HomeMy WebLinkAbout03-2573LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
1600 Locust St., Suite 200
Philadelphia, PA 19103
(215) 545-3300
CHASE MANHATTAN BANK, AS TRUSTEE :
FOR BENEFIT OF CERTIFICATEHOLDERS :
OF EQUITY ONE ABS, INC. MORTGAGE :
PASS-THROUGH CERTIFICATES SERIES 2002-2:
c/o EQUITY ONE, INCORPORATED
301 Lippincott Drive
Marlton, NJ 08053
Plaintiff,
V.
DOROTHY WEIDENHAMMER A/K/A
DOROTHY MYERS
8 East Manor Avenue
Enola, PA 17025
Defendant.
THIS IS NOT AN
ARBITRATION CASE.
ASSESSMENT OF DAMAGES
HEARING IS NOT REQUIRED.
Attomeys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PL~° ~C,.T.,~j2.~
NO.: 03 -- ,,l. ~' 9d 't
NOTICE
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 this 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 TO GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
NOTICE
The amount ofyour debt is as stated in the attached document. The name and address of
the creditor to whom the debt is owed is as named in the attached document. This is an
attempt by a debt collector to collect a debt. Any information obtained will be used for
that purpose. Unless you notify this office within thirty (30) days after receiving this
notice that you dispute the validity of the debt or any portion thereof, this office will
assume that this debt is valid. Ifyou notify this office in writing within thirty (30) days
from receiving this notice that the debt, or any portion thereof, is disputed, this office will
obtain verification of the debt and mail you a copy of such verification. Collection agencies
are regulated by a federal law which grants you certain rights. One of these is the right to
have us cease communication with you about this debt. If you ask us in writing to cease,
we will. This law is administered by the Federal Trade CommiSsion, Division of Credit.
Practices, Washington, D.C. 20580. If you request this office in writing within thirty. (30)
days after receiving this notice, this office will provide you with the name and address of
the original creditor, if different from the current creditor.
Note: If you have received a discharge in bankruptcy which discharges the debt which is
the subject hereof, this Notice is for information purposes only and should not be
considered an attempt to collect a debt.
Peter Meltzer, Esquire
1600 Locust St.
Philadelphia, PA 19103
215-545-3300
LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
1600 Locust St., Suite 200
Philadelphia, PA 19103
(215) 545-3300
THIS IS NOT AN
ARBITRATION CASE.
ASSESSMENT OF DAMAGES
HEARING IS NOT REQUIRED.
Attomeys for Plaintiff
CHASE MANHATTAN BANK, AS TRUSTEE :
FOR BENEFIT OF CERTIFICATEHOLDERS :
OF EQUITY ONE ABS, INC. MORTGAGE :
PASS-THROUGH CERTIFICATES SERIES 2002-2:
c/o EQUITY ONE, INCORPORATED
301 Lippincott Drive
Marlton, NJ 08053
Plaintiff,
V.
DOROTHY WEIDENHAMMER A/K/A
DOROTHY MYERS
8 East Manor Avenue
Enola, PA 17025
Defendant.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW, comes the plaintiff, Chase Manhattan Bank, as Trustee for benefit of
certificateholders of Equity One, ABS, Inc. Mortgage Pass-Through Certificates Series 2002-2,
by and through its attorneys, Law Offices of Peter E. Meltzer and Associates, P.C., and files this
Complaint in Mortgage Foreclosure pursuant to the Pennsylvania Rules of Civil Procedure and
avers the following:
PARTIES
1. Plaintiff, Chase Manhattan Bank, as Trustee for the benefit of Certificateholders of
Equity One ABS, Inc. Mortgage Pass-Through Certificates Series 2002-2 is a New York
banking corporation with an address at 450 W. 33rd Street, 15th Floor, New York, NY
o
10001. Plaintiff's loan servicer is Equity One, Incorporated ("Equity One"), a
Pennsylvania corporation with an address at 301 Lippincott Drive, Marlton, NJ 08053.
