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HomeMy WebLinkAbout04-2588· FEDERMAN AN/) PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL1NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPOP~TION 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff MELISSA K. FERRON A/K/A MEL1SSA K. CARRION A/K/A MELISSA K. KOSIER 4135 WERTZVILLE ROAD ENOLA, PA 17025 ATI~ORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY 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 properly 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File#: 93715 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. 1F DEFENDANT(S) DO SO IN WRITING WITHIN TIIIRTY (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. 1T IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 93715 '1. 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: MELISSA K. FERRON AJK/A MELISSA K. CARRION A/K/A MELISSA K. KOSIER 4135 WERTZVI:LLE ROAD ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 03/15/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to EQUITY ONE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1691, Page 978. 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 pr/ncipal and interest upon said mortgage due 02/01/2004 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#: 93715 '6. The following amounts are due on the mortgage: Principal Balance Interest 01/01/2004 through 06/07/2004 (Per Diem $19.25) Attorney's Fees Cumulative Late Charges 03/15/2001 to 06/07/2004 Cost of Suit and Title Search Subtotal $97,160.42 3,060.75 1,225.00 34.1l $ 550.00 $102,030.28 Escrow Credit - 436.12 Deficit 0.00 Subtotal $- 436.12 TOTAL $101,594.16 The attorney's fees set tbrth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sherifgs Sale. lfthe 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $101,594.16, together with interest from 06/07/2004 at the rate of $19.25 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: FEDERM'AII~ AND PHELAN~LLI~, , ~I FRANK F[DERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 937~5 ."r' - . ..... LER fi'ZOO: :.2'; OF DEEDS ~.,,h~.-R ..... OOUtITY- PA Prepared 0y: Return To: BETTY JACKSON Eqmty One. Inc, OFtlSI,Z'.,.L. 400 L]pplncott Drive. MarIton. NJ 08053 10-14-0838-023 MORTGAGE DEFINITIONS Wonts us~l ia multiple sections of thtS document are defined below m~d other words are defined in Sections 3, I 1, 13, 18, 20 and 21 Certain roles regarding the usage of words used ~n th~s document are al~o provided in Section 16. together with ~11 Riders to this document. (Bl"Bormw~" is Mel]ssa K Ferron. Married Person March 15. 2001 (c) "Lender*is Equity One. Incorporated Lendcri$~ (a PA Corporation) 00257298 Fo;m 3039 1/01 orga~ize~ ~d existing under ~e laws of Peflnsyl L~nder'saddressm 400 L~pp3ncott Dr~ve. Marlton. NJ 08053 "Note" ~s ~e pr~ ~m si~ by ~er ~d ~ March 15. 2001 (U.S, $100,000. O0 ) plus inleresL Bo~wer h~ pro~sed to pay ~is debt m reg~ Periodic ~ AdJustable Ra~e R~der ~ ~ndomm~um Rider ~ ~nd Home R~d~ ~ VA Rider ~ Biweekly Pay~nl R~der PMI Private Mortgage Ins Rider 00257298 (O) "R~SPA" meat= the Rea] E~tate .~ttlemem Procedures Act (12 U S.C. S~clion 2601 el scA.) and ~{s implementing regulation. Regulation X (24 C.F.R. Fat 3500), as they might be amend~ from firr~ to tln~, or any addltiona~ or successor legislation or regulation ~a~ governs Ibc satr~ sub, eot maucr. As used TRANSFER OF RIGHTS IN THE PROPERTY Townshlp of Hampden See Legal Description Attached. 4135 Wertzvllle Road Eno]a IC,,yl, pe.~mn~lva.n~a 17025 00257298 BORROWER COVENANTS that Borrower is lawfully seised of fue estate hereby conveyed and has the riehl to mortgage, grant and convey thc Property and that the property is unencumbered, except for encumbrances of record Borrowc~ warranr~ and will defend generally the tifie to the proper~y against all nia~m~ and demands, subJeCt to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenaat~ with limited variattons by jurisdiction to conmtute a uniform security instrument covenng real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1, Payment of Prineipni, Intere$1, Escrow Items, Prepayment Charges, and Late Charges, Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charge~ and late charges due under the Note. Borrower shall dso pay funds for Escrow Items pursuant to Secuon 3. Payments due under the Note and this Security lttstrument shall be made in currency. However, if any check or other instrument received by Lender as payment under the Note or this ,~urity Instrumem ts returned to Lender unpaM, Lender may require that any or all subsequent payments due under the Note and this Security fustrament be made in