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HomeMy WebLinkAbout04-0105FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF THE CHASE MANHATTAN BANK, AS TRUSTEE OF 1/ViC HOME EQUITY LOAN TRUST 1998-5, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 1998 338 SOUTH WARMINSTER ROAD HATBORO, PA 19040 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY LEDGARD GOSHORN 255 SOUTH WEST STREET CARLISLE, PA 17013 1DA GOSHORN 255 SOUTH WEST STREET CARLISLE, PA 17013 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 writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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#: 85431 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. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File#: 85431 Plaintiff is THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-5, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 1998 338 SOUTH WARMINSTER ROAD HATBORO, PA 19040 The name(s) and last known address(es) of the Defendant(s) are: LEDGARD GOSHORN 255 SOUTH WEST STREET CARLISLE, PA 17013 IDA GOSHORN 255 SOUTH WEST STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 02/13/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERICAN MORTGAGE REDUCTION, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1439, Page 91.By Assignment of Mortgage recorded 11/22/1999 the mortgage was assigned to IMC MORTGAGE COMPANY which Assignment is recorded in Assignment of Mortgage Book No. 631, Page 167. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/19/2003 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/t: 85431 6. The following amounts are due on the mortgage: Principal Balance Interest 02/19/2003 through 01/08/2004 (Per Diem $23.89) Attorney's Fees Cumulative Late Charges 02/13/1998 to 01/08/2004 Cost of Suit and Title Search Subtotal $88,788.53 7,740.36 1,250.00 2,199.57 $ 550.00 $100,528.46 Escrow Credit 0.00 Deficit 4,545.83 Subtotal _$ 4,545.83 TOTAL $105,074.29 The attorney's fees set forth above are in confornfity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. Ttfis action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $105,074.29, together with interest from 01/08/2004 at the rate of $23.89 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. FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 85431 ALL that ~ertaln house and lot 'of ground situate in North giddleton, lo~nshtp, Cu~lberlan~ Cc~unty, Pennsylvania, bounded and described in accorGamtce with Survey ma~fl ty Ernest J. Walker. Registered ~urveyor, on September'l¢, 196q. as fol l~s~: ~G~XNG at a hub on the North side of Sixty (60) feet wide ~est North Street which place .~f beginning is 158S feet West of Orange StreeL~ thence frm satd place O~ beginning' along the florthe~n ?ne of said 6~ feet wide West North Street, NoKth 77 degrees 4~ minutes West, a distance of 70 feet to a hub; thence along the Eastern line of Lot No. 17 n~w o~Jfo~e~l)' of Lee Mille~, ~orth 1~ degrees 15 minutes East, a distance ~f ~OG feet t~) a hub; thence South 77 degrees 45 minutes East, a distance of 7~ feet to. a hub; COHTA1NING ?0 feet in front along the Northern line of 6~ feet We~t Street and extending Northwardly therefrom at an even wt~th a distance of gO0 feet and ~etn9 all of Lot Ne. 16 and the Western twenty (20) ~eet Lot No. 15 as shown on Plan of Lots known as Burr Heights Development. said Plan being recorded in the Office of the Recorder of Deeds in and loft Cumber- land County ~t Carllsleo Pennsylvania in Plan Boo~N~. S, Page &7. ' It~VlflG ~hereen erected a one story frame dwelling house known as and numbered 90~' West North Street. ~ING the same premisq~ which Rllan B. Hone and PatrtCta ,~. Hone~ his w~f~,*-. by their deed dated 'the ~5th day of 14arch, 1984, and reco'rded in the of the Recorder of Deeds in and for Cumberland County in Deed Book ~C', Volue~e. 30, Page 531, granted *~nd conveyed unto Charles Phlll~p 89nttng and Debra~ K. Bunting, his wife, th~ ~rantoes herein. VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Pla'mtiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are tree and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiffas soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unswom falsifications to authorities. DATE: Francis S. Hallinan, Esquire Attorney for Plaintiff SHERIPF~S RETURN - NOT FOUND CASE NO: 2004-00105 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE MANHATTAN BANK THE VS GOSHORN LEDGARD ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named DEFENDANT GOSHORN LEDGARD unable to locate Him in his bailiwick. ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and but was He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT GOSHORN LEDGARD 907 WEST NORTH STREET CARLISLE, PA 17013 907 WEST NORTH STREET CARLISLE IS VACANT. , NOT POUND as to Sheriff's Costs: Docketing 6.00 Service 3.45 Not Found 5.00 Surcharge 10.00 .00 24.45 So answers~.-~- fJ~l~ R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 01/14/2004 Sworn and subscribed to before me this ~2~ day of--d~''/ ~2~O {/ A.D. otary ' SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-00105 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE MANHATTAN BANK THE VS GOSHORN LEDGARD ET AL ,Sheriff or Deputy Sheriff, who being search and in his bailiwick. He therefore returns R. Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named DEFENDANT GOSHORN IDA but was unable to locate Her the COMPLAINT - MORT FORE the within named DEPENDANT 907 WEST NORTH STREET CARLISLE, PA 17013 907 WEST NORTH STREET CARLISLE GOSHORN IDA IS VACANT. NOT FOUND , as to Sheriff's Costs: Docketing 6,00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 So answers; ~. Thomas Kline ~ Sheriff of Cumberland County FEDERMAN & PHELAN 01/14/2004 Sworn and subscribed to before me ~ day of~x~__ this ~ A.D. SHERIFF'S RETURN CASE NO: 2004-00105 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CPIASE MANHATTAN BANK THE VS GOSHORN LEDGARD ET AL - REGULAR GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT GOSHORN LEDGARD DEFENDANT , at 1515:00 at 255 SOUTH WEST STREET CARLISLE, PA 17013 IDA GOSHORN, WIFE a true and attested copy of - MORT FORE was served upon the HOURS, on the 13th day of January , __ 2004 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 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~ day of d -. P~ ~'~"-'-w ,.~2 ~ %" A.D. / ~rothonotary ' g So Answers: R. Thomas Kline 01/14/2004 PEDERMAN & PHELAN Deputy She~ f f SHERIFF'S RETURN - REGULAR CASE NO: 2004-00105 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN BANK THE VS GOSHORN LEDGARD ET AL GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon GOSHORN IDA DEFENDANT at 1515:00 HOURS, at 255 SOUTH WEST STREET CARLISLE, PA 17013 by handing to IDA GOSHORN a true and attested copy of COMPLAINT - MORT FORE the on the 13th day of January together with law, 2004 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ ~.,~k day of ~~o ~f~JY' A.D. thonotary ' ! So Answers: R. Thomas Kline 01/14/2004 FEDERMAN & PHELAiq Deputy Sh~:~i f f 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 THE CHASE MANHATTAN BANK, AS TRUSTEE OF/MC HOME EQUITY LOAN TRUST 1998-5, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 1998 338 SOUTH WARMINSTER ROAD HATBORO, PA 19040 Plaintiff, LEDGARD GOSHORN IDA GOSHORN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-105 CIVIL Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against LEDGARD GOSHORN and IDA GOSHORN, 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 Plaimiffs damages as follows: As set forth in Complaint Interest from 1/9/04-2/17/04 TOTAL $105,074.29 $955.60 $106,029.89 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S, HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (2l 5) 563-7000 THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-5, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 1998 Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DIVISION : CUMBERLAND COUNTY Vs. : NO. 04-105 CML LEDGARD GOSHORN IDA GOSHORN Defendants TO: LEDGARD GOSHORN 255 SOUTH WEST STREET CARLISLE, PA 17013 ILE COPY DATE OF NOTICE: FEBRUARY 3. 