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HomeMy WebLinkAbout03-5548FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL1NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. CUMBERLAND COUNTY CHAD H. STEPHENS ROBYN E. STEPHENS 2244 NEWVILLE ROAD CARLISLE, PA 17013-9443 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 whting with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File #: 80960 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. File #: 80960 Plaintiffis CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 The name(s) and last known address(es) of the Defendant(s) are: CHAD H. S'rEPHENS ROBYNE. STEPHENS 2244NEWV~LE ROAD CARLISLE, PA 17013-9443 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 09/29/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to EQUITY ONE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1575, Page 827. By Assignment of Mortgage recorded 11/10/99 the mortgage was assigned to PLAINT~F which Assignment is recorded in Assignment of Mortgage Book No. 630, Page 184. Said mortgage was modified as set forth in the modification agreement recorded 11/21/02, in Mortgage Book No.691, Page 4810. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 80960 The following amounts are due on the mortgage: Principal Balance Interest 05/01/03 through 10/16/2003 (Per Diem $16.90) Attorney's Fees Cumulative Late Charges 09/29/1999 to 10/16/2003 Cost of Suit and Title Search Subtotal $107,269.75 2,856.10 1,250.00 171.00 $ 550.00 $112,096.85 Escrow Credit 0.00 Deficit 700.53 Subtotal $ 700.53 TOTAL $112,797.38 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $112,797.38, together with interest from 10/16/2003 at the rate of $16.90 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: FEDERM AND PHELAN L ~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALL1NAN, ESQUIRE Attomeys for Plaintiff File #: 80960 PannsJ~0~0 ToWnah~, Orang,al'4 County, Pennsylvania, bounded arid da~cz[l~d as =entarlina of Township Ra~d NO. T-442; tJtanoe along t~ lathar, ~outh 11 degma~ 04 rnlrmtee 20 3econds .~ al dlatarwe of 175.g~i fae~ to. @oln~ on th~ Jlne of la~ ~ ~ fom~rty of nrenard H. P~n.Cu~ and ~dam A_ Paulus. h.~ v/Ifa; Iflen~ along the latter. same, No~t~ O~ dagroos 7Veat. a dlstanco of 175 feet la a point In t~a ~r'~m'ine ~ saki State Hlghw~ then~ a]o~Ig ~ I~f.~f Nolth 85 de[~ East. a dhitmlCe af~14~4 P/aca of BEC, DINING. HAVING ere~'ted Ulemon a dwelling kn0wfl as 2244 Newvilla Road, Caffl~,e, 17013. BEING ~ se, me prm'ni~e wh~b BRENARD H, P~S ~ MI~ ~ ~d* her last ~T ~ t~nt ~e~n ~e ~ ~ ~.~d. BK[NG KNONN AS: 2244 NLr~VILLE ROAD VERIFICATION JOE KOONCE hereby states that she is ASSISTANT SECRETARY of CHASE MORTGAGE COMPANY WEST(CO)mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: -'~ SHERIFF'S RETURN - CASE NO: 2003-05548 P COMMONWEALTH OF PENNSYLVANIA: COI/NTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE VS STEPHENS CHAD H ET AL REGULAR RONALD HOOVER , Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE STEPHENS CHAD H DEFENDANT , at 1253:00 HOURS, at 2244 NEWVILLE ROAD CARLISLE, PA 17013 ROBYN E STEPHENS a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 3rd day of November , 2003 by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.52 Affidavit .00 Surcharge 10.00 .00 33.52 Sworn and Subscribed to before me this ~ day of ~~ot~ ~2999~B A.D. honorary So Answers: R. Thomas Kline 11/04/2003 FEDERMAN & PHELAN Deputy Sh~if f SHERIFF' S RETURN - CASE NO: 2003-05548 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE VS STEPHENS CHAD H ET AL REGULAR RONALD HOOVER , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE STEPHENS ROBYN E DEFENDANT , at 1253:00 HOURS, at 2244 NEWVILLE ROAD CARLISLE, PA 17013 ROBYN E STEPHENS a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 3rd day of November , 2003 by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 w9~~~/~,_~ Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 11/04/2003 FEDERMAN & PHELAN Sworn and Subscribed to before me this ~ ~' day of 7~ ~ ~ A.D. notary ~ By: Deputy Sheriff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff, CHAD H. STEPHENS ROBYNE. STEPHENS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5548 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 Plaintiffand against CHAD H. STEPHENS and ROBYN E. STEPHENS, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaim Interest from 1/1/02 to 12/8/03 TOTAL $106,795.38 $11,375.63 $118,171.01 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 D ^SES ^SSESSED ^S DIC^T . PRO PROTHY FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA. SUITE 