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HomeMy WebLinkAbout05-1208 PHELAN HALLINAN & SCHMIEG, LLP 'LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id, No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHASE HOME FINANCE LLC, SIBIM TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS,OH 43219 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. DS -/J6f> C;uJ,..T~( CUMBERLAND COUNTY v. GEORGE B. TEMPLETON 8 CAROL LANE ENOLA,PA 17025 Defendant 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 MAYBE 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#: 113131 File #: 113131 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 WAfT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME, FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is CHASE HOME FINANCE LLC, SIB/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRNE COLUMBUS,OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: GEORGE B. TEMPLETON 8 CAROL LANE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 02/23/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1856, Page: 890. 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 11101/2004 and each month thereafter are due and unpaid, and by the tenus 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#: IUD} 6. The following amounts are due on the mortgage: Principal Balance Interest 10/01/2004 through 03/07/2005 (Per Diem $21.59) Attorney's Fees Cumulative Late Charges 02/23/2004 to 03/07/2005 Cost of Suit and Title Search Subtotal $134,118.57 3,411.22 1,225.00 159.84 $ 550.00 $ 139,464.63 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0.00 TOTAL $ 139,464.63 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 of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. 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. 9. 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 $ 139,464.63, together with interest from 03/07/2005 at the rate of $21.59 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. PHELAN HALLINAN & SCHMIEG, LLP 7/_ /' ~ . ~ .f: ~'------ By: /sIFTancis S. Hal1inan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 113131 ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania. bounded and described as follows, to wit: BEGINNING at a point in the southeast comer of Carol Lane and Sharon Road; thence eastwardly along the southern line of Sharon Road 135 feet to a point in the western Une of Lot No. 2. on the hereinafter mentioned Plan of Lots; theooe southwardly along the western line of Lot No_ 2, 90.03 feet to a point in the northern line of Lot No. 24; thence westwanlly along the northern line of Lot No. 24,135 feet to a point in the eastern line of Carol Lane; thence northwardly along the eastern line of Carol Lane, 90.03 feet to a point, the place of BEGINNING. BEING all of Lot #1 in Plan of Penn Heigblll as recorded in the Office of the Recorder of Deeds in Cumbedand County Plan Book 6, Pag:e 28. BEING KNOWN AS 8 Carol Lane, Enola, PA. VERIFICATION HEATHER R. BOGAN hereby states that he/she is ASSIST ANT SECRETARY of CHASE HOME FINANCE LLC :SUL:C1:':SSOR BY MERGER \~lTH CHASE MANHATTAN: MOR TGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his /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. W~OJ1/ HEATHERR. BOGAN ASSISTANT SECRETARY DATE: s - ~ ils r::> .(.q.. ~Tl !rt ~ -1::: B - - \" -- ~ -J - ..c: II") ~ ?=- ~ 1- (') ,..., 0 = S7~ C,,"-":) -11 0" ;e:" ',?..,., +ut)' ::r. ~,~'\! ;;." rf\ ~~:::: ?::J -c,FD ;?- I ~t)9 (Ii OJ t r<. :::;:?\~"?, ~\"~~ -n ~r; ;~ r..;,. -^,',,. ':t;."" 1'-' ;); -..{ ,~~ :2 ........ <.J:) .,......,:;. - --- SHERIFF'S RETURN ~ REGULAR CASE NO: 2005-01208 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC ET AL VS TEMPLETON GEORGE B CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn accordin to law, says, the within COMPLAINT - MORT FORE TEMPLETON GEORGE B was served upon DEFENDANT , at 1146:00 HOURS, on the 21st day of March at 8 CAROL LANE ENOLA, PA 17025 PAUL DANKOWSKY, RENTER by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE he , 2005 togethe with and at the same time directing His attention to the contents t ereof. Additional Comments PER DANKOWSKY, TENANT, TEMPLETON'S ADDRESS IS 77 BROADMOOR CIRCLE ORMOND BEACH FL 32174. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 11.10 .00 10.00 .00 39.10 So Answers: --~~ C2.~.,?" ~./ /.4.. '1'" .....;,ir""~."'v~-.,~'>"(::..",~<- ~ R. Thomas Kline 03/22/2005 PHELAN HALLINAN SCHMIEG me this Sworn and Subscribed to before By: of .~~ PHELAN HALLINAN & SCHMIEG, L.L.P, By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BLVD" SIDTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE HOME FINANCE LLC, SIB/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-1208 CIVIL TERM GEORGE B. TEMPLETON Defendant(s), PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against GEORGE B. TEMPLETON and, 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 3/8/05 to 6/21/05 TOTAL $139,464.63 $2,288.54 $141,753.17 I hereby certify that (I) 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. ~lJ,J~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~ DATE: .... )U.AJ9 {L..4,.--!:&' } 7) . PRO PROTHY PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (71 S) SIi~_7000 CHASE HOME FINANCE LLC, SIBIM TO CHASE MANHATIAN MORTGAGE CORPORATION ATTORNEYFORPLAINTWF : COURT OF COMMON PLEAS : CNIL DIVISION Plaintiff : CUMBERLAND COUNTY Vs. : NO. 05-1208 CIVIL TERM GEORGE B. TEMPLETON Defendants TO: GEORGE B, TEMPLETON 5 HA VENWOOD TRAIL ORMOND BEACH, FL 32174 DATE OF NOTICE: M,\, V 25.2005 THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT. TIllS NOTICE IS SENf TO YOU IN AN ATIEMPT TO COLLECT TIlE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.W 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 ENFORCEMENf OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HA VE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTII AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS N01:ICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITII INFORMATION ABOUT AGENCIES TIlA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 ~ ;~'\ ~{t,1.(,;4 d. J/rdjl~ FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff J PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY 3415 VISION DRIVE COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-1208 CIVIL TERM GEORGE B. TEMPLETON Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, 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 ofthe Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant GEORGE B. TEMPLETON is over 18 years of age and resides at , 5 HA VENWOOD TRAIL, ORMOND BEACH, FL 32174 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~J!-1~ DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff C G'l ~ 7J -:-CJ ,..., ~ = 0 #- C~'5 -n ~ 8 C.J' --l S -~ n,:D 13 ,- F ........ -rdTl f'- p::! ", ~:~~ ~~l (.oJ CI1 ~ ,,,,-,,. -,-- '. ~ ~ -...? ;~~~i ~:!I ~~ <.,.;-n ':J --..... ~...{) --..'t c--' f"'_'" ~7J r.) -< ~ r---- (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-1208 CIVIL TERM GEORGE B. TEMPLETON Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ... Lu J~ ~ 200.S'. ~o~~ {?7f~. DEPUTY If you have any questions concerning this matter, please contact: ~~Jj~~ DANIEL G. SCHMIEG, E QUlRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, 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. ** (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CHASE HOME FINANCE LLC, SIB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, v. No. 05-1208 CML TERM GEORGE B. TEMPLETON Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $141,753.17 Interest from 6/21/05 to DECEMBER 7, 2005 (per diem -$23.30) $3,937.70 and Costs TOTAL $145,690.87 tJ~JfJ~ DANIEL G. SCHMIEG, Es.(1uIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale, .- , "'" r-- ... M ..., ti == u < f;I;l = Q Z 0 ...~ 0 Z ~ O~ 0 0 Eo<f;I;l .... ..s "';;.. 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VJ Cl'- !Jj a-: <) 'W. 1;,.: ........ fT) lJj ...... ~ r6 '-J ....... b;- DESC~pnON ALL THAT CERTAIN piece or paroel of land sit$te in East Pennsboro Township, Cumberland County, Pennsylvania, bouruled and dcsl:rlbed as follows, to wit: BEGINNING at a point in the southeast corner of Carol Lane and Sharon Road; thence eastwadly along the southern line of Sharon Road 135 reet toa point in the western line of Lot No. 2 on tbe hereinafter mentioned Plan of Lots; thence southwardly along the western line of Lot No.2, 90.03 feet to a point in the northern line of Lot No. 24; thenee westwardly along the nortbem line of Lot No. 24, 135 feet to a point in the eastern line of Carol Lane; thence nor1ltwardly along the eastern line of Carol Lane, 90.03 feet to a point, the place of BEGINNING BEING all of Lot #1 in Plan of Penn Heightsa. recorded in the Office of the Recorder of Deeds in Cumberland County Plan Book 6, page 28. BEING known as 8 Carol Lane, Enola, P A BEING Parcel Number: 09-14-0835-050 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN George B. Templeton by Deed from George B. Templeton and Carolyn D. Templeton, formerly known as Carolyn D, Foust, his wife, dated 8-{i-Q2 and recorded 8-20-Q2, in Deed Book 253, Page 3344. PREMISES BEING: 8 CAROL LANE, ENOLA, P A 17025 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1208 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC, S/BIM TO CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff (8) From GEORGE B. TEMPLETON (I) You are directed to levy upon the property of the defendant (8)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $141,753,17 L.L. $,50 Interest FROM 6/21/05 TO 1217105 (PER DIEM - $23.30) - $3,937.70 AND COSTS Atty's Corom % Due Prothy $1.00 Atty Paid $121.10 Other Costs Plaintiff Paid Date: JUNE 23, 2005 CURTIS R. LONG (Seal) prothon~ ~ ~: t2/>. (? P y/?