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HomeMy WebLinkAbout01-0800 FX ^.' . ',~ "';(- ~.~. FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (71'i) 'i1i'1-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET DES MOINES, IA 50392 TERM Plaintiff NO. C>/- .POO Cio;L ~~ v. CUMBERLAND COUNTY DANIEL J. DURF 4410 CARLISLE ROAD, AIKIA LOT 39 CARLISLE ROAD GARDNERS, PA 17324 Defendant(s) CIVIl, ACTION - LAW COMPT ,A TNT TN MORnC;Ar.R FORRCT ,OSTTRF NOTICR **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, TIllS 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, P A 17013 (717) 249-3166 Loan #: 13758768 '''~ " ~ IItt'J:;';- 1. Plaintiff is PRINCIPAL RESIDENTIAL MORTGAGE, INe. 711 HIGH STREET DES MOINES, IA 50392 2. The name(s) and last known address(es) of the Defendant(s) are: DANIEL J. DURF 4410 CARLISLE ROAD, NKJ A LOT 39 CARLISLE ROAD GARDNERS, PA 17324 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 3/26/99 mortgagor( s) made, executed and delivered a mortgage upon the premises hereinafter described to A VSTAR MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1534, Page 1027. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. -- ., ;.; ~. '~ '~ ,~ '-::"",i,;': 6. The following amounts are due on the mortgage: Principal Balance Interest 9/1/00 through 1/1/01 (Per Diem $24.09) Attorney's Fees Cumulative Late Charges 3/26/99 to 1/1/01 Cost of Suit and Title Search Subtotal $117,218.85 2,963.07 4,000.00 1,245.50 i5.ll.illl $125,977.42 Escrow Credit Deficit Subtotal 0.00 .51.4..ll ~ <;1411 TOTAL $126,491.53 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in = Judgment against the Defendant( s) in the sum of $ 126,491.53, together with interest from 1/1/01 at the rate of $24.09 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. }~~ /~/ Fnmk F~r1~rrmm FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff H,_. -.' ,'",- ","~-,-.", ",',- ~~ ,,-, -''''''_i' ALL THAT CERTAJN tract of land, situate in Dickinson Township, in the County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the centerline of PA 34 (SR0034) atlhe northeast comer of Lot #38 on the hereinafter referred to Plan; thence along line of said Lot #38 North 58 degrees 58 minutes 46 seconds West 181.78 feet to a point in line of land now or formerly of Reading Railroad; thence along said line of land now or formerly of Reading Railroad North 42 degrees 23 minutes 40 seconds East 625.22 feet to a point in line of lands now or formerly of Donald E. Breom: thence along sald line of lands now or formerly of Donald E. Brehm South 28 degrees 10 minutes 08 seconds East 66.93 feet to a point in the centerline of said PA 34 (SR 0034): thence along said centerline of s~id. PA 34 (SR 0034) South 31 degrees 01 minute 14 seconds West 579.71 feet to a point, the place at BEGINNING. CONTAINJNG a total lot area of 1.6692 acres, including the portion of said premises under and sUbject the dedicated right-at-way line of PA 34 (SR 0034); and being Lot No. 39 on a SUbdivision Plan for Michaux Meadows, Phase Ii. as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book 64, Page 42. BEING part of the property which was conveyed to Leona S. Chronister and Roger E. Sowers by Lynn E. Sowers and Martha G. Sowers, his wlte; and Karl E. Sowers and Glora M. Sowers, his wife, by deed deted October 23, 1975, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Sook j'H", Volume 26, Page 495. see ALSO Deed recorded in Deed Book "H", Volume 25, Page 891. L.eona S. Chronister dled on January 23. 1998. and by Letters of "Administration issued by the Offfce of the Register of Wills in and for Adams County appointed Chester Chronister as Administrator. to whom Letters of Administration were duly issued. PREMISES: 4410 CARLISLE ROAD, A/K/A LOT 39 CARLISLE ROAD . VERIFICATION '.h >~" VICKIE JAKSICH hereby states that she is MANAGER OF FORECLOSURE of PRINCIPAL RESIDENTIAL MORTGAGE, INe. 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 in Mortgage Foreclosure 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 unsworn falsification to a~thorities. \J~ DATE~O\ ~~il&gij;i@r~&ii_=1!SiW"'jriM;C;'L~JI"-~;;-f,ht'~'-k""!:"_,,,-,,"}'-,l;."~'0<l.~I~';"jj"l;d,ilIi!~BJ>>!~~jj~~lii\"fW~ . <-, > 'jlj;IUIlii'@.!.imi!_~Iiil\1~l!I!Ii~IiJi:t*~'n C\ ...J t .....r: ~ f ~ ~ '1 ~ & 8 ~ ,Ci IV) ~ru ).1' ~ ~ ~ o f:: oot:~ -()'C'~ rn.-:-- Z:~i. 6jS:": -<.c::::. !;:C-' ~ ;zc() Pc :z: =< -. ,~ ~ >: Q ;10 -.. ''''1 :.j] , t":::; _'I,L, - j '-.~: ~)j :.:.~&~ -1.,,. ni o :..) .-.) ,...., "' ~ -',- " . -''lli;~W - ,-" ."" . . .~ :lUH SHERIFF'S RETURN - REGULAR CASE NO: 2001-00800 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRINCIPAL RESIDENTIAL MORTGAGE VB DURF DANIEL J DAWN KELL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DURF DANIEL J the DEFENDANT , at 0014:05 HOURS, on the 23rd day of February, 2001 at 4410 CARLISLE ROAD GARDNERS, PA 17324 by handing to DANIEL DURF a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.20 .00 10.00 .00 34.20 ~~ ~~<t:. ~ R. Thomas Kline 7' 02/26/2001 FEDERMAN & PHELAN Sworn and Subscribed to before me this .2 F &< day of JA"~a' ~.