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HomeMy WebLinkAbout99-05116`. <? ? ?• t Q :' J U II ^y V1 Z :o iij IA. FF I ??ua ,,, oooe;aa?a rtO161 ad ???ad3 ?9 ? c SzZa ori dw?a??d N??Hd aNd N 0.102[L BJ6 M'^ OISOLLLCL9 wl ...,,v w W[w0 [v u0 'IV931 hvis'llr FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 5) 563-7000 COURT OF COMMON PLEAS CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219-6009 TERM Plaintiff V. NO.qq MICHAEL E. JOHNS JENNIFER A. JOHNS 1436 BRIDGE STREET NEW CUMBERLAND, PA 17070 CUMBERLAND COUNTY Defendant(s) CIVIL ACTION- LAW NOTICE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Plaintiff is CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219-6009 2. The name(s) and last known address (es) of the Defendant(s) are: MICHAEL E. JOHNS JENNIFER A. JOHNS 1436 BRIDGE STREET NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 7/31/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST REPUBLIC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1397, Page 1102. By Assignment of Mortgage dated 7/31/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 553, Page 924. 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 3/1/99 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. A copy of such notice is attached as Exhibit "A." 6. The following amounts are due on the mortgage: Principal Balance $100,818.03 Interest 4,249.88 2/1/99 through 8/1/99 (Per Diem $23.48) Attorney's Fees 4,000.00 Cumulative Late Charges 193.48 7/31/97 to 8/1/99 Cost of Suit and Title Search 750.00 Subtotal 110,011.39 Escrow Credit 230.48 Deficit 0.00 Subtotal 230.48 TOTAL $109,780.91 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 Sheriffs 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. 9. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "B"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. + 10. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s) do so in writing within thirty (30) days of receipt f 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $109,780.91, together with interest from 8/1/99 at the rate of $23.48 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. /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff t..i.. ?'? CHASE t Chose Manhattan Mortgage Corporation 3415 Vslon'Diive Columbus,.., 143219-6009 1-800-848-11380 Collections 1.800-582.6542 TODIText Telephone MICHAEL E. JOHNS 1436 BRIDGE STREET NEW CUMBERLAND, PA 17070-1117 RE: Loan 01507283186 111-4.1 Loan 01507283186 CERTIFICATE OF MAILING 05/05/1999 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by 'GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (hereinafter we, us, or ours) on your property'located at 1436 BRIDGE STREET, NEW CUMBERLAND, PA 17070-0000 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $876.90 for the months;;:of MARCH, APRIL, MAY. Late and other charges 'to`date equal $144.24. The total amount now required to cure this default, or in other words, get caught up on your payments, as of the date of this letter is $2,774.94. You may cure this default within 30 DAYS of the date of this letter, by paying to us $2,774.94, plus any additional monthly payments and late charges which may fall due during this period. Payment must be made either by cashier's check, certified check, or money order, and sent:'tb-1O Box 349006, Columbus, OH 43234-9006. If you do not cure the default:`.Within 30 DAYS, we intend to exercise our right to accelerate the mortgage balance. This means that the outstanding balance, including but not limited to principal, interest, and all other outstanding charges and costs will be considered due immediately, and you may lose the 'chance to pay off the original mortgage;3t?';monthly installments. If full payment of the amount of the default is not made"W' th 30 DAYS, we also intend to instruct our attorneys to start a lawsuit to forecl e jour mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceadings;_against you, you will still have to pay the reasonable attorney's fees actu$lly,incurred, up to $50.00. Any attorney's fees will be added to whatever ou owe us, which may also include our reasonable costs. If you cure the defaul4within the thirty day period, you will not be required to pay attorney's fees."° " We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the 30 day period and foreclosure proceedings begin, you`'' i#'bave the right to cure the default and prevent the sale at any time up to$$,oonn hour before the Sheriff's foreclosure sale. You may do so by paying the 'total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). 1i EXHIBIT A OCHASE Chase Manhattan Mortgage Corporation 3415 Vision Drive Columbus, OH 43219-8009 1-800-848-8380 Collections 1-800-582.0542 TDDrrext Telephone JENNIFER A. JOHNS 1436 BRIDGE STREET NEW CUMBERLAND, PA 17070-1117 RE: Loan #1507283186 Loan P1507283186 CERTIFICATE OF MAILING 05/05/1999 NOTICE.OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (hereinafter we, us, or ours) on yuur property, located at 1436 BRIDGE STREET, NEW CUMBERLAND, PA 17070-0000 IS IN SERIOUS DEFAULT because you have not made the monthly payments of $876.90 for the months of MARCH, APRIL, MAY. Late and other charges to date equal $144.24. The total amount now required to cure this default, or in other words, get caught up on your payments, as of the date of this letter is $2,774.94. You may cure this default within 30 DAYS of the date of this letter, by paying to us $2,774.94, plus any additional monthly payments and late charges which may fall due during this period. Payment must be made either by cashier's check, certified check, or money order, and se=to',.P.O Box 349006, Columbus, OH 43234-9006. If you do not cure the default within 30 DAYS, we intend to exercise our right to accelerate the mortgage balance. This means that the outstanding balance, including but not limited to principal, interest, and all other outstanding charges and costs will be considered due immediately, and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of the default is not made with 30 DAYS, we also intend to instruct our attorneys to start a lawsuit to forecle your mortgaged property. If the mortgage is foreclosed, your mortgaged; property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actuallyt.Ancurred, up to $50.00. Any attorney's fees will be added to whatever ou owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees: "t We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured,,the`default within the 30 day period and foreclosure proceedings begin, you rAti have the right to cure the default and prevent the sale at any time up toWon hour before the Sheriff's foreclosure sale. You may do so by paying the 'total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). 11 EXHIBIT A CERTIFICATE OF MAILING ?gaas';) 4#ti r r,1 MICHAEL: *E. JOHNS 05/05/1999 Page 2 ?s It is e'simated that the earliest date that a Sheriff's sale could be held would be apprl*mately six months from the date of this letter. A notice of the date of i the Sherlff's sale will be sent to you before the sale. Of course, the amount needed to cute the default will increase the longer you wait. I You can find?out what the required payment will be by calling us Monday through Friday at 1-800-848-9380 between SAM and 5PM, Eastern Time. This payment must be by cashier's;, check, certified check, or money order, and made payable to Chase Manhattan Mortgage Corporation, Regular Mail: PO Box 9001068, Louisville, KY 40290-1068'or Overnight: 6716 Grade Lane, Building 9, Louisville, KY 40213-1407. You should realize tfiA 'a Sheriff's sale will end your ownership of the mortgaged property and your right-to remain in it. If you continue to live in the property after the Sheriff's sale, -a lawsuit could be started to evict you. You have additional rights,to help protect your interest in the property. You Have the Right to Sell:the Property to Obtain Money to Pay Off the Mortgage Debt, or to Borrow Money from Another Lending Institution to Pay Off This Debt. You May Have the Right to Sell or Transfer the Property Subject to the Mortgage to a Buyer or Transferee Who Will Assume the Mortgage Debt, Provided That All the Outstanding Payments, Charges, and Attorney's Fees and Costs Are Paid Prior to or at the Sale and That the Other Requirements Under the Mortgage Are Satisfied. Contact Us to Determine Under What Circumstances This Right Might Exist. You Have the Right to Have This Default Cured by Any Third Party Acting on Your Behalf. W?: t . You Have the Right to Reinstate After Acceleration and the Right to Assert in the Foreclosure Proceeding the Non-Existence of a Default or Any Other Defense You May Have to Acceleration and Foreclosure. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, ,you are not entitled to this right to cure your default more than three times'in any c endar year. Chase Manhattan Mortgage Corporation is attempting to collect a debt and any information obtained will be used for that purpose. Sincerely, GOVERNMENT NATIONAL MORTGAGE ASSOCIATION CHASE MANHATTAN MORTGAGE CORPORATION, AGENT Scott , Loan Counselor Default Loan Servicing Department 173A( 173)/605 11 EXHIBIT A If l:,: OCHASE 'rs Chase Manhattan Mortgage Corporation 3415 Vision Drive Columbus, Oy, 43219.8009 1-800-848-9380 Collections 1-800-582-6W TDDIText Telephone Qu-. MICHAEL E. JOHNS 1436 BRIDGE STREET NEW CUMBERLAND, PA 17070-1117 RE: Loan #1507283186 Property: 1436 BRIDGE STREET NEW CUMBERLAND;`'?PA 17070-0000 Your Mortgage is in serious default because you have failed to pay installments of principal and interest promptly, as required, for a period of at least 60 days. The total amount of the delinquency is $2,774.94. That sum includes the following: Total of monthly payments from MARCH 1999 to 6/1999 »., $ 2,630.70 Late and Other charges accrued, if any,,,, 144.24 SUB-TOTAL $ 2,774.94 TOTAL AMOUNT OF DELINQUENCY $ 2.774.94 Loan /!1507283186 CERTIFICATE OF MAILING 05/05/1999 a. Important: Notice of Homeowners' Emergency Mortgage r. 11 Assistance Act of 1983 Please read tbl9, notice. You may be eligible for financial assistance toward your mortgage payments (Esta information puede ser obtenida en Espanol) EXHIBIT B Cr CHASE x• Ch'a a Manhattan Mortgage Corporation 3415 VisloifOiive Columbus„OH 43219.6009 1-800-848-x380 Collections 1-800-582-0542 TDDlTeM Telephone V.c ?tiza Loan 1!1507283186 CERTIFICATE OF MAILING 05/0511999 a„. Important: Notice of Homeowners' Emergency Mortgage "e Assistance Act of 1983 Please read this notice. You may be eligible for financial assistance toward your mortgage payments (Esta ineo icion puede ser obtenida en Espanol) JENNIFER A. JOHNS 1436 BRIDGE STREET NEW CUMBERLAND, PA 17070-1117 RE: Loan #1507283186 Property: 1436 BRIDGE SET,. NEW CUMBERLANY;14PA 17070-0000 Your Mortgage is in serious default because you of principal and interest promptly, as required, 60 days. The total amount of;.the delinquency is That sum includes the following::., 3}_ Total of monthly payments " i' from MARCH 1999 to 6/1999;. Late and Other charges accrued, if any"4. H , SUB-TOTAL _.., ,,. TOTAL AMOUNT OF DELINQUENCY have failed to pay installments for a period of at least $2,774.94. $ 2,630.70 144.24 $ 2,/!4.94 $ 2,774.94 EXHIBIT B CERTIFICATE OF MAILING "v MICHAEe . JOHNS 05/05/1999 Page 2 Y ?.wauac A • aiuc,m aaa aaaia sauce UldL wlll prEVenL torec insure an your mort. age if you comply with the provisions of the Homeowners' Emergency Mortgagi'rAssistance Act of 1983 (the "Act"). You may be eligible for emergency temporary ass/istance if your default has been caused by circumstances beyond your control"','wand if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It .contains an explanation of your rights. Under the Act',?,;you are entitled to a temporary stay of foreclosure on your mortgage for 30 days from,the date of this Notice. During that time, you have the right to arrange a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of that meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. That meeting must occur in the next 30 days. SEE ATTACHED LIST OF AGENCIES. If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for 30 days after the date of that meeting. The name, address and telephone number of our representative is: Scott Cas teal Defaulf f''an Servicing Chase Manhattan Mortgage Corporation 3415 Vision Drive Columbus, OH 43219-6009 1-800-848-9380 It is only necessary to schedule one ffl&to-face meeting. You should advise this lender immediately of your intent ns. LL' If you have tried and are unable to resolva this problem at or after your face-to-face meeting, you have the right to -'apply for financial assistance from the Homeowners' Emergency Mortgage Assist ce Fund. In order to do this, you may fill out, sign, and file a completed] meowners' Emergency Assistance Application with the Pennsylvania Housing Finance Agency. The consumer credit counseling agency will assist you in filling cut your application. It must be You must either mail your application to the PLnllvania Housing Finance Agency, or you must file it at the office of one of the designated consumer credit counseling agencies on the attached list'. The Pennsylvania Housing Finance Agency is located at: 2101 North Front Street, PO Box 8029, Harrisburg, PA 17105. Telephone No. (717) 780-3800 or 1-800-342-2397 (toll-free number). 