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HomeMy WebLinkAbout03-1170FEDERMAN~/qD PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Chase Manhattan Mortgage Corporation : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. Douglas Loisell Stephanie L. Saylor-Loisell AND NOW, this ~ · day of Plaintiff's Motion to Make Rule Absolute, : CIVIL DIVISION : NO. 03-1170 ORDER 2004, upon consideration of it is hereby ORDERED and DECREED that the Rule entered upon Defendant(s) shall be and is hereby made absolute and Plaintiff's Petition is GRANTED and it is further ORDERED that the Prothonotary reassess the damages in this case as follows: Principal Balance Interest Amount October 1, 2002 through June 9, Per Diem $ 9.71 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections MIP/P~ NSF Fees Suspense/Misc. Credits Appraisal/BPO Escrow Credit Deficit TOTAL 2004 67,538.58 5,712.76 147.84 2,100.00 1,467.00 0.00 216.00 54.54 0.00 (0.00) 0.00 0.00 $79,363.58 Plus interest per diem from June 9, 2004 through Date of Sale percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. at six (6%) FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 j215) 563-7000 ATTORNEY FOR PLAINTIFF Chase Manhattan Mortgage Corporation : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vS. Douglas Loisell Stephanie L. Saylor-Loisell : CIVIL DIVISION : NO. 03-1170 MOTION TO MAKE RULE ABSOLUTE 2. April 26, Stephanie L. Reassessment should not be entered. attached hereto as Exhibit A. 3. The Rule to Show Cause Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: That it is the Plaintiff in this action. A Petition for Reassessment of Damages was filed with the Court on 200~4 and Rule was entered upon Defendant(s) Douglas Loisell Saylor-Loisell on April 30, 2004 to show cause why the Order for A true and correct copy of the Rule is was timely served upon all parties in accordance with the applicable Rules of Civil Procedure, and a Certification of Service is attached hereto B. 4. Defendant(s) failed to respond or otherwise plead to the Rule Returnable date of May 27, 2004. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. FEDER~N AND~ELAN, L.L.P. .. sJhJeg, Attorney for Pla~ VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Motion to Make Rule Absolute 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. ~4904 relating to unsworn falsification to authorities. DATE: June 1, 2004 Attorney for Plaint~w/ Exhibit A FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Chase Manhattan Mortgage Corporation vs. Douglas Loisell Stephanie L. Saylor-Loisell ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1170 AND NOW, this -~0 --day of 2004, a Rule is entered upon Douglas Loisell Stephanie L. Sa¥1or-Loisell, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. BY THE COURT: J4 TRUE COPY FROM RECORD in Testlmuny whereof, I here unto set my har~ Exhibit B FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquir ~'~ '~ One Penn Center Plaza, Philadelphia, PA 19102-1799~.~B' ( ls) 563-7ooo Chase Manhattan Mortgage : CO~T OF CO~ON PL~ Douglas Loisell Step.hie L. Say 1 or-Lois ell : NO. 03-11~~ CERTIFI~TION OF SER~ I, Daniel G. schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of ~a¥ 27, 2004 and a copy of Plaintiff's Petition for Reassessment of DamaGes have been sent to the individuals indicated below on May 7, 2004. Douglas Loisell Stephanie L. Saylor-Loisell 427 Fairview Avenue, Enola, PA 17025 Date: May 7, 2004 FEDE~ AND~HELAN, b.L.P Attorney for Plain~-ff FEDERMAN 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 Vo Plaintiff DOUGLAS LOISELL STEPHANIE L. SAYLOR-LOISELL 427 FAIRVIEW AVENUE ENOLA, PA 17025 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. O :g - li"16 t'o'd., 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 Loan #: 1503792064 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 AFTER 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: DOUGLAS LOISELL STEPHANIE L. SAYLOR-LOISELL 427 FAIRVIEW AVENUE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 4/28/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PATRIOT BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1609, Page 591. Said mortgage was modified as set forth in the modification agreement dated 9/6/00, in Mortgage Book No.654, Page 213. By Assignment of Mortgage recorded 6/2/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 657, Page 176. 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. The following amounts are due on the mortgage: Principal Balance Interest 10/01/2002 through 03/14/2003 (Per Diem $9.71) Attorney's Fees Cumulative Late Charges 04/28/2000 to 03/14/2003 Cost of Suit and Title Search Subtotal $67,538.58 1,602.15 1,250.00 147.84 $ 550.00 $ 71,088.57 Escrow Credit 0.00 Deficit 264.71 Subtotal $ 264.71 TOTAL $ 71,353.28 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 71,353.28, together with interest from 03/14/2003 at the rate of $9.71 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: ff'~s/Frantcis S~-I~llin~ FRANK FEDERMAN, ESQIdIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attomeys for Plaintiff M.L ti'mt c~rmin lot or parcel of land, r4tuate In ~e Bamugla at West F~J~vlew. Cuml;~rland C~.tNy, Panrl~ylvnnln, mom pmllculnrty botmcted and clBaaril:~d ns IlK-GINNING at · pairk on the northern line of Fatrview Avenue and ~ eastern llr~ of ii public ali~/; th~rlc~ in ~n nsmtm"ly dir~on alcmg ~ rt~ line of Falrvlew Avm'~e 2~ 1/2 feet, flare or bee, to a point on tim Uno runnin0 througl~ ~ ~ier of tim pn~ itlort wall of tl~e double frame dwelti~ hot~,e erected ~n pert an tl'~ lot beret:9, desctib )d nr~ In ~ Ul:X~ ti're f~t adjoining on tim Enat; tl'mne~ i.n m nnrtl'~ty dlrectJort along s;licl Ilea throu~ the said I:~tltlnn'umll ;~n8 beyc~ 150 feet to an alley;, ti'mete in a weatm ~y dimctlon mleng ~ s~ ilne of said alley' 22 1/2 feet, more ar ln~s, tn ~m alley fir ~t nkmve-muntlonncl; ~enc~ in a ~l~rly dimctian alanG ~e eastern line af s~id all; y 150 feet to t.he p~nt, the place of BEGINNING. I1AVING thereon erected ~e western half of snid clouBle frnrrm dwelling nncl being kr own ms 427 Fairvlew Aver~ue. U ~DER AND SUBJECT to any exintin9 c~ver~ts, e~neme~ts, nncroachme~ts, condiU=,$, rustdctions, and agreements affecting tl~ pmpe~. AG'I.g~4~ ~ l)~CiD,l~m~ 29, 1998, A,~D RE~:)RD~'* 1'8 CU~,~ COi~ NISC. BEING the same property which Federal National Mortgage A,ssoc:inLlo,"t, a ¢=rpomtlon, by deed dated arid recorded in the Office d the RecOrder of Oeecls In end far Cumberlm-gl County In Deed Book 160, Page 2~7, granted mid conveyed unto Terry L. ~e and Audrey F. Throne. PREMISES ON 427 FAIRVIEW AVENUE VERIFICATION JOE KOONCE hereby states that he/she is A~ta~rtt ~taln/ 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 true 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 unswom falsification to authorities. DATE: Secret SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-01170 P C©MMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS LOISELL DOUGLAS ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT LOISELL DOUGLAS unable to locate Him COMPLAINT - MORT FORE in his bailiwick. but was He therefore returns the the within named DEFENDANT , NOT FOUND , as to , LOISELL DOUGLAS BELIEVED TO BE LIVING IN A TENT BEHIND A BAR IN SANFORD, FL. HIS CELL PHONE # IS (717) 215-2470. Sheriff's Costs: Docketing 18.00 Service 10.35 Not Found 5.00 Surcharge 10.00 .00 43.35 So answ~ Sheriff of Cumberland County FEDERMAN & PHELAN 03/20/2003 Sworn and subscribed to before me this /~ day of~ ~ A.D. Pro~h6~otary ~ SHERIFF'S RETURN - REGULAR CASE NO: 2003-01170 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS LOISELL DOUGLAS ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LOISELL STEPHANIE L SAYLOR the DEFENDANT at 427 FAIRVIEW