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Home My WebLink About97-00135 ,,\ ~ , ... g cf y ~ ... 0 f :2 <t * it -C 2 II: , ~ \ I I U 1'1 ~ -C cJ - ~ .:l - CJ s~ t' <.r- SHERIFF'S RETURN - REGULAR CASE NUl 199~-0013~ P COI1I1UNW~;AI. TIl m' P~:NNSYL Y AN IA I COUNTY IW CUI1H~;RLAND CIlAs_~;_ttMm.A TXMLJ:IOR..TG.AG!':_ CPBL YS. PJ':!,TER A_kllf,!!T _~.E:L~L__h_ mu_ _!l_H;I:fA..I~J,,_ltARR..IJ;~. _____.J Sheriff or Deputy Sheriff of CUll BERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COI1PLAINT - 110RT FORE was served upon B~ILAN!fA_Jt___...___ th. defendant, at 929:00 HOURS, on the !!1h day of Januarv 1922 at 17~ ENOLA ROAD E:HQ!,.^LL__P....._17_02~_.__ _______ . CUI1BERLAND County, Pennsylvania, by handing to ALBERT W. PEFFER. HUSBAND OF DEFT. a true and attested copy of the togQther with NOTICE COI1P.LA] NT_=-l1PR:r JORE_ .___.~_---J and at the same time directing H~~ attention to the contents thereof. Sh~riff's Costs: DockQting SQrvice Affidavit Surcharge 6.00 .00 .00 2.00 eB.1/l1/l 50 anawers:,~ ~ R:-'-TllO'C:~~;~~",_-~----- ~Im':;9~NP '::L;t:1 ~ ~ /) /~~eAM \ Sworn and subscribed to before me It_ ' \ this _...1...7...::.._ day of l. J~.. '-'"1 if f 19__.'!'l_ A. D. _~f'1U- a.)\ ~-==t)J41~-'------'--' i prot1Ulrl~ar, .. .J FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 12151 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION (S/B/M TO SOVRAN MORTGAGE CORPORATION) 200 OLD WILSON BRIDGE ROAD WORTHINGTON, OH 43085-8500 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION r; 7- !3'J (1 ~ {Ll t. TERM v. NO. CUMBERLAND COUNTY ALBERT W. PEFFER ANNA M. PEFFER 175 ENOLA ROAD ENOLA, PA 17025 LARRY E. ECKERT SANDY M. ECKERT 175 ENOLA ROAD ENOLA, PA 17025 Defendant (s) Thls'ls'an attemptto coReet CIVIL J\CTION - LJ\W a debt and ei1~llj1f:;-:n:ltlon MORTGME FORECLOSURE obtaln:d wiiI:;J u:::d tor that pur;;c:o. NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY TRUE COPY FROM RECORD COURT ADMINISTRATOR , 4TH FLOOR IA TllSltlmony Y/Mr~' '. I h~-~ unto set my handCUMBERLAND COUNTY COURTHOUSE and the seal of ~..:,. 'UII zt C;rli.i19. Pa. CARLI SLE, PA 17013 T 4. a [,,- 1917 (717) 240-6200 t.., , We hereby certify the within to be a true and corroel eopv of the original filoej of record FEDERMMJ AND PHELAN 6. The following amounts are due on the mortgage: Principal Balance Interest 5/1/95 through 12/1/96 (Per Diem $8.40) Attorney's Fees Cumulative Late Charges 11/27/95 to 12/1/96 Cost of suit and Title Search Subtotal $26,656.60 4,872.00 1,332.00 186.04 550.00 33,596.64 Escrow Credit Deficit Subtotal 0.00 666.43 666.43 TOTAL $34,263.07 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose has been sent to Defendant(s) by certified Mail, as required by Act 6 of 1974 of the Commonwealth of Pennsylvania on the date(s) set forth in the true and correct copy(s) of such notice(s) attached hereto as Exhibit "A." 9. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. ~ 1692 et seq. (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s) do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant(s) with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if different from above. WHEREFORE, PLAINTIFF demands Judgment against the Defendant(s) in the sum of $34,263.07, together with interest from 12/1/96 at the rate of $8.40 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. Isl Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff - - CERTIFIED MAIL October 24, 1995 Albert Peffer 175 Eno1a Road Enola, PA 17025 RE: Loan 010-102191575; **NOTICE OF ~S7~~::JN TO FORECLOSE MORTGAGE** The MORTGAGE held by Chemical Resident Mortgage Corporation (hereinafter we, us, or ours) on your property located at 175 Enola Road, Enola, PA 17025 IS IN SERIOUS DEFAVLT because you bave not made the monthly payments of $353.84 for the months of June, July, August, September, and October 1995. Late and other charges have also accrued to this date and equate to $165.45. The total amount now required to cure this default, or in other words, get caught up on your payments, as of the date of this letter is $1,934.65. You may cure tbis default Nitbin THIRTY DAYS (30) of th~ date of tbis letter, by paying to us $1,934.65, plus any additional montbly payments Bnd late cbarges Nbicb may fall due during tbis period. Payment must be made either by cashier's check, certified check, or money order, and sent to PO Box 349006, Columbus, OH 43234-9006. If you do not cure the default within THIRTY (30) DAYS, Ne intend to exercise our rigbt to accelerate tbe mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage iii monthly installments. If full payment of the amount of the default is not made within THIRTY (30) DAYS, Ne also intend to instruct our attorneys to start a laNsuit to foreclose your mortgaged property. If tbe mortgage is foreclosed, your mortgaged property Nill be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred, up to $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable Cvsts, If you cure the default Nithin tbe tbirty day period, you Nill not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still bave the right to cure tbe default and prevent the sale at any time EXH1BlT A ~ , ., .- - CERTifIED MAIL Albert Peffer October 24, 1995 Page 2 up to one bour before tbe Sheriff's foreclosure sale. You .ay do so by paying tbe total amount of the unpaid monthly payments plus any late or otber charges tben due, as ~ell as the reasonable attorney's fees and costs connected ~ith tbe foreclosure sale (and perform any otber require.ents under tbs .ortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately six (6) months from the date of this letter. A notice 01 the date of the Sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at 1-800-848-9380. This payment must be by cashier's check, certified check, or money order, and made payable to us at PO Box 349006, Columbus, 011 43234-9006. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in It. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. ~.: .,.,: You have additional rights to help protect your interest in the property. YOU IIAVE THE RIGIIT TO SELL TilE PROPERTY TO OBTAIN HONEY TO PAY OFF TilE MORTGAGE DEBT, OR TO BORROW MONEY FROH ANOTHER LENDING INSTITUTION TO PAY OFF TillS DEBT, (YOU MAY IIAVE TilE RIGHT TO SELL OR TRANSFER TilE PROPERTY SUBJECT TO TilE MORTGAGE TO A BUYER OR TRANSFEREE WIIO WILL ASSUME THE MORTGAGE DEBT, PROVIDED TIIAT ALL THE OUTSTANDING PAYMENTS, CIIARGES, AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, (AND T1IAT THE OTHER REQUIREMENTS UNDER TilE HORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT HIGHT EXIST]. YOU HAVE TilE RIGHT TO HAVE TillS DEFAULT CURED BY ANY THIRD PARTY AGTING ON YOUR BEIIALF. YOU IIAVE THE RIGIIT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE JOU MAY HAVE TO ACCELERATION AND FORECLOSURE: If you cure the default, tbe mortgage Nill be restored to tbe same position as 1f no default had occurred. However, you are not entitled to this right to cure your default more than three times ill allY calendar year. Chemical Resident Mortgage Corporation by CHEMICAL RESIDF.NTIAL MORTGAGE CORPORATION, AGENT :rot.-~~ John DoBroka Assistant Manager Default Loan Servicing Department C-66/JMAC.JT/TUESOAY EXH1B\T A , , ( " ..-, -, CERTIFIED MAIL October 24, 1995 Anna Peffer 175 Enola Road Enola, PA 17025 RE: Loan #10-1021915757 **NOTICE OF INTENTION TO FORECLOSE MORTGAGE** The MORTGAGE held uy Chemical Resident Mortgage Corporation (hereinafter we, us, or ours) 01: YG~r prcpar~y ~oca~ed at 175 Enola Road, Enola, PA 17025 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $353.84 for tbe montbs of June, July, August, September, and October 1995. La~e and other charges have also accrued to this date and equate to $165.45. The total amount now required to cure this default, or in other words, get caught up on your payments, as of the date of this letter is $1,934.65. You may cure tbis default Nitbin THIRTY DAYS (30) of tbe date of tbis letter, by paying to us $1,934.65, plus any additional montbly payments and late cbarges Nhicb may fall due during tbis period. Payment must be made either by cashier's check, certified check, or money order, and sent to PO Box 349006, Columbus, OH 43234-9006. If you do not cure ~he default within THIRTY (30) DAYS, Ne intend to exercise our rigbt to accelerate tbe mortgage payments. This means that whatever is owing on the original amount borrow~d will be considered due immediately and you may lose the chaQce to payoff the original mortgage in monthly installments. If full payment of the amount of the default is not made within THIRTY (30) DAYS, Ne also intend to instruct our attorneys to start a laNsuit to foreclose your mortgaged property. If tbe mortgage is foreclosed, your mortgaged property Nill be sold by tbe Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred, up to $50.00. Any attorney's fees will he added to whatever you owe us, which may also include our reasonable cosLs. If you cure tbe default Nithin tbe tbirty day period, you Nil1 not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure tbe default and prevent the sale at any time EXH\B\T A ~ ,- - CERTIFIED MAIL Anna Pe Her October 24, 1995 Page 2 up to one bour before tbe Sberiff's foreclosure sale. You .ay do so by paying the total amount of tbe unpaid monthly payments plus any late or otber cbarges tben due, as Nell as the reasonable attorney's fees and costs connected Nitb tbe foreclosure sale (and perform any otber requirements under tbe .ortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately six (6) months from the date of this letter. A notice of the date of the Sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at 1-800-848-9J80. This payment must be by cashier's check, certified check, or money order, and made payable to us at PO Box J49006, Columbus, OH 4J2J4-9006. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your righe to remain in It. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN HO~EY TO PAY OFF TilE !lORTGAGE DEBT, OR TO BORROW HONEY FROH ANOTIIER LENDIKG INSTITUTION TO PAY OFF THIS DEBT, [YOU HAY IIAVE THE RIGIIT TO SELL OR TRANSF~R TilE PROPERTY SUBJECT TO THE HORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUHE TilE MORTGAGE DEBT, PROVIDED TIIAT ALL TilE OUTSTANDING PAYHENTS, CIIARGES, AND ATTORNEY'S FEES AND COSTS ARE PAID PR IOR TO OR AT TilE SALE, (AND TIIAT THE OTIIER REQUIREHENTS UNDER TilE ~ORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WIIAT CIRCUHSTANCES TillS RIGIIT HIGIIT EXISTI. YOU IIAVE TilE RIGHT TO HAVE TillS DEFAULT CURED BY ANY TIIIRD PARTY ACTING ON YOUR BEHALF. YOU HAVE THE RIGIIT TO REINSTATE AFTER ACCELERATION AND TilE RIGIIT TO ASSERT IN TilE FORECLOSURE PROCEEDING TIlE NON-EXISTENCE OF A DEFAULT OR ANY OTIIER DEFENSE YOU HAY HAVE TO ACCELERATION AND FORECLOSURE. If you cure tbe default, the mortgage Nill be restored to tbe same position as if no default had occurred. 1I0wever, you are not entitled to this right to cure ycur default more than three times in any calendar 'year. Chemical Resident Hortgage Corporation by CIIEHICAL RESIDENTIAL ~ORTGAGE CORPORATION, AGENT :rL ~~ John DoBroka Assistant Hanager Default Loan Servicing Department C-66/JHAC.JT/TUESDAY EXH\B\T A o CHASE Chase Manh.lttan Mortgage Corporation 200 Old W,I,on 811dge Road Worthington, OH 43085.8500 '-800.848-9136 Cu~tomer 5ervice ,.800.582.0542 TOO I Te.t Telephone September 16. 1996 CERTIFIED MAIL Larry E, Eckert 175 Eno1a Road Enola, PA 17025 REo Loan #10-1021915757 "NOTICE OF INTENTION TO FORECLOSE MORTGAGE" The MORTGAGE held by CMMC (hereinafter ~e. us, or ours) on your property loeated at 175 Enola Road. Enola. PA 1702: IS It! SERIOUS DEFAULT because gou have not made the monr.hlg pagments 0: $358... for the months of June 1995 through september 1996. Late and ather eharges have als: a:crue~ :: this date and equate to $213,02, The total amour.: no~ required to cure tn~S default. or in other ~ords. ge: caught u? cn your payments. as 0: the date 0: this letter is $5.915,8&, You mag cure this default within TP.:RTY DAYS (301 of the date of this letter, bg paging to us $5,915.86, plus ang additional monthlg pagments and late charges which mag fall due during this period. Payment must be made either by cashier's check. certified check. or money order. and sent to PO Box 349006, Columbus. OH 4323_-9006, I: yeu de not cure the default withi~ Tr.:~~' :30: ~AYS. we intend to exercise our righC to acceleraee the mortgage pagme~ts. Th~s means that ~hatever is ow;ng on the original amount borrowed ~il: be considered due imrr.ediately and you may lose the chance to payoff the or~ginal mortgage in monthly installments. If full payment of the amouni of the default is not made ~ithin THIRTY (30) DAYS. we also intend 'to instruct our attornegs to start a lawsuit to foreclose gour mortgaged propertg.- If the morcgage is foreclosed, gour mortgaged propertg will be sold bg the Sheriff to pag off the mortgage debt. I: ~e refer your case to our attorneys. but you cure the default before they bog1n logal proceed1ngs against yo~. !:~ ~~:: still ha~' to pay the reasonable attorney's fees actually incurred. u? to $50,00, Any attorney's fees will be add.;'o t" '..:hate':"r y')U ow.; us. WhlCC. ::18:: als,: induc, our reasonable costs. If gou cure the default within the th:r:~ day period. uou will noC be re~ired co pay.a~C0r~ey's i~ez. ~. " '," ~-.~:'" .' ::~'_ .'::':'_. ::.~\'~ :Jle EXH\B\T A o CHASE CERTiFIED MAIL Larry E, Eckert September 16, 1996 Page 2 rigbt to cure tbe default and prevent tbe sale at any time up to one bour before tbe Sberiff's foreclosure sale. You mag do so bg paging the total amount of tbe unpaid montblg pagments plus ang late or otber cbarges tben due. 45 well as the reasonable d:cor~eg's fees and coses connected with the foreclosure sale (and perform any otber requirements under tbe mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately six (6) months from the date of this letter. A notice of the date of the Sheriff's sale will be sent to you before the sale. Of course. the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at 1-800-848'9380. This payment must be by cashier's check. certified check. or money order. ~~C made payable to us at PO Box 349006. Columbus. OH 43234.9006. You should reali:e ~ha~ a Sh~=i::'s sa:e will end your ownership of the mor:gagi?r:i proper~y and T)L::' r:..g:.-: ";:': :,,~~:..n ir: it. Ii you continue t.,; Ii'le ir. the prop~rty af~e:" the ShE~i::'s 5a:~. a lawsuit could be started to evict you. You hav~ addltlOna: rign:s to hEl~ ~:c:~c: you: int~rEst in thE property. yeG HAVE THE RIGHT 1'0 SELL TIE PROP::?:":: TO OB-:'AIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT, [YOU MAY HAVE THE RIGHT Te SELL OR TRA1lSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR ~;NSFEREE ~~O WILL ASSUME THE MORTGAGE DEBT. PROVIDED THA-:: ALL THE OUTSTANDING ?.:..YMElr.S. CHARGES. AND ATIORNEY' S FEES AND COSTS ARE PAID PRIOR TO OR AT THE S;.LE. (ArIL THAT THE OTHER REQUIREMENTS UNDER THE MOR'!'GAGE ARE SA-::rSFIED, :aN;:A':7 U~ T: DHEP.H!NE mmEP WllA'!' CIRCUMSTANCES TH!S RIGHT MIGHT EX!ST], YOU ;:_~,VE THE R:~l:-:- TO HAVE THIS DEFAULT CURED BY ANY THIRD PARE ACTING 011 YOUP, BE.I{;.':',. YOU HAVE THE RIGHT TO REINSTATE AFTE.'\ ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE ?ROCEEDING THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION ANL FORECLOSURE. If gou cure the default. tbe morer;ar;e will be restored to tbe same position as if nc default had occurrec. E~'...'-:':o::'. :;:t: ar-: not E:1!itl-:c t,: "::-.':'~ ::ig.h: t.: cur~ your default more th2.:1 'thr-eo: '"::..mes ir: any calendar year. Chas~ Mani)3ttan M0r~g3g~ ::rp~::a:i)~ is a::~m~,,:in~ t.; collec: a d~b~ and anv In:0r~a:10rl 0tt3.:.n~c ~il~ ~~ us~.~ ~:r :~a: ?U:'~0S~. '''~f'''~ ..... ." 0... . n _.... --r; "~;:- () - -. =:..:.~ ;,C !.~.:.'~" ':,:: :"', E){H\B\T A September 16, 1996 CERTIFIED MAIL Sandy M. Eckert 175 Enola Road Enola, PA 17025 RE: Loan "10-1021915757 "NOTICE OF INTENTION TO FORECLOSE MORTGAGE" The MORTGAGE held by CMMC (hereina:"e: we, us, or ours) on your property located at 175 Enola Road, Enola,?A 17025 IS IN SERIOUS DEFAULT because gou have not made the monthlg pavments 0; SJ59.44 for the months of June 1995 througb September 1996. Late and other charge. have a~sc acc:~e~ :: this date and equa"e tc $213.02. The total arnoun: now :~q~~:ec ~: :~:~ ~~:s da:aul:. c: in o~he: wares, get caught up on you: pa}7-e~ts. as a: tce ~a:e :: this letter is $5,9:5.86. You mag cure this defa~lt within THIRTY DAYS (30) of the date of this letter, bg paging to us $5,915.86, plus ang additional monthlg pagments and late cbarges wbich mag fall due during ~is period. Payment must be made either by cashier's check, cer"i:ied check. c: ~o~ey order, and sent to PO Box 349006, Columbus, OH 43234.9006. If you do not e~re the de:aul: ~::~:~ 7~:~7: (30i Df~S. we intend to exercise our right to accelerate the mor:.age pa.70ents. This ~ean. tha" wha"ever is owing on the origina~ a~c~~t t::::~a~ ~i:: oe eonside:ed due immediately and you ma~ lose thL chanee te pay 0:: tce c::i:na~ mortgage in monthly installments. If full payment of the ~~ount of the default. is not made within THIRTY (30) DAYS. we also"intend to instruct our attornegs to start a lawsuit to foreclose gour mortgaged propertg. If tbe mortgage is foreclosed, gour mortgaged propertg will be sold bg the Sheriff to pag off tbe mortgage debt. If we refer your case :0 our attorneys, tu: you cure the default before they begin legal proceedings against yc". yeu ~ill still have to pay the reasonable attorney's fees aetua::y :ncur:ac. ~~ to ~S0.00. Any attorney's fees will be added to whatever yo~ :~e us. ~r.i:r. ~ay also include aur reasonable costs. If gou cure the default w:thin the t~:r:. da. period. gou will not be required to pay attorneg's fees. I,.I~ may 3:~C _ _ ... A' '., - -;: .' .":_.' ..-...... .- -... --- ... -" _....- ." _ ~... ... _ 4 ~rt: C:.~~~';. 8.7;:' ~__ ot':1t: S'll(' \'ir~ :..~ '.'~ t::<:, ex\-\\6\\ ~" CERTIFIED MAIL Sandy M. Eckert September 16, 1996 Page 2 rigbt to cure tbe default and prevent tbe sale at anv time up to one hour before the Sheriff's foreclosure sale. You mav do so bV paving the total amount of the unpaid monthlv pavments plus anv late or other charges then due, as well as the reasonable attornev's fees and costs connected with the foreclosure sale (and perform anv otber requirements under tbe mortgage) . It is estimated that the ear11est date that such a Sheriff's sale could be held would be approximately six (6) months from the date of this letter. A notice of the date of the Sheriff's sale will be sent to you before the sale. Of course. the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at 1-800'848-9380. Tn:s'payment must be by cashier's check, certified check, or money order. anc ~ade payable to us at PO Box 349006, Columbus, OH 43234-9006. You should realize that a Sheriff's sa:a w::: end your ownership of the mortgaged property and yo"= =:g~t t: =a~a:n in it. If you continue to live in the prope=ty after the She:::: s S~:~. a l~.su:~ could be sta::ed to ev~c: yc~. You have additionu: r~gt:s :s ~~:~ ;:c:ec: y:u: interes: in the proper:y. rGe HAVE THE RIGHT TO SEL~ ~ PRO?ER:C :C OB:A:~ MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTr~' :ENDING INSTITUTION TO PAY OFF THIS DEBT, [YOU HAY HAVE THE RIGHT TO SELL OR ~~~SFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR T~ISFEREE ~~0 WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL TrtE OUTSTANDING ?<.Yl-8lTS. C:~_<-"GES, AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE Sr~E. (~~D T.~T THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIEDi. ::~TAC: CS :: DE:E~~INE UNDER WHAT CIRCUMSTANCES THIS RIGhi MIGHT EXIST]. y.QU ;:_~.V:: THE R:'~:-:: Te ;:_~.VE THIS DEFAULT CURED BY ANY TIiIRI: PARCY ACTING ON YOUR EL~~:. - . YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEQING THE NON.EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU HAY HAVE TO ACCELERATION AND FORECLOSURE. If vou cure the default, tbe mortgage will be restored to the same position as if no default h~d occurred. E8~~~~:. yau a:~ n0: enti:~ed to this right tc cure your default more tha~ ~hree ::~es in a~y cal~nda= year, Cha5e Manhattan ~()::~:~~,_~ '~::-'2C,:-.:l::C:-, :.s a::-2"':.?::~g. tG cGllec~ .1 dl~lJt and any l~formatlJn obtai~~~ ~::: :~ ~8~~ ~~: :~~: ;.~:;()S~, .-:~.~,~: :.,' ......-...- -,- 0 r-) U. _(I - . .. '. .......... '. EXHIBIT A .: . r-'l~':: . ....' I .: ~ . 