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HomeMy WebLinkAbout05-1761 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, S/B/M TO CHASE MANHA IT AN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS,OH 43219 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OS - I "! 10 I C!.'L<J~ tT 9LYrJ CUMBERLAND COUNTY v. JAIME SUCUZHANA Y 423 RENO AVENUE NEW CUMBERLAND, P A 17070 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 property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 File #: 114553 File #: 114553 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 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. 'J 1. Plaintiff is CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHA IT AN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known addressees) of the Defendant(s) are: JAIME SUCUZHANAY 423 RENO AVENUE NEW CUMBERLAND, P A 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 07/31/2002 mortgagor( s) made, executed and delivered a mortgage upon the premises hereinafter described to THE W ASHINGTON SAVINGS BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1767, Page: 949. By Assignment of Mortgage recorded 10/21/02 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 691, Page 435. 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 #: 114553 6. The following amounts are due on the mortgage: Principal Balance Interest 1 % 1/2004 through 03/31/2005 (Per Diem $14.62) Attorney's Fees Cumulative Late Charges 07/31/2002 to 03/31/2005 Cost of Suit and Title Search Subtotal $76,223.65 2,660.84 1,250.00 234.02 $ 550.00 $ 80,918.51 Escrow Credit Deficit Subtotal 0.00 6,054.88 $ 6,054.88 TOTAL $ 86,973.39 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 86,973.39, together with interest from 03/3112005 at the rate of$14.62 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLmAN: SCH;Z . By 1&1i~ ~ LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 114553 ALL '1'HAT CERTAI:N craet or parcel of land s1euate in the Borough of New CUmberland, County of cumberland and Commonwealth of Pennsylvania, more part1oular1y bounded and desoribed as follows; ACCORDING to a certain plan of lots laid Que by M. A. Kebaugh, as recorded in the Office far the Racording of Deed$ in and for CUmberland County aforesaid in Plan Book No.1, at Page f) I more particularly bOWlded and described aa follows: BEGINNING at a. point on t.he eaeter1y side of Reno Street, 40 feet North of the northerly (:orner of Reno Street: ana Oyster Avenue; thence continuing along the easterly line of Reno Street in a northerly direction, a distance of 20 feet more or less to the line of prope1;'ty now or late of Hilda C. Wear i thence easterly at right ang1ee to Rano Street through the center partition of a two :and a half atory frame dwe111ng, a distance ot 120.4 feet more or less to a weaterly line of a 4 feet wide private alley, a distance o~ 20 feet more or lese to lines of the property now or late ot wil.liam 9. Pencil; thence westwardly along the line of said property, a distance of 120.4 feet more or less to the line of Reno Stre(!!c.. the point and place of BEGINNING. PREMISES BEING: 423 RENO AVENUE. \. VERIFICATION HEATHER BOGAN hereby states that he/she is ASSISTANT SECRETARY of CHASE HOME FINANCE LLC SUCCESSOR BY MERGER WITH CHASE MANHATTAN MORTGAGE 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 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. ~!J!!~b~ ASSISTANT SECRETARY DATE: ~- 20- OS ~ ~ 9-.) VI ~ D ~ \-~ tf1 ~~ ~i2 r r;~:; (~I~'t C; ,~. '. _ C';;" C". c;J ~~;1 --;-0 \ ~ '"r.'S" --:;;. ~6 ." ~ r--"l (j-' SHERIFF'S RETURN - REGULAR CASE NO: 2005-01761 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS SUCUZHANAY JAIME CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SUCUZHANAY JAIME th DEFENDANT , at 1917:00 HOURS, on the 11th day of April at 423 RENO STREET 2005 NEW CUMBERLAND, PA 17070 by handing to LISA SUCUZHANAY, WIFE a true and attested copy of COMPLAINT - MORT FORE together w th and at the same time directing Her attention to the contents ther of. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 12.58 .00 10.00 .00 40.58 1~g~~~ R. Thomas Kline 04/12/2005 PHELAN HALLINAN Sworn and Subscribed to before By: ( ~ 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.KENNEDYBLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215\ 563-7000 CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-1761 JAIME SUCUZHANAY 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 JAIME SUCUZHANA Y .!!!!!!., 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 4/1/05 to 5/23/05 TOTAL $86,973.39 $774.86 $87,748.25 I hereby certify that (I) the addresses ofthe Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. 'iY~Jj-Jr~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT DATE: fYl':=1y ~7,.;l,,~ .. 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, P A 19103 (21 'i) 'i1i1_7000 CHASE HOME FINANCE LLC, SIBIM TO CHASE MANHATTAN MORTGAGE CORPORATION ATTORNEY FOR PLAINTWF : COURT OF COMMON PLEAS Plaintiff : CML DIVISION Vs. : CUMBERLAND COUNTY JAIME SUCUZHANA Y Defendants : NO. 05-1761 TO: JAIME SUCUZHANAY 423 RENO STREET NEW CUMBERLAND, P A 17070 DATE OF NOTICE: MAV1 200<; THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.lF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU 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 FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DA YS FROM THE DATE OF THIS NOTICE, 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 WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. FILE CCpy ~c.~Lt1~ J. /-ed/~ F NClS S. HALLINAN, ESQUIRE Attorneys for Plaintiff CUMBERLAND COUNTy LAwYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (800)990-9108 . 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., SmTE 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 Plaintiff, CIVIL DIVISION v. NO. 05-1761 JAIME SUCUZHANA Y 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 JAIME SUCUZHANA Y is over 18 years of age and resides at , 423 RENO A VENUE, NEW CUMBERLAND, P A 17070 . This statement is made subject to the penalties of 18 Pa, C.S. Section 4904 relating to unsworn falsification to authorities. cy~ Jj-1~ DANIEL G. SCHMIEG, E UlRE Attorney for Plaintiff I t 70 0 ~ li:- t ....0 ...., () C) r~; 0 , c;:;::> ., <-'" - 0 ~ -, ~ - t :'':::'' :C-n \;" ---,. " --< rl1r= -U en '= 1'''' CJ v-, -.() P-- - (-,\ ~ -- _c , t; 0--- .' ~-~1 f~ ~. (U' (I) n OJ ---, r -I- (.'1 ~i~i ---t:- w ..... - . - , (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 v. Plaintiff, CIVIL DIVISION JAIME SUCUZHANAY NO. 05-1761 Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ~'(.:J.7 20ll..r ~y: aQ~ b .P./f/V2.aU DEPUTY If you have any questions concerning this matter, please contact: 1J~ Jf~~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF.KENNEDYBLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." C' ... (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. 05-1761 JAIME SUCUZHANAY Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $87,748.25 Interest from 5/23/05 to SEPTEMBER 7, 2005 (per diem -$14.42) $1,542.94 and Costs TOTAL $89,291.19 ~~JJ ~~ DANIEL G. SCHMIEG, SQUIRE 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. Q r-- Q r-- .... < ~ ~ ~ ; f;l;l =:I ~ "":S z U O~ 0 0 ~ "'f;l;l .... ... f;l;l "';;. E~ ~ Z --d ~~ U . <ll ~" ~ ~t f;l;l i; ..l", ~ ~z "'... .~ '" .~ f;l;l ;l 1:: z <ll Zz uOz ~ .~ ~ .n ~~ "" Q co ~ ::3~0 ~ 0.. i5: <ll ~~ S ~ . f;l;l~"" ... .. 0 O!: U ... ~ ;~ '" ~...~ .; U '>. Z i> UZ ~ ~ ~~ ~ a ~ g. ""~ z~O '" ~ ~ J~ l:l. 00 f;l;l <'l ~ s~~ 01:: M ...U ~ "" Q .... ~ ~~ f;l;l U :;: f;l;l6 ~~ ~~ .... ~ ~ '" Of;l;l .... '" 8; U 1:! ~~ ~ .;,; ~ f;l;lf;l;l <ll - ==:1 "'= .~ ...~ ~u ~ ~ z~ U ....u -t!!i ~ - - (",., i': - - - Lf) ;,- :::: Cir.:t) ~ ~ co ---'I -., ~ "t - - ::: - -- ~ ~~ - - - :i IJ-. :::,- () 6 ,.... ,,-~ \!j r\ ..j ('J LU -- , I .::z- ........ =lL~--1 U_--r- :.::': F .~ () "\, 0 0 8 ~ Q ~ ~ LL >.n () ~ C::.") a VI y () ~ C) (...