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HomeMy WebLinkAbout03-3859FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 THE BANK OF NEW YORK, AS TRUSTEE 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 Plaintiff SCOTT A. MORRIS 42 COLUMBIA ROAD ENOLA, PA 17025 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DIVISION TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED YVILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attomey 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 File #: 77590 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HO'vVEVER, Il? YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. File #: 77590 Plaintiffis THE BANK OF NEW YORK, AS TRUSTEE 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 The name(s) and last known address(es) of the Defendant(s) are: SCOTT A. MORRIS 42 COLUMBIA ROAD ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 04/13/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PROVIDENT BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1756, Page 1129. By Assignment of Mortgage recorded 05/27/03 the mortgage was assigned to COUNTRYWIDE HOME LOANS, 1NC. which Assignment is recorded in Assignment of Mortgage Book No. 697, Page 3137. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/20/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and ali interest due thereon are collectible forthwith. File #: 77590 The following amounts are due on the mortgage: Principal Balance Interest 01/20/2003 through 08/07/2003 (Per Diem $10.62) Attorney's Fees Cumulative Late Charges 04/13/2002 to 08/07/2003 Cost of Suit and Title Search Subtotal $34,501.59 2, I24.00 1,250.00 0.00 $ 550.00 $ 38,425.59 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 38,425.59 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attomey's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 38,425.59, together with interest from 08/07/2003 at the rate of $10.62 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: FEDERMAN AND PHELAN, .LJt, V FRANK FEDERMAN, ESQUIILE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 77590 in East Pennsboro Township, Cumberland County, BEGINNING at a point on the southern line of connecting with line of Enola Road with the south line point, the pla¢~ of BEGINNING. VERIFICATION Denise Rivera hereby states that she is FC Processor of LITTON LOAN SERVICING mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Denise Rivera for Litton Loan Servicing LP SHERIFF'S CASE NO: 2003-03859 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS MORRIS SCOTT A RETURN - REGULAR GERALD WORTHINGTON , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE MORRIS SCOTT A DEFENDANT , at at 42 COLUMBIA ROAD ENOLA, PA 17025 MARINA MORRIS, ADULT DAUGHTER a true and attested copy of COMPLAINT - MORT FORE NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon 1627:00 HOURS, on the 18th day of August the 2003 by handing to OF DEFENDANT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this ,~' day of ~~o ~3 ~ A.D. thonotary R. Thomas Kline 08/19/2003 FEDERMAN AND PHELAN FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY' BLVD., SUITE 1400 PHILADELPHIA, PA 19;[03-1814 (215~ 563-7000 THE BANK OF NEW YORK, AS TRUSTEE 4828 LOOP CENTRAL DR/VE HOUSTON, TX 77081-2226 Plaintiff, SCOTT A. MORRIS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3859 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against SCOTT A. MORRIS, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 9/8/03 to 9/24/03 TOTAL $38,425.59 $509.76 $38,935.35 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DATE:DAMAGES ~"')~ 1~q'' ARE HEREBY ~O~ oqaSX-~ ASSESSED AS INDICATFu,D.