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HomeMy WebLinkAbout02-5975MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 JP Morgan Chase Bank formerly known as The Chase Manhattan Bank successor by merger to Chase Bank of Texas, National Association, formerly known as Texas Commerce Bank, N.A. as Trustee and Custodian By: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. as their attorney-in-fact 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF :COURT OF COMMON PLEAS =CIVIL DIVISION Cumberland County V. Michael R. Femmer 1138 Newville Road Carlisle, PA 17013 Defendant(s) : NO. 007, 6 2? C I ? ? ! COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against y (20) the claims set forth in the following pages, you must take action within twent 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. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la Corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la Corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la Corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la Corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN /s/ Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Bank of Yorba Linda, a Division of BYL Bank Group Assignments of Record to: JP Morgan Chase Bank formerly known as The Chase Manhattan Bank successor by merger to Chase Bank of Texas, National Association, formerly known as Texas Commerce Bank, N.A. as Trustee and Custodian By: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. as their attorney-in-fact Recording Date: LODGED FOR RECORDING. 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g), The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 1138 Newville Road MUNICIPALITY/TOWNSHIP/BOROUGH: Township of North Middleton COUNTY: Cumberland DATE EXECUTED: 12/27/99 DATE RECORDED: 1/7/00 BOOK: 1591 Dnr_a_ The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said mortgage itemized below, shall be immediately due. 5• After demand, the Defendant (s) continu refuses to comply with the terms of th es to fail or e Mortgag f (a) b i e as follows: y a ling or refusing to pay the principal and i installments of nterest when due in the below; amounts indicated (b) by failing or refusing to pay other indi charges if an cated below. , y, 6. The following amounts are due on the said Mortgage as of 12/13/02: Principal of debt due and unpaid Interest at 11.99%* $65 282 93 from 7/1/02 , . to 12/13/02 (the per diem interest accruing on this debt is $21 44 . and that sum should be added each day after 12/13/02) Title Report 3, 0 Court Costs (anticipated, excluding Sheriff' .0 25500.0 0 s Sale costs) Escrow Overdraft/(Balance) 280.00 (The monthly escrow on this account is $94.00 and that sum should be added on the first of each month after 12/13/02) Late Charges 1,778.06 (monthlyy late charge of $40.70 should be added i n accordance with the terms of the note each month after 12/13/02) Other Fees Due 169.60 Pir Inspection 175.68 Prepayment Penalty 7.95 Attorneys Fees to 5% of (anticipated and actual i 3,122.37 pr ncipal) TOTAL 3.264.15 * interest rate is subject to adjustment forth in the Not $77,85.54 8 as e and Mortgage. morefully set 7. The attorney's fee set forth above are in the m conformity with ortgage documents and Pennsylvania law and will , be collected in the event of a third party purchase r at Sheriff' mortgage is reinstated i s Sale. If the pr or to the sale, reasona fees will be charged in ble attorney's accordance with the reduction provisions of Act 6 if , applicable. 8. The combined notice specified by the Homeowner's Emergency Mortgage Assistance Program, A Pennsylvania and Notice of Intention to Foreclose under Act 6 of19741haOf 1983 s been sent to each defendant, via certified and regular mail in accordance with the requirements of those acts, on the date appearing on the copy attached-hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant (s) herein in the sum of costs and attorneys fees as more fully set forth 5 in the sCointerest, mplaint, and for foreclosure and sale of the Mortgaged premises. Mark J Udren, ESQUIRE MARK UDREN & ASSOCI TES Attor ey for Plaintiff Attorney I.D. No. 04302 August 6, 2002 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help ezplain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA DERECHO A CONTINUAR IMPORTANCLA, PLIES AFECTA SU CONTENDO VIV ENDO EN SU CASA. SI NO COMPRENDE EL DE ESTA NOTIFICACION OBTENGA UNA T F*11TI ND E AEN'E LLAMANDO ESTA AGENCIA (pE SyLV A?DUCCION SER ELEGIBLE?p SIN CARGOS AL NUMERO MENCIONADO RI HOUSING "HOMED ARA UN PRESTAMO POR EL PROGRAMA BA. LLpAMADO R'NER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMR SU HIPOTECA. EXHtr IT A Page 1 of 6 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER: _Miehael IL Femmer 1138 NewviIIe Road Carlisle. PA 17013 011197073 - Bank of Yorba Linda, aivision of Bank Group _ _SM n Mortgage, Inc._ --- HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM HF,T,P V()TT ?