/2LL r--. - Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PffiLADELPffiA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION GEORGE B. TEMPLETON NO. 05-1208 CIVIL TERM Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, 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: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~JLi~ DANIEL G. SCHMIEG, E DIRE Attorney for Plaintiff ....., = c;;;:) <;;J'I C> -n --i FA:!] , -Dill ~;-~ CI ::; (~; '.-r", ) ~:!- :~~ r~:~ ,tl r"-> (,) '!? f''' r...) CHASE HOME FINANCE LLC, SIB/M TO CHASE MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION GEORGE B. TEMPLETON NO. 05-1208 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) CHASE HOME FINANCE LLC. SIB/M TO CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 .8 CAROL LANE. ENOLA. P A 17025 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GEORGE B. TEMPLETON 5 HA VENWOOD TRAIL ORMOND BEACH, FL 32174 2. Name and address ofDefendant(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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COLUMBIA NATIONAL INC. P.O. BOX 3050 COLUMBIA, MD 21045-6050 MEMBERS 1 ST FEDERAL CREDIT UNION 5000 LOUISE DRIVE MECHANICSBURG, P A 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 indicate) None 6, Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 8 CAROL LANE ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 21. 2005 DATE 'fJ~ JLJ~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff p ", => C:') C..f"1 o .'fl -< :1:" r,.,.~. , "IT] i~~ ,.;~5~\~ :.:.;:.-1 ~> :J.~) -< ", G.., ::-'~ '0 r.,) N , , CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY No. 05-1208 CIVIL TERM v. GEORGE B. TEMPLETON Defendant(s). June 21,2005 TO: GEORGE B. TEMPLETON 5 HA VENWOOD TRAIL ORMOND BEACH, FL 32174 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION 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 , 8 CAROL LANE, ENOLA, P A 17025, is scheduled to be sold at the Sheriffs Sale on DECEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of$141,753.17 obtained by CHASE HOME FINANCE LLC, S/BfM TO 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: 1. 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 OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5, You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6, You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 DESCRIPTION ALL 11IA T CERTAIN piece or poreel of land silqate in East PellllsOOro Township, Cumberland County, Pennsylvania, bounded DDCl descn'bed as fpllows, to wil: BEGINNING at a point in the southeast comer of Carol Lane and Sharon Road; thence eastwadIy along the smrtbem line of Sharon Rood 135 feet loa painlin thewestm\ line of Lot No. 2 on Ibe bereinafter mentioned Plan of Lots: thence south~y along \be western line of Lot No.2, 90.03 fcello a point in the llOI1IIem line ofLat No. 24; thence westwllrdly along the n\lflhern line of Lot No. 24,135 feet to a point in the eastern line of Carol Lane; thence northwardly along the eastern line of Caroll.ane, 90,03 feet 10 a paint. the place ofBEGINNJNO BEING all oflAt #1 in Plan ofPenn Helgbts as recorded in the Office of the Recorder of Deeds in Cumberland County Plan Book 6, page 2g. BEING known as 8 Carol Lane. Enola, PA BEING Parcel Number: 09-14-0835-050 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN George B. Templeton by Deed from George B. Templeton and Carolyn D, Templeton, formerly known as Carolyn D, Foust, his wife, dated 8~-O2 and recotded 8-20-02, in Deed Book 253. Page 3344, PREMISES BEING: 8 CAROL LANE, ENOLA, P A 17025 . ...., = c-.;:::. C~ L_ ~::-~ o -n --< ::r:-n r1'i':::::' en CJ C) !'-, (...J tD r..) r-.v Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 'ctr,r: ."' ,,"'f-, ;: .1...i"'~'_"_"':"IV 1"'\1"" TLW' l.i '~ I! "'~':"!'-'~!~-"':'i'.': \}\- \, iL., .;; --'......:'\" '~t: Ur-.r'~ ._ l/ p" ;,\ ;"" " , _. : ,. .. .. j' \.~;:" ~j ~,," <:', SfNDER'- FUR F:E.ASCiN ::.nUi:i: 2[ J_ 18 F" lO ...."... c~ ":'''-:''iU ," ~~. ,I I V' i 'PE~~NS\'L/;.,,1\J:,~ GEORCE B TEMPLETON 5 HA VENWOOD TRAIL ORMOND BEACH, FL 32174 01;- /;(0/ It" Ill, "W",...ll"ll, ..11 ." II" ,I, I "II, Lt" r Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, P A 17013 TI ,,.... ,~",,'\'-',~'< I_,~(,:,~,,JI.L.. OF : j'-:t. ~~''''",-'''''-:.'r "?<i: n}F.:N ._ h" r" i\..,.... r .. ~.'I \...:- c." ..J ,; SENGER' FuR Rf~SWN o r':" 'c. ~"i t' I'1rpr 10 l"!. (..' L,U L.. J_' --' CU;;;~~r\u ,_ ,_.,:,..-',,1'1 PENNS\~ii,N:A GEORCE R TEMPLETON 5 HA VENWOOD TRAIL ORMOND BEACH, FL 32174 O~- /':<01 1."IIl",IIl"",.II"II."II.,./I",/,!,,!I,I,I..J PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CHASE HOME FINANCE LLC, SlBfM TO CHASE MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY COIJRT OF COMMON PLEAS Plaintiff CIVIL DIVISION v, NO, 05-1208 CIVIL TERM GEORGE B. TEMPLETON Defendant MOTION FOR SERVICE OF NOTICE: OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, petitions this Honorable Court for an Order directing service oCthe Notice of Sale upon the above-captioned Defendant, GEOGRE B. TEMPLETON ,by certified mail and regular mail to 8 CAROL LANE, ENOLA, P A 17025 and 5 HA VENWOOD TRAIL, ORMOND BEACH, FL 32174, and in support thereof avers the following: 1. A Sheriff's Sale of the mortgaged property involved herein has been scheduled for DECEMBER 7, 2005. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriff's Sale at least thirty (30) days prior to the scheduled sale date, 3. Attempts to serve Defendant with the Notice of Sale have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". WHEREFORE, Plaintiffrespectfully requests that the allowance of service of the Notice of Sale in accordance with Pa,R,C.P., Rule 430 by certified and regular mail to 8 CAROL LANE, ENOLA, P A 17025 and 5 HA VENWOOD TRAIL, ORMOND BEACH, FL 32174, PHELAN HALLINAN & By: ~ PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION CU]\t[BERLAND COUNTY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. NO., 05-1208 CIVIL TERM GEORGE B, TEMPLETON Defendant PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure, Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P" Rule 3129.2 (c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (I) Service of the Notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402 (a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy of the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in the subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, GEOGRJE B. TEMPLETON , are unknown, a reasonable investigation oftheir last known address was made in accordance with Pa.R.C.P.430(a), Pennsylvania Rule of Civil Procedure, Rule 430 (a) provides as follows: (a) If service cannot be made under the applieable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent ofthe investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriffs Return or Affidavit of Service of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales '1s.Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address. Adoption of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (I) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C,F,R. Part 265, (2) inquiries ofrelatives, neighbors, friends and employers ofthe defendant and (3) examinations oflocal telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the attached Affidavit ofRetum of Service, marked hereto as Exhibit "A", the Process Server has been unable to serve the Notice of Sale, A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". AFFIDAVIT OF SERVICE PLAINTIFF CHASE HOME FINANCE LLC. SIB/M TO CHASE MANHATTAN MORTGAGE CORPORATION COUNTY CUMBERLAND DEFENDANT GEORGE B, TEMPLETON ACCT.#1l79~ COURT NO.: 05-1208 CIVIL TERM SERVE GEORGE B. TEMPLETON AT: 8 CAROL LANE ENOLA. P A 17025 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: DECEMBER 7, 2005 SERVED Served and made known to at _ Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place oflodging in which Defendant(s) reside(s). _ Agent or person in charge ofDefendanes office or usual place of business. an officer of said Defendant's company. , Defendant, on the _ day of , 200_, at_, o'clock _' M., , Conunonwealth of Pennsylvania, in the manner described below: Other: Description: Age Height Weight Race Sex Other !, , a competent adult, being duly swom according to law, depose and state that ! personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Swom to and subscribed before me this _ day of ,200_. Notary: By: On theJJ Pday of rs:;\'f - I Moved Unknown NOT SERVED .- 9,0:5 , 200..; , at-'- o'clock f M., Defendant NOT FOUND because: No Answer tVacant..!- w;....,~~"":-.:...~: Other: Swom to and su~,"ribed --s: \ ~ before me this sf-day of -.) 7 ,200~. Notary:~ 1/f~ B, ~t~C(} NOTARIAL IlEAL UJC\U.EH.CARTY.~ air :=':Nov.1= ATTORNEY FOR PLAINTIFF DANu.;L (j.lSCHM1J<.;ti, 1!:,s{JUIKt.; I.D.#6220S One Penn Center at Suburban Station 17 John F. Kennedy Blvd'l Suite 1400 i1adelphia, PA 19103-1814 t5) 563,7000 AFFIDAViT OF SERVICE PLAINTIFF CHASE HOME FINANCE LLC, SIBIM TO CHASE MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY SMC No, 05-1208 CIVIL TERM ACCT, #1179070263 DEFENDANT(S) GEORGE B. TEMPLETON SERVE GEORGE B. TEMPLETON AT 5 HA VENWOOD TRAIL ORMOND BEACH, FL 32174 llype of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 7, 2005 SERVED Served and made known to , Defendant, on the day of .200_, at , o'clock _.m., at , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place ofJodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age_ Height_ Weight_ Race Sex Other I, . a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this _ day of ,200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the /I day of /i<.J I..., ,200 S', at 10:3 II o'clock a..m., Defendant NOT FOUND because: Moved _ Unknown + No Answer 151 Attempt: 6 / ). 