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HomeMy WebLinkAbout04-0889FEDERMAN 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 CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DR1VE COLUMBUS, OH 43219 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff JOSEPH A. EMGE 99 BEETEM HOLLOW ROAD NEWVILLE, PA 17241 TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FOR~CLOSUR~ 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 #: 84727 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, 1F 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 1S AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 84727 Plaintiff is CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 The name(s) and last known address(es) of the Defendant(s) are: JOSEPH A. EMGE 99 BEETEM HOLLOW ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 08/16/1999 GAIL A. EMGE & JOSEPH A. EMGE made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1564, Page 859. 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 09/01/2003 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 #: 84727 6. The following amounts are due on the mortgage: Principal Balance Interest 08/01/2003 through 03/01/2004 (Per Diem $16.48) Attorney's Fees Cumulative Late Charges 08/16/1999 to 03/01/2004 Cost of Suit and Title Search Subtotal $75,204.28 3,526.72 ,250.00 85.95 $ 550.00 $ 80,616.95 Escrow Credit 0.00 Deficit 47l .32 Subtotal $ 471.32 TOTAL $ 81,088.27 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 9l 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. By virtue of the death of GAlL A. EMGE on 8/10/2002 JOSEPH A. EMGE became the sole owner of the mortgaged prentises as surviving tenant by the entireties or surviving joint tenant. 11. Plaintiff hereby releases GAlL A. EMGE, from liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 81,088.27, together with interest from 03/01/2004 at the rate of $16.48 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. FEDERMAiN AND PHEL3-~, LI, tP ~ By: /s~a~a~~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 84727 ALL THAT C~P.T~f tra~ of rand with tl~ ~ml~.mcnts tben~m ~d ~tuat~ in l~un Townsh~. Cumberland County, P~n~jlvan~ ~,,ncl~ and dcsaibed aS fo~Xow~: HAVIlqG ~h~rec~ ~ ~ a randz tyl~ dw~Rin/l house with nm~__~qed gant~ and other/mpa'ova, all at' wb/ch p~ am Im~wn and numbered as 99 Beemm Hollow Road, Ncv~ll~ Pennsylvania IT241. sun= pzt~ises ~ H~'ry L. ¥~r and t,~nzy A. Varncr, Fzt/~ Mmy ,~, H~rr, l~y ~ deed 1986 md ~e.~o/'ded in thc O~ of the l~tm'der ~fD~-ih in nm/£er Cv, mbedand Courtly, l~cnnsylvatt~/n I:~.d ~ '~F', Vol~m~ ~1, PaRe ~14,/~-am~l P~d conv~,.ed tmv~ l~h~y L, Ym'.~ and VEI~ICATION ~-imfi7 A, Smith hereby states that he/she is nsslsl'n~rr $1~t~E'r,a~r of CHASE MANHA'ITAN MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action are true and correct to the best of her knowledge, information and beliefi 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. Cindy A.~II~ A~lm*Am* DATE: SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-00889 P COMMONTWEALTH OF PENNSYLVD2qIA COUNTY OF CUMBERLAND CHASE MALq{ATTAN MORTGAGE CORP VS EMGE JOSEPH A R. Thomas Kline duly sworn according to law, inquiry for the within named DEFENDANT EMGE JOSEPH A unable to locate Him COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and in his bailiwick. but was He therefore returns the the within named DEFENDANT , EMGE JOSEPH A 99 BEETEM HOLLOW ROAD NEWVILLE, PA 17241 PER NEIGHBOR, DEFENDANT MOVED 2 MONTHS AGO. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. , NOT FOUND ~ as to Sheriff's Costs: Docketing 18o00 Service 8.28 Not Found 5.00 Surcharge 10.00 .00 41.28 r R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 03/03/2004 'orn and subscribed to before me ts ~ day of~ A.D. Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Perm Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attomey for Plaintiff Chase Manhattan Mortgage Corporation VS. Joseph A. Emge COURT OF COMMON PLEAS CIVIL DIVISION Cumberland COUNTY NO. 2004-00889 MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Federman and Phelan, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant(s) by first class mail and certified mail to the Defendant at the last known address and mortgaged premises, located at 99 Beetem Hollow Road, Newville, Pa 17241, and in support thereof avers the following: 1. Attempts to serve Defendant(s) with the Complaint have been unsuccessful, as indicated by the Sheriffs Return of Service attached hereto as Exhibit "A". The Sheriff attempted service at the mortgaged premises located at 99 Beetem Hollow Road, Newville, Pa 17241, per neighbor defendant moved 2 months ago. 2. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant(s). An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". H:/Main Forms/motions/county.comp 3. Plaintiffhas reviewed its internal records and has not been contacted by defendant as of March 19, 2004 to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the defendants, but has been unable to do so. WItEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Date: March 19, 2004 Respectfully submitted, ~;doem~ ~f ~ l~hn~li~, LLP Lawrence ~T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Thomas M. Federman, Esquire H:/Main Forms/motions/county.comp Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Chase Manhattan Mortgage Corporation VS. Joseph A. Emge Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland COUNTY NO. 2004-00889 MEMORANDUM OF LAW Pa. R.C.P. 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may 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 Shehffs retom of"Not Found" or the fact that a Defendant has moved w/thout leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polio, 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." Adovfion 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 Sheriffs Retum of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". H:/Main Forms/motions/county.comp WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Federman an2i} Phelan, LLP Attom laintiff Lax~ence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Thomas M. Federman, Esquire Date: March 19, 2004 H:/Main Forms/motions/county.comp SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-00889 P~ COMMONTWEALTH OF P~INSYLy~IA COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS EMGE JOSEPH A R. Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named DEFENDANT EMGE JOSEPH A unable to locate Him in his bailiwick. ,Sheriff or Deputy Sheriff, who being search and but was He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT EMGE JOSEPH A 99 BEETEM HOLLOW ROAD NEWVILLE, PA 17241 PER NEIGHBOR, DEFENDANT MOVED 2 MONTHS AGO. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: Docketing 18.00 Service 8.28 Not Found 5.00 Surcharge 10.00 .00 41.28 R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 03/03/2004 Sworn and subscribed to before me this day of Prothonotary Default Express inc. 4905 Hamilton D~. Voorhees, NJ, 08O43 phone: 888-563-4746 Fax: 2t5-563-4746 iMo~default expge~s,com File #: 03-12007 Firm: FEDERMAN & PHELAN Subject: Joseph Emge Current address: 99 Beetem Hollow Rd. Newville, PA 17241 Property address: 99 Beetem Hollow Rd. Newville, PA 17241 Mailing address: 99 Beetem Hollow Rd. Newville, PA 17241 I Steven M. Ruffo,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) on 3/11/04 and have discovered the following I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following to be true and correct Joseph Emge - 212-70-2657 B. EMPLOYMENT SEARCH Joseph Emge - A review of Credit report indicates Joseph Emge is self employed. C. INQUIRY OF CREDITORS On 3/11/04 our inquiry with the creditors indicate that Joseph Emge reside(s) at 99 Beetem Hollow Rd · Newville, PA 17241 Il. INQUIRY OF TELEPHONE COMPANY A.DIRECTORY ASSISTANCE SEARCH On 3/11/04 our inquiry with the Directory Assistance indicated that Joseph Emge reside(s) at 99 Beetem Hollow Rd. Newville, PA 17241 717-486-8723. Our Office made a telephone call to the mortgagors phone number and reeieved the disconnected message. III. INQUIRY OF NEIGHBORS Using our Whitepages database on 3/11/04 we were unable to verify the current address with any of the Neighbors within ten houses of the above referenced subject. IV. INQUIRY OF POSTOFFICE A. NATIONAL ADDRESS UPDATE Our inquiry with National Address database on 3/11/04 indicates the following is correct Joseph Emge - 99 Beetem Hollow Rd. Newville, PA 17241 B. ADDITIONAL ACTIVE MAILING ADDRESS Per our inquiry with creditors on 3/11/04 the following is an active mailing address: no addresses on file. V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE & DMV OFFICE Per the Pennsylvania Department of motor vehicle Joseph Emge has a valid identification registered with the state. VI. OTHER INQUIRIES A. DEATH RECORDS As of 3/l 1/04 Vital records has no death records on file for Joseph Emge B. PUBLIC LISCENSES (PILOT, REAL ESTATE ETC.) Our office conducted a check on 3/11/04 for public licenses/records and found the following: none C. COUNTY VOTER REGISTRATION The Cumberland Cnty voter registration would only indicate a registration for Joseph Emge D. INTERNET All accessible public databases have been checked and cross-referenced for the above named individual(s). E. TAX ASSESSMENT OFFICE On 3/11/04 our office conducted a search of the following tax records which showed the following: See Attached Vll. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Joseph Emge - 2/23/55 B. A.K.A The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities I hereby verify that the statemants 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. Default Express Services, INC. President Sworn to and subscribed before me this 11 day of Mar 2003 NOTARIAL SEAL Jocelyn Ruffo Notary Public State of New Jersey My Commision Expires Mar. 21, 2007 Detailed Results for Parcel 31-12-0332-012. in the 2000 Tax Assessment Database 31 31-12-0332-012. 99 BEETEM HOLLOW ROAD EMGE, JOSEPH A & GAIL A R T-350 1040 30800 56830 87630 1.10 80500 08 18 19 VERIFICATION Francis S. Hallinan, Esquire, hereby states that he is the Attorney for the Plaintiffin this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are tree 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 unswom falsification to authorities. Date: March 19, 2004 Respectfully submitted, Federman and ~helan, LLP Attorney ~ntiff By: //~ -~j ~ZM~-~O~-''~ Francis S. Hallinan, Esquire H:~vl ain Forms/motions/county.comp 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 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF COURT 'OF COMMON PLEAS CWIL DYv'ISION : : CUMBEP,.LAND County VS. JOSEPH A. EMGE : GAlL A. EMGE (DEC'D) : Defendants : No. 04-889 CIVILTERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: March 16, 2004 FEDE~AN AND P E~, LLP ~-R:ANK FEDEX, ESQUIRE LAWRENCE 3?. PHELAN, ESQUIRE FRANCIS S. HALL1NAN, ESQUIRE Attorneys for Plaintiff /txh, Svc Dept. Federman and Phelan, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Chase Manhattan Mortgage Corporation Vs. Joseph A. Emge Attomey for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland COUNTY NO. 2004-00889 CERTIFICATION OF SERVICE I, Francis S. Hallinan, Esquire, hereby certify that a copy of the foregoing Motion for Service Pursuant to Special Order of Court has been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. Joseph A. Emge at: 99 Beetem Hollow Road Newville, Pa 17241 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: March 19, 2004 Respectfully submitted, Federman anffPhelan, LLP Attom~.~Plaintiff Ff~'s S. Hallinan, Esquire H:/Main Forms/motions/coun ~y.comp CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff JOSEPH A. EMGE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-0889 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of March, 2004, upon consideration of Plaintiff's Motion for Service Pursuant To Special Order of Court, it is ordered and directed that Plaintiff may serve the complaint upon Defendant Joseph A. Emge, by (1) mailing a true and correct copy of the complaint by certified mail and regular mail to Defendant's last known address at 99 Beetem Hollow Road, Newville, PA 17241, (2) publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting the mortgaged premises. Service by mail will be deemed complete upon mailing. Lawrence T. Phelan, Esq. Francis S.Hallinan, Esq. Daniel G. Schmieg, Esq. ~ Thomas M. Federman, Esq. One Penn Center at Suburban Station 1617 John F. Kennedy Blvd. Suite 1400 Philadelphia, PA 19103-1814 BY THE COURT, ~.~esley O~_~., J- irc 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 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff VS. JOSEPH A. EMGE Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND County No. 04-889 CWILTERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: April 8, 2004 FED~MAN AND ?ELAN, LLP By: ('~'._.,.~-~'/~ C~~ FR2~qK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff /lxh, Svc Dept. FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 56%700(} CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff VS. JOSEPH A. EMGE Defendant(s) Attorney for Plaintiff COURT OF COMMON PLEAS CWIL DWISION CUMBERLAND COUNTY NO. 04-889 CWIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PIIRglIANT TO COURT ORBE[~ I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, retum receipt requested, to the following persons, JOSEPH A. EMGE at 99 BEETEM HOLLOW ROAD, NEWVILLE, PA 17241 on -AIIIJLg.,.21R~, in accordance with the Order of Court dated March 26, 2004. The nndersigued understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to nnswom falsification to authorities. RANK FEDERMAN, ESQLrIRE Attorney for Plaintiff SHERIFF'S RETURN CASE NO: 2004-00889 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS EMGE JOSEPH A - REGULAR BRIAN BARRICK Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE EMGE JOSEPH A DEFENDANT , at 1114:00 HOURS, at 99 BEETEM HOLLOW ROAD NEWVILLE, PA 17241 POSTED PROPERTY AT Sheriff or Deputy Sheriff of who being duly sworn according to was served upon on the 19th