AVENUE ENOLA, PA 17025 , at 2048:00 HOURS, on the 19th day of March , 2003 by handing to STEPHANIE SAYLOR-LOISELL a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ ~ day of P~rot honot ~-y ' So Answers: R. Thomas Kline 03/20/2003 FEDERMAN & P~r By: iff FEDERMAN 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 Vo Plaintiff DOUGLAS LOISELL STEPHANIE L. SAYLOR-LOISELL 427 FAIRVIEW AVENUE ENOLA, PA 17025 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CU'MBEI~AND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURle, 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 bccn sued in Court. If you wish to defend against the claims set forth in thc following pages, you must take action within twenty (20) days after this Complaint and Notice arc served, by entering a written appearance personally or by attorney and filing in writing with thc 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 bc entered against you by thc 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 TRUE COPY FROM RECORD Testi ny i l',ef urge my / av_ 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 AFTER 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: DOUGLAS LOISELL STEPHANIE L. SAYLOR-LOISELL 427 FAIRVIEW AVENUE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 4/28/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PATRIOT BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1609, Page 591. Said mortgage was modified as set forth in the modification agreement dated 9/6/00, in Mortgage Book No.654, Page 213. By Assignment of Mortgage recorded 6/2/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 657, Page 176. 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. o The following amounts are due on the mortgage: Principal Balance Interest I0/01/2002 through 03/14/2003 (Per Diem $9.71) Attorney's Fees Cumulative Late Charges 04/28/2000 to 03/14/2003 Cost of Suit and Title Search Subtotal $67,538.58 1,602.15 1,250.00 147.84 $ 550.00 $ 71,088.57 Escrow Credit 0.00 Deficit 264.71 Subtotal $ 264.71 TOTAL $ 71,353.28 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 71,353.28, together with interest from 03/14/2003 at the rate of $9.71 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: .... FEDERMAN AND PHELAN, LLP /s/Francis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff IIEGINNING at a point off the northern lite of Fair,view Avenue and the eastern dna of l! pt~lic alley;, thence h aA easlarly direction alor~g t~e nocthem IbM of Palrvlew Aver'ce 22 1/2 feet, more c~ baa, to a p~nt o~ the Otto rur~ing thro~Gt~ tho Uae pa~ fflon w~li of the ~o~le frame dweifing bolla e{e~bad in peri on aa~ fir · a~m~tio~; ~ ~ a ~ty ~n ~ ~ ea~ l~e of ~d all~ y 150 f~t to ~e ~n~ ~ p~ of BEGINNING. HAVING the'eon emcteci the western half of said d~ul~e frame dwelling and being ~ ow~ as 427 Fair4aw Avenue. U ~iOER AND SOTMECT to arty exi3tlng covenmlt~, easement.% ~n~,s, m~l~s, and n~~ a~ ~ ~p~. BEING the same property which Federal National Mortgage Assc~eGon, a czxlx:~tlon, by deed dated aria recaedecl in tho Office et' tho Recorder o~ Deecls In and fm Cumbe~m-~ Counly in Deed Book 160, Page 257, gfanled and conveym:l uilto Ten'y I.. Th~ne and Audrey F. Thmna. PREMISES ON 427 FAIRVIEW AVENUE VERIFICATION JOE KOONCE hereby states that he/she is A~t~t S4~l'~ttlam~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 mae and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of ! 8 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: JOJ~ KOONCE A atant FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL1NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 £2 is s6L~=Z-7000 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff VS. DOUGLAS LOISELL STEPHANIE L. SAYLOR-LOISELL Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County : No. 03-1170 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate thc Civil Action in Mortgage Foreclosure with refbrcncc to the above captioned matter. Date: S_eel~tember 29 2003 /jrh, Svc Dept. FEDERMAN AND PHELAN, LLP By:~ _~ ~ EDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUI]LE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01170 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS LOISELL DOUGLAS ET AL CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LOISELL STEPHANIE L SAYLOR the DEFENDANT at 1817:00 HOURS, on the 15th day of October at 427 FAIRVIEW AVENUE 2003 ENOLA, PA 17025 STEPHANIE L SAYLOR LOISELL a true and attested copy of COMPLAINT - by handing to MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service o00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~73~ day of A.D. ~ P~othon0tary So Answers: R. Thomas Kline 10/22/2003 FEDERMAN & PHELAN v D~ty'Sheriff / SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-01170 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS LOISELL DOUGLAS ET AL R. Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named DEFENDANT LOISELL DOUGLAS unable to locate Him in his bailiwick. ,Sheriff or Deputy Sheriff, who being search and but was He therefore returns the COMPLAINT - MORT FORE , , NOT FOUND as to the within named DEFENDANT , LOISELL DOUGLAS 427 FAIRVIEW AVENUE ENOLA, PA 17025 DOUGLAS LOISELL IS BELIEVED TO BE LIVING NEAR KEY WEST FLORIDA. Sheriff's Costs: Docketing 18.00 Service 10.35 Not Found 5.00 Surcharge 10.00 .00 43.35 So answers: R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 10/22/2003 Sworn and subscribed to before me this ~{x~ day of A.D. PrOthonotary Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attomey k~r Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION VS. DOUGLAS LOISELL STEPHANIE L. LOISELL SAYLOR- COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-1170 CIVIL TERM MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Federman and Phelan, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant(s) by first class mail and certified mail to the Defendant at the last known address and mortgaged premises, located at 427 FAIRVIEW AVENUE, ENOLA, PA 17025, and in support thereof avers the following: 1. The Sheriff was unable to serve the Defendant, Douglas Loisell, at the above mentioned mortgage premises. The Sheriff was able to serve the Defendant, Stephanie L. Saylor- Loisell, at the above mentioned mortgage premises on October 15th, 2003. The Sheriff also stated that the "Douglas Loisell is believed to be living near Key West Florida", as indicated by the Sheriffs Return of Service attached hereto as Exhibit "A". 2. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant at all known addresses including the possible address ha Key West Florida. An Affidavit H:/Main Forms/motions/county.comp of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B" 3. Plaintiff has reviewed its internal records and has not been contacted by defendant as of November 14, 2003 to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the defendants, but has been unable to do so. WltEREFORE, Plaintiff respectfully requests fl:tis Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Date: November 14, 2003 Respectfully submitted, Federman and Phelan, LLP Attorney for Plainti~ Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Thomas M. Federman, Esquire H:/Main Forms/rnotions/county.comp Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hailinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attomey for Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION VS. DOUGLAS LOISELL STEPHANIE L. SAYLOR-LOISELL COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-1170 CiVIL TERM MEMORANDUM OF LAW Pa. R.C.P. 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriffs retom of"Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of conceaiment. Gonzales vs. Poli$, 238 Pa. Super. 