HomeMy WebLinkAbout03-4053FEDERMAN 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 CHASE MANHATTAN BANK AS TRUSTEE OF
DLJ TRUST SERIES 2000-2
338 SOUTH WARMINSTER ROAD
HATBORO, PA 19044
Plaintiff
RUSSELL RAY PENTZ
2101 CEDAR RUN DRIVE, UNIT 304
CAMP HILL, PA 17011
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CWIL DiVISION
TERM
CUMBERLAND COUNTY
Defendant(s)
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT
A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
You have been sued in Court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attomcy 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 thc 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 #: 75501
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 TV~ENTY
(20) DAYS, YOU MAY OBTAIN AN EXTENSION OF
THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A
JUDGMENT UNTIL THE EXPIRATION OF THIRTY
(30) DAYS AFTER YOU HAVE RECEIVED THIS
COMPLAINT. HOWEVER, IF YOU REQUEST
PROOF OF THE DEBT OR THE NAME AND
ADDRESS OF THE ORIGINAL CREDITOR WITHIN
THE THIRTY (30) DAY PERIOD THAT BEGINS
UPON YOUR RECEIPT OF THIS COMPLAINT,
THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR
OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO
YOU. YOU SHOULD CONSULT AN ATTORNEY
FOR ADVICE CONCERNING YOUR RIGHTS AND
OBLIGATIONS IN THIS SUIT.
File#: 75501
Plaintiff is
THE CHASE MANHATTAN BANK AS TRUSTEE
OF DLJ TRUST SERIES 2000-2
338 SOUTH WARMINSTER ROAD
HATBORO, PA 19044
The name(s) and last known address(es) of the Defendant(s) are:
RUSSELL RAY PENTZ
2101 CEDAR RUN DRIVE, UNIT 304
CAMP HILL, PA 17011
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
On 06/28/2000 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to EQUITY ONE, INC. which mortgage is recorded in the Office of
the Recorder of CUMBERLAND County, in Mortgage Book No. 1622, Page 22.
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 02/28/2003 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of mortgagor to make such payments after a date specified
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
File #: 75501
The following amounts are due on the mortgage:
Principal Balance
Interest
01/28/2003 through 08/15/2003
(Per Diem $13.73)
Attorney's Fees
Cumulative Late Charges
06/28/2000 to 08/15/2003
Cost of Suit and Title Search
Subtotal
$46,604.82
2,746.00
1,250.00
0.00
$ 550.00
$ 51,150.82
Escrow
Credit - 788.97
Deficit 0.00
Subtotal $- 788.97
TOTAL $ 50,361.85
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.
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
$ 50,361.85, together with interest from 08/15/2003 at the rate of $13.73 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.
FEDERMAN AND PHELAN. LI/P.t
FRANK FEDERMAN, ESQUIRE
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File #: 75501
ALL THAT CERTAIN Unit in the prope.rty known and identified in the Declaration referred to below
as "Cedar Place Condominium" located in the Township of Lower Allen, County of Cumberland,
Commonwealth of Pennsylvania, which has heretofore been submitted to the provision of the
Pennsylvania Uniform Condominium Act, 68 PA C.S. 3101 et seq., by reCOrding in the Office of the
Recori:ler of Deeds, in and for Cumberland County, a Declaration dated May 20, 1997 and recorded
June 2, 1997 in Miscellaneous Book 548, Page~ 1048, being and designated in such Declaration, as Unit
304 as more fully described in such Declaration, together with a proportionate undivided interest in the
Conunon Elements (as defined in such Declaration, as amended) of 4.9%.
PROPERTY ADDRESS 2101 CEDAR RUN DRIVE UNIT 304
TAX PARCEL #13-23-0549-233
VERIFICATION
MATT FEENEY hereby states that he is DOCUMENT CONTROL OFFICER of
FAIRBANKS CAPITAL CORPORATION mortgage servicing agent for Plaintiff in this matter, that
he 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 lmowledge, information and belief. The
undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904
relating to unswom falsification to authorities.
DATE:
Matt Feeney
Document Control Officer
SHERIFF' S RETURN - REGULAR
CASE NO: 2003-04053 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERL0~D
CHASE MANHATTAN BANK AS TRUSTE
VS
PENTZ RUSSELL RAY
RICHARD SMITH ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT - MORT FORE
PENTZ RUSSEL RAY
DEFENDANT , at 1830:00 HOURS,
at 2101 CEDAR RUN DRIVE
CAMP HILL, PA 17011
RUSSELL PENTZ
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
on the 19th day of August
UNIT 304
by handing to
a true and attested copy of COMPLAINT - MORT FORE
NOTICE
the
, 2003
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 9.66
Affidavit .00
Surcharge 10.00
.00
37.66
Sworn and Subscribed to before
me this 2?? day of
~e03 A.D.