Defendant is the individual named above residing at the address given above
VENUE
Venue is proper in Cumberland County under Pa.R.Civ. P. 1142 in that said County is the
county where the cause of action arose and the county where the transaction or occurrence
took place out of which the cause of action arose and the county where the real property
which secures the loan made by Plaintiff to Defendant is located.
FACTS
On or about December 17, 2001, Equity One loaned Defendant the principal sum of
$100,275.00 with interest in accordance with the terms and conditions of a certain
Promissory Note of even date executed by Defendant in favor of Equity One (the "Note").
The Note is secured by a Mortgage executed by Defendant in favor of Equity One (the
"Mortgage") granting Plaintiff a mortgage lien on real estate located at 8 East Manor
Avenue, Enola, PA 17025 (the "Property"). The Mortgage was recorded with the
Cumberland County Recorder of Deeds on December 26, 2001 at Book 1743, page 3647.
Upon information and belief, the Property consists of a residential dwelling.
Defendant is the owner of the ProPerty covered by the Mortgage.
The Note and Mortgage were assigned by Equity One to Equity One, ABS, Inc. and then
further assigned by Equity One, ABS, Inc. to Plaintiff herein (the "Assignment"). The
Assignment is in the process of being recorded.
Plaintiff is the holder of the Note and Mortgage, and there has been no further assignment
10.
11.
12.
of the Note and Mortgage.
As a result of the failure to make payments due under the Note since December 1, 2002
and thereafter, the entire unpaid balance of principal indebtedness, together with all
accrued and unpaid interest, and all of Plaintiffs costs as authorized in the Note are
immediately due and payable, comprised as follows:
Principal Balance Due:
Interest Due as of April 30, 2003:
Late Charges:
Prepayment Penalty:
Corporate Balance:
Security Satisfaction Fee:
Attorney's Fees:
Cost of Suit and Title Search:
Total Sum Due
$ 99,718.70
$ 5,447.86
$ 263.41
$ 1,994.37
$ 944.95
$ 38.50
$ 4,985.94
$ 5O0.00
$113,893.73
Interest accrues on the Note from May 1, 2003, at the per diem rate of $22.51 and there is
a monthly late charge of $37.63.
The attorneys' fees set forth above are in conformity with the mortgage documents and/or
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 sale, reasonable attorneys' fees will be charged
based on work actually performed.
Act 6, the Act of January 30, 1974, P.L. 13, No. 6, 41 P.S. §403 et seq., and the
Homeowner's Emergency Assistance Act, Act of December 23, 1983, P.L. 395, No. 91,
35 P.S. §1680.401(c) et seq., have been complied with.
WHEREFORE, Plaintiff demands in rem judgment for foreclosure and sale of the
property against Defendant in the amount and with the per diem interest set forth in paragraph 10
above, together with interest at the rate set forth in the Note fromlthe date of judgment, and other
damages and relief as the court may deem just.
Respectfully submitted,
LAW OFFICES OF PETER E. MELTZER
AND ASSOCiAtES, P.C.
PETER E. MELTZER, ESQI~RE
VERIFICATION
I, Melissa Schaeffer, an authorized officer of Equity One, Incorporated, the loan servicer
for Chase Manhattan Bank, as Trustee for the benefit of Certificateholders of Equity One ABS,
Inc. Mortgage Pass-Through Certificates 2002-2, am duly authorized to make this Verification on
behalf of Plaintiff, and do hereby verify that the statements made in the foregoing Complaint are
true and correct to the best of my knowledge, information and belief. I further understand that
the statements therein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unswom falsification to authorities.
