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HomeMy WebLinkAbout03-2871FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plainfiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215'} 563-7000 ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258 Plaintiff, DENNIS W. KOCIIAN MARIANNE M. KOCHAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. 03-2871-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 DENNIS W. KOCHAN and MARIANNE M. KOCHAN, 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 Plaintiff's damages as follows: As set forth in Complaint Interest from 6/17/03 to 8/12/03 TOTAL $126,429.92 $1,272.24 $127,702.16 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY · FEDERMAN AND PHELAN, LLP ' FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 1910'~ (?: s) 56~-7ooo ABN AMRO MORTGAGE GROUP, INC. Plaintiff VS. DENNIS W. KOCHAN MARIANNE M. KOCHAN Dbfendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DIVISION : CUMMBERLAND COUTxrTY : NO. 03-2871~CML TERM TO: DENNIS W. KOCI'IAN 197 SIMMONS ROAD MECHANICSBURG, PA 17055 DATE OF NOTICE: .~lIl,Y ~1.2§0t THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN AI-fEMPT 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, TI-~S CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAIN'ST PROPERTY. EMPORTANT NOTICE You are in default because you have failed to enter a wriaen appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against yotc Unless you act within ten (10) days fi-om the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or oth~ 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 CUMtSERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (7 ! 7) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIB_E FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff · FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LA%q~ENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (91~) 56'~-7000 ABN AMRO MORTGAGE GROUP, INC. Plaintiff Vs. DENNIS w. KOCHAN MARIANNE M. KocHAN Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMIvION PLEAS : CML DMSION : CUMMBERLAND COUNTY : NO. 03-2871-CIVIL TERM TO: MARI~ M. KOCHA~ 197 SIMMONS ROAD MECHANICSBURG, PA 17055 DATE OF NOTICE: ,l'l~I,Y tl. 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 gan ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCE1VIENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a haarmg and you may lose your property or other impomnt fights. 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN. ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALL/NAN, ESQUIRE A~orneys for Plaintiff 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 ABN AMRO MORTGAGE GROUP, 1NC. 7159 CORKLAN DR_IVE Plaintiff, DENNIS W. KOCHAN MARIANNE M. KOCHAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2871-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaimiffin 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 DENNIS W. KOCHAN is over 18 years of age and resides at, 197 SIMMONS ROAD, MECHANICSBURG, PA 17055. (c) that defendant MARIANNE M. KOCHAN is over 18 years of age, and resides at, 197 SIMMONS ROAD, MECHANICSBURG, PA 17055. 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 LEGAL DESCRIPTION ALL THAT C]~RTAIN Iraet of laud with the improvemeumz thetuon erected siumtc in kionpoe Township, Cumberland County, P~nnsylv'a~da, bounded and ~cscril~d as follows: ]~EGINNINO at a point on thc Southent side of L.R, 21068, ou thc dividing line between Loea Nos. 11 lml 12 on the here~a~r menlion~ plan of Iot~; theno: by said dividing Ib~c South 44 degr~s 30 n,.im~s Fast 220 fe~i lo a point; theace South 21 dcgrees 56 minutes 20 seconds Wes~ 81.71 feel to a point 0, thc b'n~cm side of Pin Oak Drive; ~hence ~y ~hc Ea~crn side of Pin Oak Dri~ North 68 dugrees 03 miuuu~l 40 meco~m Wcmt 81.53 fe~ to a point; thence by the same on a curve to the rislit, im arc dis~mcu of Ill .03 fu~ to a point; thence by saine North 44 desree.~ 30 miauW..