day of April by handing to 99 BEETEM HOLLOW RD NEWVILLE a true and attested copy of COMPLAINT - MORT FORE the together with , 2004 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.59 Posting 6.00 Surcharge 10.00 .00 41.59 Sworn and Subscribed to before me this ~/~ day of ~ ~o~ A.D. / Prothonotary So Answers: R. Thomas Kline o4/2o/20o4 /] FEDERMAN & PHEI~ Deputy Snerllz~ 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 (215) ~fiq-7000 CHASE MANHATTAN MORTGAGE CORPORATION VS. JOSEPH A. EMGE Attorney For Plaintiff Court Of Common Pleas Civil Division CUMBERLAND County No. 04-889 CIVIL TERM AFFIDAVIT OF SF,RVICF, B'Y' PI ~RI ,TC A TTON IN A CCOR D ANCF, WITH COl ~R T OR DF, R I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order MARCH 26, 2004 indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in Tbe,qF. NTTINF,I. on ~pril.21L21l~ and TbeT,AWIOIIRNAI, on _~SL2.?c2tll~. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: May 14, 2004 Frank Federman, Esquire Ixh, Svc Dept. PROOF OF PUBLICATION State of Pennsylvania, Count!/ of cumberland Tammy Shoemaker, Customer Care Sales manager., of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County andL State aforesaid, was established December 13% 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publicalJon attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following date(s): April 20, 2004 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of pul~lication are Sworn to and subscribed before me this 21s .,~ April, 2004 · -N~ary Pu~'~c My commission expires: I ~OTA~,~L I DAWN M. 8HUGHA~T, Note 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 mad 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 23,2004 Affiant further deposes that he is authorized to verify tttis 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. !~sa Marie Co,ne, Editor SWORN TO AND SUBSCRIBED before me this 23 day of APRIL, 2004 LOIS E. SNYDER, Notary Public Cadisle Boro, Cumberland County My Commission Expires March 5, 2005 CUMBERLAND LAW JOURNAl. NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action--Law No. 2004-00889 CHASE MANHATTAN MORTGAGE CORPORATION, PLAINTIFF VS. JOSEPH A. EMGE, DEFENDANT NOTICE TO JOSEPH A. EMGE: You are hereby notified that on March 2. 2004, Plaintiff, CHASE MANHATTAN MORTGAGE CORPO- RATION, filed a Mortgage Foreclos- ure Complaint endorsed with a No- tice to Defend. against you in the Court of Common Pleas of CUMBER- LAND County. Pennsylvania. dock- eted to No. 2004-00889. Wherein Plaintiff seeks to foreclose on the mort- gage secured on your property lo- cated at: 99 BEETEM HOLLOW ROAD, ~LLE, PA 17241, where- upon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may pro- ceed without you and a judgment may be entered against you without ~urther notice lbr the relief request- ed by the plaintiff. You may lose mon- ey or property or other rights im- portant to you. YOU SHOULD TAKE THIS NO- 'rICE TO YOUR LAWYER AT ONCE. IF YOU DO Nc~r HAVE A LAWYER, GO TO OR TELEPHONE THE OF- FICE 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 TI-LAT MAY OFFER LE- GAL SERVICF~C½ TO ELIGIBLE PER- SONS 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 FEDERMAN & PHELAN, L.L.P. Attorneys fc,r Plaintiff One Penn Center Suite 141)0 Philadelphia, PA 19103 Apr. 23 3 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 MANHATT~ MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff, JOSEPH A. EMGE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-889 CML TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JOSEPH A. EMGE, 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 Complaint Interest from 3/2/04 to 6/2/04 TOTAL $81,088.27 $1,532.64 $82,620.91 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., Icl. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CEbVFER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (?lS) $6q-7000 CHASE MA/'~IATFAN MORTGAGE CORPORATION Plaintiff JOSEPH A. EMGE Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 04-889 CIVIL TERM TO: JOSEPH A. EMGE 99 BEETEM HOLLOW ROAD NEWVILLE, PA 17241 DATE OF NOTICE: MAY 14, 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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. I~IPORTANT 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 COUN'I~ CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CAR_LISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 ~ 1814 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff VS. JOSEPH A. EMGE Defendant(s) Attomey for Plaintiff COURT OF COMMON PLEAS CWIL DWISION CUMBERLAND COUNTY : NO. 04~889 CWIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT BY MAll, PIYRSI[ANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complffmt in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, JOSEPH A. EMGE at 99 BEETEM HOLLOW ROAD, NEWVILLE, PA 17241 on April O, 2004 · in accordance with the Order of Court dated March 26, 2004. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: April 9, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaimiff CHASE'MANHATTAN MORTGAGE CORPORATION, Plaimiff JOSEPH A. EMGE, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-0889 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of March, 2004, upon consideration of Plaintiff's Motion for Service Pursuant To Special Order of Court, it is ordered and directed that Plaintiff may serve the complaint upon Defendant Joseph A. Emge, by (1) mailing a true and correct copy of the complaint by certified mail and regular mail to Defendant's last known address at 99 Beetem Hollow Road, Newville, PA 17241, (2) publication once in the Cumberland Law Journal and in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting the mortgaged premises. Service by mail will be deemed complete upon mailing. L~ence T. Phelan, Esq. ?rancis S.Hallinan, Esq. /Daniel G. Schmieg, Esq. Thomas M. Federman, Esq. One Penn Center at Suburban Station 1617 John F. Kennedy Blvd. Suite 1400 Philadelphia, PA 19103-1814 :re BY THE COURT, t' //. 7 yWes ey O1~____~., J. 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 (2~5) 56%7000 CHASE MANHATTAN MORTGAGE CORPORATION VS. JOSEPH A. EMGE Attorney For Plaintiff Court Of Common Pleas Civil Division CUMBERLAND County No. 04-889 CIVIL TERM AFFIDAVIT OF SERVICE BY Pl IBI IC ATION IN ACCORD ANCF, WITH COl IRT ORDF.R I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order MARCH 26, 2004 indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in The SENTINEl, on April 20, 2004 and The I,AW IOIIRNAI, on April 23, 2004. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: May 14, 2004 Frank Federman, Esquire Ixh, Svc Dept. PROOF OF PUBLICATION State of Pennsylvania, County of cumberland Tammy Shoemaker, Customer Care Sales manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following date(s): April20, 2004 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to ffrae, place and character of Sworn to and subscribed before me this 21s_t~t0,y of April, 200~ My commission expires: NOTARt~ SEAt. DAWN M. SHU~tqA~, NOtary PUbl~ 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 23, 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. sa , Editor SWORN TO AND SUBSCRIBED before me this 23 day of APRIL, 2004 LOIS E. SNYOER, Notmy Public Ca~sle Ba'o, Cumberland County My Cemmission Expires March 5, 2005 CUMBERLAND LAW JOURNAL NOTICE OF AC'I'ION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action--Law No. 2004-00889 CHASE MANHA'FI'AN MORTGAGE CORPORATION, pLAINTIFF VS. JOSEPH A. EMGE, DEFENDANT NOTICE TO JOSEPH A. EMGE: You are hereby notified that on March 2, 2004, Plaintiff, CHA~E MANHATTAN MORTGAGE CORPO- RATION, filed a Mortgage Foreclos- ure Complaint endorsed with a No- tice to Defend. against you in the Court of Common Pleas of CUMBER- LAND County, Pennsylvania, dock- eted to No. 2004-00889. Wherein Plaintiff seeks to foreclose on the mort- gage secured on your property lo- cated at: 99 BEETEM HOLLOW ROAD, NEWVILLE. PA 17241, where* upon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment wtll be entered against you. NOTICE If you wish to defend, you must enter a w~tten appearance person- ally or by attorney and file your de- fenses or objections In writing with the court. You are warned that if you fail to do so the ease may pro- ceed without you and a Judgment may be entered against you without further notice for the relief request- ed by the plaintiff. You may lose mon- ey or property or other rights portant to you. YOU SHOULD TAKE THIS NO~ TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OF- FICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU VdlTH INFORMATION ABOUT HIK1NO 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 GAL SERVICES TO ELIGIBLE PER- SONS 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 FEDERMAN & PHELAN, L.L.P. Attorneys for Plaintiff One Penn Center Suite 1400 Philadelphia, PA 19103 Apr, 23 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 JOSEPH A. EMGE Plaintiff, Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-889 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin 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 JOSEPH A. EMGE is over 18 years of age and resides at, 99 BEETEN HOLLOW ROAD, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa, C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center JUN-02-2004 07:14:42 Military Status Report ;oldiers' and Sailors' Civil Relief Act of 1940 ~'Last Name IFirst Middle ]Begin Date IActive Duty Status Iservice/AgencyEMGE Currently not on Active Military Duty, based on the Social Security 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 feel that the DMDC response is not correct, please send an e-mail to sscra, helpdesk~osd.pentagon.mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https://www.dmdc.osd.mil/udpdri/owaJsscra.prc_Select 6/2/2OO4 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, JOSEPH A. EMGE Defendant(s). No. 04-889 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 6/3/04 to SEPTEMBER 8, 2004 (per diem -$13.58) TOTAL $82,620.91 $1,330.84 and Costs $83,951.75 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Pla'mtiff Note: Please attach description of property. No. ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the intersection of the Peach Orchard Road with the road leading from the Pine Road to Beetem Hollow; thence in the latter road, North 31 degrees 30 minutes West 225 feet to a point; thence North 61 degrees East 223 feet to a stake; thence South 31 degrees 30 minutes East 225 feet to a stake on the Southern side of a Peach Orchard Road; thence to and in Peach Orchard Road, South 62 degrees West 225 to place of beginning. CONTAINING 1.1 acres. HAVING thereon erected a ranch type dwelling house with attached garage and other improvements all of which premises are known and numbered as 99 Beetem Hollow Road, Newville, Pennsylvania 17241. TITLE TO SAID PREMISES IS VESTED IN Joseph A. Emge and Gail A. Emge, his wife by Deed from Harry L. Vamer and Mary A. Vamer, his wife dated 8/16/1999 and recorded 8/18/1999 in Record Book 205 page 1147. Tax Parcel#31-12-0332~012 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-889 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 JOSEPH A. EMGE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) tlmt: (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 a~achment is found in the possession of anyone other than a named gam/shee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $82,620.91 L.L. $.50 Interest FROM 6/3/04 TO 9/8/04 (PER DIEM - $13.58) - $1,330.84 AND COSTS Atty's Corem % Due Prothy $1.00 Arty Paid $164.87 Other Costs Plaintiff Paid Date: JUNE 3, 2004 (Seal) CURTIS R. LONG Prothonotary Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLA/NT/FF Telephone: 215-563-7000 Supreme Cmu't 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 PHILADELP/IlA, PA 19103-1814 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, JOSEPH A, EMGE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-889 CIVIL TERM CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, JOSEPH A. EMGE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-889 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) 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 infonxtation concerning the real property located at, 99 BEETEM HOLLOW ROAD, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOSEPH A. EMGE 99 BEETEN HOLLOW ROAD NEWVILLE, PA 17241 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Sanle Last Known Address (if address cannot be reasonably ascertained, please indicate) Nolle 5. Name and address of every other person who has any record lien on the property: maine Last Knovm 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) INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13TM FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY 6TM FLOOR, STRAWBERRY SQUARE DEPT. #280601 HARRISBURG, PA 17128 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 99 BEETEM HOLLOW ROAD NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 2, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, JOSEPH A. EMGE Defendant(s). TO: JOSEPH A. EMGE 99 BEETEN HOLLOW ROAD NEWVILLE, PA 17241 CUMBERLAND COUNTY No. 04~889 CIVIL TERM June 2, 2004 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANYINFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OF A LIEN AGAINSTPROPERTE, ** Your house (real estate) aL 99 BEETEM HOLLOW ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $82,620.91 obtained by CHASE MANItATTAN 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 SHERIFFfS 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. ThesalewillgothroughonlyifthebuyerpaystheSheriffthe 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 mount 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 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 Sheriffwithin 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 (8OO) 990-9108 ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the intersection of the Peach Orchard Road with tbe road leading from the Pine Road to Beetem Hollow; thence in