rate, (iv) tlle new interest rate, (v) the new monthly payment amount, (vi) the Current Index and the date it was published, (vii) the method of calculating the change in monthly payment amount, and (viii) any other infonnation which may be required by law from time to time. (G) Effective Date of Changes A Rew interest rate calculated in accordance with paragraphs (C) and (D) of this Rider will become effective on the Change Date. Borrower shall make a payment in the new monthly amount beginning on the fust payment date which 'occurs at least 25 days after Lender has given Borrower the notice of changes required by paragraph {F} of this Rider. Borrower shall have no obligadon to pay any increase in the monthly payment amount calculated in accordance with paragraph (E) of this Rider for any payment date occurring less than 25 days after Lender bas given the required notice. If Ihe monthly payment amount calculated in accordance with paragraph (E) of this Rider decreased, bUI Lender faHed to give timely notice of the decrease and Borrower made any monthly payment amounls exceeding the payment amount which should have been stated in a limely notice, then Borrower has the option 10, either (i) demand the return to BOll'ower of any excess payment, with interest thereon at the Note rate (a rate equal to the interest rate which should have been stated in a timely notice), or {ii} request that any excess payment, with jntere:lt thereon at the Note rate, be applied as payment of principal. Lender's obligation 10 return any excess payment with intezest on demand is not assignable even if the Note is otherwise assigned before the demand for return is made. J BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants conlllined in this Adjustable Ra;]) . ~clA.Summ'Y~ (Seal) ~.: JryJIfh E. Failor Mx (Seal) -Borrow,-r -Borrower (Seal) -Borrower ISpllce Below Thil Line Reserved for AeknowledgrneOIJ (Seal) -Borrower ~'~591(91031.a2 _. P"9Q2012 . . , '.-' ,,_.I I; ":!L , . 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 in Mortgage Foreclosure are true and correct to his information and belief. 1t ERT CHESTER ASSISrANT SECRETARlY ~',-' . '- , ""'~~~ ~ -, ~''''-Ii~-m,,,,,..A,~r~..&.lli. .'~ ^. ',. ~" illlIlIdiII _iii liJil - 0 <:J 0 C C) <' T. 7V ~ '"'DflS ~= ~y~ Jd .~ i>9.. Q:1r:ji '.- ~~~ :";i.\':. ~ ..t (n S;" I <:I.' "E) ~ ,Crt C) _<"X ~L'i~ ~(,~ d )> '''''' ...0 B C zO ::-'K. g=1 5>,Cl 6"- C =2 [:srn 0 Z ::-1 ~ ~ l:- ~ - I (::> -< "-. t? u ft: 'f 1- . u .;It...,~, , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE ) CORPORATION, ) NO.: 00-3478 ) Plaintiff, ) ) ISSUE NUMBER: vs. ) ) DANIEL A. SUMMEY and ) TYPE OF PLEADING: JUDITH E, FAILOR, ) ) PRAECIPE FOR DEFAULT JUDGMENT Defendants. ) (Mortgage Foreclosure) ) ) ) CODE- ) ) ) FILED ON BEHALF OF PLAINTIFF: ) ) Chase Manhattan Mortgage Corporation ) ) ) COUNSEL OF RECORD FOR THIS I hereby certifY that the address ) PARTY: of Plaintiff is: ) 3415 Vision Drive ) Kristine M. Faust, Esquire Columbus, OH 43219 ) Pa. LD. #77991 ) ) GRENEN & BIRSIC, P.C. ) Firm #023 the last known address of ) One Gateway Center Defendants is: ) Nine West 1714 Locust Street ) Pittsburgh, P A 15222 New Cumberland, P A 17070 ) ) (412) 281-7650 ) GRENEN & BIRSIC, P.C. ~ ;\'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 00-3478 Plaintiff, vs. DANIEL A. SUMMEY and JUDITH E. FAILOR, Defendants, PRAECIPE FOR DEF AUL T JUDGMENT TO: PROTHONOTARY SIR: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, Daniel A. Summey and Judith E, Failor, in the amount of$98,743,84, which is itemized as follows: Principal Interest through 7/25/00 Late Charges through 7/25/00 Escrow Deficiency Attorneys' fee Title Search, Foreclosure and Execution Costs TOTAL $89,793.38 $ 5,025.58 $ 467,49 $ 1,157.39 $ 800.00 $ 1.500.00 $98,743.84 with interest on the Principal sum at the rate of $21,16 per diem from July 25, 2000, and additional late charges, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises, BY: GRENEN & BIRSIC, P.C. ~ Kristine M. Faust, Esquire Attorneys for Plaintiff ".~ AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kristine M. Faust, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service of the United States of America to the best of her knowledge, information and belief and certifies that the Notices ofIntent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. .~ Sworn to and subscribed before me this~day of ",W1 ,2000. /Jb J j t /; 1i Wo~d<- !~otary PUbl~ .- [ 1 'iaIS,," .. ":<f~-.!:'r\ ina,~:_>:"_I ~-; , .~ PlliSL.w 'egh' y M eomr.". '. ,c, ~.XpIl8!- "~ ; Member, Fann~~;\ii:.i;iia As$oc!~tion at NoIirtes J.J I ~~I ,.1 \,--, <, (":' , ('.', C 'to,: iN '1'111: COl;R r 01. CU,v[,vION PLEAS OF CUivll3ERLAND COUNTY, PENNSYLVANIA CHASE MANHATTAN MORTGi\GI.: CORPORATION. Plaintiff: ) CIViL DIVISION ) ) NO.: 00-3478 ) ) ) ) ) ) ) ) ) vs. DANIEL A SUMMEY and JUDITH E. FAILOR, Defendants. TO: Daniel A. Summy \ 714 Locust S trect New Cumberland, P A [7070 DATE OF NOTICE: July 13,2000 r:vfPORTANT NOTICE YOU ARE IN DEF AUL T 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 ACTWITHINTENDA YS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE Cumberland County Bar Association Cumberland County Courthouse 4th Floor Carlisle, P A 17013 (717) 240-6200 GRENEN & BIRSIC, P.c. -, By: ..1iGWL~c;7:f j:;Lt~ Attorneys for Plaintiff One Gateway Center Nine West Pittsburgh, P A 15222 (412) 281-7650 FIRST CLASS MArL, POSTAGE PREPAID , ~ I L ' ~. .1" c r:: IN THE: COURT OF COivl:vION PLEAS OF CUi'vIl3ERLX\1J CUlJ0iTY. PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATrON, PlaintifC ) CIVIL DIVISION ) ) NO.: 00-3478 ) ) ) ) ) ) ) ) ) Ys. DANIEL A. SUMMEY and JUDITH E. FAILOR, Defendants. TO: Judith E. Failor 1714 Locust Slreet New Cumberland, P A 17070 DATE Of' NOTICE: July \3,2000 IMPORTANT NOTICE YOU ARE IN DEF AUL T 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, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE Cumberland County Bar Association Cumberland County Courthouse 4th Floor Carlisle, PA 170\3 (717) 240-6200 GRENEN & BIRSIC, P.c. By: "..u~ Attorn for Plainti ff One Gateway Center Nine West Pittsburgh, P A 15222 (412) 281-7650 FIRST CLASS MAIL, POSTAGE PREPAID -" j<.-, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 00-3478 Plaintiff, vs. DANIEL A. SUMMEY and JUDITH E. FAILOR, Defendants. NOTICE OF ORDER. DECREE OR JUDGMENT TO: Daniel A. Summey 1714 Locust Street New Cumberland, P A 17070 ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on J(..l'{ J I ,.;(,000 ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $98,743.84 with interest on the Principal sum at the rate of$21,16 per diem from July 25, 2000, and additional late charges, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises, ____ 41;/>0" ~ 2. 71?DM.d._ / Deputy I,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 00-3478 Plaintiff, vs. DANIEL A. SUMMEY and JUDITH E. FAILOR, Defendants. NOTICE OF ORDER. DECREE OR JUDGMENT TO: Judith E. Failor. 1714 Locust Street New Cumberland, P A .17070. ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on _),. /. t.1/ . ~ ( . ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $98,743.84 with interest on the Principal sum at the rate of $21.16 per diem from July 25, 2000, and additional late charges, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. ........ 4,,~ P 7pq'7~' r Deputy -~ - -~ , . ~~~IiillIlf~~"~~"~'~ ..~.",,~~ ,'-,~ ~'Iiil~~ .- . . . ".!,..~..,.. ",.. _". '.' ',,_'_A'" ... . .. ~" .IIiiIIiii""'''''' " "';,';.:"J.,' ~ 'Ii]' ~",,", " """""', C fd ~ ~ ~ It:. :-.0 0 n C~ - C (:::-~ r 0 <' "i ~ (Jr'": , ...0 rq:-; ~ ff2 2:'1. ~ -a f25S" :.:,) ~ ~ ~r':' --;-.'1 - (J' 1- ::t~=- .. ~ 5(:,:, ~_"J ,'-, . 2.: '-J ::< '.:' :::.:;! en :0 -.;,: l!1 C __I .,.. . "k-~ ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTI, PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, vs. DANIEL A. SUMMEY and JUDITH E. FAILOR, Defendants. SALE DATE: 12/6/00 continued to 317101 ) CIVIL DIVISION ) ) ) NO.: 00-3478 ) ) ) ISSUE NUMBER: ) ) TIPE OF PLEADING: ) Pa. R.c.P. RULE 3129,2 (c)(2) ) LIENHOLDER AFFIDAVIT OF ) SERVICE ) ) ) CODE- ) ) FILED ON BEHALF OF PLAINTIFF: ) ) Chase Manhattan Mortgage Corporation ) ) ) COUNSEL OF RECORD FOR THIS ) PARTI: ) ) Kristine M. Faust, Esquire ) Pa. LD. # 77991 ) ) GRENEN & BlRSIC, p,c. ) One Gateway Center, Nine West ) Pittsburgh, P A 15222 ) (412) 281-7650 ) ) ) ) ) . .'" 'toil. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATION, CIVIL DIVISION Plaintiff, NO,: 00-3478 vs. DANIEL A SUMMEY and JUDITH E. FAILOR, Defendants, Pa. R,C,P. RULE 3129.2(c)(2) LIENHOLDER AFFIDAVIT OF SERVICE I, Kristine M, Faust, Attorney for Plaintiff, Chase Manhattan Mortgage Corporation, being duly sworn according to law, deposes and makes the following Affidavit regarding service of the notice of the sale of real property on all persons named in Paragraphs 3 through 7 of Plaintiff's Affidavit Pursuant to Rule 3129.1 as follows: 1. By letters dated September 15, 2000, undersigned counsel served all persons (other than the Plaintiff) named in Paragraphs 3 through 7 of Plaintiff's Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinaty mail at the respective addresses set forth in the Affidavit Pursuant to Rule 3129,1. True and cortect copies of said Affidavit Pursuant to Rule 3129.1 and Certificates of Mailing and any letters, if returned 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, BY: l. Krist' M. Fa st, uire Attorneys for laintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Sworn to and subscribed before me this~day of FDOw n ! n, rJ L~ ' 2001. Qd\\1 C", 0" A4:~H'n\~ Notary Public Notarial Seal Public Patricia A. Townsend, Notary nty Pittsburgh. Alle\l.heny Cou 2 2003 M Commission Expires June , y .' u of NOtaries Member, Pennsylvania AsSOCla on ~~ ~ J Ii '1' ...C>.. ) ',".'- ...."\ ':\ " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, .. Plaintiff, NO.: 00.3478 vs. DANIEL A. SUMMEY and JUDITH E. FAILOR, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY 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 Daniel A. Summey and Judith E. Failor located at 1714 Locust Street, New Cumberland, PA and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF DANIEL A. SUMMEY AND JUDITH E, FAILOR OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN NEW CUMBERLAND BORO, CUMBERLAND COUNTY, PENNSYL V ANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 1714 LOCUST STREET, NEW CUMBERLAND, PA 17070. DBV 142, PAGE 907, AND PARCEL #26-23-0543-240. I, The name and address of the owners or reputed owners: Daniel A. Summey Judith E, Failor 1714 Locust Street New Cumberland, P A 17070 2. The name and address of the defendants in the judgment: Daniel A. Summey Judith E. Failor 1714 Locust Street New Cumberland, P A 17070 "" <~ \ " ,,{ 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 Manhattan Mortgage Corporation [PLAINTIFF] 4. The name and address of the last record holder of every mortgage ofrecord: Chase Manhattan Mortgage Corporation [PLAINTIFF] 5. The name and address of every other person who has any record lien on the property: Cumberland County Domestic Relations P.O. Box 320 Carlisle, PA 17013 P A Dept. Of Revenue Bureau ofIndividual Taxes Inheritance Tax Division Dept. 280601 Harrisburg, P A 17128-0601 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 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. B)r.~~~ ~ Kri . e M. ust, Esquire Attorney for Plaintiff SWORN to and subscribed before me this ~ day of SipUmbtA. V~~~b~<g~~ r ; ..~!, , ' PfIIsL. ! My ComIT., .' Member. Fent." .2000. --1 ~yi'ubi:.. '9 , COUnt}' ..~plr;r.J 2, 2003 , i. As:,,,,,,"l.on 01 Notaries -i$lS' U.S. POSTAL SERVICE CERTIFICATE OF MAILING Affixfe or met MAYBE USED FOR DOMESTIC AND INTERNA TIONAl MAil. DOES NOT post m PROVIDE FOR INSURANCE-POSTMASTER Postma Received'From: fee. Grenen & BiBle, P.C. One Gateway Center, Nine West ,/O'"c::::; I- . PilIsburgb, PA 15222 ".:).",'. .:! ':-;" /.,"./. - ' ." ...~.~ ~': '. ::::,'. / " . ~ " .-,. , ~-.. '.. ". -", ' . One piece of ordinary mail addressed to: ,-, ," ~ 'ft,.. IS. <:~\)J"," Cumberland County Domestic Re1adop,I' . ../~ '(, \i~1 P.O. Box 320 0Ia Carlisle . PA 17013 RGB Sunnnev PS Form 3817, M'J. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE POSTMASTER Received From: Grenen & Birsle, ec. Olll~ Gateway center, NIII8 west pittsburgh, PA 15"2 \'.' One piece of ordinary meil addressed to: PA Department of Revenue Bureau of Individual Taxes Illaeritanee Ta:n: Bi..~isi€lR, Be.l't. 2S9601 Harrisburg, PA 17128-0601 RGB PS Iiorm 3817, Mar. 1989 Surnme ..: " ^ " e here in stamps ef postage and I ar\(. Inquire of ster for .current . I I I i , ; , ~\ --1! f , " " Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster tor current "fee. (,., .\ I I , . ~~IIIliliIII~Iii1_IiM'iIlIllliliill~~~lflj,iiltW",~'lliliii,h,",,",",--,,~"~ "'=...;.,~, .-, ~,,,.,~"-' .~~'"". "" ~ ~-~IliI'~ :.., '~IlII.~~wr (') C) 0 C ,: ~ -" ::.-1 v('ri f"'Il m f'n OJ 2} Z ::CJ 1',1 Z r- cg~ UJ.P: ('oJ -< ~~- r:::C -~ >~ --""I.,_J -)~(') :!'=(' )>c ,,. (51"11 ~. ~ ~- :::> :D =< c> -< ~ . . .. ." - "" '<;'''1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, vs. DANIEL A. SUMMEY and JUDITH E. FAILOR, Defedants. SALE DATE: 12/6/00 continued to 3/7/01 ) CIVIL DIVISION ) ) NO,: 00-3478 ) ) ISSUE NUMBER: ) ) TYPE OF PLEADING: ) Pa, R.C.P, RULE 3129,2(c) ) AFFIDAVIT OF SERVICE ) DEFENDANTS/OWNERS ) ) ) CODE- ) ) FILED ON BEHALF OF PLAINTIFF: ) ) Chase Manhattan Mortgage Corporation ) ) ) COUNSEL OF RECORD FOR THIS ) PARTY: ) ) Kristine M, Faust, Esquire ) Pa.!.D. #77991 ) ) GRENEN & BIRSIC, P.C. ) One Gateway Center ) Nine West ) Pittsburgh, PA 15222 ) (412) 281-7650 ) ) ) ) ) ) ) . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATION, CIVIL DIVISION NO.: 00-3478 Plaintiff, vs. DANIEL A. SUMMEY and JUDITH E. FAILOR, Defedants. Pa. R,C.P, RULE 3129.2 Ie) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS Kristine M. Faust, Esquire, Attorney for Plaintiff, Chase Manhattan Mortgage Corporation, being duly sworn according to law deposes and makes the following Affidavit regarding service of Plaintiffs notice of the sale of real property in this matter on March 7, 2001 as follows: 1. Daniel A. Summey and Judith E. Failor are the owners of the real property and have not entered an appearance of record. 2. On December 7, 2000, this Court entered an Order authorizing Plaintiff to serve the Defendants by first class mail to the address set forth in the Order, with service to be valid mailing. A true and correct copy of the Order is marked as Exhibit "A" attached hereto and made a part hereof. 3. Pursuant to the Order and Pa R.C.P. 3129.2 (e) on December 18, 2000, the undersigned counsel served Defendants, Daniel A. Summey and Judith E. Failor, with a true and correct copy of Plaintiff's notice of the sale of real property by regular U.S. mail postage prepaid, --, < , J l ""-oj addressed to 1714 Locust Street, New Cumberland, P A 17070. A true and correct copy of the Certificates of Mailing, evidencing service by first class mail on the identified Defendants, are marked Exhibit "B", 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. BY: GRENEN & BIRSIC, p,c. l./'~lJt"~C~ Kristine M. Faust, Esquire Attorneys for Plaintiff Nine West, One Gateway Center Pittsburgh, P A 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THIS~DAYOF5rl)YlII Oil IJ ,2001. ~ \l "b \' ~ C0 oCto o'rYl \'()'j[cQ Notary Public Notarial Seal . Patricia A. Townsend. Notary Public Pittsburgh, Allegheny County My Commission Explles June 2, 2003 Member, Pennsylvanie AsSOCiation of Nolanes 1.-- f 1 i ...I...J~ .' ~ ~ ~,,~.~ "}-' - DEe 0 6 ~O ~ .' "::J ,( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTI, PENNSYLVANIA CHASE MANHA IT AN MORTGAGE CORPORATION, CIVIL DIVISION No.: 00.3478 Plaintiff, " vs. DANIEL A. SUMMEY and JUDITH E. FAILOR, Defendants. ORDER OF COURT AND NOW, to wit, this 1 ~ day of 11 a./' ,...~~ ,2000, upon considetation of the within Motion fOt Service of the Notice of Sheriffs Sale Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the Plaintiff is pennitted to serve Defendants, Daniel A. Summey and Judith E, Failor, by first class mail, postage pre-paid at 1714 Locust Street, New Cumberland, Pennsylvania 17070, Service on the Defendant shall be deemed complete and valid upon mailing by the Plaintiff. BY THE COURT: / IS/ u,~ 15. ~I. TRUE COpy FROM RECORD In T estlmony whereof. I here unto set my hand and the seaJ of said Court at Carlisle, Pa. This 'lrr:;V ~';~'";~~ :;; I Prothonotaiy 'j' " " .J' '. :,L,,' . U.S. POSTAL SERV'CE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE POSTMASTER Received From: -'j&~-!;a'l One piece ot ordinary mail addressed to: \)A(,,,o\ t:... ~-,0\~'~ \\ IL..\ LCY" I ,~-\ ~. i~i .' C, '(y\~\AN'\, m. \\C\lC\ PS Form 3817. Mar. 1989 PI' U.S. POSTAL SERV,CE CERTIFICATE F MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE POSTMASTER Received From: U. .=,J, One piece of ordinary mail addressed to: :sT -~ ,c:\.>r, i= FBI 10,1' III Lj I (\,(' i \"'-..-i- ."-+ . f\\oi.u ('; \('r)\"l:,)r I~ PA . '. PS Form 3817, Mar. 1989 ... , .. ~ ~ . ,~... '-.,t.t .-- 1....~ '.i '-0;-, no 70 ,.,j 'j,; " ','. '.-,', f , J , ! ,r ,- , , I I I ...!<I' ~_~mlii!i!~~$i~~~la\'_=b];'["1!"-"","'-::Il1ill~C""'=;"'-Sl:'""""" --M31 .__ ,L",.~ ~~, - {-- "~ ~-~~'l .~ 0 C:> 0 C :?' .-, -rJ cot:; -.., rnr'l f'r1 Z~,:: 0:1 fu~~;- r'V ~~j () J:>"~, :~ rj~q 2;;...:~ )>c c- t5iTi Z "=:> ~ ::! :D C:> -< l'!I --- . , ~ DEe 0 6 ZD~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTI, PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATION, CIVIL DIVISION No.: 00-3478 Plaintiff, vs. DANIEL A. SUMMEY and JUDITH E. FAILOR, Defendants. ORDER OF COURT AND NOW, to wit, this'f'\-dayof ~ , 2000, upon consideration of the . within Motion for Service of the Notice of Sheriff's Sale Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the PIaintiffis permitted to serve Defendants, Daniel A. Summey and Judith E. Failor, by first class mail, postage pre-paid at 1714 Locust Street, New Cumberland, Pennsylvania 17070, Service on the Defendant shall be deemed complete and valid upon mailing by the Plaintiff, i ,r ~ 'II ~ -'''''' "'" _",O_'._~_~ .,0' ,~_"=~~,~__~, ~ " ~" I;jLEO-OfFiCE D"' _.,~ ~,,~_. ""'('T.ARY .. j ~-fl~ '.Ad ! I i--.! ~!\; J If I "'_'_' 1"._' ",_)1, GO DEe -7 PI') 3: 43 CUMBERU.ND COUNTY PENNSYLVAJ"JIA _''''4'''''''~~~l\ll!I!L",__,~_"".~ !!I.