r~""~lgleliss~t Schaefl~D
5
SHERIFF'S
CASE NO: 2003-02573 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHASE MANHATTAN BANK
VS
WEIDENHA-MMER DOROTHY AKA DOROT
RETURN - REGULAR
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
WEIDENHA2~MER DOROTHY A/K/A DOROTHY MYERS the
DEFENDANT , at 1836:00 HOURS, on the 12th day of June , 2003
at 80 WINTER LANE
ENOLA, PA 17025
DOROTHY WEIDENHAMMER
a true
by handing to
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 9.66
Affidavit .00
Surcharge 10.00
.00
37.66
Sworn and Subscribed to before
me this ~m ~ day of
%r( A.D.
rothonotary
So Answers:
R. Thomas Kline
06/13/2003
PETER MELTZER
Deput~ Sheriff
LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
1600 Locust St., Suite 200
Philadelphia, PA 19103
(215) 545-3300
CHASE MANHATTAN BANK, AS TRUSTEE :
FOR BENEFIT OF CERTIFICATEHOLDERS :
OF EQUITY ONE ABS, INC. MORTGAGE :
PASS-THROUGH CERTIFICATES SERIES 2002-2:
c/o EQUITY ONE, INCORPORATED :
DOROTHY WEIDENHAMMER A/KdA
DOROTHY MYERS
THIS IS NOT AN
ARBITRATION CASE.
ASSESSMENT OF DAMAGES
HEARING IS NOT REQUIRED.
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO.: 03-2573 Civil Term
Praecipefor Judgment
To the Prothonotary:
Enter judgment in the sum of$116,865.05 in favor of the plaintiff CHASE
MANHATTAN BANK, AS TRUSTEE FOR BENEFIT OF CERTIFICATEHOLDERS OF
EQUITY ONE ABS, INC. Mq)RTGAGE PASS-THROUGH CERTIFICATE SERIES 2002-2
and against Defendaht DORO?HY~WEIDENHAMMER A/K/A DOROTHY MYERS because
of Defendant's failure to file a~answer within twenty (20) days of service of the Complaint, and
assess damages as follows:
Amount claimed in Complaint:
Per diem interest from 5/1/03 to and including 9/9/03:
Per diem interest from 9/10/03 at $22,51 per day:
$113,893.73
$ 2,971.32
$
REAL DEBT
$116,865.05
Attorney for Plaintiff
ASSESSMENT OF DAMAGES
AND NOW, this ~_~day of ~e.j~,,, ,/Yen_.2003, damages are assessed as above.
ProtW6notary
LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
1600 Locust St, Suite 200
Philadelphia, PA 19103
(215) 545-3300
THIS IS NOT AN
ARBITRATION CASE.
ASSESSMENT OF DAMAGES
HEARING IS NOT REQUIRED.
Attorneys for Plaintiff
CHASE MANHATTAN BANK, AS TRUSTEE :
FOR BENEFIT OF CERTIFICATEHOLDERS :
OF EQUITY ONE ABS, INC. MORTGAGE :
PASS-THROUGH CERTIFICATES SERIES 2002-2:
c/o EQUITY ONE, INCORPORATED
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO.: 03-2573 Civil Term
DOROTHY WEIDENHAMMER A/K/A
DOROTHY MYERS
To the Prothonotary:
Praecii~e for Writ of Execution
Issue writ of execution in the above matter:
~nount due: $116,865.05
Interest from judgment date: $
Costs to be added:
Attorney for Plaimiff
Legal Description attached
ALI. THAT CI~RTAIN trnct of lend ,Ituate in I~'st l~nnsbm Town~hlp, Cumberland County,
Pctmsylvanl~,, mom psnlcularly bounded and d~,¢rtbed, follow,, lo wit:
BEOINNINO at a point on tbe Soulh aide of {~,*t Manor Avnnue 803 feet from the soutl~sat corner
of East Manor Avenue and Fir,t Alley u ahown on cuneeotnd Plan of Lois of Arthur R. Rupley,
tecontnd in Deed Hook 0, Volume 6. Pala 600; thence eastwardly alonn the ~ou,hgm {lee of East
Manor Avenu~ ~0 feet to Lot l?, Block "il' on said Plan; ~ southwardly alert{ tbe latter lot, 1,50
feet to Sharon AIl~y; tbence west%val~l{y along Sharon Alley 50 feet t~ l.ut 14. {{lock "ii'; tbence
no.hwantly along Ihe latter I$0 feet to Fast Manor Avenue, thg plane of IIEOINNINO,
tiEING Lots 1~{ and 16 Block 'B" on
Page 600, Cumberland County Rgcords.