1 1 EXHIBIT 13 MICHAEL. JOHNS 05/05/1999 Page 3 R! ILE) ci-iasE CERTIFICATE OF MAILING Available funds for emergency mortgage assistance are very limited. They will be disbursed'by the Agency under the eligibility criteria established by the Act. ;k". every respect." The counseling agency will help you to fill out the application. The Pennsylvania Housing Finance Agency has 60 days to make a decision after it receives your application. During that additional time, no foreclosure proceedingg,,will be pursued against you if you have met the time requirements set forih;"sbove. You will be notified directly by the Agency of its decision on your application. In addition you will `receive another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose." You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, we cannot foreclose upon you during that time. Also, if you receive financial assistance from the Pennsylvania Housing Finance Agency, your home cannot be foreclosed upon while you are receiving that assistance. Sinc Az&tt erely, c^ ?? Scott Casteel Loan Counselor Default Loan Servicing Department Chase Manhattan Mortgage Corporation Telephone: 1-800-848-9380 Enclosure p:..; 173B( 173)/605 i B la?N???c 6 CARnnrI Cpf terry Economic OpPa rsly Cabinet of Schuylkill County j 118 Norweigion Street Poyysvllle. PA 17901 (717)622-:995 FAX 8717) 622-0429 Consumer Credit Counseling Service of Northwestern Pennsylvania Human Services building $41 Wyoehing Avenue Box 168 SMIN. PA 18501 (717) 342.1072 OR 1.800.922.9537 FAX 1(717) 342.8040 31 W. Market Suee4 Wi)kd.Bmle. PA t8702 (717) 821-0837 OR 1.800.922.9537 FAX N(717) 821.1785 Cossitur ter Condit Counseling Service of Lehigh Miley 3671 Cmcem Corn Ent Whitehdl, PA 18052 (215) 6524011 OR 14100320.2733 (717) & (814) ONLY FAX 11('_15) 821-0137 Commisim on Economics Opponunity of Luaeme County 211.213 South Main SIMI Wilkn-Bane. Pennsylvania 18701 (717)826-0510OR 1.800.822.0359 FAX #(717) 829.1665-CALL BEFORE FAXING (717) 4551994 HAZELTON FAX 0(717) 455.5631-CALL BEFORE FAXING (717) 8364090 TUNKHANNOC K CENTRIP COUNTY j Consumer Credit Counseling Service of Weston Pennsylvania Inc. i SOD-023rd Avenue Poet Office Box 278 Duneanxville. Pennsylvania (814)696.3546 Lyeoming-Clinton Counties Comintmon For Community Action (STEP) 2138 Lincoln Street P.O. Box 1328 Williamsport. PA 17703 (717)326-0587 FAX N(717) 322.2197 Acom Housing Corporation 846 North Broad Street Philidelphia PA 19130 (215)763.2333 FAX #('_ 15) 765.1427 AM Credit Counseling Institute 144 East Details Pike. Suite 100 King of Prussia. PA 19406 (215)354.9!? Budget Counseling Center 247 North Fib Street Reading. PA 19601 (215)375.7866 FAX #(215) 376.6575 Consumer Credit Counseling Service of Delaware Valley 1211 Chntnut Street-Suite 400 Philadelphia. PA 19107 (213)363.5665 FAX 0(215) 864.2666 Hispanic Association of Contractors & Enterprises 2921-27 Nonh 5th Street Philadelphia. PA 19133 (215)426.8025 FAX #(213)426.8027 La Caw Del Pueblo 813 W. Baltimore Pike Kennett Square. PA 19348 (215)444.3731 FAX 0(215) 444.3178 Commission on Economics Opportunity of Luzeme County 21 1213 South Main Street Wilkes-Bums. Pennsylvania 18701 (717) 826.0510 OR 1.800.822.0359 FAX N (717) 829.1665-CALL BEFORE FAXING (717)4554994 HAZELTON FAX N (717) 455.5631-CALL BEFORE FAXING (717) 8364090 TUNKHANNOCK Media Fellowship House CRAWFORD COUNTY Booker T. Washington Center 302 S. Jackson Street 173U Holland Street Media. PA 19063 Eric. PA 16503 (215) 565-0846 (814) 4535744 FAX # (814) 453.5749 Philadelphia Council For Community Advancement 100 North 1TTH Street Suite 600 Philadelphia PA 19103 (215)567.7803 FAX #(215) 963.9941 Tabor Community Services Inc. 439 E. King Street Lancaster. PA 17602 (717) 397-5182 OR 1.800.788.5062 (Homeowners only) FAX #(717) 399.4127 CLARION COUNTY Consumer Credit Counseling Service of Western Pennsylvania. Inc. YMCA Building 339 North Washington Street Buller. PA 16001 (412)282-7812 C PARF7 LD COUNTY Keystone Economic Development Corporation 1954 Mary Grace Lane Johnstown. PA 15901 (814)535.6556 FAX #(8141539.1688 Indiana County Community Acuan Program 827 Water Street. Box 187 Indiana. PA 15701 (412)465.2657 FAX 0(412) 465.51 IS Cumwner Credit Counseling Service of Wenem Pennsylvania. Inc. 500.02 3rd Avenue Pun Office Box 278 Duncansville. Pennsylvania (314) 696.3546 CLINTON COUNTY Lycoming-Climon Counties Commission Fur Cummuniy Acton (STEP) 2138 Lincoln Street P.O. Box 1328 Willie ispon. PA 17703 FAX #(717) 322--2197 COLUMBIA COUNTY Consumer Credit Counseling Service of Nonheastem Pennsylvania Human Services Building 541 Wyoming Avenue Box 168 Stanton. PA 18501 (717) 3424073 OR 1.800-922.537 FAX N (717)142.8040 31 W. Market Street Wilkes-Barre. PA 18702 (717) 921.0837 OR 1.800.922.9537 FAX N(717) 821.1785 Greater Erie Community Action Committee 18 West 9TH Street Erie. PA 16501 (814) 4594581 FAX 0(814)456.0161 John F Kennedy Center. Inc. 2031 East 20th Street Eric. Pennsylvania 16510 (814)898.0400 FAX 01814) 898.1243 Shenango Valley Urban League. Inc. 601 Indiana Avenue Farrell. PA 16121 (412)981.5310 CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania. Inc. 2000 Linglestown Road Hamsburg. PA 17102 (717)$41.1757 Financial Services Unlimited 117 West 3rd Street Waynesboro. PA 17268 (717)762.3'_85 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg. PA 17101 (717)234.5925 FAX # (717) 232.4985 YWCA of Carlisle 301 G Street Carlisle. PA 17013 (717)243.3818 FAX # (717) 243.3948 DAUPHIN COUNTY Consumer Credit Counseling Service of Western Pennsylvania. Inc. 2000 Lmgl"town Road Harrisburg. PA 17102 (717)541-1757 Urban League of Metmpolian Hamsburg 25 N. Front Street Hamsburg. PA 17101 (717) 234-5925 FAX 4 (717) 2324985 DELAWARE COUNTY Acorn Housing Corporation 846 North Broad Street Philadelphia. PA 19130 12131763-2333 FAX 4 (215) 765-1427 AM Credit Counseling Instimic 144 East Dekalb Pike. Suite 100 King of Prum.a. PA 19406 (215) 3549922 EXHIBIT B Consumer Credit Counseling Service of Delaware Valley ' 1211 Chestnut SIMISuite 400 Philadelphia. PA 19107 (215) 563-5665 FAX 0 (215) 864.2666 Hispanic Association of Commissars & Enterprises 2921.27 North 5TH Street Philadelphia PA 19133 1215)426.8025 FAX 0(215)4768027 La Caw Del Pueblo 815 W. Baltimore Pike Kennen Square. PA 19348 (115) 444.3731 FAX N (215) 4".3178 Media Fellowship House 302 S. Jackson Short Media. PA 19063 (215)56541146 Philadelphia Council For Community Advancement 100 North 17th Smet Suite 600 Philadelphia. PA 19103 (215)567.7803 FAX 0 (215) 963.9941 ELK COUNTY John F Kennedy Center. Inc. 2021 Eaet 201h Street Eric. Pennsylvania 16310 (814) 898-0400 FAX x(814)898.1243 Nonhem Ticr Community Acton Corp. 135 W. Founh Street Emporium. PA 15834 1814) 4861161 FAX 0(814)486.3370 ERIK COUNTY Booker T. Washington Center 1720 Holland Street Erie. A 16503 (814)453.5744 FAX N (814) 4533749 Greater Erie Community Action Committee IS West 9TH Street Ent. PA 16501 (814) 4594581 FAX 01814) 456.0161 John F Kennedy Center. Inc. 2021 Eau 20th Street Ent. Pennsylvania 16510 (814) 898-0400 FAX 01814)898.1243 FAYETTECOUNTY Action Housing. inc. Number Two Gateway Center 9th Floor Pituburgh,Pennsylvania 15= (412)391.1956 Community Acton Southweste m 12 West High Street Waynesburg. PA 15370 (412)85: 2893 Consumer Credit Counseling Service of Western Pennsylvania. Inc. I Nonh Gee Square #2 Garden Center Drive Gieenshurg. PA 15601 The Pennsylvania Housing Finance Agency can he reached TOLL FREE at 1 (800) 342.2397. . ALL THAT CERTAIN lot or piece of land situate In the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGiNNIINC at a point oil the southerly line of Bridge Street, which point is 25 feet cast of the southeasterly corner of 15th and Bridge Streets; thence along the southerly line of Bridge Street south 43 degrees 30 minutes east, 25 feet to a point; thence south 46 degrees 30 minutes west 150 feet to a point at the northerly line of a 16 feet wide private alley; thence along the same north 43 degrees 30 minutes west 25 feet to a puint; thence north 46 degrees 30 minutes east 150 fact to a point, the Place of Beginning. _ BEING premises known as 1436 Bridge Street. TOGLTHER with the right im use the said 16 feet wide private alley in common with other owners and occupiers abutting thereon. TIEING Ilse same premises granted and conveyed unto Gregory A. Kipp, by Deed of Roy Kipp, Executor of the Estate of Barbara Kipp, dared March 15, 1.976 and recorded March 16, 1976 in the Cumberland County Recorder of Deeds Office in Deed Dook M, Volume 26, Page 401. TfiE SAID Dorothy Kipp joins in this deed to relinquish any martial interest she may have in the said property. UNDER AND SUBJECT, nevertheless, to all other conditions and restrictions of record, 11' any. as they may appear. TOGETHER with all and singular the buildings, Improvemottts, ways, woods, waters. watercourses, rights, liberties, privileges, hereditantents and appurtenances, to the same helonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; AND ALSO all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantors boot in law rind In equity, of, in and to the premises liereim described and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described together with the Itereditantents and appurtenances unto the Grantees and to the Grantees' proper use and benefit forever. AND the Grantor covenants that, except as may be herein set forth, they do and will forever specially warrant and defcud the lands and premises, hereditaments and appurtenances hereby conveyed, against the Grunters and all other persons lawfully claiming the same or to claim the same or any part thereof, by, from or under it, thorn or any of them. In all references herein to any parries, persons, entities or corporations, the use of any particular gender or plural or singular number is intended to include tine appropriate gender or number as tine text of the within instrument may require. Wherever in this instrument any party shall be designated or referred to by name or general reference, such designation is intended to and shell have the some effect as if the words "heirs, executors administrators, personal or legal representatives, successors and assigns" had been Inserted after each and every such designation. VERIFICATION CHRIS STUMP hereby states that he is ASSITANT SECRETARY of CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he/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 his/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 authorities. DATE: -- - -S I h8.191 SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-05116 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS. JOHNS MICHAEL E ET AL R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: JOHNS MICHAEL E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE NOT FOUND as to the within named defendant JOHNS MICHAEL E DEFENDANT MOVED LEFT NO FORWARDING ADDRESS WITH P.O., RETURN NOT FOUND AS PER JASON RICCO 9/10/99. Sheriff's Costs: So answ s: Docketing 15.00 Service 11.16 NOT FOUND RETURN 5.00 Surcharge 8.00 R7 Lomas 1ne, S eri $46 09/10 AN & PHELAN Sworn and subscribed to before me this Jo day of 19!99_ A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-05116 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS. JOHNS MICHAEL E ET AL R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: JOHNS JENNIFER A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE NOT FOUND , as to the within named defendant JOHNS JENNIFER A DEFENDANT MOVED, LEFT NO FORWARDING WITH THE P.O. RETURN NOT FOUND AS PER JASON RICCO, 9/10/99. Sheriff's Costs: So aMaul Docketing 6.00 NOT FOUND RETURN 5.00 Affidavit .00 Surcharge 8.00 1?ne, 5 eri $=97= 09/EO 1999 PHELAN Sworn and subscribed to before me this /0 tAl day of 19 A.D. FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215)563-7000 Attorney for Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff VS. MICHAEL E. JOHNS JENNIFER A. JOHNS Defendants COURT OF COMMON PLEAS . CIVIL DIVISION Cumberland County . No. 99-5116-CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Date: September 13, 1999 L' ? ?