7 / OS Time: 7:S 0 PM 3rd Attempt: (; / !}.'( / O,{ Time: S' ::10 ff') Vacant 2nd Attempt:. 6 / J. ~ / oS Time: ;.: S.s' PM Sworn to and subscribed before me this ~ day .L I of ~L1 ,200,.2. \T"- /l(t * ~Tu;<.1 Notary: ~~ By: f--l r;x..- I /~ Attornev for Plaintiff /]~/J -~/ Daniel G, Schmieg, Esquire - J.D. No, 62205 ~/ e.. ~ [,// ",~*.!:'f~9;", David L Whitton f.f"b,"f;, MY COMMISSION # DD095211 EXPIRES ,,,.Jll!ki.i February 25, 2006 ';.,;..>;.....<!'~~ BONOW1HRUTROYfAININSURANCE,INC. "'.In"i;\" FORECLOSURE REVIEW SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION FHLMC SKIP TRACE File Number: 113131 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: George Templeton Current Address: 8 Carol Lane, Enola, P A 17025 Property Address: 8 Carol Lane, Enola, PA 17025 Mailing Address: 8 Carol Lane, Enola, PA 17025 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the wherE~abouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct George Templeton -163-48-2419 B. EMPLOYMENT SEARCH George Templeton - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that George Templeton reside(s) at: 8 Carol Lane, Enola, PA 17025. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that George Templeton reside(s) at: 8 Carol Lane, Enola, PA 17025. On 4/27/05 our office attempted to make a telephone call to the subject's phone number, however the phone number was unpublished. III. INQUIRY OF NEIGHBORS Using our White Pages data base our office was unable to locate any neighbors within ten houses of 8 Carol Lane, Enola, P A 17025. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 4/27/05 we reviewed the National Address database and found the following information: George Templeton- 8 Caroll Lane, Enola, PA 17025. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: 5 Havenwood Trail, Ormond Beach, FL 32174 and 77 Broadmoor Circle, Ormond Beach, FL 33174. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the P A Department of Motor Vehicles, we were unable to obtain address information on George Templeton. VI. OTHER INQUIRIES A. DEATH RECORDS As of 4/27/05 Vital Records and all public databases have no death record on file for George Templeton. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for George Templeton residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH George Templeton - 5/1957 * All accessible public databases have been check,~d and cross-referenced for the above named individual(s), * Please be advised all database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, ][ am subject to punishment. I herby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. See. 4904 relating to unsworn falsification to authorities. ~~M ,~7~~ COMMONWEALrH OF PE1'JN3YLVANIA ,.,-.--....-.- AFFIANT - Brendan Booth Foreclosure Review Services, Inc, N:)Tl',.F,,':;:. S:'::P.L Ry.\r,! F Ct,'_I.::'i, r:J:e'Jj Pub[ic Ory D' Pi:i,~j'-:e';:};i'a, Pi-,:',), County t.'1' Co~~:~:~s!on E.>pir~~.p8c~~~2r 21,2008 Sworn to and subscribed before me this 27th day of April 2005. The above information is obtained from available public records and we are only liable for the cost of the affidavit. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to 8 CAROL LANE, ENOLA, P A 17025 and 5 HA VENWOOD TRAIL, ORMOND BEACH, FL 32174. Respectfully submitted, PHELAN {\"INAN & S By: j DAJ'lIE G. C lEG, QUIRE Attorney for Plaintiff VERIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take the verification and that the statements made in the foregoing Motion for Service of Notice of Sale pursuant to Special Order of Court are true and correct to the best ofhis knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authorif s. Date: August 4. 2005 PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CHASE HOME FINANCE LLC. S/B/M TO CHASE MANHATTAN MORTGAGE CORPORA nON CUJ\1BERLAND COUNTY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. NO.. 05-1208 CIVIL TERM GEORGE B, TEMPLETON Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Verification in the above captioned matter was s(mt by first class mail, postage prepaid to the following interested parties on the date indicated below, GEORGE B. TEMPLETON 8 CAROL LANE ENOLA, PA 17025 and 5 HA VENWOOD TRAIL ORMOND BEACH, FL 32174 ~" ie , Esqui e Attorney for Plaintiff Date: August 4. 2005 Phelan Hallinan & Schmieg;, LLP Suite 1400 One Penn Center Plaza Philadelphia, PA 19103-1814 Phone (215) 563-7000 Fax (215) 563-5534 Paul M. Boccuti, Legal Assistant Sales Department Representing Lenders in Pennsylvania and New Jersey GEORGE B, TEMPLETON 8 CAROL LANE ENOLA, P A 17025 and 5 HA VENWOOD TRAIL ORMOND BEACH, FL 32174 Re: CHASE HOME FINANCE LLC, SIBIM TO CHASE MANHATTAN MORTGAGE CORPORATION vs. GEORGE B. TEMPLETON No. 05-1208 CIVIL TERM Premises: 8 CAROL LANE, ENOLA, P A 17025 Dear Sir/Madam: Enclosed please find Plaintiffs Motion for Service of Notice of Sale Pursuant to Special Order of Court and proposed Order. Very truly yours, By: ~o-u1fV1. 6~' Paul M. Boccuti n ~,',. '..' c.: 7' ~:~ .-<. ,..., = a ~ 1-n m- -0 Hi -u9 ~~ GB ~rn S )> ~ (-= G) c:> "'" 3' w c;r. PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CHASE HOME FINANCE LLC, SlBtM TO CHASE MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. NO. 05-1208 CIVIL TERM GEORGE B. TEMPLETON Defendant MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, GEORGE B. TEMPLETON ,by certified mail and regular mail to 8 CAROL LANE, ENOLA, PA 17025 and 5 HA VENWOOD TRAIL, ORMOND BEACH, FL 32174, and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for DECEMBER 7, 2005. 2. Pennsylvania Rule of Civil Procedure (Pa.R. C,P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant with the Notice of Sale have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". 4, Pursuant to Pa.R.C,P, 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice ofSa1e in accordance with Pa,R.C.P., Rule 430 by certified and regular mail to 8 CAROL LANE, ENOLA, PA 17025 and 5 HA VENWOOD TRAIL, ORMOND BEACH, FL 32174, By: PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103.1814 (215) 563.7000 Attorney for Plaintiff CHASE HOME FINANCE LLC, SIB/M TO CHASE MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. NO. 05-1208 CIVIL TERM GEORGE B. TEMPLETON Defendant CERTIFICATE OF SERVICE 1 hereby certify that a true and correct copy of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Verification in the above captioned matter was sent by first class mail, postage prepaid to the following interested parties on the date indicated below. GEORGE B. TEMPLETON 8 CAROL LANE ENOLA, PA 17025 and 5 HA VENWOOD TRAIL ORMOND BEACH, FL 32174 Date: August 16. 2005 (') c :;:,- ~F' " ,;;:-...... '6 ~~~j ;:-- -~ --< !'-.> = = <.n :r~ c: C) <'., en (') .." :r m:!) \jf-n :PC? ~1c) ,:l:: :'f; ,,)(''5 ~~S rrl -, 2> .J;] -< :~ -'""' Cf: T'0 (...':) PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CHASE HOME FINANCE LLC, SIB/M TO CHASE MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. NO. 05-1208 CIVIL TERM GEORGE B. TEMPLETON Defendant MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, GEORGE B. TEMPLETON , by certified mail and regular mail to 8 CAROL LANE, ENOLA, P A 17025 and 5 HA VENWOOD TRAIL, ORMOND BEACH, FL 32174, and in support thereof avers the following: I. A Sheriff s Sale of the mortgaged property involved herein has been scheduled for DECEMBER 7, 2005. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant with the Notice of Sale have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". 4. Pursuant to Pa.R.c.p. 430, Plaintiffhas made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C,P., Rule 430 by certified and regular mail to 8 CAROL LANE, ENOLA, PA 17025 and 5 HAVENWOOD TRAIL, ORMOND BEACH, FL 32174. PHELAN J QUIRE By: PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. NO. 05-1208 CIVIL TERM GEORGE B. TEMPLETON Defendant CERTIFICATE OF SERVICE I hereby certifY that a true and correct copy of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Verification in the above captioned matter was sent by first class mail, postage prepaid to the following interested parties on the date indicated below. GEORGE B. TEMPLETON 8 CAROL LANE ENOLA, P A 17025 and 5 HA VENWOOD TRAIL ORMOND BEACH, FL 32174 Date: August 16.2005 a l"-> 0 = c = -n ",.~. <..n "J .'-~ :r'" 'J:!.." m I' e:: m~' c-, -o;"n 1'0 CDy (.Ii <:~~ fl.) \--' , ~~~ :.>, -1'" 1~~:~i -'- '? -..t =< ,,~ ?:S (..,""! -< 'C=>~ L- - PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. NO, 05-1208 CIVIL TERM GEORGE B. TEMPLETON Defendant PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure, Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises, Specifically, Pa.R.C.P., Rule 3129.2 (c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist ofthe handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the Notice shall be made: (i) upon a defendant.. , (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402 (a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy of the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in the subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, GEOGRE B, TEMPLETON , are unknown, a reasonable investigation of their last known address was made in accordance with Pa.R.C.P.430(a). Pennsylvania Rule of Civil Procedure, Rule 430 (a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service, The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriffs Return or Affidavit of Service of "not found" or the fact that a defendant has moved without leaving a new fOIwarding address is insufficient evidence of concealment. Gonzales vs.Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address. Adoption of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (I) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C,F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers ofthe defendant and (3) examinations oflocal telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the attached Affidavit ofRetum of Service, marked hereto as Exhibit "A", the Process Server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts ofthe Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". AFFIDAVIT OF SERVICE PLAINTIFF CHASE HOME FINANCE LLC. SIBIM TO CHASE MANHATTAN MORTGAGE CORPORATION COUNTY CUMBERLAND ACCT. #117907026", DEFENDANT GEORGE B. TEMPLETON COURT NO.: 05-1208 CIVIL TERM SERVE GEORGE B, TEMPLETON AT: 8 CAROL LANE ENOLA. PA 17025 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: DECEMBER 7. 2005 SERVED Served and made known to at _ Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendanes residence who refused to give name or relationship. _ Manager/Clerk of place oflodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. . Defendant, on the _ day of , 200_, at _, o'clock _' M.. ,Commonwealth of Pennsylvania, in the mann,r described below: Other: Description: Age Height Weight Race Sex Other I, , a competent adult, being duly sworn according to law, d'pose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this _ day of ,200_. Notary: By: On the.3) Pday of ---s:; \'{ - I Moved Unknown ~ NOT SERVED ..- glO.J , 20().j, at --'--- o'clock f. M.. Defendant NO: FOUJ:ID because: " _I W'" \ ..."....,...~, No Answer A Vacant o:::t' I ....."\j Other: Sworn to and SU~JCribed --s:; \ - beforemethis ft-dayof "1 ,200~. Notary:~ ~~ 0, ~~C(} NO'1MIAL SEAL UJCLLEH.CARTY.~ air ==':"1~ ATTORNEY FOR PLAINTIFF DANI~L G. SCHMII<.;(J, I!;SVUIKI<.: I.D.#62205 One Penn Center at Suburban Station 17 John F. Kennedy Blvd., Suite 1400 i1adelphia, PA t9103-1814 15)563-7000 AFFIDAViT OF SERVICE PLAINTIFF CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHA TT AN MORTGAGE CORPORATION CUMBERLAND COUNTY SMC No. 05-1208 CIVIL TERM ACCT. #1179070263 DEFENDANT(S) GEORGE B. TEMPLETON SERVE GEORGE B. TEMPLETON AT 5 HA VENWOOD TRAIL ORMOND BEACH, FL 32174 Type of Action .. Notice of Sheriff's Sale Sale Date: DECEMBER 7, 2005 SERVED Served and made known to , Defendant, on the day of ,200_, at , o'clock _.m., at , Commonwealth of Pennsylvania, in the manner descrihed helow: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or rehtionship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age_ Height _ Weight _ Race Sex Other I, . a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this _ day of ,200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the 1/ day of ,\0/7 .200,,[, at IO:jo o'clock&.m., Defendant NOT FOUND because: Moved _ Unknown -+- No Answer Vacant 1 sl Attempt: G I J. 7 I OS Time: 7:S' (/ PM 3rd Attempt: 6 / fJ8 I 0,\ Time: ,,\ :.10 rf? 2nd Attempt:. 6 /,).~ I oS Time: :- :Ss'Pf1 Sworn to and subscribed before me this ~ day L I of ~L~ ,200,2. \T'- /)(/ ;/- 1U12{WI Notary: ~~ By: r-I (.Xor (" Attornev for Plaintiff /7~"'l AJ Daniel G, Schmieg, Esquire - J.D. No, 62205 ~/2'~ ~.. L / ,,/ ",~~~:'fi~;;'" David L Whitton !;1"b."~;, MY COMMISSION' DD095211 EXPIRES \ei.JII!k.;;.j feb,uory 25, 2006 "'1.Z'" ..-:r~~ BONDED THRU TROY fAIN INSURANCE, IHe '".r;f"f,"..' FORECLOSURE REVIEW SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION FHLMC SKIP TRACE File Number: 113131 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: George Templeton Current Address: 8 Carol Lane, Enola, PA 17025 Property Address: 8 Carol Lane, Enola, PA 17025 Mailing Address: 8 Carol Lane, Enola, PA 17025 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMA nON A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct George Templeton -163-48-2419 B. EMPLOYMENT SEARCH George Templeton - A review of the credit reportinl~ agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that George Templeton reside(s) at: 8 Carol Lane, Enola, PA 17025. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that George Templeton reside(s) at: 8 Carol Lane, Enola, PA 17025. On 4/27/05 our office attempted to make a telephone call to the subject's phone number, however the phone number was unpublished. III. INQUIRY OF NEIGHBORS Using our White Pages data base our office was unable to locate any neighbors within ten houses of 8 Carol Lane, Enola, P A 1702!i. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 4/27/05 we reviewed the National Address database and found the following information: George Templeton- 8 Carol Lane, Enola, PA 17025. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: 5 Havenwood Trail, Ormond Beach, FL 32174 and 77' Broadmoor Circle, Ormond Beach, FL 33174. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the P A Department of Motor Vehicles, we were unable to obtain address information on George Templeton. VI. OTHER INQUIRIES A. DEATH RECORDS As of 4/27/05 Vital Records and all public databases have no death record on file for George Templeton. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for George Templeton residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH George Templeton - 5/1957 . All accessible public databases have been checked and cross-referenced for the above named individual(s). . Please be advised all database information indicates the subject resides at the current address, I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I herby verify that the statements made herein are l-rue and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. ~~~ AFFIANT - Brendan Booth Foreclosure Review Services, Inc. r-zL. 7}(/.~ (L-cf-- .- OA. COMMONWL-:.AI:-Lf:l_<?,F P~::"'IN3YLVANIA ~~OTiJ.:\,~;i. S:-:AL RVt,'J..J 'cr! \ ",; ~,1,"~'\' I'U b"c . ' "';, .~., ,"_' .'1, ".:':=</ ,I C:!y (~Plj:CJS,;),;:3, [-h:',J, County .,!!J CO~~,~~~~lon c:,:pires C,')c~mb9r 21 ,200B Sworn to and subscribed before me this 27'h day of April 2005. The above information is obtained from availablE' public records and we are only liable for the cost of the affidavit. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to 8 CAROL LANE, ENOLA, P A 17025 and 5 HA VENWOOD TRAIL, ORMOND BEACH, FL 32174, Respectfull.y submitted, PHELAi,\",AN & S HMIEG, LLP By: ,j DANIE G, C IEG, QUIRE Attorney for Plaintiff VERIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take the verification and that the statements made in the foregoing Motion for Service of Notice of Sale pursuant to Special Order of Court are true and correct to the best of his knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authorif s. Date: August 4. 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CHASE HOME FINANCE LLC, S/BIM TO CHASE MANHATTAN MORTGAGE CORPORATION CIVIL DIVISION Plaintiff NO. 05-1208 CIVIL TERM v. GEORGE B. TEMPLETON Defendant ORDER AND NOW, this '30. day of &rfll> v ,2005, upon consideration of Plaintiffs Motion for Service of Notice of Sale Pursuant to Special Order of Court and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above-captioned Defendant, GEORGE B. TEMPLETON by mailing a true and correct copy of the Notice ofSa1e by certified mail and regular mail to 8 CAROL LANE, ENOLA, P A 17025 and 5 HA VENWOOD TRAIL, ORMOND BEACH, FL 32174. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit of service. BV;;E7U;L J. }.: ~ gj P ~ i:x~ ) - c::.. 04, (':) V,- ci .s '(')' :.s-::) ~'!:; .1: ..;;;.:.;.. . ~~? ~ti: o:iE ~ >. :~ <::) C0 ,-" ':::> <:c U'> (~ = <"" ~> "3 U - PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL SCHMIEG, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE HOME FINANCE LLC, S/BIM TO CHASE MANHATTAN MORTGAGE CORPORATION ATTORNEY FORPLAlNTIFF COURT OF COMMON PLEAS CNIL DIVISION CUMBERLAND COUNTY No.: 05-1208 CIVIL TERM vs. GEORGE B, TEMPLETON AFFIDAVIT I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to GEORGE B. TEMPLETON on 9/16/05 at 8 CAROL LANE, ENOLA, PA 17025 and 5 HA VENWOOD TRAIL, ORMOND BEACH, FL 32174 in accordance with the Order of Court dated 8/30/05. The undersigned understands that this statement is made subject to the penalties of 18 PA C.s. s 4904 relating to unsworn falsification to authorities. P~Yf,~~ DANIEL G. SCHMIEG, ESQ Date: September 20. 2005 PC :;.t: q q, -' ~~ -0\:):\ -;lv 'C) 0 :,~~~. :\~, (~~ '1:' 1-E r--) :4 C1' Cl S"~;:, .....' C;:> "'" CJ' <fJ Cd ('oJ <:r' Chase Home Finance LLC, slb/m to Chase Manhattan Mortgage Corporation VS George B. Templeton In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-1208 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice of Sheriffs Sale and Description in the following manner: The Sheriff mailed by certified mail, return receipt requested, restricted delivery, deliver to addressee only, a true and correct copy of the within action to the within named defendant, to wit George B. Templeton, at his last known address of 5 Havenwood Trail, Ormond Beach, FL 32174. This letter was mailed on September 8, 2005. The unopened letter was returned to the Sheriffs Office on September 26,2005 with reason marked "Unclaimed, Refused." R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing Poundage Advertising Levy Surcharge Certified Mail Law Library Prothonotary Share of Bills Law Journal 30.00 6.72 15.00 15.00 20.00 4.42 .50 1.00 20.89 229.00 $342.53 Sworn and subscribed to before me 2005, A.D. ?