BEING THE SAME PREMISES which Robert K. Myers and Dorothy MyerS,
by their deed dated July 2, 1995 and recorded July 19, 1995, in
the office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Deed Book 125, page 367, granted and conveyed
unto Dorothy Myers n/k/a Dorothy J- Weidenhammer, Mortgagor
herein.
PA3
LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
1600 Locust St., Suite 200
Philadelphia, PA 19103
(215) 545-3300
THIS IS NOT AN
ARBITRATION CASE.
ASSESSMENT OF DAMAGES
HEARING IS NOT REQUIRED.
Attorneys for Plaintiff
CHASE MANHATTAN BANK, AS TRUSTEE :
FOR BENEFIT OF CERTIFICATEHOLDERS :
OF EQUITY ONE ABS, INC. MORTGAGE :
PASS-THROUGH CERTIFICATES SERIES 2002-2:
c/o EQUITY ONE, INCORPORATED
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO.: 03-2573 Civil Term
DOROTHY WEIDENHAMMER 3dK/A
DOROTHY MYERS
TO: Dorothy Weidenhammer a/k/a Dorothy Myers
NOTICE
PURSUANT TO RULE 236 OF THE PENNSYLVANIA RULES OF CIVIL
PROCEDURE, NOTICE IS GIVEN THAT A JUDGMENT BY DEFAULT IN THE ABOVE-
CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU.
PROTHONOTARY
If you have any questions concerning the above, please contact:
Peter E. Meltzer, Esquire
1600 Locust St., Suite 200
Philadelphia, PA 19103
215-545-3300
LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
1600 Locust St., Suite 200
Philadelphia, PA 19103
(215) 545-3300
THIS IS NOT AN
ARBITRATION CASE.
ASSESSMENT OF DAMAGES
HEARING IS NOT REQUIRED.
Attorneys for Plaintiff
CHASE MANHATTAN BANK, AS TRUSTEE :
FOR BENEFIT OF CERTIFICATEHOLDERS :
OF EQUITY ONE ABS, 1NC. MORTGAGE :
PASS-THROUGH CERTIFICATES SERIES 2002-2:
c/o EQUITY ONE, INCORPORATED :
DOROTHY WEIDENHAMMER A/K/A
DOROTHY MYERS
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO.: 03-2573 Civil Term
CERTIFICATE OF ADDRESS AND NON-MILITARY SERVICE
The undersigned hereby certifies that, upon information and belief:
Dorothy Weidenhammer affda Dorothy Myers is over 21 years of age, resides at 80
Winter Lane, Enola, PA 17025 and is employed at unknown as an unknown.
Deponent further avers that, upon information and belief, the above individual is not
within the protection of the Soldiers' and Sailors' Civil Relief Act of 1940, together with
amendments thereto.
LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
1600 Locust St., Suite 200
Philadelphia, PA 19103
(215) 545-3300
CHASE MANHATTAN BANK, AS TRUSTEE
FOR BENEFIT OF CERTIFICATEHOLDERS
OF EQUITY ONE ABS, INC. MORTGAGE
PASS-THROUGH CERTIFICATES SERIES 2002-2:
c/o EQUITY ONE, INCORPORATED :
DOROTHY WEIDENHAMMER A/K]A
DOROTHY MYERS
THIS IS NOT AN
ARBITRATION CASE.
ASSESSMENT OF DAMAGES
HEARING IS NOT REQUIRED.
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO.: 03-2573 Civil Term
CERTIFICATION TO SHERIFF
AS TO THE SALE OF REAL PROPERTY
DATE OF SALE: December 10, 2003
I hereby certify that I am the attorney for the plaintiff in this action and further certify
that this Property is:
A
LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Idemification No.: 39828
1600 Locust St., Suite 200
Philadelphia, PA 19103
(215) 545-3300
THIS IS NOT AN
ARBITRATION CASE.
ASSESSMENT OF DAMAGES
HEARING 1S NOT REQUIRED.
Attorneys for Plaintiff
CHASE MANHATTAN BANK, AS TRUSTEE :
FOR BENEFIT OF CERTIF1CATEHOLDERS :
OF EQUITY ONE ABS, INC. MORTGAGE :
PASS-THROUGH CERTIFICATES SERIES 2002-2:
c/o EQUITY ONE, INCORPORATED :
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO.: 03-2573 Civil Term
DOROTHY WEIDENHAMMER A/K/A
DOROTHY MYERS
Affidavit Pursuant to Rule 3129.1
Chase Manhattan Bank, et al., Plaintiff in the above action, sets forth as of the date that
the Pmecipe for Writ of Execution was filed the following information concerning the real
property located at 8 East Manor Avenue, Enola, PA 17025:
1. Name and address of owner(s) or reputed owner(s):
Name
Dorothy Weidenhammer
a/k/a Dorothy Myers
Address
80 Wimer Lane
Enola, PA 17025
2. Name and address of defendant(s) in the judgment:
maine
Dorothy Weidenhammer
a/k/a Dorothy Myers
Address
80 Winter Lane
Enola, PA 17025
Name and address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
Name Address
4. Name and address of the last recorded holder of every mortgage of record:
Nanle
Chase Manhattan Bank, et al.
Address
301 Lippincott Drive
Marlton, NJ 08053
Name and address of every other person who has any record lien on the property:
marne
Curnberland County Tax Claim Bureau
Address
Cumberland County Cotmhouse
One Courthouse Square
Carlisle, PA 17013
Alicia Stine, Tax Collector
98 S. Enola Drive, Room 101
Enola, PA 17025
Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
Nanle
Cumberland County Domestic Relations
Address
13 N. Hanover Street
Carlisle, PA 17013
Commonwealth of PA
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
Commonwealth of PA
Department of Revenue
1133 Strawberry Square
4th and Walnut Streets
Harrisburg, PA 17128
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:
mallle
Occupant
Address
8 East Manor Avenue
Enola, PA 17025
I verify that the statements made in this affidavit are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are subject to the
penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification t.9)authorities.
Dated: September 9, 2003 /~_~ffi///~//
Peter E. Meltzer
2
LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
1600 Locust St., Suite 200
Philadelphia, PA 19103
(215) 545-3300
CHASE MANHATTAN BANK, AS TRUSTEE
FOR BENEFIT OF CERTIFICATEHOLDERS
OF EQUITY ONE ABS, 1NC. MORTGAGE
PASS-THROUGH CERTIFICATES SERIES 2002-2:
c/o EQUITY ONE, INCORPORATED :
DOROTHY WEIDENHAMMER A/K/A
DOROTHY MYERS
THIS IS NOT AN
ARBITRATION CASE.
ASSESSMENT OF DAMAGES
HEARING IS NOT REQUIRED.
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO.: 03-2573 Civil Term
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Dorothy Weidenhammer a/k/a Dorothy Myers
Your real estate at 8 East Manor Avenue, Enola, PA 17025 is scheduled to be sold at
Sheriffs Sale on December 10, 2003 at 10:00 a.m., at the Commissioner's Hearing Room,
Cumberland County Courhouse, One Courthouse Square, Carlisle, PA 17013 to enforce the
court judgment of $116,865.05 obtained by Chase Manhattan Bank, et al. against you.
NOTICE OF OWNERS RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this SheriWs Sale you must take immediate action:
1. The sale will be canceled if you pay to Peter E. Meltzer the back payments, late
charges, costs and reasonable attorneys fees due. To find out how much you
must pay, you may contact Peter E. Meltzer at 215-545-3300.
2. You may be able to stop the sale by filing a petition asking a 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 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 below of 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
If the sheriWs sale is not stopped, your property will be sold to the highest
bidder. You may find out the bid price by calling Peter E. Meltzer at
215-545-3300.
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 the property.
The sale will go through only if the buyer pays the Sheriffthe full amount due
on the sale. To find out if this has happened, you may call Peter E. Meltzer at
215-545-3300.
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.
You have the right to remain in the property until the full amount 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.
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
Sheriffapproximately 30 days after the date of the Sheriff's 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 Sheriffwithin I0 days.
You may also have other rights and defenses, or ways of getting your house
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 TELI~PHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(800) 990-9108
(717)249-3166
2
LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
1600 Locust St., Suite 200
Philadelphia, PA 19103
(215) 545-3300
THIS IS NOT AN
ARBITRATION CASE.
ASSESSMENT OF DAMAGES
HEARING IS NOT REQUIRED.
Attorneys for Plaintiff
DOROTHY WEIDENHAMMER AYKJA
DOROTHY MYERS
CHASE MANHATTAN BANK, AS TRUSTEE :
FOR BENEFIT OF CERTIFICATEHOLDERS :
OF EQUITY ONE ABS, INC. MORTGAGE :
PASS-THROUGH CERTIFICATES SERIES 2002-2:
c/o EQUITY ONE, INCORPORATED :
:
:
:
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO.: 03-2573 Civil Term
CERTIFICATION AS TO COMPLIANCE WITH PA.R. CIV.P. 237.1
I hereby certify that I am the attorney for the plaintiff in this action and further certify
that on July 3, 2003, I caused the 10-day notice required by Pa.R.Civ. P. 237.1 to be sent to the
defendant after defendant's failure to plead to the Complaint in the above matter which was
served upon her by the Cumberland County Sheriff on Junel2, 2003, and I hereby further
certify that defendant failed to answer the Complaint or otherwise respond to the Complaint
or the 10-day notice in any way. A copy of the Proof of Mailing of the 10-day Notice.
Dated: September 9, 2003
eter E~i
Attorney for PlaintiffIai(
LAW OFFICES OF PETER E. !
.:~.~. ~,b']~. ,,~ r£~OCIATES, P.C.
...... By: Peter E, Meltzer
Identification No.: 39828
1600 Locust St., Suite 200
Philadelphia, PA 19103
(2 l 5) 545-3300
CHASE MANHATTAN BANK,
1600 LOCUST ST EE ..
SUITE 200 :j'
PHILAD -LPHIA, ! 19-1
FOR BENEFIT OF CERTIFICA
PS Form 38~7 Janua~ 2001
OF EQUITY ONE ABS~ 1NC. IV, .... '
PASS-THROUGH CERTIFICATES SERIES 2002-2:
c/o EQUITY ONE; INCORPORATED :
DOROTHY WEIDENHAMMER A/K/A
DOROTHY MYERS
To: Dorothy Weidenhammer a/k]a Dorothy Myers
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (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 BAR ASSOCIATION
2 Liberly Avenue
Carlisle, PA 17013
(717} 249-3166
(800) 990-9108
LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.Co
Dated: July 3, 2003
By:
PETER E. MELTZER, ESQUIRE
Attorneys for Plaintiff
This is an attempt by a debt collector to collect a debt. Any information obtained will be
used for that purpose.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO03-2573 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CHASE MANHATTAN BANK Plaintiff(s)
From DOROTHY WEIDENHAMMER A/K/A DOROTHY MYERS, 80 WINTER LANE,
ENOLA, PA 17025
(1) You are directed to levy upon the property of the defendant (s)and to sel! SEE LEGAL
DESCRIPTION ATTACHED.