6. The following amounts are due on the mortgage: . . Principal Balance $26,656.60 , \ Interest 4,872.00 'p 5/1/95 through 12/1/96 (Per Diem $R.40) Attorney's Fees 1,332.00 Cumulative Late charges 186.04 11/27/95 to 12/1/96 Cost of suit and Title Search 550.00 Subtotal 33,596.64 Escrow Credit 0.00 Deficit 666.43 Subtotal 666.43 TOTAL $34,263.07 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose has been sent to Defendant(s) by certified Mail, as required by Act 6 of 1974 of the commonwealth of Pennsylvania on the date(s) set forth in the true and correct copy(s) of such notice(s) attached hereto as Exhibit "A." 9. Pursuant to the Fair Debt collection Practices Act, 15 U.S.C. S 1692 et seq. (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s) do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant(s) with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if different from above. WHEREFORE, PLAINTIFF demands Judgment against the Defendant(s) in the sum of $34,263.07, together with interest from 12/1/96 at the rate of $8.40 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff - ...... CERTIFIED MAIL October 24, 1995 Albert Peffer 175 Eno1a Road Enola, PA 17025 RE: Loan 010-102191575; **NOTICE OF ~ST~~::JN TO FORECLOSE MORTGAGE"" The MORTGAGE held by Chemical Resident Mortgage Corporation (horninllftor we, us, or ours) on your property located at 175 Enolll ROIIIl, Ermlll, PA 17025 IS IN SERIOUS DEFACLT becsuse you bsve not msde the monthly p~ymentN of $353.84 for the montbs of June, July, August, September, snd October 1995. Late and other charges have also accrued to this date and nll'JI1t" to $165.45. The total amount now required to cure this default, or In othor words, get caught up on your payments, as of the date of this lottor I~ $1,934.65. You msy cure tbis defsult Nitbin THIRTY DAYS (30) of thu dato of thi~ letter, by psying to us $1,934.65, plus sny additionsl monthly payment~ snd late cbarges Nbicb may fall due during tbis period. I'aym"nt mu~t bo made either by cashier's check, certified check, or monoy orrl"l" , 111111 ""nt to PO Box 349006, Columbus, OH 43234-9006. If you do not cure the default within THIRTY (30) DAYS, NO intand to exercise our rigbt to 8ccelerate tbe mortgage paymont~, Th III mn,lns that whatever is owing on the original amount borrowod will b" con~idorod duo immediately and you may lose the chance to payoff tho oriRlnal mortgago in monthly installments. If full payment of the amount of tho dofllult is not made within THIRTY (30) DAYS, Ne also intend to inNtruct our attorn6y~ to start a lSNsuit to foreclose your mortgaged property, If the mortgage is foreclosed, your mortgaged property Nill be sold by tho Sheriff to pay off the mortgage debt. If we refer YO\lr eM'" to n\lr Ilttnrll"y", but you cure the default before they beKin 1"Kill prrH:e",llnl\' "KllillS!. YO\l, you w111 still have to pay the reasoMble atton",y', I,,,,,; IIct\llllly Inc\lrr",I, up to $50.00. Any attorney's fees will bn ".I.lnrl to whlll"vnr YO\l ow.. \If>, which may also include our reasonable c~.l., If you cure tho default Nlthin the thirty day period, you Nill not bo requirod to pay ~ttornoy's fees. We may a Iso sue you persona II y for lh.. \lnp"lrl I'rI nel I' ,I! b,l!lInco and a 11 other sums due under the mortgage. If YOII hllvn nol <:lIro.\ thll dofault within the thirty day period and foroelo""rn I'ro<:nll,liIlK" hnvll bllg\ln, you still bave the right to cure the default ~nd prevtl/lt t/", ..ale lit IIny time EXHtB'T A .~ ~ - ..-, CERTIFIED MAIL , l " Albert Peffer October 24, 1995 Page 2 . up to one bour before tbe Sheriff's foreclosure s81e. You m8Y do so by p8ying tbe tot81 8mount of tbe unp8id monthly p8yments plus any 18te or other cbarges tben due, as Nell as the reasonable attorney's fees and costs connected Nith tbe foreclosure s81e (8nd perform any otber requirements under tbe mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately six (6) months from the date of this letter. A notice or the date of the Sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at 1-800-848-9380, This payment must be by cashier's check, certified check, or money order, and made payable to us at PO Box 349006, Columbus, OH 43234-9006. ~::'; You have additional rights to help protect your interest in the property. YOU HAVE TilE RIGHT TO SELL TilE PROPERTY TO OBTAIN MONEY TO PAY OFF TilE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT, [YOU MAY HAVE THE RIGHT TO SELL OR TRANSYER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WIIO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL TilE OUTSTANDING PAYMENTS, CHARGES, AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, (AND TIIAT TilE OTIIER REQUIREMENTS UNDER TilE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST]. YOU HAVE THE RIGHT TO HAVE TillS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT. IN THE FORECLOSURE PROCEEDING TilE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE you MAY HAVE TO ACCELERATION AND FORECLOSURE~ If you cure tbe def8ult, tbe mortgage Nill be restored to tbe same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Chemical Resident Mortgage Corporation by CHEMICAL RESIDENTIAL MORTGAGE CORPORATION, AGENT :r oL, '\}, ~ John DoBroka Assistant Manager Default Loan Servicing Department C-66/JMAC.JT/TUESDAY EXHIBIT A ,- - CERTIFIED MAIL Anna Peffer October 24, 1995 Page 2 up to one bour before tbe Sberiff's foreclosure sale, You may do so by payiag tbe total amount of tbe unpaid montbly payments plus any late or otber cbarges tban due, as ~ell as tbe reasonable attorney's fees and costs connected ~itb tbe foreclosure sale (and perform any otber requirements under tbe mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately six (6) months from the date of this letter. ^ notice of the date of the Sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at 1-800-848-9380. This payment must be by cashier's check, certified check, or money order, and made payable to us at PO Box 349006, Columbus, OH 43234-9006. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain In it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN 1101'EY TO PAY OFF THE 110RTGAGE DEBT, OR TO BORROW 110NEY FROI1 ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT, [YOU HAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE 110RTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUI1E THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYI1ENTS, CHARGES, AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, (AND THAT THE OTHER REQUIREI1ENTS UNDER THE 110RTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUI1STA~CES THIS RIGHT I1IGHT EXIST]. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU I1AY HAVE TO ACCELERATION AND FORECLOSURE. If you cure tbe default, tbe mortgage ~ill be restored to tbe same position as if no default bad occurred. However, you are not entitled to this right to cure your default more than three times in any calendar jear, Chemical Resident 110rtgage Corporation by CHEMICAL RESIDENTIAL 110RTGAGE CORPORATION, AGENT :rL'\h~ John DoB roka Assistant l1anager Default Loan Servicing Department C-66/JI1AC.JT/TUESDAY EXHIBIT A I i t ~ i "I o CHASE I i , ~ , ChJ'!lt? MJflll.lttiill Mortg.lCjt. Corporation 200 Old VII,I,on B",Jg. ROdd Worthington, OH 430B5,6500 1.600.646.9136 Cuslome' 5e,v". 1.600.562.0542 TOO I Te.1 Telephone September 16. 1996 CERTIFIED MAIL Larry E, Eckert 175 Enola Road Enola, PA 17025 RE; Loan #10-1021915757 ..NOTICE OF INTENTION TO FORECLOSE MORTGAGE.. The MORTGAGE held by CMMC (hereinafter we. us. or ours) on your property located at 175 Enola Road. Eno1a. PA 17025 IS IN SERIOUS DEFAULT because gou have not made the monthlg payments of S358.4. for the months of June 1995 throuqh September 1996. La~e and other charges hav~ also a::=ue~ :~:s date and equate ~o $213.02. The total amoun: now required to cure this de:aul:. or in other words. ge: caught up on you~ paymen~s. as 0: th: dat~ 0: th~~ l~~te~ is $5.915.86. You mag cure this default within THIRTY DAYS (30) of the date of this letter, bg paginq to us S5,915.86, plus acg additional monthlg payments and late charges which mag fall due during this period. Pa:nnent must be made either by cashier's check, certified check. or money order. and sent to PO Box 349006. Columbus. OH 43234-9006. I: yo~ d~ not cu=e th~ defaul: with:~ TH!~:~ (30: ~AYS. we intend to exercise our righe to accelerate the mortgage paymencs. This means that whatever is ov,d.ng on the original amount borrow-=~ wil: Do? considtr'ed du~ iIIUr.ediately and you may lose the chance to payoff. the original mor:gage in monthly installments. If full payment of the amouni of the default is not made within THIRTY (30) DAYS. we also intend'co instruct our attornegs to start a lawsuit to foreclose gour mortqaqed propertg.- If the mortqaqe is foreclosed, gour mortqaqed propertg will be sold bg the Sheriff to pag off the mortqaqe debt. T: we refer your case to our attorne::s. bu: you cure the default before they b~gin lEgal proceedlngs agains: ya~. y:i: ~~:: s:i:: ha~~ ~o pay th~ reasonabl~ attorney's fees actually incurred. u? to S50,OO, Any attorney's fees will be added t':. '."..hate':-::- y,'ll': OWE US. Whl:~. :1a:: a1s.:' :nclL:.-:~ au:- reasonabl~ costs. If gou cure the default within the th~r:~ da~ perioc. ~ou will not be reQUired to pa~ 'a:cQr~eg's t~es. . -' ~ ~ . ~.. ~;+-, : ~.'_ .~~;__ ~~\'~ :ll~ EXHIBIT A o CHASE CERTIFIED ~IAIL Larry E. Eckert September 16, 1996 Page 2 right to cure the default and prevent the sale at ang time up to oue hour before the Sheriff's foreclosure sale. You mag do so bg paging the total amount of the unpaid monthlg pagments plus ang late or other charges then due, as well as the reasonable a:corneg's fees and costs connected with the foreclosure sale (and perform ang other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately six (6) months from the date of this letter. A notice of the date of the Sheriff's sale will be sent to you before the sale. Of course. the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at 1-800-848-9380. This payment must be by cashier's check. certified check, or money order. anc made payable to us at PO Box 349006. Columbus. OH 43234-9006. You should reali=~ that a She~i~:'s sa:e will end your ownership of the mortgagee pr0pe~~y and yo~= rig~: t~ rEmain ir. it. I: you continue tv live in the property af:er the Sheriff's s~:e. a lawsuit could be started to evict you. You hav~ additiona: rights to hE~~ ;rctec: your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT. OR TO BORROW MONEY FROM ANOTHER LENDING INSTITlrIION TO PAY OFF THIS DEBT. [YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MQRTGAGE TO A BUYER OR TRANSFEREE W~O WILL ASSUME THE MORTGAGE DEBT. PROVIDED THAT ALL THE OUTSTANDING F.:"YMEl;:'S. CHARGES. AND ATIORNEY' S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE. (AND THAT THE OTHER REQUIREMENTS UNDER THE MORTSAGE pRE SATISFIED". CONCA:: U~ TO DETERMINE UNDEP WHAT CIRCUMSTANCES THIS RIGH'!' MIGHT EXIST), YOU !'