1400 PHILADELPHIA. PA 19103 (71'~) 56%7000 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff Vs. CHAD H. STEPHENS ROBYN E. STEPHENS Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 034548 TO: CHAD H. STEPHENS 2244 NEWVILLE ROAD CARLISLE, PA 1'7013-9443 DATE OF NOTICE: NOVEMBER 2fi, 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU' WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FILE FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN. ESQUIRE Attorneys tbr Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLiNAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (715) <63-7000 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff Vs. CHAD H. STEPHENS ROBYN E. STEPHENS Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 03-5548 TO: ROBYN E. STEPHENS 2244 NEWVILLE ROAD CARLISLE, PA 17013-9443 DATE OF NOTICE: NOVEMBER 2~, 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN. ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN. ESQUIRE Attorneys for Plaintiff 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 CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE Plaintiff, CltADH. STEPHENS ROBYNE. STEPHENS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5548 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant CHAD H. STEPHENS is over 18 years of age and resides at, 2244 NEWVILLE ROAD, CARLISLE, PA 17013-9443 . (c) that defendant ROBYN E. STEPHENS is over 18 years of age, and resides at, 2244 NEWVILLE ROAD, CARLISLE, PA 17013-9443. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE Plaintiff, CHAD H. STEPHENS ROBYN E. STEPHENS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5548 Notice is given that a Judgment in the above-captioned matter has been entered against you on If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESOUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.1LC.P. 3180-3183 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, CHAD H. STEPHI~NS ROBYN E. STEPHENS Defendant(s). No. 03-5548 TO THE D/RECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 12/8/03 to JUNE 9, 2004 (per diem -$19.43) TOTAL $118,171.01 $3,575.12 and Costs $121,746.13 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 CI~TAIN trac/ of land wilh ~e iml~ovemenu the~ec~ s~/tat~ in West Pe~s~ Tuwnship, C~nbcrland Coooiy, Peeesylvania, boamted ami describlxl as ioilows: HAVING erected ~ho~n n dwellie~ irnown as 224a Newville Road, Carlisle. Pt~sylvaeia 17013, Tax P-,ia-eel ,roLE TO.~II~ PREMISI~S IS ~ IN Chad FI. Slepl~eua aod Rob-yn E. Stephens, bis wife by Deed from Joyce $. lirug and Tcresa A. Hi-raum, Exocutrk~ of ~ r~ate of Marleim V. H,.J~u~c[, ~ 9/29/19~9 anti recorded 10/8/199g, in Deed ~ 209, PaSe ~95. PROPERTY: 2244 NEWVILLE ROAD, CARLISLE, PA 17013-9443 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 CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE Plaintiff, CHAD H. STEPHENS ROBYN E. STEPHENS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. 03-5548 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey for the Plaintiff in the above,captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant CHAD H. STEPHENS is over 18 years of age and resides at, 2244 NEWVILLE ROAD, CARLISLE, PA 17013-9443 . (c) that defendant ROBYN E. STEPHENS is over 18 years of age, and resides at, 2244 NEWVILLE ROAD, CARLISLE, PA 17013-9443. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE Plaintiff, CHAD H. STEPHENS ROBYN E. STEPHENS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5548 Notice is given that a Judgment in the above-captioned matter has been entered against you on t{ 2003. BY: ~pud~5~ If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESOUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE 1S NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.* * WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-5548 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff (s) From CHAD H. and ROBYN E. STEPHENS, 2244 NEWVILLE ROAD, CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 2244 NEWVILLE ROAD, CARLISLE PA 17013 (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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. AmountDue $118,171.01 L.L. $.50 Interest 12/8/03 TO 6/9/04 ~ $19.43 per diem = $3,575.12 Atty's Corem % Arty Paid $131.52 Plaintiff Paid Date: DECEMBER 11, 2003 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Due Prothy 1.00 Other Costs CURTIS R. LONG erotho/l~tary By: (_~ (.l--2x~ Address: ONE PENN CENTER ~ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215)563-7000 Supreme Court ID No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, CHAD H. STEPHENS ROBYNE. STEPHENS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COIYRT OF COMMON PLEAS CIVIL DMSION NO. 03-5548 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) 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 unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, CHAD H. STEPHENS ROBYN E. STEPHENS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5548 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~2244 NEWVILLE ROAD, CARLISLE, PA 17013-9443. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHAD H. STEPHENS 2244 NEWVILLE ROAD CARLISLE, PA 17013-9443 ROBYN E. STEPHENS 2244 NEWVILLE ROAD CARLISLE, PA 17013-9443 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Sanle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 2244 NEWVILLE ROAD CARLISLE, PA 17013-9443 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are 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. December 8. 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, CHAD H. STEPHENS ROBYN E. STEPHENS Defendant(s). TO: CHAD H. STEPHENS 2244 NEWVILLE ROAD CARLISLE, PA 17013-9443 CUMBERLAND COUNTY No. 03-5545 December 8, 2003 ROBYN E. STEPHENS 2244 NEWVILLE ROAD CARLISLE, PA 17013~9443 **THIS FIRM IS .4 DEBT COLLECTOR ATTEMPTING TO COLLECT.4 DEBTAND .4NYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE 1N B.4NKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BE `4N A TTEMPT TO COLLECT.4 DEBT, BUT ONL Y ENFORCEMENT OF.4 LIEN,4 GAINST PROPERTY ** Your house (real estate) at, 2244 NEWV1LLE ROAD, CARLISLE, PA 17013-9443, is scheduled to be sold at the Sheriff's Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $118,171.01 obtained by CHASE MANHATTAN MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: ~215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Shefiffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6, You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with tl~ im~ovements thereon situate in Wesl Township, Cnmberland County, Penasylvania, bouaded and described as follows: HAVING ~zected thereon a dwelling known as 2244 NewviHe Road, Carlisle, pemlsylvnnin 17013. Tax Parcel ~18-14(~1-003 'tITLE TO $~'b PRF.,MISi:il; IS yESTED IN Omd H. Stephens and Rohyn E, Stephens. his wife by Deed from loyce S. Krug aed Tcresa A, [-Jin:ul~lall, F~OCI~ of the ~ Of Nlariel~ V. Hummed. 49~_~d 9129/1999 ami recorded 10/8/1.'~9.., in Deed Book 209, Page ~95. PROPERTY: 2244 NEWVILLE RO~LD, CARLISLE, PA 17013-9443 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION VS. CHAD H. STEPHENS ROBYN E. STEPHENS ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVI:SION CUMBERLAND COUNTY No.: 03-5548 MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Frank Federman, Esquire, moves this Honorable Court for an Order directing service of the Notice of Sale upon the above captioned Defendant(s) by certified mail and regular mail to Defendant's last known address. 1. Attempts to serve Defendant with Notice of Sale have been unsuccessful, as indicated by the Affidavit of Service attached hereto as Exhibit "A." 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the result there from is attached hereto as Exhibit "B." WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF SKN Data Research Inc. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 3-8845PA Attorney Firm: Federman & Phelan Subject: Chad H. Stephens & Robyn E. Stephens Current Address: 2244 Newvilie Rd. Carlisle, PA 17013 Property Address: 2244 Newville Rd. Carlisle, PA 17013 Mailing Address: 2244 Newville Rd. Carlisle, PA 17013 EXI'HB T B I Scott Nulty, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following to be true and correct Chad H. Stephens - 160-58-9714 Robyn E. Stephens - 164-58-6929 B. EMPLOYMENT SEARCH A review of the credit reporting agencies provided no employment information. Chad H. Stephens - not available Robyn E. Stephens - not available C. iNQUIRY OF CREDITORS Our inquiry of creditors indicated that Chad II. Stephens & Robyn E. Stephens reside(s) at: 2244 Newville Rd. Carlisle, PA 17013 II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 2-5-04 our office contacted directory assistance which indicated that Chad H. Stephens & Robyn E. Stephens reside(s) at: 2244 Newville Rd. Carlisle, PA 17013. Our office made a telephone call to the mortgagors phone number and received the following information: 717-776-4803 disconnected. III. INQUIRY OF NEIGHBORS On 2-5-04 our office attempted to contact neighbors, they were not able to verify that Chad II. Stephens & Robyn