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HomeMy WebLinkAbout03-5164LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 CHASE MANHATTAN BANK, AS TRUSTEE : FOR BENEFIT OF CERTIFICATEHOLDERS : OF EQUITY ONE ABS, INC. MORTGAGE : PASS-THROUGH CERTIFICATES SERIES 2002-1: c/o EQUITY ONE, INCORPORATED 301 Lippincott Drive Marlton, NJ 08053 Plaintiff, V. NANCY SANGER 2140 Market Street, Unit C 102 Camp Hill, PA 17011 Defendant. THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NOTICE You have been sued in court. If you wish to defend against the cla'uns 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 this 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 TO GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (SO0) 990-9108 NOTICE The amount of your debt is as stated in the attached document. The name and address of the creditor to whom the debt is owed is as named in the attached document. This is an attempt by a debt collector to collect a debt. Any information obtained will be used for Chat purpose. Unless you notify this office within thirty (30) days after receiving this notice that you dispute the validity of the debt or any portion thereof, this office will assume that this debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice that tile debt, or any portion thereof, is disputed, this office will obtain verification of the debt and mail you a copy ofsuch verification. Collection agencies are regulated by a federal law which grants you certain rights. One of these is the right to have us cease communication with you about this debt. If you ask us in writing to cease, we will. This law is administered by the Federal Trade Commission, Division of Credit Practices, Washington, D.C. 20580. Il'you request this office in writing within thirty (;50) days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor. Note: If you have received a discharge in bankruptcy which discharges the debt which is the subject hereof, this Notice is for information purposes only and should not be considered an attempt to collect a debt. Peter Meltzer, Esquire 1600 Locust St. Philadelphia, PA 19103 215-545-3300 LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CHASE MANHATTAN BANK, AS TRUSTEE : FOR BENEFIT OF CERTIFICATEHOLDERS : OF EQUITY ONE ABS, INC. MORTGAGE : PASS-THROUGH CERTIFICATES SERIES 2002-1: c/o EQUITY ONE, INCORPORATED 301 Lippincott Drive Marlton, NJ 08053 Plaintiff, V. NANCY SANGER 2140 Market Street, Unit C 102 Camp Hill, PA 17011 Defendant. CUMBERLAND COUNTY COURT OF COMMON PX EAS NO.: COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the plaintiff, Chase Manhattan Bank, as Trustee for benefit of certificateholders of Equity One, ABS, Inc. Mortgage Pass-Through Certificates Series 2002-1, by and through its attorneys, Law Offices of Peter E. Meltzer and Associates, P.C., and files this Complaint in Mortgage Foreclosure pursuant to the Pennsylvania Rules of Civil Procedure and avers the following: PARTIES 1. Plaintiff, Chase Manhattan Bank, as Trustee for the benefit of Certificateholders of Equity One ABS, Inc. Mortgage Pass-Through Certificates Series 2002-I is aNew York banking corporation with an address at 450 W. 33~d Street, 15th Floor, New York, NY 10001. Plaintiff's loan servicer is Equity One, Incorporated ("Equity One"), a Pennsylvania corporation with an address at 301 Lippincott Drive, Marlton, NJ 08053. Defendant is the individual named above residing at the address given above VENUE Venue is proper in Cumberland County under Pa.R. Civ.P. 1142 in that said County is the county where the cause of action arose and the county where the transaction or occurrence took place out of which the cause of action arose and the county where the real property which secures the loan made by Plaintiffto Defendant is located. FACTS On or about October 17, 2001, Equity One loaned Defendant the principal sum of $56,000.00 with interest in accordance with the terms and conditions of a certain Promissory Note of even date executed by Defendant in favor of Equity One (the '~Note"). The Note is secured by a Mortgage executed by Defendant in favor of Equity One (the "Mortgage") granting Plaintiffa mortgage lien on real estate located at 2140 Market Street, Unit C 102, Camp Hill, PA 17011 (the "Property"). The Mortgage was recorded with the Cumberland County Recorder of Deeds on October 23, 2001 at Book 1736, page 1717. Upon information and belief, the Property consists of a residential dwelling. Defendant is the owner of the Property covered by the Mortgage. The Note and Mortgage were assigned by Equity One to Equity One, ABS, Inc. and then further assigned by Equity One,/kBS, Inc. to Plaintiffherein (the "Assignment"). The Assignment was recorded with the Cumberland County Recorder of Deeds on August 26, 2002 at Book 689, Page 3363. 2 10. 11. 12. Plaintiff is the holder of the Note and Mortgage, and there has been no further assignment of the Note and Mortgage. As a result of the failure to make payments due under the Note since February 1, 2003 and thereafter, the entire unpaid balance of principal indebtedness, together with all accrued and unpaid interest, and all of Plaintiffs costs as authorized in the Note are immediately due and payable, comprised as follows: Principal Balance Due: Interest Due as of August 27, 2003: Late Charges: Corporate Advance Balance: Security Satisfaction Fee: Attorney's Fees: Cost of Suit and Title Search: Total Sum Due $55,747.19 $ 4,289.11 $ 197.82 $ 1,135.00 $ 54.00 $ 2,787.36 $ 500.00 $64,710.48 Interest accrues on the Note from August 27, 2003, at the per diem rate of $17.95 and there is a monthly late charge of $28.26. The attorneys' fees set forth above are in conformity with the mortgage documents and/or 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 sale, reasonable attorneys' fees will be charged based on work actually performed. Act 6, the Act of January 30, 1974, P.L. 13, No. 6, 41 P.S. §403 et s.eq, and the Homeowner's Emergency Assistance Act, Act of December 23, 1983, P.L. 395, No. 91, 35 P.S. §1680.401(c) et seq., have been complied with. 3 WHEREFORE, Plaintiff demands in rem judgment for foreclosure and sale of the property against Defendant in the amount and with the per diem interest set forth in paragraph 10 above, together with imerest at the rate set forth in the Note from the date of judgment, and other damages and relief as the court may deem just. Respectfully submitted, LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: ~ VERIFICATION The undersigned, Melissa Schaef fer , hereby certifies he/she is the authorized officer of the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. 4904 relating to unswom falsification to authorities. allle: * Me~ Title: A,~ Vi~ PrUdent Eqult~ One, Inc. LAW OFFICES OF PETER E. MELTZER & ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 CHASE MANHATTAN BANK, AS TRUSTEE : FOR BENEFIT OF CERTIFICATEHOLDERS : OF EQUITY ONE ABS, INC. MORTGAGE : PASS-THROUGH CERTIFICATES SERIES 2002-1: c/o EQUITY ONE, INCORPORATED : : V. : NANCY SANGER : THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 03-5164 Civil Term PETITION TO AMEND COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the plaintiff, Chase Manhattan Bank, et al., by and through its attorneys, Law Offices of Meltzer and Associates, P.C., and fi~les this Petition pursuant to the Pennsylvania Rules of Civil Procedure 430 and avers the following: 1. On or about October 17, 2001, Equity One, Inc. ("Equity One") loaned Defendant the principal sum of $56,000.00 with interest in accordance with a certain Promissory Note of even date executed by Defendants in favor of Equity One (the "Note"). 