~~~ R. Thomas Kline, Sheriff By,J~S~~ Real Esta Sergeant ,SD \, 0/.5136'-1 / {t<u> /1VJj \ . . CHASE HOME FINANCE LLC, SIBIM TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT Q}' COMMON PLEAS v. CIVIL DIVISION GEORGE B. TEMPLETON NO. 05-1208 CIVIL TERM Defendant(s). AFFlDA VIT PURSUANT TO RULE 3129 (Affidavit No. I) CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHA TT AN MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,8 CAROL LANE, ENOLA. P A 17025 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GEORGE B. TEMPLETON 5 HA VENWOOD TRAIL ORMOND BEACH, FL 32174 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 f property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None # l 4. Name and address oflast recorded holder of every mortgage ofrecord: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COLUMBIA NATIONAL INC. P.O. BOX 3050 COLUMBIA, MD 21045-6050 MEMBERS 1ST FEDERAL CREDIT UNION 5000 LOUISE DRIVE 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 indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 8 CAROL LANE ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 21. 2005 DATE ~~ JjJ~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff " CHASE HOME FINANCE LLC, SIBIM TO CHASE MANHATTAN MORTGAGE CORPORA nON Plaintiff, CUMBERLAND COUNTY No. 05-1208 CIVIL TERM v, GEORGE B. TEMPLETON Defendant(s). June 21, 200S TO: GEORGE B. TEMPLETON 5 HA VENWOOD TRAIL ORMOND BEACH, FL 32174 **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 A TTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at , 8 CAROL LANE, ENOLA, P A 17025, is scheduled to be sold at the Sheriffs Sale on DECEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of$141,753.17 obtained by CHASE HOME FINANCE LLC, S/B/M TO 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: 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 OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the 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, IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 '. DESCmPTlON ALL TIlA T CERTAIN piece or parcel of land sitqate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southeast corner of Carol Lane and Sharon Road; thence eastwadly along the southern line of Sharon Road 135 feet to a point in the western line of Lot No.2 on the hereinafter mentioned Plan of Lots; thence southW1ltdly along the western line of Lot No.2, 90.03 feet to a point in the northern line of Lot No. 24; thence westwardly along the nortbem line of Lot No. 24, 135 feet to a point in the eastern line of Carol Lane; thence northwardly along the eastern line of Carol Lane, 90.03 feet to a point, the place of BEGINNING BEING all of Lot #1 in Plan ofPCTUl Heights as recorded in the Office ofthe Recorder of Deeds in Cumberland County Plan Book 6, page 28. BEING known as 8 Carol Lane, Enola, PA BEING Parcel Number: 09-14-0835-050 RECORD OWNER TITLE TO SAID PREMlSES IS VESTED IN George B. Templeton by Deed from George B. Templeton and Carolyn D, Templeton, formerly known as Carolyn D. Foust, his wife, dated 8-6-Q2 and recorded 8.20,02, in Deed Book 253, Page 3344. PREMISES BEING: 8 CAROL LANE, ENOLA, P A ] 7025 I L WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1208 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC, SIB/M TO CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff (s) From GEORGE B. TEMPLETON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $141,753,17 L. L. $.50 Interest FROM 6/21/05 TO 1217105 (PER DIEM - $23,30) - $3,937.70 AND COSTS Ally's Corum % Due Prothy $1.00 Ally Paid $121.10 Plaintiff Paid Other Costs Date: JUNE 23, 2005 CURTIS R. LONG (Seal) Prothonotary '-.By .0tO/J-1 f2~ 2. 7pOl/?/f. r Deputy REQUESTING PARTY: Name DANIEL G, SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 S I::iMJ c:v:u ~ G=E: GV1J Real Estate Sale #40 On September 07,2005 the Sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, P A Known and numbered as 8 Carol Lane, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 07,2005 By: ,v()c&~th Real Estat~ Sergeant I S :b V b l Nf1f ~QQl \/d 'AJ.i: ;-..; ,.J' .:HitJJHS :{ll,O .3Ji-i.:JW , . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz ,D].~ /~ 021" ~t)t16 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~, "jl I" 'j ) c ,', l -~_ \J Lisa Marie Coyne, kditor .I SWORN TO AND SUBSCRIBED before me this c2./ dayof ~ ~O.s- , ~:<4~~ i i',i,) i ....i\l '".. -:;,,:;r-',_ ~ W U)i~, f.. Si',ry'Dh'~, ~\~m2i"-1 I)i,.'[--" Sa~i!~;:~: i~\!'~'.::. l)pl~bmhnn r.;- .' '::l~,S:(i~'; ",.)-"-" .- "." '.' REAL ESTATE SALE NO. 40 Writ No. 2005-1208 Civil Chase Home Finance LLC. sJb/m to Chase Manhattan Mortgage Corp. VS. George B. Templeton Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County. Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southeast comer of Carol Lane and Sharon Road; thence eastwadly along the southern line of Sharon Road 135 feet to a point in the west- ern line of Lot No.2 on the herein- after mentioned Plan of Lots; thence southwardly along the western Hne of Lot No.2. 90.03 feet to a point in the northern line of Lot No. 24: thence westwardly along the north- ern line of Lot No. 24. 135 feet to a point in the eastern line of Carol Lane: thence northwardly along the eastern line of Carol Lane, 90,03 feet to a point. the place of BEGIN- NING. BEING all of Lot # 1 in Plan of Penn Heights as recorded in the Office of the Recorder of Deeds in Cumberland County Plan Book 6. page 28. BEING known as 8 Carol Lane, Enola. PA. BEING Parcel Number: 09-14- 0835-050. RECORD OWNER TITLE TO SAlD PREMISES IS VESTED IN George B. Templeton by Deed from George B. Templeton and Carolyn D. Templeton. formerly known as Carolyn D. Faust, his wife. dated 8-6-02 and recorded 8-20-02. iI1 Deed Book 253, Page 3344. PREMISES BEING: 8 CAROL LANE. ENOLA. PA 17025. t' , (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, v. No. 05-1208 CIVIL TERM GEORGE B. TEMPLETON Defendant(s), TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $141,753.17 Interest from 6/21/05 to MARCH 8, 2006 (per diem -$23.30) $6,058.00 and Costs TOTAL $147,811.17 Attorney Fees and Costs $2,136.18 << "n .~/ o~ ,;J~ A-A, DANIEL G. SCHMIEG, ES One Penn Center at Suburban Station 1617 JohnF. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. z < 0 ....... 0 .... oz ""'~ ""' ",< E~ ;:i <> z U ~"'" ~" 0 [;;J'E' ""'~ "'"", ""' '" ;l ~'" ~ Zz "0:: ... 0 uOz 0] o~ ""'::;0 ~ ::;~ "'" .... ::; ""' .. ::;;..< ~~""' ~ E2~ U ~ ,;, ""' ~~ o~ ... = ~~o ~ ~ u;:i ~ "'0 ~==~ ~ 0"1:: Ou ... 0 "'zo ~6 ~~ ~<U 0 ;:i~ ::;::; ~ e: 0", " U 8sa =='" ~ ~< ~~ "'== === ~u ""'::; ~;:i U U [;;; ~ - ::- ~ - ~ - ~ - -:"::J 'J.J .. --d~ ~ -~..~ ~ .:: ~ :::- ~ ~ - '('-0 I I i '() I 0 () (} M "r ;:~-: () f; Go () <:I - ~. ,.. c Cl - 1-' ti . . -!l lL ~ 0'"" nr (}-1Il .-, ::r- t'- .~ ....... '- ~ N) rry ~ '0 ~ ;() '<:I --.: ~ " -i::i <l) ~ '~ .... r- ... N ~ "'" ... :i ~ '" = ~ Z o ~ o ...r ~ <- ""' ~ o o ~ z ~ < == ~ "" <l) C; <l) <Il <l) ..0 ~ S <Il <Il ~ "" -< <Il ... <l) It P- <l) i) ..0 ~ ~ '() <:-- ~ :::r it if c.J ex. G2 -9 --- t'-- --- ~ ~ Jl + 'J 3 j 4: c:{J ~ ~ r . DE~PTlON ALL TIIA T CERTAIN piece or paNel of land sitl.1ate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southeast comer of Carol Lane and Sharon Road; thence eastwadly along lbe southern line of Sharon Road 135 feet toa point in the western line of Lot No, 2 on lbe hereinafter menlioned Pian of Lots; thence routhWllfdly along the western line of Lot No.2, 90.03 feet to a point in the northern line of Lot No. 24; thence woslWllfdly along the northern line of Lot No. 24, 135 feet to a point in the eastern line of Carol Lane; thence northwardly along the eastern line of Carol Lane, 90.03 feel to apainl, the place of BEGINNING BEING all of Lot #1 in PIan of Penn Heights as recorded in the Office of the Recorder of Deeds in Cumberland County Plan Book 6, page 28. BEING known as 8 Carol Lane, Eoola, PA BEING Parcel Number: IJ9..14.()835.()50 RECORD OWNER mLE TO SAID PREMlSES IS VESTED IN George B. Templeton by Deed from George B. Templeton and Carolyn D. Templeton, formerly known as Carolyn D. Foust, his wife, dated 8.{j'()2 and recotded 8-20'()2, in Deed Book 253, Page 3344. PREMISES BEING: 8 CAROL LANE, ENOLA, P A 17025 WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1208 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff (s) From GEORGE B. TEMPLETON (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION, (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnisbee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that be/she has been added as a garnishee and is enjoined as above stated. Amount Due $141,753.17 LL Interest FROM 6/21/05 TO 3/8/06 (PER DIEM - $23.30) -- $6,058.00 AND COSTS Atty's Corom % $2,136.18 Due Prothy $1.00 Atty Paid $476.13 Other Costs Plaintiff Paid (Seal) ~,1 ~~~9fJ By: Date: DECEMBER 6, 2005 Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No, 62205 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, S/BIM TO CHASE MANHATTAN MORTGAGE CORPORATION CIVIL DIVISION Plaintiff NO. 05-1208 CIVIL TERM v. GEORGE B. TEMPLETON Defendant ORDER AND NOW, this 36;;' day of C~dJ- ,2005, upon consideration of Plaintiffs Motion for Service of Notice of Sale Pursuant to Special Order of Court and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above-captioned Defendant, GEORGE B. TEMPLETON by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to 8 CAROL LANE, ENOLA, PAl 7025 and 5 HA VENWOOD TRAIL, ORMOND BEACH, FL 32174. Service ofthe aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit of service. BY THE COURT: hi -jd!J.<<~ C jJ( >,-j I I J. TRU~ ,...,..... ,'''-' :,........ RrC^n.... ~ ~~J, , I '.<.In,"t! . 'Uf1I.I IIIT-....~.,..",.,l ' ~.."".) "":v .':. . (,Vt Ul1tQ set my Itind and tIit _ at ~.J ,oJ,m. r:t (.;.uilsle Pa. r~ J'o '" ~"1 f/ ') / ., c,J. 