(2) Yun are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upun an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify lfim/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount DueS113,893.73 L.L.50
Interest PER DIEM INTEREST FROM 5/1/03 TO AND INCLUDING 9/9/03 -- $2,971.32 AND PER
DIEM INTEREST DROM 9/10/03 ~ $22.51 PER DAY
Attfs Corem % Due Prothy $1.00
Arty Paid $119.66 Other Costs
Plaintiff Paid
Date: 9/11/03
(SeaD
REQUESTING PARTY:
Name PETER E. MELTZER, ESQUIRE
CURTIS R. LONG
Address: 1600 LOCUST ST, SUITE 200, PHILADELPHIA, PA 19103
Attorney for: CHASE MANHATTAN BANK
Telephone: (215) 545-3300
Supreme Court ID No. 39828
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND ~ SS:
1, Robert P. Zie~ler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which Chase Manhattan Bk tr for Benefit of Cert of Equity one ABS Inc tr is the
grantee the same having been sold to said grantee on the 10th day of Dec A.D., 2003, under and by
virtue of a writ Execution issued on the 11 th day of Sept, A.D., 2003, out of the Court of Common Pleas
of said County as of Civil Term, 2003 Number 2573, at the suit of Chase Manhattan Bk tr for Equity one
ABS Inc against Dorothy Weidenhammer aka Dorothy Myers is duly recorded in Sheriff's Deed Book
No. 261, Page 1580.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this ,~ ti~ '~ day of
~>,~.~ ~ Recorder of Deeds
Chase Manhattan Bank, as Trustee for In The Court of Common Pleas of
Benefit of Certificate Holders of Equity Cumberland County, Pennsylvania
One ABS, Inc. et al Writ No. 2003-2573 Civil Term
VS
Dorothy Weidenhammer a/k/a Dorothy Myers
David McKinney, Deputy Sheriff, who being duly sworn according to law, states
that on September 16, 2003 at 8:39 o'clock AM, 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: Dorothy Weidenhammer a/k/a Dorothy Myers, by making known unto
Dorothy Weidenhammer, personally, at 80 Winter Lane, Enola, Cun~berland County,
Pennsylvania, its contents and at the same time handing to her personally the said true
and correct copy of the same.
Gerald Worthington, Deputy Sheriff, who being duly sworn according to law,
states that on October 09, 2003 at 7:30 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 Dorothy Weidenhammer aJk/a Dorothy Myers located at 8 East Manor Ave.,
Enola, Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to the within named
defendant, to wit: Dorothy Weidenhammer a/k/a Dorothy Myers, by regular mail to her
last known address of 80 Winter Lane, Enola, PA 17025. This letter was mailed under
the date of October 8, 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, Permsylvania on December 10, 2003 at 10:00 o'clock A.M. He sold the same for
the sum of $1.00 to Attorney Peter Meltzer for Chase Manhattan Bank, as Trustee for
Benefit of Certificate holders of Equity One ABS, Inc. Mortgage Pass-Through
Certificates Series 2002-2 c/o Equity One, Incorporated. It being the highest bid and best
price received for the same, Chase Manhattan Bank, as Trustee for Benefit of Certificate
holders of Equity One ABS, Inc., Mortgage Pass-through Certificates Series 2002-2 c/o
Equity One, Incorporated of 301 Lippincott Drive, Marlton, NJ 08053, being the buyer in
this execution, paid to Sheriff R. Thomas Kline the sum of $742.43, it being costs.
Sheriff's Costs:
Docketing $30.00
Poundage 14.56
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Mileage 20.70
Levy 15.00
Surcharge 20.00
Law Journal 260.75
Patriot News 216.52
Share of Bills 28.90
Distribution of Proceeds 25.00
Sherifl's Deed 39.50
$ 742.43
Sworn and subscribed to before me
This __ day of
2004, A.D._
Prothonotary
So Answers:
R. Thomas Kline, Sheriff
Real
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
UnderAct No. 587, Approved May 16, 1929
Commonwealth of Pennsy{vania, 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
Sun~ay Patriot-News newspapers of general circulation, printed and pub(ished 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 28th day(s) of October and the 4th and 11th
day(s) of November 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.