the latter road, North 31 degrees 30 minutes West 225 feet to a point; thence North 61 degrees East 223 feet to a stake; thence South 31 degrees 30 minutes East 225 feet to a stake on the Southern side ora Peach Orchard Road; thence to and in Peach Orchard Road, South 62 degrees West 225 to place of begirming. CONTAINING 1.1 acres. HAVING thereon erected a ranch type dwelling house with attached garage and other improvements all of which premises are known and numbered as 99 Beetem Hollow Road, Newville, Pennsylvania 17241. TITLE TO SAID PREMISES IS VESTED IN Joseph A. Emge and Gall A. Emge, his wife by Deed from Harry L, Vamer and Mary A. Vamer, his wife dated 8/16/1999 and recorded 8/18/1999 in Record Book 205 page 1147. Tax Parcel#31 - 12-0332-012 FEDERMAN AND PHELAN By: DANIEL SCHMIEG IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (~1 ~;) 563-7000 ATTORNEY FOR PLAINTIFF CHASE MANHATTAN CORPORATION VS. JOSEPH A. EMGE GAIL A. EMGE (DECEASED) MORTGAGE Plaintiff Defendant(s) : County .. : Court of Common Pleas : : CIVIL D]NISION : : NO. 04-889 CIVILTERM .. ._ : .. PR AECIPF, TO VAC~ ATF, .II II~GMENT AND MARK CA,~E I)Lqf~f)NTINUF~D AN1) F~Nl~FJ~ 'v¥[TI-IOI TT PR F~.II Tl~lf~g~ TO THE PROTHONOTARY: Kindly vacate the Judgment which was entered on 6/3/04 against JOSEPH A. EMGE and GAlL A. EMGE (DECEASED), Defendant(s), in the amount of $82,620..91 relative to the instant matter and mark this case discontinued and ended, without prejudice, upon payment of your costs only. Dated: August 2, 2004 Chase Manhattan Mortgage Corporation VS Joseph A. Emge In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-889 Civil Term R. Thomas Kline, Sheriff, who being duly swom according to law, states this writ is returned STAYED per instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Poundage 299.03 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Levy 15.00 Mileage 11.59 Surcharge 20.00 Law Journal 144.50 Patriot News 75.47 Share of Bills 30.49 $ 657.58 This ~],,o~ day of ~.~j,,/-- R. Thomas Kline, Sheriff Prothonotary Real EsCgte Deputy CJ~ q,7o:~ CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, JOSEPH A. EMGE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-889 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRe, sets forth as of the date thc Praccipe for the Writ of Execution was filed the following information concerning the real property located at, 99 BEETEM HOLLOW ROAD, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOSEPH A. EMGE 99 BEETEN HOLLOW ROAD NEWVILLE, PA 17241 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) 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) Noue 6. Name and address of every other person who has any record interest in the property and whose interest may he affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13TM FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY 6TM FLOOR, STRAWBERRY SQUARE DEPT. #280601 HARRISBURG, PA 17128 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 99 BEETEM HOLLOW ROAD NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare Harrisburg, PA 17105 1 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 reloting to unswom falsification to authorities. June 2. 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CHASE MANHATTAN MORTGAGE : CORPORATION : Plaintiff, : JOSEPH A. EMGE : Defendant(s). : TO: JOSEPH A. EMGE 99 BEETEN HOLLOW ROAD NEWVILLE, PA 17241 CUMBERLAND COUNTY No. 04-889 CIVIL TERM June 2, 2004 **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 BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN A GAINST PROPERTE ** Your house (real estate) at, 99 BEETEM HOLLOW ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 8, 2004 at I0:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $82,620.91 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 Sheriff's Sale, you must take immediate action: L 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 Sherift's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the 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 disthbution 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 (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 ALL THAT CERTAIN trac! of land with the improvements thereon erected situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the intersection of the Peach Orchard Road with the road leading from the Pine Road to Beetem Hollow; thence in the latter road, North 31 degrees 30 minutes West 225 feet to a point; thence North 61 degrees East 223 feet to a stake; thence South 31 degrees 30 minutes East 225 feet to a stake on the Southern side of a Peach Orchard Road; thence to and in Peach Orchard Road, South 62 degrees West 225 to place of