one of ii.re of the following fort/~, as selected by Lender: (a) cash; (b) money order; (c) cert:fied check, bank check, treasurer's check or cashier's check, provided any such check Is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer, Payments are deemed rece:ved by Lender when received at the location designated in the Note ut at such other location as may be designated by Lender m accordance with Ibe not~ce prows~ons in Seetinn 15, Lender may return any paymen{ or partial payment if the payment or patital payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, wttho].lt waiver of any rights hereunder or prejudice {o Its r~ghts to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at thc time such payments are accepted. If each Periodic Payment is applied aa of its scheduled due date, then Lender need not pay interest on unapphed funds. Lender may hold such unapplied funds until Borrower makes payment to bnng the Loan cunent. If Borrower does not do so within a reasonable pennd of time, Leader shall either apply such fluids or r~turn them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No off, et or claim which Borrower rmght have now or in the future against Leader shall ralleve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreernems ~ecured by this Security Instrument, 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; Co) prinelpal due under the Note; (e) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order m which it became due, Any remaining amounts shall be apphed first to late charges, second to any other anlounts due under this Security instnlment, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a dehnquent Periodic Paymem which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If w. ore than one Penndic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be 00257298 '~/,/~ paid in ~ll. To the exieat that any excess exists after the payment is applied Io the full payment of one or rr, ore Periodic Paymezmts, suc~h excess may be applied lo any late cha~ges due. Voluntary prepayments shall 00257298 ~,_~ 00257298 ~,, ,,k~ 6. Occupancy. Borrower shall occupy, es~abhsh, and use the Property as BO~Tower's p~ncipal 00257298 .... ~ 985 00257298 (b~ Any such agreements will not affect the rights Borrower has - ff a~y - w~th respect to the Mortgage L~urance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive refund of any Mortgage Insurance premiums that wece unearned at the time of such cancellation or termiaaUon. IL Assignment of Miscellaneous Proceeds; Forfeiture. All Mtscellaneous Proceeds arc hereby assigned to and shall be prod to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration at repair is economically feasible and Lender's security is not lessened. During such repair md re. rotation period, Lender *hall have the right to hold such M~scellaneous proceeds until Lender has had an opportunlty to inspect such Property to ensure d~e work has been completed to Lender's satisfaction, provided that ~uch inspection shall be undertaken promptly Leader raay pay for the repairs and restoratmn in a single thsburseraent or in a series of progress payments as the work is completed. Unle~ ax~ agreement is made in writing or Applicable Law require~ interest to be pa~d on such Miscellaneous Proceeds. Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not ¢conowacally feasthle or Lender's security would be lessened, the Miscellaneous Proceeds shall be apphed to the surm secured by this Security Instrument, whether or :lot then due, with the excess, if a~y, paid to Borrower Such Miscellaneous Proceeds shall be apphed in the order provided Ibr in Section 2' In the event of a total taking, destract~on, or loss in value of the Property. the M~scellaneous Proceeds ~ludl be apphed to the sums secured by this Security Instrament, wl~ether or not then due. with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the suws secured by th~s Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secUred by this Security Instrument shall be reduced by the anmunt of the M~scellaneou$ proceeds multiplied by the following fraction: {a) the thtal amount of the sums ~ecured tmmediately before the partial taking, destmcuon, or loss in value thvtdsd by (b) ~he fair market value of the Property immediately before the part,al taking, destruction, ur loss m value. Any balm shall be pa~d to Borrower. la the event of a partial talong, d~tmctina, or loss m value of the Property in which the fair market value of the Property immediately before the part:al taking, destruction, or loss in value ~s less than the anmunt of the $un'~ secured immedzataly before tho partial talOng, destruction, or 1o~ in velu¢, Borrower and Lender othon~'iae agree tn writing, the Miacellan~ou.s Proceeds shall be applied to th* sums ~ecured by this Security Instrument whether or not the aun~ are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing party (~ der-reed m the next sentence) offer~ to make aa award to settle a claim for damages, Borrower fails to respond to L~nder within 30 days afar the date the notice t~ g{ven. Lender ia authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums s~cured by this Security Instrument, whether or not then due. 