~ P othonotary By: CD~ -1. l6.t Deputy Sheriff ~. . ",,'-> ~- m' -.,- "--- ^ ~ "-'.IiI!Il' , , FEDERMAN AND PHELAN, L.L.P. BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Blvd. Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET DES MOINES, IA 50392 Plaintiff CUMBERLAND COUNTY vs. DANIEL 1. DURF 4410 CARLISLE ROAD NK/A LOT 39 CARLISLE ROAD GARDENS,PA 17324 NO: 01-800 Defendant(s) STJGGRSTTON OF RF,CORD CHANGR RF,. PARAGRAPH #~ OF THF, COMPLAINT TN MORTGAGR FORRCLOSTJRF, TO THF PROTHONOTARY: FRANK FEDERMAN, ESQUIRE, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief that the information in paragraph #3 of the Complaint in Mortgage Foreclosure IS: On 3/26/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AVSTAR MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1534, Page 1027, By Assignment of Mortgage Recorded 4/19/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Miscellaneous Book 610, Page 110. Kindly change the information on the docket. Date: April 18, 2001 Frank Federman, E Attorney for Plaintiff cc: Daniel Durf "'-"'-.....--~~- ~" ., ~. - - ~~--- -" "'L ~-- ~-', "- '-- - "': , FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Snburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 IDGH STREET DES MOINES, IA 50392 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO. 01-800 DANIEL J. DURF 4410 CARLISLE ROAD, A!KIA LOT 39 CARLISLE ROAD GARDNERS, PA 17324 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against DANIEL J. DURF, Defendant(s), for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest 1/1/01 to 5/17/01 TOTAL $126,491.53 $3.300.33 $129,791.86 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached, ~C--. ~JJ2 FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: j - I ~- DI C~ P rlt:t::;J:- , .. PROPROTHYU (} **TIDS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR TIlAT PURPOSE, IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY AND TIDS DEBT WAS NOT REAFFIRMED, TIDS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** -s%"'~"~ --", ~ "0' ~ " . '.' , '--. -, , , ~- ,. - , '-' _",,-, ',,"Cj _';' 'c_'., ~, Cj FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification NO. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF PRINCIPAL RESIDENTIAL MORTGAGE, INC. COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff vs. CUMBERLAND COUNTY DANIEL J. DURF NO. 01-800 Defendant(s) TO: DANIEL J. DVRF 4410 CARLISLE ROAD, A/K/A LOT 39 CARLISLE ROAD GARDNERS, PA 17324 DATE OF NOTICE: MARCH 28. 2001 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. FILe COpy IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights, You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff . ~ . -,~ . ,. ,,', ~ "";"""..' ,';' "" c~"'" ',1; FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff PRINCIPAL RESIDENTIAL MORTGAGE, INC. : CUMBERLAND COUNTY : Court of Common Pleas Plaintiff : CIVIL DIVISION vs. : NO. 01-800 DANIEL J. DURF Defendant(s) VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended (b) that defendant DANIEL J. DURF is over 18 years of age and resides at 4410 CARLISLE ROAD, A!K/A LOT 39 CARLISLE ROAD, GARDNERS, P A 17324. This statement is made subject to the penalties of 18 Pa, C.S. Section 4904 relating to unsworn falsification to authorities. ~~?~ F FEDERMAN Attorney for Plaintiff ~'" ~" if(, '<' '_'I ".'j .,,- ,: 1;,,-~_ " ,'. '_T_ , ';.,;: " (Rule of Civil Procedure No. 236 - Revised) PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff : CUMBERLAND COUNTY : Court of Common Pleas vs. : CIVIL DIVISION DANIEL J. DURF Defendant(s) : NO. 01-800 Notice is gitn that a Judgment in the above captioned matter has been entered against you on MAY I .2001. . . By~th~~D~\ITY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUlRE Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ""TillS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR TIlAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TIllS DEBT WAS NOT REAFFIRMED, TIllS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. "" ,_im~~~~jW@,,!i;:'4f~l<@lillh~:;;~-'&<~iltdl1i:;;'-""""'l"~"'1W.ih1!>l:~~t~""";'""....."'-'......~.-~~lliii~iil>l\ll~iL ~._. ~~~~ = ~ f~ t1 ::: ~ ~.\ - ~ -S) -l ~ ........., ~ :t r ~ \ -- "'\ l0 -.. o ~ ili f~ ~- ;s:: c<' 2 ~~ =2 #. o ':) ::t!: ~~ - .. 1,= ,.:~! ;-",,' . ~~ .:~) -,-, " :-t;~;~ u --.{ ~ :.0 -< co ?~ o ;:- r0 ,,~ .....