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Home My WebLink About03-1683FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff KAREN M. KEMPF A/K/A KAREN KEMPF 711 NORTH PITT STREET CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO.O3 - 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 fights 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 #: 1041405979NZB 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: KAREN M. KEMPF A/K/A KAREN KEMPF 711 NORTH PITI' STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 7/28/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES, LP which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1629, Page 800. By Assignment of Mortgage recorded 8/1/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 650, Page 809. 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 08/01/2002 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 07/01/2002 through 04/10/2003 (Per Diem $15.16) Attorney's Fees Cumulative Late Charges 07/28/2000 to 04/01/2003 Cost of Suit and Title Search Subtotal $61,469.50 4,305.44 1,250.00 141.68 $ 550.00 $ 67,716.62 Escrow Credit 0.00 Deficit 1,049.50 Subtotal $ 1,049.50 TOTAL $ 68,766.12 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 $ 68,766.12, together with interest from 04/10/2003 at the rate of $15.16 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: ncis S! Halllna(l~ /~/'- SQUIIL~ , ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL ~J~at certain pie¢= or parcel of land with ImprovemenTJ ~heraon erected. e~ttJate on tile ~asz ~ide of Pennsylvania Township Route 2:33. in the Townsh~13 at North Newton. County of Cumberland and Commonwealth of Per, sylvania. bounded and described as follows: I~ING pa~t of Lot Nc. 1~ ~n BlocJ~ No. :3, of Plan ef Lots known as Revised P~ar nf Lots situate in Newton Township. now No~h Newton Township. County of C:umbe~land, Commonwealth ef Pennsylvania, adjoining the Borough of Newvlllo, as laid out by S.E. Landis, April 12, 1914, said. Plan of I_ate being recorded in the Offl=a for ~he Recorder of Deeds, in and for Cumberland County, Pennm/Iv~tnle, in Plerl Book No. 1. Page BEGINNING at the ~o~h West comer of Lot No, 16, [Track No. 1} on aforesaid publ3¢ road; thence tn a Seutherh/direct{on 1~ feet, Which Is a pert of Lot No. 15 to a pein1; tn lards formerly of Cloyd M. McCalister and Naomi H. M¢C. allster, his wife, now o~ forrnsrly of Wayne Witmef. thence i~ an Easterly d|rection along land formerly ef Cloyd M, McCalistor and Naomi H. McCaliste~, w~fe. now or formerly of Wayne Wltmer0 140 feet to a 1~ foot alley; =hence in a Nort'~etly (~irecden archi3 said alley, 1 6 feet to the cornet of Lot No. 160 [Tra~t No. 1}; 1hence in a We~arly direction along Tract No. 1, 140 feet to the ;31ace of BI, GiNNING. BEING the same premlsas which Glenn G. Vanasdlen, Jr. and Deborah A. Van~en, husband and wife, by dead dated December 2, 19B3, and recorded tn the ~;)fflce cf the Recorder of Deeds in and fo~ Cumberland County, Pennsylvania, in Deac Book R, Volume 36, Page 278, granted ancl conveyed unto PhytZ[s J. Paesar, Gtan :or herein. BERING I~ONI~I AS: 103 DOUBLI'I~IG GAP ROAD. VERIFICATION CHRISTOPHER STUMP hereby states that he/she is 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. CHRISTOPHE~ STU~,~: SHERIFF'S RETURN - REGULAR CASE NO: 2003-01683 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS KEMPF KAREN M AKA KAREN KEMPF BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KEMPF KAREN M A~/K/A KAREN KEMPF the DEFENDANT , at 2140:00 HOURS, on the ~4t~ day of April , 2003 at 711 NORTH PITT STREET -- -- CARLISLE, PA 17013 KAREN M KEMPF by handing to 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 18 00 Service ' 3~45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this _~5~C day of ~o~ A.D. rothonotary ' So Answers: R. Thomas Kline 04/15/2003 FEDERMAN & PHELAN he 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, KAREN M. KEMPF A/FdA KAREN KEMPF Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1683 