2. The Note is secured by a Mortgage executed by Defendants in favor of Equity One (the "Mortgage") granted Equity One a mortgage lien on reai estate located at 2140 Market Street, Unit C-102, Camp Hill, PA 17011. The Mortgage was recorded with the Cumberland County Recorder of Deed on October 23,. 2001 at Book 1736 Page 1717. 3. The Note and Mortgage were assigned by Equity One to Equity One, ABS, Inc. and then further assigned by Equity One, ABS, Inc. to Plaintiffherein (the "Assignment"). The Assignment was recorded with the Cumberland County Recorder of Deeds on August 26, 2002 at Book 689 Page 3363. o o 10. 11. On September 29, 2003, Plaintiff filed a Mortgage Foreclosure Complaim against the above Defendant on or about March 3, 2003. A true and correct copy of the filed Complaint is attached hereto as Exhibit "A". The Cumberland County Sheriff served the Defendant with the Complaint on October 6, 2003. The Defendant was served at 2144 Market S~xeet, Unit C-102, a slightly differem address than the mortgaged property. See Exl~ibit "B". The Sheriff's office informed Plaintiff that no "Unit C-102" exists at 2140 Market Street, but only exists at 2144 Market Street. Thereafter Plaintiff spoke to Defendant directly and she confirmed that the mortgaged property address is 2144 Market Street, Unit C-102. Because both the Mortgage and the Deed to the property state that the current address is in fact, 2140 Market Street (see the legal description attached to the proposed Amended Complaint), there is, at the least, some ambiLguity as to the correct address for the property. For the foregoing reasons, it is necessary to amend the: Complaint solely for the purpose of correcting the mortgaged property address. Pa.R. Civ. P 1033 permits pleadings to be amended at any time with leave of court. A true and correct copy of the proposed Amended Complaint is attached hereto as Exhibit "C". 2 WHEREFORE, Plaintiff requests that this Court grm~t it leave to amend the Complaint in the form of Exhibit "C" attached hereto. LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. Dated: November 4, 2003 By: ~ ~'~/~ PETER E./~IELTZE1L ~ESQUIRE 3 VERIFICATION I, Peter E. Meltzer, am duly authorized to make this Verification on behalf of Chase Manhattan Bank, et al. and do hereby verify that the statemen'ts made in the foregoing Petition to Amend Complaint in Mortgage Foreclosure are tree and correct to the best of my knowledge, information and belief. I further understand that lt~e statements therein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Exhibit "A" LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 CHASE MANHATTAN BANK, AS TRUSTEE : FOR BENEFIT OF CERTIFICATEHOLDERS : OF EQUITY ONE ABS, INC. MORTGAGE : PASS-THROUGH CERTIFICATES SERIES 2002-1: c/o EQUITY ONE, INCORPORATED 301 Lippincott Drive Marlton, NJ 08053 Plaintiff, V. NANCY SANGER 2140 Market Street, Unit C 102 Camp Hill, PA 17011 Defendant. THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES [[EARING IS NOT REQUIRED. Attorneys for Plaintiff C, UMBERLAND COUNTY COURT OF COMMON PLEAS NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with this 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 ()NE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE TO GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 NOTICE The amount of your debt is as stated in the attacbeC[ document. The name and address of the creditor to whom the debt is owed is as named in the attached document. This is an attempt by a debt collector to collect a debt. Any information obtained will be used for Chat purpose. Unless you notify this office wi,q~in tl'~ir/y (30) days after receiving this notice ~hat you dispute the validity of the debt or any portion thereof, this office will assume tbat this debt is valid. If you notify this office in writing witbin thirty (30) days from receiving tbis notice tbat tile debt, or any portion thereof, is disputed, tbis office will obtain verification of the debt and mail you a copy of such verification. Collection agencies are regulated by a federal law which grants you certain fights. One of these is the right to have us cease communication with you about this debt. Ii'you ask us in writing to cease, we will. This law is administered by the Federal Trade Commission, Division of Credit Practices, Washington, D.C. 20580. Il'you request tliis office in wrlting wlthin thirty (30) days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current cr~xlitor. Note: Il'you have received a discharge in bankrupts/which discharges the debt which is the subject hereof, this Notice is for information purposes only and should not be considered anlattempt to collect a debt. Peter Melter, Esquire 1600 Locust St. Philadelphia, PA 19103 215-545-3300 LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 CHASE MANHATTAN BANK, AS TRUSTEE FOR BENEFIT OF CERTIFICATEHOLDERS OF EQUITY ONE ABS, 1NC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2002- c/o EQUITY ONE, iNCORPORATED 301 Lippincott Drive Marlton, NJ 08053 Plaintiff, V. THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: NANCY SANGER 2140 Market Street, Unit C 102 Camp Hill, PA 170[1 Defendant. : COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the plaintiff, Chase Manhattan B~mk, as Trustee for benefit of certificateholders of Equity One,/LBS, Inc. Mortgage Pass-Through Certificates Series 2002-1, by and through its attorneys, Law Offices of Peter E. Meltzer and Associates, P.C., and files this Complaim in Mortgage Foreclosure pursuant to the Pennsylvania Rules of Civil Procedure and avers the following: PARTIES 1. Plaintiff, Chase Manhattan Bank, as Trustee for the benefit of Certificateholders of Equity One/kBS, Inc. Mortgage Pass-Through Certificates Series 2002-1 is a New York banking cortb°mtion with an address at 450 W. 3Ya S't~eet, 15t~ Floor, New York, NY 10001. Plaihtiff's loan servicer is Equity One, Incorporated ("Equity One"), a Pennsylvania corporation with an address at 301 Lippincott Drive, Marlton, NJ 08053. Defendant is the individual named above residing at the address given above VENUE Venue is proper in Cumberland County under Pa.R. Civ. P. 1142 in that said County is the county where the cause of action arose and the county where the transaction or occurrence took place out of which the cause of action arose and the county where the real property which securas the loan made by Plaintiffto Defendant is located. FACTS On or about October 17, 2001, Equity One loaned Defendant the principal sum of $56,000.00 With interest in accordance with the terms and conditions of a certain Promissory Note of even date executed by Defendant in favor of Equity One (the "Note"). The Note is secured by a Mortgage executed by Defendant in favor of Equity One (the "Mortgage") granting Plaintiff a mortgage lien on real estate located at 2140 Market Street, Unit C 102, Camp Hill, PA 17011 (the "Prope~'). The Mortgage was recorded with the cumberland County Recorder of Deeds on October 23, 2001 at Book 1736, page 1717. Upon information and belief, the Property consists of a residential dwelling. Defendant is the owner of the Property covered by the Mortgage. The Note and Mortgage were assigned by Equity One to Equity One, ABS, Inc. and then further assigned by Equity One, ABS, Inc. to Plalmiff herein (the "Assignment"). The Assignment was recorded with the Cumberland County Recorder of Deeds on August 26, 2002 at Book 689, Page 3363. 