--:::> ,..., . -...: Vi c l.Ji a-- \"6 CJ ....... ~ l.tJ ra ~ t>)- "t1l- ~ -.... - -.. 1 fi -f-- .~ '] \J 4- c:t -.J Cl (::t. . . DESCRIPTION ALL THAT CERTAIN tract or parcel ofland situate in the Borough of New Cumberland, County of Cumberland and Commonwealth ofPcnnsylvania, more particularly bounded and described as follows: ACCORDING to a certain plan oflots laid out by MA. Kebaugb, as recorded in the Office for the Recording of Deeds in and for Cumberland County aforesaid in Plan Book No. I, at Page 6, more particularly bounded and described as follows: BEGINNING at a point on the easterly side ofRllIlo Street, 40 feet North of the northerly comer of Reno Street and Oyster Avenue; thence continuing along the easterly line of Reno Street in a northerly direction, a distance of20 feet more or less to the line of property now or late of Hilda C. Wear; thence easterly at right angles to Reno Street throtlgh the center partition of a two and a half story frame dwelling, a distance ofl20A feet more or less to a westerly line ofa 4 feet wide private alley, a distanceof20 feet more or less to lines of the property now or late of William B. Fencil; thence westwardly along the line of said property, a distance of 12004 feet more or less to the line of Reno Street, the point and place of BEGINNING. '" ., RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jaime Sucuzbanay, married person by Deed from Judith A. Sciverling, alkJa Judith A. Cardene, single person, dated 7 f3 I 102 and recorded 8I2f02 in Deed Book 252, page 4956 PREMISES BEING: 423 RENO AVENUE, NEW CUMBERLAND, P A 17070 WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1761 Civil CIVIL ACTION - LAW TO THE SHERJFF 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 JAIME SUCUZHANAY (I) You are direcled 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 $87,748.25 L.L. $.50 Interest FROM 5/23/05 TO 917105 (PER DIEM - $14.42) - $1,542.94 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $122.58 Other Costs Plaintiff Paid Date: MAY 27, 2005 CURTIS R. LONG (Seal) prothon~ p ~ ~ n/l. , _ . C/?/2.."~~ 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 J CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. JAIME SUCUZHANAY CIVIL DIVISION NO. 05-1761 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANillL G. SCHMillG, 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 .423 RENO A VENUE, NEW CUMBERLAND. P A 17070 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAIME SUCUZHANAY 423 RENO AVENUE NEW CUMBERLAND, PA 17070 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) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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/Occnpant 423 RENO AVENUE NEW CUMBERLAND, P A 17070 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. Mav 23, 2005 DATE W~JlJ~ DANIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff (:: , -, . ...., => <...:~.:,) c.n ~ (~ -n -l f~~F -~lr,": .'0 ~1~j ..co ;':,l"fl ::::j ?5 .< f',) -.J ~:: co c...n L~ 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 PIDLADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION JAIME SUCUZHANAY NO. 05-1761 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: (X) an FHA mortgage () non-owner occupied () vacant o Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa, e.S. Section 4904 relating to unsworn falsification to authorities. ~~J/J~ DANIEL G. SCHMIEG, ES DIRE Attorney for Plaintiff .-' C:;"J r..;.;::> "-" - -_.,~ ... ~-':: /- ::~ f''' -..J o -n .-1 :L-n rnp :,a~ -,'- ,.._~ ~_:.~t.) ,'j r:l ,.".1 -::,:;:,::, ..