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against KAREN M. KEMPF A/FdA KAREN KEMPF, Defendant(s) for failure to file an Answer to PlaintiWs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 4/10/03 to 6/10/03 TOTAL $68,766.12 $939.92 $69,706.04 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. PRO PROTHY FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 ~ 56:1-7000~ CH~-H-A~-ASE~TTANMORTGAGE CORPORATION Plaintiff Vs. KAREN M. KEMPF A/K/A KAREN KEMPF Defendants Attorney for Plaintiff : COURT OF COMMON PLEAS CIVIL DMSION : CUMBERLAND COUNTy NO. 03-1683 CWIL TERM TO: KAREN M. KEMPF A/K/A KAREN KEMPF 711 NORTH PITT STREET CARLISLE, PA 17013 DATE OF NOTICE: MAY :Zt: ~OOl ~,* *,,., x,ou au ~ At I'EMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND BE USED FOR THAT ANY INFORMATION OBTAINED FROM YOU WILL 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. IMPOI~TA NT You are in default because you have failed to enter a written appearance personally or by attorney and file in writin to the claims set forth aeo;-o* ....... g with the court your defens a Jud,,~ent ma- '- .~,.~.,o, you. tJmess you act within ten (10) days fi- ..... ,yo ~ uojecnnns y oe entere~ aeainst vo .~,~_, ~ ,._ . . ~ ~ .mn me aate ot this notice, Important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or · o j. u, ~-,,~,t a neanng ana you may lose your property or other cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTy CUMBERLAND COUNTy BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249~3166 Attorney for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (2~ s) ~6~-7oo0 Attorney for Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff Vs. KAREN M. KEMPF A/K/A KAREN KEMPF Defendants : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 03-1683 CIVIL TERM TO: KAREN M. KEMPF A/K/A KAREN KEMPF 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT q~O 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 NOTI¢~F, 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 (10) days from the date of this notice, a Judgment may be entered against you without a heating and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR AS SOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federma~t, Esquire Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, KAREN M. KEMPF A/K/A KAREN KEMPF Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1683 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaimiffin the above-captioned matter, and that on information and beliet', 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 KAREN M. KEMPF A/K/A KAREN KEMPF is over 18 years of age and resides at, 711 NORTH PITT STREET, CARLISLE, PA 17013. This statement 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 The said ~ alley. Beia~ or formerly TRACT #2: ALL THAT CER side of Pennsylvan and Commonwealth ~EING part of Lot Nc i,_ewton Township, no e~ nnSylvania, adjofllfilg h . LOtS being recora~/~ ;nnsylvania, in Plan Book ~e2{ .BEGINNING at the South m a Southerly d/rection 15 ~ McCaliStor and Naomi Easterly trect~on along land, d' · H.~ now or formerly of Wayne Wit said alley, 16 feet to the corner o, No. 1, 140 feet_to the place of [k WRIT OF EXECUTION and/or ATTACItMENT COMMONWEALTH OF PENNSYLVANIA) biO 03-1683 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 KAREN M. KEMPF A/K/A KAREN KEMPF, 711 N. PITT ST., CARLISLE PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 103 DOUBLING GAP ROAD, NEWVILLE PA 17241 (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 fi.om paying any debt to or for the account of the defendant (s) and fi.om delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachmant 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 $69,706.04 Interest 6/10/03 TO 9/3/03 ~ $11.46 = $974.10 Atty's Comm % Atty Paid $113.45 Plaintiff Paid Date: JUNE 11, 2003 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE L.L. $.50 Due Prothy 1.00 Other Costs CURTIS R. LONG Prothonf~ry /.' By: Adthess: ONE PENN CENTER ~ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400 PHILADELPIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, KAREN M. KEMPF A/K/A KAREN KEMPF Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1683 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey for the Plaintiffin 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, KAREN M. KEMPF A/K/A KAREN KEMPF Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. 