(fl~.,~2 -~ f'~-, . ~/') PRO PROTHY FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (21 ~;) '56q-7000 THE BANK OF NEW YORK., AS TRUSTEE Plaintiff Vs. SCOTT A. MORRIS Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 03-3859 CIVIL TERM TO: SCOTT A. MORRIS 42 COLUMBIA ROAD ENOLA, PA 17025 DATE OF NOTICE: SEPTEMBER 9, 2003 FILE COPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - 'CASE NO: 2003-03859 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS MORRIS SCOTT A REGULAR GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn accordin~ says, the within COMPLAINT - MORT FORE was served upon MORRIS SCOTT A DEFENDANT , at-1627:00 HOURS, at 42 COLUMBIA ROAD ENOLA, PA 17025 MARINA MORRIS, ADULT DAUGHTER on the 18th day of August by handing to OF DEFENDANT a true and attested copy Of COMPLAINT - MORT FORE NOTICE togetb~, and at the same time directing Her attention to the content~ Sheriff's Costs: Docketing 18 Service 10 Affidavit Surcharge 10 38 O0 35 O0 O0 O0 35 Sworn and Subscribed to before me this day of A.D. So Answer. s: -- .Z// R. Thomas Kline 08/19/2003 FEDERNL~N AND PHELAN ' Depu['y Sh~i~ Prothonotary FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPmA, PA 19103-1814 (215~ 563-7000 THE BANK OF NEW YORK, AS TRUSTEE 4828 LOOP CENTRAL DRIVE SCOTT A. MORRIS Plaintiff, De~ndam(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIV1L DIVISION NO. 03-3859 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin 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 SCOTT A. MORRIS is over 18 years of age and resides at 42 COLUMBIA ROAD, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Request for Military Status Page 1 of 1 Depm'tment of Defense Manpower Data Center SEP-24-2003 14:19:25 Military Status Report Purst ant to the Soldiers and Smlors Civil Relief Act of 1940 Ctm'ently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data bm~ks of the Department of Defense Manpower Data Center, the above is the cun*ent status of the Defendant(s), per the Infonnation provided, as to all branches of the Military. Kenneth C. Scheflen, Director Depmxment of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA The Defense Manpower Data Center (DMDC) is an organization of the Department of' Defense that maintains the Defense Enrolhnent and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility tbr military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please send an e-mail to sscra.helpdesk(q;:osd.pentagon.mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https://www.dmdc.osd.mil/udpdri/owa/sscra.prc Select 9/24/2003 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN E. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 THE BANK OF NEW YORK, AS TRUSTEE : : Plaintiff, : SCOTT A. MORRIS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3859 CIVIL TERM 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 (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. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 THE BANK OF NEW YORK, AS TRUSTEE Plaintiff, SCOTT A. MORRIS Defendant(s). No. 03-3859 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 9/25/03 to MARCH 3, 2004 (per diem -$6.40) TOTAL $38,935.35 $1,030.40 and Costs $39,965.75 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 - 1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CF, RT^IN pieoe or pan:el of land siUmto in thc East Peuusbo~u Township. Cumber{and County, Pennsyl~ania, hounded and dumeribed as follows, to wit: BEGINNING at a point ou the sotuhern tine of Columbia Road 500.382 f~el to a point of curve comi~tirig wilh line of F. ao{a Road with the south line of Colu, ulbia Road', thenc~ through the tenor of a partition wall ar~i beyond South 130 degrccs 14 minutcs 30 ~w..omls W~t 136,596 feet to a point; thence North 62 degrees 20 minutes 10 seconds Wesi 21.92 feet to a point; thence North 27 degrees 22 minutes 31 seconds East 137.034 fe~'t to a point on the sonthem line of Columbia Road; thence eastwnrdly, alon{, the Columb{a Road in an arc having a radius of 574.95, 28.782 feet Io a point, TITLE TO SAID PRF..MIflF~R I~ VESTED [N Scott A. Morris. single man by Dee(i from Barbara A. Mol'ri~, widow dated 5/4/1994 and recoixl~l 5119/1994, in lVa:eo_nd Book 105. Page 697. 