~ West ~,§ feet to a point;/hence by thc ~ omi a curve to the right having ~ tc~ius of 25 feel an arc distauce of 39.27 ~ to a point ~m the Southemu side of L.R. 21068; thence by ~e Souihem ~ of maid L.R. 21068, North 43 d~gt~ 30 mimites F.~t 105 feet to the place of bet'hmi-$, B]EING Lo~ No. 11 of Section B of the plan of lots lmow~ as Mom~e Es~:s as rocorded in Ihe Office of the Recorder of Deeds tbr Cumberl.nd Cotmly in Plan Book 16, Page 75; ~ beta~ {mproveil with a ouc story ranch dwelling house with ~ car garage. TAX PAR~Jt,-L #22-26-0Z27-008 TITLE TO SAIl3 Pi~MISES IS VE.STI~ .Hq D~unis W. Kochn-a and M~fianne M, Kocha~, husband and wife by Deed from Patrick P. Smi~ ~ $~muc IH. Smith, husband ltnd wife, dated 6/30/1989 and recorded 7/3/1989 in Deed Book A, Volume 34~ Page 789. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C,P. 3180-3183 ABN AMRO MORTGAGE GROUP, INC, Plaintiff, DENNIS W. KOCHAN MARIANNE M. KOCHAN Defendant(s). No. 03-2871-CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 8/12/03 to DECEMBER 10, 2003 (per diem -$20.99) TOTAL $127,702.16 $2,518.80 and Costs $130,220.96 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103~ 1814 Attorney for Plaintiff Note: Please attach description of property. No. · LEGAL DESCRIPTION ALL THAT CERTAIN Iract of land with tke improve, meals theteo~l eix:ctrd ~imatc in Monroe Towlv~i@, ~land County, Pennsylvania, bouade~ and described ~s follows: BEGINNI~O a~ a po/ul on ~ $~t~ ~de of L,R, 210~, ~ ~c di~ ~ ~w~ ~ Nos. 11 ~ ~ on ~ h~e~r ~n~d pl~ ~ ]o~; ~ ~ s~ ~vi~ ]~ S~th ~ degas 30 ~s ~ ~0 ~t m a po~t; ~ Sou~ 21 deg~ 56 ~ 20 ~ Weg 81.71 f~ ~ a ~ ~ ~e ~ s~ 0f ~n ~ Drive; the~ by ~c ~rn s~ of ~ O~ D5~ No~ 68 ~g~s 03 ~ ~ ~s West 81.53 f~ to a ~ ~ by ~ s~e ~ a ~e ~ ~ right, a p~; ~ce by ~ ~ ~ a ~ w ~e ~t ~v~ n ~i~ of ~ f~ ~ ~ d~ of 39,27 No~ 45 ~gr~ ~ ~ ~ 1~ ~ to ~ pl~ of ~. BEING Lo~ No. 11 of Section B of the plan of 10B known as Monroe Estates as recorded in the Office of ~be Recc, rde~ of D~ls tbr Cumberland Coumy in Plan Book 16, Page 75; ~d beillg improv~J wit~ a op.g ~'y rnnch dwelling house wilh two c~ garage. TAX PARCEL g22-26-0227-008 TITLE TO BAlD PI{I~M'tqES I~q VEo~I']SD 1N Dennis W, Kochan and Marianne ti. Kocha~, hu~a~d and wife by Deed fpam Patrick P, Smith aixl Jeanne M. Smilh, husband aud wk~, dated 6/30/1989 and r.~corded ?/3/1989 iu Deed Buok A, Volume 34, Page 789. 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 ABN AMRO MORTGAGE GROUP, INC. Plaintiff, DENNIS W. KOCHAN MARIANNE M. KOCHAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2871-CIVIL TERM CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ABN AMRO MORTGAGE GROUP, INC. Plaintiff, DENNIS W. KOCHAN MARIANNE M. KOCHAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2871-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) ABN AMRO MORTGAGE GROUP, INC., 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 ,197 SIMMONS ROAD, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DENNIS W. KOCHAN 197 SIMMONS ROAD MECHANICSBURG, PA 17055 MARIANNE M. KOCHAN 197 SIMMONS ROAD MECHANICSBURG, PA 17055 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: Nanle 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MONROE TOWNSHIP MUNICIPAL BOILING SPRINGS ROAD AUTHORITY MECHANICSBURG, PA 17055 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 197 SIMMONS ROAD MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. August 12, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ABN AMRO MORTGAGE GROUP, INC. Plaintiff, DENNIS W. KOCHAN MARIANNE M. KOCHAN Defendant(s). TO: DENNIS W. KOCHAN 197 SIMMONS ROAD MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 03-2871-CIVIL TERM August 12, 2003 MARIANNE M. KOCHAN 197 SIMMONS ROAD MECHANICSBURG, PA 17055 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOTBE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN A GAINST PROPERTY. ** Your house (real estate) at, 197 SIMMONS ROAD, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff's Sale on DECEMBER 10, 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $127,702.16 obtained by ABN AMRO MORTGAGE GROUP, INC. (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 Sheriff's 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. You may also be able to stop the sale through other legal proceedings. You may need mi 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. 