PUBLICATION
COPY
$ A L E #55
~Mem~'pennsyt"rania"A~s°dati°nOfN°~rfes My commission expires June 6, 2006
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRiOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates
Total $ 21 6.52
Publisher's Receipt for Advertising Cost
, publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
receipt of the aforesaid notice and publication costs and certifies that the same have
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
SS.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the Coumy 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:
OCTOBER 17, 24, 31, 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 tree.
REAL F~TATE SALE NO. 55
Writ No. 2003-2573 Civil
Chase Manhattan Bank, as
Trustee for Benefit of Certificate
Holders of Equity One ABS. Inc.
Mortgage Pass-Through
Certificates Series 2002-2, c/o
Equity One, Incorporated
VS.
Dorothy Weidenhammer, a/k/a
Dorothy Myers
Atty.: Peter Meltzer
ALL THAT CERTAIN tract of land
situate in East Pennsboro Town-
ship, Cumberland County. Pennsyl-
vania, more particularly bounded
and described as follows, to wit:
BEGINNING at a point on the
South side of East Manor Avenue
80.5 feet from the southeast cot
ncr of East Manor Avenue a-nd First
Alley as shown on connected Plan
of Lots of Arthur R. Rupley, re
corded in Deed Book 0, Volume 6.
Page 600: thence eastwardly along
the southern line of East Manor
Avenue 50 lket to Lot 17. Block 'B'
on said Plan: thence southwardly
along the latter lot, 150 feet to
Sharon Alley: thence westwardly
along Sharon Alley 50 feet to Lot
14. Block "B'; thence northwardly
along the latter 150 feet to East
Manor Avenue, the place of BEGIN-
NING.
BEING Lots 15 axtd 16 Block "B"
on the P~I of &R. Rupley recorded
in Deed Book 0, Volume 6, Page
600, Cumberland County Records.
SWORN TO AND SUBSCRIBED before me this
31 .day of OCTOBER, 2003
LOIS E. SNYDER, Notary Public
C~disle Bom, Cumbefl~cl County
My Cmnmissim ~ March 5, 2005
BEING THE SAME PREMISES
which Robert K. Myers ~ad Dor-
othy Myers, by their deed dated July
2, 1995 and recorded July 19,
1995, in the Office of the Recorder
of Deeds in and for Cumberland
County, Pennsylvania, in Deed Book
125, page 367, granted and con
situate in East Pennsboro Town
ship, Cumberland County, Pennsyl
roma. more particularly bounded
amd described as lbliows, to wit:
BEGINNING at a point on the
South side of Bast M~mor Avenue
80.5 feet from the southeast cor-
ner of East Manor Avenue and First
Alley a~s shown on connected Plan
of Lots of Arthur R. Rupley, re-
corded in Deed Book 0. Volume 6.
Page 600: thence eastwardly ~long
the southern line of East Manor
Avenue 50 t~et to Lot 17, Block 'B"
on said Plan: thence southwardly
along the latter lot, 150 feet to
Sharon Alley: thence westwardly
along Sharon Alley 50 feet to Lot
14, Block "B"; thence northwardly
along the latter 150 feet to East
Manor Avenue, the place of BEGIN-
NING,
BEING Lots 15 and 16 Block 'B"
on the Pia~l of A.R. Rupiey recorded
in Deed Book 0, Volume 6, Page
600, Cumberland County Records,
BEING THE SAME PREMISES
which Robert K. Myers and Dor-
othy Myers. by their deed dated July
2, 1995 and recorded July 19,
1995, in the Office of the Recorder
of Deeds in and for Cumberland
County, Pennsylvania, ki Deed Book
125, page 367, granted and con-
veyed unto Dorothy Myers, n/k/a
Dorothy J. Weldenhammer, Mort
gagor herein.
PA3.
LOIS E, SNYDER, Notary Public
Catsle Bom, Cumbe~tand
My Commissio~ F. xp~s