'Opposing Party~ means the thtrd party that ow~ Borrower Miscellaneous proceeds or the peny against whom Borrower h~ a right of actmn m regard to Mi.sc~llan~ous Proceeds. Borrower shall be in default if any antron or proceeding, whether civil or criminal, is ~egun that. in Lender's judgment, could result tn forfetture of the Prope. gty or other material imp:urmeat of Lender's Interest in the Property or rights under tins Seeuiaty In~t Borrower can cam such a default end, if acceleration has occurred, reinstate as provtded m Section 19. by causing the action or proceeding to be 00257298 Appllc~ble taw. agreemcms; (c) pays all expense~ incurred m eniorcm§ this Secur/ty [n.m-umem. including, bu~ no~ w. reasonable a~torneys' fees, pwpeny inspection and valuation fees, a~d other fa incurred for purpose of protecting Lender's interest m the Property ~nd rip, his under this Security lra~mme, n~; and (d) 00257298 00257298 ~,~A...~- BY SIGNING BELOW, Borrower accep~ a~d agree~ to the tem~ and covenants contained m this Security Instrument and i~ any R~der executed by Borrower and recorded w~th it. (Seal) (Seal) (Seal) (Seal) (Seal) (Seal) (Seal) 00257298 ALL THOSE TWO (2) CERTAIN tracts of land s/mate in Harap~a Township, Cumberland County, Pennsylvania, more particularly bounded arid described as follows, to wit: TRACT NO. 1: BEOINNING at a point in the State Highway leading frbm Bnola to Wcrtzv/lle, said paint being at a distance of four hundred fldrty-two and four-tenths (432.4) feet measured in a easterly dir~'tioa from the property now or late of C.F. Buck; thence along amd Highway South 89 d~rees 00 minuw.~ 00 soconds ~a~, one hundred and zero one-hundredths (100) feet to a poim; then~ along other lands now or late of Richard G. !,~-~tz, Sr.. Sou~ 01 d~gree 00 minutes 00 seconds West, two hundred and zero ono-lzuadredths (200.00) f~t to a pin; thence by thc same North 89 degrees 00 minut~ 00 s~onds West, one hulldred and Z~.rO on~-hundrcdth$ (100,00) feet to a pin; thence by the same Not~l 01 degree 00 minute:; 00 seconds ~ two htmdred and zero one-hundredths (200.00) feet to a point, the place of BBGINNIN(}, CONTAE,SNG 0.46 acres. HAVING ~ON E1LECTED a dwelling hous~ being known and nurabcred as 4135 Wertzville Road, Enola, Pennsylvania. TRACT NO. 2: BEGINNING at a point in the centc~ of thc Wertzv/lle Road at the corner of other l~__n,5, s now or formerly of Richard and Leah Lant~4 thence along lands now or formerly of Richard and Leah Lantz South 0l dcgree 00 minutes 00 seconds Wc~, two hundred and zero onc-hundradths (200.00) fe~t to a pin; thence along lands now or late of Robe~ H. and Hikla O. Wentz, South 89 degrees 00 minme$ 00 seconds East, twenty-five and zero one-htmck-z~ths (25.00) feet to a stake; thence ~long ]~mds now or late of Robert II. and Hilda O, Wentz, North 01 degree 00 minutes 00 ~ecends Fast, two hundred and zcw one-hundredths (200.00) feet to a point in the center of the Wertzville Road; thence along thc ccater of the W~t~z,~ille Rc~i, North 89 degrees 00 mi~atea 00 seoonda West, twcnty-five a~d zero one-hundredths (25.00) feet to a point, thc place of BEGINlq~G. CONTAININO 0.11 acres. BBINO ~ SAMI/PRElvflSES which Richard G. Lantz, Sr., by deed dated August 20, 1999 and recorded August 20, 1999 in the O~icc of thc Recorder of Deeds in and for Cumberland Coumy, Pcnn~ylvarfia, in Book 206, Page 197, granted and conveyed unto Kenneth IL Ferton and Mclissa K. Fcrwn, GRANTORS herein. TAX MAP Kefcranca: No. 10-14-093g-023. VERIFICATION Summar M. Wineoardner hereby states that he/she is Assl~tan! 8eea~t~y of CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing agent for Plaintiffin this matter, that she is authorized 1o take this Verification, and that the statements made in the foregoing Civil Action are tree and correct to the best of her knowledge, information and belief. The undersigned understands Ih,at this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: 3-0 SHERIFF'S RETURN - CASE NO: 2004-02588 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAi~ MORTGAGE CORP VS