_ . ? t 1 ?_ ??? _ • ?'l ?) ? ) , C- It IJ I:: V,: ? V: ? i t? (:1 ?.? FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 4 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION V. MICHAEL E. JOHNS JENNIFER A. JOHNS ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-5116 CIVIL CUMBERLAND COUNTY AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 FRANK FEDERMAN, ESQUIRE, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriff's Sale was made by sendi.ng a true and correct copy by certified mail to Defendant, JENNIFER A. JOHNS at 2001 RED BANK ROAD LOT 238 DOVER, PA 17315 which notice of Sheriff's Sale was received by Defendant, JENNIFER A. JOHNS onJANUARY 6, 2000 as evidenced by the attached return receipt. The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. s 4904 relating to unsworn falsification to authorities. Date: JANUARY 12, 2000 C FEDERMAN, SQUIRE a} :^F _i w .. .. . ? :,^ri t2' i` ?, ???; i' .. ."t x? `! t. r. : ,st. . .. y.:. ? , y+_. . a i i? 1 _ `i,. i.:?.?.: i?. -" -- ; j Ci :?? ; ; ;? ? ? ?:; ?? . ? u . ? _ n. C: ? ? `; Cj SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-05116 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS. JOHNS MICHAEL E ET AL R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: JOHNS JENNIFER A but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania. to serve the within COMPLAINT - MORT FORE (REIN) On October 12th, 1999 , this office was in receipt of the attached return from YORK County, Pennsylvania. Sheriff's Costs: So answe Docketing 18.00 Out of County 9.00 Surcharge 8.00 ?' T omas in S eri Dep. York Co 34.44 $b9o.gq FEDER & PHELAN 10/127M1999 Sworn and subscribed to before me this a7o a' day of ©e?e 19q_ A.D. ?"'r-fo--- nonocary ?? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-05116 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS. JOHNS MICHAEL E ET AL R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: JOHNS MICHAEL E but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania. to serve the within COMPLAINT - MORT FORE (REINS) On October 12th, 1999 , this office was in receipt of the attached return from YORK County, Pennsylvania. Sheriff's Costs: So aDocketing 6.00 Out of County .00Surcharge 8.00 omas eri $14.UO FEDER/MAN99& PHELAN 10/1219 Sworn and subscribed to before me this .2c'`- day 19ft?, A.D. rot i?Eary 'f SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-05116 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP vs. JOHNS MICHAEL E ET AL R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: JOHNS MICHAEL E but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania. to serve the within COMPLAINT - MORT FORE (REINS) On October 12th, 1999 , this office was in receipt of the attached return from DAUPHIN County, Pennsylvania. Sheriff's Costs: So answers: Docketing .00 Out of County 9.00 Surcharge .00 omas ine, SPieriff Dep. Dauphin Co 29.25 $38:25 FEDERMAN & PHELAN 10/12/1999 Sworn and subscribed to before me this day of 01 1999 A.D. oEhonoC a r Uv£ft?ce of r,?$hpr-ff Man Jane Sm der Ralph G, McAllister Rat]] 1::late I k]]xuy Chid' I kputg William T. Tull Michael W. Rinehart Solicitor Assistant Chict'Ikpunv Dauphin Counlc Harrisburg. Pcnnsykania 17101 ph:(717)255.2000 Ibc:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania CHASE MANHATTAN MORTGAGE CORPORATION County of Dauphin JOHNS MICHAEL Evs Sheriff's Return No. 2076-T - - -1999 OTHER COUNTY NO. 99-5116 AND NOW: October 5, 1999 at 8:27PM served the within NOTICE & COMPLAINT IN CIVIL ACTION upon i JOHNS MICHAEL E by personally handing I to DEFT 1 true attested copy(ies) of the original NOTICE & COMPLAINT IN CIVIL ACTION and making known to him/her the contents thereof at FRONT & MARKET STREET HARRISBURG, PA 17101-0000 NO LONGER LIVES AT 5927 LINGLESTOWN ROAD, HARRISBURG PA 17112. DEPUTIES MET HIM AT, FRONT & MARKET STREET, HARRISBURG PA 17101. HIS PHONE IS, DAY TIME CEL-PHONE 717-329-8579- EVENING CEL- 717-608-0156 NEW ADDRESS- 611 LOWTHER ROAD, LEMOYNE PA 17093 Sworn and subscribed to before me this 6TH day p?OCTOBER, 1999 PROTHONOTARY So Answers, Sheriff of Co By D ty Sheriff Sheriff's Costs: $29.25 PD 10/01/1999 RCPT NO 128770 TS/ET In The Court of Common Pleas of Cumberland County, Pennsylvania Chase Manhattan Mortgage Corporation VS. Michael E. Johns, et. al. Serve: Michael E. Johns NO. 99-5116 Ciy_j_1 Now,- 9/30/99 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff ofCumberlnnd County, PA Affidavit of Service Now, within upon at by handing to - a and made known to So answers, Sheriff of 19_, at o'clock M. served the copy of the original Sworn and subscribed before me this _ day of , 19 County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT the contents thereof. •. •• • • • • • • • • • • • • • • COUNTY OF YORK (1 of 2) OFFICE OF THE SHERIFF SERVICE 717)f 719 01L 28 EAST MARKET ST, YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINES 1 TO 12 DO NOT DETACH ANY COPIES. 1. PLAINTIFF/S/ 2. COURT NUMBER 99-5116 Civil Chase Manhatten Mortgage Corporation 4. TYPE OFWRIT OR COMPLAINT ..v L 111l-Vr11t/1P 411 L Michael E. Johns, et. al. Mortgage Foreclosure SERVE ( 5. NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED. OR SOLD. IA. ha T F Tohn 6. ADDRESS (STREET OR RFD WITH BOX NUMBER. APT NO.. CITY, BORO. TWP., STATE AND ZIP CODE AT ieZj-'7e>3 nk-Road bot,?38.^E3ouer? PA?13-315 u r.HOV..I u PensuN IN CHARGE .tW DEPUTIZ tPEALffi19Id O 1ST CLASS MAIL D POSTED D OTHER NOW 971`679 9 19 _ I, SHERIFF OF YQIDZCO P o hereby de a sheriff of York COUNTY to axe i.?te f cording to law. This deputation being made at the request and risk of the plaintiff. _? 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN E%PEDITING SERVICE: Cumti?&lancj:, ADVANCE FEE PD BY CUMBERLAND COUNTY SHERIFF I-l O Tai f-:. 7c -n f1: -O _ ` CA, NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN Any deputy sheriff levying upon or attaching any props" at vasrin t mey leave same without a watchman, in custody of whomever is found in possession, alter notifying parson of levy or attachment, without liability on the pan of such deputy dr a sheriff leave any Plaintiff herein for any loss, destruction, or removal of any property bnlore sheriff's sale thereof. . 9. TYPE NAME AND ADDRESS of ATTORNEY/ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11-,DATE FILED Frank Federman, Esq. 3 Two Penn Center Plaza Ste 900, Philadephia PA .19102 215-563--70"00 9/15/99 rr..T,r to be Cumberland County Sheriff SPACE BELOW FOR USE OF THE SHERIFF ONLY -DO NOT WRITE BELOW THIS LINE 13.1 acknowledge receipt of the writ SIGNATURE OF AUTHORIZED CLERK 14. Date Received 15. ExpiraborigMUCS1 or complaint as indicated above. B. FeeseC 9/17/99 10/15/99 16.HOW SERVED: PERSONAL( I RESIDENCE ( I POSTED( I POE ( 1 SHERIFF'S OFF I I OTHER 1 I SFr =1,i..ve ? (10 7/11 24. 37. Notary Can. 138. 31. or 41.AFFIRMED antl subscribed to 1 Gem 44. Signature of -- 47.Date RIAL 'DEAL 45. Signature of York 42. day of wr PIA?? 17 -- 6,_ cz z 49. Date County Sheri" YOrk, er o t 43. /EMM -G, WILLIAM M. HOSE, SHERIFF 9/24/99 - --- - Pro ^-r-y?Gry Au 46. Signature of oreign 49. Date MY OMMI SI N EXPIRES 1y a County Sheriff _ 50.1 ACKNOWLEDGE RECEIPT F THE SHERIFF'S RETURN SIGNATURE 51. Dal. Received OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Affomey 3. CANARY - Sheriffs Office 4. BLUE - Sheriff's Office EX- W,FC AD?i?uo r'h L.rP(I n. ?<.? id Sq?l L4;,LLCSTV?1^ Fn. NACCY?gvTL •. u? • • • • ® • • • • • • • • • COUNTY OF YORK Iz of z, OFFICE OF THE SHERIFF 5 7? 7) f77f 9601E 28 EAST MARKET ST, YORK, PA 17401 • SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINES 1 TO 12 1 DO NOT DETACH ANY COPIES. 1. PLAINTIFF/S/ 2.000RTNUMBER99-5116 Civil Chase Manhatten Mortgage Corporation 4. TYPE OF WRIT OR COMPLAINT 3. DEFENDANT/SI Notice/Complaint Michael E. Johns, et. al. Mortgage Foreclosure SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED, OR SOLO. Jennifer A. Johns 6. ADDRESS (STREET OR RFD WITH BOX NUMBER, AP7 NO., CITY BORO, TWP., STATE AND ZIP CODE AT 2001 Red Bank Road, Lot 238, Dover, PA 17315 1L O PERSON IN CHARGE XI DEPUTIZECum btamtaald 01 ST CLASS 19 I, SHERIFF OF CO P o hereby COUNTY to ex and A re made at the request and risk of the plaintiff. S. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: r Cumbe=lando T -rt I-' ?_? frl n O -_3 -U rn o Tm NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under-within yn leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the pan of sucij deputy el Me sliferiH to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. -.1 9. TYPE NAME AND ADDRESS of ATTORNEWORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. ATE FILED Frank Federman, Esq. 9/15/99 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed it notice Is to be malleo) Cumberland Countv Sheriff 13.1 acknowledge receipt of the writ -- "°'°-,.'' or complaint as indicated above. B. Feeser 16.HOW SERVED: PERSONAL (4 RESIDENCE M POSTED( I 17. U I hereby caddy and return a NOT FOUND because I am unable to locale the nd,, 1B. AME AND TITLE OF INWVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHI LT - UU IVV I Wr11I C OCL.UW 1111M LING 9K 1 14. Date Received 15. Expeabori? (e 9/17/99 10/15/99 POE ( ) SHERIFF'S OFF ( ) OTHER ( ) SEE REMARKS rpany, corporation, etc, named above. (See remarks below.) WE (Relationship to Defendant) 19. Date of Service 20. Time of Service 0 _ 4n G - 1I n A i 1. WHITE - Issuing Authority 2. PINK - Anomey 3. CANARY - Sheriff's Office 4. BLUE -Sheriff's Office FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Two Penn Center Plaza - Suite 900 Philadelphia, PA 19102 (215) 563-7000 Chase Manhattan Mortgage Corporation 3415 Vision Drive Columbus, OH 43219 Plaintiff VS. Michael E. Johns 611 Lowther Road Lemoyne, PA 17043 Jennifer A. Johns 2001 Red Bank Road Lot 238 Dover, PA 17315 Defendant(s) Attomey for Plaintiff : Cumberland COUNTY :COURT OF COMMON PLEAS : CIVIL DIVISION NO. 99-5116 Civil PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enterjudgment in favor of the Plaintiff and against Michael E. Johns and Jennifer A. Johns, 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 $109,780.91 Interest 8/1/99 to 11/16/99 $2,535.84 TOTAL $112,316.75 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, c y attached. FRANK FEDERMAN, ESQUIRE Attomey for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: i I lX 4 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA Tt' I{ F ILL BE USED FOR THAT PURPOSE.. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND HI D WAS NOT REAFFIRMED, THIS CORRESPONIIENCF. IS NOT AND SHOULD NOT HE CONSTRUED TO BE AN ATTEMPT OLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. •` FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE MANHATTAN MORTGAGE COURT OF COMMON PLEAS CORPORATION Plaintiff . CIVIL DIVISION Vs. MICHAEL E. JOHNS JENNIFER A. JOHNS Defendant(s) TO: MICHAEL E. JOHNS 611 LOWTHER ROAD LEMOYNE, PA 17043 DATE OF NOTICE: OCTOBER 26, 1999 . CUMBERLAND COUNTY NO.99-5116-CIVIL THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 ENFORCEMENT OF A 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 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 BAR ASSOCIATION Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE MANHATTAN MORTGAGE COURT OF COMMON PLEAS CORPORATION Plaintiff VS. CIVIL DIVISION . CUMBERLAND COUNTY MICHAEL E. JOHNS JENNIFER A. JOHNS Defendant(s) TO: JENNIFER A. JOHNS 2001 RED BANK ROAD LOT 238 DOVER, PA 17315 DATE OF NOTICE: OCTOBER 26, 1999 NO.99-5116-CIVIL THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 ENFORCEMENT OF A 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 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 BAR ASSOCIATION Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 Chase Manhattan Mortgage Corporation Plaintiff VS. Michael E. Johns Jennifer A. Johns Defendant(s) Attorney for Plaintiff : Cumberland COUNTY : Court of Common Pleas : CIVIL DIVISION NO. 99-5116 Civil 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 Michael E. Johns is over 18 years of age and resides at 611 Lowther Road, Lemoyne, PA 17043. (c) that defendant Jennifer A. Johns is over 18 years of age, and resides at 2001 Red Bank Road, Lot 238, Dover, PA 17315 This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. /2z 1&4" FRANK FEDERMAN Attorney for Plaintiff (Rule of Civil Procedure No. 236 - Revised) Chase Manhattan Mortgage Corporation Plaintiff VS. Michael E. Johns Jennifer A. Johns : Cumberland COUNTY : Court of Common Pleas CIVIL DIVISION NO. 99-5116 Civil Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on November 1999. By Cb DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN ESQUIRE Attorney for Filing Party SUITE 900 TWO PENN CENTER PLAZA PHILADELPHIA. PA 19102 (215)563-7000 **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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ?lr m FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Vs. MICHAEL E. JOHNS JENNIFER A. JOHNS . NO. 99-5116 CIVIL 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: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (XX) 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. 2 F K FEDER ESQUIRE Attorney for Plaintiff } n C\l aiJ _ LL, r CJ CA =J CA U CHASE MANHATTAN MORTGAGE CORPORATION VS. MICHAEL E. JOHNS JENNIFER A. JOHNS CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-5116 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY December 3, 1999 TO: MICHAEL E. JOHNS JENNIFER A. JOHNS 611 LOWTHER ROAD 2001 RED BANK ROAD LEMOYNE, PA 17043 LOT 238 1436 BRIDGE STREET DOVER, PA 17315 NEW CUMBERLAND, PA 17070 "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, 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 1436 BRIDGE STREET NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriff's Sale on MARCH 1. 2000 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $112,316.75 obtained by CHASE MANHATTAN MORTGAGE CORPORATION (the mortgagee) against you. If the sale is postponed, the property will be relisted for the JUNE 7. 2000 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE-TO-PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 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.) 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 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the SHeriff and will be made available for inspection in his office. The 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 filing of the proposed schedule. 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 ATORNEY REFERRAL CUMBERLAND COUNTY BAR ASOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN lot or piece of land Situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Southerly line of Bridge Street, which point is 25 feet East of the Southeasterly corner of 15th and Bridge Streets; thence along the Southerly line of Bridge Street South 43 degrees 30 minutes East, 25 feet to a point; thence South 46 degrees 30 minutes West 150 feet to a point at the Northerly line of a 16 feet wide private alley; thence along the same North 43 degrees 30 minutes West 25 feet to a point; thence North 46 degrees 30 minutes East 150 feet to a point, the place of beginning. BEING premises known as 1436 Bridge Street. TOGETHER with the right to use the said 16 feet wide private alley in common with other owners and occupiers abutting thereon. Tar Parcel # 26-23-0541-178 TITLE TO SAID PREMISES IS VESTED PI Michael E. Johns and Jennifer A. Johns, husband and wife by Deed from Gregory A. Kipp and Dorothy Kipp, husband and wife dated 7/30/97, recorded 8/6/97, in Deed Book 162, Page 400. } ? N Y N 1 ?.. l Lam.: ' q'LJ 1 t L .• :. 11 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 31W3183 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff Vs. MICHAEL E. JOHNS JENNIFER A. JOHNS TO THE DIRECTOR Issue writ of Amount Due Interest f3 3/1/00 (PER DIEM - $114.218.13 Total /tq F'TK FEDER , ESQUIRE TW PENN CE ER PLAZA SUITE 900 PHILADELPHIA, PA 19102 Attorney for Plaintiff Note: Please attach description of property. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 99-5116 CIVIL YRAF.CR'E FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) Defendant(s) OF THE OFFICE OF THE PROTHONOTARY: execution in the above matter: 5112.316.75 -om 11/18/99 to $ 1.901.38 and Costs $18.46) i q co Ol m 14 F a H H U ID 01 01 z ? z 0 o H W ?+ 2 aa, m a °u a w U O 0Q0 E- F O? xW F? W U a? 0y a r4 aW H . h ?O U W y w o O ? F o ?w a°1o Ot w 99 dw a ro v w ?4 0 as M V H 4) nM °1 aaa acoa O N (]? aF01 19 W °a a) o gas oW H 'o w ..q Npq "a v N H 10 0 o A,' N 4 DESCRIPTION ALL THAT CERTAIN lot or piece of land Situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Southerly line of Bridge Street, which point is 25 feet East of the Southeasterly corner of 15th and Bridge Streets; thence along the Southerly line of Bridge Street South 43 degrees 30 minutes East, 25 feet to a point; thence South 46 degrees 30 minutes West 150 feet to a point at the Northerly line of a 16 feet wide private alley; thence along the same North 43 degrees 30 minutes West 25 feet to a point; thence North 46 degrees 30 minutes East 150 feet to a point, the place of beginning. BEING premises known as 1436 Bridge Street. TOGETHER with the right to use the said 16 feet wide private alley in common with other owners and occupiers abutting thereon. Tax Parcel k 26-23-0541-178 TITLE TO SAID PREMISES IS VESTED IN Michael E. Johns and Jennifer A. Johns, husband and wife by Deed from Gregory A. Kipp and Dorothy Kipp, husband and wife dated 7/30/97, recorded 8/6/97, in Deed Book 162, Page 400. , z U.1 ri- 13 0 ?- G -- 01? o` Q MJ - ?t? v o: c?? ?? 7 4 CHASE MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION vs. MICHAEL E. JOHNS JENNIFER A. JOHNS NO. 99-5116 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHASE MANHATTAN MORTGAGE CORPORATION , Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1436 BRIDGE STREET, NEW CUMBERLAND PA 17070 1. Name and address of Owner (s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) MICHAEL E. JOHNS 611 LOWTHER ROAD LEMOYNE, PA 17043 JENNIFER A. JOHNS 2001 RED BANK ROAD LOT 238 DOVER, PA 17315 2. Name and address of Defendant (s) in the judgment: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and 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 so indicate) UGI UTILITIES 225 MORGANTOWN ROAD READING. PA 19612 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE 5 NONE 6 NONE 7 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 so indicate) 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 so indicate) Name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NAME TENANT/OCCUPANT DOMESTIC RELATIONS OF CUMBERLAND COUNTY LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) 1436 BRIDGE STREET NEW CUMBERLAND. PA 17070 13 NORTH HANOVER STREET CARLISLE. PA 17013 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 unsworn falsification to authorities. December 3. 1999 DATE F/ K FEDE MAN, ESQUIRE Attorney £ror Plaintiff N Tom ) L - fl G U ON CU Y ?' r i_• ? t ] ? i '.: i ?? c:> J ?? ? ? rA' ' ! IUU(? 1 CHASE MANHATTAN MORTGAGE CORPORATION V. MICHAEL E. JOHNS JENNIFER A. JOHNS 611 LOWTHER ROAD LE MOYNE,PA 17043 Defendant(s) CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS ORDER CIVIL DIVISION NO. 99.5116 CIVIL AND NOW, this is day of 17c C , 2000 after consideration of Plaintiff's Motion for Special Service, it is hereby: ORDERED that no further advertising or additional notice to lienholder or Defendant(s) is required; and, ORDERED that pursuant to Pa. R.C.P. 430(:), service of the Notice of Sale is permitted on Defendant(s) MICHAEL E. JOHNS by: REGULAR MAIL AT MICHAEL E. JOHNS LAST KNOWN ADDRESS / CERTIFIED MAIL AT MICHAM. E. JOHNS LAST KNOWN ADDRESS tloc:,11rv(r TIJz 1'kcw2tlY BY THE COURT: o ., • is ??,,,??? J. -,..: e FEDERMAN AND PHELAN By: Frank Federman, Esquire Attorney I.D. No.: 12248 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff : V. MICHAEL E. JOHNS JENNIFER A. JOHNS 611 LOWTHER ROAD LE MOYNE,PA 17043 Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-5116 CIVIL Defendant(s) MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Federman and Phelan, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant MICHAEL E. JOHNS by certified mail and regular mail to the defendant's last known address, and in support thereof avers the following: A Sheriffs Sale of the mortgaged property involved herein has been scheduled for MARCH 1,2000. 2. Attempts to serve Defendant with the Notice of Sale have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". 3. Plaintiff attempted to serve the Defendant(s) via certified mail at 611 LOWTHER ROAD LE MOYNE, PA 17043, Mail was returned stating ..moved left no forwarding address by the U.S. Post Office and is attached hereto as Exhibit"A". 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant MICHAEL E. JOHNS An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale in accordance with Pa.R.C.P. 430 by certified and regular mail to Defendants last known address. FETURN PoTTFDF RECEIPT RES?wLtED DEIIYERY (u SERVICE CERTWIED FEE • REIIPIN RECEIPT Ea TO RCSTG PAW FEES r'9 SENT TO : I'M FORINTERRmDRFI EOM, m ur ti is? iF CC 4 2000 \ PS FORM 3800 US Postal Service Receipt for Certified Mail ............. MICMEL F. JOHNS 1436 B.RIDCE STREET NEW CU??B..RLI tD, PA 1707 Q JAN v' ru Cc ra m ti S M1 Cr EL P011E ENED DELIVERY ?RECE,RIINT ERVCE DERi6?ED FEE • FE, RECEIPT 1Di4 PoSTFGE FND FEES SENT Td7-1 NoT FOnTITiTew dTUE NFE. HICHAEL E. JOHNS 611 LOWTHER ROAD LEKOYAE, PA 17043 POSTMARK OR DATE R W G S ??v Q ASPS ? ? i FORM 3800 US Postal Service Receipt for Certified Mail g A EXHIBITA C't f fW ILI 11 o - W w N H W m 1 [I:, m N l Ir W cr ri s a a UU), o R h wO Q$ oQ: . Na? Wwo LU OWN0 < 4 2 C irk GN G} OQW y LL CL. N Z U y O? w a ti S 2W ` WW , O 0 _ . I a 1 i 64*bj,l-,A ul? PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: 99-5116CIVIL Attorney Firm: TRACK STARS Case Number: Subject: MICHAEL E JOHNS A.K.A.: None Property Address: 1436 BRIDGE STREET NEW CUMBERLAND, PA 17070 Last Known Address: 611 LOWTHER ROAD LE MOYNE, PA 17043 Last Known Number. (717) 770.0754 Michael K Gross, being duly sworn according to law, deposes and says: 1. 1 am employed in the capacity of President for Players National Locator. 2. On 01/21/2000, 1 conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION - rr A SOCIAL SECURITY NUMBER: 059-56-1132 B. EMPLOYMENT SEARCH: Unable to locate a good employer for Michael. C. INQUIRY OF CREDITORS: The creditors Indicated that Michael is living at 611 Lowther Road, LeMoyne, Pa. 17043 with a home phone number of 717-770-0754. One creditor stated Michael is using 5927 Linglestown Road, New Kingstown, Pa. 17072. INQUIRY OF TELEPHONE COMPANY - A DIRECTORY ASSISTANCE SEARCH: The home phone number for Michael Johns is 717-770-0754 registered at 611 Lowther Road, LeMoyne, Pa. 17043. Called the home number and spoke with Michael who confirmed he is living at this address. a INQUIRY OF NEIGHBORS - NIA ?. INQUIRY OF POST OFFICE - A. NATIONAL ADDRESS UPDATE: As of January 18, 2000 the National Change of Address (NCOA) has no death record on file for Michael from last known address. MOTOR VEHICLE REGISTRATION - A. MOTOR VEHICLE & DMV OFFICE: The Pennsylvania Department of Drivers Licensing has Michael listed at last known address. OTHER INQUIRIES - A. DEATH RECORDS: As of January 18, 2000 the Social Security Administration has no death record on file for Michael E Johns under his social security number. B. PUBLIC LICENSES (PILOT. REAL ESTATE, ETC.): None Found C. COUNTY VOTER REGISTRATION: The Cumberland County Voters Registration Office has Michael listed at last known address. ADDITIONAL INFORMATION ON SUBJECT - A. DATE OF BIRTH: 1972 AFFIANT Michael K Gross -? " NOT AR, SE, L Subscribe nd sworn to before me on 01!21/2000 Kristine Public J?, St. Louis COU,9i., $j •e-,t p Iissouri SLUG/L1/I? / /??? t'IY CamnVs :',', c.rs `12,'2002 Players National Locator 16201 Westwoods Business Park Drive St. Louis, MO 63021 Phone: (314) 230-9922 Fax: (314) 230-0558 EXHINT *3ro E*Iu qua FEDERMAN AND PHELAN By: Frank Federman, Esquire Attorney I.D. No.: 12248 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff V. MICHAEL E. JOHNS JENNIFER A. JOHNS 611 LOWTHER ROAD LE MOYNE,PA 17043 Defendant(s) Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-5116 CIVIL PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure 3129, it is now necessary in a foreclosure action for the Sheriff to serve upon the Defendant(s) Notice of the Sale of the mortgaged premises. Pa.R.C.P. 3129(b)(2) provides in part: (2) The written notice prepared by the Plaintiff shall contain the same information as the handbills or may consist of the handbill and shall be served by the Sheriff at least thirty (30) days before the Sale on all persons whose names and addressed are set forth in the affidavit required by subdivision (a). The Plaintiff shall direct the Sheriff to make service either: (i) in the manner prescribed by Rule 402 for the service of original process upon a Defendant. (ii) or by mailing a copy... Because the Defendant(s)' whereabouts are unknown, a reasonable investigation of the whereabouts was made in accordance with Pa. R.C.P. 430(a). Pa.R.C.P. 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the Plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant(s) and the reasons why service cannot be made. Note: A Sheriff's return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs.Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to 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 (l) inquiries 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 Sheriff's Return 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(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P. 430 by certified and regular mail to Defendants last known address . Respectfully submitted, AND PHELAN By: PgANK FEDERMAN, ESQUIRE Attorney for Plaintiff VERIFICATION FRANK FEDERMAN, ESQUIRE, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take the verification and that the statements made in the foregoing Motion for Service of Notice of Sale pursuant to Special Order of Court are true and correct to the best of his knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authorities. Date: / -" 6 - d d FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MICHAEL E. JOHNS 611 LOWTHER ROAD LE MOYNE, PA 17043 JENNIFER A. JOHNS 2001 RED BANK LOT 236 DOVER, PA 17315 Chase Manhattan Mortgage Corporation -vs- Michael E. Johns and Jennifer A. Johns In the Court of Common Pleas of Cumberland County, Pennsylvania No.99-5116 Civil R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is returned STAYED. Sheriffs Costs: Docketing 30.00 Poundage 11.95 Posting Bills 15.00 Advertising 15.00 Law Library .50 County 1.00 Mileage 20.46 Certified Mail 13.32 Levy 15.00 Postpone Sale 20.00 Out of County 9.00 York County 39.50 Surcharge 24.00 Share of Bills 25.08 Law Journal 260.75 Patriot News 109.05 $ 609.61. Pd By Atty 02-22-00 So answers: Sworn and subscribed to before me R. Thomas Kline, Sheriff This ao Nay of )NLo ? 1999, A.D. Q, yKa L. BY -Prothonotary Real Estate Deputy i.?v crz.2 -7 Y;Z7 120', ti.3o-zv CHASE MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Vs. MICHAEL E. JOHNS JENNIFER A. JOHNS NO. 99-5116 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHASE MANHATTAN MORTGAGE CORPORATION , Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1436 BRIDGE STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of owner (s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) MICHAEL E. JOHNS 611 LOWTHER ROAD LEMOYNE, PA 17043 JENNIFER A. JOHNS 2001 RED BANK ROAD LOT 238 DOVER, PA 17315 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and 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 so indicate) UGI UTILITIES 225 MORGANTOWN ROAD READING, PA 19612 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE x s 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 so indicate) NONE 6 NONE 7 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 so indicate) Name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NAME TENANT/OCCUPANT DOMESTIC RELATIONS OF CUMBERLAND COUNTY LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) 1436 BRIDGE STREET NEW CUMBERLAND. PA 17070 13 NORTH HANOVER STREET CARLISLE. PA 17013 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 unsworn falsification to authorities. December 3, 1999 DATE F K FEDE MAN, ESQUIRE ttorney y or Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION MICHAEL E. JOHNS JENNIFER A. JOHNS NO. 99-5116 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY December 3, 1999 TO: MICHAEL E. JOHNS JENNIFER A. JOHNS 611 LOWTHER ROAD 2001 RED BANK ROAD LEMOYNE, PA 17043 LOT 238 DOVER, PA 17315 1436 BRIDGE STREET NEW CUMBERLAND, PA 17070 **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, 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 1436 BRIDGE_ STREET, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriff's Sale on MARCH 1. 2000 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $112,316.75 obtained by CHASE MANHATTAN MORTGAGE CORPORATION (the mortgagee) against you. If the sale is postponed, the property will be relisted for the JUNE 7. 2000 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 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. I I' 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.) 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 1215) 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the SHeriff and will be made available for inspection in his office. The 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 filing of the proposed schedule. 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 ATORNEY REFERRAL CUMBERLAND COUNTY BAR ASOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN lot or piece of land Situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Southerly line of Bridge Street, which point is 25 feet East of the Southeasterly corner of 15th and Bridge Streets; thence along the Southerly line of Bridge Street South 43 degrees 30 minutes East, 25 feet to a point; thence South 46 degrees 30 minutes West 150 feet to a point at the Northerly line of a 16 feet wide private alley; thence along the same North 43 degrees 30 minutes West 25 feet to a point; thence North 46 degrees 30 minutes East 150 feet to a point, the place of beginning. BEING premises known as 1436 Bridge Street. TOGETHER with the right to use the said 16 feet wide private alley in common with other owners and occupiers abutting thereon. Tax Parcel X 26-23-0541-178 TITLE TO SAID PREMISES IS VESTED IN Michael E. Johns and Jennifer A. Johns, husband and wife by Deed from Gregory A. Kipp and Dorothy Kipp, husband and wife dated 7/30/97, recorded 8/6/97, in Deed Book 162, Page 400. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-5116 CIVIL 19X Term COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Chace Manhattan Mortgage Corporation from Michael E. Johns, 611 Lowther Road, Lemoyne, PA 17043 and Jennifer A. Johns, 2001 Red Bank Road, Lot 238, Dover, PA 17315 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Property 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/are 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 uponansubject to attachment isfound inthe possessionof anyoneother than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$112.316.75 _ L.L. Interest from 11/18/99 t0 3/1/00 Due Prothy Atty's Arty Paid e954 AS Plaintiff Paid $.50 $1.00 Other Costs Date: tlacamhar 7. 1999 Curtis R. Long Prothonotary, Civil Division Deputy REQUESTING PARTY: Name Frank Federman, Esq. Two Penn Center Plaza Address: nnn Philadelphia, PA 19102 Attorney for: Plaintiff Telephone: 91 9-56'2-70n o Supreme Court ID No. 1 7948 On I3, /949 Interest in the real "'1?on t;3A deer„iw:. proporty situate:, i i.? Cumherl anal County, Pa. kn as: ?'? -• C!, ??t)fi ?? i it t:, and by t; id r r: ,,:• :? •,;.. -9 G-7 G? 0 0 i y' AFFIDAVIT OF SERVICE PLAINTIFF Chase Manhattan Mortgage Corporation DEFENDANT(S) Jennifer A. Johns SERVE AT 2001 Lowther Road Lot 238 Dover, PA 17315 NOTE: THIS SERVICE IS IN YORK COUNTY. SERVED Cumberland County No.99-5116 Civil Type of Action Notice of Sheriffs Sale Sale Date: September 6, 2000 Served and made known to TFA)A)iFEi2 4. Lc?dAJS Defendant, on the / day of "% a" , 200E at 9 o'clock L.m., at _Z0Q/ ,, co f??yl? Q ?? g f ?UT ?3 4 , 26f6/L .104. nA, Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. _LLAdult family member with whom Defendant(s) reside(s). Relationship is /?lirira fH us-USBri Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age _ Height _ Weight- Race _ Sex _ Other 1, _-P22eq2,_rY %-?? , a competent adult, being duly sworn according to law, depose and state that 1 personally handed a true and correct cupy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated abo Swum to and subscribed NOTARIAL SEAL SHIRLEYA. STRAKA, Not before me is. d Exeter T Be my Public of t ty?E , 200 U ks County, Notary'.k? is$ fission E St.200 004 NOTSERVED On the day of , 200, at o'clock _.m., Defendant NOT FOUND because: - Moved _ Unknown _ No Answer Vacant Other: Swom to and subscribed before me this _ day of , 200 Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102 (215)563-7000 t?? ?- U 'i C`w _ ... i? ?r i /, , _ ,)'J N G7 i% i'r '] ?2 - r ? U 4 2000 J1 FEDERMAN AND PHELAN by: Lisa D. Blankenburg, Esquire Atty. Z.D. No. 78020 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102-1799 CHASE MANHATTAN MORTGAGE CORPORATION Va. MICHAEL E. JOHNS JENNIFER A. JOHNS ATTORNEY FOR PLAINTIFF t CUMBERLAND COUNTY t COURT OF COMMON PLEAS t CIVIL DIVISION t NO. 99-5116 CIVIL PRAECIPH FOR RULE TO SHOW CAUSE TO THE PROTHONOTARY: Kindly enter a Rule upon MICHAEL E. JOHNS & JENNIFER A. JOHNS, Defendant(s) to show cause why the attached order for Reassessment of Damages should not be entered. ?ro Lisa D. Blankenburg, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN by: Lisa D. Blankenburg, Esquire Atty. I.D. No. 76020 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102-1799 CHASE MANHATTAN MORTGAGE CORPORATION Vs. MICHAEL E. JOHNS JENNIFER A. JOHNS RULE ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS I CIVIL DIVISION , NO. 99-5116 CIVIL AND NOW, this day of R I S s{ Z. o O 0 a Rule is entered upon MICHAEL E. JOHNS & JENNIFER A. JOHNS, Defendant(s) to show cause why the attached order for Reassessment of Damages should not be entered. wM IN 2- a. ? > ) S tL1 SCju IGC . RULE RETURNABLE the day of BY THE COURT: Cde V00,0? * O FLOC 4 FiGc 00AUG-8 AMI1:37 CUMSEkI AND CUUNN PENNSYLVANIA FEDERMAN AND PHELAN by: Lisa D. Blankenburg, Esquire Atty. I.D. No. 78020 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102-1799 CHASE MANHATTAN MORTGAGE CORPORATION Va. MICHAEL E. JOHNS JENNIFER A. JOHNS ORDER ATTORNEY FOR PLAINTIFF s CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION : NO. 99-5116 CIVIL AND NOW, this day of , the Prothonotary is ORDERED to reassess the damages in this case as follows: Principal Balance $100,818.03 Interest Amount 13,685.50 2/1/99 through 9/6/00 Late Charges 615.60 Legal fees 4,000.00 Cost of Suit and Title 1,957.00 Sheriff's Sale Costs 570.11 Inspections/Other 364.00 Appraisal Fees 250.00 Escrow Credit 0.00 Deficit 958.96 TOTAL $123,219.20 Plus interest per diem from 9/6/00 through Date of Sale at six (69) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. BY THE COURT: J. FEDERMAN AND PHELAN by: Lisa D. Blankenburg, Esquire Atty. I.D. No. 78020 Two Penn Center Plaza, Suits 900 Philadelphia, PA 19102-1799 CHASE MANHATTAN MORTGAGE CORPORATION Va. MICHAEL E. JOHNS JENNIFER A. JOHNS ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 99-5116 CIVIL PLAINTIFF'S PETITION FOR REASSESSMENT OF DAMAGES Plaintiff, by its Attorney, Lisa D. Blankenburg, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter, and in support thereof avers the following: 1. This is an action in Mortgage Foreclosure in which Judgment was entered by default on NOVEMBER 18, 1999 in the amount of $112,316.75. 2. A Sheriff's Sale of the mortgaged premises was postponed or stayed for the following reasons: The Defendant(s) filed a chapter 7 Bankruptcy (#99- 05411RJw) on DECEMBER 22, 1999. Plaintiff obtained relief from the automatic stay by order of Court dated MAY 11, 2000. 3. The mortgaged premises are listed for Sheriff's Sale on SEPTEMBER 6, 2000. 4. Additional sums have been incurred or expended on Defendant(s) behalf during the time the sale was postponed or stayed, and Defendant (s) have been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal Balance $100 818 03 Interest Amount 2/1/99 through 9/6/00 , . 13,685.50 Late Charges Legal fees 615.60 Cost of Suit and Title 4,000.00 Sheriff's Sale Costs 1,957.00 Inspections/Other 570.11 Appraisal Fees 364.00 Escrow 250.00 Credit Deficit 0.00 958.96 TOTAL $123,219.20 5. Under the terms of the mortgage, Plaintiff is entitled to inclusion of the figures set forth in paragraph four in the amount of judgment against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an order to the Prothonotary to reassess the damages as set forth above. f Lisa D. Blankenburg, ESQUIRE Attorney for Plaintiff -2- FEDERMAN AND PHELAN by: Lisa D. Blankenburg, Esquire Atty. I.D. No. 78020 ATTORNEY FOR PLAINTIFF Two Penn Center Plaza, Suite 900 Philadelphia, 1 19102-1799 (- i) 56 -7000 CHASE MANHATTAN MORTGAGE CORPORATION : CUMBERLAND COUNTY S COURT OF COMMON PLEAS Vs. x CIVIL DIVISION MICHAEL E. JOHNS JENNIFER A. JOHNS : N0. 99-5116 CIVIL BRIEF OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Plaintiff and Defendant(s) entered into a Promissory Note and Mortgage Agreement, wherein Defendant(s) agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff's Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub judicia, Defendant(s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant(s) were not going to cure the default and bring the loan current, Plaintiff commenced a Mortgage Foreclosure Action. Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. ARGUMENT FOR REASSESSMENT OF DAMAGES The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation..." In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa.Super 55, 59, 142 A.2d 319, 321 (1958) ; Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super 1988) . In Chase Home Mortgage, the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee '...could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage's failure to comply with the terms of the mortgage agreement..." Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Reality Company v Burns, 414 Pa. 495, 200 A.2d 335 (1971) . Plaintiff submits that if Plaintiff went to sale without reassessing damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages will not be detrimental whatsoever to Defendant(s) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff's Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff's judgment amount. May Term, 1986, No. 2359 (CCP PHILA. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. T FED N 70 BRIAN LU LISA D. BLANRENBURG, ESQUIRE NC. day C, J CzCG CAS : _ '.. _ r??3 Cc ?:'S Ci r?l= C' YC•:3?3= 7. ?:?i 2.:. :.:C ,1.:5'?i: ?.. ..r :_ G! anZ as 1c, lc%wm ?r 21 rlfieel-?Xzos C:de= C! ??T?5__ _dc ,r;?:?:•'3C!!=_SG?'=__ =aassa:s-a-_'c,- :: W.UUTM .'E ? .. vas rec a - - L" c' aA^=.:Ej C•ZL? =, .-__VG-'= SC L• i5 C2.C __ ?` S^= .2:iv VCC?'•.LS; LSS.••: a, 1_. c! d2-l2= a. - :a_aas= f_d--^:_ by d_?a•_•_ vas :C--: 4-7 • i! .?a.`3:C.9''3Z1lC=l • I • ? • ... ... ? .. ..• ..INT. ?..t7 'Y???r••?I•??•• , •. •J. J._ S r ,?•? i3i •`y???i THCrAS 7l. b '?TSTS, I rI I 1 ?I ' VERIFICATION Lisa D. Blankenburg, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true and correct to the beat of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. DATE: August 1, 2000 () U"-k Lisa D. Blankenburg, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN by: Lisa D. Blankenburg, Esquire Atty. I.D. No. 78020 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION Va. MICHAEL E. JOHNS JENNIFER A. JOHNS ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0. 99-5116 CIVIL AFFIDAVIT OF SERVICE Lisa D. Blankenburg, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on August 1, 2000. MICHAEL E. JOHNS 1436 BRIDGE STREET CUMBERLAND, PA 17070 611 LOWTHER ROAD LEMOYNE, PA 17043 DATE: August 1, 2000 JENNIFER A. JOHNS 2001 RED BANK ROAD LOT 238 DOVER, PA 17315 C 0 ?,a Lisa D. Blankenburg, Esquire Attorney for Plaintiff ENTITY VENDOR FAI?? Frothy of Cumberland County [PLUMB] CHECK DATE CHECK NO. 8/1/2000 093069 DOC APPLY APPLY TO NO TO DATE INVOICE INVOICE DOC AMOUNT DISCOUNT PAYMENT AMOUNT 093069 066439 08/01/00 1507283186 9 00 0 . .00 9.00 JOHNS FEDERMAN & PHELAN 9.00 ATTORNEY ESCROW ACCOUNT 1 WU PENN CENTER PL. STE 900 * P.FJI kPHIA, PA 19102 ??998?? o,,, T ... _ .., FEDERMAN & PHELAN ATTORNEY ESCROW ACCOUNT TWO PENN CENTER PL. STE 900 PHILADELPHIA, PA 19102 Pay NINE AND 00/100 DOLLARS To The Prothy of Cumberland County Order Cumberland County Courthouse Of One Courthouse Square Carlisle, PA 17013 COMMERCE BANK 3.7e01i80 PHILADELPHIA, PA 19118 m awwe DATE 8/1/2000 11209306911' 1:03600i8081:36 065738 &11' ?.'.:r "T. AMOUNT ******a*a*r97 Valdawirkb Ogg °"„"`"a? AUG a 200 PEDERMAN AND PHELAN by: Lisa D. Blankenburg, Esquire Atty. I.D. No. 78020 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102-1799 CHASE MANHATTAN MORTGAGE CORPORATION Vs. MICHAEL E. JOHNS JENNIFER A. JOHNS AND NOW, this ORDER day of , the Prothonotary is ORDERED to reassess the damages in this case as follows: Principal Balance $100,818.03 Interest Amount 13,685.50 2/1/99 through 9/6/00 Late Charges 615.60 Legal fees 4,000.00 Cost of Suit and Title 1,957.00 Sheriff's Sale Costs 570.11 Inspections/Other 364.00 Appraisal Fees 250.00 Escrow Credit 0.00 Deficit 958.96 TOTAL $123,219.20 Plus interest per diem from 9/6/00 through Date of Sale at six (68) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. BY THE COURT: ATTORNEY FOR PLAINTIFF t CUMBERLAND COUNTY I COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 99-5116 CIVIL J. FEDERMAN AND PHELAN by: Lisa D. Blankenburg, Esquire Atty. I.D. No. 78020 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102-1799 CHASE MANHATTAN MORTGAGE CORPORATION vs. MICHAEL E. JOHNS JENNIFER A. JOHNS ORDER ATTORNEY FOR PLAINTIFF s CUMBERLAND COUNTY COURT OF COMMON PLEAS i CIVIL DIVISION . NO. 99-5116 CIVIL AUG AND NOW, this day of , the Prothonotary is ORDERED to reassess the damages in this case as follows: 4 20' Principal Balance $100 818 03 Interest Amount 2/1/99 through 9/6/00 , . 13,685.50 Late Charges Legal fees 615.60 Cost of Suit and Title 4,000.00 Sheriff's Sale Costs 1,957.00 Inspections/Other 570.11 Appraisal Fees 364.00 Escrow 250.00 Credit Deficit 0.00 958.96 TOTAL $123,219.20 Plus interest per diem from 916100 through Date of Sale at six (6B) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. BY THE COURT: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff CIVIL DIVISION vs. MICHAEL E. JOHNS JENNIFER A. JOHNS Defendants No. 99-5116 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA CUMBERLAND COUNTY SS: I, FRANK FEDERMAN, ESQ., attorney for CHASE MANHATTAN MORTGAGE CORPORATION, hereby verify that on MAY 26. 2000 AND AUGUST 23. 2000, true and correct copies of the Notice of Sheriffs Sale were served by certificate of mailing to the recorded lienholder(s), and any known interested party, see Exhibit "A" attached hereto, and the Notice of Sale was sent to defendant(s) on MAY 26. 2000 by first class mail and certified mail return receipt requested, see Exhibit "B" attached hereto. RANK FED RMAN, ESQUIRE---,, Attorney for Plaintiff Date: August 28, 2000 Chase Manhattan Mortgage Corporation Michael E. Johns Jennifer A. Johns V. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-5116 Civil Defendant(s). , AMENDED 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 1436 Bridge Street, New Cumberland PA 17070. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Michael E. Johns 611 Lowther Road Lemoyne, PA 17043 Jennifer A. Johns 2001 Red Bank Road Lot 238 Dover, PA 17315 2. 3. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and address of everyjudgment 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 so indicate.) UGI Utilities 225 Morgantown Road Reading, PA 19612 New Cumberland P.O. Box 220 Borough New Cumberland, PA 17070 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so 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 so indicate.) None Name and address of every other person 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 so indicate.) Tenant/Occupant 1436 Bridge Street New Cumberland, PA 17070 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 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. Aueust 28.2000 j DATE F NK FE ER AN, ESQUIRE Attorney for Plaintiff 0 a .V. z m < N 47 ? . sa?: a ?< a1 ?a <U W po= w F3 Z tza n I- ? G N u W v? 'p L V d 9 h Z < `o s FF T . c 606836 1• D F Z c O ? U ? p Z `o ? E i z - V 9 S o ? U p., V Y E °' 0 0 o CC V .m c' O L p z vFi ? w S Z 3 N P z w yC a W ap m ° ti h $ h Z < SN zz W Z z 6 S S L o F < ?? CU U? 0G n r = ¢ E: < Z Z R S U to E. W N o o D v, < <m Zn 3 p ?Z .t Z zE y AN C F? Z O. U X z ? y ?a ? u N M Q h b t` 00 T O ? N M Q v: E N Z A V PeeeiveE Frem: EEDERMAN Ar pNRTAN TWO PENN CENTER PLAZA, SUITE 900 z• ?\:J •. PH?EEpH-Ff}-?' 4 } ?04 r ? r T One Dleee of orcme,v men anereeaeE to: / ?. NEW CUMBERLAND BORO GH , o?a P.O. BOX 220 ¢ PS Form 3817, Mar. 1989 i t 's x o cloak m. a rldxrs you mpy'sAesrnctea oeihav. I also wish to receive tt • wia)wr rrnr rid addm m xo meree of mo ram >o iwi „, can RNrn tho uve following services (for an ext • Muth tNS bT'b eo hax cltla mBllpiece, w m ft Eecx it specs Coss not permit. ?t ReaMcted Delivery • The MIIIf HR?sff N Shm to svhan the artio, wv CaikeraC a t, Cab CelhereC. .. Consult posimaefer for fe 4a Article Number P 974 910 951 JOtAS `• ROAD 4b. Service Type x CERTIFIED ¦ 6. or I 4W T PS FORM 3811, December 1994 Iti it L. i f s a AE tURI, O SENT TO: NOinor co"a micaii,"?n°eu It- Mr IMF, s CL Q m k Rt3 Ln cr O a u- S r Er a PS FORM 3800 US Postal Service rU01MAM un YNIt '•~"" ti 6 O May . _L W[ v; o '?6 2oco a, :; ° WL C ?L J' 6 Receipt for Certified Mail o a :e?,nn 1 ?E:LPr ??.?? rte. SERVICE rp4i °at41E ae.L.r . r MN NT SENT TO'. "67 Z sit w", %I iSlUl UST 23 ASK rumv, oouu uo r•oscai aervice r O" Ir 0 0.. Er S r a POSMABK OB GATE C Mai 2 y/ ? w _ O LL n Lr a 'j? LCCv o ti 6 W Y u U J 6 Receipt for a Certified Mail 6 O 0 0 J W V a¢ W C OC OC a" LL ¢e Y LL VC Cti NL v= 5= a- PS FORM 3800 US Postal Service Receipt for a Certified Mail g IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff vs. MICHAEL E. JOHNS JENNIFER A. JOHNS Defendants CIVIL DIVISION No. 99-5116 CIVIL RIMMAN AND P"ELAN ATTORNEY FILE CW pm$E REMN AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA SS: CUMBERLAND COUNTY FEX"NAN AMO PN> GREY FILE COPE NASE I, FRANK FEDERMAN, ESQ., attorney for CHASE MANHATTAN MORTGAGE CORPORATION, hereby verify that on MAY 26. 2000 AND AUGUST 23, 2000, true and correct copies of the Notice of Sheriffs Sale were served by certificate of mailing to the recorded lienholder(s), and any known interested party, see Exhibit "A" attached hereto, and the Notice of Sale was sent to defendant(s) on MAY 26. 2000 by first class mail and certified mail return receipt requested, see Exhibit "B" attached hereto. kz w.C ?'"C ATTMNATY RANK FEDERMAN, ESQUI E---,, Attorney for Plaintiff Date: August 28 2000 Chase Manhattan Mortgage Corporation V. Michael E. Johns Jennifer A. Johns Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-5116 Civil AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) Chase Manhattan Mort a e 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 1436 Bridge Street. New Cumberland PA 17070. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Michael E. Johns 611 Lowther Road Lemoyne, PA 17043 Jennifer A. Johns 2001 Red Bank Road Lot238 Dover, PA 17315 2. 3. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and address of everyjudgment 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 so indicate.) UGI Utilities 225 Morgantown Road Reading, PA 19612 New Cumberland P.O. Box 220 Borough New Cumberland, PA 17070 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so 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 so indicate.) None Name and address of every other person 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 so indicate.) Tenant/Occupant 1436 Bridge Street New Cumberland, PA 17070 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 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 unworn falsification to authorities. August 28, 2000 DATE F N?F?E AN, ESQUIRdld? E Attorney for Plaintiff ., ,? -- ,-? __ :, ?, ' =? ?. - ?. , ?? ?? ,- ? -:_ ?, ; „? ? ??: .? t , =? ?: : ?, - .._ ?- ;' ?: lJ _) l? FEDERMAN AND PHELAN by: Lisa D. Blankenburg, Esquire Atty. I.D. No. 78020 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102-1799 CHASE MANHATTAN MORTGAGE CORPORATION Vs. MICHAEL B. JOHNS JENNIFER A. JOHNS ATTORNEY FOR PLAINTIFF , CUMBERLAND COUNTY e COURT OF COMMON PLEAS , CIVIL DIVISION t NO. 99-5116 CIVIL CERTIFICATION OF SERVICE I, Lisa D. Blankenburg, Esquire, hereby certify that a copy of the Rule Returnable Date of September 4, 2000 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on August 14, 2000. MICHAEL E. JOHNS 1436 BRIDGE STREET CUMBERLAND, PA 17070 611 LOWTHER ROAD LEMOYNE, PA 17043 JENNIFER A. JOHNS 2001 RED BANK ROAD LOT 238 DOVER, PA 17315 Lisa D. Blankenburg, Esquire Attor ney for Plaintiff Date: August 14, 2000 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 Chase Manhattan Mortgage Corporation • Cumberland County Plaintiff, v. ' Michael E. Johns No. 99-5116 Civil Jennifer A. Johns Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue Writ of execution in the above matter: Amount Due Interest from 11/16/99 - 9/6/00 (per diem - $18.46) 112 316.75 $5,445.7 0 and Costs -$117,762.45 TOTAL ?,. ?FK FE E? IAN, ESQUIRE ENN CENTER PLAZA SUITE 900 PHILADELPHIA, PA 19102 Attorney for Plaintiff Note: Please attach description of property.No. A C a, I'll a w? d > F 0.a &OD d zz o a u ao O F °q Uz o p0 a Q Q,' O F U e c tiff W di. a u ? 0 ti z F a U W .? X i W ? W o O F ? 3 W w o U W a v w 00 Y 0 10 R O vas, W? a`°a oa 0 ti N A ba 0 0 ?a W A u^ m o>°, ?a e .w oa yN G v Q v E a Y i DESCRIPTION ALL THAT CERTAIN lot or piece of land Situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Southerly line of Bridge Street, which point is 25 feet East of the Southeasterly corner of 15th and Bridge Streets; thence along the Southerly line of Bridge Street South 43 degrees 30 minutes East, 25 feet to a point; thence South 46 degrees 30 minutes West 150 feet to a point at the Northerly line of a 16 feet wide private alley; thence along the same North 43 degrees 30 minutes West 25 feet to a point; thence North 46 degrees 30 minutes East 150 feet to a point, the place of beginning. BEING premises known as 1436 Bridge Street. TOGETHER with the right to use the said 16 feet wide private alley in common with other owners and occupiers abutting thereon. Tax Parcel l/ 26-23-0541-178 TITLE TO SAID PREMISES IS VESTED IN Michael E. Johns and Jennifer A. Johns, husband and wife by Deed from Gregory A. Kipp and Dorothy Kipp, husband and wife dated 7/30/97, recorded 8/6/97, in Deed Book 162, Page 400. 4-1 ` w ' c?c' ate-. c? w c-? ? ? Q EL -': ?- u a s S :3 I I I I i 1 r7?.? J ? ? o. Chase Manhattan Mortgage Corporation Michael E. Johns Jennifer A. Johns V. Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-5116 Civil 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 1436 Bridge Street. New Cumberland. PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): 2. 3 NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Michael E. Johns 611 Lowther Road Lemoyne, PA 17043 Jennifer A. Johns 2001 Red Bank Road Lot 238 Dover, PA 17315 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and address of everyjudgment creditor whosejudgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) UGI Utilities 225 Morgantown Road Reading, PA 19612 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so 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 so indicate.) None Name and address of every other person 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 so indicate.) Tenant/Occupant 1436 Bridge Street New Cumberland, PA 17070 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 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. May 25.2000 DATE FR K FED RM A , ESQUIRE Att rney for Plaintiff u=? ° 4 F 7 f= te ? a '". tt O C O FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215)563-7000 ATTORNEY FOR PLAINTIFF Chase Manhattan Mortgage Corporation Plaintiff, V. Michael E. Johns Jennifer A. Johns Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-5116 Civil CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies t.iat 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: () an FHA mortgage () non-owner occupied () vacant (X) 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. i F NK FE ERD IAN, ESQUIRE Attorney for Pl ntiff ? u ('? C?=:- [7 Q ?? ? Q: ? ? a?; Q > ? ? ' _ ? `` J? ?4: JL E' ? Z ?? s ?-? ? o ? Chase Manhattan Mortgage Corporation Plaintiff, V. Michael E. Johns Jennifer A. Johns Defendant(s). TO: Michael E. Johns 611 Lowther Road Lemoyne, PA 17043 1436 Bridge Street Cumberland, PA 17070 CUMBERLAND COUNTY No. 99-5116 Civil May 25, 2000 Jennifer A. Johns 2001 Red Bank Road Lot 238 Dover, PA 17315 "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 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 1436 Bridee Street, New Cumberland PA 17070, is scheduled to be sold at the Sheriffs Sale on September 6. 2000 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by Chase Manhattan Morteaee Corporation (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the December 6, 2000 Sheriffs Sale. 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. 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.) 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 A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN lot or piece of land Situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Southerly line of Bridge Street, which point is 25 feet East of the Southeasterly corner of 15th and Bridge Streets; thence along the Southerly line of Bridge Street South 43 degrees 30 minutes East, 25 feet to a point; thence South 46 degrees 30 minutes West 150 feet to a point at the Northerly line of a 16 feet wide private alley; thence along the same North 43 degrees 30 minutes West 25 feet to a point; thence North 46 degrees 30 minutes East 150 feet to a point, the place of beginning. BEING premises known as 1436 Bridge Street. TOGETHER with the right to use the said 16 feet wide private alley in common with other owners and occupiers abutting thereon. Tax Parcel M 26-23-0541-178 TITLE TO SAID PREMISES IS VESTED IN Michael E. Johns and Jennifer A. Johns, husband and wife by Deed from Gregory A. Kipp and Dorothy Kipp, husband and wife dated 7/30/97, recorded 8/6/97, in Deed Book 162, Page 400. N iun ? ?g c>? µ _{ Z „? J' d Cl?- 7 c,, !]i 'r? p ?•. ?? ? ?- _ t?'7 .? G ?? ? ?? 1 ?? 4 y % a Ci O Q ? UNITED STATES BANKRUPTCY COURT FOR t THE MIDDLE DISTRICT OF PENNSYLVANIA Chg5e M04h4TiyvJ IN RE: Jennifer A. Johns Chapter No. 7 / S o 7a?,'31j 6 Debtor(s) Bankruptcy No. 99-05111 RJW Chase Manhattan Mortgage Corporation t 7, Movant V. Jennifer A. Johns ResP1O and nt s ORDER `?' "-%•=:+ Ccurt I ceouly clef ? AND NOW, this day of? 2000, upon consideration of the Motion for Relief and Motion for Default of Movant. Chase Nlanhattan Mortgage Corporation, it is hereby ORDERED that the Order for Relief be entered by default with respect to premises at 1436 Bridge Street, New Cumberland, PA 17070, to allow the Movant to foreclose on its mortgage, which mortgage was recorded in Cumberland County, in Mortgage Book 553. Page 924, and allow the purchase of said premises at Sheriffs sale (or purchaser's assignee) to take any legal action for enforcement of its right to possession of said premises. ORDERED that Rule 4001 (a) (3) is not applicable and Chase Manhattan Mortgage Corporation may immediately enforce and implement this Order Granting relief from the automatic stay. cc: Judith T. Romano, Esquire Leslie E. Puida. Esquire Two Penn Center Plaza Suite 900 Philadelphia. PA 19102 Michael D. Hess. Esquire 951 Rohrerstown Road Lancaster, PA 17601 Lawrence V. Young, Esquire (Trustee) 29 North Duke Street York, PA 17401 By the Court: <I 1-onc J. 4444- Robert J. Woodside Chief Bankruptcy Judge Jennifer A. Johns 2001 Redbank Road, Lot 338 Dover, PA 173 15 } Q tJ U A ?r FEDERMAN AND PHELAN by: Lisa D. Blankenburg, Esquire Atty. I.D. No. 78020 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102-1799 CHASE MANHATTAN MORTGAGE CORPORATION VS. MICHAEL E. JOHNS JENNIFER A. JOHNS . CIVIL DIVISION . NO. 99-5116 CIVIL Im' ORDER AND NOW, this day of 5r vP--(Z,4C) 2000 upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule entered upon Defendant(s) shall be and is hereby made absolute and Plaintiff's Petition is GRANTED and it is further ORDERED that the Prothonotary reassess the damages in this case as follows: Principal Balance $100,818.03 Interest Amount 13,685.50 2/1/99 through 9/6/00 Late Charges 615.60 Legal fees 4,000.00 Cost of Suit and Title 1,957.00 Sheriff's Sale Costs 570.11 Inspections/Other 364.00 Appraisal Fees 250.00 Escrow Credit 0.00 Deficit 958.96 TOTAL $123,219.20 Plus interest per diem from 9/6/00 through Date of Sale at six (61) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOV GORES. d 5'i THE O/UR". __- _ _- }%- ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS '.. ?. ,? FEDERMAN AND PHELAN by: Lisa D. Blankenburg, Esquire Atty. I.D. No. 78020 ATTORNEY FOR PLAINTIFF Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION MICHAEL E. JOHNS JENNIFER A. JOHNS NO. 99-5116 CIVIL MOTION TO MAKE RULE ABSOLUTE Plaintiff, by its Attorney, Lisa D. Blankenburg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1. That it is the Plaintiff in this action. 2. A Petition for Reassessment of Damages was filed with the Court on August 14, 2000 and Rule was entered upon Defendant(s) MICHAEL E. JOHNS 6 JENNIFER A. JOHNS on August 14, 2000 to show cause why the Order for Reassessment should not be entered. A true and correct copy of the Rule is attached here to as Exhibit A. 3. The Rule to Show Cause was timely served upon all parties in accordance with the applicable Rules of Civil Procedure, and a Certification of Service is attached hereto as Exhibit B. 4. Defendant(s) failed to respond or otherwise plead to the Rule Returnable date of September 5, 2000. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. Respectfully submitted: Lisa D. Blankenburg, Esquire Attorney for Petitioner ti EXHIBIT A iF/So-7 21319'6 FEDERMAN AND PHELAN by: Lisa D. Blankenburg, Esquire Atty. I.D. No. 78020 Two Penn Center Plaza, Suite 900 Philadelphia,, PA 19102-1799 CHASE MANHATTAN MORTGAGE CORPORATION Va. MICHAEL E. JOHNS JENNIFER A. JOHNS RULE ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : NO. 99-5116 CIVIL AND NOW, this 0 day of FA qIs ` Z.o00 a Rule is entered upon MICHAEL E. JOHNS & JENNIFER A. JOHNS, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. , lj? Z.o "> S RJ SCJ? rGC . RULE RETURNABLE whA day of BY THE COURT: TRUE COPY FROM !FCC. F.?) ^t s:t cv/ hand In Testimony ..h.r cf. i c:c: u and the saa of sai4 Court at CarGsla, P . lt l? Thi ?. f.. roth0 otry w ? 1 E-)=IT B FEDERMAN AND PHELAN by: Lisa D. Slankenburg, Esquire Atty. I.D. No. 78020 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102-1799 CHASE MANHATTAN MORTGAGE CORPORATION Va. MICHAEL E. JOHNS JENNIFER A. JOHNS ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : N0. 