HomeMy WebLinkAbout03-3216FEDERMAN AND PHELAN, LLP
By: FRANK FEDERMAN, ESQ., Id. No. 12248
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000
CHASE MANI-IATTAN MORTGAGE CORPORATION
3415 VISION DRIVE
COLUMBUS, OH 43219
Plaintiff
JENNIFER L. GRAY
105 HILL STREET
MOUNT HOLLY SRPINGS, PA 17065
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CWIL DIVISION
TERM
CUMBERLAND COUNTY
Defendant(s)
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT
A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
You have been sued in Court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintift: You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
File #: 76525
IF THIS IS THE F/RST NOTICE THAT YOU HAVE
RECEIVED FROM THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977),
DEEENDANT(S) MAY DISPUTE THE VALIDITY OF
THE DEBT OR ANY PORTION THEREOF. IF
DEFENDANT(S) DO SO IN WR/TING WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL
OBTAIN AND PROVIDE DEFENDANT(S) WITH
WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO
BE VALID. LIKEWISE, IF REQUESTED WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL
SEND DEFENDANT(S) THE NAME AND ADDRESS
OF THE ORIGINAL CREDITOR, IF DIFFERENT
FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT
UNTIL THE END OF THE THIRTY (30) DAY
PERIOD FOLLOWING FIRST CONTACT WITH
YOU BEFORE SUING YOU TO COLLECT THIS
DEBT. EVEN THOUGH THE LAW PROVIDES
THAT YOUR ANSWER TO THIS COMPLAINT IS
TO BE FILED IN THIS ACTION WITHIN TWENTY
(20) DAYS, YOU MAY OBTAIN AN EXTENSION OF
THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A
JUDGMENT UNTIL THE EXPIRATION OF THIRTY
(30) DAYS AFTER YOU HAVE RECEIVED THIS
COMPLAINT. HOWEVER, IF YOU REQUEST
PROOF OF THE DEBT OR THE NAME AND
ADDRESS OF THE ORIGINAL CREDITOR WITHIN
THE THIRTY (30) DAY PERIOD THAT BEGINS
UPON YOUR RECEIPT OF THIS COMPLAINT,
THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR
OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAlL THE REQUESTED INFORMATION TO
YOU. YOU SHOULD CONSULT AN ATTORNEY
FOR ADVICE CONCERNING YOUR RIGHTS AND
OBLIGATIONS IN THIS SUIT.
File #: 76525
Plaintiff is
CHASE MANHATTAN MORTGAGE CORPORATION
3415 VISION DRIVE
COLUMBUS, OH 43219
The name(s) and last known address(es) of the Defendant(s) are:
JENNIFER L. GRAY
105 HILL STREET
MOUNT HOLLY SRPINGS, PA 17065
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
On 04/19/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to FIRST PREFRENCE MORTGAGE CORPORATION which
mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in
Mortgage Book No. 1535, Page 593. By Assignment of Mortgage recorded 4/20/1999
the mortgage was assigned to PLA/NTIFF which Assignment is recorded in Assignment
of Mortgage Book No. 610, Page 435.
The premises subject to said mortgage is described as attached.
The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 03/01/2003 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of mortgagor to make such payments after a date specified
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
File #: 76525
The following amounts are due on the mortgage:
Principal Balance
Interest
02/01/2003 through 07/07/2003
(Per Diem $ l 0.40)
Attorney's Fees
Cumulative Late Charges
04/19/1999 to 07/07/2003
Cost of Suit and Title Search
Subtotal
$84,356.79
1,632.80
1,250.00
113,92
$ 550.00
$ 87,903.51
Escrow
Credit 0.00
Deficit 0.00
Subtotal $ 0.00
TOTAL $ 87,903.51
The attorney's fees set forth above are in conformity with the mortgage documents and
Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs
Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be
charged.
This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
This action does not come under Act 91 of 1983 because the mortgage is FHA-insured.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$ 87,903.51, together with interest from 07/07/2003 at the rate of $10.40 per diem to the date of
Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and
sale of the mortgaged property.
By:
FEDERMAN AND PHELAN, LLP
/s/Francis S. Hallinan
FRANK FEDERMAN, ESQUIRE
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File #; 76525
gLO. ?NAT CERTAIN tract of land with improvements thereon created
situate in the Borough of Mount Holly Spr/ngs, Cumberland County,
Penns3qvania, bounded and described according to a surv~ by Rolmrt I.
Fredricg .Ir., P.L.S, dated $,,ly 19,1991, (copy altached hereto) as follows,
to wit:
BI~GI~INING at a point in the center line of Hill Street at the northwestern
comer of land now or formerly ofRodney C. Keckler; thence along said
land ot'Redney C. Keclder, South 21 degrees 30 minutes East 330.00 feet to
a poinl; thence along same, South 72 degrees 00 minutes West 46.20 fi:et lo
an iro~., pin se~, thence along land now or formerly of Valley Quarries, Inc.,
lqorth 21 degrees 30 minutes West 330.00 fe~t to a point in the center line of
Hill St~t; tl~ence along the center line ofF/ill Street, North 72 degrees 00
minutes East 46.20 f~et to a point, tim Place o£Beginn!ng.