_WE THE R:G!:."T TC HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR B~~~F, YOU HAVE THE RIGHT TO REINSTATE AETER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. If you cure the default, the morcqage will be rescored to the same position as if nc default had occurre~. H~~e~~:. y~~ ar~ no: en:itled tc :~lS ~i~h: to cur-.; you:, default more t.ha:1 thr-=-e t:.mes ir. an~' calendar year. Chas~ Manhattan Mortgage C:rp0=a:i~~ is a::em?~ln~ to) collec: ~ d,!b~ and anv inf0r~a:iJ~ ob~ain~d wil: :~ us~: ~:= :~~: pu:~~s~ ""'.".'~ ;..... -,-- r. ""o~ () -- .... -,... - - "" ~ --. --'. ,',. EXHIBlT A r.~<. .~.. I'. .'- .\.'.- : I . Sandy M. Eckert September 16, 1996 Page 2 CERTIFIED MAIL ':, rigbt to cure tbe default and prevent the sale at anv time up to one hour before the Sheriff's foreclosure sale. You mav do so bV paving the total amount of the unpaid monthlv pavments plus anv late or other charges then due, as well as the reasonable attornev's fees and costs connected with the foreclosure sale (and perform anv otber requirements under tbe mortgage). It is estimated tha. the earlies, date that such a Sheriff's sale could be held would be approximately six (6) mon,hs from the date of this letter. A notice of the date of the Sheriff's sale will be sent to you before the sale. Of course. the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at 1-800-848-9380. T.~is'paynent must be by cashier's check, certified check, or money order, and ~ade payable to us at PO Box 349006, Columbus, OH 43234-9006. You should realize that a Sheriff's sa:e will end your ownership of the mortgaged property and yo~r right :: re~ain in it. If you continue to live in the property after the Sr.dri:: s sa:a, a la.sui: could be started to evic, you. , I "I I , You have addi:ion&: ~igt:~ ~~ ~~:~ ~:::ec: y=~: interes: in t~~ prope::y. YOC HAVE THE RIGHT TO SELL ~ P~O?E~:: Te OBTA=~ MONEY TO PAY OFF. THE MORTGAGE DEBT, OR TO BORROW MONEY F~OM ANOTr.'R ~DING INSTITUTION TO PAY OFF THIS DEBT. [YOU MAY HAVE THE RIGHT TO SELL OR T:t~~SFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR T~~SFEREE ~~C ~ILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING ?<.YlilllTS. G<.,^GES. AND ATIORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT T}2 Sr~E. (~~D T.~: T}2 OTHER REQUIREMENTS UNDER THE MORTGAGE ARE"SAT!S:IECi. :2~TAC7 ~S ~: DE:~~~INE UNDER WP~T CIRCUMSTANCES THIS RIGHT MIGHT EXIST]. YOU ::.<.V:: T}2 R:'~~:: Te r.;VE THIS DEFAULT CURED BY ANY THIn PARTY ACTING ON YOUR B~~~F. . . YOU HAVE THE RIGHT TO REINSTATE AF:~, ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEQING THE NON. EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE' YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. If vou cure the default, tbe mortgage will be restored to the same position as if no default had occurre;;. :;O'N~':~:. ::01..: a:-= ~O: en~i tIed tc this right to cure your default more t~an ,hree ti~es in a~y calendar year. Chase Manhattan Mo::g~~~ ::=~s=a::c~ :~ a::~~?:~ng tc collect a debt and any inf0rmatiJn obtai~~~ ~:__ :~ ~~~~ ~:: :~~: ;~:~c~s~. '=~~.!: t-... " '..' ._.~ - .--..-..... .....- 0 "--,"0, J; - '''1'_, ..... . ...... '.. 5E: '::.':': .fI~':~ ':....';: ,:'.':' EXHIBIT A' -'--- .r O<;~::::~;:"::. ~',.<' ,'~: ':",". -,:,;,,~,;<::i'i.:-;;:~ .~, '~.' ,:~. -:~. \. . :.:.-..'~, ':'" .,' .::' " . ': .~. " : ':"'< ~.:., . "..1.,...-' ..:.t~~44~~ ./~ '~h'...u...F..f _\;.~_:r.:..QI.fI""' !...........~-.~.~t..~....,. ~....M...:......'. t,....-.I'>.,.......:..'.l.a.1....:..\...., ~..-'- - '. DESCRIPTION ALL TIIAT CERTAIN ttact of land, with the improvements thereon erected. SITUATE in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the Westerly line of Enola Road at the distance of 60 feet measured Southwardly along the Westerly line of said Enola Road from the Southerly extremity of the arc or curve connecting the Southerly side of Dauphin Stteet with the Westerly side of Enola Road, and extending thence along the Westerly side of the said Enola Road, South 5 degrees 9 minutes 30 seconds West, 30 feet to a point at the center line of the partition wall between houses known as Nos. 173 and 175 Enola Road; thence North 84 degrees 50 minutes 30 seconds West along the centerline of said partition wall and beyond, 150 feet to a point; thence North 5 degrees 9 minutes 30 seconds East, 30 feet to a point and thence South 84 degrees 50 minutes 30 seconds East, 1 SO feet to the place of beginning. HAVING THEREON ERECTED the Northern half of a double two story frame dwelling house, and known as No. 175 Enola Road. TAX PARCEL NUMBER: 09.140832.274A . . ."...., FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esq. Atty. 1.0. 162695 Ste. 900/Two Penn Center Plaza Philadelphia, PA 19102 (215\ 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION (S/B/M TO SOVRAN MORTGAGE CORPORATION) APR ' "J~/ II- ATTORNEY FOR PLAINTIFF vs. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 97-135 CIVIL ALBERT W. PEFFER AND ANNA M. PEFFER AND LARRY E. ECKERT AND SANDY M. ECKERT ORDER AND NOW, this Ii' , 1997, upon /./",,1 . day of consideration of Plaintiff's Motion and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Complaint on the above captioned Defendant(s), LARRY E. ECKERT AND SANDY M. ECKERT, by mailing a true and correct copy of the Complaint by cert.i.iied mail and regular mail and by posting of the premises 175 F~OLA ROAD, ENOLA, PA 17025, by the Sheriff. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiff's attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. In the event that Notice uf Sheriff Sale cannot be made in the manner provided in Pa. R.C.P. 402(a) or Pa. R.C.P. 403, service shall be made by regular and certified mail to Defendants last known address and by posting of the premises by the Sheriff. BY THE COURT: -t( t-.. /I /L ;' J. / SHERIFF'S RETURN - NOT FOUND CAS.. NO: 1997-00135 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN M~RTGAGE CORP VS. PEFFER ALBERT W ET AL R. Thomas Klin9 , Sheriff, who being duly .worn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: ECKERT LARRY E but was unable to locate ..!!~J!L__ in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE NOT FOUND -.J as to the within named defendant ECKERT LARRY E QEFT. MOVED OVER TWELVE_ YEARS AGO TO.. HARRISBUR.f?__ -' AREA. NO FORWARDING ADDRESS ON RECORD. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: 6.00 .00 ,00 2.00 . -',:",- . . H. Thomas Kl1ne, Sheri!! $8.00 FEDERMAN AND PHELAN 01/15/1997 Sworn and subscribed to before me this day of 19 A. D. ProfJionot."r~ I/[V' ...." L.I\IIIL..!d A SHERIFF'S RETURN - NOT FOUND CASE NOI 1997-0013~ P COMMONWEALTH OF PENNSYLVANIA I COUNTY Or CUMBERLAND CHASE MANHATTAN MORTGA~!LC;;.ORP VS. ~EFEER Al.BERT W ET AL R. Thomas Kline ---J Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: ECKERT SANDY M but was unable to locate _~eL__ in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE NOT rOUND as to the within named defendant ECKERT SANDY M DErT. MOVED OVER TWELVE YEARS AGO TO.li~~RISBURG AREA. NO rORWARDING ADDRESS ON RECORD. Sheriff's COStSI So answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 2.00 fl. Thomas K1J.ne, ~herJ.:f:f 6~.~~ rEDERMAN AND PHELAN 01/15/1997 Sworn and subscribed to before me this _ day of 19 A. D. Prothonotary ..~_., f\" IIE"l . '. . I OJ\:I,',).1 t I COMMONWEALTII OF PENNSYLVANIA: :, SS: COUNTY OF PIIILADELI'IIIA; On this 26th day of February. 1997, before me, Ronda S. Page, the undersigned officer, personally appeared TIIEODORE A. PAGE, known to me to be the person whose name is subscribed to the within affidavit. and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF. I hereunto set my hand and official seal. , t 'J J.J W. OT~RY pu'~,r' (My commission expires NOTARIAL SEAL ., RONDA S PAGE. Notary Puhhc Clry of Philadelphia, Phtla Counry M CommisSIon E.. Ires Jrln 10. 1999 ) EXHIBIT "Bq REASONABLE INVESTIGATION, INC. TWO PENN CENTER PLAZA SUITE 900 PHILADELPHIA, PA 19107-1799 (215) 563-7000 February 25, 1997 POSTMASTER Enola, PA 17025 R.qu..t for Ch.ng. of Addr... of soxhold.r Inform.tion N..d.d for S.rvic. of L.gal proc... I I i Pl.... furni.h the new addre.. or the n..e and .tr.et addr... for the following. NAMI!:. ADDRESS. Larry E. Eckert .nd S.ndy M, Eck.rt 175 Enol. Ro.d, Enol., PA 170~5 NOTE. Th. n... .nd l..t known .ddre.. .re required for ch.nge of .ddre.. inform.tion. The n..., if known, .nd po.t office box .ddre.. .re required for boxholder inform.tion. Th. following inform.tion i. provided in accord.nce with 39 crR 265.5(d)(6)(ii). Th.r. i. no f.. for providiog boxbold.r information. The f..e for providing change of .ddre.. information b w.ived in .ccord.nce with 39 CRF 265.5 (d)( 1 land (2) .nd corrnponding Ad.inbtrativ. Support M.nu.l 352.44. .nd b. 1. Capacity of Requester: Attorney 2. Statue or regulation that empowers me to serve: n/a 3. The names of all parties to the litigation: Larry E. Eckert and Sandy M. Eckert 4.The court in which the case has been or will be heard: civil Division/ Cumberland county 5.The docket or other identifying number: 1997-135 6. The capacity in which this individual is to be served: Defendant in a Mortgage Foreclosure Action WARNING THE SUBMISSIGN OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION rOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE or UP TO $10,000 OR IMPRISONMENT or NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 USC SECTION 1001) I certify that the above information i. true and that the address information is n~eded and will be used .olely for service of legal process in connection with actual or pro.pactive litigation. La~;;~~ Attorney 1.0. No. 32227 Two Penn Center Plaza, Ste 900 Philadelphia, PA 19102 ----------------------------FOR POST OFFICE No change of address order on file. USE ONLY------------------- NEW ADDRESS (name & street address) ':i Good as Addressed not known at address no such address " . 