•, FTTTTTRF A?^*"^-?..? IF YOU COMPLY WITH THE PROVISIONS OF THE EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), HOMEOWNE ELIGIBLE FOR EMERGENCY YOU MAY BE MORTGAGE ASSISTANCE: BE • IF YOUR DEFAULT HAS BEEN CAUSED BY CONTROL, CIRCUMSTANCES BEYOND YOUR • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS HOUSING FINANCE AGE ESTABLISHED BY THE TEMP RARY CTAY C)F F RFf T nCTTRF . stay of foreclosure on your mortgage for Under the Act, you are entitled to a temporary time you must arrange and attend a "fac o(face" meeting thwi'th date of of this the Notice. During counseling agencies listed at the end of this Notice. THTfi MFF.TTNC MrTe , THE NT+'XT any r... Y? - - - r nn ,.T., ecemm?, .T APATV Lnn ,-??. _ f ()NSTTM?i n RFT)TT CnT Teter 7?T., - If YOU credit counseling agencies listed at the end of this notice, the ender et may Nwith One Of the consumer you for thirty (30) days after the date of this meeting. OT take action against IlamPC, adcireccec anti telenhnne rnimher WC jiX are cet fnrth at the earl of this N Advise your lender oti=. It is only necessary to schedule one face-to-face meeting. lin?lx APPT,T('ATTnN Fn ryour intentions. reasons set forth later in this Notice (see following - Your mortgage is in default for the f specific infoation about the nature of your default.) If you have tried and are unable opresol eo this problem itith the lender, the right to apply for financial assistance you have Program. To do so, you in from the Homeowner's Emergency Mortgage Assistance Assistance Pro ust fill out sign gram Application with one of the and designated file a completed Homeowner's Emergency listed at the end of this Notice. Only consumer credit counseling agencies rhave pplicati nsf orcthe program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face- to-face meeting. Page 2 of 6 YOU M US FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY _ Available funds for emergency mortgage assistance are very limited They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NAT'TRF OF THE DF Ar'T T _ The MORTGAGE debt held by the above lender on your property located at: 1138 Newville Road Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 1?1._.___oncniv Late Char es of 3.92 for June 1.2002 throu h July 1714 ____- -- of - Other charges (explam/itemize ; -g"--?-'-- - - - Other Fees = $100.00 - - Escrow Advance = $1058.00 TOTAL Suspense Credit= {$7"8 _AMOUNT PAST DUE: - --- B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (D? nit nce ifnnt anrair ?•? L ): NLA TuF „n N .4111 T r Tn C•iiRE '? You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS ANY MORTGAGE PAYMENTS AND LATE C P R i R PLUS DAY PERIOD. P entc mnct h made +ther by rhRGES WHICH BECOME DUE DURING THE THIRTY (30) and-sent.W_ MArk i iTdren R Ace ;at 1(140 N Kinuc Hiuh? a? 4 •+ cnn C'herrv Hill Ni ORO'i4 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not ncP if nilt-applimblej: lye iF ynrr nn NnT CTTRE - If you do not cure the default within T'HIRT'Y (30) DAYS Page 3 of 6 of the date of this Notice, the lpndor intendc to Peerrice itc riuh ac 1 t means that the entire outst tc to anding balance of this debt will be This considered due immediately and you may lose g$ge? made ch mortgage in monthly installments. If full Payment of the total the within ithin to pay the THIRTY (30) DAYS, the lender also intends to instruct is attorneys to tarunt t alegal sst due is not for lnc anon vnnr mnrt action to IF THE MnRTCACF iS Ff)RFCi n4F _ t The o pay off the mortgage debt. If the lender refers your case Tto its attorneys, but youcure lthe delinquency before the lender begins legal proceedings against you,. you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If von core the defy„?