'J < . "-l~~,: ,~' = Prothonotary (38291 [Order of Dismissal] UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION In reo Case No. 3:05-bk-I0306-GLP Chapter 13 George Brian Templeton Deht0l1S) / ORDER OF mSMISSAI. Pursuant to II u,s,c. ~ 1307, it is ORDERED as follows: I. This case is dismissed, 2. The automatic slay imposed by 11 U.S.C. ~ 362 and the slay ofaetion against codebtor imposed by 11 U.S.C. ~ 1301 are lifted, ,"I Dated October .H', 2005 . Copies furnished to: All Interested Parties . .. CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION GEORGE B. TEMPLETON NO. 05-1208 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 .8 CAROL LANE. ENOLA, PAl 7025 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GEORGE B. TEMPLETON 5 HA VENWOOD TRAIL ORMOND BEACH, FL 32174 2, Name and address ofDefendant(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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None . . 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COLUMBIA NATIONAL INC. P.O. BOX 3050 COLUMBIA, MD 21045-6050 MEMBERS 1 ST FEDERAL CREDIT UNION 5000 LOUISE DRIVE MECHANICSBURG, PA 17055 S, Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 8 CAROL LANE ENOLA, P A 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are 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 ofl8 Pa, C.S. Sec, 4904 relating to unsworn falsification to authorities. December 2. 200S DATE 'ff~ JL1~ DANIEL G. SCHMIEG, ES~UIRE Attorney for Plaintiff ~,_ l Cl " \--. ;1; \L> PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION GEORGE B. TEMPLETON NO. 05-1208 CIVIL TERM Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, 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: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. !J~ JJ ~ DANIEL G. SCHMIEG, ES Attorney for Plaintiff ~:~~' , , -=-1"01 Co,;' ,,';" (): ',,',:,'_J - f , CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY No. 05-1208 CIVIL TERM v. GEORGE B. TEMPLETON Defendant(s). December 2, 2005 TO: GEORGE B. TEMPLETON 5 HA VENWOOD TRAIL ORMOND BEACH, FL 32174 * *THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION 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. 8 CAROL LANE. ENOLA, PA 17025. is scheduled to be sold at the Sheriff's Sale on MARCH 8. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$141,753.17 obtained by CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa,R,C.P" Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. 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 OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. Ifthe Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2, You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only ifthe buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you, 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff, It mav not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 I , DFA~ON ALL TIIAT CERTAIN piece orpaNel ofIand sitqate in East Penn. barD Township, Cumberland County, Pennsylvania, bounded and described as fbltows, to wit: BEGINNING at a point in the southeast corner of Carol Lane and Sharon Road; thence eastwadly along the southern line of Sharon Road 135 feet to'a point in thewestem line of Lot No. 2 on the hereinafter mentioned Pian of Lots; thence southwardly along the western line of Lot No.2, 90.03 feet to a point in the northern line ofLot No. 24; thence weslWllfdly along the northern line of Lot No. 24, 135 feet to a point in the eastern line of Carol Lane; thence northwardly along the eastern line of Carol Lane, 90.03 feet to a point, the place of BEGINNING BEING aU of Lot #1 in Plan of Penn Heights as recorded in the Office of the Recorder of Deeds in Cumberland County Plan Book 6, page 28. BEING known as 8 Carol Lane, Enola, PA BEING Parcel Number: IJ9..14.Q835.Q50 RECORD OWNER TITLE TO SAID PREMlSES IS VESTED IN George B. Templeton by Deed from George B. Templeton and Carolyn D. Templeton, formerly known as Carolyn D. Foust, his wife, dated 8.{j.()2 and recotded 8-20.Q2. in Deed Book 253, Page 3344. PREMISES BEING: 8 CAROL LANE, ENOLA, P A 17025 c- ,-4 , ' ,-,', .- ,'.', 1./) PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL SCHMIEG, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION ATTORNEYFORPLA1NT~F COURT OF COMMON PLEAS CNIL DNISION CUMBERLAND COUNTY No.: 05-1208 CIVIL TERM vs. GEORGE B. TEMPLETON AFFIDAVIT I hereby certify that a true and correct copy ofthe Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to GEORGE B. TEMPLETON on 12/15/05 at 8 CAROL LANE, ENOLA, P A 17025, in accordance with the Order of Court dated 8/30/05. The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. s 4904 relating to unsworn falsification to authorities. ffWJM2jJJ Ju2~ DANIEL G. SCHMIEG, ESQ~ Date: December 19, 2005 n c-: r-" .~~ c::::> "-', '=' f71 ,"') N o o ~n ..... :r: r.l;;Q TJr'r: ~~!,~ 1;.J >1~ "..J :~ ::n -< " ~ ~ .r;- c:l . PHELAN HALLINAN & SCHMIEG, LLP by: Michele M, Bradford, Esquire Atty, LD. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Chase Home Finance, LLC., slb/m to Chase Manhattan Mortgage Corporation ATTORNEY FOR PLAINTITF Court of Common Pleas Plaintiff Civil Division vs, Cumberland County George B. Templeton Defendant No. 05-1208 Civil Term PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: I. Plaintiff commenced this foreclosure action by filing a Complaint on or about March 8, 2005, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A", 2, Judgment was entered on June 23, 2005 in the amount of$141,753.17. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3, A Sheriff's Sale of the mortgaged property at 8 Carol Lane, Enola, P A 17025 (hereinafter the "Property") was postponed or stayed for the following reasons: a) The Defendant filed a Chapter 13 Bankruptcy at docket number 05-10306 on September 21, 2005, The Bankruptcy was dismissed by order of court dated October 14, 2005. A true and correct copy of the Bankruptcy Dismissal Order is attached hereto, made part hereof, and marked as Exhibit "c", 4, The Property is listed for Sheriff's Sale on May 10,2006, However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129,3, . 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through 5/1 0/06 Per Diem $21.58 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections Appraisal/BPO MIP/PMI NSF Suspense/Misc. Credits Escrow Deficit 134,118,57 12,671.43 599.40 1,225,00 1,405.36 1,842.53 168,00 0.00 0,00 0.00 0,00 2,89Ll5 TOTAL $154,921.44 6, The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage, 7, Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested, Phelan Hallinan & Schmieg, LLP Date: S/7;) 1(1(" I By: . PHELAN HALLINAN & SCHMIEG, LLP by: Michele M, Bradford, Esquire Atty. LD, No, 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Chase Home Finance, LLC., slb/m to Chase Manhattan Mortgage Corporation ATTORNEY FORPLAINTITF Court of Common Pleas Plaintiff Civil Division vs, Cumberland County George B. Templeton Defendant No. 05-1208 Civil Term MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due, Plaintiff's Note was secured by a Mortgage on the Property located at 8 Carol Lane, Enola, P A 17025, The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items. in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments, Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriff's Sale, Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriff's Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests, It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any, II. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. Ill. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums, Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account Plaintiff is simply seeking to have the Court enforce the terms ofthe Mortgage. IV. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa, 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974), The provision ofthe Mortgage which allows the Plaintiff to recover attorney's fees in the instant action is highlighted for the court's reference, In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable, 410 A2d 344 (Pa, Super, 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable, Citicorn v, Morrisville Hampton Realtv, 662 A.2d 1120 (Pa, Super: 1995), Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. V. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P .L.E" Judgments 9 19 L Stephenson v, Butts, 187 Pa.Super. 55, 59, 142 A.2d 3 ]9,321 (1958), Chase Home Mortgage Corporation of the Southwest v, Good, 537 A.2d 22, 24 (Pa,Super. 1988). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa, Nat Bank, 445 Pa, 117,282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v, Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly ill rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property, Meco Reality Comoanv v, Bums, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that ifit goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests, Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no persona! liability, In RCV. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to confonn to the facts of a case, 257 Pa, Super. 