1/ \'r.'~._ _, _ ,'\ given ,:'/ ,~~\ \ \ moved, left no forwarding address '\ '5'""':'"' I I I "' J \"'- ,. EXHIBIT "S8 I \ VBaJ:I'J:CA'l'J:O. 'p I'ranci. S. Hallinan, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing MOTION POR SERVICE 01' THE COMPLAINT PURSUANT TO SPECJ:AL ORDER 01' COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. unsworn falsification to authorities. Sec. 4904 relating to April 12, 1997 1AO;fUl)~ J tJoJJ!L~ Francis S. Hallinan, Esquire Attorney for Plaintiff 6. The following amounts are due on the mortgage: Principal Balance Interest 5/1/95 through 12/1/96 (Per Diem $8.40) Attorney's Fees Cumulative Late Charges 11/27/95 to 12/1/96 Cost of suit and Title Search Subtotal $26,656.60 4,872.00 1,332.00 186.04 550.00 33,596.64 Escrow credit Deficit Subtotal 0.00 666.43 666.43 TOTAL $34,263.07 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose has been sent to Defendant(s) by certified Mail, as required by Act 6 of 1974 of the Commonwealth of Pennsylvania on the date(s) set forth in the true and correct copy(s) of such notice(s) attached hereto as Exhibit "A." 9. Pursuant to the Fair Debt collection Practices Act, 15 U.S.C. ~ 1692 et seq, (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s) do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant(s) wi~h written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if different from above. WHEREFORE, PLAINTIFF demands Judgment against the Defendant(s) in the sum of $34,263.07, together with interest from 12/1/96 at the rate of $8.40 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. -::r ~'- ?-:.dl~~ /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~ - - C1mTIFIED MAIL Albert Peffer October 24, 1995 Page 2 up to one bour before tbe Sheriff's foreclosure sale. You .ay do so by paying tbe total amount of the unpaid monthly payments plus any late or other chsrges tben due, as Nell as the reasonable attorney's fees snd costs connected Nith the foreclosure sale (and perform any other requirements under the mortgsge). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately six (6) months from the date of this letter. A notice 01 the date of the Sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at 1-800-848-9380. This payment must be by cashier's check, certified check, or money order, and made payable to us at PO Box 349006, Columbus, 011 43234-9006. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in It. If you continue to live in the property after the Sheriff's sale, a lawsuit tould be started to evict you. ~.: You have additional rights to help protect your interest in the property. YOU IIAVE TilE RIGIIT TO SELL TIlE PROPERTY TO OBTAIN HONEY TO PAY OFF TilE HORTGAGE DEBT, OR TO BORROW HONEY FROH ANOTIIER LENDING INSTITUTION TO PAY OFF TillS DEBT, [YOU MAY IIAVE TIlE RIGIIT TO SELL OR TRANSFER TilE PROPERTY SUBJECT TO TilE MORTGAGE TO A BUYER OR TRANSFEREE WIIO WILL ASSUME TilE MORTGAGE DEBT, PROVIDED TIIAT ALL TilE OUTSTANDING PAYMENTS, CIIARGES, AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT TilE SALE, (AND TIIAT TilE OTIIER REQUIREHENTS UNDER TilE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WIIAT CIRCUMSTANCES TillS RIGIIT HIGIIT EXIST]. YOU IIAVE TilE RIGIIT TO IIAVE TillS DEFAULT CURED BY ANY TIIIRD PARTY ACTING ON YOUR BEIIALF. YOU IIAVE TilE RIGIIT TO REINSTATE AFTER ACCELERATION AND TilE RIGIIT TO ASSERT IN TilE FORECLOSURE PROCEEDING TilE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE rOU MAY IIAVE TO ACCELERATION AND FORECLOSURE~ If you cure the default, the mortgage Nill be restored to the same position as if no default had occurred. 1I0wever, you are not entitled to this right to cure your default more than three times in any calendar year. Chemical Resident Mortgage Corporation by CIIEMICAL RESIDENTIAL MORTGAGE CORPORATION, AGENT :r~~~ John DoBroka Assistant Hanager Default Loan Servicing Department C-66/JHAC.JT/TUESDAY EXHIBIT A -, -, CERTIFIED I\JAIL October 24, 1995 Anna Peffer 175 Enola Road Enola, PA 17025 RE: Loan #10-1021915757 **NOTICE OF INTENTION TO FORECLOSE MORTGAGE** The MORTGAGE held by Chemical Resident Mortgage Corporation (hereinafter we, us, or ours) 01: yo:;r prcparty ;oca~ed at 175 Enola Road, Enola, PA 17025 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $353.84 for tbe months of June, July, August, September, and October 1995. Late and other charges have also accrued to this date and equate to $165.45. The total amount now required to cure this default, or in other words, get caught up on your payments, as of the date of this letter is $ I, 934. 65 . You may cure this default Nithin THIRTY DAYS (30) of the date of this letter, by paying to us $1,934.65, plus any additional monthly payments and late charges Nhich .ay fall due during this period. Payment must be made either by cashier's check, certified check, or money order, and sent to PO Box 349006, Columbus, OH 43234-9006. If you do not cure the default within THIRTY (30) DAYS, Ne intend to eKercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the cban~e to payoff the original mortgage in monthly installments. If full payment of the amount of the default is not made within THIRTY (30) DAYS, Ne also intend to instruct our attorneys to start a laNsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property Nill be sold by the Sheriff to pay oll the mortgage debt. If we refer your cnse to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred, up to $50,00. Any attorney's fees will he added to whatever you owe us, which may also include our reasonable cosLs. If you cure the dafault Nithin tbe thirty day period, you Nill not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time EXHIB\T A -- - CERTIFIED MAIL Anna Peffer October 24, 1995 Page 2 up to one bour before tbe Sberiff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as Nell as the reasonable attorney's fees and costs connected Nith the foreclosure sale (and perform any other requirements under the .ortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately six (6) months from the date of this letter, A notice of the date of the Sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at 1-800-848-9380. This payment must be by cashier's check, certified check, or money order, and made payable to us at PO Box 349006, Columbus, OH 43234-9006. You should realize that a Sheriff's sale will nnd your ownership of the mortgaged property and your right to remaln In It. If you continue to live in the property after the Sheriff'S sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL TilE PROPERTY TO OBTAIN HOSEY TO PAY OFF TIlE HORTGAGE DEBT, OR TO BORROW HONEY FROH ANOTHER LENDIKG INSTITUTION 'CO PAY OFF THIS DEBT, [YOU HAY HAVE TIlE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUHE THE 110RTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYHENTS, CHARGES, AND ATTORNEY'S FEES AND COSTS ARE PA ID PRIOR TO OR AT THE SALE, (AND THAT THE OTHER REQUIREHENTS UNDER THE ~ORTGAGE ARE SATISFIED), CONTACT US TO DETERHINE UNDER WHAT ClRCUHSTA~CES TillS RIGHT HIGHT EXIST]. YOU HAVE TilE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN TIlE FORECLOSURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU HAY HAVE TO ACCELERATION AND FORECLOSURE. If you cure the default, the mortgage Nill be restored to tbe same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar yenr, Chemlcnl Resident Hortgage Corporation by CHEHICAL RESIDENTIAL ~ORTGAGE CORPORATION, AGENT ::rL'\1~ John DoBrokn Assistant Hnnager Default l,oan Servicing Department C-66/JHAC.JT/TUESDAY eXHIB\T A ~ ( k. i o CHASE CERTIFIED :\I Al I. Larry E. Eckert September 16. 1996 Page 2 ri~he eo cure ehe defaule and prevene ehe sale ae ang eime up eo one hour before ehe Sheriff's foreclosure sale. You mag do so bg pagin~ ehe eoeal amount of ehe unpaid monehlg pagmenes plus ang laee or oeher char~es ehen due, as we12 dE the reasonable d~torne~"'5 tees and costs connected with the foreclosure sale (and perform ang other re~iremenes under ehe mort~a~e). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately six {6J months from the date of this letter. A notice of the date of the Sheriff's sale will be sent to you before the sale. Of course. the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at 1-800-848-9380. This payment must be by cashier's check. certified check. or money order. anc made payable to us at PO Box 349006. Columbus. OH 43234-9006. You should reali=e that c, Sheri:':"s sace will end your ownership of the mortgaged propert... and YfJt;: rig.:-.": t,: r~m.a:n in it. If you continue to live in the property after th~ ShE~iff'~ sa:~. a lawsuit could be started to evict you, You havo: additl.on,~: righ:.:.: to ho.=l;:. r-rc:.ec: your inter€:st in thE property YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT. OR TO BORROW MONEY FROM ANO~~ LENDING INSTITUTION TO PAY OFF THIS DEBT. [YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE Wtlu WILL ASSUME THE MORTGAGE DEBT. PROVIDED THAT ALL THE OUTSTAl'IDING F;'YMEll7S. CHARGES. AND ATTORlIEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE S~.LE. (AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED'. SDNTAS7 tiC' TS DETERMINE UNDEP WHAT CIRCUMSTANCES THIS RIGlIT MIGHT EXIST]. YOll P_WE THE R:~I;7 TO HAVE THIS DEFAULT CURED BY ANY THIRIi PARTY ACTING OIJ YOUR BEHAL:. YOU HAVE THE RIGHT TO REWSTATE AFTE.~ ACCELERATION AND THE RIGHT TO ASSERT IN 'rHE FORECLOSURE PROCEEDING THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. If gou cure tlJe default, the morcqage will be restored to the same position as if nr default had occurre~. I~~~~~~~. y~c ar~ not €ntitl~d tc ~~i~ righ: to curE your default more tha:1 thre~ times in an~' calend.ar year. ChFlSC Manilrtttatl !1')P~~!'H~c ::rp,.~,'1.:i):-. i~~ at:em~:inr. t.~ c(',llt=o"t ,: deb,:: and an\' i:1f,_~r:l;:.:'l,)lj '-i117.,t:.rl"\: \..::1. >, I":S,;': =- :- ._Z.;:.": tl\..l:;l<n~~ '":~.~;< .. --r:-' ".