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HomeMy WebLinkAbout02-0250FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (2T s) s6 -?ooo CWIL DWISION CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 CHAD H. STEPHENS ROBYN E. STEPHENS 2244 NEWVILLE ROAD CARLISLE, PA 17013-9443 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS TERM CUMBERLAND COUNTY Defendant(s) CIVIl. ACTION - L4W COMPI,AINT 1N MORTGAGE FORECI,O,RITRE 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 1S NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 1503658924 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiffis CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 The name(s) and last known address(es) of the Defendant(s) are: CHAD H. STEPHENS ROBYN E. STEPHENS 2244 NEWVILLE ROAD CARLISLE, PA 17013-9443 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 9/29/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to EQUITY ONE, INCORPORATED which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1575, Page 827. By Assignment of Mortgage recorded 11/10/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 630, Page 184. 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 9/1/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. o The following amounts are due on the mortgage: Principal Balance Interest 8/1/01 through 1/1/02 (Per Diem $16.09) Attorney's Fees Cumulative Late Charges 9/29/99 to 1/1/02 Cost of Suit and Title Search Subtotal $102,111.56 2,477.86 1,250.00 405.96 55O O0 $106,795.38 Escrow Credit 0.00 Deficit 0.00 Subtotal £ 0 00 TOTAL $106,795.38 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $106,795.38, together with interest from 1/1/02 at the rate of $16.09 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. /s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ALL lhst certain treat of land w~h the intprovements thereon *** ~ - ' situate in west ~vs~..~ 'l'ownship, Cumbettand County, ponnsylvanla' bounded .ed described as BEGINNING at a point in the centedine of lira Slate Highway from CeriSe Newvllle (knowrt aa N ewville Road, Pa. Route No. 641), n~ the interaaolion oflhe centefline of Townsh. ip Road No. T~..,.2; thence along the latter, South 11 degrees 04 minutes 20 seconds East, a distance of 175.98 feet to a point on the line of land now or formedy of Brenerd FL Paulus and Mi~am A. Paulus, his wife; thanus along the latter, South 85 d .egrees West, a d~ of 233.45 feet to an iron pin; lhmlee alone the same' N°rth 05 degrees West, a ¢,~=nce of 175 feet to a point in the cented~ of saki State Highway;, thence along the latter North 85 degre~ East, a _._db~mce ot'214.84 feet to a point at the Intemection of the cantedbm of Township Road No. T-442, the Place of BEGINNING, HAVING erected thereon a dwelling known as 2244 Newvilla Road, Cad~e, Pennsyk, anla 17013. BEING lite same premises ~ BRENARD H. PAULUS and MIRIAM A. PAULUS, Ids wife, orarttad and conveyed to MERLE RAYMOND HUMMEL and MARIETTA VIRGIL HUMMEL (also known as MARIETTA V. HUMMEL), his wife, by deed dated June 13, 1963, and recorded In the Ofr~ce of the RecoVer of Deeds for Cumberland County, Pennsylvania, In Deed Book'W', Volume 20, Page 420. The said Merle Raymond Humme~ died on December 7, t997, thereby vesting full trde in Marietta first made her last will and testament wherein the provided aa &;orasaid. VERIFICATION RYAN L. REITMAJER hereby states that she is ASSISTANT SECRETARY of CHASE MANHATTAN 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 tree and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: RYAN L. R~i~ ASSISTANT 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) s63-7000 CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff, V. CHAD H. STEPIIENS ROBYN E. STEPHENS Defendant(s). NO. .. .. : .. _. : PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION 02-250 CIVIL TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against CHAD H. STEPHENS and ROBYN E. STEPHENS, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 1/2/02 to 3/21/02 TOTAL $106,795.38 $1,271.11 $108,066.49 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 FEDERMANAND PHELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA' 19103-1799 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff CHAD H. STEPHENS ROBYN E. STEPHENS Defendant ROBYN E. STEPHENS 2244 NEWVILLE ROAD CARLISLE,PA 17013-9443 DATE ATTORNEY FOR PLAINTIFF -: COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO.02-250 CIVIL OF NOTICE: FEBRUARY 29,2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objecti6ns 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. Ybu 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: CUMBER~LAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Feder,~n, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 PhiIadelphia, PA19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE MANHATTAN MORTGAGE CORPOP~ATION Plaintiff vs. CHAD H. STEPHENS ROBYN E. STEPHENS : NO. COURT OF COMMON PLEAS CIVIL DIVISION CLrMBERLAND COUNTY 02-250 CIVIL De fendant ( s ) TO: CHAD H. STEPFk~NS 2244 NEWVILLE ROAD CARLISLE,PA 17013-9443 DATE OF NOTICE: FEBRUARY 29,2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed 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 l~wyer 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 CARLISLE, PA 17013 (717) 249-3166 Attorney for Plaintiff SHERIFF'S RETURN - REGULAR · CASE NO: 2002-00250 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE ~/qHATTAN MORTGAGE CORP VS STEPHENS CHAD H ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STEPHENS CHAD H the DEFkNDANT , at 1512:00 HOURS, on the 29th day of January at 2244 NEWVILLE ROAD CARLISLE, PA 17013 by handing to ROBYN E. STEPHENS, WIFE , 2002 a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 34.21 Sworn and Subscribed to before me this day of A.D. ? SO Answers: R. Thomas Kline 01/30/2002 FEDERMAN & PHELAN ~~ By: ~ Deputy Sheriff Prothonotary SHERIFF' S RETURN - REGULAR · CASE NO: 2002-00250 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MJLNTL~.TT~_~ MORTGAGE CORP VS STEPHENS CHAD H ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STEPHENS ROBYN E the DEFENDANT at 2244 NEWVILLE ROAD , at 1512:00 HOURS, on the 29th day of January CARLISLE, PA 17013 by handing to ROBYN E. STEPHENS a true and attested copy of COMPLAINT - MORT FORE together with , 2002 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 01/30/2002 Deputy Sheriff Prothonotary PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, V. CHAD H. STEPHENS ROBYN E. STEPHENS Defendant(s). No. 02-250 CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 3/22/02 to (per diem -$17.76) TOTAL $108,066.49 $2,965.92 and Costs FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. DESCRIPTION ALL TH,,~T CERTAIN tract of land with the improvements thereon situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded arid described as follows: BEGINNING at a point in the centerline of the State Highway from Carlisle to Newville (known as Newville Road, PA Route No. 641), at the intersection of the centerline of Township Road No. T-442; thence along the latter, 'South 11 degrees 04 minutes 20 seconds East, a distance of 175.98 feet to a point on the line of land now or formerly of Bernard H. Paulus and Miriam A. Paulus, his wife; thence along the latter, South 85 degrees West, a distance of 233.45 feet to an iron pin; thence along the same, North 05 degrees West, a distance of 175 feet to a point in the centerline of said State Higlaway; thence along the latter North 85 degrees East, a distance of 214.84 feet to a point at the intersection of the centerline of Township Road No. T-442, the place of beginning. HAVING erected thereon a dwelling known as 2244 Newville Road, Carlisle, pennsylvania 17013. Tax Parcel #18-1404-003 TITLE TO SAID PREMISES IS VESTED IN Chad H. Stephens~and R01~yll E. Stephens_ his wife by Deed from Joyce S. Krug and Teresa A. Hin2man, Executrices of the estate of Marietta V. Hummel, deceased dated 9/29/1999, recorded 10/8/1999, in Record Book 209, Page 595. FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE Plaintiff, V. CHAD H. STEPHENS ROBYN E. STEPHENS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-250 CIVIL VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant CHAD H. STEPHENS is over 18 years of age and resides at, 2244 NEWVILLE ROAD, CARLISLE, PA 17013. (c) that defendant ROBYN E. STEPHENS is over 18 years of age, and resides at, 2244 NEWVILLE ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, V. CHAD H. STEPHENS ROBYN E. STEPI:IENS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-250 CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION Vo Plaintiff, CHAD H. STEPHENS ROBYN E. STEPHENS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-250 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~2244 NEWVILLE ROAD~ CARLISLE~ PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHAD H. STEPHENS ROBYNE. STEPHENS 2244 NEWVILLE ROAD CARLISLE, PA 17013 2244 NEWVILLE ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Nalne COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY Last Known Address (if address cannot be reasonably ascertained, please indicate) 6TM FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWERS P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 THIRTEENTH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 2244 NEWVILLE ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and beliefi I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 21, 2002 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, V. CI-t~ H. STEPHENS ROBYN E. STEPI't~NS Defendant(s). TO: CHAD H. STEPHENS ROBYN E. STEPHENS 2244 NEWVILLE ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY No. 02-250 CIVIL March 21, 2002 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND 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 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 ~ 2244 NEWVILLE ROAD, CARLISLE~ PA 17013, is scheduled to be sold at the Sheriff's Sale on 9/4/02 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court jud~nent of $108,066.49 obtained by CHASE MANHATTAN MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIff'S SALE DOES TAKE PLACE. 1. If the Sheriff'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 Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which Was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon situate in West Penn.~boro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at' a point in the centerline of the State Highway from Carlisle to Newville (known as Newville Road. PA Route No. 641), at the intersection of the centerline of Township Road No. T-442; thence along the latter, 'South 11 degrees 04 minutes 20 seconds East, a distance of 175.98 feet to a point on the line of land now or formerly of Bernard H. Pa~ and Miriam A. Paulus, his wife; thence along the latter, South 85 degrees West, a distance of 233.45 feet to an iron pin: thence along the same, North 05 degxees West, a distance of 175 feet to a point in the centerLine of said State Hi,way; thence along the latter North 85 degrees East, a distance of 214.84 feet to a point at the intersection of the centerline of Township Road No. T-442, the place of beginning. HAVING erected thereon a dwelling known as 2244 Newville Road, Carlisle, Pennsylvania 17013. Tax Parcel #18-1404-003 TITLE TO SAID PREMISES IS VESTED IN Chad H. Stephens_and Robvn E. Stephens. his wife by Deed from Joyce S. Krug and Teresa A. Hin:maan, Executrices of the estate of Marietta V. Hummel, deceased dated 9/29/1999, recorded 10/8/1999, in Record Book 209, Page 595. FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION CHAD H. STEPHENS ROBYN E. STEPHENS ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO.02-250 CIVIL CUMBERLAND COUNTY AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURqlIANT TO P.R.C.P-: 4fl4(2)/403 FRANK FEDERMAN, ESQUIRE, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriffs Sale was made by sending a tree and correct copy by certified mail to Defendant, CHAD & ROBYN STEPHENS at 2244 NEWVILLE ROAD, CARLISLE,PA 17013 which notice of Sheriffs Sale was received by Defendant, CHAD H. STEPHENS & ROBYN E. STEPHENS on 3/26/02 as evidenced by the attached return receipt. The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. s 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF April 22, 2002 fl,Ln 3~B], q~q 'fl~ 31~? 3. Service Type CERTIFIED MAIL 4. Restricted DetiverY? (Extra Fee) '~Ye$ 1. Art~e Addressed to: CHAD STEPHENS 2244 NEWVILLE ROAD CARLISLE, PA 17013 SALES PS I~0~ 38il, July 200~ Y-JvlD ROBYN E. STEPHENS 2244 NEWVILLE ROAD CARLISLE, PA 17013 SALES Domestic Return Receipt Chase Manhattan Mortgage Corporation VS Chad H. Stephens and Robyn E. Stephens In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-250 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Mileage 6.90 Levy 15.00 Share of Bills 25.20 Poundage 2.17 $110.77 paid by attorney 07/10/02 Sworn and subscribed to before me This ,)/.** day of 2002, A.D.~p~.~.~f Prothonotary So Answers: Thomas Kline, Sl~eriff Real Esttite Deputy Chase Mvsanhattan Mortgage Corporation Chad H. Stephens an In The Court of Co Roby~ E. Stephens d CUmbeHand r~_ mmon Plea Writ No. 2,~,~°unty, Pennsvl,, ~'vz~250 Civil T~~ R Thomas Klme, Shenf~ Who b?ng duly SWo~ according to law, sta~ is retu~e~ STAYED ~ursu~t to instmctions ~om Atto~ey Fra~ Fede~. Sheriffs Costs: Docketing Surch~ge 30. O0 Law Libr~y 30.00 Pro~onot~ Mileage .50 Levy 1.00 6.90 ~hare of Bills 15.~ $110.77 Paid by atto~ey 07/10/02 Swo~ ~d SUbsc~bed to before ~e This ~ day oF~ So ~S~ers. - · ~ ~, 'k.'Thomas Kline, SgeHFf R~I~ Chase Manhattan Mortgage Corporation VS Chad H. Stephens and Robyn E. Stephens In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-250 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Mileage 6.90 Levy 15.00 Share of Bills 25.20 Poundage 2.17 $110.77 paid by attorney 07/10/02 Sworn and subscribed to before me So Answers: This .2/,~o~ day of ~ --~'~. ~ ~'~"/~ d 'R~ Thomas Kline, Sl~eriff Prothonotary Real Est~ite Deputy