~ " --,', ;";...0" AFFIDAVIT OF SERVICE fl1V\ CUMBERLAND COUNTY PLAINTIFF PRINCIPAL RESIDENTIAL MORTGAGE, INC. No. 01-800 CIVIL DEFENDANT(S) DANIEL J, DURF ACCT. #13758768 SERVE DANIEL J. DURF AT LOT NO. 39 CARLISLE ROAD, A/KJA 4410 CARLISLE ROAD GARDNERS, PA 17324 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 5, 2002 Served and made known to)1l-Jie\ J. (\~-\ at8:1'f ,O'clock-fm.,at 11/0 C"r<:\;'j\~ SERVED , Defendant, on the /6 If., R J . , Gd~ cl NH s' / daYOf}t;f..CL, ,200~ , Commonwealth of Pennsylvania, in the manner described below: )( Defendant personally served. , Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: I (f JA \ Description: Age-4fl- HeightSIO Weight /60 Race {,(Ik SexLL Other 5\~'''''' I Jaf'l') (,,;iltZ.. I,C\~"'W ct...-l, C~(C1.;..r J ~ , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the NotIce ofShenffs Sale m the manner as set forth herem, Issued m the captlOned case on the date and at the address indicated above. NOTARIAL SEAL Sworn to and subscribed ELIZABEIli M. JOHANSSON. Notary PubIIo befoD&me, this~day My=~..F !d/n~:V2006 ~f) of 3\t\~ , 200.2:-, . Notary:8-<D~1"f1.. ~BY: - PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE D ES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 151 Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 8~.I~~~0:ii8'fHg;tr'FMrckl~1OOM-t~~'Bt'W-'t~!l_:"\:.~t'j'''H~'ml,;;<ffud-:j11l':~trii-~!!i~~Ii'RM.!Iil1!!! "' "-,~.~~;,t.k<l I %~-..~dil;I~~~Iif' .. .,;... "--' c- o -' ;, !=:; t"-,:; 'too", f1~ <...' .. "T:l Z L; --:;--..J .' :z , coo:; t"-) ~1 ~-~ :1-:" "-.:' - , 7 .- )> 1 c= L.- '" ~, , 0 ", ~',,- .. . .." '~_,.R~ ~ ,~~~",.J ~_ ~ .. ~.~_ ,~". _.. <" ,-, t~ ""~; '-. . ~ - . ,C-,'c' ',.' -~,;.""" <,';"-, ~,' "~ ,'-; L PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, v. No. 01-800 CIVIL DANIEL J. DlJRF Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $129,791.86 V Interest from 5/17/01 to 6/5/02 (per diem -21.34) $8,194.56 and Costs TOTAL $137,986.42 -:r~ ;j~ FRAJ{KFEDE~AN,ESQUTIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ~ljmtili,!~~,""ffi<",I",j;!H,\1i:~.,.!/M>"",*,j;iE't~'lb;;,;f'A'j,\.",,,"',~4~.\l"'"",:m1~ij;,~~,.a.i~ ";:~-'",,"'~~-'- ~lJl ';l;$i:;;:OI/I1~~~:ii;llrv-~.lii!lil__.' ~ 0 !Xi f;I;1 ... 00 .... ~ U <:> .... .". .". ~ ",,:$ < r4 Z ~ OZ 00< C 0 < <> < .... ~ "'" f;I;1~ C ~ "'00 ~ u f;I;1 .,; ~~ ~~ ... 0) 0 00 , ;: .... 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FEDERMAN AND PHELAN 13'1 5 '31lP~ Fax:215568?616 Jan 242002 13:41 P.02 IN THE ONITED STATES BANKRUPTCY COtffiT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Da.%1ie1 Du:rf. Sr. ak. No. 01-03022 RJW Debtor Chapter No. 13 Principal Residential Mortgage. Inc. Movant v, Daniel Durf, Sr. 11 U.S.C. ~J6 FILED Halrliburg; IlA TIME _AM, 'fJ,M, I JAM 2 4 2IIDlI I rk, u.s. Bankruptcy Cwfl Respondent Motion of ORDER MODIFYING ~362 AUTOMATIC STAY --..~ \ AND NOW, this "'"'-'"'\ day of ~,,\!:>., Principal Residential Mortgage, Inc., (Mov~t), 200.., upon it is: ORDERED that the Automatic Stay of all pl:oceedings, as provided under ~362 of the Bankruptcy Code 11 V.S.C. ~362 is modified with respect t.o premises Lot 39 Carlisle Road, Gardners. PA 17324 as to allcw r.he Movant to foreclose on its morcgage and allow the purchaser of said premises ~t Sheriff's Sale (or purchaser's assignee) to take any legal action for enforcement cf its right to possession of said premises_ Principal implement ORDERED that Rule 4001(a) (3) is not applicable Residenti<ll Mortgag(!, Inc. may ilnmediately enforce this Order granting Relief from the ^utomatic Stay. and and /s/ j:lobert J. WoodsIde Robert J. Woodside Chief Bankruptcy Judge ce: Judith T. Romano, Esquire One Penn Center at Suburban Station 1617 John F_ Kennedy Boulevard, suite 1400 Philadelphia, PA 19103-1614 Charles J. Dehart, III, Esquire (Trustee) P.O. Box 410 Hummel s town , PA 17036 Robert L. O'brien, Esquire 17 W. South Street Carlisle, PA 17013 Dani.el Durf, Sr. 4410 Carlisle Road Gardners. PA 17324 "- -~ ~ ~ .'~-~ ALL THAT CERTAIN tract of land, situate in Dickinson Township, in the County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the centerline of PA 34 (SR 0034) at the Northeast corner of Lot #38 on the hereinafter referred to Plan; thence along line of said Lot #38 North 58 degrees 58 minutes 46 seconds West 181.78 feet to a point in line of land now or formerly of Reading Railroad; thence along said line of land now or formerly of Reading Railroad North 42 degrees 23 minutes 40 seconds East 625.22 feet to a point in line of lands now or formerly of Donald E. Brehm South 28 degrees 10 minutes 08 seconds East 66.93 feet to a point in the centerline of said PA 34 (SR 0034); thence along said centerline of said PA 34 (SR 0034) South 31 degrees 01 minute 14 seconds West 579.71 feet to a point, the place of BEGINNING. CONTAINING a total lot area of 1.6692 acres, including the portion of said premises under and subject the dedicated right-of-way line of PA 34 (SR 0034); and being Lot No. 39 on a Subdivision Plan for Michaux Meadows, Phase II, as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book 