-< -'." co (J' c,..) , CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY No. 05-1761 v. JAIME SUCUZHANAY Defendant(s). May 23, 2005 TO: JAIME SUCUZHANAY 423 RENO AVENUE NEW CUMBERLAND, PA 17070 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T 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, 423 RENO AVENUE, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, Soufh Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $87,748.25 obtained by CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION (fhe 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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee fhe 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 fhe sale by filing a petition asking the Court to strike or open fhe 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 ofher 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 Sheriffthe full amount due in the sale. To find out ifthis has happened, you may call (717) 240-6390. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe 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 ASSOCIA nON 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 ; DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland and Commonwealth ofl'ennsylvania, more particularly bounded and described as foHows: ACCORDING to a certain plan of lots laid out by MA. Kebaugh, as recorded in the Office for the Reoording of Deeds in and for Cumberland County aforesaid in Plan Book No. I, at Page 6, more particularly bounded and descn'bed as follows: BEGINNING at a point on the easterly side of Reno Street, 40 feet North of the northerly comer of Rena Street and Oyster Avenue; thence continuing along the easterly line of Rena Street in a northerly direction, a distance of20 feet more or less to the line ofproperty now or late of Hilda C. Wear; thence easterly at right angles to Reno Street through the center partition of a two and 8 balf story fimne dweUing, 8 distance of 120.4 feet more or less to a westerly line ofa 4 feet wide private alley, a distanceof20 feet more or less to lines of the property now or late of William B. FenciI; thence westwardly along the Une of said properly, a distance of 120.4 feet more or less to the line of Reno Street, the point and place of BEGINNING.. , RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN laime Sucuzhanay, married person by Deed from ludith A. Seiverling, aIkIa Judith A. Cardene, single person, dated 7/31102 and recorded 8/2102 in Deed Book 252, page 4956 PREMISES BEING: 423 RENO AVENUE, NEW CUMBERLAND, P A 17070 n t'" ~, C-:l c.:::'> cJ' :::~': :';:~;;> -" ~,) '-' \ ""i'"C"1 ::.l;; (-) "h ::;:I :;:':"':D , 1"\ \"~ ;?~i~). __";~ -:1 S.,,::: C") ~':"_)11'\ ':<-\ ~S'1 '.-< Cf? en <.,.) { "'. AFFIDAVIT OF SERVICE PLAINTIFF CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY PJT No. 05-1761 ACCT. #1514278459 DEFENDANT(S) JAIME SUCUZHANA Y SERVE JAIME SUCUZHANAY AT 423 RENO AVENUE NEW CUMBERLAND, P A 17070 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 7, 2005 SERVED Served and made known to ~; M. liL <3 u ~ v :z '^ (!J.. \-fat Defendant, on the I rt- day of --:;::J tJ c:L , 200..s- at 1;fO , o'clock~.m., at f:J...3 f!.f!tJo A V ~../ bJ e w CJVA k>e..v \&eJ l , 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 of Defendant(s)'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 of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. _ ' II ib7 . I I I ~~s~ S Description: Age ~ Height 4 Weight (~(J Race J.l.k Sex ~ Other (lVO ~ I, C\~u t'\loJC~ l.. GC\. ~ ~', a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the otice of Sheriff s Sale . r as set forth herein issu d in the captioned case on the date and at the address indicated above. Other: Sworn to and subscribed before me this ~ day of <"J"~~~ , 200~ Notary:.... ..1) .' ,_,;(!" ,.j- By: -:~~ J-J.-t W'l-M1 ~ PLEASE ATTEMPT SJVICE AT LEA MES OF SERVICk ATfEMPTED. NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 tj; <{}. (,..., o ~ - U) ~ J"*" ~ S;-;rJ (l . r::: :'?\0 " j 1 SO :,1: ~~ ..,-,,- ':tQ .,:')fn ~ .~;- ':~ c? C-- t:" ...--------------.."..