362, 357 A.2d 580 (1976). '2qotice of intended adoption mailed to last known address requires a good faith effort to discover lhe correct address." Adootion of Walker. 468 Pa. 165, 360 A,2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, Mends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Retum of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". H:/Main Forms/motions/county.comp WltEREFORE, Plaintiff respectfully requests tiffs Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully subrm[tted, Federman and Phelan, LLP Attorney for Plaintiff By: ~ ~~ Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Thomas M. Fedem~an, Esquire Date: November 14, 2003 H:/Main Forms/motions/couniy.comp SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-01170 P COMMONTWEALTH OF PENNSYLVANIA COUlqTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS LOISELL DOUGLAS ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT LOISELL DOUGLAS but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , NOT FOUND , as to , LOISELL DOUGLAS 427 FAIRVIEW AVENUE ENOLA, PA 17025 DOUGLAS LOISELL IS BELIEVED TO BE LIVING NEAR KEY WEST FLORIDA. Sheriff's Costs: Docketing 18.00 Service 10.35 Not Found 5.00 Surcharge 10.00 .00 43.35 So answers: R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELJkN 10/22/2003 Sworn and subscribed to before me this day of A.D. Prothonotary EKL DATA, INC AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: File Number: Attorney Finn: Federman & Phelan Subject: Douglas Loisell Stephanie L. Saylor-Loisell Property Address 427 Fairview Avenue Enola, PA 17025 Last Known Address: 427 Fairview Avenue Enola, PA 17025 Current Address: As of November 10, 2003 427 Fairview Avenue Enola, PA 17025 Last Known Number: non-published Anne M. Cook, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of researcher for EKL DATA, 1NC. 2. On November 10, 2003, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: Credit Information A. Social Security Number Our search verified the following to be true and correct: 1. Douglas Loisell: 051-34-9447 2. Stephanie L. Saylor-Loisell: 182-46-1828 Employment Search: Douglas Loisell and Stephanie L. Saylor-Loisell - A review of the credit report provided no employment information. Inquiry of Creditors: The creditors indicated that Douglas Loisell and Stephanie L. Saylor-Loisell reside at: 427 Fairview Avenue, Enola, PA 17025. II. Inquiry of Telephone Company A. Directory Assistance Search: On November 10, 2003 our office contacted directory assistance, which indicated that the mortgagors' telephone number is non-published at 427 Fairview Avenue, Enola, PA 17025. The Telephone Company indicated that the telephone number is registered to Douglas Loisell. III. Inquiry of Neighbors Our office, using an Internet database that supplies neighboring telephone numbers, contacted the mortgagors' neighbor, Mrs. Bair at 421 Fairview Avenue, Enola, PA 17025 with the phone number of 717 732-1487 on November 10, 2003 and attempted to verify with her that the above-mentioned mortgagors do reside at 427 Falrview Avenue. She stated that the above-mentioned mortgagor #1 is not at the residence now, but the above-mentioned mortgagor #2 is still residing at the residence. She furtber stated that mortgagor #1 had went to Florida for a while but has since been back but he is aot at the property address and she does not know where he is. She also stated that mortgagor # 2 is wanting to sell the property and move across the street. EKL DATA, INC AFFIDAVIT OF GOOD FAITH INVESTIGATION IV. VI. Inquiry of Post Office A. National Address Update: Our inquiry with the National Address database on November 10, 2003 indicates that the following is correct: Douglas Loisell and Stephanie L. Saylor-Loisell- 427 Fairview Avenue, Enola, PA 17025. Additional Active Mailing Addresses Our research has not located any other additional mailing addresses for the above- mentioned mortgager. Inquiry of DMV Per the Pennsylvania Department of Motor Vehicles Douglas Loisell and Stephanie L. Saylor- Loisell have identification registrations with the state. Other Inquiries A. Death Records: As of August 2003, there is no record for the above-.mentioned mortgagers or mortgagers' social security numbers on file with the Social Security Death Index. B. Public Licenses None Found County Voter Registration: On November 10, 2003, our office, using a database, of all registered voters in the state of Pennsylvania, confirmed that the county doesn't have Douglas Loisell and doesn't have Stephanie L. Saylor-Loisell listed as a registered voter with an address of 427 Fairview Avenue, Enola, PA 17025. D. D.O.B.: Douglas Loisell: 9/10/195 Stephanie L. Saylor-Loisell: E. Miscellaneous Information None The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. I hereby verify that the statements made heroin are tree and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~ffiant Anne M. Cook Subscribed and sworn before me on November 10, 2003. ,/ ~q ota~' Public El en K. Lewis. Notary Public Havcrford Twp., Delaware Coun!y ~ ] My Commission Expires Apr 17 200 N, ember, Pennsyk, ania AssodatJo~ of Nc~rk~ VERIFICATION Francis S. Hallinan, Esquire, hereby states that he is tire Attomey for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF 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. Sec. 4904 relating to unswom falsification to authorities. Date: November 14, 2003 Respectfully submitted, Federman and Phelan, LLP Attorney for Pl~dn,~f Francis S. Hallinan, Esquire H:/Main Forms/motions/couniy.comp Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION Vs. DOUGLAS LOISELL STEPHANIE L. SAYLOR- LOISELL Attorney for Plaintiff COURT OF COMMON PLEAS CiVIL DIVISION CUMBERLAND COUNTY NO. 03-1170 CIVIL TERM CERTIFICATION OF SERVICE I, Francis S. Hallinan, Esquire, hereby certify that a copy of the foregoing Motion for Service Pursuant to Special Order of Court has been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. DOUGLAS LOISELL at: 427 FAIRVIEW AVENUE ENOLA, PA 17025 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: November 14, 2003 Respectfully snbmitted, Federman and Phelan, LLP Attorney for elainfifJ~ .~ Francis S. Hallinan, Esquire H:/Main Forms/motions/county.comp FEDERMAN AND PHELAN, LLP 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 Plaintiff VS. DOUGLAS LOISELL STEPHANIE L. SAYLOR-LOISELL Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County No. 03~1170 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: November 14, 2003 FEDERMAN AND PHELAN, LLP By: LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff /jrh, Svc Dept. Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attomey for Plaintiff NOV 20D3 CHASE MANHATTAN MORTGAGE CORPORATION COURT OF COMMON PLEAS VS. DOUGLAS LOISELL STEPHANIE L. SAYLOR- LOISELL C1VIL DIVISION CUMBERLAND COUNTY NO. 03-1170 CIVIL TERM ORDER AND NOW, this / ~ day of ~ ,2003, upon consideration of PlaintilTs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint, and all future pleadings, on the above captioned Defendant DOUGLAS LOISELL by: 1. First class mail to DOUGLAS LOISELL at the last known address and the mortgaged premises located at 427 FAIRVIEW AVENUE, ENOLA, PA 17025; and 2. Certified mail to DOUGLAS LOISELL at the last known address and the mortgaged promises located at 427 FAIRVIEW AVENUE, ENOLA, PA 17025. H:/Main Forms/motions/county.comp BY THE COURT:/ /' Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION VS. DOUGLAS LOISELL STEPHANIE L. LOISELL SAYLOR- COURT OFCOMMONPLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-1170 CIVIL TERM MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COIIRT Plaintiff, by its counsel, Federman and Phelan, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant(s) by first class mail and certified mail to the Defendant at the last known address and mortgaged premises, located at 427 FAIRVIEW AVENUE, ENOLA, PA 17025, and in support thereof avers the following: 1. The Sheriff was unable to serve the Defendant, Douglas Loisell, at the above mentioned mortgage premises. The Sheriff was able to serve the Defendant, Stephanie L. Saylor- Loisell, at the above mentioned mortgage premises on October 15th, 2003. The Sheriff also stated that the "Douglas Loisell is believed to be living near Key West Florida", as indicated by the Sheriffs Return of Service attached hereto as Exhibit "A". 2. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant at all known addresses including the possible address in Key West Florida. An Affidavit H:/Main Forms/motions/county.comp of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B" 3. Plaintiff has reviewed its internal records and. has not been contacted by defendant as of November 14, 2003 to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the defendants, but has been unable to do so. WItEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Date: November 14, 2003 Respectfully submitted, Federman and Phelan, LLP Attorney for Plainti/'f Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Thomas M. Federman, Esquire H:/Main Forms/motions/county.comp Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION VS. DOUGLAS LOISELL STEPHANIE L. SAYLOR-LOISELL COURT OF COMMON PLEAS C. IVIL DIVISION CUMBERLAND COUNTY NO. 03-1170 CWIL TERM MEMORANDUM OF LAW Pa. R.C.P. 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriffs retom of '~qot Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis. 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to l~st known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends trod employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". H:/Main Forms/motinns/county.comp WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Federman and Phelan, LLP Attorney for Plaintiff Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Thomas M. Federman, Esquire Date: November 14, 2003 H:/Main Forms/motions/county.comp FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (? 15) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff VS, DOUGLAS LOISELL STEPHANIE L. SAYLOR-LOISELL Defendant(s) .Attorney for Plaintaff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-1170 CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT BY MAll, PUR,~IIANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, DOUGLAS LOISELL at 427 FAIRVIEW AVENUE, ENOLA, PA 17025 on 1)eeemher l 1, 2003, in accordance with the Order of Court dated November 19, 2003. The undersigned understands that this statement is made subj eot to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: December 11,2003 f/~ttomey f~elc Plaint'iff 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 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff, DOUGLAS LOISELL STEPHANIE L. SAYLOR-LOISELL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1170 PRAECIPE FOR IN REM JUDGMENT FOR FA/LURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against DOUGLAS LOISELL and STEPHANIE L. SAYLOR-LOISELL, Defendant(s) for failure to file an Answer to Plaintiffs 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 3/15/03 to 1/20/04 TOTAL $71,353.28 $3,029.52 $74,382,80 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. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PROT V FEDERMAN AND PHELAN, LLP 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 (?15) 5fiq-7000 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff DOUGLAS LOISELL STEPHAN1E L. SAYLOR-LOISELL Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-1170 TO: DOUGLAS LOISELL 427 FA/RVIEW AVENUE ENOLA, PA 17025 DATE OF NOTICE: JANUARY 6, 2004 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.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE 1S NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTOR.NEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. FILE COPY CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP 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 (?15) ~6~-7000 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff Vs. DOUGLAS LOISELL STEPHANIE L. SAYLOR-LOISELL Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 03-1170 TO: STEPHANIE L. SAYLOR-LOISELL 427 FAIRVIEW AVENUE ENOLA, PA 17025 DATE OF NOTICE: JANUARY 6, 2004 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.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO 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 LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 j FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kenn~.e~.~Boulevard Suite 1400 Philadelphia, P~P~ ~Nl~l 814 (215) 563-700~/~e.q~2~ C~~~TAN MORTGAGE VS. DOUGLAS LOISELL STEPHAN1E L. SAYLOR-LOISELL Defendant(s) Attorney for Plaintiff AFFIDAVIT OF SERVICE OF COMPLAINT BY MAll, PI[RSIIANT TO COII'RT ORDER : COURT OF C~PLEAS CUMBERLAND COUNTY : NO. 03-1170 CIVIL , that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested to the following persons DOUGLAS LOISELL at 427 FAIRVIE~VENUE, 0 ' ' "~' ~" ' ~ ENOLA, PA 17025 on December 11, 2 03, in accordance with th._o~'~,~ dated November 19, 2003. The undersigned understands that tl~ ,h ,~ '~l~e subject to the penalties of 18 Pa. C.S. {}4904 relating to unswom falsification to authorities. Date: December 11,2003 t/ Attome~or Plaintiff Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103A1814 (215) 563-7000 Attorney for Plaintiff 2003 CHASE MANHATTAN MORTGAGE CORPORATION VS. DOUGLAS LOISELL STEPHANIE L. SAYLOR- 'LOISELL COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-1170 CIVIL TERM ORDER AND NOW, this t '/~ day of ~ ,2003, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint, and all future pleadings, on the above captioned Defendant DOUGLAS LOISELL by: 1. First class mail to DOUGLAS LOISELL at the last known address and the mortgaged premises located at 427 FAIRVIEW AVENUE, ENOLA, PA 17025; and 2. Certified mail to DOUGLAS LOISELL at the last known address and the mortgaged premises located at 427 FAIRVIEW AVENUE, ENOLA, PA 17025. H:/Maln Forms/motions/county. comp BY THE COURT:/ J. SHERIFF ' S 'CASE NO: 2003-01170 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS LOISELL DOUGLAS ET AL RETURN - REGULAR CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of. Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE LOISELL STEPHANIE L SAYLOR DEFENDANT , at 1817:00 HOURS, on the at 427 FAIRVIEW AVENUE ENOLA, PA 17025 STEPHA/~IE L SAYLOR LOISELL a was served upon the 15th day of October by handing to true and attested copy of COMPLAINT - MORT FORE together with law, , 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit o00 Surcharge 10.00 ,00 16.00 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline 10/22/2003 FEDERMAN & PHEI_JkN Z/ D~ty'Sheriff / PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, V. DOUGLAS LOISELL STEPHANIE L. SAYLOR-LOISELL Defendant(s). No. 03-1170 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 1/21/04 to JUNE 9, 2004 (per diem -$12.23) TOTAL $74,382.80 $1,724.43 and Costs $76,107.23 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 - 1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN 1o~ o~ parcel o~ lam~, s~ma~e i~ ~e t~omugh o~ W~t F'air~i~w, Cumberland BEGINNING a~ a point on the Nonhero linc of Fairview Avenue ani the Eastern line or a public alley; thertce ia an Easterly dltec~ien along the Norglen~ line o1' Faitvlew Rvenue 22 1/2 feet, more or less. to a l:~gnt on tho line i~mnin~ throt~h glo center of the [~attitioa wall of r]~ double frame dwelling house ere~tnd in part on the lot hcrelr! d~r~ibcd and in part upon the lot adjoining on the I?atst; thence in a Nortbcrly dircctio~ aloag said lilac