BE1N~} improved with a two story fremc dwelling house known as 105 Hill
Street, Mount Holly Springs, Pennsylvania.
BEING the same premises which Riohard B. Weary and Barbara J. Wcasy,
by deed datod February 24, 1995 and recorded in Cumberland County Deed
Book '~tolume 119, Pago 128 granted and conveyed unto JulJe A Winner,
Grantee herein.
PREI, iISES EEI~IgG : ].05 H3~LL STREET
VERIFICATION
FRA. NCIS S. HALLINAN. ESQUERE hereby states that he is anomey for Plaintiff in this
matter, tho Plaintiff is outside :he jurisdiction o f,.'he cou~ an&'or the veri?<affon could
not be obtained within :he time allowed for the filing of :he pleading, that he is
authorized to make this verification pursuant to Pa. R. C. P. I02-t ( c ). and that the
statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon
information supplied by' Plaintiff and are true and correct to the best of its knowledge.
information and belief. Furthermore. it is counsel's intention to substitute a ~eriJcation
from Plaintiff as soon as it is received by counsel.
The undersigned understands that this statemen~ is made subject ro the penalties of I~ Pa.
C. S. Sec. 4904. relating to u.nswom £alsiflcation to au~ofides.
DATE:
Fifty'is S. Hallinan. Esquire Aaomey tbr Plaintiff
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-03216 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CLrMBERLAND
CHASE MANHATTAN MORT CORP
VS
GRAY JENNIFER L
BRIAN BARRICK ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT - MORT FORE
GRAY JENNIFER L
DEFENDANT , at 2058:00 HOURS,
at 105 HILL STREET
MT HOLLY SPRINGS, PA 17065
MANCIL GRAY, FATHER IN LAW
a true and attested copy of COMPLAINT - MORT FORE
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
on the 28th day of July
the
together with
by handing to
2003
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 4.14
Affidavit .00
Surcharge 10.00
.00
32.14
Sworn and Subscribed to before
me this 6 ~ day of
~ A.D.
"~rothonotary
So Answers:
R. Thomas Kline~ -' ~
07/29/2003 ~
FEDERMANBy: &~ ~l
Deputy Sheriff
FEDERMAN AND PHELAN, LLP
By: FRANK FEDERMAN
Identification No. 12248
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215] 563~7000
CHASE MANHATTAN MORTGAGE
CORPORATION
345 VISION DRIVE
COLUMBUS, OH 43219
Plaintiff,
JENNIFER L. GRAY
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 03-3216 CML TERM
PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THEPROTHONOTARY:
Kindly emer an in rem judgrnent in favor of the Plaimiff and against JENNIFER L. GRAY and
, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof
and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows:
As set forth in Complaint
Interest from 7/7/03 to 9/5/03
TOTAL
$87,903.51
$634.40
$88,537.91
I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and
(2) that notice has been given in accordance with Rule 237.1, copy attached.
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~-~
PRO PROTHY
FEDERMAN AND PHELAN, LLP
FRANK FEDERMAN, ESQ., Id. No. 12248
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(715) 56~-7000
CHASE MANHATTAN MORTGAGE CORPORATION
Plaintiff
Vs.
JENNIFER GRAY
Defendants
ATTORNEY FOR PLAINTIFF
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: CUMBERLAND COUNTY
: NO. 03-3216 CIVIL TERM
TO:
JENNIFER GRAY
105 HILL STREET
MOUNT HOLLY SPRINGS, PA 17065
DATE OF NOTICE: AUGUST 19, 2003
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO
YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS
ENFORCEMENT OF LIEN AGAINST PROPERTY.
IMPORTANT NOTICE
You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the
court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days fi:om the date of this
notice, a Judgment may be entered against you without a hearing and you may lose your property or other nnPortant 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 fred out where you can get legal help:
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
FRANK F~ ESQUIRE
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
SHERIFF'S RETURN -
CASE NO: 2003-03216 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERL~2qD
CHASE MANHATTAN MORT CORP
VS
GRAY JENNIFER L
REGULAR
BRIAN BARRICK Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
GRAY JENNIFER L
DEFENDANT , at 2058:00 HOURS,
at 105 HILL STREET
MT HOLLY SPRINGS, PA 17065
MuA_NCIL GHAY, FATHER IN LAW
a
on the 28th day of July
by handing to
true and attested copy of COMPLAINT - MORT FORE
the
· 2003
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 4.14
Affidavit .00
Surcharge 10.00
.00
32.14
Sworn and Subscribed to before
me this day of
A.D.