99-5116 CIVIL CERTIFICATION OF SERVICE I, Lisa D. Blankenburg, Esquire, hereby certify that a copy of the Rule Returnable Date of September 4, 2000 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on August 14, 2000, MICHAEL E. JOHNS 1436 BRIDGE STREET CUMBERLAND, PA 17070 611 LOWTHER ROAD LEMOYNE, PA 17043 JENNIFER A. JOHNS 2001 RED BANK ROAD LOT 238 DOVER, PA 17315 V ?) V " Lisa D. Blankenburg, Esquire Attorney for Plaintiff Date: August 14, 2000 VERIFICATION Lisa D. Blankenburg, Esquire, hereby states that she is the attorney for Plaintiff in this action., that she is authorized to take this affidavit, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. DATE: September 5, 2000 IVId Lisa D. Blankenburg, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN by: Lisa D. Blankenburg, Esquire Atty. I.D. No. 78020 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102-1799 CHASE MANHATTAN MORTGAGE CORPORATION Va. MICHAEL E. JOHNS JENNIFER A. JOHNS ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS . CIVIL DIVISION : NO. 99-5116 CIVIL CERTIFICATION OF SERVICE I, Lisa D. Blankenburg, Esquire, hereby certify that a copy of the Motion to Make Rule Absolute has been sent to the individuals indicated below on September 1u00. MICHAEL E. JOHNS 1436 BRIDGE STREET CUMBERLAND, PA 17070 611 LOWTHER ROAD LEMOYNE, PA 17043 JENNIFER A. JOHNS 2001 RED BANK ROAD LOT 238 DOVER, PA 17315 Lisa D. Blankenburg, Esquire Attorney for Plaintiff Date: September 5, 2000 STATE OF PENNSYLVANIA, j COUNTY OF CUMBERLAND J ss. Robet P Ziegler h --------------------------------------------- -------- Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Secretary of Veterans Affairs ---------------------------------------------------- is the grantee 4th the same having been sold to said grantee on the ----------------------------------------------- day of ---------- 45_C.nbEZ--------------------- A. D., W9 29.QQ-_, under and by virtue of a writ ----------Execution ------issuedonthe__--31st----- -- - day of ___ May __________________ A. D., 14x Quo) out of the Court of Comman Pleas of said County as of Civil ------- --Civi -------------- - ------------- Term, 19-- 99- ------------------------- Number -_ 5116 Chase Manhattan Mtg Corp ------- atthesuit oL---------------- ------------- ----------- ------------------- against---------------- Michael E Johns 6 Jennifer A -------------- duly recorded in Sheriff's Deed Book No. __292 ....... page .... Z02. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this __e; 7---- day of A. --------------------- Recorder of Deeds Rawdet of Doak emwand Courdy. Cum* Ph Ry NmminbnErW Rd Mm* W 1Ja AW Chase Manhattan Mortgage Corporation In the Court of Common Pleas of -vs- Cumberland County, Pennsylvania Michael E. Johns and Jennifer A. Johns No. 1999-5116 Civil Shannon M. Sunday, Deputy Sheriff, who being duly sworn according to law, says on July 11, 2000 at 2:09 o'clock P.M. EDST, she posted a copy of Real Estate Writ Notice Poster and Description on the property of Michael E. Johns and Jennifer A. Johns located at 1436 Bridge Street, New Cumberland, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff who being duly swom according to law, says he Made diligent search and inquiry for one of the within named defendants to wit: Michael Johns, but was unable to locate him in his bailiwick. He therefore deputized the Sheirff of York County, to serve the above Real Estate Writ Notice Poster and Description according to law. York County Return: served Jennifer Johns wife on June 27,00 at 9:19 A.M. at 2001 Red Bank Road, Lot 238, Dover, Pa. So answers: William Hose Sheriff of York County, Pennsylvania. R. Thomas Kline, Sheirff who being duly sworn according to law, says he made diligent search and inquiry for one of the within named defendants to wit: Jennifer Johns, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County to served the above Real Estate Writ Notice Poster and Description according to law. York County Return: served Jennifer Johns on June 8,2000 at 2:07 P.M. at 2001 Red Bank Road Lot 238, Dover, PA So answers: William Hose, Sheriff. 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: Michael Johns by regular mail to 2001 Red bank Road Lot 238, Dover, Pennsylvania. This letter was mailed under the date of July 13, 2000 and never returned to the Sheriff's Office. 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: Jennifer Johns by regular mail to 2001 Red Bank Road Lot 238, Dover, Pennsylvania. This letter was mailed under the date of July 13, 2000 and never returned to the Sheriffs Office. So answers;.- R. Thogip Kline, Sheriff B Real Estate Deputy Chase Manhattan Mortgage Corporation -vs- Michael E. Johns and Jennifer A. Johns In the Court of Common Pleas of Cumberland County, Pennsylvania No. 19994116 Civil R. Thomas Kline, Sheirff, who being duly swom according to law, says that after due and legal notice had been given according to law, exposed the above described premises at public venue or outcry at Court House, Carlisle, Cumberland County Pennsylvania on October 4, 2000 at 10:00 o'clock A.M. EDST and sold the same for the sum of $ 1.00 to Attorney Dale Shughart, Jr for Secretary of Veterans Affairs, An Officer of the United States of America. I t being the highest bid and best price quoted for the same Secretary Of Veterans Affairs of Varo Cleveland (MDP 262 PHI,) P.O. Box 99640 Cleveland OH being the buyer in this execution paid to Sheriff R. Thomas Kline the sum of $ 856.39 it being costs. Sheriffs Costs: Docketing 30.00 Poundage 16.79 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 County 1.00 Mileage 20.46 Certified Mail .80 Levy 15.00 Surcharge 30.00 Postpone sale 20.00 Out of County 9.00 York County 71.20 Law Journal 270.05 Patriot News 225.56 Share of Bills 23.53 Distribution of Proceeds 25.00 Sheriffs Deed =Q $ 856.39 Pd By Atty 10/23/00 Sworn and Subscribed To Before Me This 9'!' Day of 7Le,.?, G? 2000, A.D. w Q, huu, T' Prot o otary So ans R. Thomas Kline, Sheriff B Peal Estate Deputy try`' 0-1? 3b v? 9 /o3?YJ Chase Manhattan Mortgage Corporation Plaintiff, , v. Michael E. Johns Jennifer A. Johns Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-5116 Civil AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 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 1436 Bridge Street, New Cumberland PA 17070. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Michael E. Johns 611 Lowther Road Lemoyne, PA 17043 Jennifer A. Johns 2001 Red Bank Road Lot 238 Dover, PA 17315 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of everyjudgment 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 so indicate.) UCI Utilities 225 Morgantown Road Reading, PA 19612 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so 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 so indicate.) None 7. Name and address of every other person 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 so indicate.) Tenant/Occupant 1436 Bridge Street New Cumberland, PA 17070 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 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. May 25.2000 DATE FRAA K FED RMAp , ESQUIRE An mey for Plaint' f ' ` Chase Manhattan Mortgage Corporation Plaintiff, V. Michael E. Johns Jennifer A. Johns Defendant(s). T0: Michael E. Johns 611 Lowther Road Lemoyne, PA 17043 CUMBERLANDCOUNTY No. 99-5116 Civil May 25, 2000 1436 Bridge Street Cumberland, PA 17070 Jennifer A. Johns 2001 Red Bank Road Lot 238 Dover, PA 17315 "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 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 1436 Bridge Street, New Cumberland, PA 17070, is scheduled to be sold at the Sheriffs Sale on September 6, 2000 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by Chase Manhattan Mortgage Corporation (the mortgagee) against you. If the Sheriff s sale is postponed, the property will be relisted for the December 6, 2000 Sheriffs Sale. 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. 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. 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.) 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 A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN lot or piece of land Situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Southerly line of Bridge Street, which point is 25 feet East of the Southeasterly corner of 15th and Bridge Streets; thence along the Southerlv line of Bridge Street South 43 degrees 30 minutes East, 25 feet to a point; thence South 46 degrees 30 minutes West 150 feet to a point at the Northerly line of a 16 feet wide private alley; thence along the same North 43 degrees 30 minutes West 25 feet to a point; thence North 46 degrees 30 minutes East 150 feet to a point, the place of beginning. BEING premises known as 1436 Bridge Street. TOGETHER with the right to use the said 16 feet wide private alley in common with other owners and occupiers abutting thereon. Tax Parcel # 26-23-0541-178 TITLE TO SAID PREMISES IS VESTED IN Michael E. Johns and Jennifer A. Johns, husband and wife by Deed from Gregory A. Kipp and Dorothy Kipp, husband and wife dated 7/30/97, recorded 8/6/97, in Deed Book 162, Page 400. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-5116 COUNTY OF CUMBERLAND) CIVIL* Term CIVIL ACTION -LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due r hate Manhattan Mortgage Corporation PA 17 L. L. $.50 Due Prothy $1.00 Other Costs (1) You are directed to levy upon the property of the defendant(s) and to sell?pp raaal pP,", ip; --.as on (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/are 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) ItPropertyof thedefendant(s) not levied upon an subject to attachment is found inthepossession of anyoneolher than a named garnishee, you are direcledto notify hinuherthat he/she has been added as a garnishee and Is enjoined as above stated. .75 Amount Due__ 010634 Interest r and Cot c (per Aietn -18-46) Atty's Comm Ally Paid $876.96 Plaintiff Paid Date: MaY 31, 2000 REQUESTING PARTY: Name Frank Fpriprrmn qQ Address: maa Penn rent-pr Plan S11it-P 00 Attorney for: Pl ai nti ff Telephone: 915-56.3-7000 Supreme Court ID No. 19 248 A. Johns Curtis R. Long Prothonotary, Civil Division -_bY: G(/7rI o C ???`? Deputy REAL ESTATE SALE NV un ? 4 ? 2. V'" the sheriff levied upon the defendants interest in the real property situated in Cumberland County, Pa., !mown .and numbered as:/ ?A& "nd more fu scribed on Exhibit "A" filed with this writ and by this reference incorporated herein. gate: 2 13 . O d OD to A '?f PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.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, 11, 2000 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. RBA! ESTATE SALE NO. 32 Writ No. 99-5116 Civil Chase Manhattan Mortgage Corporation V5. Michael E. Johns and Jennifer A. Johns Atty.: Frank Federman DESCRIPTION ALL THAT CERTAIN lot or piece of land Situate in the Borough of New Cumberland, Cumberland County, Pennsylvania. bounded and described as follows, to wit: BEGINNING at a point on the southerly line of Bridge Street. which point is 25 feet East of the Southeast- erly comer of 15th and Bridge Streets; thence along the Southerly line of Bridge Street South 43 degrees 3omin. utes East. 25 feet to a point; thence Rog 6r M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 11 day of AUGUST. 2000 brk h2 WI Ewrl THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under891 No 587 Boaroued May1fi 1929 Commonwealth of Pennsylvania, County of Dauphin) as James L. Clark being duly sworn according to low, deposes and says: That he is the Accounts Receivables Manager 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 and Metro editions/issues which appeared on the 1st, 8th and 15th day(s) of August 2000. 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 Miscellaneoyls Book "M", Volume 14, Page 317. PUBLICATION E CaPV --------------------- -? ----------------------- his 30th d of Au 12000 A.D. Notarial Seal Terry L. Russell, Notary Public Harrisburg, Dauphin County My Commission Expires June 6, 2W9 NOTARY PUBLIC Member, Pennsylvania association ot N011icommission expires June 6, 2002 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 dales $ 224.06 Probating same Notary Fee(s) $ 1.50 Total $ 225.56 lisher's Receipt for Advertising Cost THE PATRIOT-NEWS CO., publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. THEPATRIOT-NEWSCO. By .................................................................... SALE #32