03-1683 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 {late the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 103 DOUBLING GAP ROAD~ NEWVILLE~ PA 17241 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KAREN M. KEMPF A/K/A KAREN KEMPF 711 NORTH PITT STREET CARLISLE, PA 17013 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: Nanle 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) None 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 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 plaintiff? has knowledge who has any interest in the property which may be affected by the sale: NaiTle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 1'7013 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. June 10, 2003 DATE FRANK FEDERMAN, ESQUIRE Attomey for Plaintiff CHASE M.a2qHATTAN MORTGAGE : CORPORATION : Plaintiff, : KAREN M. KEMPF A/K/A KAREN KEMPF : Defendant(s). : TO: KAREN M. KEMPF A/K/A KAREN KEMPF 711 NORTH PITT STREET CARLISLE, PA 17013 CUMBERLAND COUNTY No. 03-1683 June 10, 2003 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCY AND THIS DEB T 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 AGAINSTPROPERTY. ** Your house (real estate) at 103 DOUBLING GAP ROAD~ NEWVILLE~ PA 17241~ is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 3~ 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $69~706.04 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 Sheriff's 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, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full mount 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 J~ll amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buye~ 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 DESCRIPTION TRACT #1: ALL THAT CERTAIN tract of land with improvements thereon erected, situate on the East side of Pennsylvania Township Route 233, in the Township of North Newton, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEING Lot No. 16, Block No. 3, of Plan of Lots known as Revised Plan of Lots, situate in North Newton Township, Cumberland County, Commonwealth of Pennnyivania, adjoining the Borough of Newville, as laid out by S.E., Landis, April 12, 1914, said Plan of Lots being recorded in the Office for the Recorder of Deeds, in and for Cumberland County, Peunsylvania, in Plan Book No. 1, Page 85. The said for having a frontage of 35 feet On said State Road, TR 233 by 140 feet in depth to a 15 foot alley. Being bounded on the South by Tract No. 2 hereinafter described, and on the North by lands now or formerly of Kenneth B. Lohman. TRACT//2: ALL THAT CERTAIN piece or parcel of land with improvements thereon erected, situate on the East side of Pennsylvania Township Route 233, in the Township of North Newton, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEING part of LOt No. 15 in Block No. 3 of Plan of Lots known as Revised Plan of Lots situate in Newton Township, now North Newton Township, County,. of Camberland, Commonwealth of Pennsylvania, adjoining the Borough of Newville, as laid out by S.E. Landis, April 12, 1914, said Plan of Lots being recorded in the Office for the Recorder of Deeds, hi and for Cumberland County, Pennsylvania, in Plan Book No. 1, Page 85. BEGINNING at the South West corner of LOt No. 16 (Tract No. 1) on the aforesaid public road; thence in a Southerly direction 15 feet, which is a part of Lot No. 15 to a point in lands formerly of Cloyd M. McCalistor and Naomi H. McCalister, his wife, now or formerly of Wayne Witmer, thence in an Easterly direction along land