So Answers:
R. Thomas Kline .....
07/29/2003 ~
FEDERMANBy: &~ ~l
Deputy Sheriff
Prothonotary
FEDERMAN and PHELAN, LLP
By: FRANK FEDERMAN
Identification No. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
{215} 563-7000
CHASE MANHATTAN MORTGAGE
CORPORATION
345 VISION DRIVE
Plaintiff,
JENNIFER L. GRAY
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 03-3216 CIVIL TERM
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 JENNIFER L. GRAY is over 18 years of age and resides at, 105
HILL STREET, MOUNT HOLLY SPRINGS, PA 17065.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unswom falsification to authorities.
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
(Rule of Civil Procedure No. 236) - Revised
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CHASE MANHATTAN MORTGAGE
CORPORATION
345 VISION DRIVE
Plaintiff,
JENNIFER L. GRAY
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CML DIVISION
NO. 03-3216 CIVIL TERM
Notice is given that a Judgment in the above-captioned matter has been entered against you on
200 .
1~: D~EPUtU~T~
If you have any questions concerning this matter, please contact:
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103 - 1814
(215) 563-7000
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PlffRPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD
NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN
AGAINST PROPERTY.**
FEDERMAN and PHELAN, LLP
By: FRANK FEDERMAN
Identification No. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
CHASE MANHATTAN MORTGAGE
CORPORATION
Plaintiff,
JENNIFER L. GRAY
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 03-3216 CIVIL TERM
CERTIFICATION
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
(X) an FHA mortgage
( ) non-owner occupied
( ) vacant
( ) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom
falsification to authorities.
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
CHASE MANHATTAN MORTGAGE
CORPORATION
Plaintiff,
Vo
JENNIFER L. GRAY
Defendant(s).
No. 03-3216 CML TERM
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
Interest from 9/5/03 to DECEMBER 10, 2003
(per diem -$14.55)
TOTAL
$88,537.91
$1,396.80 and Costs
$89,934.71
FRANK FEDERMAN, ESQUIRE
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103 - 1814
Attorney for Plaintiff
Note: Please attach description of property.No.
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land wilh improv~cmm~s tic. con crcctcd, situate iu t¢ Borough o[
tvlount Holly Springs, Curnberiaud ~llt, Pennsylvania, bounded aud described according to a Survey
by Robcr~ L Fredrick, ir., P.L.S,, dated July 19, i991, (cOpy aU. ached her~o) as follows, lo wit:
BEGINNING at a poit~t in th~ ccm,'r l~ of lti[[ ~t~'~l ~ ~e No~w~n ~m~ of ~ no~' or
fox, fly of R~ C. K~er; ~e~c along said la~ of ~y C. K~kl~, S~th 21 de~e~ 30
minu~ East 330.~ feet to a ~i~; ~ flo~ ~e, Sau~ 72 de~ ~ m~ W~ 46.20 ~
to an iron pia set; ~e~ alo~ ~ now or ~rty of Vall~ ~a~i~, ~., N~th 21 ~s 30
~au~ W~ 330,~ [~t m a ~im in t~ ~ l~ of Hill S~; ~ flnag ~a cente~ i~ of Hill
Steer, North 72 deg~ ~ ~u~a ~ 46.~ feel m a poim, ~e pla~ of ~,
TITLE TO SAID PREMISHS IS 'vESTED I]-4 lermirer L. Gray by Deed from Julie A. Witmer,
dal~l 4i19/1099 and recorded 4/20/1999 in Deed Itook 197, Page 911.
Tax Parcel g23-32-2336-348
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) N003-3216 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CHASE MANHATTAN MORTGAGE CORPORATION
Plaintiff (s)
From JENNIFER L GRAY 105 HILL STREET MOUNT HOLLY SPR/NGS PA 17065
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are cY~rected to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Dues 88,537.91 L.L.$ 0.50
Interest FROM 9/5/03 TO DECEMBER 10, 2003 (PER DIEM-S14.55) $1,396.80
Atty's Corem % Due Prothy $1.00
Atty Paid $114.14 Other Costs
Plaintiff Paid
Date: SEPTEMBER10, 2003
(Seal)
CURTIS R. LONG
Prothonotary
Deputy
REQUESTING PARTY:
Name FRANK FEDERMAN ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F KENNEDY BOULEVARD SUITE1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: (215) 563-7000
Supreme Court ID No. 12248
CHASE MANHATTAN MORTGAGE
CORPORATION
Plaintiff,
JENNIFER L. GRAY
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DMSION
NO. 03-3216 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff in the above action, by its
attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of
Execution was filed the following information concerning the real property located at ,105 HILL
STREET, MOUNT HOLLY SPRINGS, PA 17065.