L~'oo~h ihe said partition wall altd beyond 150 feel to an alley; thence in a Wt~slerly dirce~ion along Ibc Southern linc of said allc'y 22 If2 feet, more o~ loss, alley first abo','~-mcniloned; thence ia a Southerly dircerJou along the l~a~rn line of said alley 1-~0 to the poh~t, glo place or' bcginnieg. HAVING tl~reoa erected gl~ W¢lttrrt half of ~aid double frame dwelling and being known ~ 427 Fairview Avenue. TITLE TO ~]D PREMISES IS VI~TED IN Denglas l.oi~ll and S~anie L, Saylor-LoLsell, husband mai wife by Deed frown Tcrry L. 1Ttron~ and Audrey F. Throne. husband and wife dated 12/2~f1998 a~l r~i~ordcl;l $/212000, ~n Deed I~ok 220, Page 296. Tax Parcel #16.1050-010 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-1170 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff (s) From DOUGLAS LOISELL AND STEPHANIE L. SAYLOR-LOISELL (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 attactmaent 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 $74,382.80 L.L. $.50 Interest FROM 1/21/04 TO 6/9/04 (PER DIEM - $12.23) - $1,724.43 AND COSTS Atty's Comm % Due Prothy $1.00 AttyPaid $200.70 Other Costs Plaintiff Paid Date: JANUARY 22, 2004 (Seal) CURTIS R. LONG Prothono~_ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBRUBAN 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 3415 VISION DRIVE Plaintiff, DOUGLAS LOISELL STEPHANIE L. SAYLOR-LOISELL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1170 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin 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 DOUGLAS LOISELL is over 18 years of age and resides at, 427 FAIRVIEW AVENUE, ENOLA, PA 17025. (c) that defendant STEPHANIE L. SAYLOR-LOISELL is over 18 years of age, and resides at, 427 FAIRVIEW AVENUE, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to answorn falsification to authorities, FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center OMilitary Status Report Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940 ~(Last Name ]First Middle IBegin Date IActive Duty StatusLOISELL Currently not on Active Military Duty, based on the Social Security Number and last name provided. JAN-20-2004 06:09:33 I Service/Agency Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. Kenneth C. Scheflen, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official soume of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please send an e-mail to sscra, helpdesk~osd, penta~gon, mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https://www.dmdc.osd.mil/udpdfi/owaJsscra.prc_Select 1/20/2004 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SU/TE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, DOUGLAS LOISELL STEPHANIE L. SAYLOR-LOISELL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1170 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: (X) 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 unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, DOUGLAS LOISELL STEPHANIE L. SAYLOR-LOISELL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1170 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 thc following information concerning the real property located at, 427 FAIRVIEW AVENUE, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascerttfined, please indicate) DOUGLAS LOISELL 427 FAIRVIEW AVENUE ENOLA, PA 17025 STEPHANIE L. SAYLOR-LOISELL 427 FAIRVIEW AVENUE ENOLA, PA 17025 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. 3401 HARTZDALE DRIVE, SUITE 126 CAMP HILL, PA 17011 HOUSEHOLD REALTY CORPORATION 25 GATEWAY DRIVE, GATEWAY SQUARE SUITE 107 MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Naffle 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 427 FAIRVIEW 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 unswom falsification to authorities. January 20, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, DOUGLAS LOISELL STEPHANIE L. SAYLOR-LOISELL Defendant(s). TO: DOUGLAS LOISELL 427 FAIRVIEW AVENUE ENOLA, PA 17025 CUMBERLAND COUNTY No. 03-1170 January 20, 2004 STEPHANIE L. SAYLOR-LOISELL 427 FAIRVIEW AVENUE ENOLA, PA 17025 **THIS FIRM IS A DEBT COLLECTOR A TTEMPT1NG TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTI5 ** Your house (real estate) at, 427 FAIRVIEW AVENUE, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $74,382.80 obtained by CHASE MANHATTAN MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215} 563-7000. 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, thc more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You maybe 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 Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner 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 Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN lot or parcel oF lined, siP, mm in the Borough of West Fairview, (~mberlaml County, Penusylvama, nlore particularly bounded ~ d~:r~ed as follows: BEGINNING at a polar oil the Northern tine of Fairviw.v Avenue and the Eastern lt~ o£a public alley; thence in an Easterly direction along the Northern line or: Fairview Avenue 22 I/2 feet, mute ~r less. to a point on the line running through the center of the tmrtition wall of the double frame dwelling house erected in part on tim lot hereby des=i~ ami ia part upOn the Io~ adjoining on the East; thence ira a Northerly direclion along said line tl~rough the said partition wall and beyoml 150 feet to an alley; thence in a Westerly direction along the ~thern line of said alley ~. 1/2 feet, more or less, to the alley first above-n~emioned; thence in a Southerly direction along the Eastern ~ of said alley 150 feet to the point, the place or' beginning. }lAVING thereon erected the Western half of said double frame dwelling and being known 0.s 427 Fairview Avenue. TITLE TO SAID PREMISES IS V~TED IN l)o~glaS Loi~ll and Stephanie L. Saylor-Loisell, ht~bar~d anti wife by Deed frcnn Terry L. 'l'hro~ and Audrey F. Thole, husband and wife dated 12/29/1995 ~ t~or,,~I 5/212000, in Deed Book 220, Page 296. T~x Parcel #16-1050-010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATION VS. DOUGLAS LOISELL STEPHANIE L. SAYLOR-LOISELL ) CIVIL ACTION ) ) CIVIL DIVISION ) NO. 03-1170 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 January 23~ 2004 tree and correct copies of the Notice of SherifFs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: April 5, 2004 FRANK FEDI~RMAN, ESQUIRE Attorney for Plaintiff $ 01.500 AFFIDAVIT OF SERVICE PLAINTIFF CHASE MANHATTAN MORTGAGE CORPORATION DEFENDANT(S) STEPHANIE L. SAYLOR-LOISELL SERVE ~ LOISELL AT 427 FAIRVIEW AVENUE ENOLA, PA 17025 CUMBERLAND COUNTY PJT No. 03-1170 ACCT. #1503792064 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 9, 2004 Served and made known to S~lq '~ of Pennsylvania, in the manner described below: ~ Defendant personally served. __ Adult family member with whom Defendant(s) reside(s). Relationship is __ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. SERVED ! ~ \ \ | , Defendant, on the [~q' , Commonwealth Other: ~' ,~, a: t [~ 5 o~S5 I~ ~ Description: Age ~"~0 Height Weight /~d~'~ ~ce ~ex ff Other ~ ~ ~ ~ ' ~ ~ c~etent adul~ being duly sworn accor~g to law, depose and s~te that I persomlly h~ded a ~e ~d co~ect copy of ~e Notice of ShefiWs Sale in ~e ~er ~ set foflh here~ issued ~ ~e captioned case on ~e ~te ~d at · e ad'ess ~dicated above. Sworn to ~d subleted ~'" ~T~ ~ befm ~ ~s ~ day __ ~ .~ I L~I~ H. ~ ~ ~ . NOT SERVED On the day of ,200__, at o'clock __.i~, Defendant NOT FOUND because: __ Moved __ Unknown__ No Answer Vacant 1st Attempt: / / Time: : 2nd Attempt:_ / / Time: : 3rd Attempt: / / Time: : Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 FEDERMAN AND PHELAN BY: FRANK FEDERMAN IDENTIFICATION NO. 12248 SUITE 1400 - ONE PENN CENTER PHILADELPHIA, PA 19103 215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE MANHATTAN MORTGAGE CORPORATION VS. DOUGLAS LOISELL STEPHANIE L. SAYLOR-LOISELL CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1170 VRR IFIC A TT~3N I hereby certify that a true and correct copy of the Notice of Sheriffs Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to the following person(s) DOUGLAS LOISELL and STEPHAN1E L. SAYLOR-LOISELL on .