64, Page 42. BEING Lot No. 39 Carlisle Road. TAX PARCEL NUMBER: 08-15-0199-028 TITLE TO SAID PREMISES IS VESTED IN Daniel J. Durf, single man by Deed from Karl E. Sowers and Glora M. Sowers, husband and wife, Lynn E. Sowers and Martha G. Sowers, husband and wife; and Roger E. Sowers and Lois Sowers, husband and wife, acting through their Attorney- in-Fact, Karl E. Sowers and Chester E. Chronister, Administrator of the Estate of Leona S. Chronister by Deed dated 3/17/99 and recorded 3/17/99 in Deed Book 197 Page 713. " "--; _ ~ -x -,- -,- '"., ~-- ~~: ~ , PRINCIPAL RESIDENTIAL MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS DANIEL J. DURF CIVIL DIVISION Defendant(s). NO. 01-800 CIVIL AFFIDA VII PURSUANT TO RULE 3129 (Affidavit No. I) PRINCIPAL RESIDENTIAL MORTGAGE. INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,LOT NO. 39 CARLISLE ROAD. A/K/A 4410 CARLISLE ROAD, GARDNERS, PA 17324 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DANIEL J. DURF LOT NO, 39 CARLISLE ROAD, A/K/ A 4410 CARLISLE ROAD GARDNERS, P A 17324 2. Name and address ofDefendant(s) in the judgment: DANIEL J. DURF LOT NO, 39 CARLISLE ROAD, A/K/ A 4410 CARLISLE ROAD GARDNERS, P A 17324 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, ~ ." /"::....0- " ~--lf~~'i 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. 1 VALLEY STREET, SUITE 103 CARLISLE,PA 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address carmot 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 carmot 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: Name Last Known Address (if address carmot be reasonably ascertained, please indicate) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE PO BOX 2675 HARRISBURG, PA 17105 DOMESTIC RELATIONS OF CUMBERLAND COUNTY 13 NORTH HANOVER STREET CARLISLE, P A 17013 TENANT/OCCUP ANT CARLISLE ROAD LOT NO. 39 CARLISLE ROAD, AlK/A 4410 GARDNERS, P A 17324 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 ofl8 Pa. C,S. Sec. 4904 relating to unsworn falsification to authorities. March 12,2002 DATE ~~?-~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~~~__~;,j:!f~""jkll;E'J4i=i~lI@O'~:hl.j>-""-~,~~""",,,j~"~-'l;.'!'~-",~!~~~df.~~'l:l'lk~(rrrir':jr.'''~. ._,. ~-< U>"""'~~._~" ~ ~. -'q'~IlilIridIil~~ .c, 0 D C t".) -0 ~'; "J~. Lv "--:;,:. "T; m fr, ::0 ...,. ~j <.. :z ,- -- ,n (.0 "..; 3- (? '- , '- --.. ::'L! )> C":; ;-~i z C) (-~ n > _/ '~ C Z =:> =2 ~ eJ1 ::< " " ,'-~ ' -;, ~ " - 'C ,......-,," ,~ '",%~i , FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF PRINCIPAL RESIDENTIAL MORTGAGE,INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION DANIEL J. DURF NO. 01-800 CIVIL Defendant(s). 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 o Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa, C.S. Section 4904 relating to unsworn falsification to authorities. d~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~~W~~;pjj;~~j';lh~~ii",;.];I@'~I1j~*"1,i-~"~'!'luki;,;'''-';i1i,i!IW,;!,'\:1l~~~"";\,,jc4~Wil~;~'j' '-'~~~~'.~~Ifii~'Ml~~A ~~ ,~ " . '"c' . r .,..,~,' - ~~'lIl!iiIi'lijl'lI'~ '~ -=- ~ 0 CC. -' C l""-~) -> -oft -" .- 15m nlj';'. :"-:.J Z::C' Z C -- U) G~~ --< C~ r::: 0- J> C . 2: c. ,- )> C Z ::'t< ::;! ,-, ~X} en -< ~P~'"" ~ ~ ".' .<" - "--, .' . ~, .-" ' ""'~Jl-; , . PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, CUMBERLAND COUNTY v. No. 01-800 CIVIL DANIEL J. DURF Defendant(s). March 12,2002 . TO: DANIEL J. DURF LOT NO. 39 CARLISLE ROAD, AlKJA 4410 CARLISLE ROAD GARDNERS, PA 17324 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORM A TION 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 PROPERTY." Your house (real estate) at. LOT NO. 39 CARLISLE ROAD. AlKJA 4410 CARLISLE ROAD. GARDNERS, PA 17324, is scheduled to be sold at the Sheriffs Sale on JUNE 5, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of 129.791.86 obtained by PRINCIPAL RESIDENTIAL MORTGAGE. INC. (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: l. 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You. may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) ......... - ."", .." , '.- " ,- ~;,'.' , "- -~ ~;: YOU 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 Sheriff the 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 Sheriff within 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 ALA WYER 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, P A 17013 (717) 249-3166 (800) 990-9108 " '"~ " "'-i--,-, "__.4. ,~ "" "^' , ~" h' ALL THAT CERTAIN tract of land, situate in Dickinson Township, in the County of Cumb~rland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the centerline of PA 34 (SR 0034) at the Northeast corner of Lot #38 on the hereinafter referred to Plan; thence along line of said Lot #38 North 58 degrees 58 minutes 46 seconds West 181.78 feet to a point in line of land now or formerly of Reading Railroad; thence