1. Name and address of Owner(s) or reputed Owner(s):
Name Last Known Address (if address cannot be
reasonably ascertained, please intricate)
JENNIFER L. GRAY
105 HILL STREET
MOUNT HOLLY SPRINGS, PA 17065
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
4. Name and address of last recorded holder of every mortgage of record:
Narne
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
CHASE MANHATTAN BANK AS
INDENTURE TRUSTEE, C/O
RESIDENTIAL FUNDING CORP.
1301 OFFICE CENTER DRIVE, #200
FORT WASHINGTON, PA 19034
5. Name and address of every other person who has any record lien on the property:
NalTle
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in
the property which may be affected by the sale:
NalTle
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
105 HILL STREET
MOUNT HOLLY SPRINGS, PA 17065
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities.
September 5, 2003
DATE
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
CHASE MANHATTAN MORTGAGE :
CORPORATION :
Plaintiff, :
JENNIFER L. GRAY :
Defendant(s). :
TO:
JENNIFER L. GRAY
105 HILL STREET
MOUNT HOLLY SPRINGS, PA 17065
CUMBERLAND COUNTY
No. 03-3216 CIVIL TERM
September 5, 2003
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBTAND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS 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, 105 HILL STREET, MOUNT HOLLY SPRINGS, PA 17065, is
scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2003 at 10:00 a.m. in the Cumberland
County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of
$88,537.91 obtained by CHASE MANHATTAN MORTGAGE CORPORATION (the mortgagee)
against you. In the event the sale is continued, an announcement will be made at said sale in compliance
with Pa.R.C.P, Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: {215) 563-7000.
You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, 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
ftnd 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
Sheriffwithin ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land with improvements thereon erecR~d, sitnate in the Bolough of
Mount Holly Spring~, Cumberland C~ounly, pennsylvania, hounded and d~cribed according to a Survey
b2,' Robert 1, l:redrick. Jr., P.L.S., datec~ July 19, i991. (cOpy attached he~o) as follows, to wit:
BEGINNING at a point in the center tine of tlill Street at the Northwestern corner of [and now ar
formerly of Rodney C. Keekler; thence along said lalM of R,~dncy C. If cider, South 2I degre¢~ 30
mian~es East 330.00 feet to a point; thc:nee along .%amc, South 72 clcgrees 00 minutes We~t 46.20 feet
ro an iron piti set; thence alollg la{KC now or formert)~ of Valley ~arrie$, [,-lc., North 21 degrees 30
minutes West 330,00 feet to a point in the c.~-te~ ~ of Hill Street; thaace along the cemer line of Hill
Street, North 72 degrees 00 minu~s East 46.20 t'eet to a point~ the place of begirming.
TITLE TO SAID PREMISES IS VESTED I1'4 Jennifer L. Gray by De~d from Julle A. WJtmer,
dav~ 4/19/1999 amJ recorded a/20/1999 in Deed Book: 197, Page 911.
Tax Parcel #23-32-2336-348
FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
iDENTIFICATION NO. 12248
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000
CHASE MANHATTAN MORTGAGE
CORPORATION
VS.
JENNIFER L. GRAY
ATTORNEY FOR PLAiNTIFF
COURT OF COMMON PLEAS
CIVIL DWISION
CUMBERL~uND COUNTY
No.: 03-3216 CiVIL TERM
MOTION FOR SERVICE PURSUANT TO
SPECIAL ORDER OF COURT
Plaintiff, by its counsel, Frank Federman, Esquire, moves this Honorable Court for an
Order directing service of the Notice of Sale upon the above captioned Defendant(s) by certified
mail and regular mail to Defendant's last known address.
1. Attempts to serve Defendant with Notice of Sale have been unsuccessful, as indicated
by the Affidavit of Service attached hereto as Exhibit "A."
2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiffhas made a good faith
effort to locate the Defendant. An Affidavit of Good Faith Investigation setting forth the specific
inquiries made and the result there from is attached hereto as Exhibit "B."
WHEREFORE, Plaintiffrespectfully requests this Honorable Court enter an Order
pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Notice of Sale by
certified mail and regular mail to Defendant's last known address.
FRANK FEDERMAN, ESQUIRE
ATTORNEY FOR PLAiNTIFF
FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
DENTIFICATION NO. 12248
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000
CHASE MANHATTAN MORTGAGE
CORPORATION
VS.
JENNIFER L. GRAY
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
No.: 03-3216 CIVIL TERM
MEMORANDUM OF LAW
Pennsylvania Rule of Civil Procedure 430(a) specifically provides:
(a) If service cannot be made under the applicable rule, the plaintiff may move the Court
for a special order directing the method of service. The Motion shall be accompanied by an
Affidavit stating the nature and extent of the investigation which has been made to determine the
whereabouts of the Defendant and the reasons why service cannot be made.
Note: A Sheriffs return of"Not Found" or the fact that a Defendant has moved without
leaving a new fonvarding address is insufficient evidence of concealment. Gonzales vs. Polls,
238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known
address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa.