- . } Il. Jt ''\3 '~ 'j g '" ..... ~ -, ,,~ . . ' . " -.j j;: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MANHATI AN MORTGAGE CORPORATION, Plaintiff, vs, DANIEL A. SUMMEY and JUDITH E, FAILOR, Defendants. ) CIVIL DIVISION ) ) No,: 00-3478 ) ) ) ) ISSUE NUMBER: ) ) TYPE OF PLEADING: ) ) MOTION FOR SERVICE OF NOTICE ) OF SHERIFF SALE PURSUANT TO ) SPECIAL ORDER OF COURT ) ) CODE- ) ) FILED ON BEHALF OF PLAINTIFF: ) ) Chase Manhattan Mortgage Corporation ) ) ) COUNSEL OF RECORD FOR THIS ) PARTY: ) ) Kristine M. Faust, Esquire ) Pa. 1.D, #77991 ) ) GRENEN & BIRSIC, P.c. ) One Gateway Center, Nine West ) Pittsburgh, P A 15222 ) ) (412) 281-7650 ) ) ) ) - " .' -,I' " h"> .. , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MANHATIAN MORTGAGE CORPORATION, CIVIL DIVISION No.: 00-3478 Plaintiff, vs. DANIEL A. SUMMEY and JUDITH E, FAILOR, Defendants. MOTION FOR SERVICE OF NOTICE OF SHERIFF SALE PURSUANT TO SPECIAL ORDER OF COURT AND NOW, comes the Plaintiff, Chase Manhattan Mortgage Corporation, by and through its attorneys, GRENEN & BIRSIC, P ,c', and files the within Motion for Service of Notice of Sheriff's Sale Pursuant to Special Order of Court under Pennsylvania Rule of Civil Procedure 430 as follows: 1. On or about July 31, 2000, Plaintiff entered Default Judgment against Defendants, Daniel A. Surney and Judith E, Failor in this action in the amount of $98, 743,84 and for foreclosure and sale of the mortgaged premises 2. On or about September 11, 2000, Plaintiff filed with the Prothonotary a Praecipe for Writ of Execution on the judgment in this action, 3, In accordance with Pa, Rule of Civil Procedure3129, Plaintiff mailed the Defendants, Daniel A. Summey and Judith E. Failor true and correct copies of Plaintiff's Notice of Sheriff Sale, by certified mail, return receipt requested at their last known address being 1714 Locust Street, New Cumberland, Pennsylvania 17070 and by directing the Sheriff of Cumberland County to serve the d ~, ""''' ~i , , Defendants at the same address. 4, As of November 8,2000, the certified mail regarding Defendant, Daniel A. Summey has been returned to Plaintiff indicating that the mail was unclaimed, A true and correct copy of the returned certified mail envelope is marked Exhibit "A", attached hereto and made a part hereof, 5. As of November 8,2000, the certified mail regarding Defendant, Judith E. Failor has been returned to Plaintiff indicating that the mail was unclaimed. A true and correct copy of the returned certified mail envelope is marked Exhibit "B", attached hereto and made a part hereof. 6. On or about November 10, 2000, Plaintiff received notice from the Cumberland County Sheriff indicating that they were unable to serve the Defendants with a copy of the Notice of Sheriff's Sale as the property is vacant. 7. The Sheriff of Cumberland County has posted the property located at 1714 Locust Street, New Cumberland 17070 with the Sheriff's Handbill of Sale pursuant to Pa, Rule of Civil Procedure 3129,2. 8. An Affidavit of the Plaintiff stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendants and the reasons why service of the Notice of Sheriff's Sale cannot be made, is marked Exhibit "C", attached hereto and made a part hereof. WHEREFORE, Plaintiff respectfully requests that this Honorable Court to permit the Plaintiff to serve Defendants, Daniel A. Summey and Judith E, Failor by mailing a true and correct copy of the Notice of Sheriff's Sale by first class mail, postage pre-paid to 1714 Locust Street, New ^" .'. --- '- - "<' -'", '''-'. ; ~: Cumberland, Pennsylvania 17070, Service of the Notice of Sheriff's Sale shall be deemed complete and valid upon mailing by the Plaintiff. GRENEN & BIRSIC, P.e. BY: Kristm(; M. ust, Esquire Attorneys for Plaintiff One Gateway Center-Nine West Pittsburgh, PA 15222 (412) 281-7650 .. , \,;. '.' , , 'i!_ .1 :) .1 , ':, :: ~ ~-z :.."} :"') -, :3 ,,,, Po~. ~ > '---..1 ~r-. ",0;0:;0::: '-'0 C' /' '-' -< ". ::::EVJn::;o~ oC)~S;;J}~o iii:r::r;=;40~~ :=;.. ,:;:., .,_" 0' ==te I} ri7;:;f:::J~ ~.s:::doo::2r- ou,rnQ,,?"?!!I 17ft I ~" -~ .: ~:Z:O'"' i'-t- _. = \,.;..1 en ~ (0 ~ !~~~ ::r'~(t(Tj . ~:;: Z ." '" 0., > '< ,,"' ntlJ '" ~ ~ ~ Cb~ '"' .n ~ Vl IV IV IV :-0 o ,,' CI a- CI CI CI CI ru ..J] CI .... "" .... ru .r:: Ln -..J ,',I " ./, i~ i" " ,,:; r~ ' :., >"., 1!! '-) , , '.' ;"\A ~ - .". ":l:'" ~... .:':..~ ,) ", ~ ~'" , ~:~::~~f/!~~;a:~~/ '.' ;-, Ii.. ::' ' , ~ ,-' I '!-'o" ~/' J~ t;;"lJ'" .>.;~ . r ,S? ...'\\. , ,"-('<1 ~v " --........, ~ -". . - i ~7 ~. ., - "', ~ - ~ "- ~ \ ---. o<;;::j "'zoo ::Co' _. P :;>::I rt ~ ru tr1 cr' Cl~ c: ~ L... .., <:::: a tT, <a~('tlz j-' - ~ R- ;;;' '< to Q:;a aSIJ ~ n '" n - '-" N N N "" CJ CJ CJ CJ " IT" CJ CJ CJ CJ ru -" CJ "... ~ "... ru -C -C CJ /-. \.> .-",\ \.)> ",. >-,-,--- ,', n.. 'I." " '''-...---.. . , -f, '., ^ ~- '"I' .', . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATION, CIVIL DIVISION No.: 00-3478 Plaintiff, vs. DANIEL A. SUMMEY and JUDITH E. FAILOR, Defendants. AFFIDAVIT PURSUANT TO P A. R,C.P. 430 COUNTY OF ALLEGHENY ) ) SS COMMONWEALTH OF PENNSYLVANIA ) Before me, a notary public, in and for the foregoing county and commonwealth, personally appeared Kristine M. Faust, Esquire, ofGRENEN &BIRSIC, P,C. attorneys for Plaintiff and deposes and says that the following accurately reflects efforts made to ascertain the exact whereabouts of the Defendant, Daniel A. Summey and Judith E. Failor, named in the above-captioned matter: a. On November 8, 2000, Plaintiff mailed to the United States Postmaster at New Cumberland, P A 17070, a request to be furnished with a forwarding address of the Defendants, b. On November 14, 2000, Plaintiff received a response from the United States Postmaster indicating that the Defendants reside at 1714 Locust Street. True and correct copies of these responses are marked as Attachment "A", attached hereto and made a part hereof, l, I, '>'i) c, Examinations were made of the New Cumberland Area Telephone Directory; said examination indicated no listing for the Defendants. d, Examinations were made of the Cumberland County Voter Registration Records; said examination produced no listing for the Defendants, e, A computer records search of a nationwide database indicated that the Defendants reside at 1714 Locust Street. Finally, affiant deposes and says that after the foregoing investigation, the Plaintiff believes and avers that the Defendants reside at 1714 Locust Street, New Cumberland, Pennsylvania 17070. GRENEN & BIRSIC, P,C. BY; C/C(~~ Kristine M. Faust, Esquire Attorneys for Plaintiff One Gateway Center-Nine West Pittsburgh, P A 15222 (412) 281-5197 Sworn to an subscribed before me thid s.t day of \"-offii'ffi\) 'QI\) ,2000, ~\l-\ ('~f\, 'B~ q'0\~ Notary Public . Ni;'.. ....... .... -. II '" .WU~. ..AdC . P8IIlaIaATun ..J.~ \ I My~n,.~j Member, PennSy\Va! :i~. AS9OCIa\fOll Of ~ " Pi: . , Postmaster New Cumberland, PA 17070 ~\ Date November 8, 2000 'I , Request for Chauge of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a box holder) for the following: Name: Daniel A, Summey Address: 1714 Locust Street NOTE: The name and last known address are required for change of address infOlmation. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 165.6(d)(8)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352,44a and b. 1. Capacity of requester (e.g., process server, attorney, party representing hirnself):Paralegal 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se . except a cOlporation acting pro se must cite statute): 3. The names of all known parties to the litigation: Chase Manhattan Mortgage Corp. vs. Daniel A, Summey and Judith E. Failor 4. The court in which the case has been or will be heard: Court of Common Pleas of Cumberland County 5. The docket or other identifying number if one has been issued:00-3478 6. The capacity in which this individual is to be served (e.g., defendant or witness): Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO A VOID PAYMENT Of THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. ~C\Q,V'(\~ Patty To nd Grenen & Birsic, P.c., One Gateway Center, Nine West, Pittsburgh, PA 15222 (412) 281-7650 FOR POST OFFICE USE ONLY eo....." / _ No change of address order on file. _ Not known at address given. POSTMARK NEW ADDRESS OR BOXHOLDER'S NAME and STREET ADDRESS ",I ., .~/;'1!! _ Moved, left no forwarding address No such address. i j'c!';/ IS Jxi-;vcfLE""c/ Ar A SaVe AJ>JJI<ES!;. ~~'ld Postmaster..~ New Cumberland, PA 17070 Date November 8, 2000 '7) Request for Cbange of Address or Boxholder Information Needed for Service of Legal Process Please furnisb the new address or the name and street address (if a box bolder) for the following: Name: Juditb Eo Failor Address: 1714 Locust Street NOTE: The name and last known address are required for cbange of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 165.6(d)(8)(ii). There is no fee for providing boxholder information. The fee for providing cbange of address information is waived in accordance with 39 CFR 265.6(d)(l) and (2) and corresponding Administrative Support Manual 352.44a and b. I. Capacity of requester (e.g., process server, attorney, party representing bimself):Paralegal 2. Statute or regulation that empowers me to serve process (not required wben requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute): 3. The names of all known parties to the litigation: Chase Manbattan Mortgage Corp, vs, Daniel A. Summey and Judith Eo Failor 4. Tbe court in wbicb the case bas been or will be beard: Court of Common Pleas of Cumberland County 5. The docket or other identifying number if one has been issued:00-3478 60 The capacity in whicb this individual is to be served (e.g., defendant or wituess): Defendaut WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO A VOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR Born (TITLE 18 U.S.C SECTION 1001). I certify thaI the above information is true and that the address information is needed and will be used solely for service of legal process in -connection with actual or prospective litigation. ~~~~ ,w1\r-6)~ Patty TOwQ.s d Grenen & Birsic, PoCo, One Gateway Center, Niue West, Pittsburgb, PA 15222 (412) 281-7650 FOR POST OFFICE USE ONLY ") -'. ". _ No change of address order on file. _ Not known at address given. POSTMARK NEW ADDRESS OR BOXHOLDER'S NAME and STREET ADDRESS Ai1j! 7c,~ _ Moved, left no forwarding address No such address. -X. jit4( / j j)aJIIF,eEjJ .;IT ABov''; A])j)f-=S I'.' 'it! . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTI, PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATION, CIVIL DIVISION No.: 00-3478 Plaintiff, vs, DANIEL A. SUMMEY and JUDITH E, FAILOR, Defendants, ORDER OF COURT AND NOW, to wit, this day of , 2000, upon consideration of the within Motion for Service of the Notice of Sheriff's Sale Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the Plaintiffis permitted to serve Defendants, Daniel A. Summey and Judith E. Failor, by first class mail, postage pre-paid at 1714 Locust Street, New Cumberland, Pennsylvania 17070, Service on the Defendant shall be deemed complete and valid upon mailing by the Plaintiff. BY THE COURT: ]. ,.,," ., -,^" '"~ . CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the wirhin Motion for Service of the Notice of Sheriff's Sale Pursuant to Special Order of Court and Order of Court was mailed to the following on rhis ,~+ day of ~\Tf\CJ1E='\1I, 2000, by first class, D,S. Mail, postage pre-paid: Daniel A. Summey 1714 Locust Street New Cumberland, P A 17070 Judith E. Failor 1714 Locust Street New Cumberland, P A 17070 GRENEN & BIRSIC, p,c. (~~~~- BY: \:,~ Kristine ,Faust,Esqurre Attorneys for Plaintiff One Gateway Center-Nine West Pittsburgh, PA 15222 (412) 281-7650 c. ~ ~ - ~- ""~'-IfIiIU!:ilo,.'iJU;j~"-~!,,,q!i<iil<~l:!I1l!W. "'~'''''~', "~~ . ,.>,. "-co ~>^_ " . ~"".IIf" ~'~ "'" .~ . I 0 ~ c:> al' fI"~ -j- f":i i.'~; =:l I' :~i8 ,~ , "'- ~~ 'f'" Sl:> -ef.; ::.t:~ ~ ::Iii. ,~;!("') .- 51" -., ,:::> ~ CT' "< . - Tr'r.,. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ( ) Confessed Judgment ( X ) Other (Default Judgment) Chase Manhattan Mortgage Corporation File No. 00-3478 vs. Amount Due $98,743.84 ../ Daniel A. Summey and Judith E. Failor Interest $2,973.92 Atty's Comm Costs (7/25/00 to Sale) TO THE PROTHONOTARY OF THE 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 for debt, interest and costs, upon the following described property of the defendant(s) County, 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. "/'i/f! Signature: Print Name: ~~ Date Kristine M. Faust Address: 1 Qateway Center, 9 West Pittsburgh, PA 15222 Attorney for: Plaintiff Telephone: (412) 281-7650 Supreme Court ID No.: 77991 (over) ;m'Y,~ . ~~ ~R ~. ~ ~t' ~ "~ -. " ~1IlIlli._~ *"",~",,,,,,,."kl:\;"lJOiij "::;. [-M' - - > ~ f~ - fb ('J 6"""" '\~ ~ ^ .........., ~ ~ ~\N ~ ~ - ~ ~ ~ ~ ~ ?\ ?\- ~~ ~, (J C.,) r' ~ C c.:J "..1 ;R~0 -n '." rq z", -'.0 ::c< ~~J " i'l 1=) ~C~. i '-..J -- :1::;::-; ~,~; -'.y> ~~~ --> ~ lCJ :z: --./ -<: ;:- ):;o~ .r:- :D -< ~f~;~?