} within the TT*'R7y (i01 1)AV a rennired to nav attnr.. not QT'HFR f FNiIFD n*. ,r,---- _ lender y also sue you balance and all other sums due under the The If your debt has beenrdi char ed in the unpaid principal your having reaffirmed it, then lender cannot pursue this remedy, g ankruptcy without - If yo have cured within he THIRTY (30) DAY period and foreclosure proceedings have begunu yam„ not the agbat ^t cnrP the dpfault and nr pot th cal t navinn r1. . i t r to one 17nnr hPf.,ro ?t?? at__?m, ,. __ default in the manner set forth in this notice will restore your mortgage to the same Position a had never defaulted. as if you EARi,iFQ7' p(ICSiRi F RHFRiFF'4 SAf Sheriff s Sale of the mortgaged roe -- It is estimated that the earliest date that such a Y`_ months from the date of this Notice. A notice of the actual date of he Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HSLW TC1 rn1vTACT Name of Lender/Servicer; Address: 54x0n M9ft a Services Inc. - - --? P.O. Box 161489 -- -------- Phone Number: Fort Worth TX 76161-1489 Fax Number: N A 874-9516 , ------ Contact Person: _ Customer Servic ------------- EFFECT OF SHFRiF c c . T . __ mortgaged property you should realize that a Sheriff's Sale will end your ownership of the Sale and your right to occupy it. If you continue to live in the Property , a law su it to remove you and your furnishings and other belongings could be after the Sheriffs any time. started by the lender at A44TTMP the Ti mortgage nF Mf)RTC • ryr _ You may not transfer your home to a buyer or tran assume gage debt, provided that all the outstanding payments, sferee who will are paid prior to or at the sale and that the other requirements of the charges and attorney's fees and costs mortgage are satisfied. Page 4 of 6 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. LAW OFFICES OF MARK J. UDREN /s/ Mark J. Udren, Esquire 1040 N. Kings Highway, Suite 500 Cherry Hill, NJ 08034 (856) 482-6900 Page 5 of 6 UM MAY Ai W NAU MH ? • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO DEBTBORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS . • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX (717) 541-4670 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 FAX n/a YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 Page 6 of 6 N > p N % c y o a as o izp t 2 ?? o ?? 2 o N U E o a ' w d f v c? y ro ¢ q 12 ` - U F 2 9 m C ' cc 0 ,C a ° ?? l/ a `° v a m s N m v} z m¢ c u y ci -1 El s) m L U' ? O N 0 ? 1 00 0 O d C p « m ~ T Q m p V O: N \ C) m U U J a YO N lCDL R R y N 0 w -y N ?y d y o Ep0E a y 0 UR U?•- r y m d .7 m o= !L \/Q ,F p; w m B, av>p,iat? ¢ o v E E-? (3 U::a yQ p < N N n I a d v U 2 S O N h i U p d y zg m N y Y Q U_ cf) N d E F V E R I F I C A T I O N Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Mar J. Udr n, ESQUIRE MAR J. UDREN & ASSOCIATES ? ? . ? W ?S 6` ? W © Q ?, ?. ?_,_. -. ?_ c, _? 0 SHERIFF'S RETURN - REGULAR CASE NO: 2002-05975 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK ET AL VS FEMMER MICHAEL R ET AL SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FEMMER MICHAEL R DEFENDANT the , at 1719:00 HOURS, on the 19th day of December , 2002 at 1138 NEWVILLE ROAD CARLISLE, PA 17013 by handing to CHRISTOPHER FEMMER, ADULT SON OF DEFENDANT a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this 3.td day of ??.?.a. a2 Br a2 A.D. Prottonota? So Answers: R. Thomas Kline 12/20/2002 MARK UDREN By: Deputy Sheriff MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 JP Morgan Chase Bank formerly known as The Chase Manhattan Bank successor by merger to Chase Bank of Texas, National Association, formerly known as Texas Commerce Bank, N.A. as Trustee and Custodian By: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. as their attorney-in-fact 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 V. Plaintiff Michael R. Femmer 1138 Newville Road Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF .COURT OF COMMON PLEAS :CIVIL DIVISION :Cumberland County :MORTGAGE FORECLOSURE :NO. 02-5975 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AA7D ASSEGSMFrrr OFDAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $77,858.54 Interest Per Complaint 900.48 From 12/14/02 to 1/24/03 Late charges per Complaint 40.70 From 12/14/02 to 1/24/03 Escrow payment per Complaint 24.00 From 12/14/02 to 1/24/03 TOTAL $78,893.72 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is attached hereto. Wv UDREN & ASSOCIATES dren, ESQUIRE for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDI TED DATE : it-4A). 07_ c2[ n3 ? PRO PROTHl MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County JP Morgan Chase Bank formerly known as The Chase Manhattan Bank successor by merger to Chase Bank of Texas, National Association, formerly known as Texas Commerce Bank, N.A. as Trustee and Custodian By: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. as their attorney-in-fact 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff V. Michael R. Femmer 1138 Newville Road Carlisle, PA 17013 Defendant(s) MORTGAGE FORECLOSURE NO. 02-5975 AFFIDAVIT OF NON-MILITARY SERVICE STATE OF Iv?us Jea'Sey COUNTY OF CzMC?en) SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age Residence: Employment Sworn to and subscribed before me th's d y day- 01) `6_Aj k0_r &,Duary runiio Michael R. Femmer Over 18 As captioned Unknown above me: r S.UclreJ ?.?'tie: rrJe)/r^r10%;njf•?1 Company :frill rlt S i-< &rejJ?