10. 11. 12. Plaintiff is the holder of the Note and Mortgage, and there has been no further assignment of the Note and Mortgage. As a result of the failure to make payments due under the Note since February 1, 2003 and thereafter, the entire unpaid balance of principal indebtedness, together with all accrued and unpaid interest, and all of Plaintiffs costs as authorized in the Note are immediately due and payable, comprised as follows: Principal Balance Due: Interest Due as of August 27, 2003: Late Charges: Corporate Advance Balance: Security Satisfaction Fee: Attorney's Fees: Cost of Suit and Title Search: Total Sum Due $55,747.19 $ 4,289.11 $ 197.82 $ 1,135.00 $ 54.00 $ 2,787.36 $ 500.00 $64,710.48 Interest accrues on the Note from August 27, 2003, al: the per diem rate of $17.95 and there is a monthly late charge of $28.26. The attorneys' fees set forth above are in conformity 'vdth the mortgage documents and/or Pennsylvania law and will be collected in the event ora third-party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to sale, reasonable attorneys' fees will be charged based on work actually performed. Act 6, the Act of January 30, 1974, P.L. 13, No. 6, 41 P.S. §403 et seq., and the Homeowner's Emergency Assistance Act, Act of December 23, 1983, P.L. 395, No. 91, 35 P.S. §1650.401(c) et sea.. have been complied with. WHEREFORE, Plaintiff demands in rem j udgmem ~br foreclosure and sale of the property against Defendant in the amount and with the per diem interest set forth in paragraph I0 above, together with interest at the rote set forth in the Note fi'om the date of judgment, and other damages and relief as the court may deem just. Respectfully submitted, LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. Dated: c~/% ~-~ pn/~~~~2~ 4 VERIFICATION The undersigned, Mel issa Schaef fer , hereby certifies he/she is the authorized officer of the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts are true and correct to the best of her knowledge, infom~ation and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. 4904 relating to unswom falsification to authorities. Name: I~l,~lt~a Seha~t~ Title: Am. VI~ Pr~tdent Equltl/One, Inc. Exhibit "B" SHERIFF'S RETURN - REGULAR CASE NO: 2003-05164 P COMMONWEALTH oF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN BANK VS SANGER NANCY HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SANGER NANCY the DEFENDANT , at 1505:00 HOURS, on the 6th day of October , 2003 at 2144 MARKET STREET UNIT C 102 CAMP HILL, PA 17011 NANCY SANGER a true and attested copy of by' handing to COMPLAINT - MORT FORE together with and at the same time directing Her 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 iday of Prothondtary So Answers: R. Thomas Kline 10/07/2003 PETER MELTZER Deputy ~eriff Exhibit "C" LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaimiff CHASE MANHATTAN BANK, AS TRUSTEE : FOR BENEFIT OF CERTIFICATEHOLDERS : OF EQUITY ONE AB$, INC. MORTGAGE : PASS-THROUGH CERTIFICATES SERIES 2002-1: c/o EQUITY ONE, INCORPORATED : 301 Lippincott Drive Marlton, NJ 08053 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 03-5164 Civil Term NANCY SANGER 2140 Market Street, Unit C-102 a/k/a 2144 Market Street, Unit C-102 Camp Hill, PA 17011 Defendant. AMENI~ED COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the plaintiff, Chase Manhattan Bank, as Trustee for benefit of certificateholders of Equity One, ABS, Inc. Mortgage Pass-Through Certificates Series 2002-1, by and through its attorneys, Law Offices of Peter E. Meltzer anti Associates, P.C., and files this Amended Complaim in Mortgage Foreclosure pursuant to the Pennsylvania Rules of Civil Procedure and avers the following: PARTIES 1. Plaintiff, Chase Manhattan Bank, as Trustee for the benefit of Certificateholders of Equity One ABS, Inc. Mortgage Pass-Through Certificates Series 2002-1 is a New York banking corporfition with an address at 450 W. 33~a Street, 15th Floor, New York, NY 10001. Plaintiffs loan servicer is Equity One, Incorporated ("Equity One"), a o 4 Pennsylvania corporation with an address at 301 Lippincott Drive, Marlton, NJ 08053. Defendant is the individual named above residing at the address given above VENUE Venue is proper in Cumberland County under Pa.R. Civ.P. 1142 in that said County is the county where the cause of action arose and the county where the transaction or occurrence took place out of which the cause of action arose and the county where the real property which secures the loan made by Plaintiff to Defendant is located. FACTS On or about October 17, 2001, Equity One loaned Defendant the principal sum of $56,000.00 with interest in accordance with the terms and conditions of a certain Promissory Note of even date executed by Defendant in favor of Equity One (the "Note"). The Note is sec~ed by a Mortgage executed by Defendant in favor of Equity One (the "Mortgage") granting Plaintiff a mortgage lien on real estate located at 2140 Market Street, Unit C-li02 a/k/a 2144 Market Street, Unit C-102,. Camp Hill, PA 17011 (the "Property"). The Mortgage was recorded with the Cumberland County Recorder of Deeds on October 23, 2001 at Book 1736, page 1717. See the Legal Description attached hereto as Exhibit "A". Upon information and belief, the Property consists of a residential dwelling. Defendant is the owner of the Property covered by the Mortgage. The Note and Mortgage were assigned by Equity One to Equity One, ABS, Inc. and then further assigned by Equity One, ABS, Inc. to Plalntiffherein (the "Assignment"). The Assignment w~ recorded with the Cumberland County Recorder of Deeds on August 26, 2002 at Book 689, Page 3363. 10. 11. 12. Plaintiffis the holder of the Note and Mortgage, and there has been no further assignment of the Note and Mortgage. As a result of the failure to make paymems due under the Note since February 1, 2003 and thereafter, the entire unpaid balance of principal indebtedness, together with all accrued and unpaid interest, and all of PlaintilTs costs as authorized in the Note are immediately due and payable, comprised as follows: Principal Balance Due: Interest Due as of August 27, 2003: Late Charges: Corporate Advance Balance: Security Satisfaction Fee: Attorney's Fees: Cost of Suit and Title Search: Total SUm Due $55,747.19 $ 4,289.11 $ 197.82 $ 1,135.00 $ 54.00 $ 2,787.36 $ 500.00 $64,710.48 Interest accrues on the Note from August 27, 2003, at the per diem rate of $17.95 and there is a monthly late charge of $28.26. The attorneys' fees set forth above are in conformity with the mortgage documents and/or 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 sale, reasonable attorneys' fees will be charged based on work actually performed. Act 6, the Act of January 30, 1974, P.L. 13, No. 6, 41 P.S. §403 et seq., and the Homeowner's Emergency Assistance Act, Act of December 23, 1983, P.L. 395, No. 91, 35 P.S. §1680.401(c) et seq., have been complied with. WHEREFORE, Plaintiff demands in rem judgment for !Foreclosure and sale of the property against Defendant in the amount and with the per diem interest set forth in paragraph 10 above, together with interest at the rate set forth in the Note from the date of judgment, and other damages and relief as the court may deem just. Respectfully submitted, LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES~ P.C. Dated: By: PETER E. MELTZER, ESQUIRE ALL THAT CERTAIN unit and the property known, named and identified in the Declaratio referred to below as 'Academy Court Condominium', situate in the Borough of Camp Hill,%um. berland County, P~nnsylvania, which has heretofore been submitted to the provisions of thc Pennsylvania Un/fOrm Condominium Act, 68 PA. C.-q.A Section 3101, ct seq., by the recording in the office of the Ret:order of Deeds of Cumberland County of a Declaration, dated February 1, 1988 and recorded July 5, 1988, in Miscellaneous Book 351, Page 777, as the same shall be a- mended from time ko time, as Unit No. C-102, which said Unit is more fully described in said Declaration, as thel same may be amended from time to time, together w/th a proportionate un- divided interest in lhe Common Elements (as defined in said Declaration) of 6.28%. BEING Lot No. 1 arid Lot No. lA, Final Subdiv/sion Plan, Regent Construct/on Company and Land Use Developn~ent Plan, Central Pennsylvania Savings Association, dated December 1 I, 1987 and revised January 11, 1988, recorded in the OfJSce oi' the Recorder of Deeds of Cumber- land County in Pla~ Book 54, Page 146. BEING known and numbered as 2140 Market Street! Camp HHI, Pennsylvania. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rigbts-o£-way, ense- menls and agreemcrits of record. FURTHER UNDER AND SUBJECT to any and all covenants, conditions, reslrictions, rights-of- way and easements ~s set forth on Plats and Plans. Site Plan, recorded in thc Off/cc o£ the corder of Deeds of CUmberland County, Pennsylvania, in Plan t3ook 55, Page 118. BEING the same ~remises which George B. Cook and Janet M. Cook, husband and wife, by their deed dated March 4, 1997, and recorded March 6, 1997, in the Office of the ReCorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 154~ Page 130, granted and conveyed unto Nancy L. Sanger, Mortgagor herein~ Tax Parcel No. 01-21-0271-366.6102C LAW OFFICES OF PETER E. MELTZER & ASSOCIATES, P.C. By: Peter E. Mcltzer Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 NANCY SANGER CHASE MANHATTAN BANK, AS TRUSTEE : FOR BENEFIT OF CERTIFICATEHOLDERS : OF EQUITY ONE ABS, INC. MORTGAGE : PASS-THROUGH CERTIFICATES SERIES 2002-1: c/o EQUITY ONE, INCORPORATED : : : : THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 03-5164 Civil Term CERTIFICATE OF SERVICE I hereby certify that I am the attorney for the plaintiff in this action and further certify that on October 3, 2003, I have served a copy of the Petition to Amend Complaint in Mortgage Foreclosure and proposed form of Order by first class U.S. mail on the following parties: Nancy Sanger 2140 Market Street, Unit C-102 a/k/a 2144 Market Street, Unit C-102 Camp Hill, PA 17011 Debtor Dated: November 7, 2003 Peter E. Meltzer, Esquire Attorney for Plaintiff LAW OFFICES OF PETER E. MELTZER & ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 CHASE MANHATTAN BANK, AS TRUSTEE : FOR BENEFIT OF CERTIFICATEHOLDERS : OF EQUITY ONE ABS, INC. MORTGAGE : PASS-THROUGH CERTIFICATES SERIES 2002-1: c/o EQUITY ONE, INCORPORATED : NANCY SANGER oRDER THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 03-5164 Civil Term AND NOW this /g°day of /~ve~,,~-~ , 2003, upon consideration of the Petition of Chase Manhattan Bank, et al. to Amend the Complaint in Mortgage Foreclosure pursuant to Pa.R.Civ.P. 1033, it is hereby ORDERED that plaintiff's Complaint in Mortgage Foreclosure may be amended and filed in the form as attached to the Petition. BY THE COURT: ~NV/flA ~SNN~d LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545~3300 CHASE MANHATTAN BANK, AS TRUSTEE : FOR BENEFIT OF CERTIFICATEHOLDERS : OF EQUITY ONE/kBS, INC. MORTGAGE : PASS-THROUGH CERTIFICATES SERIES 2002-1: c/o EQUITY ONE, INCORPORATED : 301 Lippincott Drive Marlton, NJ 08053 Vo Plaintiff, NANCY SANGER 2140 Market Street, Unit C-I02 a/k/a 2144 Market Street, Unit C-102 Camp Hill, PA 17011 Defendant. THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 03-5164 Civil Term 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 emering a written appearance personally or by attorney and filing in writing with this 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 withom 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 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 THE INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 AVISO PARA DEFENDER USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) di~ despues que esta Demanda y Aviso es servido, con entrando pot escrito una apamncta personalmente o por un abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas an esta contra usted. Usted es advenido que si falla de hacerlo el caso puede proceder sin usted y un jazgamianto puexie ser entrado contra usted pot la Cone sin mas aviso por cualquier dinero reclarnado en la Demanda o pot cualquier otto reclamo o alivio solicitado por Demandante. Ustcd puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE LrN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABA JO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 NOTICE The amount ofyour debt is as stated in the attached document. Tile name and address of tile creditor to whom the debt is owed is as named in the attached document. This is an attempt by a debt collector to collect a debt. Any information obtained will be used for that purpose. Unless you notify this office within thirty (30) days after receiving this notice tbat you dispute the validity of the debt or any portion thereof, this office will assume that this debt is valid. If you notify this office in writing within thirty (30) days from receiving tbis notice that the debt, or any portion thereof, is disputed, this office will obtain verification of the debt and mail you a copy of such verification. Collection agencies are regulated by a federal law which grants you certain rights. One of these is the right to have us cease communication with you about this debt. If you ask us in writing to cease, we will. This law is administered by the Federal Trade Commission, Division of Credit Practices, Washington, D.C. 20580. /fyou request this ogee in writing within thirty (30) days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor. Note: If you have received a discharge in bankruptcy which discharges the debt which is the subject hereof, this Notice is for information purposes only and should not be considered an at,.erupt to collect a debt. Peter Meltzer, Esquire 1600 Locust St. Philade/phia, PA 19103 215-545-3300 LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 CHASE MANHATTAN BANK, AS TRUSTEE FOR BENEFIT OF CERTIFICATEHOLDERS OF EQUITY ONE ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2002-1: c/o EQUITY ONE, INCORPORATED : 301 Lippincott Drive Marlton, NJ 08053 Plaintiff, NANCY SANGER 2140 Market Street, Unit C-102 a/Fda 2144 Market Street, Unit C-102 Camp Hill, PA 17011 Defendant. THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 03 -5164 Civil Term AMENDED COMPLMNT IN MORTGAGE FORECLOSURE AND NOW, comes the plaintiff, Chase Manhattan Bank, as Trustee for benefit of certificateholders of Equity One, ABS, Inc. Mortgage Pass-Through Certificates Series 2002-1, by and through its attorneys, Law Offices of Peter E. Meltzer and Associates, P.C., and files this Amended Complaint in Mortgage Foreclosure pursuant to the Pennsylvania Rules of Civil Procedure and avers the following: PARTIE~S Plaimiff, Chase Manhattan Bank, as Trustee for the benefit of Certificateholders of Equity One ABS, Inc. Mortgage Pass-Through Certificates Series 2002-1 is a New York banking corporation with an address at 450 W. 33e Street, 15th Floor, New York, NY 10001. Plaintiff's loan servicer is Equity One, Incorporated ("Equity One"), a o Pennsylvania corporation with an address at 301 Lippincott Drive, Marlton, NJ 08053. Defendant is the individual named above residing at the address given above VENUE Venue is proper in Cumberland County under Pa.R. Civ. P. 1142 in that said County is the county where the cause of action arose and the county where the transaction or occurrence took place out of which the cause of action arose and the county where the real property which secures the loan made by Plaintiff to Defendant is located. FACTS On or about October 17, 2001, Equity One loaned Defendant the principal sam of $56,000.00 with interest in accordance with the terms and conditions of a certain Promissory Note of even date executed by Defendant in favor of Equity One (the "Note"). The Note is secured by a Mortgage executed by Defendant in favor of Equity One (the "Mortgage") granting Plaintiffa mortgage lien on real estate located at 2140 Market Street, Unit C-102 a/k/a 2144 Market Street, Unit C-102, Camp Hill, PA 17011 (the "Property"). The Mortgage was recorded with the Camberland County Recorder of Deeds on October 23, 2001 at Book 1736, page 1717. See the Legal Description attached hereto as Exhibit "A". Upon information and belief, the Property consists of a residential dwelling. Defendant is the owner of the Property covered by the Mortgage. The Note and Mortgage were assigned by Equity One to Equity One, ABS, Inc. and then further assigned by Equity One, ABS, Inc. to Plalntiffherein (the "Assignment"). The Assignment was recorded with the Camberland County Recorder of Deeds on August 26, 2002 at Book 689, Page 3363. 2 11. 12. 10. Plaintiffis the holder of the Note and Mortgage, and there has been no further assignment of the Note and Mortgage. As a result of the failure to make payments due under the Note since February 1, 2003 and thereafter, the entire unpaid balance of principal indebtedness, together with all accrued and unpaid interest, and all of PlalntitTs costs as authorized in the Note are immediately due and payable, comprised as follows: Principal Balance Due: Interest Due as of August 27, 2003: Late Charges: Corporate Advance Balance: Security Satisfaction Fee: Attorney's Fees: Cost of Suit and Title Search: Total Sum Due $55,747.19 $ 4,289.11 $ 197.82 $ 1,135.00 $ 54.00 $ 2,787.36 $ 500.00 $64,710.48 Interest accrues on the Note from August 27, 2003, at the per diem rate of $17.95 and there is a monthly late charge of $28.26. The attorneys' fees set forth above are in conformity with the mortgage documents and/or 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 sale, reasonable attorneys' fees will be charged based on work actually performed. Act 6, the Act of January 30, 1974, P.L. 13, No. 6, 41 P.S. §403 et seq., and the Homeowner's Emergency Assistance Act, Act of December 23, 1983, P.L. 395, No. 91, 35 P.S. §1680.401(c) et seq.. have been complied with. WHEREFORE, Plalntiff demands in rem judgment for foreclosure and sale of the property against Defendant in the mount and with the per diem interest set forth in paragraph 10 above, together with interest at the rate set forth in the Note from the date of judgment, and other damages and relief as the court may deem just. Dated: Respectfully submitted, LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. ALL THAT CERTAIN unit and the property Imown, named and identified in thc Declaration referred to below as 'Academy Court Condominium', situate in the Borough of Camp Hill, Cum- berland County, Pennsylvania, which has heretofore been submitted to the provision..~ of the Pennsylvania Uniform Condominium Act, 68 PA. C.S.A Section 3101, ct seq., by the recording in tile office of the Recorder of Deeds of Cumberland County of a Declaration, dated February I, 1988 and recorded July I~, 1988, in Miscellaneous Hook 3151, Page 777, as thc same shall be a- mended from time to time, as Unit No. C-102, which said Unit is more fully deacr/bcd in said Declaration, az the same may be amended from time to time, together w/th a proportionate un- divided interest in the Common Elements {as defined in said Declaration} BEING Lot No. I and Lot No. IA, Final Subdivision Plan, Regent Construct/on Company and Land Use Development Plan, Central Pennsylvania Savings Association, dated December I i, 1987 and revised January 1 I, 1988, recorded in the Office cfi thc Recorder of Deeds o£ Cumbcr- laml County in Plan Book 54, Page 146. BEING known and numbered as 2140 Market ~trect! Camp Hill, Pennsylvania. UNDER AND SUBJECT to any and all covenants, conditions, rest~ctions, Hgbts-of-way, ease- meats and agreements of reconL FURTHER UNDER AND.SUBJECT to any and all covenants, conditions, restrictions, r/ghts-of- way and casements as set forth on Plats and Plans-Site Plan, recorded in the Office of the Re- corder of Deeds of Cumberland County, Pennsylvania, in Plan Book 55, Page I l g. BEING the same premises which George B. Cook and Janet M. Cook, husband and wife, by their deed dated March 4, 1997, and recorded March 6, 1997, /~1 the Office of the Recorder of Deeds /n and for Cumberland County, Pennsylvania, in Deed Book 154, Page 130, granted and conveyed unto Nancy L. Sanger, MOrtgagor herein. Tax Parcel No. 01-21-0271-366.6702C LAW OFFICES OF PETER E. MELT?~R & ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 NANCY SANGER CHASE MANHATTAN BANK, AS TRUSTEE : FOR BENEFIT OF CERTIFICATEHOLDERS : OF EQUITY ONE ABS, 1NC. MORTGAGE : PASS-THROUGH CERTIFICATES SERIES 2002-1: c/o EQUITY ONE, INCORPORATED : ., : : : THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 03-5164 Civil Term Praecip~ for Judlrment To the Prothonotary: Enter judgraent in the sum of $68,533.83 in favor of the plaintiffCHASE MANHATTAN BANK, AS TRUSTEE FOR BENEFIT OF CERTIFICATEHOLDERS OF EQUITY ONE ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATE SERIES 2002-1 and against Defendant NANCY SANOER because of Defendant's failure to file an answer within twenty (20) days of service of the Complaint, and assess damages as follows: Amount claimed in Complaint: Per diem interest from 8/27/03 to and including 3/4/04: Per diem interest from 3/5/04 at $17.95 per day: $64,710.48 $ 3,823.35 $ REALDEBT $68,533.83 Attomey for Plaintiff ASSESSMENT OF DAMAGES AND NOW, this __~day of ~t~ ,2004, damages are assessed as above. Prothonotary LAW OFFICES OF PETER E. MELTZER & ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 NANCY SANGER CHASE MANHATTAN BANK, AS TRUSTEE : FOR BENEFIT OF CERTIFICATEHOLDERS : OF EQUITY ONE ABS, INC. MORTGAGE : PASS-THROUGH CERTIFICATES SERIES 2002-1: c/o EQUITY ONE, INCORPORATED : : : : . THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 03-5164 Civil Term Praecipe for Writ of Exeeution To the Prothonotary: Issue writ of execution in the above matter: Amount due: Interest from judgment date: Costs to be added: Legal Description attached $68,533.83 $ $ Pete? E. Meltzer, Esquire Attorney for Plaintiff ALL THAT CERTAIH unit and the property known, named and identified in the Declaration referred to below as 'Academy Court Condominium", situate in the Borough of Camp Hill, Cum- berland County, Pennsylvania, which has heretofore been submitted to the prov/sion,, nf thc Pennsylvania Uniform Condominium Act, 68 PA. C.B,A Sect/on 3101, et seq., by the recording ira the office of the Recorder of Deeds of Cumberland County of a Declaration, dated February 1, 1988 and recorded July 5, 1988, in Miscellaneous Book 351, Page 777, as the same shall be a- mended from time to time, as Unit No. C-I02, which said Unit is more fully described in said Declaration, as thc same may be amended from time to time, together w/th a proportionate un- /l/v/tied interest in the Common Element~ (as defined in said Declarat/on~ of 6.28%. BEING Lot No. 1 and Lot No. lA, Final 8ubdiv/sion Plan, Regent Construction Company and Land Use Development Plan, Central Pennsylvania Savings Association, dated December I 1, 1987 and revised January 1 I, 1088, recorded in the Office of the Recorder of Deeds of Cumber- land County in Plan Book 54, Page 146. BEING known and numbered as 2140 Market Street! Camp Hill, Pennsylvania. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rigbts-o£-way, ease- menls and agreements of record. FURTHER UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights-of. way and easements as set forth on Plats and Plans-Site Plan, recorded in the Office of the Re- corder of Deeds of Cumberlam! County, Pennsylvania, in Plan Book 55, Page BEING the same premises which George B. Cook and Janet M. Cook, husband and wife, by their deed dated March 4, 1997, and recorded March 6, 1997, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylv-~nia, in Deed Book 154, Page 130, granted and conveyed u~to Nancy L. Sanger, Mortgagor herein. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 03-5164 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE MANHATTAN BANK Plaintiff(s) From NANCY SANGER (1) You are directed to levy upon the property of the defendant (s)and to sell See legal decription. (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) Ifproperty of the defendant(s) not levied upon an subject to attachment is foand 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 $68,533.83 Interest Atty's Con-an % Arty Paid $119.66 Plaintiff Paid Date: 3/8/05 L.L..50 Due Prothy $1.00 Other Costs (Seal) REQUESTING PARTY: Name PETER E. MELTZER Address: 1600 LOCUST STREET, SU/TE 200 PHILADELPHIA, PA 19103 Attorney for: CHASE MANHATTAN BANK Telephone: (215) 545-3300 CURTIS R. LONG Prothono/)ary _ B Y: ~7~*/~'~ D ~ ~y~ Supreme Court ID No. 39828 LAW OFFICES OF PETER E. MELTZER & ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 NANCY SANGER CHASE MANHATTAN BANK, AS TRUSTEE : FOR BENEFIT OF CERTIFICATEHOLDERS : OF EQUITY ONE ABS, INC. MORTOAGE : PASS-THROUGH CERTIFICATES SERIES 2002-1: c/o EQUITY ONE, INCORPORATED : . : : THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 03-5164 Civil Term CERTIFICATION AS TO COMPLIANCE WITH PA.R.C1V.P, 237.1 I hereby certify that I am the attorney for the plaintiff in this action and further certify that on December 29, 2003, I caused the 10-day notice required by Pa.R.Civ. P. 237.1 to be sent to the defendant after defendant's failure to plead to the Amended Complaint in the above moXter which was served upon her by regular mail on December 4, 2003, and the Complaint was served upon Defendant by the Cumberland County Sheriff on October 6, 2003, and I hereby further certify that defendant failed to answer the Complaint or otherwise respond to the Complaint or the 10-day notice in any way. A copy of the Proof of Mailing of the 10-day Notice. Dated: March 4, 2004 ~/ z/~) / L~'.~.~f:::~ Peter E. M¢ltzer, Esquir~ Attorney for Plaintiff LAW OFFICES OF PETER E. MELTZER & ASSOCIATES, P.C. By: Peter E. Meltzcr Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 CHASE MANHATTAN BANK, AS TRUSTEE : FOR BENEFIT OF CERTIFICATEHOLDERS : OF EQUITY ONE ABS, INC. MORTGAGE : PASS-THROUGH CERTIFICATES SERIES 2002-l: c/o EQUITY ONE, INCORPORATED : V. ~ ; NANCY SANGER : To: Nancy Sanger IMPORTANT NOTICE THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 03-5164 Civil Term YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Dated: December 29, 2003 LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: PETER E. M~LT;EI{,~RE Attorneys for Plaintiff This is an attempt by a debt collector to collect a debt. Any information obtained will be I used for that purpose. l:.-~_liver~., Confi rnqatior~ Signature Cor firmatioq Special Handling Restrioted Delivery Retum Reoeipt z LAW OFFICES OF PETER E. MELTZER & ASSOCIATES~ P.C. By: Peter E. Meltzer Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 NANCY SANGER CHASE MANHATTAN BANK, AS TRUSTEE : FOR BENEFIT OF CERTIFICATEHOLDERS : OF EQUITY ONE ABS, INC, MORTGAOE : PASS-THROUGH CERTIFICATES SERIES 2002-1: c/o EQUITY ONE, INCORPORATED : : THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 03-5164 Civil Term TO: Nancy Sanger NOTICE PURSUANT TO RULE 236 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, NOTICE IS GIVEN THAT A JUDGMENT BY DEFAULT IN THE ABOVE- CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. PROTHONOTARY If you have any questions concern'rog the above, please contact: Peter E. Meltzer, Esquire 1600 Locust St., Suite 200 Philadelphia, PA 19103 215-545-3300 LAW OFFICES OF PETER E. MELTZER & ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA ! 9103 (215) 545-3300 NANCY SANGER CHASE MANHATTAN BANK, AS TRUSTEE FOR BENEFIT OF CERTIFICATEHOLDERS OF EQUITY ONE ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2002- c/o EQUITY ONE, INCORPORATED THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 03-5164 Civil Term CERTIFICATE OF ADDRESS AND NON-MILITARY SERVICE The andersigned hereby certifies that, upon information and belief: Nancy Sanger is over 21 yearn of age, resides at 2140 Market Street, Unit C- 102 a/k/a 2144 Market Street, Unit C-102, Camp Hill, PA 17011 and is employed at unknown as an unknown. Deponent further avers that, upon information and belief, the above individual is not within thc protection of the Soldiers' and Sailors' Civil Relief Act of 1940, together with amendments thereto. : LAW OFFICES OF PETER E. MELTZER & ASSOCIATES, P.C. By: Peter E. M¢ltzcr Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 NANCY SANGER CHASE MANHA1TAN BANK, AS TRUSTEE : FOR BENEFIT OF CERTIFICATEHOLDERS : OF EQUITY ONE ABS, INC. MORTGAGE : PASS-THROUGH CERTIFICATES SERIES 2002-1: ¢/o EQUITY ONE, INCORPORATED : : : : THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 03-5164 Civil Term CERTIFICATION TO SHJgRIFF AS TO ~ SALE OF REAL PROPERTY DATE OF SALE: June 9, 2004 I hereby certify that I am the attorney for the plaintiff in this action and further certify this Property is: X Act 6 and Act 91 complied with. /"~ ~'.22t~.~'/~// Peter E. Meltzer, Esquire Attorney for Plaintiff LAW OFFICES OF PETER E. MELTZER & ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAOES HEARING IS NOT REQUIRED. Attorneys for Plaintiff NANCY SANGER CHASE MANHATrAN BANK, AS TRUSTEE : FOR BENEFIT OF CERTIFICATEHOLDERS : OF EQUITY ONE ABS, INC. MORTGAGE : PASS-THROUGH CERTIFICATES SERIES 2002-1: c/o EQUITY ONE, INCORPORATED : : : : CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 03-5164 Civil Term Affidavit Pursuant to Rule 3129.1 Chase Manlmttan Bank, et al., Plaintiff in the above action, sets forth as of the date that the Pmecipe for Writ of Execution was filed the following information concerning the real property located at 2140 Market Street, Unit C-102 a/k/a 2144 Market Street, Unit C-102, Camp Hill, PA 17011: 1. Name and address of owner(s) or reputed owner(s): Name Nancy Sanger Address 2140 Market Street, Unit C-102 a/k/a 2144 Market Street, Unit C-102, Camp Hill, PA 17011 2. Name and address of defendant(s) in the judgment: N~lqae Nancy Sanger Address 2140 Market Street, Unit C-102 a/Ida 2144 Market Street, Unit C-102, Camp Hill, PA 17011 Name and address of every judgment creditor whose judgment is a record lien on the real property to he sold: Name Address 4. Name and address of the last recorded holder of every mortgage of record: Nome Chase Manhattan Bank, et aL Address 301 Lippincott Drive Marlton, NJ 08053 Name and adch~ss of every other person who has any record lien on the property: Nam~ Cumberland County Tax Claim Bureau Address Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Mike Harling, Tax Collector 206S. 17~ Strcet Camp Hill, PA 17011 o Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Navg¢ Cumberland County Domestic Relations Addres~ 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of PA Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Commonwealth of PA Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 Name and address of every other person of whom the plainfiffhas knowledge who has any interest in the pwperty which may be affected by the sale: Nome Address I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to agthorifies. Date3: Mar~h 4, 2004 . Peter E. Meltzer LAW OFFICES OF PETER E. MELTZER & ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 3982g 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 NANCY SANGER CHASE MANHATTAN BANK, AS TRUSTEE : FOR BENEFIT OF CERTIFICATEHOLDERS : OF EQUITY ONE ABS, INC. MORTGAGE : PASS-THROUGH CERTIFICATES SERIES 2002-1: c/o EQUITY ONE, INCORPORATED : : : : : THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 03-5164 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Nancy Sanger Your real estate at 2140 Market Street, Unit C-102 a/k/a 2144 Market Street, Unit C- 102, Camp Hill, PA 17011 is scheduled to be sold at Sheriff's Sale on June 9. 2004 at 10;00 a.m., at the Commissioner's Heating Room, Cumberland County Courhouse, One Cou~ou~ Square, Carlisle, PA 17013 to enforce the court judgment of $68,533.83 obtained by Chase Manhattan Bank, et al. against you. NOTICE OF OWNERS 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 canceled if you pay to Peter E. Meltzer the back payments, late charges, costs and reasonable attorneys fees due. To find out how much you must pay, you may contact Peter E. Meltzer at 215-545-3300. You may be able to stop the sale by filing a petition asking a 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 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 mopping the sale. (See notice below of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF TI~ 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 bid price by calling Peter E. Meltzer at 215-545-3300. You may he able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of the property. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Peter E. Meltzer at 215-545~3300. ff 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. You have the right to remain in the property until the full mount 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 vms paid for your house. A schednle of distribution of the money bid for your house will be filed by the Sheriff approximately 30 days after the date of the Sheriff's Sale. This schedule will state who will he receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin 10 days. You may also have other rights and defenses, or ways of getting your house hack, if yon act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT IIAVE A L~WYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 (717)249-3166 2 COMMONWEALTH OF PENNSYLVANIA -~ COUNTY OF CUMBERLAND .~ S S: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Chase Man Bk, Tr is the grantee the same having been sold to said grantee on the 9th day of Jtme A.D., 2004, under and by virtue ora writ Execution issued on the 8th day of March, A.D., 200_.~4, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 5164, at the suit of Chase Man Bk, Tr against Nancy Sanger is duly recorded in Sheriff's Deed Book No. 263, Page 3694 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this o20~-~day of J~_, A.D. 20~. tder of Deeds Chase Manhattan Bank, as Trustee for Benefit of Certificate Holders of Equity One ABS, Inc. Mortgage Pass-Through Certificates Series 2002-1 c/o Equity One, Incorporated VS Nancy Sanger In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-5164 Civil Term Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, states that on March 16, 2004 at 8:12 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Nancy Sanger, by making known unto Nancy Sanger, personally, at 820 Lisbum Road, Apt. 511, Camp Hill, Cumberland County, Pennsylvania, its contents and at the smnn time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworu according to law, states that on April 14, 2004 at 8:25 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Nancy Sanger located at 2140 Market Street, Unit C-102 a/k/a 2144 Market Street, Unit C-102, Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to the within named defendant, to wit: Nancy Sanger, by regular mail to her last known address of 820 Lisburu Road, Camp Hill, PA 17011. This letter was mailed under the date of April 13, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 9, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Peter Meltzer for Chase Manhattan Bank, as Trustee for Benefit of Certificate holders of Equity One ABS, Inc. Mortgage Pass-Through Certificates Series 2002-I c/o Equity One, Incorporated. It being the highest bid and best price received for the same, Chase Manhattan Bank, as Trustee for Benefit of Certificate holders of Equity One ABS, Inc. Mortgage Pass-Through Certificates Series 2002-1 c/o Equity One, Incorporated of 301 Lippincott Drive, Marltun, NJ 08053, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of $950.63. Sheriffs Costs: Docketing $30.00 Poundage 18.64 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 19.32 Levy 15.00 Surcharge 20.00 Law Journal 353.75 Patriot News 328.66 Share of Bills 29.26 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 950.63 This 30 ~' day of ~..,- R, Thomas Kline, Sheriff 2004, A.D. Q-ja~.O_l, r0~0n0tary ~ ')~g.~__z,~, ~ By..j~.,c~~. Real Esta~ Deputy LAW OFFICES OF PETER E. MELTZER & ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEAR~G IS NOT REQUIRED. Attorneys for Plaintiff NANCYSANGER CHASE MANHATTAN BANK, AS TRUSTEE : FOR BENEFIT OF CERTIFICATEHOLDERS : OF EQUITY ONE ABS, INC. MORTGAGE : PASS.THROUGH CERTIFICATES SERIES 2002-1: c/o EQUITY ONE, INCORPORATED : : : CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 03-5164 Civil Term Affidavit Pursuant to Rule 3129.! the Praecipe for Writ of Execution was filed the following information eoneexMng thC'real -~ Chase Manhattan Bank, et al., Plainfiffin the above action, sets forth as ofl~Jlate ~t~at property located at 2140 Market Street, Unit C-102 a/k/a 2144 Market Street, Unit C-t02, Camp Hill, PA 17011: 1, Name and address of owner(s) or reputed owner(s): Nancy Sanger Address 2140 Market Street, Unit C-102 a/k/a 2144 Market Street, Unit C-102, Camp Hill, PA 17011 2. Name and address of defendant(s) in the judgment: Nav~e Nancy Sanger Address 2140 Market Street, Unit C-102 a/k/a 2144 Market Street, Unit C-I02, Camp Hill, PA 17011 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: 4. Name and address of the last recorded holde~ of every mortgage of record: N~ae Chase Manhattan Bank, et al. Addrcs~ 301 Lippincott Drive Marlton, NJ 08053 Name and address of every other person who has any record lien on the property: Narno Cumberland County Tax Claim Bureau Address Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Mike Harling, Tax Collector 206 S. 17~ Street Camp Hill, PA 17011 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 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of PA Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Commonwealth of PA Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 Name and address of every other Person of whom the plalntiffhas knowledge who has any interest in the proPerty which may be affected by the sale: Addre~ I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the Penalties of 18 Pa.C.S.A. 4904 relating to unswom falsffication to anthont~ s. Peter E. Meltzer / 2 LAW OFFICES OF PETER E. MELTZER & ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 NANCY SANGER CHASE MANHA~AN BANK, AS TRUSTEE : FOR BENEFIT OF CERTIFICATEHOLDERS : OF EQUITY ONE ABS' INC. MORTGAGE : PASS-THROUGH CERTIFICATES SERIES 2002-1: c/o EQUITY ONE, INCORPORATED : .