along said line of land now or formerly of Reading Railroad North 42 degrees 23 minutes 40 seconds East 625.22 feet to a point in line of lands now or formerly of Donald E. Brehm South 28 degrees 10 minutes 08 seconds East 66.93 feet to a point in the centerline of said PA 34 (SR 0034); thence along said centerline of said PA 34 (SR 0034) South 31 degrees 01 minute 14 seconds West 579.71 feet to a point, the place of BEGINNING. CONTAINING a total lot area of 1.6692 acres, including the portion of said premises under and subject the dedicated right-of-way line of PA 34 (SR 0034); and being Lot No. 39 on a Subdivision Plan for Michaux Meadows, Phase II, as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book 64, Page 42. BEING Lot No. 39 Carlisle Road. TAX PARCEL NUMBER: 08-15-0199-028 TITLE TO SAID PREMISES IS VESTED IN Daniel J. Durf, single man by Deed from Karl E. Sowers and Glora M. Sowers, husband and wife, Lynn E. Sowers and Martha G. Sowers, husband and wife; and Roger E. Sowers and Lois Sowers, husband and wife, acting through their Attorney- in-Fact, Karl E. Sowers and Chester E. Chronister, Administrator of the Estate of Leona S. Chronister by Deed dated 3/17/99 and recorded 3/17/99 in Deed Book 197 Page 713. ',' '. . ,_ .. . L. ~~I~~'!ril!i~,'ii.lfl!O:kj,,*~~.I1i!i!<I><,~,,!;.H.i;1!!,&,;;l"'~'>.l~~i'il'"&.,,*~e;il;:~~I-t1 iff. ilft-~'>~_Illtl" ~-~, <"'--~ ,,~ ,__=_=~~. 0 _ _ .~_=o_. "'" " ~,.~~, r__'_',~.~,<=~., .~. I 0 ~ ~, C_''''''''j ~ ""' . " 0 c::' C r~...J ~:: :J'i: V CO :r~~ nl f'"' ::;0 7 Z 1-" "T'! UJ - C...) i..? -< c C) r' <" :!:-,-1 5-~ c::, , Z , , :> Ci c 2: '=l --; :;~J -<.. en - t$if . .- ~~ ~~ ., ~ ,- ~- - ' ~ ,- ~ , j.J , - - ~-" '1: I I ,- PRINCIPAL RESIDENTIAL MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS DANIEL J. DURF CIVIL DIVISION Defendant(s). NO. 01-800 CIVIL AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) PRINCIF AL RESIDENTIAL MORTGAGE. INC., 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 .LOT NO. 39 CARLISLE ROAD. AJK!A 4410 CARLISLE ROAD. GARDNERS. FA 17324. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DANIEL J. DURF LOT NO. 39 CARLISLE ROAD, AlKJA 4410 CARLISLE ROAD GARDNERS, P A 17324 2. Name and address ofDefendant(s) in the judgment: DANIEL J. DURF LOT NO. 39 CARLISLE ROAD, AlKJA 4410 CARLISLE ROAD GARDNERS, P A 17324 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) ARTHUR WEAVER 650 N, COLLEGE STREET CARLISLE, FA 17013 ,~~ . , ~ .~ "" ~_. ,- , -':;"3; .~ 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC, 1 VALLEY STREET, SUITE 103 CARLISLE, PA 17013 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE PO BOX 2675 HARRISBURG, P A 17105 TENANT/OCCUPANT CARLISLE ROAD 13 NORTH HANOVER STREET CARLISLE, PA 17013 LOT NO. 39 CARLISLE ROAD, A/K/A 4410 DOMESTIC RELATIONS OF CUMBERLAND COUNTY GARDNERS, P A 17324 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 ofl8 Pa. C.S. Sec, 4904 relating to unsworn falsification to authorities. APRIL 19, 2002 DATE ~JA~ fJti/MJ1~_ ~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~~~~1'i91.j~If~'ei,Um';~'-w~&'-!ttB."J""_Mlb1n"~',K'1tdW'~<t{\~";#~~"'-d,,~~~WiI~J.'"'=~""""f T' !lDu;;"'t.:~_:;,:rlliH:'l J"t"'" . "'"'""!J -,...i~'dW ~~~ -~ ~~. o r~ s -Oew !T1pui Z::':, V;)~. I~ ~ ,-. , " ~ ',! , I I " I i I i , i o ('V o -n ::::l ;;-;:;"T) -"p .~1~ ~~~ ~; ;'jrn 'c.; S5 -< ;::'.Jll -0 ?O ~ U-1 -() ~, ~ r. ::::> {)1 ~ ,~ - ~ , .,~ - ~... - .; I:.. - ~.J . ~ "~-, --'- - ',.' ';".-. ".-',; :"<, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: PRINCIPAL RESIDENTIAL MORTGAGE, INC. )CIVIL ACTION ) vs. DANIEL J. DURF ) ) CIVIL DIVISION NO. 01-800 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for PRINCIPAL RESIDENTIAL MORTGAGE, INC. hereby verify that on 3/13/02 & 4/19/02 true 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. Notice of Sale was sent to the Defendant(s) on 3/13102 by certified mail return receipt requested see Exhibit "B" attached hereto. 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DURF LOT NO. 39 CARLISLE ROAD, AJKJA 4410 CARLISLE ROAD GARDNERS, P A 17324 SENDER: TEAM 51IM REFERENCE: DURF, DANIEL PS Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Rerstricled Oe.llvery Total po~'-e;:& Fe $- .1,*" US Postal Service' Receipt for Certified Mail No Insurance Coverage Provided 00 Not Use for International Mail " _. ____,____~.__n___p__.____.n.____.__,___ __ __ _.__.. ___, ,_. _ _" _.____ _,~__ ..- ~~_mfJJllSiI;j~,it;;ti*!",*"~iioWlHHjiimb~~~i<&IF;:~~~o~'!llh,{~..!I'ill,".(:iiwb___"".MIj.llll>l1M"'_~ (",.;.....,... ,~. .-~~ .1 ""^ ,__ _ ~_ w - ,~~ .. ~-~ "'-~ ~~~r~III__&mM'J . L'i 0 C-., 0 C r-.....;) "'n ,; t;~ n__' f11 . I",', < 7 C .0:,.. Z , '" 1 "~I e" 1........:- ; -< C. r . ; .' , ~ -q ;~ '. C) , r n { ,~.- --j . !1 (:;-1 ~ ~ -- ..... -' --,.