-QSSOC . KPATEN "VEM PLUC(( NOTARY PUSUC OF MEW JERSEY C"""'" EVkSs 513112W7 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 JP Morgan Chase Bank formerly known as The Chase Manhattan Bank successor by merger to Chase Bank of Texas, National Association, formerly known as Texas Commerce Bank, N.A. as Trustee and Custodian By: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. as their attorney-in-fact Plaintiff V. Michael R. Femmer Defendant(s) DATED: January 13, 2003 TO: Michael R. Femmer 1138 Newville Road Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 02-5975 IMPORTANT NOTICE YOU ARE IN DEFAULT APPEARANCE PERSONALLY OR BY ATYOU HAVE TORNEY AND FILE IN WRITING WITHTTHE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY L OSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A AFFORD ONE, LAO TO OAT . IF NOT A WYER CANNOT R OTELEPHONE YTO E DFOLLLOW NGE OFFICE TO OFIND OUT WHERE YOU CAN GET LEGAL HELP_ LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. _ (J '69, ?? ? ? ?' ? ? ?- ? o ? 1v ,?. ?? , ?, -a„? -- -? i,,, ?> -:? .v „ _ c.? ? -.,: i = ?` _... ? ?_., _ . -'? ? ;? _?; __ (r. MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 JP Morgan Chase Bank formerly known as The Chase Manhattan Bank successor by merger to Chase Bank of Texas, National Association, formerly known as Texas Commerce Bank, N.A. as Trustee and Custodian By: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. as their attorney-in-fact 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff V. Michael R. Femmer 1138 Newville Road Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS :CIVIL DIVISION .Cumberland County MORTGAGE FORECLOSURE NO. 02-5975 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due $ B,-a9-3-72 Interest From January 25. 200-a 2,958.72 to Date of Sale Juneii 200 Per diem @$21.44 (Costs to be added) $_ MARK J. UDREN & ASSOCIATES jToMk . ren, ESQIRE RNEY FOR PLAINTFF 7 -1 v V v I (AJ O O ? ? V 1 c-) ? r r W ?J (X1 ? :a WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-5975 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK FORMERLY KNOWN AS THE CHASE MANHATTAN BANK SUCCESSOR BY MERGER TO CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, FORMERLY KNOWN AS TEXAS COMMERCE BANK, N.A. AS TRUSTEE AND CUSTODIAN BY: SAXON MORTGAGE SERVICES, INC. F/K/A MERITECH MORTGAGE SERVICES, INC. AS THEIR ATTORNEY-IN-FACT, Plaintiff (s) From MICHAEL R. FEMMER, 1138 NEWVILLE ROAD, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $78,893.72 L.L. $.50 Interest FROM 1/25/03 TO DATE OF SALE 6/11 /03 - PER DIEM @ $21.44 - $2,958.72 Atty's Comm % Due Prothy $1.00 Arty Paid $113.45 Other Costs Plaintiff Paid Date: JANUARY 27, 2003 CURTIS R. LONG Prothonot a (Seal) ta Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 Attorney for: PLAINTIFF Telephone: 856-482-6900 Supreme Court ID No. 04302 MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 JP Morgan Chase Bank formerly known as The Chase Manhattan Bank successor by merger to Chase Bank of Texas, National Association, formerly known as Texas Commerce Bank, N.A. as Trustee and Custodian By: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. as their attorney-in-fact 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 ATTORNEY FOR PLAINTIFF .COURT OF COMMON PLEAS .CIVIL DIVISION :Cumberland County MORTGAGE FORECLOSURE Plaintiff V. Michael R. Femmer 1138 Newville Road Carlisle, PA 17013 "NO. 02-5975 Defendant(s) C E R T I F I C A T E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( x ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. MARF J. UDREN & ASSOCIATES dren, ESQUIRE ATTORNEY FOR PLAINTIFF FYI cD MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 JP Morgan Chase Bank formerly known as The Chase Manhattan Bank successor by merger to Chase Bank of Texas, National Association, formerly known as Texas Commerce Bank, N.A. as Trustee and Custodian By: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. as their attorney-in-fact 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff V. Michael R. Femmer 1138 Newville Road Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS :CIVIL DIVISION :Cumberland County -MORTGAGE FORECLOSURE NO. 02-5975 AFFIDAVIT PURSUANT TO RULE 3129.1 JP Morgan Chase Bank formerly known as The Chase Manhattan Bank successor by merger to Chase Bank of Texas, National Association, formerly known as Texas Commerce Bank, N.A. as Trustee and Custodian