2004 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 1S 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 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 (~l ~) S6~-?000 THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-5, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 1998 Plaintiff LEDGARD GOSHORN IDA OOSHORN Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DMSION : CUMBERLAND COUNTY : NO. 04-105 CML TO: IDA GOSHORN 255 SOUTH WEST STREET CARLISLE, PA 17013 DATE OF NOTICE: FEBRIIARY 3, 2004 THIS FIRM 1S A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU 1N 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 THE CHASE MANHATTAN BANK, AS TRUSTEE OF [MC HOME EQUITY LOAN TRUST 1998-5, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER I, 1998 338 SOUTH WARMINSTER ROAD Plaintiff, LEDGARD GOSHORN IDA GOSHORN ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-105 CIVIL Defendant(s). 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 LEDGARD GOSHORN is over 18 years of age and resides at, 255 SOUTH WEST STREET, CARLISLE, PA 17013. (c) that defendant IDA GOSHORN is over 18 years of age, and resides at, 255 SOUTH WEST STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attomey for Plaintiff :Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center FEB-17-2004 12:53:48 Military Status Report Soldiers' and Sailors' Civil Relief Act of 1940 Currently not on Active Military Duty, based on the Social Secur/ty Number and last name provided. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. Kenneth C. Scheflen, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feed that the DMDC response is not correct, please send an e-mai/to sscra.helpdesk~osd.pentagon.mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https://www.dmdc.osd.mil/udpdri/owagssera.prc_S elect 2/17/2004 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-31113 TIlE CHASE MANItATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-5, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 1998 Plaintiff, LEDGARD GOSHORN IDA GOSHORN : No. 04-105 CIVIL Defendant(s)· TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 2/18/04-6/9/04 (per diem -$17.43) TOTAL $106,029.89 ~/ $1,969.59 and Costs $107,999.48 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CEIm.3'AIN house ~nd W~, ~ S~or, on S~r ~ a ~b; ~ ~ong of 70 f~ ~o a ~b; [~ to a hub ou CONTAINING 70 ~ in f~mt nloug the N~ I~ of ~ fe~ We~ No~ ~ ~ ~t~i~ N~), ~frum a ~ ~vcn ~ a d~ or ~ fee~ ~g ~ ~ tat No, 16 ~ ~ Wes~ tw~ (20) f~ of ~t No, {$ ~ ~wn ua P~n of ~ ~wa ~ ~ H~ls ~vei~metl{, C~I~, ~ylv~ia M P~n ~k-No. 3, Pa~ 47. }lAVINO thereon eld:ted a one-story frame dw¢lliug house known ~ and uumbe, n:O 907 West North Str~, TIT~ TO SAID PR. EMI.~S IS VESTED IN ~g~ ~ a~ I~ Oosh~, ~ wife, by ~ f~m C~rl~ ~ip Bu~n~ ~d ~n K. B~ting, ~ w~e, ~ 1119/19M ~ r<o~ Tax Parcel//29-20.1794-037 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-105 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-5; UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF 9/1/98 Plaintiff(s) From LEDGARD AND IDA GOSHORN, 255 S. WEST STREET, CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 907 W. NORTH STREET, CARLISLE PA 17013 (SEE LEGAL DESCRIPTION). (2) You are also directed to attach the property of the de£endant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. AmountDue $106,029.89 L.L. $.50 Interest 2/18/04 TO 6/9/04 ~ $17.43 per diem = $1,969.59 Due Prothy 1.00 Atty'g Comm % Atty Paid $174.90 Plaintiff Paid Date: FEBRUARY 19, 2004 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Other Costs CURTIS R. LONG Protho~tary ~DJ~u/ty~ . Address: ONE PENN CENTER ~ SUBURBAN STATION 1617 JFKBLVD., STE. 1400, PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 THE CHASE MANHAIlAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-5, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 1998 Plaintiff, LEDGARD GOSHORN IDA GOSHORN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 04-105 CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-5, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 1998 Plaintiff, ¥. LEDGARD GOSHORN IDA GOSHORN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-105 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EOUITY LOAN TRUST 1998-5, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER I, 1998. 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, 907 WEST NORTH STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LEDGARDGOSHORN 255 SOUTH WEST STREET CARLISLE, PA 17013 IDA GOSHORN 255 SOUTH WEST STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgmem creditor whose judgment is a record lien on the real property to be sold: Sanle Last Known Address (if address cannot be reasonably ascertained, please indicate) Nolle 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) BANK ONE FINANCIAL SERVICE INC. 10300 KINCAID DRIVE FISHERS, IN 46038-9502 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 plaintiff has 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) 907 WEST NORTH STREET CARLISLE, PA 17013 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 ell8 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. February 18, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-5, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 1998 Plaintiff, ¥. LEDGARD GOSHORN IDA GOSHOP~N Defendant(s). TO: LEDGARD GOSHORN 255 SOUTH WEST STREET CARLISLE, PA 17013 CUMBERLAND COUNTY No. 04-105 CIVIL February 18, 2004 IDA GOSHORN 255 SOUTH WEST STREET CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO Bi AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTK ** Your house (real estate) at, 907 WEST NORTH STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs 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 $106,029.85 obtained by THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-5, UNDER THE POOLING AND SERVICING AGREEMENT DATED OF SEPTEMBER 1, 1998 (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 cha costs and reasonable attorney% fees due. To find out how much you must pay, yo~ call: (215~ 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or judgment, if the judgment was improperly entered. You may also ask the Court postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF*S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You m, 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 Sheriffthe full amount due in the sal find out if this has happened, you may call (717) 240-6390. 4. If the mount due from the Buyer is not paid to the Sheriff, you will remain the owner 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 and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings yOU. 6. You may be entitled to a share of the money which was paid for your house. A sc distribution of the money bid for your house will be filed by the Sheriff within 30 days of th schedule will state who will be receiving that money. The money will be paid out in accori this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed, Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home bo immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OF BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL TBAT C~RTAIN house and lot of ground a~t~at~ tn No~ M~ l'owt~, C~n~, County, ~t~yl~ia. ~ ~ ~ tn ~ wi~ ~ey W~, ~8~ Su~r, ~ S~m~r 14, 1~, ~ ~llows: BEGI~INO ~ a ~b on ~ No~ side of s~ (~) f~t w~c W~ No~h S~ wb~ p~c~ of ~g~ ~ 1~5 ~ Wm of O~ S~; t~ ~om ~d ~ oi ~gi~g ~ong ~e No.em ~ a ~; t~r~ ~0~ ~e ~em I~ of ~t No, 17 ~w or fo~n~y of ~ M~r, North of 70 f~ to a ~b; ~ ~ou~ ~t No, 15, S~& ~2 de~ 15 ~ Win, a f~ to a hub ~ ~ No~m lt~ of ~ (~) ~t w~ We~ No~ St~. ~ p~ of COCA.lNG 70 f~ ~ f~ ~g ~e No~ 1~ of 60 fe~ We~ No~ S~ No~a~i~, the~fmm ~ ~ evea ~ a d~ of ~ f~et~ ~g all of Wes~n tw~ (20) f~ ~ ~t No, 15 as s~wa on P~n of ~ ~ ~ Burr H~ ~ PI~ ~ ~ in ~ O~ of ~e R~o~er of ~ i~ a~ ~t C~her[~ ~umy at C~l~le, P~myl~ in P~n ~k-Ho. 5. Pase 47~ [IA~(~ ~n ~ a on~sto~ f~ dwel~i~ h~ ~wn ~ a~ nu~ TIT~.~ TO S.a-.~D PRf~MISES IS VF.~TI~D 1N Ledgard Gosborn at~d Ida C..~oshorn, his wife. by De~ from Char/~ Pl~ip Bunting and 1:~5~a K, Buating, his w~fe, dated tl/9/1984 and ~ecorded 11/13/1984 in Record llook Z-30. Page 304. Tax Parc~! #29-20-1794-037 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-5, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 1998 VS. LEDGARD GOSHORN IDA GOSHORN ' ) CIVIL ACTION CIVIL DIVISION NO. 04-105 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for TItlE CHASE MANHATTAN BANI~ AS TRUSTEE OF IMC HOME EQUITY LOAN' TRUST 1998-5~ UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1~ 1998 hereby verify that on February 20, 2004 true 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: April 30, 2004 FRANK FEDEI~ViAN, ESQUIRE Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND jt SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Imc Home Ecluitv Loan Trust 1998-5 Tr is the grantee the same having been sold to said grantee on the 9th day of June A.D., 2004, under and by virtue of a writ Execution issued on the 19th day of Feb. A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 105, at the suit oflMC Home Equity Loan Trust 1998-5 Tr against Ledgard Goshom & Ida is duly recorded in Sheriff's Deed Book No. 263, Page 3554. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ , A.D2004 day of ~'~ccorder o f Deeds The Chase Manhattan Bank, as Trustee OflMC Home Equity Loan Trust 1998-5, Under the pooling and servicing agree- Ment dated as of September 1, 1998 VS Ledgard Goshoru and Ida Goshom In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-105 Civil Term Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on March 01, 2004 at 2:25 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 defendants, to wit: Ledgard Goshorn and Ida Goshorn, by making known unto Ida Goshorn, personally and adult in charge for Ledgard Goshorn, at 255 South West Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2004 at 1:00 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 Ledgard Goshorn and Ida Goshorn located at 907 West North St., 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: Ledgard Goshorn and Ida Goshoru, by regular mail to their last known address of 255 South West St., Carlisle, PA 17013. These letters were mailed under the date of April 06, 2004 and never returned to the Sherif£s 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 Frank Federman for The Chase Manhattan Bank, as Trustee of IMC Home Equity Loan Trust 1998-5, Under the Pooling and Servicing Agreement Dated as of September 1, 1998. It being the highest bid and best price received for the same, The Chase Manhattan Bank, as Trustee oflMC Home Equity Loan Trust 1998~5, Under the Pooling and Servicing Agreement Dated as September 1, 1998 of 338 South Warminster Road, Hathoro, PA 19040 being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $909.91. Sheriff's Costs: Docketing $30.00 Poundage 17.84 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 6.90 Levy 15.00 Surcharge 30.00 Law Journal 325.85 Patriot News 319.06 Share of Bills 29.26 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 909.91 Sworn and subscribed to before me So,Answers: This ~5-~ day of(~,, .. ~'~f~ R. Thomas Kline, Sheriff ~o04,^.o. 9~. ~ ~w,,,~ ~,.,~,~ Prothonotary BY ~,~ ~, Real Estatd/Deputy THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998,-5, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 1998 Plaintiff, LEDGARD GOSHORN IDA GOSHORN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-105 CML AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-5, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 1998, Plaintiffin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 907 WEST NORTH STREET, CARLISLE, PA 17013. I. Name and address of Owner(s) or reputed Owner{s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LEDGARD GOSHORN IDA GOSHORN 255 SOUTH WEST STREET CARLISLE, PA 17013 255 SOUTH YVEST STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Nanle None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BANK ONE FINANCIAL SERVICE INC. 10300 KINCAID DRIVE FISHERS, IN 46038-9502 5. Name and address of every other person who has any record lien on the property: Sallie 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. ~NIame 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: Sallie Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 907 WEST NORTH STREET CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. February 18, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff THE CHASE MANHATTAN BANK, AS TRUSTEE : OF IMC HOME EQUITY LOAN TRUST 1998-5, : UNDER TIlE POOLING AND SERVICING : AGREEMENT DATED AS OF SEPTEMBER 1, : 1998 : Plaintiff, : LEDGARD GOSHORN IDA GOSHORN Defendant(s). TO: LEDGARD GOSHORN 255 SOUTH WEST STREET CARLISLE, PA 17013 CUMBERLAND COUNTY No. 04-105 CIVIL February 18, 2004 IDA GOSHORN 255 SOUTH WEST STREET CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMP T TO COLLECT A DEB T, B UT ONLY ENFOR CEMENT OF A LIEN AGAINST PROPER lT. * * Your house (real estate) at, 907 WEST NORTH STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs 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 $106,029.89 obtained by THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-5, UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 1998 (the :mortgagee) against you. /n the event the sale is continued, an mmouncement 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 attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 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 al~er 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 ALL THAT CERTAIN house aml lo~ of ground situate ia North Mkldkton Township, C~ml~rhnd Court, C~unty, Pene~ylva~ia, bounded snd descn'b~l t~ ~ccordaace with survey mad~ by Ih'nest J. Walk.r, Regi.ste~'efl Sure.or, o~ Sqi,lember 14, 1964, as l~llows: BEGINNING at a hub on thc North side of sixty (60) feet wide '*Ve~t North S,~'ec~ which placc of beginning is 1585 feet Wes~ of Orange Str~:t; then~ flora said place o~ I~ginniag along th~ Not~er~ ~ of said 60 fc~t wide Wes~ Nor0a Street, Stroh 77 ~gtces 45 minu~ West, a dista~cc of 70 feet Io n hub; tlgl~cc along the Ensteru line of Lot No. 17 now or formerly of Lee Mi~ler, North 12 degrees t5 mlnotcs Ea~, a distnnce of 200 feet to a hub; lhence $ou~ 77 degrees 45 minutes East, a di~,mee of 70 feet to a hub; fl~encc tlu'nogh LO~ No. 15, South 12 ~egregs 15 minat~ WesL a di.,~bmcc of 200 feet to a hub on the Northern line of ,sixty (60) feet wide We~ Nort~ Street, ~e place of beginning. CONTAINING 70 feet in front aloog ~.e Ncalbcrn line of 60 feet West North Street and extending Northwardly ihut~from at an even width a distance of 200 feet and being ali of 1.~ No. 16 and the Western twenty (20) fect of Lot No. I$ as Shown on Phn of Lo~ k~ow0 as Burr Heights Developmetlt, .said Plan being reoordeg in ~ Oftic~ of Ibc Recorder of Deeds i~ and for Camhe. rland county at Carlisle, Pennsylvania in Plan book-No. 5. Page 47. tlAVING ihe. reon erected :a one-stoi'y frame dwelling ho~se lo,own as and numbered 907 West North Strut, TErLE TO SA.ID PRI~MISES 1~ VESTED IN Ledgard Ooshorn and Ida Goshorn, his wife, by from Charlc~ Pbillip Bunting ;md Debza K, BulRing. his wife, da~cd 11/9/1984 and recorded 11/1311984 in Record Book Z-30, Page 304. Tax Parcel ~r29,20- t794-037 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-105 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1998-5; UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF 9/l/98 Plaintiff(s) From LEDGARD AND IDA GOSHORN, 255 S. WEST STREET, CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 907 W. NORTH STREET, 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 aitachment 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 $106,029.89 L.L. $.50 Interest 2/18/04 TO 6/9/04 ~ $17.43 per diem = $1,969.59 Due Prothy 1.00 Other Costs Atty's Con:an % Airy Paid $174.90 Plaintiff Paid Date: FEBRUARY 19, 2004 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. CURTIS R. LONG Protho~tary By:J ~L Address: ONE PENN CENTER ~ SUBURBAN STATION 1617 JFK BLVD., STE. 1400, PHILADELPHIA PA 19103-1814 A~orney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 Real Estate Sale #31 On March 01, 2004 the sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA Known and numbered as 907 West North Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 01,2004 By: %Jo, (('l-~mtJ-/~ Real Estatd'Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 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 J~the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County Dauphin in Miscellaneous Sock "M", PUBLICATION -- COPY Sworn to and sI 04 A.D. Terry L Russell, J OlyofHarrtsburg, DouphinCounly J NO'I'ARYPUBLIC J Nty Commission Expires June 6, 20061~Jy commission expires June 6, 2006 MembJr, p ennsylvanla ~ I(~clalJon el Nol&rles CUMBERLAND COUNTY SHERIFFS OFFICE ~'1, ~ CUMBERLAND COUNTY COURSE 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 $ 31 9.06 Publisher's Receipt for Advertising Cost Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general iledge receipt of the aforesaid notice and publication costs and certifies that the same have [...-.,v, ~.,,,,..~ ~,~.~,> tee/Wes of Orange /ledge 'receipt of the aforesaid notice and public 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. REAL ESTATE~LENO. 31 Wnt No. 2004~105 Civil The Chase Manhattan Bank, as Trustee of IMC Home Equity Loan Trust 1998-5, Under the pooling and servicing Agreement Dated as of September 1, 1998 vs. Ledgard Goshorn and Ida Goshorn Atty.: Frank Federman ALL THAT CERTAIN house /md lot of ground situate in North Mid- dleton Township, Cumberland Coun- ty, County, Pennsylvania, bounded and described in accordance with survey made by Ernest J. Walker, Reg/stered Surveyor, on September 14, 1964, as follows: BEGINNING at a hub on the North side of sixty {60) feet wide West North Street which place of beginning is 1585 feet West of Or- ~ange Street: thence from said place of beginning along the Northern line of salad 60 feet w/de We~t North SWO~ TiOANDSCUBs C~RIdBtED//~ saMarieoyne~/Eior before me this 30 day of APRIL 2004 NO~'~ SEAL ~ LOIS E. SNYDER, Notary Public Cadisle Boro, Cumbedand County My Commission Expires March 5, 2005 ILEAL ESTATE SALE NO. ~1 Writ No. 2004-105 Civil The Chase Manhattan Bank, as Trustee of IMC Home Equity Loan Trust 1998-5, Under the pooling and servicing Agreement Dated as of September 1, 1998 vs. Ledgard Goshorn and Ida Goshorn Atty.: Frank Federman ALL THAT CERTAIN house and lot of ground situate in North Mid- dleton Township, Cumberland Coma- ty, County, Pennsylvania, bounded and described in accordance with survey made by Ernest J. Walker, Registered Surveyor, on September 14, 1964, as follows: BEGINNING at a hub on the North side of sixty (60) feet wide West North Street which place of beginning is 1585 feet West of Or- ange Street; thence from said place of beginning along the Northern line of said 60 feet wide West North Street, North 77 degrees 45 rnlnute West, a distance of 70 feet to a hub; thence along the Eastern line of Lot No. 17 now or formerly of Lee Miller, North 12 degrees 15 minutes East, a distance of 200 feet to a hub; thence South 77 degrees 45 min- utes East, a distance of 70 feet to a hub; thence through Lot No. 15, South 12 degrees 15 minutes West, a distance of 200 feet to a hub on the Northern line of sixty (60) feet wide West North Street, the place of beginning. CONTAINING 70 feet in front along the Northern linc of 60 feet West North Street and extending Northwardly therefrom at an even width a distance of 200 feet and being all of Lot No, 16 and the West- em twenty (20) feet of Lot No. 15 as shown on Plan of Lots known as Burr Heights Development said Plan being recorded in the Office of the Recorder of Deeds in and for Cum- berland county at Carlisle. Pennsyl- vania in Plan book No. 5. Page 47. HAVING thereon erected a one- story frame dwelling house known as and numbered 907 West North Street. TITLE TO SAID PREMISES IS VESTED IN Ledgard Goshorn and Ida Goshorn, his wife, by Deed from Charles Phillip Bunting and Debra K. Bunting, his wife, dated 11/9/ 1984 and recorded 11/13/1984 in Record Book Z-30, Page 304. Tax Parcel #29-20-1794-037. LOIS Carii$ Uy Com