-t-f" .) , STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. R.obert l' Ziegler ~______________________________________________________________________________Recorderof Deeds in and for said CouIIty and State do 'hereby ccrtiffthat the Sherifrs Deed in which ________________ Princopal Residential Mtg Inc . ____n_____________________ _____________________ ____________________________________ IS the grantee the sa~e having been sold to said grantcc on the _________5_:~___________________________________ day of June . ,2002 __ ________________________________________ A. D., I _____, under and by virtue of a wnt______________ Execution . 13th ____________________________________ _____ _______lSSucd 011 the ___________ __ ___ ____ ________ __ _______ March 2002 , day of __________________________ A. D., _____, out of the Court of Cornman Picas of said County as of Civil 2001 --____________________________.._________________ _________________________________ Tenn, . ._____ . 800 . Principal Residential Mtg Inc Number ______________, at the su.t of _______________________________________________________________ Daniel J Durf ___...___________.____________________ against_ __... ____ _______ __________ __________ ____ __ ___________ is 252 2822 duly recorded in Sherifrs Deed Book No. ____________, Page ____________. IN TESTIMONY WHEREOF, I have hereunto set my d and seal of said office this __~__ day of ___ ;2.1111.;;" ofDceds - ',", ~ .- ~--~ '\ .-.'"' . h-'"~''''''' . Principal Residential Mortgage, Inc. VS Daniel J. Durf In the Court of Common Pleas of Cumberland County, Peunsylvania Writ No. 2001-800 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 21,2002 at 5:47 o'clock pm, EST, 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: Daniel Durf, by making known unto Daniel Durfpersonally, at Lot 39 Carlisle Road alk/a 4410 Carlisle Road, Gardners, Cumberland County, Peunsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2002 at 1:52 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Daniel J. Durflocated at Lot #39 Carlisle Road, alk/a 4410 Carlisle Road, Gardners, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Daniel J. Durf, by regular mail to his last known address of Lot No. 39 Carlisle Road alk/a 4410 Carlisle Road, Gardners, PA 17324. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5' 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Principal Residential Mortgage Inc. It being the highest bid and best price received for the same, Principal Residential Mortgage Inc. of 711 High Street, Des Moines, IA 50392, being the buyer in this execution paid SheriffR. Thomas Kline, the sum of$813.68, it being costs. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Service Certified Mail Levy Surcharge Law Journal $30.00 15.95 15.00 15.00 30.00 10.00 .50 1.00 12.42 1.81 15.00 20.00 335.15 ... '''~!t-<.'' ','i!ii -~~~, .~ Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 232.15 25.20 " ~ - j - <- - 25.00 29.50 $813.68 paid by attorney 6/28/02 Sworn and subscribed to before me This ~ day of q..~ 2002, A.D.~ Q. /1A.JP" ~ Uf11 P othonotary So Answers: y~~ R. Thomas Kline, Sheriff BY~O~ jVVtl~ Real Estate Deputy <_A - ~_ -c_ '~'l~i;;,I;,: ~ ~ 01) 30' :SO I. Ck..3?)"~ f!..v. p 1/5'1 - , ~". "~.-!~ , PRINCIPAL RESIDENTIAL MORTGAGE, INC. '. . CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS DANIEL J. DURF CIVIL DIVISION Defendant(s). NO. 01-800 CIVIL AFFIDA VII PURSUANT TO RULE 3129 (Affidavit No. I) PRINCIPAL RESIDENTIAL MORTGAGE. INC., Plaintiff in the above action, by its attorney, F7'-".;;;( fEDERJ\1AN, 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 .LOT NO. 39 CARLISLE ROAD, A/KiA 4410 CARLISLE ROAD. GARDNERS. PA 17324. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DANIEL J. DURF LOT NO. 39 CARLISLE ROAD, NKJA 4410 CARLISLE ROAD GARDNERS, P A 17324 2. Name and address of Defendant(s) in the judgment: DANIEL J. DURF LOT NO. 39 CARLISLE ROAD, NKJA 4410 CARLISLE ROAD GARDNERS, P A 17324 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. ;.: ~ ,,~ -...' -, -~....;- -;0,- '~'-.",,~,l l 4. Name and address oflast recorded holder 'of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INe. I VALLEY STREET, SUITE 103 CARLISLE, P A 17013 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE PO BOX 2675 HARRISBURG, P A 17l 05 DOMESTIC RELATIONS OF CUMBERLAND COUNTY 13 NORTH HANOVER STREET CARLISLE,PA 17013 TENANT/OCCUPANT CARLISLE ROAD LOT NO. 39 CARLISLE ROAD, NK/A 4410 GARDNERS, P A 17324 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 12.2002 DATE ~~?-~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff <~ M .