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Home My WebLink About03-0888FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff JEFFREY L. FRYMOYER 312 PINEWOOD DRIVE SHIREMANSTOWN, PA 17011 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~#:3097465959 RMS IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: 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. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFYER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 The name(s) and last known address(es) of the Defendant(s) are: JEFFREY L. FRYMOYER 312 PINEWOOD DRIVE SHIREMANSTOWN, PA 17011 o who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 5/22/86 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FEDERAL SAVINGS AND LOAN ASSOCIATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 814, Page 1093. By Assignment of Mortgage recorded 2/7/91 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 393, Page 599. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2002 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: o Principal Balance Interest 10/01/2002 through 02/25/2003 (Per Diem $10.00) Attorney's Fees Cumulative Late Charges 05/22/1986 to 02/01/2003 Cost of Suit and Title Search Subtotal $36,944.84 1,480.00 1,250.00 62.13 $ 550.00 $ 40,286.97 Escrow Credit 0.00 Deficit 20.21 Subtotal $ 20.21 TOTAL $ 40,307.18 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 Sherift~s Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 40,307.18, together with interest from 02/25/2003 at the rate of $10.00 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. By: /§/Francis S. HalFmafi- - FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff All THAT CERTAIN Towrsh[p Cum~ertand of ~as% Pennsboro i~' fh~, ~ount~ of attd Com~o~. :', alta of Penn=~luan~ mo~ par~i~larl~ d~c: ib~d ~ Jblio~t'=: (50 feet ~4ide) at the southe&~.?~rn corner of Lot No. 13 on the hereinaf=~:r mentioned Plan of i.~.ts; thence along Lot No. 13 North 09 degree:~ 22 minutes 30 seconds West a distance of I40 feet to a point; tLence North 80 degrees 37 minutes 30 seconds East a distance ¢,f 20 feet to a point; ~hence by Lot No. 15 on said Plan ~ou=h 09 ~egrees 22 minu=es 30; seconds East a distance of 140 feet to a point on Queen Aven~; thence by Queen AVenue South. 80 degrees ~7 minutes 30 seconds West, a distance of 20 feet to a point, th~ .~lace of BEGINNING. HAVI~[G THEREON ERECTED a =o~nhouse known-and numbered as 97 Queen Avenue. - BEIN'3 Lot No. i4 on a F~al Subdivision Plan No. 2 for Robert D.~and Donna R. Leisenring, his wife, made January,17, 1980 and :ebruary 13, 1980 by Do p~ Raffensperger Asso=iate~ .and recorded :.n the Cumberland County Recorder's Office in Plan'BDok, 37, Page BEING the ~ame premises which MichaeI J. Rock and Barbara H. Rock, his wife, by their deed dated February 26, 1983, recorded in the Cumberland County Recorder of Deeds Office in Deed Book 'C', Volt;se 30, Page 94 on March 11, 1983, granted and conveyed unto Barbltra Hot=inger.. her husband, Grantors herein. PREMISES BEING: 97 QUEEN AVENUE VERIFICATION Ileal L. ~ hereby states that he/she is n oo~o~,,~ ~nr~r of CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action are tree and correct to the best of 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. DATE: Secmta SHERIFF'S RETURN - REGULAR CASE NO: 2003-00888 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS FRYMOYER JEFFREY L ROBERT BITNER Cumberland County,Pennsylvania, who being duly was served upon says, the within COMPLAINT - MORT FORE _ FRYMOYER JEFFREY L Sheriff or Deputy Sheriff of sworn according to law, the DEFENDANT at 1910:0q HOURS, on the ~4t~ day of March 2003 at 312 PINEWOOD DRIVE SHiREMANSTOWN, PA 17011 by handing to JEFFREY L FRYMOYER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: 18.00 Docketing 28.29 Service .00 Affidavit 10.00 Surcharge .00 56.29 Sworn and Subscribed to before me this ~ ~ _ day of ~,~ ~3 A.D. ! ~rothonot ary So Answers: R. Thomas Kline 03/25/2003 FEDERMAN & PHELAN --' ~ beputy Sheri£t FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MANHATTAN MORTGAGE : CORPORATION : CUMBERLAND COUNTY 3415 VISION DRIVE : COURT OF COMMON PLEAS COLUMBUS, OH 43219 : : CIVIL DIVISION Plaintiff, : v. : NO. 03-888-CIVIL : JEFFREY L. FRYMOYER : Defendant(s). : PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JEFFREY L. FRYMOYER and, 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 Plaintiffs damages as follows: As set forth in Complaint Interest from 2/26/03 to 4/29/03 TOTAL $40,307.18 $ 63O.OO $40,937.18 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. RANK FtED~RMAN, ESQUIRE ~ttomey fOr Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE Plaintiff, JEFFREY L. FRYMOYER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-888-CIVIL VERIFICATION OF NON-MII,ITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JEFFREY L. FRYMOYER is over 18 years of age and resides at, 312 PINEWOOD DRIVE, SHIREMANSTOWN, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. F~EDERM~xl, ESQUIRE Attomey for Plaintiff OF ExECUTION ' (MORTGAGE FORECLOSURE) pRAECIPE FOR WRIT p.ILC.P. 3180-3183 cHASE MANHATTAN MORTGAGE cORI, OI~TION 1,1~intiff, jEFFREY L. FRYMOYER Defendant(s)' No. 03.888-cIVIL TO THE DIRECTOR OF THE OFFICE OF TIlE PROTIIONOTAKY: Issue writ of execution in the above matter: Amount Due Interest from 4/30/03 to 9/3/03 (per diem _$6.73) $40,937.15 $ 854.71 and Costs $41,79139 TOTAL 1617 John F. Kennedy Boulevard, Suite 1400 philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.NO. ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Northern side of Queen Avenue (50 feet wide) at the Southeastern corner of Lot No. 13 on the hereinafter mentioned Plan of Lots; thence along Lot No. 13 North 09 degrees 22 minutes 30 seconds West a distance of 140 feet to a point; thence North 80 degrees 37 minutes 30 seconds East a distance of 20 feet to a point; thence by Lot No. 15 on Said Plan South 09 degrees 22 minutes 30 seconds East a distance of 140 feet to a point on Queen Avenue; thence by Queen Avenue South 80 degrees 37 minutes 30 seconds West, a distance of 20 feet to a point, the place of beginning. HAVING thereon erected a Townhouse known and numbered as 97. Queen Avenue. BEING Lot No. 14 on a Final Subdivision Plan No. 2 for Robert D. and Donna R. Leisenring, his wife, made January 17, 1980 and February 13, 1980 by D. P. Raffensperger Associates and recorded in the Cumberland County Recorder's Office in Plan Book 37, Page 98. Tax Parcel//13-1002-157 BEING KNOWN AS 97 QUEEN AVENUE, ENOLA, PA 17025. TITLE TO SAID PREMISES IS VESTED W~~ Jeffrey L. Frymoyer, single by Deed from Gerald Book 31-X, Page 61. ~"~'~ J' ~'~e~son, his wife, dated 5/22/I986 and recorded 5/22/1986 in Deed WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-888 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs duc CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff (s) From JEFFREY L. FRYMOYER, 312 PINEWOOD DRIVE, SHIREMANSTOWN, PA 17011 (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 $40,937.18 L.L. $.50 Interest FROM 4/30/03 TO 9/3/03 ~ (PER DIEM - $6.73) - $854.71 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $138.29 Other Costs Plaintiff Paid Date: MAY 7, 2003 (Seal) CURTIS R. LONG Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, JEFFREY L. FRYMOYER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-888-CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Attorney for Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, JEFFREY L. FRYMOYER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-888-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~97 QUEEN AYENUE~ ENOLA~ PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEFFREY L. FRYMOYER 312 PINEWOOD DRIVE SHIREMANSTOWN, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Nalile None Last Known Address (if address cannot be reasonably ascertained, please indicate) o Name Name and address of every other person who has any record lien on the property: Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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: Sallie Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 97 QUEEN AVENUE ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 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. April 29, 2003 DATE ~RANK F]EI~ERMAN~ ESQUIRE Attorney for Plaintiff Chase Manhattan Mortgage Corporation VS Jeffrey L. Frymoyer Bryan J. Mitchell In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-888 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Poundage 13.53 Posting Bills 15.00 Advertising 15.00 Mileage 17.94 Levy 15.00 Surcharge 20.00 Law Library .50 Prothonotary 1.00 Law Journal 270.05 Patriot News 263.20 Share of Bills 28.90 $ 690.12 paid by attorney 9/4/03 Sworn and subscribed to before me So _An~swer~; This /o ~ dayof ~ '~~ fJ~""~ C~ R. Thomas Kline, Sheriff Prothonotary Real Est,ate Deputy Real Estate Sale # 21 On May 9, 2003 the sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA known and numbered as 97 Queen Avenue, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 9, 2003 By: 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 : COUNTY OF CUMBERLAND : SS. 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 Joumai, 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 ail legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 18, 25, 2003 AUGUST 1, 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. 21 Writ No. 2003-888 Civil Chase Maxlhattan Mortgage Corporation VS. Jeffrey L. Frymoyer Arty,: Frank Federman ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvaxaa, more particularly scribed as follows: BEGINNING at a point on the Northern side of Queen Avenue (50 feet wide) at the Southeastern cot ncr of Lot No. 13 on the hereinafter mentioned PlaI1 of Lots; thence along Lot No. 13 North 09 degrees 22 minutes 30 seconds West a distance of 140 feet to a point; thence North 80 degrees 37 minutes 30 seconds East a distance of 20 feet to a point; thence by Lot No. 15 on said Plan South 09 degrees 22 minutes 30 seconds East a distance of 140 feet to a point on Queen Avenue: thence by Queen Avenue South 80 degrees 37 minutes 30 seconds West, a dis- taxme of 20 feet to a point, the place of beginning. HAVING thereon erected a Town- house known and numbered as 97 Queen Avenue. BEING Lot No. 14 on a Final Subdivision Plan No. 2 for Robert D. and Donna R. Leisenring. his wife, made January 17, 1980 and February 13, 1980 by D. P. Raffens perger Associates and recorded in the Cumberland County Recorder's Office in Plan Book 37, Page 98. /Mahe Coyne, Edity ( SWO~.4~I~TO AND SUBSCRIB&rD before me this ~ 1 day of AUGUST, 2003 ner of Lot No, 13 on the hereinafter mentioned Plan of Lots; thence along Lot No. 13 North 09 degrees 22 minutes 30 seconds West a distance of 140 feet to a point; thence North 80 degrees 37 minutes 30 seconds East a distance of 20 feet to a point; thence by Lot No. 15 on said Plan South 09 degrees 22 minutes 30 seconds East a distance of 140 feet to a point on Queen Avenue; thence by Queen Avenue South 80 degrees 87 minutes 80 seconds West. a dis- ta~ce of 20 feet to a point, the place of beginning. HAVING thereon erected a Town- house known and numbered as 97 Queen Avenue. BEING Lot No. 14 on a Final Subdivision Plan No. 2 for Robert D. and Donna R. Leisenring. his wife. made danuary 17. 1980 and February 13, 1980 by D, P. Raffens perger Associates and recorded in the Cumberland Countlz Recorder's Office in Plan Book 37. Page 98. Tax Parcel #13 1002-157. BEING KNOWN AS 97 QUEEN AVENUE, ENOLA, PA 17025. TITLE TO SAID PREMISES IS VESTED IN Jeffrey L. Frymoyer, single by Deed from Gerald W. Hot- tlnger and Barbara J, Nelson, his wife, dated 5/22/1986 and record- ed 5/22/1986 in Deed Book 31-X, Page 61. THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct 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 2gth day(s) of July and the 5th day(s} of August 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. C O P Y Sworn to ~_.~ub'scribed-' - ~befo~'It~this 13th day~Au.,,g~2003 A.D. Te~y L. Russell, ~ CityO~Hanisbu_rg, uaup~n?,~Y~ I NOTARY PUBLIC IWnber, Pennsytvan~Assocla~nO~N~es My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO,, Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 261.45 $ 1.75 $ 263.2O Publisher's Receipt for Advertising Cost 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. FEDERMAN AND PHELAN, LLP By: Frank Federman, Esquire Atty. I.D. No.: 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION VS. Plaintiff Court of Common Pleas CUMBERLAND County No. 03-888-CIVIL JEFFREY L. FRYMOYER Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT~ WITHDRAW JUDGMENT AND DISCONTINUE AND END ACTION~ WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, withdraw the judgment entered on 05/08/03 in the amount of $40,937.18 and mark this case discontinued and ended, upon payment of your costs only. Date Frank Federman Attorney for Plaintiff