formerly of Cloyd M. McCalister and Naomi H. McCalister, his wife, now or formerly of Wayne Witmer, 140 feet to a 15 foot alley; thence in a Northerly direction along said alley, 16 feet to the comer of Lot No. 16, (Tract No. 1); thence in a Westerly direction along Tract No. 1, 140 feet_to the place of Beginning. TIT"L-'ErlT~SAID PREMISES IS VESTED IN Karen M. Kempf, a single person by Deed from Phyllis J. Feeser, a single person dated 7/28/2000 and recorded 8/1/2000, ia Deed Book 226, Page 366. Premises being: 103 DOUBLING GAP ROAD NEWVILLE, PA 17241 Fax Parcel No. 30-19-1683-029 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATION VS. KAREN M. KEMPF A/K/A KAREN KEMPF CIVIL ACTION CIVIL DIVISION NO. 03.-1683 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 8/7/03 tree and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: September 19, 2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND j' 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 Corp is the grantee the same having been sold to said grantee on the 1 st day of Oct A.D., 2003, under and by virtue of a writ Execution issued on the I !th day of June, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 1683, at the suit of Chase Manhattan Mtg Corp against Karen M Kempf aka Karen is duly recorded in Sheriff's Deed Book No. 260, Page 186. IN TESTIMONY WHEREOF, I have hereunto set my hand dayof and seal of said office this ~ , A.D. 2003 ~-~ecorder of Deeds Chase Manhattan Mortgage Corporation VS Karen M. Kempf a/k/a Karen Kempf In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-1683 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 11, 2003 at 2:57 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Karen M. Kempf a/k/a Karen Kempf, by making known unto Jeff Kolodzi, husband of defendant, at 18 Sussex Drive, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 09, 2003 at 5:39 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 Karen M. Kempf a/k/a Karen Kempf located at 103 Doubling Gap Road, Newville, 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 Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Karen M. Kempf oJk/a Karen Kempf, by regular mail to her last lmown address of 18 Sussex Drive, Carlisle, PA 17013. This letter was mailed under the date of July 17, 2003 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on October 1, 2003 at I0:00 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, OH 43219, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1070.80. Sheriff's Costs: Docketing $30.00 Poundage 21.00 Posting Bills 30.00 Advertising 30.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 6.90 Levy 30.00 Surcharge 30.00 Law Journal 437.45 Patriot News 300.55 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $1070.80 Sworn and subscribed to before me So Answers: This ~/~ day of ~e~,~ ~~ ~,.~ ~ R. Thomas Kline,'~Sheriff ~Pr6thonotary BY ~ //~2~ i¢ ~.C~]. Real Estate'Deputy Real Estate Sale # 71 On June 17, 2003 the sherifflevied upon the defendant's interest in the real property situated in North Newton Township, Cumberland County, PA known and numbered as 103 Doubling Gap Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 17,2003 Real Estat~ Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwe;'lth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of July and the 5th day(s) of August 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. ~UBLICATION ............. ,.,. ....... ............. CO P Y Sworn ,rt~q(;J~eub/coril~od before n'le~fi~'~ 3th day of A[J~st ~A.D. ',,....&:~a~Seal ..