By: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. as their attorney- in-fact, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1138 Newville Road, Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Michael R. Femmer 1138 Newville Road, Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address Same as #1 above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Sq., Carlisle, PA 17013 13 N. Hanover St., Carlisle, PA 17013 Bureau of Compliance, Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 1138 Newville Road, Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: January 24, 2003 MARK J. UDREN & ASSOCIATES VA , M r dren, ESQ. torney for Plaintiff M n+ MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 JP Morgan Chase Bank formerly known as The Chase Manhattan Bank successor by merger to Chase Bank of Texas, National Association, formerly known as Texas Commerce Bank, N.A. as Trustee and Custodian By: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. as their attorney-in-fact 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff V. Michael R. Femmer 1138 Newville Road Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF :COURT OF COMMON PLEAS .CIVIL DIVISION :Cumberland County :MORTGAGE FORECLOSURE NO. 02-5975 Defendant(s) NO?c-E--oF SHERIF'F' S SATE GF-- PR4P-ERTY TO: Michael R. Femmer 1138 Newville Road Carlisle, PA 17013 Your house (real estate) at 1138 Newville Road, Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on June 11, 2003, at 10:00 a.m. in the Commissioners Hearing Room, 2nd floor, courthouse, Carlisle, PA , to enforce the court judgment of $78,893.72, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NQTICE OF-0wNER' S__R1,GHTS VOTT IvLAV BE_ LE-T0 _ RRV-NT T a-SHE T ' 4-S_ALE To prevent this Sheriff's Sale, you must take immedia a tion• 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: _(a5-6J_-4-826_9Q0" 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU -MAX STILL_BE__ABLE-TO S&V- -Y0U_R_-PR0P-ERTY AND XOUHAVEOTHRR- R1G= F,VBK IF THZ._SHERLFT-' S-SALF?D02,S TAKF Pr ncy? 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482-6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 C7 c:? f i? l .? MARK J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF BY: Mark J. Udren ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 JP Morgan Chase Bank formerly -COURT OF COMMON PLEAS known as The Chase Manhattan :CIVIL DIVISION Bank successor by merger to -Cumberland County Chase Bank of Texas, National Association, formerly known as Texas Commerce Bank, N.A. as Trustee and Custodian By: = Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. as their = attorney-in-fact 1270 Northland Drive Suite 200 : Mendota Heights, MN 55120 - Plaintiff - V. - Michael R. Femmer 1138 Newville Road :NO. 02-5975 Carlisle, PA 17013 - Defendant (s) AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by order of Court, then pr f of compliance with said order is attached hereto as Exhibit "B" All Notices were served within the ti a lim' s set forth by Pa Rule C. P. 3129. This Affidavit is made subject to th en lt'es of 18 Pa.C.S. Section 4904 relating to unsworn falsification to tho i ie Dated: April 24, 2003 1 MAAKIJ. YDRENNASSOCIATES BY : N V Mark J. Udren, Esquire Attorney for Plaintiff MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 JP Morgan Chase Bank formerly known as The Chase Manhattan Bank successor by merger to Chase Bank of Texas, National Association, formerly known as Texas Commerce Bank, N.A. as Trustee and Custodian By: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. as their attorney-in-fact 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff V. Michael R. Femmer 1138 Newville Road Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 02-5975 DATE: February 20, 2003 .TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF BEAT, PROPERTY OWNER(S): Michael R. Femmer PROPERTY: 1138 Newvville Road, Carlisle, PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled. to be sold at the Cumberland County Sheriff's Sale on June 11, 2003, at 10:00 a.m., at the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. `?H" iI ' s co 00 v+ 41 N ' m CL 3 CD CD vr-ic CA p w = ym T CL m -n o Dn w c mNa 'cr 3 Gc O 3 M cc °;- m . ° w ao o -« r „M -n ° m m cn-i °o ? 2;9 Q r ? mm C w mo70? ?o cn ro n -M r,CA m 3 ;a w m ?c-°n g Q °D° -o m -i o ? <? -0n cpa Dm =ZOn 0 .&3 >o m r5; --1 rG) M co - m? oD m ZNm p m G w> :p° m cm 4 ao?D o N CO) C) -4 G)Z w0 n ?p m -C -0 C O C CL N C7 'D q o m ? N ? -4 0 4 m ;a N io N w ° m o m °> = m ° L o ° 0)0 -n o. ? fJ 0 fn rr a _ a 3 V:Ly ,y?- fir, O.SPQSAG? ?° ° a p ID w m a 3 G y < ? m ooh J ?i.. PL G1 A , ?