---- IN THE COURT OF COMMON PLEAS OF CUMBERLANI) COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, S/B/M ) CIVIL ACTION TO CHASE MANHATTAN MORTGAGE ) CORPORATION vs. ) CIVIL DIVISION ) NO. 05-1761 JAIME SUCUZHANA Y AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for CHASE HOME FINANCE LLC. S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION hereby verify that on 5/25/05 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: August 2,2005 DANIEL G. SC , ESQUIRE Attorney for Pi ntiff CHASE HOME FINANCE LLC, SIB/M TO CHASE MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CJV][L DIVISION JAIME SUCUZHANAY NO. 05-1761 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) CHASE HOME FINANCE LLC. S/BIM 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 .423 RENO AVENUE, NEW CUMBERLAND. P A 17070 . I. Name and address of Owner( s) or reputed Owner( s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAIME SUCUZHANA Y 423 RENO A VENUE NEW CUMBERLAND, PA 17070 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 as'~ertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot he reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannnl 11,.: reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property anti i" interest may be affected by the sale. Name Last Known Address (if address canlln: :. reasonably ascertained, please indicate I None 7. Name and address of every other person of whom the plaintiff has knowledge who hill ;(11\ ,I, ,."t in the property which may be affected by the sale: Name Last Known Address (if address canr",> h. reasonably aseertained, please indicate I Tenant/Occnpant 423 RENO A VENUE NEW CUMBERLAND, PA 17070 Domestic Relations of Cnmberland County 13 North Hal~over 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 knowledge or information and belief. I understand that false statements herein are mil' I I'; penalties ofl8 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities. Mav 23, 2005 DATE Wcv~;l}(J~ DANIEL G. SCHMIE , ESQUlRb Attorney for Plaintiff H i @ n Cl t ~ ~'i z H ~ trt ~ ~ ~ ... - () ~a, 8 g o~. ~ ~. ~ ~ ~ .1l ~ ~ ~ Q, ~ . ... ><l en ~ '& Q, ~l ~ ~ 8 en ~i n 0 ~ ~ ;~ ~ ~ ~ ~ 9- ~ '? ~ ~ Cl 0 ~ ~ \ 1i ~ R 3' ~ ;;i ~ ..- .." i~t"\t ~ 0 Z . ~~'~ '" 0 "'\/" oW; ~ ~ ~ ~ ga~ :I: ~r~ %.~>~ 'T\ ~ ><l ~ if>. 0 g g. >- IS ......oi:1 ~\~ia, ..- ~ --> ~T ~~ '3 ><l l.i~og " 0 0 '7" \:J:l g"j\lh ~ ~ n~~~. ~. \ ~ ..., B~' ~ 0 2\ ~ < ~ 0 )-" ~y;.fla~ "il~\t\~ \ n ~ 'r~ <a .W~.. ~. ~ %. ~ '(J. \t~.\ ~ .t" \ '<l tlig :>> Yi..~ ! ><l ..- --> ~~ ~ ti >- 0 ~.~'ia~' ..- ..- "..?~ --> .." ..- .gg%$. 0 g~ i ~ . ~ '" \i\~ ~\J tl'i~\ g.~d i.Ht ~;;;,"<) ~ l ~o: ':1.~ ~!L ..- ..- ..- ..- ..- ..- '" ~ --> '" ~ ... .." ~ Z '" ... .." ..., ..- 0 ~.~ ~~ ~g., l 1:. N - ~ ~. !l co % e 3 a co ... o~'Z ""'~.. (/la-S ~lJ,'" p.",~ ~ ~ .,;-~.,; ~~o~ ,,-'.,;r g-'-'g~ -& -g.::> ;;' >n (1 ~ - . " .,;7\::> ::g~~ \J;)(lJ_rz. 8~ g. ~ ~\:)jl'i\li' 00 0 c:l' -;%-~~ en~rp' ~P.o; .... lOt. ;.l rpg (;) - '" . ~J~' r g g . 'i- r' ...... "tl ;;,8 . ; '2 . a. So '" ~ ~ ~ ~ r . ~ .. ~ o ~ ~ ~ ~ \ (') ...., = ~ c: = <" en ~5j :0>- ~:n rn c: :(1 G') r- zc: I ::gm ~" \.D S~ ~C) ~() .".. ?5:U .-0 :x -7 C) )>c:: Om ~ .-i Ul 55 '< 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 Chase Home Finance LLC is the grantee the same having been sold to said grantee on the 7th day of Sm! A.D., 2005, under and by virtue of a writ Execution issued on the 27th day ofMav, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Nurnber 1761, at the suit of Chase Home Fin LLC sbm Chase Manhattan Mtg Com against Jaime Sucuzhanav is duly recorded in Sheriffs Deed Book No. 271, Page 1150. IN TESTIMONY WHEREOF, ~e hereunto set my hand and seal of said office this 3 day of ~FVL d / (/ Chase Horn Finance LLC slb/m To Chase Manhattan Mortgage Corp VS Jaime Sucuzhanay The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-1761 Civil Term Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on July 14,2005 at 7:49 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendant, to wit: Jaime Sucuzhanay, by making known unto Jaime Sucuzhanay, personally, at 1117 Bridge Street, New Cumberland, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 13,2005 at 6:31 o'clock P.