~~tJ~ , 'PRINCIPAL RESIDENTIAL MORTGAGE, INC. ' Plaintiff, , CUMBERLAND COUNTY v. No. 01-800 CIVIL DANIEL J. DURF Defendant(s). March 12, 2002 TO: DANIEL J. DURF LOT NO. 39 CARLISLE ROAD, A/KJA 4410 CARLISLE ROAD GARDNERS, P A 17324 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE, IF YOU HA VE PREVIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, LOT NO. 39 CARLISLE ROAD, A/KJA 4410 CARLISLE ROAD, GARDNERS. P A 17324, is scheduled to be sold at the Sheriffs Sale on JUNE 5.2002 at 10:00 a.m, in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of 129,791.86 obtained by PRINCIPAL RESIDENTIAL MORTGAGE. INC. (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: 1. 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) ,_,., .;c_,_ ,-...._". '. 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 Sheriff's 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 Sheriff the full amount due in the sale. To find out ifthis 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 Sheriff within 30 days ofthe 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 ALA WYER 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, P A 17013 (717) 249-3166 (800) 990-9108 ~"~ . ~ ~" "<- "_ _h" ~_ , ~ 'j &;c- , , I . . ALL THAT CERTAIN tract of land, situate in Dickinson Township, in the COUJ.ty of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the centerline of PA 34 (SR 0034) at the Northeast corner of Lot #38 on the hereinafter referred to Plan; thence along line of said Lot #38 North 58 degrees 58 minutes 46 seconds West 181.78 feet to a point in line of land now or formerly of Reading Railroad; thence along said line of land now or formerly of Reading Railroad North 42 degrees 23 minutes 40 seconds East 625.22 feet to a point in line of lands now or formerly of Donald E. Brehm South 28 degrees 10 minutes 08 seconds East 66.93 feet to a point in the centerline of said PA 34 (SR 0034); thence along said centerline of said PA 34 (SR 0034) South 31 degrees 01 minute 14 seconds West 579.71 feet to a point, the place of BEGINNING. CONTAINING a total lot area of 1.6692 acres, including the portion of said premises under and subject the dedicated right-of-way line of PA 34 (SR 0034); and being Lot No. 39 on a Subdivision Plan for Michaux Meadows, Phase II, as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book 64, Page 42. BEING Lot No. 39 Carlisle Road. TAX PARCEL NUMBER: 08-15-0199-028 TITLE TO SAID PREMISES IS VESTED IN Daniel J. Durf, single man by Deed from Karl E. Sowers am:! Glora M. Sowers, husband and wife, Lynn E. Sowers and Martha G. Sowers, husband and wife; and Roger E. Sowers and Lois Sowers, husband and wife, acting through their Attorney- in-Fact, Karl'E. Sowers and Chester E. Chronister, Administrator of the Estate of Leona S. Chronister by Deed dated 3/17/99 and recorded 3/17/99 in Deed Book 197 Page 713. ~j . , o ".~, -"' -~ ''!'?JI--'''' WRIT OF EXECUTION and,lor ATTACHMENT COMMONWEALTH OF PENNSYL V ANlA) COUNTY OF CUMBERLAND) NO 01-800 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PRINCIPAL RESIDENTIAL MORTGAGE, INC. PLANTIFF(S) From DANIEL J. DURF (1) You are directed to levy upon the property of the defendant(s) and to sell SEE LEGAL DESCRIPTION OF PROPERTY (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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himfher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due$129,791.86 L.L.$.50 Interest FROM 5/17/01 TO 6/5102 (PER DIEM - 21,34) $8,194.56 AND COSTS Arty's Corom % Due Prothy $1.00 . Arty Paid $106.20 Other Costs Plaintiff Paid Date: MARCH 13, 2002 CURTIS R. LONG Prothonotary, Civil Division By: ~~<2' J!-~iZJ, % REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SillTE 1400 PIDLADELPIDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 12248 :~~JlM~~~-{"""~,~f,",i'"'~iW~6'-~~":!/""'jj~:";_""_~'i0l"')'" ,',- -~""',,,Li'C ;'~'_'__~"_"'''''WJ>;l~,,;,j~~~d~,,,,j~''';~~1l~~;jj~:~~~1I!r' (""-.1 t. )- c::;:;) ~",.-- ~~ ~",,- ~.d-::.) ~-i ;:::;:r--" (f';(, '" .<'l cO .. '" '--:;.- :' ~-_\ >-".' L'_. - c' . Real Estate Sale # Lib On March 14, 2002 the sherifflevied upon the defendant's interest in the real property situated in DICKINSON TOWNSHIP. -:umberland County, PA lmown and numbered as Lot #39 Carlisle Road, a/k/a 4410 Carlisle Road, Gardners and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 14, 2002 By: .J.Dch{ j~ Real Estate Deputy --,.:t uie:' ',:.):l: U:.? ~ '00 :2C -:::r ,"~. ~ _ .. uJ 0- ,':"~--'.~ -,-, , ~ :" .~,"-" -~--,~,,~ " ~ .. ~.....