165, 360 A.2d 603 (1976).
An illustration of good faith effort to locate the defendant includes (1) inquires of postal
authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265,
(2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations
of local telephone directories, voter registration records, local tax records, and motor vehicle
records.
As indicated by the attached Affidavit of Service, marked hereto as Exhibit "A", the
Sheriff has been unable to serve the Notice of Sale. A good faith effort to discover the
whereabouts of the Defendant has been made as evidenced by :Ihe attached Affidavit of Good
Faith Investigation, marked Exhibit "B."
WHEREFORE, Plaintiff respectfully requests service of the Notice of Sale by certified
mail and regular mail to Defendant's last known address.
Respectfully submitted:
FRANK FEDERMAN, ESQUIRE
ATTORNEY FOR PLAINTIFF
AFFIDAVIT OF SERVICE
PLAINTIFF CHASE MANHATTAN MORTGAGE
CORPORATION
DEFENDANT(S) JENNIFER L. GRAY
SERVE JENNIFER L. GRAY AT
105 H ll ,L STREET
MOUNT HOLLY SPRINGS, PA 17065
SERVED
CUMBERLAND COUNTY
No. 03-3216 CIVIL TERM
ACCT. #1507809737 ~
Type of Action
- Notice of Sheriff's Sale
Sale Date: DECEMBER 10, 2003
Served and made known to
at , o'clock __.m., at
of Pennsylvania, in the manner described below:
Defendant, on the
day of ,200~
Commonwealth
__ Defendant personally served.
__ Adult family member with whom Defendant(s) reside(s). Relationship is
__ Adult in charge of Defendant(s)'s residence who refused to give name or relationship.
Manager/Clerk of place of lodging in which Defendant(s) reside(s).
Agent or person in charge of Defendant(s)'s office or usual place of business.
Other: an officer of said Defendant(s)'s company.
Description: Age_ Height Weight Race __ Sex --. Other
I, , a competent adult, being duly sworn according to law, depose and state that I personally handed
a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at
the address indicated above.
Sworn to and subscribed
before me this day
of ,200_.
Notary:
By:
PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED.
Onthe J7q'~
Moved
,attempt.
3rd Attempt:.
NOT SERVED
day of ~f~t~'~ [9~ r , 200~, at _~".'~-~'clock ~,m., Defendant NOT FOUND because:
Unknown __ No Answer ~ Vacant
/ / Time: : 2"a Attempt: / / Time: :
/ / Time: :
Sworn to and subscrib.,ed
before me this ~day
Nota~: ~.4 ~[-h y:
At tornev foff-Plaintiff ~
Frank Federman, Esquire - I.D. No. 12248 ~
SKN Data Research Inc.
AFFIDAVIT OF GOOD FAITH INVESTIGATION
File Number: 3-7361PA
Attorney Firm: Federman & Phelan
Subject: Jennifer Gray
Current Address: 105 Hill St. Mount Holly Springs, PA 17065
Property Address: 105 Hill St. Mount Holly Springs, PA 17065
Mailing Address: 105 Hill St. Mount Holly Springs, PA 17065
I Scott Nulty, being duly sworn according to law, do hereby depose and state as follows, I
have conducted an investigation into the whereabouts of the above-noted individual(s) and
have discovered the following:
I. CREDIT INFORMATION
A. SOCIAL SECURITY NUMBER
Our search verified the following information to be true and correct
Jennifer Gray - 196-64-7911
B. EMPLOYMENT SEARCH
Jennifer Gray - A review of the credit reporting agencies provided no employment
information.
C. iNQUIRY OF CREDITORS
On 7-7-03 our inquiry of creditors indicated that Jennifer Gray reside(s) at:105 Hill
St. Mount Holly Springs, PA 17065
II. INQUIRy OF TELEPHONE COMPANY
A. DIRECTORY ASSISTANCE SEARCH
On 7-7-03 our office contacted directory assistance which indicated that Jennifer
Gray reside(s) at: 105 Hill St. Mount Holly Springs, PA 17065. Our office made a
telephone call to the mortgagors phone number and received the following
information: 717-486-7767 spoke to Jennifer.
III. INQUIRy OF NEIGHBORS
N/A
1V. INQUIRY OF POST OFFICE
A. NATIONAL ADDRESS UPDATE
On 7-7-03 we reviewed the National Address database and found the following
information, Jennifer Gray - 105 Hill St. Mount Holly Springs, PA 17065
B. ADDITIONAL ACTIVE MAILING ADDRESSES
Per our inquiry with creditors, the following is a possihle mailing
address: no addresses on f'fle
V. MOTOR VEHICLE REGISTRATION
A. MOTOR VEHICLE & DMV OFFICE
Per the PA Department of Motor Vehicles, we were unable to obtain address
information on Jennifer Gray.
VI. OTHER INQUIRIES
A. DEATH RECORDS
As of 7-7-03 Vital Records and all public internet databases have no death record
on f'de for Jennifer Gray.
B. COUNTY VOTER REGISTRATION
The Cumberland County Voter registration has a registration for Jennifer Gray
residing at: last registered address.
C. PUBLIC LICENCES ( PILOT, REAL ESTATE, ETC.)
Our office conducted a search for public licenses and found the
following: no records on ~e
VII. ADDITIONAL INFORMATION OF SUBJECT
A. DATE OF BIRTH
Jennifer Gray -YOB 1972
B. A.K.A.
*All accessible public databases have been checked aud cross -referenced for the
above named individual(s).
*Please be advised all database information indicates the subject resides at the
current address.
The undersigned understands that this statement herein is made subject to the penalties of
18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authoril:ies.
I hereby verify that the statements made herein are true and correct to the best of my
knowledge, information and belief and that this affidavit of investigation is made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities.
AFFIANT Sc~. Nulty
SKN Data Research Inc. President
Sworn to and subscribed before me this 7~ day of ~
2003
NO-TAR~,,~PUB Li~ - _ /
Notarial Sea I
Margaret E Nulty, Notary Public
East Goshen Twp., Chester County
My Commission Expires Dec. 19, 2005
Member, Pennsylvani; Association Of Notanes
The above information is obtained from available public records
and we are only liable for the cost of the affidavit
VERIFICATION
FRANK FEDERMAN, ESQUIRE, hereby states that he is the Attorney for the Plaintiff
in this action, that he is authorized to take this Affidavit, and that the statements made in the
foregoing MOTION FOR SERVICE OF THE NOTICE OF SALE PURSUANT TO
SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information
and belief.
The undersigned understands that this statement herein is made subject to the penalties of
18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
FRANK FEDERMAN, ESQUIRE
ATTORNEy FOR PLAINTIFF
FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000
CHASE MANHATTAN MORTGAGE
CORPORATION
VS.
JENNIFER L. GRAY
ATTOR/xYEY FOR PLAiNTIFF
COURT OF COMMON PLEAS
CIVIL DIWISION
CUMBERLAND COUNTY
No.: 03-3216 CIVIL TERM
CERTIFICATION OF SERVICE
I, FRANK FEDERMAN, ESQUIRE, hereby certify that a copy of the Motion for Service
Pursuant to Special Order of Court has been sent to the individuals indicated below on
September 30, 2003.
JENNIFER L. GRAY
105 HILL STREET
MOUNT HOLLY SPRINGS, PA 17065
Date: September 30, 2003
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
ONE PENN CENTER PLAZA, SUITE 1400
PHiLADELPHIA, PA 19103
~215) 563-7000
CHASE MANHATTAN MORTGAGE
CORPORATe[ON
VS.
JENNIFER L. GRAy
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERL/~D COUNTY
No.: 03-3216 CIVIL TERM
ORDER
ANDNOW, this ~]~_~ day of tOt"~ '2003, upon consideration ofPlaintiffs
Motion and the Affidavit of Good Faith Investiga}ion attached fftereto, it is hereby ORDERED
that Plaintiff may obtain service of the Notice of Sale on the above captioned Defendant(s),
JENNIFER L. GRAY, by m~iling a true and correct copy of the. Notice of.Sale by certified mail
and regular mail to Defendants last known address. Or~J
Service of the aforementioned mailings is effective upon the date of mailing and is to be '
done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit of service.
VliXlV/\-I,,LSNN~d
ALNqO'~
AFFIDAVIT OF SERVICE
PLAINTIFF
DEFENDANT (S)
SERVE AT
CHASE MANHATTAN MORTGAGE
CORPORATION
CUMBERLAND COUNTY
No. GD 03-3216 CML TERM
JENNIFER L. GRAY Type of Action
- Notice of Sheriff's Sale
105 HILL STREET
MOUNT HOLLY SPRINGS, PA 17065 Sale Date: DECEMBER 10,i 2003
**Please post the PrOperty with the Notice of Sale BY NOVEMBER 10, 2003**
SERVED
of&~Jo~r ,200~.~atg,t]~-,o'clock~.m.,at lo,fi`/ /~// %/
Commonwealth of Permsylvaina, in the manner described below:
day
__Defendant personally served.
Adult family ~nember with who,m Defendant(s) reside(s). Relationship is
__ Adult in charge of Defendant(s) s residence who refused to give name or relationship.
__ Manager/Clerk of place of lodging in which Defendant(s) reside(s).
__ Agent or pets )n in charge of Defendant(s)'s office or usual place of business.
. · _ anofficer of said Defandant(s)'~ company.
__ C_Other: C,o ¢.
Description: Age __ Height Weight__ Race __ Sex Other
I, C_~-~,,e,~t~ L, ( ~._~ ~'~,, a competent adult, being duly swam according to law, depose and
state that I personally tosted a tree and correct copy of the Notice of Sheriff's Sale in the manner as set
forth herein, issued in 1 he captioned case on the date and at the address indicated above.
Sworn to and subscefib{ d [" NOTARIAL SE~
before me tins ay ] M._a0 TSS0N,
No : By:
NO EkVED "
i ***ATTEMPT SERVICE NLT THREE (3) TIMES***
On the day of ,200__, at __ o'clock __.m., Defendant NOT
FOUND because:
__ Moved __ Unknown__ No Answer Vacant
1 st attempt
Date & Time
Swam to and subscribe~
before me this d~y
of ,200 __.
Notary:
Attorney for Plaintiff
Frank Federman, Esq~
One Penn Center at SI
Philadelphia, PA 1910.
(215) 563-7000
,2nd attempt
Date & Time
By:
tire - I.D. No. 12248
burban Station- Suite 1400
,3rd attempt
Date & Time
2003
FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
ONE PENN CENTER !PLAZA, SUITE 1400
PHILADELPHIA, PA19103
(215) 563-7000
CHASE MANHATTAN MORTGAGE
CORPORATION
VS.
JENNIFER L. GRAY
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL D1VISION
CUMBERLANI) COUNTY
No.: 03-3216 CIVIL TERM
ORDER
AND NOW, thi ~9'44q day of (~(L~C' ,2003, upon consideration of Plaintiffs
Motion and the Affidax it of Good Faith Investigation attached thereto, it is hereby ORDERED
that Plaintiff may obtaifl service of the Notice of Sale on the above captioned Defendant(s),
JENNIFER L. GRAY,IbY mailing a tree and correct copy of the Notice of Sale by certified mail
and regular mail to De~ndant's last knownaddres§. 0.~C~ ~O-~3~l~q~ %~
Service of the aforementioned mailings is effective upon the date of mailing and is to be
done by Plaintiffs attorhey, who will file with the Prothonotary's Office an Affidavit of service.
7160 3901 9844 4121 2042
TO:
JENNIFER L. GRAY
105 HILL STR£ET
MOUNT HOLLY SPRINGS, PA 17065
SENDER: TEAM 2 JRL
REFERENCE:
PS Form 3800~ June go00
RETURN Postage
RECEIPT Certified Fee
SERVICE Return Recei~3t Fee
~7~'~Fe~sRestricted Delivery
US Postal Service
~7
2.30
0.00
0.00
Receipt for
Certified Mail
NO Insurance Coverage Provided
2,67
POSTMARK OR DATE
FEDERMAN AND PHELAN
BY: FRANK FEDERMAN
IDENTIFICATION NO. 12248
SUITE 1400 - ONE PENN CENTER
pHILADELPHIA, PA ~9103
215) 563-7000
ATTORNEY FOR PLAINTIFF
CHASE MANHATTAN MORTGAGE
CORPORATION
VS.
JENNIFER L. GRAY
CUMBERLAND COUNTY
COLrRT OF COMMON PLEAS
CIVIL DiVISION
NO, 03-3216 CiVIL TERM
I hereby certify that
matter was sent by re
person(s) JENNIFER I
SPRINGS, PA 17065,
The undersigned tm
s4904 relating to unsw,
:lerstands that this statement is made subject to the penalties of 18 PA. C.S.
~m falsificaton to authorities.
F1La~NK FEDEral, ES
ATTORNEY FOR PLAINTIFF
VERIFICATION
a true and correct copy of the Notice of Sheriffs Sale in the above captioned
gnlar mail and certified mail, return receipt requested, to the following
.. GRAY on OCTOI~F,R 9~ 2003 at 105 .HILL STREET, MOUNT HOLLY
n accordance with the Order of Court dated, OC_TI~,ILf,2Q~.
DATE: October 28, 2003
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CHASE MANHATTAN MORTGAGE
CORPORATION
VS.
JENNIFER L. GRAY
CiVIL ACTION
i)
CIVIL DIVISION
NO. 03-3216 CIVIL TERM
AFI~IDAVIT OF SERVICE PURSUANT TO RULE 3129
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
SS:
I, FRANK FEDERMAN, ESQUIRE attorney for CHASE MANHATTAN
MORTGAGE CORPORATION hereby verify that on September 11~ 2003 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.
DATE: Novembe~ 4, 2003
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
I
Z
01.500
COMMONWEALTH OF PENNSYLVANIA -~
COUNTY OF CUMBERLAND ~ SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which Chase Manhattan Mtg Corn is the grantee the same having been sold to said
grantee on the 10th day of Dee A.D., 2003, under and by virtue of a writ Execution issued on the 10th
day of Sept, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003
Number 3216, at the suit of Chase Manhattan Mtg Corp against Jennifer L Gray is duly recorded in
Sheriff's Deed Book No. 261, Page 1572.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this c~~- day of
, A'D200~j~F_~
~ ~e ~~Recorder ofDeeds
Chase Manhattan Mortgage Corporation
VS
Jennifer L. Gray
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2003-3216 Civil Term
Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states
that on September 25, 2003 at 3:11 o'clock PM, he served a true copy of the within Real
Estate Writ, Notice and Description, in the above entitled action, upon the within named
defendant, to wit: Jennifer L. Gray, by making known unto Jennifer Gray, personally, at
1462 Newville Rd., Carlisle, Cumberland County, Pennsylvania, its contents and at the
same time handing to her personally the said true and correct copy of the same.