E. Stephens reside(s) at: 2244 Newville Rd. Carlisle, PA 17013 iV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 2-5-04 we reviewed the National Address database and found the following information, Chad It. Stephens & Robyn E. Stephens - 2244 Newville Rd. Carlisle, PA 17013 B. ADDITIONAL ACTiVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Chad H. Stephens & Robyn E. Stephens. VI. OTHER INQUIRIES DEATH RECORDS A. As of 2-5-04 Vital Records and all public databases have no death record on ~e for Chad II. Stephens & Robyn E. Stephens. & Robyn E. Stephens residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Chad II. Stephens -YOB 1971 Robyn E. Stephens -YOB 1972 B. A.K.A. none B. COUNTY VOTER REGISTRATION The Cumberland County Voter registration has a registration for Chad H. Stephens *All accessible public databases have been checked and cross-referenced for the above named individual(s). * Please be advised all database information indicates the subjects reside at the current address. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. AFFIANT S~K.Nulty SKN Data Research Inc. President / Swom toandsubscribedbeforemethis ..~.r_~ day of ~//~,~.~-4~'1~ 2004 Notadal Seal Margaret E Nulty, Notary, Public East Goshen Twp., Chester County My Commission Expires Dec. 19, 2005 The above information is obtained from available public records and we are only I/able for the cost of the afiSdavit VERIFICATION FRANK FEDERMAN, ESQUIRE, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF THE NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to tmsworn falsification to authorities. FRANK FEDERMAN, ESQUII~E ATTORNI~Y FOR PLAINTIFF FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION VS. CHAD H. STEPHENS ROBYN E. STEPHENS ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CiVIL DI¥ISION CUMBERLAND COUNTY No.: 03-5548 CERTIFICATION OF SERVICE I, FRANK FEDERMAN, ESQUIRE, hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individuals indicated below on March 3, 2004. CHAD H. STEPHENS 2244 NEWVILLE ROAD CARLISLE, PA 17013-9443 ROBYN E. STEPHENS 2244 NEWVILLE ROAD FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Date: March 3, 2004 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION VS. CHAD H. STEPHENS ROBYN E. STEPHENS ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DWISION CUMBERLAND COUNTY No.: 03-5548 ORDER AND NOW, this/~_ day o f~~, 2004, upon consideration of Plaintiffs Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above captioned Defendant(s), CHAD H. STEPHENS and ROBYN E. STEPHENS, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to Defendant's last known address and by posting mortgaged premises. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit of service. FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHiLADELPHIA, PA 19103 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION VS. CHAD H. STEPHENS ROBYN E. STEPHENS MAR 0 4 2D04 ~5/ ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 03-5548 MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiffmay move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriff's return of"Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Affidavit of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Good Faith Investigation, marked Exhibit "B." WHEREFORE, Plaintiff respectfully requests service of the Notice of Sale by certified mail and regular mail to Defendant's last known address. Respectfully submitted: FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF PLAINTIFF AFFIDAVIT OF SERVICE CHASE MANHATTAN MORTGAGE CORPORATION DEFENDANT(S) CHAD H. STEPHENS ROBYN E. STEPHENS SERVE CllAD H. STEPHENS AT 2244 NEWVILLE ROAD CARLISLE, PA 17013-9443 CUMBERLAND COUNTy · PJT No. 03-5548 ACCT. #1503658924 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 9, 2004 Served and made known to at , o'clock __.m., at of Pennsylvania, in the manner described below: SERVED , Defendant, on the day of ,200_, ,Commonwealth __ 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 relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. __ Other: an officer of said Defendant(s)'s company. Description: Age _ Height Weight Race __ Sex __ Other I,. , a competent adult, being duly sworn according to law, depose and state that I personally handed a hue and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of ,200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED, L NOT SERVED On the t~t~ d ~"~x'~ ~ eR , 200~, at ~>g.