- .' : THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 03-5164 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Nancy Sanger Yo~ ~ emte ~ 21 ~ M~ket S~ Uffit C- 102 ~a 21 ~ M~ket S~ 102, C~ ~ PA 17013, is ~Ma to ~ ~ld et Sh~Ws Silo on J~ 9. ~, ~lMe, PA 17013 to eff~ ~ ~ ju~ent of ~8,533.83 ob~n~ M~ ~ ~ fl. ~ you. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this SheriWs Sale you must take immediate action: The sale will be caneeled if you pay to Peter E. Meltzer the back payments, late charges, costs and reasonable attorneys fees due. To find out how much you must pay, you may contact Peter E. Meltzer at 215-545.3300. You may be able to stop the sale by filing a petition asking a 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 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 below of how to obtain an attorney.) YOU MAY STILL BE ABLE TO ~qAVE YOUR PROPERTY AND YOU HAVE OTHER RIG~ITS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the sheriWs sale is not s~opped, your property will be sold to the highest bidder. You may find out the bid price by calling Peter E. Meltzer at 215-545-3300. 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 the property. The sale will go through on/y if the buyer pays the Shefiffthe full amount due on the sale. To find out if this has happened, you may call Peter E. Meltzer at 215-545-3300. 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. You have the right to remain in the property until the full amount is paid io the Sheriff and the Sheriff gives a deed to the buyer. At that tirae, 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 approximately 30 days after the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in aceordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin 10 days. You may also have other fights and defenses, or ways of getting your house 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~ Cfi) TO OR TELEPHONE TI-~ OFFICE LISTED BELOW TO_FIND OUT WHERE YOU CAN OET LE(}AL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 (717)249-3166 2 WR/T OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 03-5164 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND GOU2gTY: To satisfy the debt, interest and costs due CHASE MANHATTAN BANK Plaintiff (s) From NANCY SANGER (1) You are directed to levy upon the property of the defendant (s)and to sell See legal decriptinn. (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 thereoI~ (3) If property of the defendant(s) not levied upon an subject to attac]~unent 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 $68,533.83 Interest Atty's Comm % Arty Paid $119.66 Plaintiff Paid Date: 3/8/05 L.L..50 Due Prothy $1.00 Other Costs (Seal) REQUESTING PARTY: Name PETER E. MELTZER Address: 1600 LOCUST STREET, SUITE 200 PHILADELPHIA~ PA 19103 Attorney for: CHASE MANHATTAN BANK Telephone: (215) 545-3300 CURTIS R. LONG Prothonotary BY~ ~pu~g~ Supreme Court ID No. 39828 Real Estate Sale #60 On March 09, 2004 the sherifflevied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA Known and numbered as 2140 Market St., Unit C-102, a/k/a 2144 Market St., Unit C-102, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 09, 2004 By:' ~'~ C~J ,~; Real Estate Deputy THE PATRIOT NEWS THE SUNDAY 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 Sundav 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 27th day(s) of April and the 4th and 11th day(s) of May 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 director/s of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said Coun.~/y oyDauph~ = in Miscellaneous Book "M", Volume 14, Page 317. / // COPY sworn to and/ ''~subsc~ibe~ ,fore.~..~]~is 28th day of ~lay 20.~.D. S A L E #60 ~n~y~aa~ ~ ~y commission expires June 6, 2006 CUMBERED ~U~ SHERIF~ OFFICE CUMBERED 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 $ 328.66 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. 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: APRIL 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 true. RF-,AL F, STATE 8ALIg NO. 180 Writ No. 2003-5164 Civil Chase Manhattan Bank. as Trustee for Benefit of Certificate Holders of Equity One PBS, Inc. Mortgage Pass-Through Certificates Series 2002-1 c/o Equity One, Incorporated VS. Nancy Sanger Atty.: Peter Meltzer ALL THAT CERTAIN unit and the property known, named and identi- fied in the Declaration referred to below as "Academy Court Condo- minium', situate in the Borough of Camp Hill, Cumberland County, pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condo- ralnium Act. 66 PA. C.S.A Section 3101, et seq.. by the recording in the office of the Recorder of Deeds of Cumt>ertand County of a Dee. la- ration, dated February 1, 1988 and SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 N(~)~t' SEAL LOIS E. SNYDER, Notary Public Carlisle Bom, Cumberland County My Commission Expires March 5, 2005 Equity One, Incorporated Nancy Sanger Atty.: Peter Meltzer ALL THAT CERTAIN unit and the property known, named and identi- fied in the Declaration referred to below as "Academy Court Condo- minium', situate In the Borough of Camp Hill, Cumberland County, Permsylvania. which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condo- mlnium Act, 68 PA. C.S.A Section 3101, et seq., by the recording in the office of the Recorder of Deeds of Cumberland County of a Decla- ration, dated February 1. 1988 and recorded July 5, 1988, in Mlecelta- neous Book 351, Page 777, as the same shall be amended fi'om time to time, as Unit No, C-102, which sa/d Unit is more fully described in said Deelaratten, as the same may be amended from time to time, togeth- er with a proportionate undivided interest in the Common Elements (as defined in said Declarationl of 6.28%. BEING Lot No. I and Lot No. lA. Final Subdivision Plan. Regent Con- struction Company and Land Use Development Plan, Central Permsyl- vania Savings Association, dated De- cember 11, 1987 and revised Janu- ary l 1, 1988, recorded in the Office of the Recorder of Deeds of Cum- berland County in Plan Book 54, Page 146. BEING known and numbered as 2140 Market Sweet. Camp Hill, Perm- sylvania. UNDER AND SUBJECT to any and all covenants, conditions, reatric- i. tens, rights-of-way, easements and agreements of record. FURTHER UNDER AND SUB- JECT to any and all covenants, con- ditions, restrictions, rights-of-my and easements as set forth on Plats and Plans-Site Plan, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in plan Book 55. Page 118. BEING the same premises which George B. Cook and Janet M. Cook. husband and wife, by their deed dated March 4. 1997, and recorded March 6, 1997, in the Office of the Recorder of Deeds in and for Cum- berland County, Pennsylvania, in Deed Book 154, Page 130, granted and conveyed unto Nancy L. Sanger. Mortgagor herein. LOIS E. SNYDER, Notary Pu Carlisle Bom, Cumberland Co My Commission Expires March