-:: () !,~ ~ . '," .. EXH\B\T A CERTIFIED MAIL Sandy M. Eckert September 16, 1996 Page 2 r1~bt to cure tbe default and prevent tbe sale at anv time up to one hour before the Sheriff's foreclosure sale. You mav do so bV paVing the total amount of the unpaid monthlv pavments plus anv late or other char~es then due, as well as the reasonable attornev's fees and costs connected with the foreclosure sale (and perform anv other requlrements under the mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately six (6) months from the date of this letter. A notice of the date of the Sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at 1-800-848-9380. Th:s payment must be by cashier's check. certified check, or money order. anc made payable to us at PO Box 349006. Columbus. OH 43234-9006. You should realize that a Sheriff's sa:e w::l end your ownership of the mortgaged property anc yo~: ::gh: :: :~~a:~ :n it. If you continue to live :n the property after thE She::ff r s~:~. a la~su:t could be started to eVlct yo~. You have addition&.: :-igh::.: ::'~. ~.~:;. ;:~s:~c:: Y=1.1: interes:: in trIo:::! proper:)'. 'lOC HAVE THE RIGHT TO SELL ~ PROPER:: TO OBT,;:N MONEY TO PAY OFF THE MORTGAGE DEBT. OR TO BORROW MONEY FROM ANOT}~ ~DING INSTITUTION TO PAY OFF THIS DEBT. [YOU MAY HAVE THE RIGHT TO SELL OR ~~SFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR T~NSFEREE w.~C' WILL ASSUME THE MORTGAGE DEBT. PROVIDED THAT ALL THE OUTSTANDING P~YME.~TS, C.~~~GES. AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE S;~E. (AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED;. :J~TAC~ ~~ TC DE:~~~INE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST]. YOU c.~.\r;: TIE ;;:'~~:: TC c.;VE THIS DEFAULT CURED BY ANY THIRC PARTY ACTING ON YOUR B~4;~:. YOU HAVE THE RIGHT TO REINSTATE AF7ER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDING THE NON. EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. If vou cure the default, the mortgage will be restored to the same position as if no default had occurred. Eo~e~~7. yac a:~ n0: enti~le(l tc thi~ right tc cure your default mor~ ti~a~ three :~~es in any calendar year. ChaSl~ Manhattan ~o::~~;:I.'. '~::-~'~rd::':::. :<; a~:':;":.~::rl~~ tu ccll(~ct J. debt and ;)nv lnformati:Jn t)bt()1:-..~.: '~.::.. ''':;.'"'.'<:- -: -:';-"1', ~'::';:i'.:-;': '--:~'Y"" ~,.,' ....,- 0 ,- '\ U. I..... ( /, .......~.. EXHIBIT A ... . . !'.~-: . I VERIFICATION .' Timika D. Lew18 hereby states that he/she is A8sistant Secretary of Chase ~Ianhattan Mortllabe Corporatlon mortgage servicing agent for plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. JlYLtLa- ~. j.)WtLJ Timika D. Lewis, Assistant Secretary DATE: /d.-h//Cl b I r ' n:LlERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 suite 900 Two Penn Center Plaza Philadelphia, PA 19102 12151 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION (S/B/M TO SOVRAN MORTGAGE CORPORATION) Plaintiff Attorney for Plaintiff t " COURT OF COMMON PLEAS CIVIL DIVISION vs. Cumberland County ALBERT W. PEFFER ANNA H. PEFFER LARRY E. ECKERT SANDY H. ECKERT No. 97-135 CIVIL Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: Mav 8. 1997 ;;~"t~ kivt",,<,/^- FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ORDER FOR SERVICE May 8, 1997 PROTHY. NO. 97-135 CIVIL (CUMBERLAND COUNTY) TO: SHERIFF OF CUMBERLAND COUNTY FROM: FRANK FEDERMAN, ESQUIRE SUITE 900, TWO PENN CENTER PLAZA PHILADELPHIA, PA 19102 COMPLAINT IN MORTGAGE FORECLOSURE CHASE MANHATTAN MORTGAGE CORPORATION CS/B/M TO SOVRAN MORTGAGE CORPORATION) Plaintiff vs. ALBERT W. PEFFER AND ANNA M. PEFFER LARRY E. ECKERT AND SANDY M. ECKERT Defendants PLEASl'J SERVE: LARRY E. ECKART SERVE AT: (If RD. Address must include specific instructions, also must have Apt. Number and Apt. Bldg. Number) STREET 175 ENOLA ROAD, ENOLA, PA 17025 POST OFFICE TOWNSHIP ENOT..A, PA 17025 SPECIAL INSTRUCTIONS: (Use other side if necessary) PLEASE POST THE PREMISES IN ACCORDANCE WITH TilE COURT ORDER. SERVICE WAS NOT MADE BECAUSE FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 TWO Penn Center Plaza - suite 900 Philadelphia, PA 19102 (2151 563-7000 Attorney for Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION (S/B/M TO SOVRAN MORTGAGE CORPORATION) 200 OLD WILSON BRIDGE ROAD WORTHINGTON, OH 43085-8500 VB. ALBERT W. PEFFER ANNA M. PEFFER LARRY E. ECKERT SANDY M. ECKERT 175 ENOLA ROAD ENOLA, PA 17025 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 97-135 CIVIL PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWEILhtHLASSESSME/'J'l'_ Qf-Pl>I1Ac;Efj TO THE PROTHONOTARY: Kindly enter judgment in t~vor at the Plaintiff and against ALBERT W. PEFFER AND ANNA M. PEFF~_R-AND LARRY E. ECKERT AND SANDY M. ECKERT, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 d~ys from service thereof and for Foreclosure and Sale of the mortqagecl premises, and assess Plaintiff's damages as follows: As set forth in complaint Interest - 12/1/96-8/21/97 TOTAL $34,263.07 2,217.60 $36,480.67 I hereby certify thClt (I) tilL' addl-esses of the PIClintiff and Defendant(s) are as shovm ubovL' , ..lid (~) thut notice hus been given in accordance with Rule 237.1, copy ~tt~ched. __0M~(l- - I QC-A.-iv-{v,-", FHAlIK FED~ftr:fAtl, ESQUI RE Attorney lor Plaintiff DAMAGES ARE HEREBY ASSESSED M; Ifill! L'ATEIJ. DATE: n ll(l . ex Ii \Cf\.:L.- _~(\.uxeoti..j:~..:J,{Q.Q4~ ~) , PRO PROTHY FEDERMAN AND PHELAN FRANK FEDERMAN, ESQUIRE Identification No. 12248 Two Penn center Plaza suite 900 Philadelphia, PA 19102-1799 (2151 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION (S/B/M TO SOVRAN MORTGAGE CORPORATION) Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 97-135-CIVIL vs. ALBERT W. PEFFER ANNA M. PEFFER LARRY E. ECKERT SANDY M. ECKERT Defendant(s) TO: SANDY M. ECKERT 175 ENOLA ROAD ENOLA, PA 17025 DATE OF NOTICE: AUGUST 6. 1997 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IMPORTANT NOTICE You are in default because you have failed 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 (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this 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: Cumberland County Court Administator 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 ~u~Jt\A~(v'V\. F NK FEDERMAN, ESQUIRE Attorney for Plaintiff t- o- .9 <Cl , 00 t .~ GS ?-': 0 ~ .,.. .... ..s r',: -" " -s.. ~ -;::: '1; "'. (]-' (., ~'i: ~ t-) t- 1.11-- '.'. 0 tR 1 ( )J. ( ~:~ -+ IL.", 0 (') ~ -: ,.. .:"> '.j 0- ~ 1=1 \,.- .. 3 '" C'. .., ,. ~ ~ ~ ,. <' .. ,.J E.. L_ .'-L ~ cJ " " r-- ;,j L' Co' ., "I'~.1"" Pl.~..tl'~'{I}J,~~nlJ' r~j :'!lE 'JJ~F!' _1~~~__{;Cr-lJ:!~~N PLF'l~_~~~\l!}l?~~~~'_:..-~:.'-~~_~.' -' ~ - '\ cr'::!. .P~L'~'_~_~~ ~ PPAECIPE: P;P '"PeT OF E'.ECUTION ~ Cap :ion: CHASE MANHATTAN MORTGAGE CORPORATION l (S/B/M TO SOVRAN MORTGAGI, CORPORATION) ( Confessed Judgment Other vs. F:le No. 97-135 CIVIL Alrount Due $36 ,480. 67 Interest Atty's Ccmn Costs ALBERT W. PEFFER ANNA M. PEFFER LARRY E. ECKERT SANDY M. ECKERT TO TIiE PROniOtCI'ARY Of' THE SAlD CCURT: The undersigned hereby certifies that the below does not arise out of a retail installrrent sale, contract, or account based on a confession of Judgrent, but if it does, it is based on the appropriate anginal proceedl.ng hled pursuant to Act 7 of 1966 as arrended; and for real property pursuant to Act 6 of 1974 as amended_ Issue writ of execution in the above rratter to the Sheriff of CUMBERLAND County, far debt, interest and costs ~pon :he fallowing descr1bed property of the defendant(s) ALBERT W. PEFFER, ANNA M. PEFFER LARRY E. ECKERT & SANDY M. ECKERT , t. I ! -I , , , PRAECIPE FOR A'ITJ\Clf-\E1lI' EXEx:t1rIOO Issue writ of attachment to the Sher:::: of CUMBERLAND County, far debt, interest and casts, as above, directing attacrment ag~nst the above-named garnishee(s) for the following property (if real estate, su~ply six copies of the description; supply four copies of lengthy personalty IlSt) 175 ENOLA ROAD ENOLA, PA 17025 and all other property of the defendant ( s) :n the possession, custody or control of the said garnishee ( s). (Indicate) lndex thls writ aga:nst the garnishee(s) as a lis pendens against real estate of the defendant(sl described :n the attached exhibit. Slgndture:~ /\_(d.~-1. Ii .L.Jt0\.-(~ ?rlnt Name: FRANK FEDERMAN, ESQUIRE DATE: AUGUST 21, 1997 ,~dress: 2 PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 l:~:t7..~'Y for: PlAINTIFF .,::..:,....,,: __1-:1,,15-563-7000 '. , " 12248 DESCRIPTION ALL THAT CERTAIN tract of land, with the improvements thereon erected. SITUATE in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the Westerly line of Enola Road at the distance of 60 feet measured Southwardly along the Westerly line of said Enola Road from the Southerly extremity of the arc or curve connecting the Southerly side of Dauphin Street with the Westerly side of Enola Road, and extending thence along the Westerly side of the said Enola Road, South 5 degrees 9 minutes 30 seconds West, 30 feet to a point at the center line of the partition wall between houses known as Nos. 173 and 175 Enola Road; thence North 84 degrees 5,') minutes 30 seconds West along the centerline of said partition wall and beyond, 150 feet to a point; thence North 5 degrees 9 minutes 30 seconds East, 30 feet to a point and thence South 84 degrees 50 minutes 30 seconds East, ISO feet to the place of beginning. HAVING THEREON ERECTED the Northern half of a double two story frame dwelling house, and known as No. 175 Enolol Road. TAX PARCEL NUMBER: 09-140832-274A RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Albert W. Peffer and Anna M., his wife, and Larry E. Eckert and S~dy M., his wife by Deed from lames E. Beatty and Susan L. Beatty, his wife, a/k1a Susan L. Wilbert dated 11/27/85 recorded 12/3/85 in Deed Book P-31 Page 1056, AND in the above-recited deed the third call of "thence North 5 degrees 9 minutes 30 seconds East 30 feet to a point;" was erroneously omitted, same having been corrected hereon. ' ~>-~ ~. IT; t .d. -" ,. c- ii, t1L; '. . . - @ ( " it ~ - J: I' ' ..:;,: ~l;. !~:1 c' , D LL:I' N <.l -, ~. . i.i.~ . ( ,. ; '<J ~ I.!~ ", 1- ':'J 0 0' U , ~ 0 o ~ It) C- .5 (1\ 12 ~ -4t c.J c::t: (iti1!~t-t i ~ ""B- '6- 'R "R ~ 1L -a '"R -a. 8 8~8g8~G?{;? ~ L() 0- 0- 00 00 ()O 11) to co - q!f I() rf) J .3 fff -" u.. cD 1 C-J ?1 '5 -o~ '.-1 () . u ~ 8 5? -- ....- (-; cr. ~ ~1..; - a.. .