~'~'.9~o'clock ~_.ra., Defendant NOT FOUND because: _ y of __ Moved __ Unknown Attempt:_ / / 3rd Attempt: / / Sworn to and subserved bef.o~re me .this ~0 day of~l~,¢ , 200'~. N :otary~ ~ Attorney for Plaintiff Frank Federman, Esquire ~ I.D. No. 12248 __ No Answer ~ Vacant Time: 2nd Attempt:, / / Time: : Time: I l~l'hl~l. ~1- . PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE CHASE MANHATTAN MORTGAGE CORPORATION CHAD H. STEPHENS ROBYN E. STEPI4ENS SERVE ROBYN E. STEPHENS AT 2244 NEWVILLE ROAD CARLISLE, PA 17013-9443 CUMBERLAND COUNTY No. 03-5548 ACCT. #1503658924 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 9, 2004 PJT Served and made known to ,200__, at , o'clock __.m., at SERVED , Defendant, on the day of , Commonwealth of Pennsylvania, in the manner described below: 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 relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). .. Agent or person in charge of Defendant(s)'s office or usual place of business. -- Other: an officer of said Defendant(s)'s company. Description: Age Height Weight Race __ Sex __ Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of ,200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED · 200..I, at ~ "~'~--o'clock _~..m., Defendant NOT FOUND because: __ Moved __ Unknown__ No Answer ~ Vacant Attempt:. / / Time: : 2"a Attempt: / / Time: 3rd Attempt:. / / Time: : By: Sworn to and subscribed befo[e me this .~ day of~, 200 ~. Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATION VS. CHAD H. STEPHENS ROBYN E. STEPHENS ) CIVIL ACTION ) ) CIVIL DIVISION ) NO. 03-:5548 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for CItASE MANHATTAN MORTGAGE CORPORATION hereby verify that on December 12~ 2004 & May 12~ 2004 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: Ma,/14, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN AND PHELAN, L.L.P- One Penn Center at Suburban StalJon 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Main Fax 215-563-5534 May 14, 2004 Office of the Prothonotary CUMBERLAND County Courthouse CHASE MANHATTAN MORTGAGE CORPORATION v. CHAD H. STEPHENS and ROBYN E. STEPHENS CUMBERLAND County, No. 03-5548 Dear Sir, Please file the enclosed AMENDED affidavit(s) in reference to the above captioned matter(s). Kindly return the attorney copy(s) in the self addressed stamped envelope that has been provided for your convenience. Thank you for your cooperation. Yours truly, Rachel L. Allmond for Federman and Phelan CC: Sherifffs Office of CUMBERLAND County CIdASE MANHATTAN MORTGAGE CORPORATION Plaintiff, CHAD H. STEPHENS ROBYN E. STEPHENS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. ,t13-5548 AMENDED AFFDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHASE MANHATTAN MORTGAGE CORPORATION, Pl[aintiff 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 2244 NEWVILLE ROAD~ CARLISLE~ PA 17013-9443 · 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHAD H. STEPHENS 2244 NEWV][LLE ROAD CARLISLE, PA 17013-9443 ROBYN E. STEPHENS 2244 NEWVILLE ROAD CARLISLE, PA 17013-9443 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known .Address (if address cannot be reasonably ascertained, please indicate) JAMES COSTOPOULOS 860 EASY ROAD CARLISLE., PA 17013 JAMES COSTOPOULOS 2415 FORSTER STREET HARRISBURG, PA 17013 JAMES COSTOPOULOS 13 S. HANOVER STREET CARLISLE, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 2244 NEWVILLE ROAD CARLISLE, PA 17013-9443 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675; Harrisburg, PA 17105 I verify that the statements made in this affidavit are 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. Ma,/14, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND .~ SS: I, Robert P. Zie~ler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Central Penn Property Serv Inc is the grantee the same having been sold to said grantee on the 7th day of July A.D., 2004, under and by virtue ora writ Execution issued on the 1 lth day of Dec, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 5548, at the suit of Chase Manhattan Mtg Corp against Chad H Stephens & Robvn E is duly recorded in Sheriff's Deed Book No. 264, Page 3321. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /9., day of · A.D2004 Recorder of Deeds Chase Manhattan Mortgage Corporation VS Chad H. Stephens and Robyn E. Stephens In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-5548 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Chad H. Stephens and Robyn E. Stephens, but was unable to locate them in his bailiwick. He therefore deputized the Sheriffof Perry County, Pennsylvania, to serve the within Real Estate Writ, Notice of Sale and Description, according to law. PERRY COUNTY RETURN: Served the within Real Estate Writ, Notice of Sale and Description on March 24, 2004 at 9:23 o'clock AM upon the defendants, Chad H. Stephens and Robyn E. Stevens by handing to Chad and Robyn Stephens personally at 300 N. Front Street, Liverpool, PA 17045, and making known unto them the contents thereof. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2004 at 11:59 o'clock A.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 Chad H. Stephens and Robyn E. Stephens located at 2244 Newville Road, Carlisle, 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 Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Chad H. Stephens and Robyn E. Stephens, by regular mail to their last known address of 300 N. Front Street, Liverpool, PA 17045. These letters were mailed under the date of April 06, 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 July 7, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $78,201.00 to Paul Boronow for Central Penn Property Services, Inc. It being the highest bid and best price received for the same, Central Penn Property Services, Inc. of 100 South 7th Street, Akron, PA 17501, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $82,322.44. Sheriffs Costs: Docketing $30.00 Poundage 1564.02 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 4.83 Levy 15.00 Surcharge 30.00 Out of County 9.00 Perry County 58.00 Law Journal 265.40 Patriot News 270.97 Share of Bills 29.26 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 2412.48 Sworn and subscribed to before me This [~,~ day~.of ~0~u.,tJ' . ~~-'m~f~______~.~~. ....R, Thomas Kline, S.eriff Real Estate Oeputy WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA.) NO 03-5548 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff (s) From CHAD H. and ROBYN E. STEPHENS, 2244 NEWVILLE ROAD, CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 2244 NEWVILLE ROAD, CARLISLE PA 17013 (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 nobly him/her that be/she has been added as a garnishee and is enjoined as above stated. Amount Due $118,171.01 L L. $.50 Interest 12/8/03 TO 6/9/04 ~ $19.43 per diem = $3,575.12 Due Prothy 1.00 Atty's Comm % Atty Paid $131.52 Plaintiff Paid Date: DECEMBER 11, 2003 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Other Costs CURTIS R. LONG Protho~tary By: Address: ONE PENN CENTER ~ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215)563-7000 Supreme Court ID No. 12248 Real Estate Sale #4q On March 04, 2004 the sherifflevied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA Known and numbered as 2244 Newville Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 04, 2004 By:-.J~?.c~ .~x~ Real EstSte Deputy CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, V. CHAD H. STEPHENS ROBYN E. STEPHENS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5548 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~2244 NEV~ZlLLE ROAD, CARLISLE, PA 17013-9443. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHAD H. STEPHENS 2244 NEWVILLE ROAD CARLISLE, PA 17013-9443 ROBYN E. STEPHENS 2244 NEW~ILLE ROAD CARLISLE, PA 17013-9443 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: Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of eyery mortgage of record: Nanle 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) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name 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: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 2244 NEWVILLE ROAD CARLISLE, PA 17013-9443 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. December 8. 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, CHAD H. STEPHENS ROBYN E. STEPHENS Defendant(s). TO: CHAD H. STEPHENS 2244 NEWVILLE ROAD CARLISLE, PA 17013-9443 CUMBERLAND COUNTY No. 03-5548 December 8, 2003 ROBYN E. STEPHENS 2244 NEWVILLE ROAD CARLISLE, PA 17013-9443 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIR]ffED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN A GAINST PROPERTY.. ** Your house (real estate) at, 2244 NEWVILLE ROAD, CARLISLE, PA 17013-9443, is scheduled to be sold at the Sheriff's Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 170 ! 3, to enforce the court judgment of $118,171.01 obtained by CHASE MANHATTAN MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attomey.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (I0) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LE~L'bE~CRIPTION ALL TIlAT C3~TAIN tract of land w~h th~ liner, oYementn thereon ~ in West l~nfliboi'o Township, Cumberland CO~, Peansyl~, bomxl~d and described as f~tlow~: BECdNNINO at a point in th~ ~alarlJno of tl~ Sta~ Hi~ttway from Carlisle to Ne~e ~ Newv~ R~, PA ~ No. ~1), m ~ ~ ~ ~ ~i~ of T~ ~d No. ~ ~ng ~ ~, ~ II ~a ~ m~ 20 ~ ~ a d~n~ of 175.98 poi~ ~ ~e ~ of lard r~ or ~y of ~ H. P~ ~ M~ A. P~ h~ wi~; a~ ~ ~t, ~ 85 de~ W~ a' di~ of ~3.45 ~ ~ ~ ~n p~ ~ ~on8 I~ alo~ ~ ~ North ~ d~ ~t, a d~ of 214.