157, 390 A.2d 276 (1978), In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company, The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full, The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property, The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan, VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings. and such delays require the mortgagee to expend additional sums provided for by the Mortgage. then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages, Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would reCOver the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: ~hDk'l& / I By: Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ" Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHASE HOME FINANCE LLC, SfBfM TO CHASE MANHATIAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS,OH 43219 A TIORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO, CUMBERLAND COUNTY v. GEORGE B. TEMPLETON 8 CAROL LANE ENOLA, PA 17025 Defendant 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 attomey 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 eourt 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 HA VE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMA nON 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, P A 17013 (800)990-9108 File#: J131J1 File#: 113131 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 DlSPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADlNG, 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 PLEADlNG, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDlTOR, IF DlFFERENT 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 DlSCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL EST ATE. I: Plaintiff is CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS,OH 43219 2, The name(s) and last known addressees) of the Defendant(s) are: GEORGE B. TEMPLETON 8 CAROL LANE ENOLA, P A 17025 who is/are the mortgagor(s) and real ownerCs) of the property hereinafter described, 3. On 02/23/2004 mortgagor(s) made, executed and delivered a mortgage upon thc premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1856, Page: 890. 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 11/01/2004 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 #: lJ3131 6, . The following amounts are due on the mortgage: Principal Balance Interest !OIO 1/2004 through 03/07/2005 (Per Diem $21.59) Attomey's Fees Cumulative Late Charges 02/23/2004 to 03/07/2005 Cost of Suit and Title Search Subtotal $134,118,57 3,41 1.22 1,225.00 159.84 $ 550.00 $ 139,464.63 Escrow Credit Deficit Subtotal 0,00 0,00 $ 0.00 TOTAL $ 139,464,63 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 of a third parly purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged, 8. 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 haslhave been denied assistance by the Pennsylvania Housing Finance Agency, 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAlNTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 139,464.63, together with interest from 03/07/2005 at the rate of$21.59 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 properly. PHELAN HALLINAN & SCHMIEG, LLP :J / _ ./ ___ ' ~ J: ~'----- By: /s/Francis S, Hallinan LAWRENCE T, PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff Fik#: li3131 ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southeast comer of Carol Lane and Sharon Road; thence eastwardly along the southern line of Sharon Road 135 feet to a point in the western line of Lot No.2, on the hereinafter mentioned Plan of Lots; tbenre southwardly along the western line of Lot No.2, 90.03 feet to a point in the northern line of Lot No. 24; thence westWardly along the northern line of Lot No_ 24, 135 feet to a point in the eastern line of Carol Lane; theoce northwardly along the eastern line of Carol Lane, 90.03 feet to a point, the place of BEGINNING. BEING all of Lot # 1 in Plan of Penn Heights as recorded in the Office of the Recorder (If Deeds in Cumbetiand County Plan Book 6, Page 28_ BEING KNOWN AS 8 Carol Lane, Enola, PA. VERIFICATION HEATHER R. BOGAN hereby states that he/she is ASSISTANT SECRETARY of CHASE FI()K1EFrnANCE[,LC~UC('''b'''SSORBY TYfEItG1!KWTfITCttA3:EMi\N'itATI'llli. MORTGAGE CORPORA nON mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best ofhislher 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, ~/V HEATHER R, BOGAN ASSISTANT SECRETARY DATE: )-~'(LS Exhibit "B" ./' PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHJ\cnEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (21 51 563-7000 C) c.-: CHASE HOME FINANCE LLC, SIB/M TO CHASE MANHA TT AN MORTGAGE CORPORA nON 3415 VISION DRIVE COLUMBUS, OH 43219 CUMBERLAND COUiSTY ~~ COURT OF COMMON=PLEA~, CIVIL DIVISION , (-. Plaintiff, _< f".~" NO. 05-1208 CIVIL TERM 1'0 v. GEORGE B. TEMPLETON "'-' = c:-.., C.Jl C) " ::-;i n'i:JJ , -nf,-l -.;"'; 1...-:-) '-.-~(S _ ' : ::I~ c_ C~::: "";6 c-_::: ('''5 ~jiT; ., ~:iJ -< \D ATT'C~'-;. ~,.' l l i HE/ ,SE hE IUHi~ FLL.i,~.C Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against GEORGE B. TEMPLETON and, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 3/8/05 to 6/21/05 TOTAL $139,464,63 $2,288.54 $141,753.17 1 hereby certify that (I) 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, ", , ,,, C'^.. "{ . ", '-" ,', :.'._F! ." ". '?,." CLc:,;;:cr:r- ;;;...~' . ,a-nvL. "11.: lLJf(;,J ~~JI-1~ DANIEL G, SCHMIEG, QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS IND1CAT DATE:~L.tA ~ -:2.2;).OM / .( Exhibit "C" 138291 [Ordero(DismissalJ UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION In reo Case No. 3:0S-bk-10306-GLP Chapter 13 George Brian Templeton Debtor! s) ORDER OF DISMISSAl, Pursuant to II U,S.c. ~ 1307, it is ORDERED as follows: J. This case is dismissed. 2. The automatic stay imposed by 11 U.S,c. ~ 362 and the stay of action against codebtor imposed by 11 U.S.C ~ 1301 are lifted, It{ Dated OctobeLH', 2005 , ~, Copies furnished to: All Interested Parties VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S, 94904 relating to unsworn falsification to authorities. DATE:~ By: Phelan Hallinan & Schmieg, LLP J::t"fCir;2qUire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M, Bradford, Esquire Atty. LD. No, 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Chase Home Finance, LLC., slb/m to Chase Manhattan Mortgage Corporation ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cwnberland County George B. Templeton Defendant No. 05-1208 Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plain tift's Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below, George B. Templeton 8 Carol Lane Eno1a, PAl 7025 George B. Templeton 5 Havenwood Trail Ormand Beach, FL 32174 George B. Templeton 77 Broadmoor Circle Ormand Beach, FL 33174 Phelan Hallinan & Schmieg, LLP DATE: 3. !zo /o&? I I By: (") i"'-~1 0 ~,:." (:";: c'.-.) -n f;'--., ~ ::;:J r'''' :'J 0- J " r'. l:J f.-~ ~,) ::C! (;J , (J ~ " .. (' ') ':ITl ;-1 -,-1 )::>- .-,2 ( ,) :xl <..n -< . .. IR~~:;~~Dh IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BY d I PENNSYLV ANIA ' . #= Chase Horne Finance, LLC., slb/m to Chase Manhattan Mortgage Corporation Court of Common Pleas Plaintiff Civil Division vs, Cumberland County George B. Templeton Defendant No. 05-1208 Civil Tenn RULE AND NOW, this ., ,,; d f I-. ( ay 0 hi .vt/> 2006, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages, i) ,:;fly' <;Iv J'vv,....- .sf .... a..,.....v- '" ;"1.<>1 ,'" Rule Returnable OR the day of 1QQ€l, at ~ ,Ahout.' I, ,Jv6I<-,,~ ~ci<r -/'" h ""'''5 . 5.Jurlfoom of the CUIU'u""L land COliflt~,' CElOOflel:lG0, Carligl~, Pi':>nns~'l'U'.ml~ BY THE COURT, ~ 4J. ], IOU /~ '!J () 68 :D1 ~,::\ ilZ ~rfH 0DJZ AH\'JJ .: ~~, . ~ :3Hl ::.:/J--~Cjl;j I'" :iU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHELAN HALLINAN & SCHMIEG by: MICHELE M. BRADFORD, Esquire Atty. 1.0, No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Chase Home Finance, LLC., slb/m to Chase Manhattan Mortgage Corporation Court of Common Pleas Plaintiff Civil Division vs. Cumberland County George B. Templeton Defendant No. 05-1208 Civil Term CERTIFICATION OF SERVICE I, MICHELE M. BRADFORD, Esquire, hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of fifteen (15) days after service has been served upon the following persons: George B. Templeton 8 Carol Lane Enola, P A 17025 George B. Templeton 5 Havenwood Trail Ormand Beach, FL 32174 George B. Templeton 77 Broadmoor Circle Ormand Beach, FL 33174 Date: ~)s) /0& ("~ '. '..' , (.,'": .J c:- r<. I 1,4;'\ Ij I;'J .;c', ,.I'i"\,\ t X' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTtBY.4 PENNSYLVANIA . 2er)': 1\ I Chase Home Finance, LLC., slb/m to Chase Manhattan Mortgage Corporation Court of Common Pleas Plaintiff Civil Division vs. Cumberland County George B. Templeton Defendant No. 05-1208 Civil Term RULE AND NOW, this z..'i~ day of hi""'" 2006, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. If' tPl4tfJ .y'v Jvv..... .:1( .... a..r~ <A Rule Returnable OR tile davof 2Qge, at ""houl" ",1v64<- "'~ f"'ol<r ..(,r " ""'''5' ' 5.>unroom ofrhe CLUub~J!and Ceanty Cellftft811Se, Cfllilid~, Pemt~~<l""nj" ;"1..-' IY ill fhp M~i1L BY THE COURT, 4J J. o':)-/;;.JJ7) :039: CURTIS R. LONG Prothonotary Cumberland County One Courthouse Square Carlisle, ~ 170~_.l, g; CJ u;!;-~ ~ (.) .- ~L- L_ u.s. POSTU (J I :i '.,,'" ~ :~ '- Lu ,"..... George B, Templeton 8 Carol Lane ~nnl" PA 17025 OA 0 INSUffiCIENT ADDRESS C 0 ATTEMPTED NOT KNOWN 0 OTHER ~o SUCH NUMBER/ STREET . NOT OELlVERASLE AS AOORESSEO - UNABLE TO FORWARO \}\\f ,~ , , --" , LL ~j: j:':.: IL c) ~ ~o = co <-.. ~"":.~ ._"_ .__ "_~~.M'_ ~; :::,r;,'~ :'''..:1..:./,~..:::::;; : 'i: 1.:: ,: i: .~ :: :. i:' ~ ~: .; ~ 1,,,I',','''I',',',,,,,,,',',,I,',,,II,,,','I'''I'')''II''I''j'"1'd"l,j'~j,I.1I ..- ... ...,.. .. ..' ... ...... ........ ,. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Federal Home Loan Mtg Com is the grantee the same having been sold to said grantee on the lOth day ofMav A.D., 2006, under and by virtue of a writ Execution issued on the 6th day ofDec, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 1208, at the suit of Chase Home Finance LLC against George B Templeton is duly recorded in Deed Book No. 274, Page 3653. IN TESTIMONY WHEREOF, I hav~eunto set my hand and seal of said office this d' day of ~ , A.D. dtJtJ~ e 0 er of Deeds c__ CoIInly, CIII*. PA lit All ....,,,_ 2010 '. Chase Home Finance LLC, slb/m to Chase Manhattan Mortgage Corporation VS George B. Templeton The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-1208 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice of Sale and Description, in the above entitled action, in the following manner: The Sheriff mailed a copy of the within action to the within named defendant, to wit: George B. Templeton, by certified mail, return receipt requested, restricted delivery, deliver to addressee only, at his last known address of 5 Havenwood Trail, Ormond Beach, FL 32174. This letter was mailed on the date of December 12, 2005. The unopened letter was returned to the Cumberland County Sheriff's Office on January 10,2006 with reason marked "Moved, Left No Address." J. Michael Ickes, Deputy Sheriff, who being duly sworn according to law, states that on January 11,2006 at 10:30 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of George B. Templeton, located at 8 Carol Lane, Eno1a, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on May 10, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg for Federal Home Loan Mortgage Corporation. It being the highest bid and best price received for the same, Federal Home Loan Mortgage Corporation of Foreclosure Unit, Mail Stop 61, P.O. Box 5000, Vienna, V A 22183-5000, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $886.50. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postage $30.00 17.38 15.00 15.00 30.00 10.00 1.00 12.32 9.87 15.00 20.00 .78 '. Law Journal Patriot News Share of Bills Distribution of Proceeds Postpone Sale Sheriff's Deed 317.00 287.60 21.05 25.00 20.00 39.50 $ 886.50 ~ (. }H}OI. ,/ ~^!f~ ~~~~ R. Thomas Kline, Sheriff 'J ~. JI\' I -; BY vfut.. .. Real Estate Sergeant ~~ oil · 30' 'l.uD e.k.5Q.;w! {?.v. /789 ,J ~ 1 # ~ CHASE HOME FINANCE LLC, SfBtM TO <:-'lIASE MANHATIAN MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION GEORGE B. TEMPLETON NO. 05-1208 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) CHASE HOME FINANCE LLC. SIBIM TO CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 .8 CAROL LANE. ENOLA. P A 17025 . 1. Name and address of Owner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GEORGE B. TEMPLETON 5 HA VENWOOD TRAIL ORMOND BEACH, FL 32174 2. Name and address ofDefendant(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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None /. 1 ' , 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COLUMBIA NATIONAL INC. P.O. BOX 3050 COLUMBIA, MD 21045-6050 MEMBERS 1ST FEDERAL CREDIT UNION 5000 LOUISE DRIVE MECHANICSBURG, P A 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 indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 8 CAROL LANE ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verifY that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 2. 2005 DATE fJ~J1,J~ DANIEL G. SCHMIEG, ES UlRE Attorney for Plaintiff -1 .. . CHASE HOME FINANCE LLC, SIBIM TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY No. 05-1208 CIVIL TERM v. GEORGE B. TEMPLETON Defendant(s). December 2, 2005 TO: GEORGE B. TEMPLETON 5 HA VENWOOD TRAIL ORMOND BEACH, FL 32174 "THIS FIRM IS A DEBT COLLECTOR AITEMPTlNG 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 UEN AGAINST PROPERTY." Your house (real estate) at . 8 CAROL LANE. ENOLA. P A 17025. is scheduled to be sold at the Sheriffs Sale on MARCH 8. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment 0[$141.753.17 obtained by CHASE HOME FINANCE LLC. S/B/M TO 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: L The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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 OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I, 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 maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the 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. IMPORTANT NOTICE: This property is sold at the direction ofthe plaintiff. It mav not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 . , . n1i'..~ :,......4ON ALL THAT CBRTAIN piece crplll'COl of1aad iii. i11lluthansboro TOWPSbip, Cumberlmd County, Pennsylvania, boUDded IIIId described ..I\lUowa, to wit: BEGINNING at.point in the southealt_ ofCaml.LmlIIIId ShmmR.oad; tltca\lo elIWRad!y along the southern line ofSharcm Il.oad 135 feat to.a point in the watmlline of Lot No. 2 on the hereinafter "'...monoed P\an of Lots; thence IOUthWllfdly alons 1be western line of Lot No. 2, 90.03 feet to a point in the IlOllbem Iino olLot No. Z4; 1bcaoe westwudly along thnOl1bom line of Lot No. 24, 135 feet to a point in theculcm Iino ofCaro\ Lane; thence IIOI'thwvdly Iloug the __line of Carol Lane, 90.03 feat So . point, the place ofBEQINNlNO BEING all of Lot #1 in PIlIIl ofPcm Heights as Je!lOrded in the Office oftlu: ReoordlirofDccds in Cumberland County P1IlII Book 6, page 28. BEING bownas 8 C8roI Lane, EDoIa, PA BEING Parcel Number: 09-14.Q835.QSO RECORD OWNER TITI.'E TO SAID PRBMlSI!S IS VESTBD IN Georse B. Templeton by Deed &om George B. Templeton IIIId Carolyn D. Templeton, formerly known as Carolyn D. FouIt, his wife. dated 8-6-02 and m:otded 8-20.:02, ill Deed Book 253, Page 3344. PREMISES BEING: 8 CAROL LANE, ENOLA, P A 17025 , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1208 Civil CIVIL ACTION ~ LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff(s) From GEORGE B. TEMPLETON (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION, (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARN1SHEE(S) as follows: and to notify the gamishee(s) that: (a) an attaehment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $141,753.17 L.L. Interest FROM 6/21/05 TO 3/8/06 (PER DIEM - $23.30) -- $6,058.00 AND COSTS Arty's Comm % $2,136,18 Due Prothy $1.00 Arty Paid $476.13 Other Costs Plaintiff Paid Date: DECEMBER 6, 2005 f:'5~ (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQillRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SillTE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Vi!: " DEe - J b - 3' Real Estate Sale # 41 On Decemberl2, 2005 the Sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 8 Carol Lane, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 12,2005 By: JodLts~ Real Estate Sergeant ~ ~ ~ ~ II I( d L-aJl. ~.d 'UHflOO OtfYl1138Wn:a JJI\l1HS 3Hl.:lO 301:1.:10 '..n;.;., ,~-,.~, ,. .' , 1 . . t ... . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Aet No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a eorporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal offiee 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 cireulation, 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 Marcb 4th, IS54, and September 18th, 1949, respectively, and all have been continuously published ever sinee; That the printed notice or publieation which is seeurely attached hereto is exaetly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2006. That neither he nor said Company is interested in the subject matter of said printed notiee or advertising, and that all of the allegations of this statement as to the time, p1aee and charaeter of publieation are true; and That he has personal knowledge of the faets aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stoekholders and board of directors of the said Company and subsequently duly reeorded in the offiee for the Recording of Deeds in and for said County of Dauphin in Miseellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#4I ..................................... ......................................................... e me this 16th day of February 2006 A.D. / NOT PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARL1SLE,PA. 17013 , , PRUOF OF PUBLICATION OF NOTICE Ii\, CUMBERLAND LAW JOURNAL (Under All 0:0. 587, approved May 16, 1929), P. L.1784 STATEOFPENNSYLVANI\ : COUNTY OF CUMBERLA \D : SS. Lisa Marie Coyne, F\<juire, Editor ol'the CumberLtlld Law Journal, of the County and State aforesaid, being duly SII, 1rI1, according to law, deposes and says that the Cumberland Law Journal, a legal periodical publlslied ill the Borough of Carlisle in the County and State aforesaid, was established January 2, : 'h2, and desigllated by thl' local courts as the official legal periodical for the publication>! :tll Icga1 notices, and has, Slllce January 2, 1952, been regularly issued weekly in the said COlilllY, and that the printed notice or publication attached hereto is exactly the same as was pril1lc'd Il1 the regul;lr editions and issues of the said Cumberland Law Journal on the following dates, V1Z: January 20,2 ,Fcbmary 3, :WOG Affiant further deposl', i:iat he is authorized to verily this statement by the Cumberland Law Journal, a legal periodic" "I' general circulation, and that he is not interested in the subject matter of the aforesaid nOli,',' or advertisement, and th'lt all allegations in the foregoing statements as to time, place al1-1 cllaracter ol'publication are true, REAL ESTATE SALE NO. 41 Writ No, 2005-1208 CMI Chase Home Finance LLC. s/b/m to Chase Manhattan Mortgage Corporation vs. George B. Templeton Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township. Cumberland County. Pennsylvania. bounded and deSCribed as follows, to wit: BEGINNING at a point in the southeast comer of Carol Lane and Sharon Road; thence eastwadly along the southern line of Sharon Road 135 feet to a point in the west- ern line of Lot No. 2 on the herein- after mentioned Plan of Lots; thence southwardly along the western line of Lot No.2. 90.03 feet to a point in the northern line of Lot No. 24; thence westwardly along the north- er:tl.l1ne.of l.nt..Nn.--!14.- 1 '::t~ f""""i- i-n ~.. S \Va TO AN I) Sl: BSCRIBED before me this _~day of u r:ebruarv, 2006 1~~~~#'M lei \J"l-J.n"."...."_.iL.:.; '.. 1 t LDi,~ E sr,rtDFY1, Notary PUh!lc i r Cari'8'e, 8ore, ?urf'ber!and COlJntv , ty,yr.;> \.';;:;rj; ,S 2GI.'0 ",' ..:,C'"..,"":."".........,."'"....,,;;..,