~ / ~ ~ > ". IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, NO.: 00-3478 vs. DANIEL A. SUMMEY and JUDITH E. FAILOR, Defendants, LONG FORM DESCRIPTION ALL that certain lot of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the westerly line of Locust Street two hundred eighty-nine and nine tenths (289.9) feet measured southwardly along said line from the southwest comer of the northerly intersection of Locust Street and Sherwood Road; thence southwestwardly at right angles to Locust Street and along the southerly line of Lot No. 22, Block "B" on the hereinafter mentioned Plan, one hundred ten (110) feet to a point; thence southeastwardly parallel with Locust Street and along the easterly line of Lot No. 12, Block "B" on said Plan, sixty (60) feet to a point; thence northeastwardly along the northerly line of Lot No. 24, Block "B," one hundred ten (110) feetto a point on the westerly line of Locust Street; thence along said line of Locust Street northwestwardly sixty (60) feet to the place of beginning. BEING Lot No. 23, Block "B" on the Plan of Lots of Highland Park Extension, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 5, Page 59. BEING the same premises which Donald A. Noss and Tammi R. Noss, by Deed dated June 25, 1996 and recorded in the Office of the Recorder of Deeds of Cumberland County on July 17, 1996, in Deed Book Volume 142, Page 907, granted and conveyed unto Daniel A. Summey and Judith E. Failor. GRENEN & BIRSIC, P.C. BY:~~ Kris. e M. anst, squire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Parcel No. 26-23-0543-240 " ,[[ I ~,_ '''"'--'''~'''''''Aiil&;l.A 11'l~,,"!ill_'mi~.Itlo1!~...--~,' .~.-~"'. J H ..I,":""~.n_ _~".. ~"_.=',,_ ,.' '., ., (') C ;;::::;; ;:gf;~} 2'"' Z"u 05" rs; ~~',:, .-0 ~C; ~>~' "'" ""- ::< , .,. - , C) (:J- (.I') :-'1 ~C1 Q " :'_.i ~'-"'-, ,ig ~)~'€ ,:.:>rn """ 2J :<: ~p . , -~ - ~ ~, I l -""""-j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, NO.: 00-3478 vs. DANIEL A. SUMMEY and JUDITH E. FAILOR, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY 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 Daniel A. Summey and Judith E. Failor located at 1714 Locust Street, New Cumberland, PA and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF DANIEL A. SUMMEY AND JUDITH E. FAILOR OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN NEW CUMBERLAND BORO, CUMBERLANDCOUNTY,PENNSYL VANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 1714 LOCUST STREET, NEW CUMBERLAND, PA 17070. DBV 142, PAGE 907, AND PARCEL #26-23-0543-240. 1. The name and address of the owners or reputed owners: Daniel A. Summey Judith E. Failor 1714 Locust Street New Cumberland, P A 17070 2. The name and address of the defendants in the judgment: Daniel A. Summey Judith E. Failor 1714 Locust Street New Cumberland, P A 17070 , ~- ~ -, . .......~~'i' 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 Manhattan Mortgage Corporation [PLAINTIFF] 4. The name and address of the last record holder of every mortgage of record: Chase Manhattan Mortgage Corporation [PLAINTIFF] 5. The name and address of every other person who has any record lien on the property: Cumberland County Domestic Relations P.O. Box 320 Carlisle, PA 17013 P A Dept. Of Revenue Bureau ofIndividual Taxes Inheritance Tax Division Dept. 280601 Harrisburg, PA 17128-0601 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 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. BYt,~~ Kri 'ne M. ust, Esquire Attorney for Plaintiff SWORN to and subscribed before me this ~ day of Sfj).fLmbtA.. ,2000. 0~[~~ Notary Public r ~.. . I ...Nee:,. i pit\sL.. i MyComrr._. Member. FeOl'. .. u1 ....y i'ubj;~ "9 ,CO~ OS '...plr .~G 2, 20 . ia A"....,d:on 01 Notaries "iaIS' , ~-,... -. , "^ - ~ <~ - - ,...,.;.;. ~-. 1t>~i!;lIi'lfljIDl_~I'''''''''' ~-;';"'"Mr'-- ~......~ III 0 e:, C) C Ci "','j <" r/) :! c) G: ,-'1 m r ~-, -, Z:i: "'n , -- /"'C,' ;,j Os~':_ l,"'J -<:/ I r:::C:' C) ;~;C) :::::"., -.- ~'~C '-;;(') PC: lO :::.) ['-n ='! , <:'". .........,: :fJ .~ -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CHASE MANHATTAN MORTGAGE CORPORATION, CIVIL DIVISION Plaintiff, NO.: 00-3478 vs, DANIEL A. SUMMEY and JUDITH E, F AlLOR, Defendants. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974.41 P.S.I01. 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, Faust, attorney for the Plaintiff, who being duly sworn according to law deposes and says that Plaintiff was not required to send Defendants written notice pursuantto 35 P.S. S 1680,403C (Homeowner's Emergency Mortgage Assistance Act of1983 - 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 U.S.C. SSI701-1715z-18) [35 P.S. SI680.401C(a)(3)]. Additionally, Plaintiff was not required to send Defendant written notice of Plaintiff's intention to foreclose said Mortgage pursuant to 41 P.S. S403 (Act 6 of 1974) prior to the commencement of this action for the reasons that said Mortgage is not a "residential mortgage" as defined in 41 P.S. S101 and Defendant is not a "residential mortgage debtor" as defined in 41 P.S. S101. ~ SWORN TO AND SUBSCRIBED BEFORE ME TillS ~ DAY OF \ luJffYYlbe;! ~ ' ~J!}- r; ,13~~ Notary Pu~ic ----I rialSI ""0' _.JJiy?ubi;..,,; "9, COUIllY. c.xpjr::ta 2. 2003 _ ia As:;, "Nolar' - , 2000. r'''Jile! ' I PilIsL, i My Comrr, _ 'Aember. F' " ~ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, NO.: 00-3478 vs. DANIEL A. SUMMEY and JUDITH E. FAILOR, Defendants. AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYL V ANlA SS: COUNTY OF ALLEGHENY Befare me, the undersigned autharity, a Natary Public in and far the said Caunty and Cammanwealth, persanally appeared Kristine M. Faust, attarney far the Plaintiff, who. being duly swam accarding to. law depases and says that the awners af the praperty located at 1714 Lacust Street, New Cumberland, Pennsylvania 17070 are Defendants, Daniel A. Summey and Judith E. Failar, who. reside at 1714 Lacust Street, New Cumberland, Pennsylvania 17070, to. the best afher infarmatian, knawledge and belief. (~~' SWORN TO AND SUBSCRIBED BEFORE ME THIS JjiDAY OF ~, 2000. ~fn~4~M~ Notary Public [~yii: " Member, r, >c' ri~~e ""~ ?ub....l eg\: CciuntY. __ \ 'Expire .' ':'lG 2.'2003 .if(iaAssr, "iim''')tNotaf~'''S 'I ;'. < IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, NO.: 00-3478 vs. DANIEL A. SUMMEY and JUDITH E. FAILOR, Defendants. " , ! NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Daniel A. Summey 1714 Locust Street New Cwnberland, P A 17070 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cwnberland County, Pennsylvania, and to the Sheriff of Cwnberland County, directed, there will be exposed to Public Sale at the Cwnberland County Courthouse Commissioners Hearing Room, 2nd Floor 1 Courthouse Square Carlisle, PA 17013 on Wednesday, December 6, 2000 at 10:00 A.M., the following described real estate, of which Daniel A. Summey and Judith E. Failor are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF DANIEL A. SUMMEY AND JUDITH E. FAILOR OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN NEW CUMBERLAND BORO, CUMBERLAND COUNTY, PENNSYLVANIA, HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 1714 LOCUST STREET, NEW CUMBERLAND, PA 17070. DBV 142, PAGE 907, AND PARCEL #26-23-0543-240. ",i The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Manhattan Mortgage Corporation, Plaintiff, vs. Daniel A. Summey and Judith E. Failor, Defendants, at Execution Number 00-3478 in the amount of$101,717,76. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the date and time of the sale of your property. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE TillS NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. Court Administrator 41b Floor, Cumberland County Courthouse Carlisle, P A 17013 TELEPHONE: (717) 240-6200 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. II . 'i'.i!il You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSL Y INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. B~~ Knine M. Fa&st, Esquire Attorney for Plaintiff . . 1'-- 1 j.. ='~ .. ,- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, NO.: 00-3478 vs. DANIEL A. SUMMEY and JUDITH E. FAILOR , Defendants. LONG FORM DESCRIPTION ALL that certain lot of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the westerly line of Locust Street two hundred eighty-nine and nine tenths (289.9) feet measured southwardly along said line from the southwest comer of the northerly intersection of Locust Street and Sherwood Road; thence southwestwardly at right angles to Locust Street and along the southerly line of Lot No. 22, Block "B" on the hereinafter mentioned Plan, one hundred ten (110) feet to a point; thence southeastwardly parallel with Locust Street and along the easterly line of Lot No. 12, Block "B" on said Plan, sixty (60) feet to a point; thence northeastwardly along the northerly line of Lot No. 24, Block "B," one hundred ten (110) feet to a point on the westerly line of Locust Street; thence along said line of Locust Street northwestwardly sixty (60) feet to the place of beginning. BEING Lot No. 23, Block "B" on the Plan of Lots of Highland Park Extension, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 5, Page 59. BEING the same premises which DonaldA. Noss and Tammi R. Noss, by Deed dated June 25, 1996 and recorded in the Office of the Recorder of Deeds of Cumberland County on July 17, 1996, in Deed Book Volume 142, Page 907, granted and conveyed unto Daniel A. Summey and Judith E. Failor. GRENEN & BIRSIC, P,C. BY:~~ Kris' e M. aust, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, P A 15222 (412) 281-7650 Parcel No. 26-23-0543-240 .c-'~ rHI . (j ....._.~I!~~il!Iill$I'"';,[:i>lid_itiiiiIit~Iili~~~~~;"'.;""~;,.'~ ",~.;";; ,. II( ~.~ ~ ~... li.X c. C <' EBE"": ~7 .~ .,.~f U).:,. -<> ~~; 6~-< >c=: Z =< 1IIIIt~ ~ ':'::J C..:) U) ,'q -u ., :j::TJ ',-) ::::,,, ~:,~ ~~? :'-.:-T-j ~~~ ~v -< ~9 ".. 01 .~- I. . ~"-'C PRAECIPE FOR WRIT OF EXECUTION. (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CREDIT BASED ASSET SERVICING AND SECURITIZATION . . ,) CUMBERLAND COUNTY Plaintiff, v. No. 00-3507 CIVIL MALINDA S. MEEHAN, FIK/A MALINDA S. RASMUSSEN CHARLES MEEHAN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $75.621.70 ,; Interest from 8/21/00 - 12/6/00 $1.330.01 and Costs (per diem - $12.43) $76.951.71 TOTAL ~'*' ~ ~ F . . FEDE . , ESQUIRE TWO PENN CEN ER PLAZA SUITE 900 PHILADELPHIA, PA 19102 Attorney for Plaintiff Note: Please attach description of property.No. <illl@llilliW~i(~~' ~- .~ ~,~~,jjllH<!lhtAA~a~~",",i\<;I&!1,~~;dkh~t~~'''_4,;~~.iI!1lIiIII'-L. "-r~ -"-^W."",~~~~~iMBIlI~lIIIliI""llilll z f;I;1 rJ1 '" >:l ~ '" ~ rzi < Z ~ Z f;I;1 ... '" ~ '" ...~ ~ ~ ~ '" Z ~ 0< ~ ~ 0 "'> ... ~~ " rzi Eo< E-< >:l . f;1;l ..;l", ~ < U ~~~~ .,; ~~ u @~ ~t ~ ~~ f;I;1 E-<= Of;l;1 f;I;1 ::l "'l"- 0 '" f;I;1f;1;1Z..... '" ~~ ... Q " < ~ . f;I;1'" ~f;I;1 Oc:l ~~O< .n 0 01: "'~ ~ E-< ~ . E-<~ ~ 0 E-<N '" . 0 u~ f;I;1... .;, ~~ ~~ <",,,,"f;I;1 S N "'E-< ... ~f;I;1~..;l ~ 5^ "'0 ~~ Z~ ~ eu ~~ ~~ ... ; ~ f-< ~~ ~u 01: ~u~i:J l:l.. f;I;1f;1;1 ... Q " ~u '" o~ "'", f;I;16, " u; ~. f;I;1 ~ ~ ~ ... en f;I;1f;1;1 E-< U '" ... f;I;1 2l == ~ rzi ~ -i::j ;g ~~ ~ " < - .~ < ~ ~ "'U U ~ ~ ~ o c:: '<.' (:::-J Lg~ ~'J .::;;:'".-- ~ "' ~.!" ~sS:" -- ~. i.'.'.~' ~:; .....-' ~ '. I ,~- "~ I ~. J.: -,,, ~ DESCRIPTION ALL THAT CERTAIN tract situated in the Borough of Carlisle, Cumberland County, Pennsylvania, as follows: ON the North by Hamilton Street; on the East by lot now or formerly of Laura Wert; on the South by an alley; on the West by lot now or formerly of John Bender: Comaining 28 feet in from on said Hamilton Street and extending in depth 120 feet to said alley; and having erected thereon a two and one-half story frame dwelling house, known and numbered as 519 Hamilton Street. BEING Parcel #06-20-1800-061. TITLE TO SAID PREMISES IS VESTED IN Charles Meehan and Malinda S. Meehan, husband and wife, by Deed from Malinda S. Rasmussen n/k/a Malinda S. Meehan and Charles Meehan dated 11/5/1996 recorded 1li26i1996 in Deed Book 1+9 page 773. ~~. '-~~~ ~maiWll>l ~1ml\"''''~I'l''''(.i'iH''''''~l!i~"lli.E~~....iIli;;<;~~;'''lII ~~ r-~ rQ> ........ o <0 ~ ~ "'-C\ ~ <:> '.J ......... ~ 6 _" ." ~,.,~,'-~i,< , ' --...... -. ---D \....... C ~~ ~ ~"~~-="lt~.","~",~. ~~~ ~-!Ill_ ~ c! ?' ~ c}; ~t-'_ o'~ o ~~ ~t ~~~ ~c :~ -< -~ C-) C'; illil ~/) "'1 "'",J ."i ,,' -''0 >~,~S --:~C) ~.~-:; \Ot'l :;-;~1 jJ -< :,:r:: rS::i C;) , -~ (f;) ~ . '-.,.-' e"-'- 'I - , I: I" 1 CREDIT BASED ASSET SERVICING AND SECURITIZATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DMSION MALINDA S. MEEHAN, FIKIA MALINDA S. RASMUSSEN CHARLES MEEHAN NO. 00-3507 CML Defendant(s). AFFIDA VII PURSUANT TO RULE 3129 (Affidavit No. I) CREDIT BASED ASSET SERVICING AND SECURITIZATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 519 HAMILTON STREET. CARLISLE. PA 17013. 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) MALINDA S. MEEHAN, F/K/A MALINDA S. RASMUSSEN 519 HAMILTON STREET CARLISLE, PA 17013 CHARLES MEEHAN 519 HAMILTON STREET CARLISLE, P A 17013 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate,) Pennsylvania Power and Light 827 Hausman Road Allentown, PA 18104 J I; "^djplG..,,; 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) American General Finance 6 South Hanover Street Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7, 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: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate,) Tenant/Occupant 519 HAMILTON STREET CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S, Sec. 4904 relating to unsworn falsification to authorities. September 8. 