beginning. CONTAINING 1.I acres. HAVING thereon erected a ranch type dwelling house with attached garage and other improvements all of which premises are known and numbered as 99 Beetem Hollow Road, Newville, Pennsylvania 17241. TITLE TO SAID PREMISES IS VESTED IN Joseph A. Emge and Gall A. Emge, his wife by Deed fxom Harry L. Vamer and Mary A. Vamer, his wife dated 8/16/1999 and recorded 8/18/1999 in Record Book 205 page 1147. Tax Parcel#31-12-0332-012 ~VRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-889 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 JOSEPH A. EMGE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possessinn 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. AmotmtDue $82,620.91 L.L. $.50 Interest FROM 6/3/04 TO 9/8/04 (PER DIEM o $13.58) - $1,330.84 AND COSTS Atty's Camm % Due Prothy $1.00 Atty Paid $164.87 Other Costs Plaintiff Paid Date: JUNE 3, 2004 (Seal) CURTIS R. LONG Prothono~ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Real Estate Sale #42 On June 15, 2004 the sheriff levied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, PA Known and numbered as 99 Beetem Hollow Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 15, 2004 Real Estat6 Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Peansylvunia, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant 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 Danphin, State of Peansylvaina, 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 Pa~'iot-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 daffy and/or Sunday/Metro editions which appeared on the 27th day(s) of July 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 t~ue; 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 pm'suant 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 Dauphin in Miscellaneous Book "M", Volme 14, Page 317. PUBLICATION COPY S ALE~42 ITerry L Russell, Nolary I~blt~/~,,/"'/ff-~ t..~,/~ ~../~ J aly of Harrisburg, Douphln Coul'gY --,~jnm/_..~v m rOT' Tr' J ~yCommisslon ~.xpires Jun~.6~2006 r~,~,f~.-,x~ .~. .... ,,., Member, Pennlylvanlaga$ociagono~}lt~ a~lSSlOn explres JUlle 6, 2006 CUMBERLtuND COUNTY SHERIFFS OFFICE CLrMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To ~ PA~OT-~WS CO. For pubhs~g ~e notice or publication a~ched hereto un ~e above stated ~tes 75.47 Publisher's Receipt for Adveffising Cost receipt of &e aforesaid no~ce ~d pub~cafiun cos~ ~d ce~fies ~t ~e s~ ~vc By .................................................................... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, apprevcd 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 Join-hal, 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: JULY 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 8ALE NO. 42 Writ No, 2004~889 Civil Chase Manhattan Mortgage Corporation VS. Joseph A. Emge Atty.: Frank Federman ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Penn Township, Cumberland County, Pennsylvania, hounded and described as follows: BEGINNING at a point in the In- tersection of the Peach Orchard Road w/th the road leadthg from the Pine Road to Beetem Hollow; thence in the latter road, Norih 31 degrees 30 minutes West 225 feet to a point; thence North 61 degrees East 223 feet to a stake; thence South 31 degrees 30 rninutes East 225 feet to a stake on the Southern side of a ~i~'Marie Coyne, EIlitor SWORN TO AND SUBSCRIBED before me this 30 day of JULY 2004 LOIS E. SNYDER, Notary public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 Writ No. 2004-889 Civ~l Chase Manhattan Mortgage Corporation VS. Joseph A. Emge Atty.: Frank Federman ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Penn Township, Cumberland County, Permsylvanla, bounded and described as follows: BEGINNING at a point in the in- tersection of the Peach Orchard Road with the road leading from the Pine Road to Beetem Hollow; thence in the latter road, North 31 degrees 30 minutes West 225 feet to a point; thence North 61 degrees East 223 feet to a stake; thence South 31 degrees 30 minutes East 225 feet to a stake on the Southern side of a Peach Orchard Road; thence to and in Peach Orchard Road, South 62 degrees West 225 to place of begin- ning. CONTAINING 1.1 acres. HAVING thereon erected a ranch type dwelling house with attached garage and other improvements all of which premises are known and numbered as 99 Beetem Hollow Road, Newvllle, Pennsylvania 17241. Lis~'Mm SWORN TO AN[ 30 da5, of LOiS E, SN~ Cadisle Boro My Comrnissior TITLE TO SAID PREMISES IS VESTED IN Joseph A. Emge and Gall A. Emge, his wife by Deed from Harry L. Varner and Mary A. Varner, his wife dated 8/16/1999 and re- corded 8/18/1999 in Record Book 205 page 1147. Tax Parcel #31-12-0332-012.