~ at 427 FAIRVIEW AVENUE, ENOLA, PA 17025, in accordance with the Order of Court dated, November 19; 2004. The undersigned understands that this statement is made subject to the penalties of 18 PA. C.S. s4904 relating to unsworn falsificaton to authorities. FILad'¢K FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF DATE: April 8, 2004 Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hall/nan, Esq., Id. No. 62695 Dan/el G. Schmieg, Esq., Id. No: 62205 Thomas M. Fedennan, Esq., Id. No. 64068- One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff 2003 CHASE MANHATrAN MORTGAGE CORPORATION VS. DOUGLAs LOISELL STEPHANIE L. SAYLOR. 'LOISELL AND NOW, this__ / ~'~ : .- .- ORDER COURT OF COMMON PLEAS CIVIL DIVISION CUMBERL~uX/D COUNTy NO. 03-1170 CIVIL TERM' __ day of~ ~ - ----__, 2003, upon . constderation of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby' ' ORDERED and DECREED that sa/d Motion is GRANTED. It is further ORDERED and DECREED that Plaintiffmay obtain service of the Complaint, and all future pleadings, on the above captioned Defendant DOUGLAS LOISELL by: 1. First class mail to DOUGLAS LOISELL at the last known address and the a~rtgaged premises located at 427 FAIRViETM AVENUE, ENOLA, PA 17025; 2. Certified mail to DOUGLAS LOISELL at the last ~mwn address and the mortgaged premises located at 427 FAIRVIEW AVENUE, ENOLA, PA 17025. H:/Main Forms/motions/county. comp BY TH~ COURT: / / 716[] 3901 9848 172'2 8221 DOUGLAS LO'SELL 427 FAIRVIEW AVENUE ENOLA, PA 17025 SENDER: TEAM2 SPL REFERENCE: DOUGLAS I,OISELL PS Form 3800, June 2000 RETURN RECEIPT SERVICE [P~tage Certified Fee Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail NO Insurance Coverage Provided 0.~ 0.~,~, POSTMARK 0~ FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Chase Manhattan Mortgage Corporation ATTORNEY FOR PLAINTIFF : (IOMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION Douglas Loisell Stephanie L. Saylor-Loisell : NO. 03-1170 PRA~CIPE FOR RULE TO SHOW CAI~SE TO THE PROTHONOTARY: Kindly enter a Rule upon Douglas Loisell Stephanie L. Saylor-Loisell, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. Dani~l~. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Chase Manhattan Mortgage Corporation vs. Douglas Loisell Stephanie L. Saylor-Loisell ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1170 AFFIDAVIT OF SERVICE Daniel G. Schmieg, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on April 22, 2004. Douglas Loisell Stephanie L. Saylor-Loisell 427 Fairview Avenue, Enola, PA 17025 DATE: April 22, 2004 ey for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Chase Manhattan Mortgage Corporation vs. Douglas Loisell Stephanie L. Saylor-Loisell ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1170 PLAINTIFF'S PETITION FOR REASSESSMENT OF DAMAGES Plaintiff, by its Attorney, Federman. and Phelan, LLP and Daniel G. Schmieg, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter, and in support thereof avers the following: 1. This is an action in Mortgage Foreclosure in which Judgment was entered January 22, 2004 in the amount of 74,382.80. 2. A Sheriff's Sale of the mortgaged premises was postponed or stayed for the following reasons: The Defendant(s) filed a Chapter 13 Bankruptcy (~1-03-03320) on May 30, 2003. Relief was by order of court dated August 27, 2003. Granted 3. The mortgaged June 9, 2004. 4. Additional sums Defendant(s)' premises are listed for Sheriff's Sale on behalf during the time the sale was postponed or stayed, and Defendant(s) have been given credit for any payments that have been made since the judgment, if any. have been incurred or expended on As a result, the amount of damages should now read as follows: Principal Balance Interest Amount October 1, 2002 through June 9, 2004 Per Diem $9.71 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections MIP/PMI NSF Fees Suspense/Misc. Credits Appraisal/BPO Escrow Credit Deficit TOTAL 67,538.58 5,712.76 147.84 2,100.00 1,467.00 0.00 216.00 54.54 0.00 (0.00) 0.00 0.00 2,126.86 $79,363.58 5. Under the terms of the mortgage, which mortgage is recorded in the Office of the Recorder of Deeds in Book (#1609), Page (#591), Plaintiff is entitled to judgement in the amount as set forth in paragraph four herein against 'She Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess the damages as set forth above. By: _ Dan~ 1 G .~G .~S c~chmieg, Esquire Attorney for Plaintiff -2- FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Chase Manhattan Mortgage Corporation vs. Douglas Loisell Stephanie L. Saylor-Loisell ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1170 B~!F~ OF LAW IN SUPPORT 0~ PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Plaintiff and Defendant{s) Agreement, wherein Defendant(s) entered into a Promissory Note and Mortgage agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff's Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub judicia, Defendant(s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant(s) were not going to cure the default and bring the loan current, Plaintiff commenced a Mortgage Foreclosure Action. Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. ARGUMENT FOR REASSESSMENT OF DAMAGES The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation..." In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that jud9ment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa. Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortqaqe Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa. Super 1988). In Chase Home Mortqaqe, the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee "...could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage's failure to comply with the terms of the mortgage agreement..." Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the jud9ment reflect those amounts expended by the Plaintiff in protecting See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 the property. (1971). Plaintiff submits that if Plaintiff went to sale without reassessing damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, will not be detrimental whatsoever to Defendant(s) liability. Bank a reassessment of damages as it imputes no personal The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust CO., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff's Motion for Reassessment Of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff's judgnlent amount. May Term, 1986, No. 2359 (CCP PHII~. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. FEDERMAN AND pHELAN, L.L.P. By: Daniel G. Schmieg, Esquire Attorney for Plaintiff · JOSE?H JEFt'-_7.~SO~ O.~..C, EX AND O?Z~ZON_ AND NOW, '~h!s ' day of u~on co~!d~ra~ioa of Plaintiff, Fedora! fmr Recon$idera'-ion ~unc .~rc I~nc cf this Courn's O-'~-er of November £$85 a:ld ~2-.e Answer of Defe~nt~, Joseph Jefferson and Nosi,z Jefferson, ~t is hereby 'OR.D~'~ and ~ED and ~ncrc.a~c~ ~o $~,t4~.Tt. ' Because 'V~.~intiff was r~qulr:ed to accept cucr~m.t p~t£~lo~ ~a~d ~ fact ~id ~o, [t is necessary =o reas~es~ '-he ~e~t ~f d~ tha~ [nit£a![¥ ~e::e assessed after )udg~ant by default ~as entered Ln this action. Because ~efen~ant~ ha.e not' refuted ~he speci~ic amounts claimed VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true his knowledge, information and belief. The and correct to the best of undersigned understands penalties of 18 Pa. authorities. DATE: April 22, 2004 that this statement herein is made subject to the C.S. §4904 relating to unsworn falsification to Da~el G. Schmieg, Esq,[ire AttSrney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 {215) 563-7000 Chase Manhattan Mortgage Corporation ATTOPd~EY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS ,APR VS. Douglas Loisell Stephanie L. Saylor-Loisell : CIVIL DIVISION : NO. 03-1170 RULE AND NOW, this day of ~ , 2004, a Rule is entered upon Douglas Loisell Stephanie L. Saylor-Loisell, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. BY THE COURT: FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Chase Manhattan Mortgage Corporation vs. Douglas Loisell Stephanie L. Saylor-Loisell ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1170 CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of May 27, 2004 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on May 7, 2004. Douglas Loisell Stephanie L. Saylor-Loisell 427 Fairview Avenue, Enola, PA 17025 Date: May 7, 2004 FEDE ~RM~N~ AND~PHELAN, L.L.P D~niel G. Schmie~, ~ire Attorney for Plain~f FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Chase Manhattan Mortgage Corporation ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. Douglas Loisell Stephanie L. Saylor-Loisell : NO. MOTION TO MAKE RULE ABSOLUTE CIVIL DIVISION 03-1170 Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1. That it is the Plaintiff in this action. 2. A Petition for Reassessment of Damages was filed with the Court on April 26, 2004 and Rule was entered upon Defendant(s) Douglas Loisell Stephanie L. Saylor-Loisell on April 30, 2004 to show cause why the Order for Reassessment should not be entered. A true and correct copy of the Rule is attached hereto as Exhibit A. 3. The Rule to Show Cause was timely served upon all parties in accordance with the applicable Rules of Civil Procedure, and a Certification of Service is attached hereto B. 4. Defendant(s) failed to respond or otherwise plead to the Rule Returnable date of May 27, 2004. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. B~ffiel-g~. Schmieg, ES~/ Attorney for Pla~__~/ VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Motion to Make Rule Absolute 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. §4904 relating to unsworn falsification to authorities. DATE: June 1, 2004 I~A~flel ~ .~'Schmie~, Es_~ Attorney for PlaintS-- FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Chase Manhattan Mortgage Corporation vs. Douglas Loisell Stephanie L. Saylor-Loisell ATTO~/gEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF ~ON PLEAS CIVIL DIVISION NO. 03-1170 AND NOW, this -~) ~ day of , 2004, a Rule is entered upon Douglas r.oisell Stephanie L. Saylor-Loisell, Defendant(s) to show cause why the attached Order for Reassessment of Damages ~hould not be entered. BY THE COURT: Jo TRUiE COPY FROM RECORD FEDERMAN AND PHELAN, LLP. Schmieg, Esquire Atty. I.D. No. 62205 ~ OKNEY FOR PLAINTIFF One Penn Center Plaza, Philadelphia, PA 19102-1799~,_,'~¥ (215) 563-7000 Chase Marahattan Mortgage Corpo~a'~ion : CUMBERLAND COUNTY : Douglas Loisell Stephanie L. Saylor-Loisell : NO. 03-1 C~RTIFICATION OF I, Daniel Gl Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of May 27, 2004 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on May 7, 2004. Douglas Loisell Stephanie L. Saylor-Loisell 427 Fairview Avenue, Enola, PA 17025 Date: May 7, 2004 FEDERM2~ AND~HELAN, b.L.P D~niel G. Schmie~, ~m~re Attorney for Plain~a-ff 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 Chase Manhattan Mtg Coro is the grantee the same having been sold to said grantee on the 9th day of June A.D., 2004, under and by virtue of a writ Execution issued on the 22nd day of Jan, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 1170, at the suit of Chase Manhattan Mtg Corp against Douglas Loisell & Stephanie L Savlor- Loisell is duly recorded in Sheriff's Deed Book No. 263, Page 3546. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this o~,¢ day of  o~ , A.D2004 Recorder of Deeds Chase Manhattan Mortgage Corporation VS Douglas Loisell and Stephanie L. Saylor-Loisell In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-1170 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Douglas Loisell, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Douglas Loisell. Stephanie Loisell states Douglas lives in Florida, but she does not have an address for him. The post office does not have a forwarding address for the defendant. Robert Bitner, Deputy Sheriffi who being duly sworn according to law, states that on February 17, 2004 at 8:31 o'clock PM, he served a true copy of the within Real Estate Writ, Notice mad Description, in the above entitled action, upon the within named defendant, to wit: Stephanie L. Saylor-Loisell, by making known unto Stephanie L. Saylor-Loisell, personally, at 427 Fairview Ave., Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2004 at 8:00 o'clock P.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 Douglas Loisell and Stephanie L. Saylor-Loisell located at 427 Fairview Ave., Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to the within named defendant, to wit: Stephanie L. Saylor-Loisell, by regular mail to her last known address of 427 Fairview Ave., Enola PA 17025. This letter was mailed under the date of April 06, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 9, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Chase Manhattan Mortgage Corporation. It being the highest bid and best: price received for the same, Chase Manhattan Mortgage Corporation of 3415 Vision Drive, Columbus, Ohio 43219 being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of $801.96. Sheriffs Costs: Docketing $30.00 Poundage 15.72 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 23.56 Levy 15.00 Surcharge 30.00 Law Journal 251.45 Patriot News 270.97 Share of Bills 29.26 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 801.96 Sworn and subscribed to before me So Answers: This,/5'~?~day of (~ ~'"~ f,~:~,~c R. Thomas Kline, Sheriff 2004' A'D'9'/~'~Prothonotaryt~' ~ ~ BY ~O~oa~/~x Real Estat42Deputy CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, DOUGLAS LOISELL STEPHANIE L. SAYLOR-LOISELL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1170 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, 427 FAIRVIEW AVENUE, 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) DOUGLAS LOISELL 427 FAIRVIEW AVENUE ENOLA, PA 17025 STEPHANIE L. SAYLOR-LOISELL 427 FAIRVIEW AVENUE ENOLA, PA 17025 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: NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. 3401 HARTZDALE DRIVE, SUITE 126 CAMP HILL, PA 17011 HOUSEHOLD REALTY CORPORATION 25 GATEWAY DRIVE, GATEWAY SQUARE SUITE 107 MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name mad address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 427 FAIRVIEW 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 lmowledge or information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. January 20, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, V. DOUGLAS LOISELL STEPHANIE L. SAYLOR-LOISELL Defendant(s). TO: DOUGLAS LOISELL 427 FAIRV1EW AVENUE ENOLA, PA 17025 CUMBERLAND COUNTY No. 03-1170 January 20, 2004 STEPHANIE L. SAYLOR-LOISELL 427 FAIRVIEW AVENUE ENOLA, PA 17025 **THIS FIRM IS A DEBT COLLECTOR AFFEMPT1NG TO COLLECT A DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAI'PURPOSE. IF YOUHAVE PREVIOUSLYRECE1VED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOTREAFF1RMED, THIS IS NOTAND SHOULD NOTBE CONSTRUED TO BE AN ATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 427 FAIRVIEW AVENUE, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $74,382.80 obtained by CHASE MANHATTAN MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: {215) 563~7000. 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your fights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You m~y find out the price bid by calling (215'1 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner 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 evift 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 Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule tmless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed, 7. You may also have other fights and defenses, or ways of getting your home back, if you act' immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 A T ClOT BEGgiNG ~ a gOMI on fl~e No.hem lie of F~i~ Awnue ~ th~ E~¢m ~e of a ~bfic · ea~ in an ~erly ~r~ion ~ong ~ N~ ~e o~ Fairv~w Argue ~ 1/2 feet, more or to a pome on ~ ~e ~ ~h ~}e center of flw ~rtition w~ of the double franc dwelling house ereel~ in ~rt on the lot hereby d~cti~ a~ ~ part u~n the l~ adjoi~g 0n thc ~st; [here in a Northerly dir~tion alo;~ ~aid line lhroagh Ibc sam pa~ition w~ll and beyo~ 150 feet to ~ alley; lhe~e ia a W~rl~ alit<tiaa along fl~* Sou~em lin~ of ~id allo' 22 1/2 f~t, more or lean, ~ the all~ fi~ a~-mCmlo~; ~ ~ a Snut~e~ di~c~a along ~ ~m ~ of ~ ~1~ 1~ HAVIIqO ~exeoia erected The Western half of said double frame dwelling aod being .Imovra ~.s 427 Fnlrvirw Avenue. TITLF. TO SAID PREMISES 15 V~TED IN Douglas Loimll and $1~pha~ie L. Saylor-Loisull, husband and wir~. by Deed {'cmn Tcro' L, 'i]~ron~ and Aud.,~y F. Throne. husband a{M wife dated 12,/29/19~8 and rgcolxled $/2/2000, in Deed Book 220, Page .296. Tax Parcel #l,~-10:50-010 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-1170 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERiFF OF CUMBERLAND COUNTY> To satisfy the debt, interest and costs due CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff (s) From DOUGLAS LOISELL AND STEPHANIE L. SAYLOR-LOISELL (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) ~mt levied upon an subject to attachment is found in the possession of anyone other than a named garmshee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $74,382.80 L.L. $.50 Interest FROM 1/21/04 TO 6/9/04 (PER DIEM - $12.23) ~ $1,724.43 AND COSTS Atty's Comm % Due Prothy $1.00 AttyPaid $200.70 Other Costs Plaintiff Paid Date: JANUARY 22, 2004 (Seal) 1LEQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE CURTIS R. LONG Prothon~,g~_ Deputy Address: ONE PENN CENTER AT SUBRUBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Real Estate Sale # 08 On February 12, 2004 the sherifflevied upon the defendant's interest in the real property situated in East Permsboro Township, Cumberland County, PA Known and numbered as 427 Fairview Ave., Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 12, 2004 By:' .~ C 64~ ~ i '.~ ~ i ii Real Estate~Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the 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 27th day(s) of April and the 4th and 11th day(s) of May 2004. 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 !~au. phin i.n Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ................................................................................................ COPY Sworn to and su~';~"n~"~' 28th day of ~'?/O~.D. Cllyom{Harrisburg, l~3vphinCOUnly J My Commission Expires June6,2~6 J NOTAI~Y PUBLIC Member, perms¥1veniJAssocieticmotN°taries My commission expirss 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 Total $ 280.60 Publisher's Receipt for Advertising Cost ~vs Co,, publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general )wledge receipt of the aforesaid notice and publication costs and certifies that the same have THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the 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 27th day(s) of April and the 4th and 11th day(s) of May 2004. 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 [~auphin i.n Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ................................................................................................ COPY Sworn toand su~~--~28th day of ~'.20./0A~.D. S A L E .~8 ~erry L Russell, Notory Public .... sbur Oeu hinCounty ] .,._.....,~......;-,~, ,~.v - I ,Cit~_ or Ham. r.g. p'nlne6 2~;)6~ NOTAI~Y PUBLIC INty ~.ommisaon ~plres ~ . ,~u I Mambef, Pennsylvt)nlllAaaocilltlollelN°tarles 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 Total $ 280.60 Publisher's Receipt for Advertising Cost rs Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general wledge receipt of the aforesaid notice and publication costs and certifies that the same have 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 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 16, 23, 30, 2004 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. ILEAL ESTATE 8ALE NO, 8 Writ No. 2003-1170 Civil Chase Manhattan Mortgage Corporation vs. Douglas Lolsell and Stephanle L, Saylor-Lolsell Atty.: Frank Federman ALL THAT CERTAIN lot or p~rcel of land, situate in the Borough of West Fairview, a/k/a East Penns- borg Township. Cumberland Coun- ty, permsylvanla, more particularly bounded and described as foliow~: BEGINNING at a point on the Northern line of Fairview Avenue and the Eastern line of a public alley; thence in an Easterly direction along the Northern line of Fairqiew Avenue 22 1/2 feet, more or less, to a point on the line mm-Ting through the cen- ter of the partition wall of the double frame dwelling house erected in part on the lot hereby described and in part upon the lot adjoining on the East; thence in a Northerly direc- tion along said line through the said partition wall and beyond 150 feet to an alley; thence in a Westerly dlrecgon along the Southern line of said alley 22 1/2 feet, more or less, to the alley first above-mentioned: thence in a Southerly direction along the Eastern line of said alley 150 feet to the point, the place of begin- ning. HAVING thereon erected the West- em half of sald double frame dwell- ing and being known as 427 Fair- TITLE TO SAID PREMISES IS VESTED IN Douglas Loisall and Stephanle L Saylor-Loisell, husband and wife by Deed from Terry L, Throne and Audrey F. Throne, hus- band and wife dated 12/29/1998 Marie Coy~e, Editor SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 LOIS E. SNYBER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 VS. Douglas Lais¢ll and Stephanie L Saylor-Loisell Arty,: Frank Federman ALL THAT CERTAIN lot or parcel of land, situate in the Borough of West Fairview, a/k/a East Penns- boro Township. Cumberland Coun- ty, Penneylvania, more particularly bomaded and described as follows: BEGINNING at a point on the Northern line of Fairview Avenue and the Eastern line of a public alley; thence in an Easterly direction along the Northern line of Fairview Avenue 22 1/2 feet, more or leas, to a point on the line rnrming through the cen- ter of the partition wall of the double frame dwelling house erected in part on the lot hereby described and in part upon the lot adjoining on the East; thence in a Northerly direc- tion along said line through the said partition wall and beyond 150 feet to an alley; thence in a Westerly direction along the Southern 11~ of said alley 22 1/2 feet, more or less. to the alley first above~mentioned; thence in a Southerly direction along the Eastern line of said alley 150 feet to the point, the place of begin- ning. HAViNG thereon erected the West- ern half of said double frame dwell- lng and being known as 427 Fair~ view Avenue. TITLE TO SAID PREMISES IS VESTED IN Douglas Loisell and Stephanie L. Saylor ~Laisell, husband and wife by Deed from Terry L, Throne and Audrey F. Throne, has- band and wife dated 12/29/1998 and recorded 5/2/2000, in Deed Book 220, Page 296. Tax Parcel #11%1050-010. 30 ?ay u~ LOIS E. SNYDER, Not~ Cadisle Bom, Cumbefla My Commission Expires