Richard Smith, Deputy Sheriff, who being duly sworn according to law, states
that on October 10, 2003 at 9:39 o'clock A.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 Jennifer L. Gray located at 105 Hill Street, Mt. Holly Springs, 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: Jennifer L. Gray, by regular mail to her last known address of 1462
Newville Road, Carlisle, PA 17013. These letters were 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, Pennsylvania on December 10, 2003 at 10:00 o'clock A.M. He sold the same for
the sum of $1.00 to Attorney Frank Federman for Chase Manhattan Mortgage Corp. It
being the highest bid and best price received for the same, Chase Manhattan Mortgage
Corp. of 3415 Vision Drive, Columbus, OH 43219, being the buyer in this execution,
paid to Sheriff R. Thomas Kline the sum of $639.49, it being costs.
Sheriff's Costs:
Docketing $30,00
Poundage 12.54
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Mileage 8.28
Levy 15.00
Surcharge 20.00
Law Journal 209.60
Patriot News 179.17
Share of Bills 28.90
Distribution of Proceeds 25.00
Sheriff's Deed 39.50
$ 639,49
Sworn and subscribed to before me
This 2 $,~day
2004, A.D. ~othonotary ,
So Answers:
R. Thomas Kline, St~eriff
Real Estate i)eputy
THE PATRIOT NEWS
THESUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws
of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in
the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The
Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 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.
PUBLICATIONs ALE #47
';;;;'A.D.
City Of Harrisburg, Dauphin County ?'~"~
My Commission Expires June 6, 2006 NOTARY PUBLIC
Member, PennsytvanieASSCC~atJonOfNolal~es My commission expires June 6, 2006
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates
Total
$ 179.17
c
Receipt for Advertising Cost
)ublisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
of the aforesaid notice and publication costs and certifies that the same have
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L. 1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
SS.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
OCTOBER 17, 24, 31, 2003
Affiant further deposes that he is author/zed 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.
ESTATE SALE NO. 47
Writ No. 2003-3216 Civil
Chase Manhatataxl
Mortgage Corporation
VS,
denmfer L. Gray
Atty.: Frank Federman
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land
with improvements thereon erected,
situate in the Borough of Mount
Holly Springs. Cumberland County,
Pennsylvania, bounded and de
scribed according to a Survey by
Robert I. Fredrick. dr.. P.L.S,, dated
duly 19. 1991, (copy attached here-
to} as follows, to wit:
BEGINNING at a point in the cen-
ter line of Hill Street at the North-
western corner of land flow or for-
merly of Rodney C. Keekler: thence
along said land of Rodney C. Kecklen
South 21 degrees 30 minutes East
330.00 feet to a point: thence along
sa_me, South 72 degrees 00 rmnutes
~sa~~,a MarieCoyne, Edlor ('~x~'~''~
SWORN TO AND SUBSCRIBiED before me this
31 day of OCTOBER, 2003
LOIS E. SNYDER, Not~/pub~
C,~,~e 6o;o, Cumbedand County
Holly Springs. Cumberland County,
Pennsylvania, bounded and de-
scribed accorcllng to a Survey by
Robert I. Fredrick, Jr.. P,L.S.. dated
July 19, 1991, {copy attached here-
to) as follows, to wit:
BEGINNING at a point in the cen-
ter line of Hgl Street at the North
western corner of land now or for-
merly of Rodney C. Keckler; thence
along said land of Rodney C. Keel-der,
South 21 degrees 30 minutes East
330.00 feet to a point; thence along
sanle. South 72 degrees 00 minutes
West 46.20 feet to an iron pin set:
thence along land now or formerly
of Valley Quarries. Inc., North 21
degrees 30 minutes West 330.00
feet to a point in the center line ol'
Hill Street; thence along the center
line of Hill Street, North 72 degrees
00 minutes East 46.20 feet to a
point, the place of beginning,
TITLE TO SAID PREMISES IS
VESTED IN Jennifer L. Gray by
Deed from Jttlte A. Witmer. dated
4/19/1999 and recorded 4/20/
1999 in Deed Book 197, Page 911.
Tax Parcel #23-32-2336-348.
NJtarv
NO?ARIAL SEAL
LOIS E. SNYDER, Not~/public
r.,~e Bom, cumt~d~md
My ~ E~ims