~ I /-/~. J S A L E #71 Tem/L. Ru~e~l, Note~P~131ic MyCommlssi F. xpi ~ I NOTARY PUBLIC iVlenVz~.Penmy~vsniaN~x~a~o~Ol~ My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 298.80 $ 1.75 $ 300.55 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News. newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. REAL ES.T_ATE IAL~M. 71~ Writ No. ~ Cna~e M~n~ improvements thereon erected, z ~ side of Pennsylvania Township Rw~ ~ Township of North Newt~ Cumborlaed, Common~,~th of bounded and described as f~llows: BEING Lot No, 16, Bl~ck No. 3. of Hah of Lots Newton Township; Cum~l~r~ Commonwealth Of Pennsylwli~, adj~g Borough of Ncwville, as laid out by $.E. April 12, 1914, said plan of Lots b~ in the Office for the Records' of I~z~.'"ll~ Cumberland County, Pemlsylval~, No. I, Page 85. THE SAID for halthg said State Road, TR 233 b~' {40~ itl ~ to 15-f~t alley. Beipg bo',.md~l o~ ~ ~ by Tract No. 2 berelnafter ~'lmlT, ~ ~ ~l~ North by lands now or fomm'q Lehman, parcel of land with improvem~ ~ situate on the East side Route 233, in the TOwn~p o~ County of Cumberland alld Col~ Pennsylvania, ~unded and d~ as BEING p~ of Lot No. 15 in ~ o. ~} of of Lots l~own ~s R~s~f Plan 0£ 1.~a *iaaa ia Newton Township, now Noflh I~ ~ pCe~unty of Cumboriand Comlllan~aith of nnsylvania, adjoining tbe Boro~ of as laid out by S. E. Landis, Apfi! [~g 1914, Plan of Lots being r¢coeded in tbe ~ ill' t~ Recorder of Deeds, in sad for ~ County, Pennsylvania, in Pl~n Bo~k No. 1, 85. BEGINNING at the South W~st ~ of I.,~ No, 16 .(Traut No. 1 ) on th~ afo~a~l ill, bile t~; thence in a Soutberiy dir~ 13 ~ 's~il par of LOt No. 15 to a poiut th I~da ~ of Cloyd M, McCalis~or and lq~ I~'~ his wife, now or formerly of Wa)'~ thence in an Easterly dir~fi~ ato~ I~d formerly of Cl0yd M. McCaiiat~ and McCaiister, his wife, nov/or f~nlm'ly of ~itmer, 140 fe~t to a 15-foot al~; ~ Northerly d~r~ctlon along ~id ailS, 16 f~t ~orner of Lot No. 1~ ~Tra~t NO. t~: tbeaca Westedy di~ectthn along Ib~ No.'l'; 1~0 the place of BEGINNI~O, ' TITLE TO SAID prerthses ~a v~t~Jin lem~a M' F~rnpf, a single penon, by ~ ~ Feeser, a single p~rson, dated ?.t~ l~orded 8/1~000, in De~d Book 226, I~ M6. PREMISES BEING: 103 l~b~thg Cap 'Road, Newville. PA 17241. TAX PARCEL NO.: 30-19-16~34729. 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: JULY 18, 25, 2003 AUGUST 1, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true, RF, AL EaTATE ~ALE NO. 71 Writ No. 2003 1683 Civil Chase Manhattan Mortgage Corporation Karen M. Kempf, a/k/a Karen Kempf Atty.: Frank Federman DESCRIPTION TRACT # 1: ALL THAT CERTAIN tract of land with improvements thereon erected, situate on the East side of Pennsyl- vania Township Route 233. in the Township of North Newton. County of Cumberland. Commonwealth of Pennsylvania. bounded and scribed as follows: BEING Lot No. 16. Block No. 3. of Plan of Lots known as Revised plan of Lots, situate in North New ton Townlship. Curaberland County. Commonwealth of Pennsylvania, adjoinhag the Borough of Newvllle. as laid out by S.E.. Landis. April 12. 1914. said Plan of Lots being recorded in the Office for the Record- er of Deeds. in and for Cumberland County. PennsylvaBia, in plait Book No. 1. Page 85. The said for having a frontage of 35 feet on said State Road. TR 233 by 140 feet ha depth to a 15 foot al ley. Being bounded on the South by Tract No. 2 hereinafter described, and on the North by lands now or formerly of Kenneth B. Lohinan. eel of land with improve erected, situate on the East side of Pennsylvania Township Route 23;3 in the Township of North Newton, SWORN TO AND SUBSCRIBED before me this 1 day of AUGUST, 2003 adjoining the Borough of Newvllle, as laid out by S.E., Landis, April County, Pennsylvania, in Plan Book ley, Being bounded on the South by and on the North by lands now or formerly of Kenneth B. Loh~mn. County of Cumberland and Corrm~n- BEING part of Lot No. 15 in Block No. 3 of Plml of Lots kalown as Re- Township, now North Newton Town- ship, County of Cumberland. Com- monwealth of Permsylvanla, adjoin- lng the Borough of Newvllle. as laid out by S. E. Landis, April 12, 1914, the Office for the Recorder of Deeds, Page 85. BEGINNING at the South West his w/fe, now or formerly of Wayne rectlon along la,nd formerly of Cloyd VESTED IN Karen M. Kcmpf, a single person by Deed from Phyllis J. Feesen a single person dated 7/ 28/2000 and recorded B/i/2000, in Deed Book 226, Page 366. Premises being: 103 DOUBLING