~ f~ ~o a ~im at ~ ~n HAVING erected thereon n dwelling known as 224d Newville Pond, Carliale, Pella~lvania 17013. Tax Parcel g18-1404-003 '~'LI~ TO ~tlD PREMIS~ l,~ VESTlaT~ 1N Chad Il. $t~ a~d Robyn E. Stephen~, big wife by Doed from Joyee S. I(tog a~d Tcre~a A. Hinzman, F, xecntrlcea of ~ Fa~ta~ of Marietta V. Hm~mel, ~_~L.~I 9/29/1999 nnd recozded 10/8/1990, in Deed Book 209, Page 595. PROPERTY: 2244 NEWVILLE ROAD, CARLISLE, PA 17013-9443 SCHEDULE OF DISTRIBUTION SALE NO. 44 Date Filed: July 30, 2004 Writ No. 2003-5548 Civil Term Chase Manhattan Mortgage Corporation VS Chad H. Stephens and Robyn E. Stephens Sale Date: Buyer: Bid Price: July 7, 2004 Central Penn Property Services, Inc. $78,201.00 Real Debt: $118,171.01 Interest: 3,575.12 Attorney Costs: 131.52 Total: $121,877.65 DISTRIBUTION: Receipts: Cash on account (03/02/04): $ 1,500.00 Cash on account (07/07/04): 7,820.00 Cash on account (07/23/04): 74,502.44 Total Receipts: $83,822.44 Disbursements: Sheriffs Costs Legal Search State Transfer Tax Local Transfer Tax Deborah Piper, Tax Collector Attomey Frank Federman Chase Manhattan Mortgage Corporation $ 2,412.48 200.00 1,178.71 1,178.71 1,572.39 1,500.00 75,780.15 Total Disbursements: Balance for distribution: ($83,822.44) 0.00 So Answers: R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 44 Advertised for Wednesday, June 9, 2004 Date: July 9, 2004 TAXES: Receipts for all taxes for the years 2001 to 2003 inclusive. Taxes for the current year 2004. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2004, and recorded ,2004, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Joyce S. Krug and Teresa A. Hinzman, Executrices of the estate of Marietta V. Hummel, by deed dated September 29, 1999 and recorded October 8, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania. in Deed Book 209, Page 595 granted and conveyed to Chad H. Stephens and Robyn E. Stephens, husband and wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbeds of PA Route No. 641, known as the Newville Road and Township Road T-442 known as Kerrsville Road. 10. 11. Mortgage in the amount of $104,499.00 given by Chad H. Stephens and Robyn A. Stephens to Equity One, Inc. dated September 29, 1999 and recorded October 8, 1999 in Mortgage Book 1575 Page 827. Said mortgage was assigned to Chase Manhattan Mortgage Corporation by instrument recorded November 10, 1999 in Miscellaneous Record Book 630, Page 184, being thereafter assigned to The Secretary of Housing and Urban Development by instrument recorded July 1, 2004 in Miscellaneous Record 709, Page 2537, and being thereafter assigned to SFJV-2003-1, LLC, by instrument recorded July 1, 2004 in Miscellaneous Record Book 709, Page 2539. Said Mortgage is under and subject to a mortgage modification agreement recorded November 21, 2002 in Miscellaneous Record Book 691, Page 4810. Complaint in mortgage foreclosure filed by Chase Manhattan Mortgage Corporation as Plaintiff against Chad H. Stephens and Robyn E. Stephens as Defendants, in the Office of the Prothonotary of Cumberland County on October 21, 2003 to File No. 2003-5548. Default judgment entered December 11, 2003 in the amount of $118,171.01. Rights granted to United Telephone Company of Pennsylvania by instrument recorded January 18, 1971 in Miscellaneous Record Book 193, Page 199. Rights granted to Pennsylvania Power & Light Company by instrument recorded April 1, 1968 in Miscellaneous Record Book 181, Page 235. Rights granted to Pennsylvania Power & Light Company by instrument recorded June 18, 1970 in Miscellaneous Record Book 190, Page 439. Rights granted to United Telephone Company of Pennsylvania by instrument recorded January 29, 1971 in Miscellaneous Record Book 193, Page 198. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 12. Real estate taxes accruing on and after July 1, 2004 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has search been made for environmental liens in Fed ral District Court. any ~ ~_~ ~.