- u./'~ . <f. ( ). , --, \ ~~ ~ ._'':: , (~)\' ....., ~:} (.). :> ,"C""1 \1 I (~ <" "::.'" ~. ~. e. ,? u-' \:,1 i' Gi ':'64 .' r- '~j .._~ 0' ...J CHASE MANHATTAN MORTGIIGE COI<l'UHII'!'IUN (S/B/M TO SOVRAN MORTGAGE CUllI'UH/\'!'lUN) CUMDERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION V9. ALBERT W. PEFFER ANNA M. PEFFER LARRY E. ECKERT SANDY M. ECKERT NO. 97-135 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) CHASE MANHATTII,tU!QR'NIIGE CUHl'OHA'l'ION _IS/uI M_TQ. SOYRlIliJtORTGAGE CORPORATION) / Plaintiff in till' ..L,..ve "l'tioll, IJ)' it" ilttorney, FRANK FEDERMAN, ESQ. / sets forth ilO: ut t.IlL' Udtl' thl' l't',l('cipl' tor the Ivrit of Execution was filed the tullu'dilllj intorl11i1tion concerning the real property located at 17 5_ENQLl\ -'~OAD,_EN.oLl\, PA 17025. 1. Name and address of Ownl'r(s) or reputed Owner(s): t l. NAME LMi'J' l\lI U\-!ll ADDRESS (it address Cdllllut be rCllsonably llscertained, pl('""" 0:0 indicilt(.) ALBERT W. PEFFER 175, .EN01.IIIWl\D ENOLII,__..P'II.X~_Q25 ANNA M. PEFFER 115 ,EI'jOLII_"R911P ENOLAL PII._..1 7 0 2~ LARRY E. ECKERT ULENQLII_IW.lIP ENOLII,_. PlI._:LlQ..2J! SANDY M. ECKERT .175 ENOLII ROII[) E!JOLII, 1'A.,17..025 2. Name and ilddress ot lJell'lid,lI.t (::) ill t.lll' jUdlJl11ent: NAME LM:'l' 1\1lU\:1I ADlJHESS (i t ilddress L'lIllllut bL) recJsol1ubly ascertained, pled"" so indicate) SAME AS ABOVE 3. Name and address at eVPI'y jUdlJI11l'llt crcuitor vlhose judgment is a record lien on till' 1,,,,11 pl'upel't.)' to be sold: NAME IA::'1 1;rlul':11 AllIll,E:;S (i t iludress l:dlJllut l.Jl' 1.Pd~;Ulldbl Y dscertcJ.ined, piC',,,,,. ,;u illdicdtl') EAST PENNSBORO TOWNSHIp ~u SOU'I'Il ENQi,A_RP... ENOLlI,.1'lI_1?..Q2.s -- r-' (: (.-0;:. -, .-<-: 0' ~-; ",' ("' ) -'; td. . ~~ ()" ,".( \~: :. '-" ~:~ <:;,' " -.L' . (,J r,: N , : ;.~ Ul' , ,,'. :-~ \ ~r "Ll U, -' ~-I u... "" '. " r- ~~) CO U' () . c~ r-' >- ~"'; _":1 r:; , 1.:.1 - .:/,,'" I.' c~; \ u_ " ; \. -- ~. -~ ;;.: c;~. ?, - . ::> :..rn l~_l I N j ~.. , ~'- I ~ './':" w.- ' ' : I ~ .j i -:. '...~, l1.. L' .' ...; r-- ~-..., C- U CHASE MANHATTAN MORTGAGE CORPOHA'l'ION (S/B/M TO SOVRAN MORTGAGE CORPORA'nON) CUMBERLAND COUNTY COURT OF COMMON PLEAS VB. CIVIL DIVISION ALBERT W. PEFFER ANNA M. PEFFER LARRY E. ECKERT SANDY M. ECKERT NO. 97-135 CIVIL NOTICE OF SHERIn'.' ~ SALE .0E-_R~l\r,.-1'ROPERTY TO: ALBERT W. PEFFER ANNA M. PEFFER LARRY E. ECKERT SANDY M. ECKERT 175 ENOLA ROAD ENOLA, PA 17025 August 21, 1997 THIS NOTICE IS SENT TO YOU IN AN A'!"!'EMP'r TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL UE USED FOR THAT PURPOSE. Your house (reill estilte) dt .1.Z,!!_f;liQ!;A ROAD, ENOLA, PA 17025, is scheduled to be sold at the Sheriff's Side Oil P.ECEI1DEIL-!...lL-.JJL97 ilt 10:00 a.m. in the Cumberland County Coul.tllousv, Soutll lIilnover Street, Carlisle, PA 17013, to enforce the COUl't juJyrnent of 136,480.67 obtained by CHASE MANHATTAN MORTGAGE CO!WQRNI'IQ.N_.U!Ll!LM TO SOVRAN MORTGAGE CORPORATION) (the mortgilgee) ,ICFli nst you. NO-'l'JCE. OFoWNER' S. RIGHTE; YOU MAY BE ABLE TO PHEVEIJ'I' Tlll~: ~:ljl:HlJJ:' S SI.\U: To prevent this Sheritl ',; Sille, you must til)<e immediate action: 1. The sale will be <':un<.:elled it you pill' to the mortgagee the back payments, lilte cllarges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: i:!.J.iL~~3::29_09,,- 2. You mill' bc' dhle to ,;top till' s,lIo by tiling il petition asking the COUl't to :;t/'iJ:v 0/' opt'n the> jUdgment, if the judgment \'1"5 imp/'Ol"'/'ly L'ntl'l"l>d. You may also ask the Court to postpO/ll' till' .;..It, lot' 'Jood CaUse. 3. You mill' illso be able to ::top tile ';,Ile> through other legal proceedings. You milY need an ilttoto/ll.'Y tu ,,,""'rt yoUtO ri'lhts. The sooner you contact one, the IIlUI'" L'i1olllc'v yuu ',Ii II i10lVp at stoppinq the sale. (See notice on I""IP t'..'U UII Ilu'..' to olJtolin iln ilttorney.) YOU MAY STILL BE ABLE TO SIIVI::_ Wug.i'l(QI'~.R-'U-8Jtl;l_'iQ.lJ_lil\VE OTHER RIGHTS EVEN IF THE SH~!IT~p,Sl\.LE"DOE!L'I'l\l<F;,Y.ldtc:~ l. be sold calling If the sherif t'n Sillp to the highest bidder. (215) 563-7000. is not stopped, your property will You may find out the price bid by 2 . sale if of your You may be able to pet i t iOIl the Court to set ilS ide the the bid pr ice \'lilS 'I J'U';" I Y i lIi1dl'ljUiltl' compill"!,d to the va lue property. 3. The sale I-lill '10 t1lluuLJII uldy it Sheriff the full amount dup ill tilL' ,;,ill'. To happened, you may call (21:') '-,r,j-'/IJUU. the buyer pays the tind out if this has 4. I f the amount due lI'U"1 the lluyeI' is not pa id to the Sheriff, you will remain the O'dner of tile property ilS if the sale never happened. 5. You have the riqht to rl'main in the property until the full amount due is paid to tilL' ~;1lt'l'i1l dlld tile Sherill qives a deed to the buyer. At that time, tilt' buY','I' \'lilY l)rinCJ leCJitl proceedings to evict you. 6. You may be entitled tu .. ,;Ildn, 01 the money \1hich was paid for your house. A schedule 01 distribution of the money bid for your house will be filed by tile ~;i1erill on This schedule will state who will be receivinq that money. The money will be paid out in accordance I-lith tilis schedule unless exceptions (reasons why the proposed distribution is wrong) ilre filed with the Sheriff within ten (10) days dfter 7. You may ilh;o hilvp otl\O'lo ri<jilt,; ilnd dl'lenses, or ways of getting your home bad:, it y''"'' ,Ic't i"rll'diilu-Iy Liltl'r the sille. YOU SHOULD TAKE THIS PAPER ~U YUUH LIIWIER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFOIW OHI::, GO '1'0 OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CIIN GET LEGIIL HELP. CUMBERLIIND COUNTY COURT ADMINISTRIITOR 4th floor Cumberland County Courthouse (717) 240-G200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA l f ( REI CHASE MANHATTAN MORTGAGE CORPORATION V8. I CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION ,~ ALBERT W. PEFFER ANNA M. PEFFER LARRY E. ECKERT SANDY M. ECKERT NO. 97-135 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ss: I, FRANK FEDERMAN, ESQUIRE attorney for CHASE MANHATTAN MORTGAGE CORPORATION hereby verify that on SEPTEMBER 2. 1997 true and correct copies of the Notice of Sheriff's Sale were served by certificate of mailing to the recorded lienholder, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on SEPTEMBER 2. 1997 by first class mail and certified mail, return receipt requested, see Exhibit "B" attached hereto. DEFENDANT(S') certified mail was returned unsigned and "UNCLAIMED", see Exhibit "C" attached hereto. 'v(v,,}t '.ltC....\..-, FRA FED ERMA , ESQUIRE Attorney for Plaintiff -(,\'- DATE: November 17. 1997 ~ - :=: 't'oE. ~:.. ~ ~o!. ... - tr ~ "'..:';"0 i\.l,;{:'" ,.. ~ E ~ ... ~oe ~ ji'- '" ;;Bg ;:e .iij ~ ~ ~i It .s " ...... u ~ ~ ~" Z r! ~ u ~- ~ .. c ~ ;: ~ = 5 t:t::! Q., ~'B.E - ." ;! 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W -w 0.. a: .'r' " .' .:,.~, - --- ~~.~ - " .'l' j.!~ ~ - ~f: "C; SENDER: .Coml:IIe'O,Il'lTlIl ardlOf 2 lot Jdd,t.::lI\ol1 S.eI'vIClIS . Pflfll your n.l1TlO and addre" on tho IlNefStI of th,. !Qfm Yl IMI _ c.:afl ,olu," Itll' c.l,d "lW . Anactllhll 'orm 10 I'" hOlll "llhlt 1'T\J,~<':I' Uf !)n tho ().leI< II ~IMCO <JOtl1 mt lA'Inl,1 . n. n.lUffl nlilCttlPl WIll a.huW 10 ...nom Ihd ,lrlo,;le .....IS llull....ft.(j .1"" lroo dalu o1eIWfe..I 3, de Addressed 10. ,',1: ". :,.~. I!'. .7 J ~ ". ....' ~ ('i\. ..l /" I."!\ ., 5. Received By: (Prmt Name) ~ ',,;cJ. r 65)("' (=,;;enl) P5 FORM 3811, January 1996 I( IJ Ai C //'C /'../1 ''Z-- I also wish to receive the lollowu'lQ services tfor an eKlm feel 1. 0 Addressee's Address ~lcled Delivery Consull poslmasler for lee 4<1. Arhcle Number P 9b5 575 301 4b Service Type )( CERTIFIED B Addressees Ac1dresS (ONLY if roquesled and fee paid,) Domestic Return Receipt SENDER: . Complete rlems 1 an::l:or 2lof adc:liloonals.ervces a PrInt VOU' namu and .lddren on the f I" .-- to ~ ~ () I",s 'urrrl so IMl we can nllurn ltl<s card . Anach ItIrs Iotm 10 lho 'raP! o'lhlt ma,!poece, Of Oflll'ol! !.lack " ~\Cft dO@snot parr"" . The Return nece,pl ....,11 ~ ta ...nom tho ,11'1(:1& WIlS Ol"IVUft>d dI1d tne (jJla dl!1~ed 3. Article Addressed 10 ,or. :. . i'. I ~' .: I , , ,',',j 'I~" . I.. ..' ,I .. 1,.,,-.1 . ,.' , , .' FORM 3811, January 1996 b4,1.)C' f r:; ~"';1-,~ I also wish to receive the lallowing services (lor an extra fed: 1. 0 Addressee's Address ~lricled Deliver" Consult postmaster for fee. 4a, Article Number P 965 575 302 4b, Service Type )( CERTIFIED 7, Dal~f_~'17 P. Addressee's Address (ONLY if requested and fee fXJld,) Domestic Return Receipt Chase Manhattan Mortgage t 'orp. vs Albert W, Peller, Anna M, Peffer, I.arry E. Eckert, Sandy M, Eckert In the t 'ourt of ( 'onunouPkus of Cumberland ('ounly, Pennsylvunill Writ No, lJ7-1.l5 Civil Tellll Trevor Kent, Depuly Sheriff, who being duly sworn uccoflling 10 IIIII', SIlYS on (leloher I, 1997 at 4:20 P.M., E.D,S,T., he posted the property of Alherl W, Peifer, Annll M, Pel'lcr, 1,II1TY E. Eckert, Sandy M. Eckert at 175 Enola Hoad, ErlOla, Cumherlund ('oullly, Pennsylvllnia, with copies of Real Estate Wril, Notice, Poster and Descriplion according to law, Brian Barrick, Deputy Sheriff, who heing duly sworn according to law, says on Augusl 27, 1997 at 4:00 o'clock P,M., E,D.S.T" he served true copies of Heul htllte Wril, NOlice ullll Description in the above entitled aClion upon one of the within named delcndllnls, 10 wit: Alhert W. PelTer by making known unto Annll M. Pel'lcr Wile of Alhert W, Pel'lcr III 175 I'nolll Road, Enola, Cumherland Counly, Pennsylvania its conlenls IInd at the slime time hllnding to her personally the said true and attested copies of Ihe same. Trevor Kent, Deputy Sheriff, who heing duly sworn accoflling to lul\', SIlYS on (leloher I, I (N7 at 4:20 o'clock P,M" E.D,S.T" he served true copy of Heal hlute Postcr in Ihe uhovc enlilled action upon one of the within named delendants, to wit: Alherl W, Pel'lcr hy milking knol\'n unlo Anna M. Pcller Wile of Alhert W, Pel'lcr at 175 Enolll Homl. Enolll, t 'umhcrlllllll ('ounly, Pennsylvania, its contents and at the same time handing 10 her personally Ihc sllid Inll' and attested copy of the same. Brian !larrick, Deputy i'lheril'l: who heing duly sl\'orn according to law, Slip on August 27, 1997 at 4:00 o'clock P.M., E,D,S:r., he served lrue copies of I{cal htllle Wril, NOlice and Description in the above entitled action upon one of Ihe wilhin 1Il1ll1Cd dclcndanls, to wit: Annu M. PelTer by making known unto Anna M, Pel'lcr al 175 Enollll{olld, Enolll, ('lIIl1herlllnd County, Pennsylvania its contenls and allhe sallle lime hllnding to her pcrsonlllly the sllid Irue and attested copies of the same, Trevor Kent, Deputy Sherill: who heing duly swolllaccording 10 IIIII', SIlYS on (letoher I, 1997 at 4:20 o'clock P.M.. E.D,S:r., he served Iruc copy of I{elll hlllll'Posll'r in Ihe IIhove entitled action upon one of the within named delcndllnls, to wil: Annll M, Pcl'l..'r hy mnking known unto Anna M. Peller at 175 EllOla Hoad, Enolll, ('umlll'r1l1nd ('ounly, Pennsylvania its contents and at the same time handing to her personally the said Iruc and 1I11csled copy of the same. H. Thomas Kline, Sheriff, who heing duly sworn IIceording 10 IIII\', SIlYS Ihllt he served Ihe above Heal Estate Writ, Nolice, Posler and descriplion in the lilllowing manncr: The Sheriff mailed one of the within named delcndllnls, 10 I\'il: Alhert W, Pelkr II nUlicc ufthe pendency of the action hy regular mail 10 his last known address al 175 Enola ROlld, Enola, Pennsylvania 17025. This letter was mailed under Ihe dale of (letuher 2, I (jlJ7 and was never relurned to the Sheriff's Office. H..Thomas Kline, Sheriff, who heing duly sl\'olllllccoflling to IIIII', says Ihat he served the above Heal Estate Writ, Notice, Poster and Descriplion in the lilllul\'ing mllnner: The Sherin' mailed one of the within named delendants, 10 wit: Annll M, Pel'lcr II nOlice of the pendency of the action by regular mail to her last known addrcss III 175 I'nola Hoad, ErlOllI, Pennsylvania 17025. This leiteI' was mlliled under the dllte of (lelohcr 2, 1')'17 and was never returned to the Sheritrs (Hlice, R. Thomas Kline, Sherif!: who being duly sworn according to law, says that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed one of the within named defendants, to wit: Larry E. Eckert a notice of the pendency of the action by certified mail marked DELIVERY ONLY TO ADDRESSEE to his last known address at 175 Enola Road, Enola, Pennsylvania 17013. This Icttcr was mailcd under the date of September 29, 1997 and was returncd on Oetober I, 1997 with reason marked No forwarding order on file, Letter is hercto attachcd unopened. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed one of the within named defendants, to wit: Sandy M. Eckert a notice of the pendency of the action by certified mail marked DELIVERY ONLY TO ADDRESSEE, to her last known address at 175 Enola Road, Enola, Pennsylvania 17013. This letter was mailed under the date of September 29, 1997 and was returned on October I, 1997 with reason marked No forwarding order on file. Letter is hereto attached unopened. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed one of the within named defendants, to wit: Sandy M, Eckert a noticc of the pendency of the action by regular mail to her last known address at 175 Enola Road, Enola, Pennsylvania 17025. This letter was mailed under the date of October 3, 1997 and was returned marked Undeliverable as Addressed. No forwarding order on file. Letter is hereto attached unopened. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he served the above Real Estate Writ, Notice, Poster and description in the following manner: The Sheriff mailed one of the within named defendants, to wit: Larry E. Eckert a notice of the pendency of the action by regular mail to his last known address at 175 Enola Road, Enola, Pennsylvania 17025. This letter was mailed under the date of October 3, 1997 and was returned marked Undeliverable as Addressed, No forwarding order filed. Lettcr is hereto attached unopened. R. Thoms Kline, Sheriff, who being duly sworn according to law, says after duel and legal notice had been given according to law he exposed the within described premises at public venue or outcry at the Court House, Cumberland County, Pennsylvania, on December 10, 1997 at 10:00 O'clock AMASSED, and sold same for the sum of$ 1.00 to Attorney James Kayer for Chase Manhattan Mortgage Corporation, Its Successors and Assigns. It being the highest bid and best price received for the same Chase Manhattan Mortgage Corporation, its Successor and Assigns, being the buyer in this Execution paid to R. Thomas Kline, Sheriff, the sum of $ 5,265.06 it being bid price poundage etc. Sheriffs Costs listed below. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County Mileagc 30.00 103.24 15.00 15.00 30.00 10.00 .50 1.00 9.50 . CHASE MANHATTAN MORTGAGE CORPOl\l\'I'ION (S/B/M TO SOVRAN MORTGAGE CORPORATION) CUMBERLAND COUNTY COURT OF COMMON PLEAS , VS. CIVIL DIVISION ALBERT W. PEFFER ANNA M. PEFFER LARRY E. ECKERT SANDY M. ECKERT NO. 97-135 CIVIL NOTICE OF SHEJlIF:F-'-~_.?l\I.LQf_KE:bI;,_!,~OPERTY August 21, 1997 TO: ALBERT W. PEFFER ANNA M. PEFFER LARRY E. ECKERT SANDY M. ECKERT 175 ENOLA ROAD ENOLA, PA 17025 THIS NOTICE IS SENT TO YOU IN IIN A'l"I'EMPT TO COLLECT II DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. Your house (real estate) at J75 E~OLII ROllO. ENOLA. I'll 17025, is scheduled to be sold at the sheriff's Sale on DECEM~E:Jl 10. 1997 at 10:00 a.m. in the cumberland County CourtllOllSt2, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $36.480.67 obtained by CHASE MANHATTAN MORTGAGE CORPORIITION lEJJ!/M TO SOVRAN MORTGAGE CORPORATION) (the mortgagee) acpinst you. NOTJ...9J:_OL 9.HN E R_' LR 1; GJt'J.'.!1 YOU MAY BE ABLE TO PHEVEtIT Tljjo;_:?JlJ:kUF'S SALE To prevent this Sher iff's S<l le, you must t<lke immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, l<lte cheu"ges, costs and reasonable attorney's fees due. To find out 110'01 much you must pay, you may call: ll.l.5J...20-79.QQ..!. 2. You may be able to stop tlw s,llc uy filing a petition asking the Court to strike or open ~he judgment, if the judgment \olas impl"Opel'ly L'ntct"cd. You may also ask the Court to postpone ~hL' s;lle tal' good cause, 3. You may also be <lule to stop tile s<lle through other legal proceedings. You may need an attorney to ~~surt your rights. The sooner you contact one, the more ch~n'-'f.' yuu '''; ill h,we of stapp inq the sale. (See notice on page tllO all 11U": to olJtdin un attorney.) t t, [ YOU KAY STILL BE ABLE TO SAY~__YQU~__~RQ~E~tY AND YOQ HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S ~~LE__~Qt;LTAKf; PLACE. 1. be sold calling If the Sheriff's Sale to the hiqhest bidder. (215\ 563-7000, is not stopped, your property will You may find out the price bid by 2. sale if of your You muY be able to petition the Court to set aside the the bid price Was qrossly inadequate compared to the value property. 3. The sa Ie will qo thL'uuqh only Sheriff the full amount due in the saIL'. happened, you may call (21:i) 'jCJ-'7UUlJ. i r the buyer pays the To rind out if this has 4. I f the amount due r ,'om the Buyer is !lot pa id to the Sheriff, you will remain the o~ner of the property as if the sale never happened. f ! I -\ 5. You have the right to remain in the property until the full amount due is paid to th" Shel'iff and the Sheriff gives a deed to the buyer. At that time, till' bUYl~L- ,',a,' tJrinq legal proceedings to evict you. 6. You may be entitled to " snare of the money which was paid for your house. A schedule of dist,-ibution, f th,,;_ mO)l,!i'y. bid for your house wi 11 be fi led by the Sheri ff on I \,~ 'j 'J f. This schedule will state who will be receivinq t t money. The money will be paid out in accordance with this sche ule unless exceptions (reasons why the proposed distributiJ, is wrong) are filed with the Sheriff within ten (10) days atter -:f " h' I q ? I. 7. You may also have oth('r r iqllts ~lnd defenses, or ways of getting your home back, if you ~l't inrlcdi"tldy ~rter the sale. YOU SHOULD TAKE THIS PAPER '1'0 YOUI( LAIH EH 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 COURT ADMINISTRATOR 4th floor Cumberland County Courthouse (717) 240-6200 t r r , , I ! ! I DESCRIPTION ALL THAT CERTAIN tract of land, with the improvements thereon erected. SITUATE in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the Westerly line of Enola Road at the distance of 60 feet measured Southwardly along the Westerly line of said Enola Road from the Southerly extremity of the arc or curve connecting the Southerly side of Dauphin Street with the Westerly side of Enola Road, and extending thence along the Westerly side of the said Enola Road, South 5 degrees 9 minutes 30 seconds West, 30 feet to a point at the center line of the partition wall between houses known as Nos. 173 and 175 Enola Road; thence North 84 degrees 50 minutes 30 seconds West along the centerline of said partition wall and beyond, 150 feet to a point; thence North 5 degrees 9 minutes 30 seconds East, 30 feet to a point and thence South 84 degrees 50 minutes 30 seconds East, 150 feet to the place of beginning, HAVING THEREON ERECTED the Northern half of a double two story frame dwelling house, and known as No. 175 Enola Road. TAX PARCEL NUMBER: 09-140832-274A RECORD OWNER TITLE TO SAID PREMIS~S I~ VESTED IN Albert W. Peffer and Anna M., his wife, and Larry E. Eckert and Sandy M., hiS Wife by Deed from James E. Beatty and Susan L. Beatty, his wife, alkJa Susan L. Wilbert dated 11/27/85 recorded 12/3/85 in Deed Book P-31 Page 1056. AND in the above-recited deed the third call of "thence North 5 degrees 9 minutes 30 seconds East 30 feet to a point;" was erroneously omitted, same having been corrected hereon. ' FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 suite 900 TWo Penn Center Plaza philadelphia, PA 19102 (215) 563-7000 ~ ~ ATTORNEY FOR PLAINTIFF CHASE MANHATTAN MORTGAGE CORPORATION (S/B/M TO SOVRAN MORTGAGE CORPORATION) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION V5. ALBERT W. PEFFER l\NNA M. PEFFER LARRY E. ECKERT SANDY M. ECKEP.T NO. 97-135 CIVIL ~)t f!f~~ FRANK FEDERM N, ESQUIRE Attorney for Plaintiff CERTI FICATION FRANK attorney for the the premises are because it is: FEDERMAN, ESQUIRE, hereby verifies that he is Plaintiff in the above-captioned matter, and that not subject to the provisions of Act 91 (XX) an FHA mortgage non-owner occupied vacant Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. section 4904 relating to uns.,JOrn falsification to authorities.