- ZZ t-?72?$ m m a m o OOTO 3 3 i°m cs??m o 0 Its 0 ;a L^ - mm m a? c V O No gg° m o 7 $ b m n _c $ m ?Vt nW 0. n m ?3 os Cr 00 *3 # G 90 o ,; o?? goy . ? _ - T fA 'O' c Oo T 3 ? p A ? m fe R' -n ? W JP Morgan Chase Bank f/k/a The Chase Manhattan Bank et al VS Michael R. Femmer In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-5975 Civil Term Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on February 05, 2003 at 1:04 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Michael R. Femmer, by making known unto Chris Femmer, adult son of defendant, at 1138 Newville Rd., Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 04, 2003 at 4:10 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Michael R. Femmer located at 1138 Newville Rd., Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Michael R. Femmer, by regular mail to his last known address of 1138 Newville Rd., Carlisle, PA 17013. This letter was mailed under the date of April 4, 2003 and never returned to the Sheriff s Office. Sworn and Subscribed to Before Me' So Answers- This' Day of 7 R. Thomas Kline, Sheriff 2003, A.D. Prothonotary BY Real Estat Deputy i C ?,a C l T.? "Mft - ri rn ? oC COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which JP Morgan Chase Bank Tr/aif is the grantee the same having been sold to said grantee on the 11th day of June A.D., 2003, under and by virtue of a writ Execution issued on the 27th day of Jan, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 5975, at the suit of JP Morgan chase Bank Tr/aif against Michael R Femmer is duly recorded in Sheriff's Deed Book No. 258, Page 3527. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 15 day of , A.D. 2003 Q Off/ a " Y2ecorder of Deeds JP Morgan Chase Bank f/k/a The Chase Manhattan Bank et al VS Michael R. Femmer In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-5975 Civil Term Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on February 05, 2003 at 1:04 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Michael R. Femmer, by making known unto Chris Femmer, adult son of defendant, at 1138 Newville Rd., Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 04, 2003 at 4:10 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Michael R. Femmer located at 1138 Newville Rd., Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Michael R. Femmer, by regular mail to his last known address of 1138 Newville Rd., Carlisle, PA 17013. This letter was mailed under the date of April 4, 2003 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 11, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Mark J. Udren for JP Morgan Chase Bank, f/k/a The Chase Manhattan Bank, successor by merger to Chase Bank of Texas, National Association, fWa Texas Commerce Bank, N.A., as Trustee and Custodian by: Saxon Mortgage Services Inc. f/k/a Meritech Mortgage Services Inc., as its attorney-in-fact. It being the highest bid and best price received for the same, JP Morgan Chase Bank, f/k/a The Chase Manhattan Bank, successor by merger to Chase Bank of Texas, National Association, fWa Texas Commerce Bank, N.A., as Trustee and Custodian by: Saxon Mortgage Services Inc. f/k/a Meritech Mortgage Services Inc., as its attorney-in-fact of 1270 Northland Drive, Suite 200, Mendota Heights, MN 55120 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $758.00. Sheriffs Costs Docketing $30.00 Poundage 14.86 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 6.90 Levy 15.00 Surcharge 20.00 Law Journal 246.80 Patriot News 263.20 Share of Bills 25.24 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 758.00 Sworn and subscribed to before me This ,) ^.,,t day of 2003, R. Thomas Kline, Sheriff A.D. ?. ?yuQQi„ I f r thonotary BY jQ Iy?.Vit Real Estat eputy ?V--j MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 856-482-6900 - JP Morgan Chase Bank formerly known as The Chase Manhattan Bank successor by merger to Chase Bank of Texas, National Association, formerly known as Texas Commerce Bank, N.A. as Trustee and Custodian By: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage - Services, Inc. as their attorney-in-fact 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 ATTORNEY FOR PLAINTIFF 'COURT OF COMMON PLEAS :CIVIL DIVISION :Cumberland County MORTGAGE FORECLOSURE 1 .11, Plaintiff v. Michael R. Femmer 'NO. 02-5975 1138 Newville Road Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 JP Morgan Chase Bank formerly known as The Chase Manhattan Bank successor by merger to Chase Bank of Texas, National Association, formerly known as Texas Commerce Bank, N.A. as Trustee and Custodian By: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. as their attorney- in-fact, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning, the real property located at: 1138 Newville Road, Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Michael R. Femmer 1138 Newville Road, Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address Same as #l above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4.' Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest ?n the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Sq., Carlisle, PA 17013 Domestic Relations Section 13 N. Hanover St., Carlisle, PA 17013 Commonwealth of PA, Bureau of Compliance, Dept. 280946 Department of Revenue Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 1138 Newville Road, Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: Janwary 24, 2003 MARK J. UDREN & ASSOCIATES r dren, ESQ. torney for Plaintiff MARK J. UDREN & ASSOCIATES BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 6 82 690 ATTORNEY FOR PLAINTIFF 85 -4 - 0 JP Morgan Chase Bank formerly known as The Chase Manhattan Bank successor by merger to Chase Bank of Texas, National Association, formerly known as Texas Commerce Bank, N.A. as Trustee and Custodian By: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage Services, Inc. as their attorney-in-fact 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff V. Michael R. Femmer 1138 Newville Road Carlisle, PA 17013 Defendant(s) -COURT OF COMMON PLEAS :CIVIL DIVISION :Cumberland County -MORTGAGE FORECLOSURE NO. 02-5975 NOTICE OF SHERIFF'S SALE OF RRAT. PROPERTY TO: Michael R. Femmer 1138 Newville Road Carlisle, PA 17013 Your house (real estate) at 1138 Newville Road, Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on June 11, 2003, at 10:00 a.m. in the Commissioners Hearing Room, 2nd floor, Courthouse, Carlisle, PA , to enforce the court judgment of $78,893.72, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS yOT KAY BE ARLE TO PREVENT THIS SHERIFF'S SATE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: -L83-6- You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the_judgment .was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) - Y9U -MA_Y STI L-B-E ABLE TO SAVE Y -TDI-2RS2PERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SATE DOES TAKE PT•AC , 1. if the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-482-6900. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-482-6900. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. - A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with .the Sheriff within ten (10) days after schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home _ back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT .ONCE.. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,. GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS DE FILADELFIA Cumberland. County Bar. Association 2 Liberty Avenue - Carlisle, PA 17013 717-249-3166 800-990-9108 ALL THAT CERTAIN LOT. OF GROUND SITUATE INTHE TOWNSHIP OF NORTH-MIDDLETON, COUNTY , OF, CUMBERLAND AND STATE OF.PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS„TO WIT: BEGINNING AT-A POINT_.TN THE MIDDLE OF THE CONCRATE ROAD BETWEEN CARLISLE AND NEWVILLE;-THENCE IN _A SOUTHERLY DIRECTION 2071/2: FEET ALONG OTHER LANDS NOW OR -2PORMERLY OF RALPH F: FINKENBINDER El UX,._XNOWN AS LOT NO. 4, TO AN IRON PIN IN THE "NORTHERN LINE OF A. SIXTEEN-(16)- FEET ALLEY; THENCE AT RIGHT ANGLES ALONG SAID. -ALLEY, WEST 50 FEET TO AN IRON PIN; THENCE AT RIGHT ANGLES ALONG PROPERTY NOW OR :.;FORMERLY OF CLAIR MYERS, NORTH 2071/2 FEET. TO A-POINT IN THE MIDDLE OF THE _ AFORESAID CONCRETE ROAD;THENCE ALONG THE MIDDLER OF SAID ROAD, EAST 50 FEET TO A :POINT., THE PLACE OF BEGINNING. ,}< _ -BEING IMPROVED-WITH A ONE-STORY FRAME DWELLING KNOWN AS,NO.:1138 NEWVILLE ROAD,' _ '.-'CARISLE. TITLE:TO SAID PREMISES-IS VESTED IN MICHAEL R. FEMMER, BY DEED FROM HARVEY E. HOOVER, JR AND CAROLYN L. HOOVER, HUSBAND AND WIFE, DATED 12/27/99, RECORDED 1/7/00, IN DEED BOOK 214, PAGE 643. PROPERTY ID NO.: 2920-1792-025 BEING KNOWN AS 1138 NEWVILLE ROAD, CARLISLE, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-5975 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK FORMERLY KNOWN AS THE CHASE MANHATTAN BANK SUCCESSOR BY MERGER TO CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, FORMERLY KNOWN AS TEXAS COMMERCE BANK, N.A. AS TRUSTEE AND CUSTODIAN BY: SAXON MORTGAGE SERVICES, INC. F/K/A MERITECH MORTGAGE SERVICES, INC. AS THEIR ATTORNEY-IN-FACT, Plaintiff (s) From MICHAEL R. FEMMER,1138 NEWVILLE ROAD, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $78,893.72 L.L. $.50 Interest FROM 1/25/03 TO DATE