Prbthonotary
So Answers:
R. Thomas Kline
08/20/2003
FEDEPdVLANAND~P
By: .... ~
eriff
FEDERMAN AND PHELAN, LLP
By: FRANK FEDERMAN
Identification No. 12248
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
t215} 563-7000
THE CHASE MANHATTAN BANK AS TRUSTEE
OF DLJ TRUST SERIES 2000-2
338 S. WARMINSTER ROAD
HATBORO, PA 19044
Plaintiff,
RUSSELL RAY PENTZ
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 03-4053 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 RUSSELL RAY PENTZ
and, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service
thereof and for Foreclosure and Sale of the mortgaged premises, and assess PlaintifPs damages as
follows:
As set forth in Complaint
Interest from 8/16/03 to 9/24/03
TOTAL
$50,561.85
$549.20
$50,911.05
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:DAMAGESg~''f ~Oi °~Z:O~ARE HEREBY ASSESSED AS INDICA~<ZOPRO PROTHY ~' ~
FEDERMAN AND PHELAN. LLP
FRANK FEDERMAN, ESQ., Id. No. 12248
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FILANCIS S. HALLINAN, ESQ.. Id. No. 62695
ONE PENN CENTER PLAZA. SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-700{}
THE CHASE MANHATTAN BANK AS TRUSTEE OF
DLJ TRUST SERIES 2000-2
Plaintiff
VS.
RUSSELL RAY PENTZ
Defendants
ATTORNEY FOR PLAINTIFF
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: CUMBERLAND COUNTY
: NO. 034053 CIVIL TERM
TO:
RUSSELL RAY PENTZ
2101 CEDAR RUN DRIVE. U~NIT 304
CAMP HILL. PA 17011
DATE OF NOTICE: SEPTEMRER 9. 2003
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO
YOU IN AN ATTEMPT TO COLLECT THE iNDEBTEDNESS REFERRED TO HEREiN, AND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE iN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS
ENFORCEMENT OF LIEN AGAINST PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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
CASE NO: 2003-04053 ~
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHASE MANHATTAN BANK AS TRUSTE
VS
PENTZ RUSSELL RAY
RICHARD SMITH Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according
says, the within COMPLAINT - MORT FORE was served upon
PENTZ RUSSEL RAY
DEFENDANT , at 1830:00
at 2101 CEDAR RUN DRIVE
CAMP HILL, PA 17011
RUSSELL PENTZ
HOURS ,
on the 19th day of August
UNIT 3O4
by handing to
a true and attested copy of COMPLAINT - MORT FORE
NOTICE
to law,
the
2003
~ogether with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 9.66
Affidavit .00
Surcharge 10.00
.00
37.66
Sworn and Subscribed to before
me this day of
So Answers:
R. Thomas Kline
'08/20/2003
FEDERMANAND P~
eriff
Prothonotary
FEDERMAN and PHELAN, LLP
By: FRANK FEDERMAN
Identification No. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
THE CHASE MANHATTAN BANK AS TRUSTEE
OF DLJ TRUST SERIES 2000-2
338 S. WARMINSTER ROAD
Plaintiff,
RUSSELL RAY PENTZ
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 03-4053 CIVIL TERM
VERIFICATION OF NON-MILITARY SERVICE
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that on information and belief, he has knowledge of the following facts,
to wit:
(a) that the defendant(s) is/are not in the Military or Naval Service of the United States
or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress
of 1940, as amended.
(b) that defendant RUSSELL RAY PENTZ is over 18 years of age and resides at 2101
CEDAR RUN DRIVE, UINT 304, CAMP HILL, PA 17011.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
Request for Military Status Page 1 of 1
Department of Defense Manpower Data Center
SEP-24-2003 14:32:(18
Military Status Report
Pursuant to the Soldiers' and Sailors' Civil Relief Act of' 1940
Cnrrently not on Active Military Dnty, based on the Social Security Number and last name provided.
Upon searching the intb~Tnation data banks of the Department of Defbnse Manpower Data Center, the
above is the current status o f the Defendant(s), per the Information provided, as to all branches of'the
Military.
Kenneth C. Scheflen. Director
Depm'tment of Defcnse- 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 Defeuse Enrolhnent and Eligibility Reporting System (DEERS) database which is the
official source of data on eligibility ['or 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~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/owaYsscra.prc_Select 9/24/2003
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
THE CHASE MANHATTAN BANK AS TRUSTEE
OF DLJ TRUST SERIES 2000-2
Plaintiff,
RUSSELL RAY PENTZ
Defendant(s).
No. 03-4053 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 -$8.37)
TOTAL
$50,911.05
$1,347.57and Costs
$52,258.62
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.
ALt. TIlAT cERTAIN Unit ia tim property know~ ;md ide~ltifietl m thc Declaration ~ferred to beluw
a~ 'Cedar Place Condominium~' located in the Tmvnship o~' Lowex Allen. Comaty et (;tm~berlalv:l.
Com~a~eal~ of Pera~sylvania, whiCh has h~remfnm been submitled to tlxe provision of the
Permsylvania Uniform Condominium Act, 68 PA C.S. 310t el ~q., by recording in thc Office e[ the
Recorde~ of Deeds~ i~ an0 for Cumberland Count3,, a Declaration dated btay 20, 1997 awl tm'ordeal
lune 2, 1997 ia MiscellaneoUS Book 548, Page 1045~ l~emg and designated in such I~clamtion, as Unit
304 as more rally ctemribed in ~eh Declaration, toge~mr with a proportiollate andivided intercs~ in the
Common Elements ins defira~ in such Declaration, as ame~v.i~d) of 4 9%.
TITLE TO SAiD Pp.£~ISES IS VESTED IN Russell Ray Peatz. singl~ by De~i from ghh-ley C,
Re0aut, single d~ted 6128120fY3 and recoided 6/29,"2000 in Record Book 221. Page 290.
TAX PARCEl. #13-23-0~-9-233
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 03-4053 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE CHASE MANHATTAN BANK AS TRUSTEE
OF DLJ TRUST SERIES 2000-2, Plaintiff (s)
From RUSSELL RAY PENTZ
(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 Ievied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: la) an attachment has been issued; lb) 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) IfpropeIty 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.
AmountDue $50, 911.05 L.L. $.50
Interest FROM 9/25/03 TO 3/3/04 (PER DIEM - $8.37) - $1,347.57 AND COSTS
Atty's Corem % Due Prothy $1.00
Atty Paid $119.66 Other Costs
Plaintiff Paid
Date: SEPTEMBER 30, 2003
(Seal)
CURTIS R. LONG
Deputy
REQUESTING PARTY:
Name FRANK FEDERMAN, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 12248
FEDERMAN and PHELAN, LLP
By: FRANK FEDERMAN
Identification No. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
THE CHASE MANHATTAN BANK AS TRUSTEE
OF DLJ TRUST SERIES 2000-2
Plaintiff,
RUSSELL RAY PENTZ
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DMSION
NO. 03-4053 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:
0 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 author/ties.
FRANK FEDERMAN, ESQUIRE
Attomey for Plaimiff
THE CHASE MANHATTAN BANK AS TRUSTEE :
OF DLJ TRUST SERIES 2000-2 :
Plaintiff, :
RUSSELL RAY PENTZ :
Defendant(s). :
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 03-4053 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
THE CHASE MANHATTAN BANK AS TRUSTEE OF DLJ TRUST SERIES 2000-2, Plaintiffin
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 ,2101 CEDAR RUN DRIVE, UNIT 304, CAMP HILL, PA 17011.
1. Name and address of Owner(s) or reputed Owner(s):
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
RUSSELL RAY PENTZ
2101 CEDAR RUN DRIVE, UNIT 304
CAMP HILL, PA 17011
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 Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
5. Name and address of every other person who has any record lien on the property:
Nanqe
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.
Nanle
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Nolle
7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in
the property which may be affected by the sale:
Nalne
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
2101 CEDAR RUN DRIVE, UNIT 304
CAMP HILL, PA 17011
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.
September 29, 2003
DATE
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
THE CHASE MANHATTAN BANK AS TRUSTEE
OF DLJ TRUST SERIES 2000-2
Plaintiff,
RUSSELL RAY PENTZ
Defendant(s).
TO:
RUSSELL RAY PENTZ
2101 CEDAR RUN DRIVE, UN1T 304
CAMP HILL, PA 17011
CUMBERLAND COUNTY
No. 03-4053 CIVIL TEILM
September 29, 2003
**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 B
AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY * *
Your house (real estate) at, 2101 CEDAR RUN DRIVE, UNIT 304, CAMP HILL, PA 17C
is scheduled to be sold at the Sheriffs Sale on MARCH 3, 2004 at 10:00 a.m, in the Cumberland
County Courthouse, South Hanover Street, Carhsle, PA 17013, to enfome the court judgment of
$50~911.05 obtained by THE CHASE MANHATTAN BANK AS TRUSTEE OF DLJ TRUST
SERIES 2000-2 (the mortgagee) against you, In the event the sale is continued, an announcemen!
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
costs and reasonable attorney's fees due. To find out how much you must pay
call: (215) 563-7000.
You may be able to stop the sale by filing a petition asking the Court to strik
judgment, if the judgment was improperly entered, You may also ask the C
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 Sherifi~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 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
ALt. TIlAT CERTAIN Unit iD rh~ propexty knmvn aa0 iaent/fied ~ ~c ~clar~on relbrr~d
~}']vaaia Uniform Condo~ai~ A~ 68 PA C,S~ 3101 Ct ~q,, ~y ~OCdi~
R~ord~ of ~s, i~ ~ t~r C~rl~d Co~~, a D~laiation ~t~ May 20,
June 2, I~7 m Mi~ll~eoua ~k ~8, Page 1~8, bm~ ~ des~t~ ~ ~h ~larmio~,
3~ as ~m ~Ry de~ in su~ DeclaratiOn, ~oge~r will} a ~o~io~te ~vid~ i~rest in thc
Common ~lementa (~ defl~ ~a such O~clarafion, a~ ~e~) of 4 9%.
TI.T. LF_~_TO gA1D P~EMlgE$ I$ VF~TED IN Rus~tl Ray P~mz, single by Oe~l fr}>m Shirley C,
Rennin, si~lgle dated 6/28,~2000 and recorde~ 6i29/21Yo0 in Reco~ I~ok 22,~, Page 290,
TAX PARCEl, #13-23~0~49-233
PLAINTIFF
~.FFIDAVIT OF SERVICE
THE CHASE MANHATTAN BANK AS
TRUSTEE OF DLI TRUST SERIES 2000-2
DEFENDANT(S)
RUSSELL RAY PENTZ
SERVE RUSSELL RAY PENTZ AT
2101 CEDAR RUN DRIVE, UNIT 304
CAMP HILL, PA 17011
SERVED
CUMBERLAND COUNTY
No. 03-4053 CIVIL TERM
AG(~T. 1~4000'154783
Type of Action
~ Notice of Sheritt's Sale
Sale Date: MARCH 3, 2004
Served and made known to ~,,.J~ ~Ok~ ~eda.~"'~ ,Defendant. onthe In}~ dayofO¢~.,200_~
at_ ¢ ,o'clock~.m.,at 2mt Ct~ ~a DC O-,t 3~4 ~ tqtf/~.tqOt~Co~onweatth
of Peonsylvanla, in the ma~er described below:
~_ Detkndant personally served.
~ Adult th~ly member with whom Detkndant(s) reside(s). Relationship is
Adult in charge of Defendant{s)'s residence who rethsed ~o give name or relatio~hip. ~'
Manager/Clerk of place of lodging in which Dekndant(s) reside(s).
~_Agent or person in charge of Def~ndant{s)'s office or usual place of business.
an officer of said Detkndant(s)'s company.
Other:
Description: Age ~ ~
a trtte and correct copy of the Notice or'Sheriff's Sale in the mmmer as set tbrth herein, issued in the captioned case ;- ' lnd ar
the address indicated above.
Height 5'~ Weight.["/O P. ace Xrd Se,: M Other
, a competent adult, being duly sworn according tn law, depose and state that I pers<,aaiiy i:anded
On the
NOT SERVED
dav of
Moved __ Unknown
,200_. at __
__ No Answer
/ Time: :
/ / Time: :
& TIMES OF SERVICE ATTEMPTED.
o'clock __.m., Defendant NOT FOUND because:
__ Vacant
2''a Attempt:, / / Time:
1st Attempt:.
3rd Attempt:
Sworn to and subscribed
betbrerne this day
of _,200_.
Notary:
By:
.Attorney lbr Plaintiff
Frank Federman, Esquire - I.D. No. 12248
IN T~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
THE CHASE MANHATTAN BANK AS
TRUSTEE OF DLJ TRUST SERIES 2000-
2
VS.
RUSSELL RAY PENTZ
CIVIL ACTION
CIVIL DIVISION
NO. 03-4053 CIVIL TERM
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
SS:
I, FRANK FEDERMAN, ESQUIRE attorney for THE CHASE MANHATTAN
BANK AS TRUSTEE OF DLJ TRUST SERIES 2000-2 hereby verify that on
September 30~ 2003 tree and correct copies of the Notice of Sheriff's sale were served
by certificate of mailing to the recorded lien_holders, and any known interested party see
Exhibit "A" attached hereto.
DATE: February 3, 2004
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
00.90o
MAILED FRO~,~ ZIpcODE I gl 03
The Chase Manhattan Bank as Trustee
Of DLJ Trust Series 2000-2
VS
Russell Ray Pentz
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2003-4053 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED per instructions from Attorney Frank Federman.
Sheriff's Costs:
Docketing 30.00
Poundage 11.99
Posting Handbills 15.00
Advertising 15.00
Mileage 20.70
Levy 15.00
Surcharge 20.00
Postpone Sale 20,00
Law Journal 200.30
Patriot News 232.51
Share of Bills 29.32
Law Library .50
Prothonotary 1.00
$ 611,32 paid by attorney
06/18/04
Sworn and subscribed to before me So Answers:
2004, A.D. (~ /~ '~.,~[~,./~ R. Thomas Klirle,'Sheriff
Prothonotary Real Es~te Deputy
Real Estate Sale # 13
On November 05, 2003 the sherifflevied upon the
defendant's interest in the real property situated in
Lower Allen Township, Cumberland County, PA
Known and numbered as 2101 Cedar Run Drive, Unit 304
Camp Hill, more fully described on Exhibit "A"
i;~filed with this writ and by this reference incorporated herein.
Date: November 05, 2003 By:
Real Estate' Deputy
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 duly sworn according to law, deposes and says:
That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the
City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The
Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 20th and 27th day(s) of January and the
3rd day(s) of February 2004. 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 saidlCC~unty of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317. ~.ll I~.,.~.r'~~
PUBLICATION ..........................................................................
COPY ~to and[subsCribed befor/~
~Of Harrisburg/Dauphin County
RIEHL E~I'A'IIE ~U.E N~.13
Sworn to and ribed befo leth~ 23rd day ~e~ru/e~O04 A.D.
M~ ~u~n ~n~ ~ NO~RY ~UBLIC
~~~~___~,yV ~'~Ex~.h~. commission expires June 6, 2006
CUMBER~ND ~U~ SHERIF~ O~ICE
CUMBERED ~ ~OUSE
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
$ 232.51
Publisher's Receipt for Advertising Cost
publisher of The Patriot-News and The Sunday Patriot-News, newspaper~ of 9eneral
receipt of the aforesaid notice ~nd publication costs and ce~ifies that the s~me have
....................................................................
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
SS.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
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.
R~tL ESTATE SALE NO. 13
Writ No. 2003 4053 Civil
The Chase Manhattan Bank
as Trustee of DLJ Trust
Series 2000 2
VS,
Russell Ray Pentz
Atty.: Frank Federman
ALL THAT CERTAIN Unit in the
Property known and identified ii1 the
Declaration referred to below as
'Cedar place CondorninJum' located
In the Township of Lower Allen.
County of Cumberland, Common-
wealth of Pennsylvania, which has
heretofore been submitted to the
provision of the Pelmsylvania Urd
form Condominium Act. 68 PA C.S.
3101 et seq., by recording in the
Office of the Recorder of Deeds, in
and for Cumberland County, a Dec-
laration dated May 20, 1997 and
recorded June 2. 1997 in Mlscella
neous Book 548. Pago 1048. being
_a!)~ des_lg_na.ted in such Declaration,
Lisa Marie Cqyne, Editor
SWORN TO AND SUBSCRIBED before me this
30 .day of JANUARY 2004
NOTARIal: ~EAL
LOIS E, SNYDER, Notaq Public
Carlisle Boro, Cumberland County
My Comm~i~ E~ims Ma~ 5, 2~5
in thc Township of Lower Allen,
County- of Cumberland, Common-
wealth of Pennsylvania, which has
heretofore been submitted to the
provision of the Pennsylvania UUl-
form Condominium Act, 68 PA C.S.
3101 et seq.. by recording in the
Office of the Recorder of Deeds, in
and for Cumberland County, a Dec
laration dated May 20. 1997 and
recorded Julle 2, 1997 in Miscella
neous Book 548, Pago 1048. being
and designated in such Declaratior~,
as Unit 304 as more fully described
in such Declaration, together with
a proportionate undivided interest
in the Common Elements (as de-
fined in such Declavatio~, as amend-
ed) of 4.9%.
TITLE TO SAID PREMISES IS
VESTED IN Russell Ray Pentz,
single by Deed from Shirley C.
Renaut, single dated 6/28/2000
and recorded 6/29/2000 in Record
Book 224, Page 290.
TAX PARCEL #13-23 0549-233.
NOTARIN
LOIS E. SNYDER
CalLsle Bom, Cun'
My CommiSsion Expi