~, Robert G. Frey, Agent Note: This Title Report shall not be valid o~ binding until countersigned by an authorized signat6~. ~ REAL ESTATE SALE NO. 44 Wr/t No. 2003-5548 Civil Chase M/u-~hattan Mortgage Corporation Chad H. Stephens and Robyn E. Stephens Atty.: Frank Federm~n LEGAL DESCRIPTION ALL THAT CERTA/N t~act of land with the iraprovements thereon situ- ate in West Pennsboro Township, Cumberland Coun~f, Pennsylv//nia, bounded and descr/bcd as follows: BEGINNrNG at a point in the centerline of the State Highway from Carlisle to Nev~ille (known as Newv/lle Road, PA Route No. 641), at the intersect/on of the centerl/ne of Township Road No. T-442; thence along the latter. South 11 degrees 04 minutes 20 seconds East, a distance of 175.98 feet to a point on the line of land now or for- merly of Brenard H. Paulus and Miriam A. Paulus, h/s w/~e; thence ~Jong the latter, South 85 degrees West, a distance of 233.45 feet to an ~ron pin; thence ~dong the same, North 05 degrees West, a distance of 175 feet ts a point in the center- line of s~/d State Highway; thence along the latter North 85 degrees East, a distance of 214.84 feet to a point at the intersection of the cen- terlL~e of Township Road No. T-442, the place of beginnJng. HAVING erected thereon a dwell- ing known as 2244 Nev~iI/e Road, Ca~lisle, Pennsylvania 17013. Tax Parcel #18-1404-003. TITLE TO SA~D PREMISES IS VESTED IN Chad H. Stephens ~r~d Robyn E. Stephens, his wife by Deed from Joyce S. Kn~g and Teresa A. H/nzman, Executr/ces of t-he Es- tate of Ma~etta V. Hummel, dated 9/29/1999 and recorded 10/8/ I999, in Deed Book 209, Page 595. PROPERTY: 2244 Newvflle Road, Ca~lisle, PA- 17015-9443. THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 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 directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County,of.IDauphin in Miscellaneous Book "M", PUBLICATION .................. i .................. C O P Y Sworn to an this 28th/day'°f ,Ma~04//. A.D. '~ ~~/aa~1 ~'mb'" Penn'ytvanl'Asse¢"t~n'l N'el'rie'Y c°rnm'ss'°n °xp'ros June 6' 2006CUMBERLAND COUNTY SHERIFFS OFFICE ~ ~~v~ Statement of Advertising Costs ~ ~', ~ TO THE PATRIOT-NEWS CO., Dr. ~ i~--~ _ For publishing the notice or publication attached mm st~ta~r~ he ~: ~,s4r~ .s{~ ~,i~ t~ ~ reto on the above stated dates 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.' Lisa Marie Coyne, Esquire, Editor of the Cttrnberland 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 tree. REAL ESTATE ~ALE NO. 44 Writ No. 2005-5548 Civil Chase Manhattan Mortgage Corporation VS. Chad H. Stephens and Robyn E, Stephens Atty.: Frank Federman LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon situ- ate in West Permsboro Township, Cumberland County, Pennsylvania, hounded and described as follows: BEGINNING at a point in the centerline of the State Highway from Carlisle to Nevrville (known as Newville Road. PA Route No. 641), at the intersection of the center]ine of Township Road No. T-442; thence along the latter, South I 1 degrees 04 minutes 20 seconds East, a distance of 175.98 feet to a point on the line of land now or for- merly of Brenard H. Paulus and ..~.M.l~m A. Paq[us, his wife; thence e Coyne, tEditor SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 i'~l~J't~ L SEAL ~' LOIS E. SNYDER, Notary Public Carlisle Bow, Cumberland County My Commission Expires March 5, 2005 Chad H. Stephens and Rob.va E, Stephens Atty.: Frank Federman LEGAL D ESCP. iPTi ON ALL THAT CERTAIN tract of land x~ith the Improvements ~hereon situ- ate in West Pennsboro Township, Cumberland County, Pennsylvania. bounded and desoribed as follows: BEGINNING at a point in the oenterline cf the State Highway from Carlisle to Newville (known as Newville Road, PA Route No. 641), at the intersection of the centerBne of Township Road No. T-442; thence along the lotto% South i i degrees 04 minutes :20 seconds East. a distance of 175.98 feet to a point on the line of land now or for- merly of Brenard H. Paulus and Miriam A. Paulus, his wife: thence along the latter, South 85 degrees West, a distance of 233.45 feet to an iron pin; thence along the sam~, North 05 deSrees West. a distance of 175 feet t~ a point In the center- line of said State Highway: thence along the latter North 85 degrees East a distance of 214.84 feet to a point at the intersection of the con- ratline of Township Road No. T-442. the place of begitmlng. HAVING erected thereon a dwell- ing known as 2244 Nev, wllle Road, Carlisle, Pennsylvar~a 17013, Tax Parcel #18q404~005. TITLE TO SAiD PREMISES IS VESTED IN Chad H, Stephens and Robyn E. Stephens, his wife by Deed from Joyce S. Krug and Teresa A. Hmzman. Exeoutrices of the Es- tate of Marietta V, Hummel, dated 9/29/1999 and recorded 10/8/ 1999, in Deed Book 209, Page 595. PROPERTY: 2244 Ne'~wllle Road. Carlisle, PA 17013~9443. 30 day of__/ LOiS E. SNYDI Carlisle 8oro, C My Commissk~ E