FERRON MELISSA K ET AL REGULAR CPL. TIMOTHY REITZ Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon FERRON MELISSA K AKA MELISSA K CARRION AKA MELISSA K KOSIiER DEFENDANT , at 1834:00 HOURS, on the 16th day of June at 4135 WERTZVILLE ROAD ENOLA, PA 17025 by handing to MELISSA K CARRION a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, the , 2004 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this ~ day of pr ~ ~ ~ A.D. othonotary So Answers: 07/07/2004 FEDERMAN & PHELAN SHERIFF' S RETURN CASE NO: 2004-02588 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS FERRON MELISSA K ET AL - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , to wit: FERRON MELISSA K AKA MELISSA K CARRION AKA MELISSA K KOSIER , Sheriff or Deputy Sheriff who being says, that he made a diligent search and He therefore Pennsylvania, but was unable to locate Her in his bailiwick. deputized the sheriff of CENTRE County, serve the within COMPLAINT - MORT FORE to On July 7th , 2004 attached return from CENTRE Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Centre County 30.00 .00 55.00 07/07/2004 FEDERMAN & PHELAN Sworn and subscribed to before me this ~ ~- day of~ ~0V A.D. , this office was in receipt of the So answers: R. Thomas Kline Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Chase Manhattan Mortgage Corporation VS. Melissa K. Ferron ~/k/a Melissa K. Carrion a/k/a Melissa K. Kosier SERVE: sar~ No. 04-2588 civil Now, June 9, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Centre County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA within upon at by handing to a and made known to · Affidavit of Service ,20 ,at o'clock M. served the copy of the original So answers, the contents thereof. Sworn and subscribed before me this day of ,20__ Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT -$ County, PA SHERIFF'S OFFICE CENTRE COUNTY Rm 101 Court House, Bellefonte, Pennsylvania, 16823 (814) 355-6803 SHERIFF SERVICE INSTRUCTIONS FOR SERVICE OF PROCESS:You must file one instruction sheet for each defendard, please type or print legibty. Do PROCESS RECEIPT, AND AFFIDAVIT OF RETURN Notdetach anycopes. 1. Plaintiff(s) 2. Case Number 3. Defendant(s) 4. Type of Writ or Complaint: SERVE ~ 5. Na~e of Individual, Co.any, Corporation, Etc., to Serve or Description of Property to be Levied, AEached or Sol~ aT ~ 6. Address (Street or RFD, Apartmen~ No., City, Boro, T~., ~ate and ~p ~ode) 7. Indicate unusua~service: I Reg~ail ~ Certified Mail ~ Deputize C, POst I Other Now, 20 . I SHERIFF OF CENTRE COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. Sheriff ot Centre County 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST iN EXPEDITING SERVICE NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. Print/Type Name and Address of Attorney/Originator 10. Telephone Number I 1 I. Date I 12. Signature SPACE BELOW FOR USE OF SHERIFF ONLY - DO N~T WRITE BELOW T.,HIS LINE 13or complain~as in~iicated above. }~ acknowled e rec ipt of he writ SIGNATURE of Authorized CCSD Deputy of Clerk and Title I114. Date Filed jrt 5 Expiration/Hearing Date TO BE COMPLETED BY SHERIFF 16. Served and made known to , on the day of 20 __ , at o'clock, __ m., at Commonwealth of Pennsylvania, in the manner described below: Defendant(s) personally served. , ~ Adult family member with whom said Defendant(s) resides(s). Relationship is ! Adult in charge of Defendant's residence. ~ Manager/Clerk of place of lodging in which Defendant(s) resides(s). I Agent or person in charge of Defendant's office or usual place of business. and officer of said Defendant company. ~ Other Onthe dayof o'c,ock, M. Defendant not found because: __, County of Centre ~" Mqved ! Unknown !, No Answer !_ Vacant I Other Remarks: ~ Advance Costs ~ I Docket Service! SurC,/;~large Affidavit J Mileage ~ Postage JMisc. ~ T~talCosts ~ ~orRefund I 17. AFFIRMED and subsc;ibed to befere me this 18.~ign~r~ofDep~heriff /] ~ ~ // ~ / 19. Date ~ [ ~ / / ~ /,' -- 21. Si~ature~ Sheriff ) 22. ~ate [ ~lle~nte ~m, C~t ..... 5 ~ Amount Pd. Page My Com~ssMg ~n ~ptms ~ept, o, ~4. I ACKN~~~URN SIGNATURE 25. Date Received OF AUT~ A~T~OR]~ AND TITLE. White ~ Prothonotary Canary- Attorney FI?,DERMAN AND PHELAN, LLP By: Frank Federman, Esquire I.D. No. 12248 Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff Court of Common Pleas CUMBERLAND County vs. No.. 04-2588 CIVIL MELISSA K. FERRON, A/K/A MELISSA K. CARRION, A/K/A MELISSA K. KOSIER Defendant(s) PRAECIPE TO WITHDRAW COMPLAINTf WITHOUT PREJUDICE, AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. Date ~, ~ _ Frank Federman, !hs~uire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff