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HomeMy WebLinkAbout01-2908 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEy FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COURT OF COMMON PLEAS MANUFACTURERS AND CIVIL DIVISION TRADERS TRUST COMPANY ONE FOUNTAIN PLAZA BUFFALO, NY 14203 TERM Plaintiff v. NO. OUt DALE L. CROMER CUMBERLAND COUNTy TAMMY L. CROMER 448 NORTH PrI'T STREET CARLISLE, PA 17013 Defendant, s) AC ON-,,AW COMPLAINT IN MORTGAGE FORECLOSUre.. NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A'FFEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 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 ifyou fail Io do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUIVIBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 loan ~: 9787037 1. Plaintiff is MANUFACTURERS AND TRADERS TRUST COMPANY ONE FOUNTAIN PLAZA BUFFALO, NY 14203 2. The name(s) and last known address(es) of the Defendant(s) are: DALE L. CROMER TAMMY L. CROMER 448 NORTH PITT STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/30/89 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FARMERS TRUST COMPANY which mortgage is recorded in the Office oftbe Recorder of CUMBERLAND County, in Mortgage Book No. 957, Page 312. PLAINI'IP'I. is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 4/1/00 and each month thereai~r are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by writ~-n notice sent 1o Mortgagor, the enlire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." 6. The following amounts are due on the mortgage: Principal Balance $19,005.19 Interest 1,730.92 3/I/00 through 4/1/01 (Per Diem $4.36) Attorney's Fees 800.00 Cumulative Late Charges 143.76 10/30/89 to 4/1/01 Cost of Suit and Title Search 550.00 Subtotal $22,229.87 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $22,229.87 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event ora third paW/purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. The Combined Notice has been sent to the Defendent(s) by regular and certified mail as required by 35 P.S. § 1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 9. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiffor an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is aRached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgraent against the Defendant(s) in the sum of $22,229.87, together with interest from 4/1/01 at the rate of $4.36 per diem to the date of .ludgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/Frank Federrt~n FRANK FEDERMAN, ESQUIRE ^ttome¥ for Plaintiff ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM DAT.: JL u. 2oo FORECLOSURE TO: Dale L. Cromer Tammy L. Cromer 448 N. Pitt Street 448 N. Pitt Street Carlisle. PA 17013 Carlisle, PA 17013 THIS FIP. M 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortan~,e on your home is in default and the lender intends to foreclose. Soecific information about the nature oftbe default is orovided in the atxacbed pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice exolains how the oroeram work~ To see if HEMAP can halo. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet the Counselim, Aaencv. The name. address and ohone number of Consumer Credit Counselim, Aeencies servine your County are listed at thc end of this Notice. If you have any auestions, you may call the Pennsylvania Housina Finance A eencv toll free at 1-800-342-2397. (Persons with imoaired hearinn can call (7171 780-1869~. This Notice contains important legal information. Ifyou have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN AD JUNTO E5 DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION [NMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGO5 AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR 5U HIPOTECA. STATEMENTS OF POLICY HOMEOWNER'S NAME(S): Dale L. Cromer and Tammy L. Cromer PROPERTY ADDRESS: 448 N. Pitt Street, Carlisle, PA 17013 LOAN ACCT. NO.: 9787037 ORIGINAL LENDER: Farmers Trust Company CURRENT LENDEIVSERVICER: M&T Mortgage Corp. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (TILE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporal' stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end ofthis Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT ¢301 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMFR CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseline aeencies listed at the end of this notice the lender may NOT take action a~ainst you for thirty ¢30) days after the date ofthis nleetin~:. The namas, addresses and teleohone numbers ofdesignated consumer credit counseline a~encies for the county in which the orooert~ is located are set forth at the ~nd of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCF-Your mortgage is in a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) Ifyou have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER~ FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTiON-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision aRer it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. _ (If you have filed bankruptcy you can still apply for Emergency Mort][a~e Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT fBrin~ it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 448 N. Pitt Street, Carlisle, PA 17013 IS SERIOUSLY [N DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: 4/1/00 thru I/I/01 at $2.39.60 per month. Monthly Payments Plus Late Charges Accrued $2,407.98 NSF: $0.00 In-~pections: $0.00 Other: $0.00 (Suspense }: $0.00 Total amount to cure default S2,407.98 B. YOU :lAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not anolicablel: N/A HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS S2,407.98, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check, certified check or money order made oavable and sent to: FEDERMAN AND PHELAN, L.L.P., One Penn Center at Suburban Station, Suite 1400, 1617 John F. Kennedy Boulevard, Philadelphia, PA 19103- 1814,, Attention: Payoffs/Reinstatements Department. You can cm'e any other default by taking the following action within THIRTY (30) DAYS of the date of this le~er. ~Do not use if not anolicable.) N/A. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date ofthis Notice, the lender intends to exercise its rinhts to accelerate the mort=ann debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment oftbe total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its a~omey to stun legal action to foreclose uoon your mortaaue orooertT. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriffto pay offthe mortgage debt. If the lender refers your case to its auorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable anorney's fees that were actually incurred, up to $50.00. However. if legal proceedings are started against you, you will have to pay all reasonable a~orney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe lender, which may also include other reasonable costs. If you cure the default within the THIRTY f30} DAY oeriod, you will not be reouired to nnv a~tome¥'s fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'~ SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the rio=hr to cure the default and nrevent the sale at any time uo to one hour before the Sheriff's Sale. YQu may do ~o bv navin~z the total amount then uast due. nlus any late or other charRes then due. reasonable attorney's fees and costs cennected with the foreclosure sale and any other costs connected with the Sheriff's Sale as soccified in wrltina bv the lender and by nerformin~, any other reouirements under the morttan:¢. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SAlvE DATE-It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) MONTHS fi.om the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: FEDERblAN AND PHELAN, LLP. One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard, Philadelphia, PA 19103 Tel:(21$) 241=1'/I I Attention: Phyllis Levin, Payoffs/Reinstatements Dept. EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You may or__X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgag~ are satisfied. YOU MAY ALSO HAVE THE RIGHT: · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. · TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED. IF YOU CURE THE DEFAULT. (HOWEVER, YOU NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED Very truly yours, FEDERMAN AND PHELAN, LL.P. Attn: Carmen Otero Account No.: 9787037 Mailed by I~t Class mail/Certificate of Mailing and Certified Mail No: 7106 4575 1294 1900 7673, 7666 EXHIBIT PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CO~S~R Cg~Drr COUNSELING AG~C~S (REV. $ CLINTON COUNTy Lycom~g.clinmo Coonti~ C~m~*~ ~' CCC~ of No~h~smm PA Community Acmm (s'r~_P) 1631 Soarh Ad~e~oa SC. Sui~ 100 21.18 Lincoln Suant P.O. Box 132S S~a~ C',,n ~e. PA Williamspo~, PA 1770.t (gl4) 2~8-.166~t PAX (st14) (ST0) 326-0S~17 PAX (~70) 322..2197 CCC~ of No~hea~ant PA 20! Basin Willianupo~. PA 17703 ($70) 323-6627 PAX ($70) 323-6626 .1 ! W. lVia.-kar SUant 1400 Ainngtan ~xcuntive Park PO~t ! 127 Suisc I Wilkes-i~artc. PA I~t?02 Clarks S~it. PA 18411 ($70) 821-0837 or (800) 922-9537 ($70) 597-9163 or (800) 922-95.17 PAX (570) 82 !- 173~ FAX (~70) $87-9134-9135 Commission oo £c~oomies OManlmity of r.~,,,,.]e County 163 Amber Lane Wilkes-Ban'c. PA 18702 (S?0) 826-05 I0 or (800) ~22-0359 FAX (570) 829-i665~Cal/Be. fore Panin&) ($70) 455-4994 H~ltown fAX (5?0) 455.563 t--(Cail 9¢fl~c Paxins) ($70) 8.16-~090 Tunkhanoock Booker T. W&~hinSma Ccmcr Gtan~r Erie Community .~:tioo Commi~ee 1720 Hofland C~ater 18 West 9* ~nc. PA 16503 ~ne. PA 1650i (8i4)45.1-$744 ~AX(814)5749 (g14)459.458i FAX(Si4)4~6-0i6i lohn F X~mandy Center. [nc. Shanan~ Vaflcy Urban Leasue, Inc. 202! Hart 29. $trceE 601 Indiana Aveaue F:rlc. PA t6510 Fa~Tell. PA 16121 (8 I-t) 398-0400 (412) 981-53 i0 CCC$ of Western Petmsyivania. Inc. Finuncinl Counselin~ So-vices of F~anklin Z000 Linsiestown Road 3 i West 3d Strut - Harmburs, PA 17102 W&ynesbolo. PA i7268 (717) J4t-1757 (717) 762-.1285 Urban ~,-~Sve ot'Men'opolitan Han~sbutg YWCA of Carfiqe N. 6"' Sucet 30! '~3" $uear Hamsbur~ PA 17101 Carlisle. PA 170i3 (7t7} 234-5925 F.4.~ (717) 234-9459 (717) 243-.1818 FAX Community A,-Uon Corem of the Capi~ Resiun Adams County Housing Au~hesity 1514 [X~Ty S~:ct 1~9-143 Carlisle St. Hamsb~ PA 17104 C~ar& PA 17325 (717) 2.12-9757 FAY (717) 234. ~2227 (717) .134-1S18 PAX 334,.8326 PENNSYLVANIA BULLE'r~N, VOL. 29, NO. 23. JUNE S. 1999 ALL THAT C~R_~A .._~- ~..--~e=l&nd County, ~ennsylvan~e, bounded ..... ~-%~w- or-£orme~XM of C~arXe* C. Ylnger~ ~ence &zong e&~a ~&n~ BEG~b,~ZHG. recorded ~n the OffiCe ~ t~ ~e~o~.~n~ conve~ed un~o Glenn PREMISIS: 448 NORTH PITT STREET VERIFICATION · ' DENNIS GAWRON hereby states that he is BANKING OFFICER of MANUFACTURERS & TRADERS MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification. and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are trtie and correct to the best of his knowledge. information and belief. The undersigned tmderstands that this statement is made subject to thc penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to anthorities. SHERIFF'S RETURN - REGULAR CASE NO: 2001-02908 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUS VS CROMER DALE L ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CROMER DALE L the DEFENDANT , at 0019:00 HOURS, on the 15th day of May , 2001 at 448 NORTH PITT STREET CARLISLE, PA 17013 by handing to TAMMY L. CROMER (WIFE) a true and attested copy of COMPLAINT & NOTICE together with IN MORTGAGE FORECLOSURE and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: So Answers: Docketing 18.00 Service 3.10 ~.~~ ~ Affidavit .00 ~ Surcharge 10.00 R. Thomas Kline .00 31.10 05/16/2001 FEDERMAN & PHELAN Sworn and Subscribed to before By: ~ ~ ~ ~3x~n . me this .~.~ day of Deputy Sheriff FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff MANUFACTURERS AND TRADERS : CUMBERLAND COUNTY TRUST COMPANY : ONE FOUNTAIN PLAZA : COURT OF COMMON PLEAS BUFFALO, NY 14203 : Plaintiff : CIVIL DIVISION VS. : DALE L. CROMER : NO. 01-02908 TAMMY L. CROMER : 448 NORTH PITT STREET : CARLISLE, PA 17013 : _. Defendant(s) : : PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSF.~S_MENT OF DAMAG~ TO THE PROTHONOTARY: Kindly enter judgment~ in rem, in favor of the Plaintiff and against DALE L. CROMER and TAMMY L. CROMER Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days fi'om service thereofand for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $22,229.87 Interest 4/1/01=6/19/01 $348.80 TOTAL $22,578.67 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED._~~~ DATE: ~ ~O I PRO PRO~ **THIS FIRM IS A DEBT COLLECTOR ATrEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCy AND TIffS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A'FrEMPr TO COLLECT A DEBT, BUT ONLy ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** FEDE~'D PHEJ..d~T Frank Federman, Esquire Identification No. 12248 ATTORNEY FOR PLAINTIFF One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 MANUFACTURERS AND TRADERS : COURT OF COMMON PLEAS TRUST COMPANY Plaintiff : CIVIL DIVISION vs. : CUMBERLAND COUNTY DALE L. CROMER :NO.01-02908CIVIL TAMMY L. CROMER Defendant FII. E COPY 448 NORTH PZTT STREET CARLISLE,PA~7013 DATE OF NOTXCE: ~ 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 ~ 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. NI You are in default because you have failed enter a written appearance personally or by attorney and file in writin~ with the court your defenses or objections to the claims set forth a~ainst you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered a~ainst you without a hearin9 and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, ~o to or telephone the followin~ office to find out where you can ~et legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman,Esquire Attorney for Plaintiff FEDERMANAND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 ATTORNEY FOR PLAINTIFF One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 MANUFACTURERS AND TRADERS : COURT OF COMMON PLEAS TRUST COMPANY : CIVIL DIVISION vs. : CUMBERLAND COUNTY DALE L. CROMER TAMMY L. CROMER : NO. 01-02908 CIVIL Defendant (s) TO~ DALE L. CROMER ,,, ,o,,,., FILE COPY CARLISLE,PAl?013 DATE OF NOTICE: ~ 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 T N E YOU are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CA~LISLE, PA 17013 (717) 249-3166 Frank FederT~an, Esquire Attorney for Plaintiff SHERIFF' S RETURN - REGULAR ~ASE NO: 2001-02908 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUE VS CROMER DALE L ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CROMER DALE L the DEFENDA/qT , at 0019:00 HOURS, on the 15th day of May , 2001 at 448 NORTH PITT STREET CARLISLE, PA 17013 by handing to TAMMy L. CROMER (WIFE) a true and attested copy of COMPLAINT & NOTICE together with IN MORTGAGE FORECLOSURE and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: So Answers: Docketing 18.00 Service 3.10 .~,--~~ ~/~ Affidavit .00 ~ Surcharge 10.00 R. Thomas Kline .00 31.10 05/16/2001 FEDERMAN & PHELAN Sworn and Subscribed to before By: ~ ~ ~ me this day of Deputy Sheriff A.D. Prothonotary SHERIFF'S RETURN - REGULAR ~ASE NO: 2001-02908 p COMMON-WEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUD VS CROMER DALE L ET AL DAWN }fELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CROMER TAMMY L the DEFENDANT , at .0019:00 HOURS, on the 15th day of Fay , 2001 at 448 NORTH PITT STREET CARLISLE, PA 17013 by handing to TAMMy L. CROMER a true and attested copy of COMPLAINT & NOTICE together with MORTGAGE FORECLOSURE and at the same time directing ~er attention to the contents thereof. Sheriff.s Costs: So Answers: Docket lng 6.00 Affidavit .00 ~ Surcharge 10.00 R. Thomas Kline .00 16.00 05/16/2001 FEDERMAN & PHELAN Sw°rn and Subscribed to before By: ~ ~ ~ me this _ day of ~ ' Deputy Sheriff A.D. Prothonotary FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Peun Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 f21 S) 563-7000 Attorney for Plaintiff MANUFACTURERS AND TRADERS : CUMBERLAND COUNTY TRUST COMPANY : Court of Common Pleas Plaintiff : : CIVIL DIVISION VS. : NO. 01-02908 DALE L. CROMER TAMMY L. CROMER Defendant(s) VERIFICATION OF NON-MI!~TARY SERVI~ FRANK FEDERMAN, E~QUIRE, hereby verifies that he is attomey 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 ofthe 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 DALE L. CROMER is over 18 years of age and resides at 448 NORTH PITT STREET, CARLISLE, PA 17013. (c) that defendant TAMMY L. CROMER is over 18 years of age, and resides at 448 NORTH PITT STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN Attorney for Plaintiff (Rule of Civil Procedure No. 236 - Revised) MANUFACTURERS AND TRADERS : CUMBERLAND COUNTY TRUST COMPANY ; : Court of Common Pleas Plaintiff : : CIVIL DIVISION VS. : DALE L. CROMER : NO. 01-02908 TAMM~ L. CROMER : : : Defendant(s) : Notice is given that a Judgment in · ~=~-~_x,~. the above captioned matter has been entered against you on  EPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESOUIRE Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 **THIS FIRM IS A DEBT COLLECTOR A'I-rEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY ~, -~'* ,'~-~'~Vll'l' TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** FEDEI%WAN AND PHELAN, L. L. P. BY: FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD. STR 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MANUFACTURERS AND TRADERS : COURT OF COMMON PLEAS TRUST COMPANY CUMBERLAND COUNTY No. 01-02908 TERM, 2001 Plaintiff Vs. : DALE L. CROMER : TAMMY L. CROMER : Defendant (s) SUggESTION OF P. ECORD REz PLAINTIFF,S TO THE PROTHONOTARY: FRANK FEDERMAN, ESQUIRE, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief the plaintiff' was erroneously listed in the complaint as: MANUFACTURERs AND TRADERS TRUST COMPANY The correct name for the Plaintiff is: MANUFACTURERS AND TRADERS TRUST COMPANY, S/I/I TO FARMERS TRUST COMPANY Kindly change the information on the docket. Date, July 12, 2001 ~!.~-'~'~1~ Ffan~ Federm~n, Esquire Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) p.ILC.P. 3180-3183 : CUMBERLAND coUNTY MANUFACTURERS AND TRADERS TRUST : : No. 01-02908 cOMPANY Plaintiff, : DALE L. CROMER : TAMMY L. CROMER : Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above roarer: $22,578.67 Amount Due $626.99 and Costs Interest from 6/19/01 to 1215101 (per diem - $3.71) $23,205.66 SI~ITE 1400 i . PI~iLADELPHIA, PA 19103 Attorney for Plaintiff Note: Please attach description ofpwperty.No. MANUFACTURERS AND TRADERS TRUST : CUMBERLAND COUNTY COMPANY : Plaintiff, : No. 01-02908 DALE L. CROMER : TAMMY L. CROMER : Defendant(s). August 9, 2001 TO: DALE L. CROMER TAMMY L. CROMER 448 NORTH PITT STREET 448 NORTH PITT STREET CARLISLE, PA 17013 CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 448 NORTH PITT STREETCARLISLE, PA 17013is scheduled to be sold at the Sheriffs Sale on DECEMBER $, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by MANUFACTURERS AND TRADERS TRUST COMPANY (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the MARCH 6, 2002 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SAt I~ To prevent this Sheriffs Sale, you must take immediate action: I. 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. 2. 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 OTHEi~ RIGHTS EVEN IF 'I'HK SHERIFF'S SP, I.~. DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (21 $) 563-7000. 2. You may be able to petition the Court to set aside the sale ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the 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 (800) 990-9108 ALL THAT CERTAIN lot or piece of land situate in the Fifth Ward of the Borough of Ca?lisle, Cumberland Count'v, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by G~rrit J. Betz, Registered Surveyor, dated September 22, 1971, as follows: BEGINNING at a point on the West side of North Pitt Street, said point beina 108.6 feet South of the Southwest comer of North Pitt Street and "A" Street; thence along the W~st side of North Pitt Street South I0 degrees 30 minutes West 30 feet to a comer of premises now or formerly of Ralph McKee; thence along said premises and passing through the center of a partition wall North 79 degrees 30 minutes West 165 feet to a point on the East side of a 15 foot alley: thence aloha said alley North 10 degrees 30 minutes East 30 feet to a corner of land now or formerly of Char~es C. Yinger; thence along said land South 79 degrees 30 minutes East I(55 feet to the point and place of beginning. HAVING thereon erected a two storv frame dwelling house, known and numbered as 448 ~orth Pitt Street, Carlisle. ' . TAX PARCEL//0(5-20-1798-277. TITLI~ TO SAID PREMISES IS VESTED II~f Dale L. Cromer and Tammy L. Cromer, his wife bv Deed from Glenn E. Hockenberrv, single dat~ 10/30/89 and recorded 10/30/89 in Record Book G-' 34 Page 190. ' AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAIi~TIFF MANUFACTURERS AND TRADERS TRUST No.01-02908 COMPANY Type of Action DALE L. CROMER - Notice of Sheriff's Sale DEFENDANT(S) TAMMY L. CROMER Sale Date: DECEMBER 5, 2001 SERVE DALE L. CROMER AT 448 NORTH PITI STREET CARLISLE, PA I7013 SERVED . se~ed and made ~,o,~ - 0 ~\ ~ t,, CV-o ~'~ '"-., De,e,~nt, on th, /"F F~ ~ of ~ ~'~" ~-, ~00_~, of ?ennsylvanla, in the manner described below: .~_Defeudam personally served. Adult family member with whom Defendant(s) reside(s). Relationship is -- Adult in charge of Defendant(s)'s residence who refused to give name or relationzhlp. 'Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Det'endant(s)'s office or usual place of buziness. - an officer of said Defendant(s)'s company. Other: Description: Age ~. Height_~_ Weight .~,~0 Race ~1~,. Sex ~ Other . bein duly sworn according to law, depose and state fl~at I personally handed , ~"lg~,e ~'<.~. L, C~f,-~ ~ f~., a competent ad.~lt., g - -- ,'--~- ~,--o,,, ' sued in the ca tioned case on the date ami at thc address indicated above [ I,~m S~l ! Staoy L. H~nm'. Nota~ public Sworn to and su.b&F,rthed / ~yc_.~r~ E~. S. of ~'~{' ,200.~. I [ g/~/~O~'~--~ No~~..~: ~ By: k..T/ ~_.~-~ ~" I~.-[,' NOTSERVED On the .... gay of ,200__ at . o'clock __.m., Defendant NOT FOUND bocause: _--- Moved .... Unknown No Answer . Vacant Othe:: S~vern ~ and sub,:cribcd befor~ me this .... 6ay of .......... 200 _. Notary: By: Attorne fur Plain~ff Frank Federman, Esquire - I.D. No. lll4g One Penn Center Suburban Station, Suite 1400 Philadelphia, PA 191011 (~15) $63-70~0 · AFFIDAVIT OF SERVICE cUMBERLAND COUNTY MANUFACTURERS AND TRADERS TRUST No.01-02908 PLAINTIFF COMPANY Type of Action DALE L. CROMER - Notice of Sheriff's Sale DEFENDANT(S) TAMMY L. CROMER Sale Date: DECEMBER 5, 2001 SERVE TAMMY L. CROMER AT 448 NORTH PITT STREET cARLISLE, PA 17013 SERVED ' da of ~-~"~ b~.~, ~00j, ....... own,o /4 y - - _, o, .wea'fu of Pennsylvania, in the manner described below: Defendao' personally served. P, elationship is _hu '~b~ IJ ~ ~,) ~.~. o.. k, C.~V,~,~- ---~r-Adult family member with whom Defendam{s} reside{s}. 'Adult in charge of' Defendant($)'s residence who refused ~o give rmme or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). -Agent or person in charge off Defendnnlls)'s office or usual place of business. ' an officer of said Defendant(s)'s company. _O~ber: Description: Age ~0_ Height _(~' Weight ~00 Race 0,)~ Sex]~j~ O~ber (-:, · ~ "~g. .......... ~;.. to law d~"ose and sm~e that I personally handed l, C~~''C~°{' ~' ~' x.o ~.-"~., a competent aauit, oem§ amy sworn ~;mu~.. , .-r . the date and at true and correct copy of the Notice of ~;heriff's Sal~ in the manner as set forth hereu'., Issued m the captioned case on :h~ address indicated above. $1a°] L. H~la. SNo~ao]Pub''c Gt~r9 Bom. Fm~lln County [ beforl me tllis ~ day ¥~m~r, ~snn.~an]~¢on o~ ~ ( ~ ~ ,-. of~, 2001 I ' '" '~ "- On the ~ day of ,200~, at . o'clock __.m., Defendant NOT FOUND because; Muecd _ ~- U,koown No Answer Vacant Other: Sworn ~o and subscribed before me this _ . day of ~, 200 ._. By: Notary: Frank Fcderman, Esquire - I.D. No. 12240 One Penn Center at Suburban Station 1617 John F. Kenned~ Boulevard, Suite 1400 Philadelphia, PA 1~103--1814 (215) 563-?000 MANUFACTURERS AND TRADERS TRUST : : CUMBERLAND coUNTY cOMPANY : : COURT OF coMMON PLEAS Plaintiff, : v. : CIVIL DIVISION DALE L. CROMER : NO. 01-02908 TAMMY L. CROMER : Defendant(s)· ' AFFIDAVIT pURSUANT TO RULE 3129 (Affidavit No. 1) MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date thc Praecipe for thc Writ of Execution was filed the following information concerning the real property located at 44g NORTH PITT STREETCAPI,ISLE~ PA 17013 1. Name and address of Owner(s) or reputed Owner(s): LAST KNOWN ADDRESS (If address cannot be NAME reasonably ascertained, please so indicate.) DALE L. CROMER 448 NORTH PITT STREET CARLISLE, PA 17013 TAMMY L. CROMER 448 NORTH PITT STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: LAST KNOWN ADDRESS (If address cannot be NAME reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: LAST KNOWN ADDRESS (If address cannot be NAME reasonably ascertained, please so indicate.) None 4. Name and address of the last recorded holder of every mortgage of record: LAST KNOWN ADDRESS (If address cannot be NAME reasonably ascertained, please so indicate.) AVCO FLNANCIAL 5205 SIMPSON FERRY RD. SERVICES CONSUMER MECHANICSBURG, PA 17055 DISCOUNT CO. ONE HOUSEHOLD REALTY CORP. 25 GATEWAY DRIVE, SUITE 107 MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: LAST KNOWN ADDRESS (If address cannot be NAME reasonably ascertained, please so 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: LAST KNOWN ADDRESS (If address cannot be NAME reasonably a~r~ained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: LAST KNOWN ADDRESS (If address cannot be NAME reasonably ascertained, please so indicate.) 448 NORTH PITI' STREET Tenant/Occupant CARLISLE, PA 17013 Domestic Relations of Cumberland 13 North Hanover Street Carlisle, PA 17013 County Commonwealth of Pennsylvania PO Box 2675 Department of Welfare Harrisburg, PA 17105 I verify that the statements made in this affidavit arc lrue and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ell8 Pa. C.S. ~ ~ lANK i/E ,ESQ DATE ttomey for Plain~' FEDERMAN and PHELAN By: FRANK FEDERMAN ATTORNEY FOR PLAINTIFF Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 MANUFACTURERS AND TRADERS TRUST : cUMBERLAND COUNTY COMPANY : cOURT OF coMMON PLEAS Plaintiff, : : CIVIL DIVISION : NO. 01-0Z908 DALE L. CROMER : TAMMY L. cROMER : Defendant(s)· ' CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby venfies that he ts attorney for the Plamuff tn the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to thc penalties of 18 Pa. C.S. Section 4904 relating to unswom SALE DATE: DECEMBER 5, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY No.: 01-02908 VS. DALE L. CROMER TAMMY L. CROMER AFFIDAVIT PURSUANT TO RULE 3129,1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 40~ OF NOTICE OF Plalntiffin the above action sets forth as of the date the Praceipe for the Writ of Execution was filed the following information concerning the real property located at: 448 NORTH PITT STREET, CARLISLE, PA 17013. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Supplemental Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. December 3, 2001 · MANI~FACTURERS AND TRADERS TRUST : COMPANY : CUMBERLAND COUNTY Plaintiff, : COURT OF COMMON PLEAS : CIVIL DIVISION DALE L. CROMER : TAMMY L. CROMER : NO. 01-02908 Defendant(s). : AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Ex~ation was filed the following information concerning the real property located at 448 NORTH PITT STREETCARLISLE~ PA 17013 I. Name and address of Owner(s) or rep-ted Ow,~er(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) DALE L. CROMER 448 NORTH PITT STREET CARLISLE, PA 17013 TAMMY L. CROMER 448 NORTH PITT STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (ffaddress cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 4. .Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) AVCO FINANCIAL S205 SIMPSON FERRY RD. SERVICES CONSUMER MECH~,NICSBURG, PA 17055 DISCOUNT CO. ONE HOUSEHOLD REALTY CORP. 25 GATEWAY DRIVE, SUITE 107 MECHANICSBURG, PA 17055 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 so 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 so indicate.) None 7. Name and address of every other person 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 so indicate.) Tenant/Occupant 448 NORTH PITf STREET CARLISLE. PA 17013 Domestic Relations of Cumberland 13 North Hanover Street County Carlisle, PA 1701:3 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~S. tomey for Plainti~ DATE: August 9, 2001 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF*S SALE OF REAL PROPERTY OWNER(S) DALE L. CROMER TAMMY L. CROMER PROPERTY: 448 NORTH PITT STREET CARLISLE, PA 17013 Improvements: Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2001 at 10:00 a.m. in CumberlAnd CounBr Courthouse~ South Hanover Street~ Carlisle~ PA. Our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriffon a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. LH STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND Robert p ZJ. egler ........................................................................... Recorder of Deeds h and for mid County and State do'hereby certify that the Sheriff's Deed in which ................ Manufacturers & Traders' Trust Co .................................................................................... h the grantee the same having been sold to mid grantee on the 5th ............................................... day of .................. J~g_c_ ................. A. D., ." O1 ..... , under end by viFiue Of a writ .............. Execution 15th ................................................ issued m the ..................................... August 01 d~yef .......................... A.D., .... -~ out of the Court of Comnmn Picas ~ mid County'as d Civil Ol · 2908 . Nmnher ............... atthesmtof Manufactures and Traders Trust Co · Dale L Cromer & Tammy L Cromer ................................... against .................................................... h duly recorded In Sheriff's Deed Book No. 249 , . 4832 ............ rage ............. IN TESTIMONY WHEREOF, I have hereunto set m~d mid seal of mid office this .__/./__-~____. day ......... Manufacturers and Traders Trust Company In The Court of Common Pleas of VS Cumberland County, Pennsylvania Dale L. Cromer and Tammy L. Cromer Writ No. 2001-2908 Civil Term Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 12, 2001 at 9:30 o'clock P.M., E.D.S.T., he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Dale Cromer, by making known unto Dale Cromer personally, at 448 Noah Pitt Street, Carlisle, Pennsylvania, its contents and at the same time handing to him personally the said true attested copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 12, 2001 at 9:30 o'clock P.M., E.D.S.T., he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Tammy L. Cromer, by making known unto Dale Cromer, adult in charge, at 448 Noah Pitt Street, Carlisle, Pennsylvania, its contents and at the same time handing to him personally the said true attested copy ofthe same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on Oct. 01, 2001 at 8:36 A.M., E.D.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Dale L. Cromer and Tammy L. Cromer, located at 448 North Pitt Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to one of the within named defendants to wit: Dale L. Cromer, by regular mail to his last known address, 448 North Pitt Street, Carlisle, PA 17013. This letter was mailed under the date of October 2, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to one of the within named defendants to wit: Tammy L. Cromer, by regular mail to her last known address, 448 North Pitt Street, Carlisle, PA 17013. This letter was mailed under the date of October 2, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on December 5, 2001 at 10:00 A.M., EST. He sold the same for thc sum orS1.00 to Attorney Frank Federman for Manufacturers and Traders Trust Company. It being the highest bid and best price received for the same Manufacturers and Traders Trust Company of One Fountain Plaza, Buffalo, NY 14203, being the buyer in this execution paid SheriffR. Thomas Kline the sum of $703.83, it being costs. Sheriff's Costs: Docketing $30.00 Poundage 13.80 Advertising 15.00 Posting Bills 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 6.50 Certified Mail 1.48 Levy 15.00 Surcharge 30.00 Postpone Sale Law Journal 251.45 Patriot News 206.94 Share of Bills 25.66 Distribution of Proceeds 25.00 Sheriff's Deed 26.50 $703.83 Swom.nd,ubsc~bed to before me so~_w~: ",,is ,,,,, ~ day o,-C.L~..;:. · g. Thomas Kline, Sheriff 2002, A.D., (,~ PrOthOnotary Real Estate Deputy MANUFACTURERS AND TRADERS TRUST : COMPANY : CUMBERLAND COUNTY : Plaintiff, : COURT OF COMMON PLEAS Vo : : CIVIL DMSION DALE L. CROMER : TAMMY L. CROMER : NO. 01-02908 : Defendant(s). : AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 448 NORTH PITT STREETCARLISLE~ PA 17013 I. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot ~ ~ :; ,..... reasonably ascertained please so indicate.) DALE L. CROMER 448 NORTH PITT STREET '~_; i~ -- " CARLISLE, PA 17013 '~?' ' .... ' ' TAMMY L. CROMER 448 NORTH PITT STREET '~* ~'.... .., CARLISLE, PA 17013 -< 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment ct~xlitor whose judgraent is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) AVCO FINANCIAL $205 SllVIPSON FERRY RD. SERVICES CONSUMER MECHANICSBURG, PA 17055 DISCOUNT CO. ONE HOUSEHOLD REALTY CORP. 25 GATEWAY DRIVE, SUITE 107 MECHANICSBURG, PA 17055 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 so indicate.) None 6. Name and address of every other person who has any record interest in the proper~y and whose interest may be affeoted by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person 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 so indicate.) Tenant/Occupant 448 NORTH PITT STREET CARLISLE, PA 17013 Domestic Relations of Cumberland 13 North Hanover Street County 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 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. ~ [~a~q-K FEI2~ERM~, ESQUIRE DATE tome), for Phin~ MANUFACTURERS AND TRADERS TRUST : CUMBERLAND COUNTY COMPANY : Plaintiff, : No. 01-02908 DALE L. CROMER : TAMMY L. CROMER : ~ ~"~ '" Defendant(s). -x~ c~ '. TO: DALE L. CROMER TAMMY L. CROMER ~. c:.? . 448 NORTH PITT STREET 448 NORTH PITT STREET ~,'~ --" '-' CARLISLE, PA 17013 CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR A I i v_.~.~r['['Nfi TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 448 NORTH PITT STREETCARLISLE, PA 17013is scheduled to be sold at the Sheriffs Sale on DECEMBER ~, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by MANUFACTURERS AND TRADERS TRUST COMPANY (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the MARCH 6, 2002 Sheriff's Sale. NOTICE OF OWNEWS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE TO prevent this Sheriffs Sale, you must take immediate action: I. 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) ~6~-7000. 2. 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. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. nl-~qnR CIVIL ~ ~TV'IT. COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF ~-nh~-l~,~-t COUNTY: TO satisfy the debt, interest and costs due MAnufactures and Trarl~_~s Trust ~ PLAINTIFF(S) f~m Dale L. C~u,~r & T=,,,,f L. C~u,er ; 448 North Pitt Street, c~l~-!e, PA 17013 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell (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 lo notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any properly of the defendant(e) or other#lee disposing thereof; (3) If Pr°partY of the defendant(s) not levied upon an subject to attachment is found in the possession of anyona other than a named gamishee, you are directedto notify him~her that he/she has been added as a garnishee and is enjoined as above slated. Amount Due 22,578.68 L.L. .50¢ f£u. 6-19-01 to 12-5-01 (per dim $3.71) Interesl $-~?-.99 ~--~?- --'-cc-tn Due Prothy 1.0o Atty's Comm % Other Costs Affy Paid llq.]0 Plaintiff Paid Date: A,,?,~+ 1=,: ~'~0'1 Orr'H. R_ r~ng Prothonotary, Civil Divisbn REQUESTING PAR~: Na~ ~ F~. ~mSs: ~e ~ ~ner at ~,~n Stat~; ~ite 1400 AEorney for: ~,~{~ Telep~ne: _ 215-562-7000 Sup~ CouN iD No. 12248 REAL ESTATE SALE No. I~ Ull Sept. zz, 2ooz thestmriffls¥isdupOlltlmaslsfl(lanL~, interest in the ~1 p~ situ~ed in 8o~o~9h o~ C.~s~e ~m~nd ~n~, Pa., known and num~m:~ c.;~.~, and mom fully described on ~ "A" fl~ ~h this walt and by this rMemnce incorporat~ hs~fl. qate: s".~- ~z, ~oo~ By: ~ ~ - R~al Estate Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patdot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published In their regular daily and/or Sunday/ Metre editions which appeared on the 23rd and 30th day(s) of October and the 6th day(s) of November 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriof-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds In and for oald County of DaJJp, hin In ~liscellaneous Book 'M', Volume 14, Page 317. / PUBLICATION .......................... ~Z...~.....~.(i ...................................................... COPY e ......... ...... ,4 o,,ha~.ll~irf before me this 19th day/of November 2001 A.D. BALE #14 / I NO~RY PUBLIC ~lladm M.mlm', I~ A.a~a~aa ~t Nmamlly commission expires June 6, 2002 IMi& ,~e. CUMBERLAND COUNTY SHERIFFS OFFICE ... __D~/iR~II~/im CUMBERI. AND ~ COUPE ~ALL~ .1~.~ ...(:~T..'~I~ IF ~ Fi=e ot taddu~ CARLISLE, PA. 17013 "mB rum W~d ~ lbs Bi.ouch m~ ~Bid~L c-~,~c...e~,~,~ Statement of Advertising Coats .th~ m~e b~ C~ J. S~, ~ TO THE PATRIOT-NEWS CO., Dr. ~_"n~,?.d=dSq~a.~22,1971, as~)Uow~: For publishing the notice or publication attached e.So d ~=~m bei~ Z~.~ ~ ~ud~ m' hereto on the above stated dates $ 205.44 c=~r~Todtl~usae~,qd-/~- Probating same Notary Fee(s) $ 1.50 s~a s~oa Io ~ ~o minim v,~a ~o r~ Total $ 206.94 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of ~and - , newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : Roger M. Morgenthal, 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: October 12, 19, 26, 2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Joumal, 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. Writ No. 2001-2908 Clvll /t,,~d'~....~..-.~.. Manufacturers and R~ger M. Morgenthal, Editor Traders Trust Company Dale L. Cromer and SWORN TO AND SUBSCRIBED before me this Tammy L, Cromer 26 day Aity.: Frank Federman ALL THAT CERTAIN lot or piece of land situate In the Flfl:h Ward of County, Peunsylvanla, bounded and deseribed in accordance with a aur. ~. vey and plan thereof made by Oemt ] ]g0T~ I J. Betz, Registered Surveyor, dated /0 ................ ..... September 22. 1971. as follows: ~$fi{~{~.~r0, .,. ............ BEGINNING at a point on the point being 108.6 feet South of the Southwest corner of North Pitt Street and 'A' Street; thence along South 10 degrees 30 minutes West 30 feet to a corner of pren~ses now