'Fax Parcel ~-13-1002-289 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-3859 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK, AS TRUSTEE Plaintiff (s) From SCOTT A. MORRIS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $38,935.35 L.L. $.50 Interest FROM 9/25/03 TO 3/3/04 (PER DIEM - $6.40) - $1,030.40 AND COSTS Atty's Corem % Due Prothy $1.00 Arty Paid $120.35 Other Costs Plaintiff Paid Date: SEPTEMBER 30, 2003 (SeaD CURTIS R. LONG Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOH1N F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 THE BANK OF NEW YORK, AS TRUSTEE Plaintiff, SCOTT A. MORRIS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-3859 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) THE BANK OF NEW YORK, AS TRUSTEE, 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 flied the following information concerning the real property located at,42 COLUMBIA ROAD, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SCOTT A. MORRIS 42 COLUMBIA ROAD ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Nallle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Natne Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 42 COLUMBIA ROAD ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree 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. Sevtember 29, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff THE BANK OF NEW YORK, AS TRUSTEE Plaintiff, Vo SCOTT A. MORRIS Delendant(s). TO: SCOTT A. MORRIS 42 COLUMBIA ROAD ENOLA, PA 17025 CUMBERLAND COUNTY No, 03-3859 CIVIL TERM September 29, 2003 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY 1NFORMA TION 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, 42 COLUMBIA ROAD, ENOLA, PA 17025, is scheduled to be sold at the Sheriff's Sale on MARCH 3, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $38,935.35 obtained by THE BANK OF NEW YORK, AS TRUSTEE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215} 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered, You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need art attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other fights 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 ALL THAT CFR'rAIN piece or parcel of land situate in the East Pcnmboro Town~hip. Cumberland County, l~nasyl,nmia, bounOed and descr'flnxl as follows, to wit; BEGINNING ~ a point on ~ southern line of Columbia Road 500.382 foet to a point of curve conag~ting with lirte of Enota Road with tho soath lilte of Columbia Road; theme flu'ough thc center of a partition wall and buyo~l Soulll 30 degrgs 14 miaut~s 30 seoomls We~t 136.596 f~t to a poial: tl~nc~ North 62 degrees ~0 tn'mutes 10 s~conds West 21.92 f,~e~ to a point; I~mee North 27 degrees 22 miaut~ 31 s~o:mda East 137,034 f~et to a poiat on the southexa iirn of Columbia Road; theuce eas~ardly, alommg the Columb~ Road in an are having a radius of 574,95, 2&782 feet ~o a point, the place of lleginalng~ TITLE TO SAiD PRla'.M~KR IS yEST~ £N Scott A. Morris, single man by Deed from Barbara A, Morris, widow dated 5/4/1994 and recorded 5/19/t994, ia Record Bunk 105, Page 697. 'Fax Parcel #09-13-I002-289 PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE THE BANK OF NEW YORK, AS TRUSTEE sCOTT A. MORRIS sERVE scOTT A. MORRIS AT 42 cOLUMBIA ROAD ENOLA, PA 17025 CUMBERLAND COUNTY pJT No. 03-3859 CIVIL TERM ACCT. #1140472,9. Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 3, 2004 SERVED Served and made known to O~_~- ~0.~t.~ ,Defendant, ontbe_ ~ dayof OC~ ,20~, at~',~~ .,o'clock¢.~,at_ ~ ~~,~A gP ~0C~ PA g~0~g _,Co~onwealth of Pe~ylva~a, ~ the m~er described below: n~fe.dam ~ersonally se~ed ......... 's '~ ....... '~ i~ whom Defendam(s) reside[s). ~e~atio~mp ~ Adult h~ly member w ~ -, '~.~ who re~sed to give rome or rela~omhp- ~Adult ~ charge ofDefen~nt[s) s restu~ M~ager/Cierk of place of lodg~g in which Defend~t(s) reside(s). ~Agent or person ~ c~rge of Defendant(s)'s office or usual place of business. an officer of said Defen~nt(s)'s co.any. ~Other: ~ , L ' ''t ~1[' Weight [g~ Race~f~ex~ Other Descripao · g - · - d--ose and state tMt I persomlly handed · om according to taw, p ~pt ¢ .~ ,~ ~ , a co~etent adult, being duly sw ~t ranh ere~ issued ~ the captioned c~e on the &te and at a ~e and co~ect copy o~ ~e ~ , the address mdtcated abo · ~ ~ ~ Sworn to ~d subscr tP2a ~.~ ~n e tbs before m ~. - ~ -- PLEASE ATTEMPT SERVIC~ ~ '' NOT SER~D o'clock .m., Defendant NOT FouND because: On the ~ day of_ ~, 200~, at ~ Moved ~ U~o~ ~ No ~wer ~ Vacant ~ 2"a Attempt:~ / ~ime: : 1st Attempt: ~ / / Time: : 3rd Attempt: _ I / _Time: : Sworn to and subscribed before me this ~ day of _, 200 _. Notary: By: Attorney for Plaintiff. Frank Federman, Esquire - I.D. No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK, AS TRUSTEE VS. SCOTT A. MORRIS CiVIL ACTION CiVIL DiVISION NO. 03-3859 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attomey for THE BANK OF NEW YORK, AS TRUSTEE hereby verify that on September 30~ 2003 tree and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: February 3, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff The Bank of New York, as Trustee VS Scott A. Morris In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3859 Civil Term R. Thomas Kline, Sheriff, Who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriffs Costs: Docketing 30.00 Poundage 11.11 Advertising 15.00 Posting Handbills 15.00 Levy 15.00 Surcharge 20.00 Service 20.70 Law Journal 195.65 Patriot News 213.28 Law Library .50 Prothonotary 1.00 Share of Bills 29.32 $ 566.56 paid by attorney 03/01/04 Sworn and subscribed to before me This 3~c day of 7kht~.J.~ 2004, A.D. (~ ~. ~Lc~_t~, Prothonotary R. Thomas Kline, Sheriff BY ' THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being du(y sworn according to (aw, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro edffions which appeared on the 20th end 27th day(s) of Janua~ and the 3rd day(s) of February 2004. That neither he nor said Company is interested in the subject matter of s~id printed notice or edve~ising, and that all of the allegations of this statement as to the time, piece and character of publication are true; and That he has personal k~owledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by vi~ue and pumuant to a msotution unanimously passed and adopted severally by the stockhotders and board the office for the Recording of Deeds in a~d for sa~d County of D~ph(~ in Misce(laneous Book 'M", Volume 14, Page 317. PUBLICATION ........................................................................................ ~ ~V~ COPY Sworn ,o and subscY~~3rd daT~:;;~004 A.D. ~~~ ~,~~~ My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRiOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 213.28 Publisher's Receipt for Advertising Cost ,., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general )e receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the 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 thc said Cumberland Law Journal on the following dates, viz: JANUARY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. REAL F~TATE SALE NO. 9 Writ No. 2003 3859 Civil The Bank of New York, as Trustee VS. Scott A. Morris Atty.: Frank Federman ALL THAT CERTAIN piece or parcel of land situate in the East Pennsboro Township. Cumberland County, Pennsylvania, bounded and described as follows, to w/t: BEGINNING at a point on the southern line of Columbia Road 500 .382 feet to a point of curve con- nectlng with line of Enola Road with the south line of Columbia Road; thence ttzrough the center of a par tltion wall and beyond South 30 degrees 14 minutes 30 seconds West 136.596 feet to a point; thence North 62 degrees 20 min- utes 10 seconds West 21.92 feet to a point; thence North 27 degrees 22 minutes 3l seconds East 1B7.034 feet to a point on the southern llne .of Cplumbia Road; thence en~h~,oM S WO ~ a-MRN TO Ab7; Cu°BY~tREId~ tE°~ befo re me this 30 day of JANUARY 2004 Cadisle Bom, Cumberland County My Commission Expires March 5, 2005 nectlng with line of Enola Road with the south line of Columbia Road; thence through the center of a par- tition wall and beyond South 30 degrees 14 minutes 30 seconds West 136.596 feet to a point; thence North 62 degrees 20 min utes ]0 seconds West 21.92 feet to a poli~t; thenc~ North 27 degrees 22 minutes 31 seconds East 137.034 feet to a point on the southern line of Columbia Road; thence eastward ly, along the Columbia Road in an arc having a radius of 574.95, 28.782 feet to a point, the place of Begin- ning. TITLE TO SAID PREMISES IS VESTED IN Scott A~ Morris, single man by Deed from Barbara A. Mor- ris, widow dated 5/4/1994 and re corded 5/19/1994, in Record Book 105, page 697. Tax Parcel #09 13 1002-289. Ca,isle Boro, Cun My Commission Exp