OF SALE 6/11/03 - PER DIEM @ $21.44 - $2,958.72 Atty's Comm % Due Prothy $1.00 Atty Paid $113.45 Other Costs Plaintiff Paid Date: JANUARY 27, 2003 CURTIS R. LONG Prothonoi ?? (Seal) Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: 1040 N. KINGS HIGHWAY, SUITE 500 CHERRY HILL, NJ 08034 Attorney for: PLAINTIFF Telephone: 856-482-6900 Supreme Court ID No. 04302 Real Estate Sale # 03 On January 31, 2003 the sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA known and numbered as 1138 Newville Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 31, 2003 By: 6CL? S ,,Zth Real Estate Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 25, MAY 2, 9, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 3 Writ No. 2002-5975 Civil JP Morgan Chase Bank, f/k/a The Chase Manhattan Bank, successor by merger to Chase Bank of Texas, National Association, f/k/a Texas Commerce Bank, N.A., as Trustee and Custodian by: Saxon Mortgage Services, Inc., f/k/a Meritech Mortgage Services, Inc. as their attorney-in-fact vs. Michael R. Femmer Atty.: Mark J. Udren ALL THAT CERTAIN lot of ground situate in the Township of North Mid- dleton, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the mid- dle of the concrete road between Car- lisle and Newville; thence in a south- erly direction 207 1/2 feet along oth- er lands now or formerly of Ralph F. Finkenbinder ei ux, known as Lot -?' sa Marie Coyne ditor SWO TO AND SUB CRIBED before me this 9 day of MAY. 2003 LOIS E. &INI)ER, NOWY W* CwgsW Bom, Qnb03M Canty My Co Exams K4 5. No. 4, to an iron pin in the northern line of a sixteen (16) feet alley; thence at right angles along said alley, West 50 feet to an iron pin; thence at right angles along property now or for- merly of Clair Myers, North 207 1/2 feet to a point in the middle of the aforesaid concrete road; thence along the middlcr of said road. East 50 feet to a point, the place of Beginning. BEING improved with a one-story frame dwelling known as No. 1138 Newville Road. Carlisle.. TITLE TO SAID PREMISES IS VESTED IN Michael R. Femmer, by Deed from Harvey E. Hoover, Jr. and Carolyn L. Hoover, husband and wife, dated 12/27/99, recorded 1/7/00, in Deed Book 214, Page 643. PROPERTY ID NO.: 2920-1792- 025. BEING KNOWN AS 1138 NEW- VILLE ROAD, CARLISLE. PA 17013. 1 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of April and the 6th day(s) of May 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 1 ......... PUBLICATION ............ ............ COPY Sworn to and su is 14th day May 03 A.D. SALE #3 Nota Seal Terry L. Russell, Notary Pul ?? REAL ESTATE SALE No. 3 City Of Harrisburg, Dauphin Co Writ No. 2002-5975 My commission Expires June 6, 2006 N ARY PUBLIC CIVIITerm JP Morgan Chase Bank, f/k/ Th Ch Member, Pennsylvania Association Of NoWcommission expires June 6, 2006 a e ase Manhattan Bank Successor by merger to CUMBERLAND COUNTY SHERIFFS OFFICE Chase Bank of Texas, CUMBERLAND COUNTY COURTHOUSE National Association, f/k/a Texas Commerce Bank N.A. CARLISLE, PA. 17013 as Trustee and Custodian saxonvortgaga Statement of Advertising Costs Servicas, Inc. f/k/a Merhech Mortgage To THE PATRIOT-NEWS CO., Dr. Services, Inc. For publishing the notice or publication attached As their attorney-in-fact vs hereto on the above stated dates $ 261.45 AAtty:MlaHrkR. Femmer J n Probating same Notary Fee(s) $ 1.75 DESCRIPTION Total $ 263.20 ALL THAT CERTAIN lot of ground situate in the Township of North Middleton, County of Cumberland and State of Pennsylvania, bounded publisher's Receipt for Advertising Cost and described as follows, to wit: The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. BEGINNING at a point in the middle of the concrete road between Carlisle and Newville; By"""""'.""""""' ................................. thence in a Southerly direction 207 1/2 feet along other lands now or formerly of Ralph F. Finkenbinder El UX known as Lot No. 4, to an iron pin in the Northern line of a sixteen (16) feet alley; thence right angles along said alley, West TITLE TO SAID premises is vested in Michael R. Femmer, by deed from Harvey E. Hoover, Jr. p iron pro thence angles along 50 rfeetoperty to now or pin; formerly of at Clair right Myers, North and Carolyn L. Hoover, husband and wife, dated recorded U7/00, in Deed Book 214, 12/27/99 207 1/2 feet to a point in the middle of the , 643. page aforesaid concrete road; thence along the middle road; East'j0 feet to a point, the place of property I D No: 2920 1792-025. BEING known as 1138 Newville Road, Carlisle, BEGINNING. EGINNING B. BEING improved with a one-story frame pp 17013. dwelling known as N?,, 1138 Newville Road, Carlisle.