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. 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. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as it' the sale never happened. 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. 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. You may also have other rights and defenses, or ways of getting your home back, if you act immediately alter the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT ~TAIN Iract of land with lb.e improvements Rtetcon crcct~ $iluatc in Monroe Town.Rip, Cumbe~Fand County, Pennsylvania, bound~ and descril~d as follows: BEGINNING at a poim on thc Southern side of L,R 21068. on the dividing line between Lots Nos. I1 and 12 on the heteina~r mentioned plan of lots; thence by saki dividing linc Sollth 44 degrees 30 minu~es Fast 220 feet ~o a poin'c;, thence South 21 degrees 56 minutes 20 point on the Ea~crn side of Pin C~tk Drive; thence by Rte F. astern side of Pin Oak Drive North 68 degrees 03 minutes 40 seconds Wcs~ 81,$3 feet to a poim; Rten..,-e by the same on a curve m, the right, an are dis~an~ of tll.0'3 fcct to a point: then. ce by a~ North 44 degrees 30 minutes West ,~5 feet to a point; thence by tl~ same ou a curve to the fight having a radius of 25 feet an arc distance uf 39,27 feet to a point on the Southern aide of L.IL 21068; then¢~ by thc Southern sic. lc of said L.R. 21068, North 45 de~rees ~0 m~ I~ast 105 fee~ to the place of BgtNG Lot No. 11 of Section B of the plan of Io~s known as Monroe ~statcs as r~:~ot'ded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 16. Pag~ 75; an~l beillg im0roved with a one story ranch tlwellln~ hOIL~t~ ~ t~'O ~ g~ragc. TAX PARCEL #22-26-0227-008 TITLF~ TO ~AID P~gM-ISEt]/S VESTED IN Deamis W. Koc. han and Marianne M. Kochan, husband nad wife by Deed from Patrick P. Smi~tl nad Jeanne M. Smith, husband fred wi~e, dated 6/30/1989 a~d :re~orded 7/311989 in Deed Book A, Volume 34, Page 789. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH ElF PENNSYLVANIA) NO 03-2871 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP, INC. Plaintiff (s) From DENNIS W. KOCHAN AND MARIANNE M, KOCHAN (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 $127,702.16 L.L. $.50 Interest FROM 8/12/03 TO 12/10/03 - (PER DIEM - $20.99) - $2,518.80 AND COSTS Atty's Comm % Atty Paid $130.83 Plaintiff Paid Date: AUGUST 19, 2003 (Seal) Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonot~ "---~v: 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 Deputy SHERIFF'S RETURN CASE NO: 2003-02871 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN A2MRO MORTGAGE GROUP INC VS KOCHAN DENNIS W ET AL - REGULAR GERALD WORTHINGTON , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE KOCHAN DENNIS W DEFENDANT , at at 197 SIMMONS ROAD MECHANICSBURG, PA 17055 DENNIS W KOCHAN a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to was served upon 1850:00 HOURS, on the 10th day of July by handing to the together with law, , 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.83 Affidavit .00 Surcharge 10.00 .00 32.83 Sworn and Subscribed to before me this L ~ day of  ~/, A.D. ' ~rothonotary ~ So Answers: R. Thomas Kline 07/11/2003 FEDERMAN & PHELAN SHERIFF'S RETURN - REGULAR CASE NO: 2003-02871 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS KOCH-AN DENNIS W ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KOCHANMARIANNE M DEFENDANT , at 1850:00 at 197 SIMMONS ROAD MECH/kNICSBURG, PA 17055 MARIANNE M KOCHAN a true and attested copy of HOURS, on the 10th day of July by handing to COMPLAINT - MORT FORE the , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6 Service Affidavit Surcharge 10 16 O0 O0 O0 O0 O0 O0 Sworn and Subscribed to before me this ~ ~ day of (,~ ~ A.D. ~Pffothonotary ' · ~ So Answers: R. Thomas Kline 07/11/2003 FEDERMAN & PHEL/kN PLAINTII/F OrX~NOANT(S) AFFIDAVIT OF SERVICE ABN AMRO MORTGAGE GROUP, INC. DENNIS W. KOCHAN MARIANNE M. KOCHAN SERVE DENNIS W. KOCHAN AT 197 SIMMONS ROAD MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 03-2871-CIVIL TERM ACCT. #0601997954 Type of Action Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2003 SERVED Served and made known to D~14;41~ '~. KOCk~AIN~ at ll:ql~, ,o'clock~.n~,at I~"~ ~1~-0~5 ~ of Pennsylvania, in the manner described below: X Defendant personally served. __.Adult family member with whom Defendant(s) reside(s). Relationship is __.Adult in charge of Defendant(s)'s residence who refused to give name or relat~tonship, __.Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. Other: An officer of said Defendant(s)'s company. , Defendant, on the day of 2003, ~¢.~,~ttt. s~,~t*~ ~9A ~'~13~5 ,Commonwealth Description: Age ~ Height 5 'Il Weight t ~0 Race ~ Sex I~ Other I, O }4 ~ I ¢ ~. ~ ~ 5 , a co~etent adult, berg duly sworn accord~g tu law, depose ~d state that I personally handed a ~e ~d co~ect copy of ~e Notice of ShedWs Sal~ in ~e ~er as set fo~h here~ issued ~ the captioned case on the date and at · e ad,ess ~dica~d above. - . I ~ O. ~, ~a~ Pu~ic I Sworn to and sure, bed ] ~,~~ I befor~e ~s ~ ~y l of ~ 20~ ~. ~ ~~ [ PLEASE ATTEMPT SERVICE AT LEAST 3 T~ES. ~DICATE DATES & NOT SERVED On the __ _ day of ,200__, at __ Moved ___ Unlmown__ No Answer 1st Attempt:. / / Time: : 3ra Attempt: / / Time: : TIMES OF SERVICE ATTEMPTED. o'clock __.m., Defendant NOT FOUND because: __ Vacant 2"a Attempt:. / / Time: Sworn to and subscribed before me this. day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. I2248 AFFIDAVIT OF SERVICE PLAINTIFF DEFENDANT(S) ABN AMRO MORTGAGE GROUP, INC. DENNIS W. KoCHAN MARIANNE M. KocHAN SERVE MARIANNE I~L KocHAN AT 197 sIMMONS ROAD MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 03-2871-CIVIL TERM ACCT. #0601997954 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2003 SERVED ServedandmadeknowntoAM~gtA~6t~ ~, ROCflA~ _, Defendant, onthe_ 5~ , Co~onw~l~ ofpe~ylv~a, ~ ~e ~er described below: Defen~t ~o~lly se~ed. Adult ~ c~ge of Defend~t(s)'s residence who reused to give name or relafious~p. ~ M~geffClerk of place of lodg~g in which Defen~nffs) reside(s). Agent 0r pe~on h c~ge of Defen~t(s)'s office or us~l phce of b~ess. ~- ~ o~cer of said Defendanffs)'s co.any. ~er: Descrefion: Age~3_ Height ~rl ~ Weight ~'0~ ~ce~ _Sex~. O~er e ~ ~ 15 ~ F~ ~hS, a co~etent adult, being duly sworn accora~g to hw, d~use ~d s~te t~t I I,_ . ~ ~n ~,,~dcoaect'~ouv_~e~ce°fS~dfffs~t~m~er~setf°~here~issuedinthe capnonea case ~ I ~J' ~"~ ........ ~'-- ATTEMPTED. day of FA c o55. On the __ _ day of __ ., 200__, at _~ __-- Moved ~ Unknown_ No Answer 1st Attempt: / / Time: : NOT SERVED o'clock __.m., Defendant NOT FOUND because: . Vacant 2~a Attempt: / / Time: 3rd Attempt:_ / / _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 ABN AMRO MORTGAGE GROUP, INC. VS. DENNIS W. KOCHAN MARIANNE M. KOCHAN CIVIL ACTION CIVIL DIVISION NO. 03-2871-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for ABN AMRO MORTGAGE GROUP~ INC. hereby verify that on August 15~ 2003 tree and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: November 18, 2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ABN Amro Mortgage Group, Inc. VS Dennis W. Kochan and Mariane M. Kochan In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-2871 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 2669.69 Posting Handbills 15.00 Advertising 15.00 Mileage 11.04 Levy 15.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Law Journal 293.30 Patriot News 225.85 Share of Bills 28.90 $3335.28 paid by attorney 01/13/04 Swom and subscribed to before me This /q-~ day of(~/L~ ~., z,,,~ 200 ^.o Prothonotary So A~n_ sw$/s: R. Thomas Kline, Sheriff Real E~te Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approval May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} se Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporal{on organized and existing under the laws of the Commonwealth of Fennsylvania, 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 ragu(ar daily and/or Sunday/Metro editions which appeared on the 28th day(s) of October and the 4th and 11th day(s) of November 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that al{ 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 beha(f of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severafly by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous ~,ook "M", Volume 14, Page 317. ~UB/IC~TION .............. ~. ........ COPY Sworn to n~ubs;ribod bofore~h{s lgth day o~l~ovem~.~r~i"~003 A.D. My C~sio,~Expites Jt~ne 6, 2005 [ NOTARY PUBLIC ~ ~, pe~ania ~ ~My commission expires June 8, 2~ CUMBERLAND COUN'~' 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 $ 225,85 Publisher's Receipt for Advertising Cost ~., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general ge 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 the said Cumberland Law Journal on the following dates, viz: OCTOBER 17, 24, 31, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL E/ITATE $ALE NO. 35 Writ No. 2003-2871 Civil ABN Amro Mortgage Group. Inc. VS. Dermis W. Kochan and Marianne M. Kochan Atty.: Frank Federman LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows; BEGINNING at a point on the Southern side of L.R. 21068, on the dividing line between Lots Nos. 11 and 12 on the hereinafter mentioned plan of lots; thence by said dividing line South 44 degrees 30 minutes East 220 feet to a point; thence South 21 degrees 56 minutes 20 seconds West 81.71 feet to a point on the Eastern side of Pin Oak Drive; thence by the Eastern side of Pin Oak Drive North 68 degrees 03 minutes 40 seconds West 81.53 feet to a point; thence by the same of said L.R. ~}~0~, ho~~Ila J~uc~lq~- grees 30 minutes East 105 feet to the place of beginning. BEING Lot No. 11 of Section B of the plan of lots lmovm as Monroe Estates as recorded in the Office of the Recorder of Deeds for Cumber- land County in plan Book 16. Page 75: and being improved with a one story ranch dwelling house with two car garage. TAX pARCEL #22-26-0227-008. TITLE TO SAID pREMISES IS VESTED IN Dermis W. Kochan and ditor SWORN TO AND SUBSCRIBED before me this 31 dayof OCTOBER, 2003 LOIS E. SNYDER, Notary Public Cadisle Boro, Cumberland County My Commission F.~res March 5, 2005 Dermis W. Kochan and Marianne M. Kochan Atty.: Frank Federman LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Monroe Township, Cumberland County. Pennsylvania, bounded and described as lbllows: BEGINNING at a point on the Southern side of L.[L 21068, on the dividing line between Lots Nos. 11 and 12 on the hereinafter mentioned plan of lots; thence by said dividing line South 44 degrees 30 minutes East 220 feet to a point; thence South 21 degrees 56 minutes 20 seconds West 81.71 lket to a point on the Eastern side of Pin Oak Drive; thence by the Eastern side of pin Oak Drive North 68 degrees 03 minutes 40 seconds West 81.53 feet to a point; thence by the same on a curve to the right, an arc dis- tance of 111.03 feet to a point; thence by same North 44 degrees 30 minutes, West 45 feet to a point, thence by the same on a curve to the right having a radius of 25 feet an arc distance of 39.27 feet to a point on the Southern side of L.R. 21068; thence by the Southern side of said L.R. 21068, North 45 de- grees 30 minutes East 105 feet to the place of beginning. BEING Lot No. 11 of Section B of the plan of lots known as Monroe Estates as recorded in the Office of the Recorder of Deeds for Cumber- land County in Plan Book 16. Page 75; and being improved with a one story ranch dwelling house with two car garage. TAX PARCEL #22-26-0227-008. TITLE TO SAID PREMISES IS VESTED IN De,mis W. Kochan arid Marianne M. Kochan, husband and wife by Deed from Patrick P. Smith SWORN Ti 31 L~ My C¢ and Jeanne M. Smith, husband and wi~, dated 6/30/1989 and re- corded 7/3/1989 in Deed Book A. Volume 34, Page 789.