2000 DATE 2~~ F FEDE ,ESQUnRE~ Attorney for Plai tiff ~.. ~"""""_ki';\llim"kijjj;.~u;ali'o~l~.m.l1!~i!ai;\ic"'~i~"'''''''ii-;IDm,/;l'!l-~!t.~ .~~ilMlJl ~1lIi1!ll~ () ~c:: -rJ eT ~~j-:; ~~:~ y':. :'~C;' (~' /_r :;:;;c z _-J -< HIJ-' IiiifJIWI C"". L,,) ~/') ,"7) -':1 -~~ "\; I,' " .'-"f) f'-0 :::J ." ~ . ~~ ;Wwi, < CREDIT BASED ASSET SERVICING AND SECURITIZATION Plaintiff, CUMBERLAND COUNTY No. 00-3507 CIVIL v. MALINDA S. MEEHAN, FfKlA MALINDA S. RASMUSSEN CHARLES MEEHAN Defendant(s). September 8, 2000 TO: MALINDA S, MEEHAN, F/K/A MALINDA S. RASMUSSEN CHARLES MEEHAN 519 HAMILTON STREET CARLISLE, PA 17013 "TillS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TillS DEBT WAS NOT REAFFIRMED, TillS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 519 HAMIL TON STREET. CARLISLE. P A 17013, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6. 2000 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by CREDIT BASED ASSET SERVICING AND SECURITIZATION (the mortgagee) against you, If the Sheriff's sale is postponed, the property will be relisted for the March 7, 200 I Sheriff's Sale, NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TillS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due, To find out how much you must pay, you may call: (215) 563-7000. 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. -.< '" _" L ""I -'0 ~ -~"-~. , . You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale, (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1, If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000, 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3, The sale will go through only if the buyer pays the Sheriff the full amount due in the sale, To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as ifthe sale never happened, 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale, This schedule will state who will be receiving that money, The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed, 7, You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ~ i ^,' J <_ l_, l ^~ -~ '.''''l:.) ~' )' . . DESCRIPTION ALL THAT CERTAIN tract situated in the Borough of Carlisle, Cumberland County, Pennsylvania, as follows: ON the North by Hamilton Street; on the East by lot now or formerly of Laura Wen; on the South by an alley; on the West by lot now or formerly of John Bender: Containing 28 feet in front on said Hamilton Street and extending in depth 120 feet to said alley; and having erected thereon a two and one-half story frame dwelling house, known and numbered as 519 Hamilton Street. BEING Parcel #06-20-1800-061. TITLE TO SAID PREMISES IS VESTED IN Charles Meehan and Malinda S. Meehan, husband and wife, by Deed from Malinda S. Rasmussen n/k/a Malinda S. Meehan and Charles Meehan dated 1115/1996 recorded 1l/26/1996 in Deed Book 1.+9 page 773. - ~~.,.; - "',. ~..I'"' """'I~iii!ijH~il:~l;j~'lii!a""",lt&~'~ - ''-'''''''1 :tiN"" . , '-~'" .~"-._- "''''="-Bi- .. .,~. () c:' C C) .c;. ,~_/) -c C;~; \-;1 nl ~ 'j -'"';:1 .. , i 2::: _,.d ~ C ..c:.... ~-j (j~' h.::: 2i i ,. ."0 ~~) ~--~ -~j :> ~~-,; - .<::- ) );.-.... C [''':;' I-n _c =) .:2 ~ :h -< -< ~ .. ".~ ".~- .."',,~"~ liilllF- FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 ATTORNEY FOR PLAINTIFF CREDIT BASED ASSET SERVICING AND SECURITIZATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION MALINDA S. MEEHAN, FIK/A MALINDA S. RASMUSSEN CHARLES MEEHAN NO. 00-3507 CIVIL Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. e.s. Section 4904 relating to unsworn falsification to authorities. ~~~ F K FEDE AN, ESQUIRE Attorney for Plaintiff - ~ ~ ~n ~~:..b' i,~, ,.... c', Uj".t(tii~illf.@!dm'lli."~~_kill,;'",&,,,-~~~ili.l~-' w ~~.!l._"'~-"U c ~~. -JL:. %~~ G::C; -,,-...,--- "''7'-_-' ?:::'...> Pc: ~J -', ~.._~~.. ;~. c-,:J 1<' ~-~ ~-'-'" ~:~j ? c., FEDE~ANandPHELAN By: FRANKFEDE~AN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 ATTORNEY FOR PLAINTIFF FIRST UNION NATIONAL BANK, S/B/M TO CENTERBANK MORTGAGE COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION WILLIAM L. MARTIN NO. 00-3912 CIVIL Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C,S, Section 4904 relating to unsworn falsification to authorities. ~l!liIlf~ _d"IJiiIiliij,~~~~~i\li;;~"*,ilJ!iJ!:m";,",1J~.',;":-"i"~"'~'~'';'';;';fr'~.s,''"<\li"I!iii~illllb_'"'W'" !..,.."", .L. .~[ _..p,", 1.,,1'~ . , ...,-, ,", ,~< ^, ~_ ,~, '''l!Ml<!i\1B~:a;fM~li!o~iHIi''><'; ""':; o. 0 n ~i 0 ~'fl </) .-j r1'\ ~~i~,C , -0 \.--" .~~ -n{B CO -r'- 66 ~o ;po :r."T; - .-n ~g :x o~ - z - ~ .. ~ (;.) ~ .."", !Ill -<~~ . ~~,-..~- - !~.! I , I i , CERTIFICATIOO OF pm a:Nl'FMPT CASE MIffiER 00 - 6 0 2 1 NAME BRYAN SHEAFFER VICTIM'S NAME: . 230 N CROSS ROAD LYKENS PA 17048 BARBARA SHEAFFER BALANCE DUE: $ 70.50 ADD DELETE $ $ $ $ $ $ $ 10.00 $ $ 15.00 $ $ 45.50 $ 170 STATE SURCHARGE 171 STATE FINE 260 SHERIFF COST ($1,,50 + ADDTL) 207 DISTRICT ATTORNEY 204 COURT COSTS (CLERK OF COURTS) 502 RESTITUTION NAME PROTHONOTARY ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP NAME $ $ ADDRESS ;.<",' ,0". CITY STATE ZIP PROTHONOTARY OFFICE J' " .1 h ~ pERSON CERTIFYING INFORMATION' ~/n /. ~ . C . ... DA ,-/J--' ~- ~~, ~ ~ I I' =lll"~~._1 CERTIFICATIOO OF PFA <Xl'l'l.>>WT , CASE IDlBER 00-6103 CIVIL TERM NAME DANA SHEARER, SR . 1101 CLAREMONT ROAD VICTIM'S NAME: BRENDA SHEARER CARLISLE PA 17013 BALANCE DUE: $ 70 ~O ADD DELETE $ $ $ $ $ $ $ 10.00 $ $ ,15.00 $ $ 45.50 $ 170 STATE SURCHARGE 171 STATE FINE 260 SHERIFF COST ($1.50 + ADDTL) 207 DISTRICT ATTORNEY 204 COURT COSTS (CLERK OF COURTS) 502 RESTITUTION NAME PROTHONOTARY ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP NAME $ $ ADDRESS CITY STATE ZIP PROTHONOTARY OFFICE PBRSON CERTIFYING INFORMATION d4-' 4 ~ DATE 1- /f- r/o ~i... ~ "C'.>.;.'" I. - - o o , CETIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYL VANIA RULE OF APPELLATE PROCEDURE 1931 (C) . To the Prothonotary of the Apellate Court to which the within matter has been appealed: SUPERIOR COURT OF PENNSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: CARRIE E. ROUSH VS MICHAEL J. JANESKO E. JADE JANESKO 97-5886 EQUITY TERM 1373 MDA 2000 The documents comprising the record have been numbered from No. 1 to U2l, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 8-22-00 . An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. tJ~(}cj-<<J Date '-/~ tl.J~ Signature & Title