~ ~""'~ '- @ c:'iii1' c:;:'ii1 ~ ~ g\iV ~ ~ REAL ESTATE SALE NO. 45 Writ No. 2001-800 Civil Principal Residential Mortgage, Inc. ys. Daniel J. Durf Atty.: Frank Federman ALL TIiAT CERTAIN tract ofland, situate in Dickinson Township. in the County of Cumberland. Com- monwealth of PennsylvdIlia. bonnd- cd and described as follows: BEGINNING at a palnt in the cen- terline of PA 34 (SR 0034) at the Northeast corner of Lot #38 on the hereinafter referred to Plan; thence along line of said Lot #38 North 58 degrees 58 minutes 46 seconds West 181.78 feet to a point in line of land now or fonnerly of Reading Railroad: thence along said line of land now or formerly of Reading Railroad North 42 degrees 23 min- utes 40 seconds East 625.22 feet to a point in line of lands now or formerly of Donald E. Brehm South 28 degrees 10 minutes 08 seconds East 66.93 feet to a point in the centerline of said PA 34 (SR 0034); thence along said centerline of said PA 34 ISR 0034) South 3! degrees 01 minute 14 seconds West 579.71 feet to a point. the place of BEGIN- NING. CONTAlNING a total lot area of 1.6692 acres. including the portion of said premises under and subject the dedicated right-or-way line of PA 34 [SR 0034): and being Lot No. 39 on a Subdivision Plan for Michaux Meadows. Phase II. as recorded in the Office of the Recorder of Deeds for Cumberland COilllt,y". Pennsylva- nia in Plan Book 64. Page 42. BEING Lot No. 39 Carlisle Road. TAX PARCEL NUMBER: 08-15- 0199-028. TITLE TO SAID PREMISES IS VESTED IN Daniel J. Durf. single man by Deed from Karl E. Sowers and Glora M. Sowers. husband and 'Nife. Lynn E. Sowers and Martha G. Sourers. husband and lNiie; and Roger E. Sowers and Lois Sowers. husband and wife. acting through their Attomey-in-Fact. Karl E. Sow- ers and Chester E. Chronister. Ad- ministrator of the Estate .o(Leona S. Chronister by Deed dated 3/17/ 99 and recorded 3/17/99 in Deed Book 197 Page 713. , , .ilto.L ESTATE SALE No. 45 , WrilNo.20D1-B01l ClVifjerin ",lnclp81 Resldenll,j ''''',,', 'Mortg~e, Inc. .,_.,...,.,. ..C,nl'j;!,Qun > ..' ..>'A1l'i:FianKFiiil,rrn,n pasOUR!101l .,' ,... ,. ...... ..M.L,:,i:fti\'t.Cb"RTAIN tn~t,qf'I,an)i, s'itt1~"\ii :, tr~n&Qi{f9Wf!S1l'ip;, :m:,\H~,:,C~!)', of Cumberland. ",:,:~drto/ealili Df F~'imsrlv. bOtinile'~ 'rnd' t:"'~~lj!;foil'o.~!\',,,,":....:~""'::""::" :" ':' . "BEGtNNING1it'"i poW in the centerline Ot PA34'" (SR (034) <il;lhe No''rthci'>t comer of Lot #38 on tlle hereinafter refcrre4 1()PLan; thence ulong line afsaid , lJJt.#38 North 58 degrees 58 rrilnures 46 seconds " West" 181.78 feello a point in line of land now or , formerly of Reading' Railroad; thence along liaid line '.(sf land now \JX fomierly of Reading Railroad North 42' degrees 23 min~,res, 49 sel.~l1g& ~,~t ..025.21 feet to 'apoiti~il11ine of liW& now o(formerly of Donald :'E.Brehmsoulh'18,deg'rees 10 rillrirites 08 seconds :' 'E<t$l 66.93 feet to a p<$(in the centerline of said PA 34 {SR 0034); thence'mOng said centerline of said PA '34,(SR 0(34) South j[ degieell 01 minute> 14 :scoondsWest579.71 fedla a p'oint, the place of BEG1NNlNG. . " . CONTAllilNG .a tot:1l lot area of [,6692 ,1cres, including the portion' of sUld,pp:'TIIises under' and , subject the deoicaied rigbt-of-way line of PA 34 (SR ,'(034); and being Lot No,o 39 on a SubdivisiOn Plan : "[or Mlcha.lI! MCaQows, Phase ll,us r,ecooIedin the I Office af"the Rec'order of Deeds for Cumberland . ,Co~rr.tY" 'Pehnsylvania in,Plan Book 64,Page 42, BEINO'lilt"No. 39 Ca:1E\e Road. TAX PARCEL lIQ::D8'lj'DI~~.D2~ ., c ''i'rrLE T0 said premises i~ <{:sled in Dan,let 1 DuIT, idrigle l):.lll, bY'Deed from K~~rlE. SowerS and Giora M. Sowers. ,husband and wife, Lynn E. Sowers and M,~.rtha Q:::SQV<'efS, husband and wi~ ana Roger g. SQWe.1'lmitLok Sp:wer~, hus,band and 'wife, acting l~,ugh t)1~~..Att(irrey.in.P~,t, 'K:U:! E,' Sowers and Cbeste,t"E,,,Orrop,~t~!1 AdmmL\lr~tor?I fhe Estate of (ici'rili"S. emomste~'.1jy., Deol dillei1"3il7f99 and rrtxitded'3il1I99'in:~,"BOIJkT91 P~ej13. - ~, . -.. -',,,. " '. ,.' - ~ ' "~ Ll;'",-" PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. 1.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, 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 26, MAY 3, 10, 2002 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. SWORN TO AND SUBSCRIBED before me this 10 day of MAY. 2002 N~SEAl. LOIS E. SNYDER, NoIaiy Public CariisI8 9oro, CumIJetianil CcunIy My Commia8lori ExpiI&s Man:h 5, 2005 .. " ","_1 .' -. ""'""-."'-'(--~, . - " " THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J, Epler 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 pubiisher of The Patriot-News and-I!1ll 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, 1 949, 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 andlor Sundayl Metro editions which appeared on the 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. 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. PUBLICATION COpy SALE #45 ~~...~................................................... Sworn to and subscribed before m~ th day 2 A.D. Notarial Seal T.rry L, RUSSell, Notal\' Public NOT Y Harrlaburg, Dauphin Counly My Commls.IOfI ElllIlroa June 6, 2002 My commission expires June 6, 2002 Mamllar, PannsylVanla Aasoolation 01 NOlaries 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 $ 230.40 1.75 232.15 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav 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. By....................................................................