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 Jaime Sucuzhanay, located at 423 Reno Ave., New Cumberland, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jaime Sucuzhanay, by regular mail to his last known address of 1117 Bridge Street, New Cumberland, P A 17070. This letter was mailed under the date of August 03, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 07,2005 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg for Chase Home Finance LLC. It being the highest bid and best price received for the same, Chase Home Finance LLC of 3415 Vision Drive, Columbus, OH 43219 being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $925.97. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage $30.00 18.16 15.00 15.00 30.00 10.00 .50 1.00 27.20 Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $ 1.60 15.00 20.00 371.00 287.81 18.20 25.00 40.50 925.97 Sworn and subscribed to before me 2005, A.D. So Answers: r~~~~ R. Thomas Kline, Slieriff BY <J()~,)~ Real Estate rgeant c",,1e- .30 .lJO :;0 / \ .':> v Ci(..5 J 3) 'I 61L. 1(,<1(, (,1 'CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION JAIME SUCUZHANAY NO. 05-1761 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) 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 .423 RENO A VENUE. NEW CUMBERLAND. P A 17070 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAIME SUCUZHANAY 423 RENO AVENUE NEW CUMBERLAND, PA 17070 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 ofIast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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/Occnpant 423 RENO AVENUE NEW CUMBERLAND, P A 17070 Domestic Relations of Cumberland Connty 13 Nortb 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 of 18 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities. Mav 23.2005 DATE ~~JlJ~ DANIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff CHASE HOME FINANCE LLC, SIB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY No. 05-1761 v. JAIME SUCUZHANAY Defendant(s). May 23, 2005 TO: J~ESUCUZHANAY 423 RENO AVENUE NEW CUMBERLAND, P A 17070 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A UEN AGAINST PROPERTY." Your house (real estate) at. 423 RENO AVENUE. NEW CUMBERLAND. PA 17070. is scheduled to be sold at fhe Sheriffs Sale on SEPTEMBER 7.2005 at 10:00 a.m. in fhe Cumberland County Courthouse, Soufh Hanover Street, Carlisle, P A 17013, to enforce fhe court judgment of $87.748.25 obtained by CHASE HOME FINANCE LLC. SIB/M TO CHASE MANHATTAN MORTGAGE CORPORATION (fhe mortgagee) against you. In fhe event fhe 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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: L The sale will be cancelled if you pay to the mortgagee fhe 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 fhe sale by filing a petition asking fhe Court to strike or open fhe 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd 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 ifthe 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 AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 DESCRIPTION ALL THAT CERTAIN tract or parcel ofland situate in the Borough of New Cumberland, County .of Cumberland and CommonwealthofPc:nnsylvania, more particularly bounded and described as follows: ACCORDING to a certain plan oflots laid out by MA Kebaug!l, as recorded in the Office for the Recording of Deeds in and for Cumberland County aforesaid in Plan Book No.1, at Page 6, more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Reno Stteet,40 feet North o/the northerly comer of Reno Street and Oyster Avenue; thence continuing along the easterly line of Reno Street in a northerly direction, a distance of20 feel mere or less to the line ofproperty now or late of Hilda C. Wear; thence easterly at right angles to Reno Street through the center partitionofa two and a halfstory trame dwelling. a distance of 120.4 feet more or less to a westerly line oCa 4 feet wide private alley, a distance of 20 feel more orless to lines of the property now or late of William B. Fencil; thence westwardly along the line of said property, a distmoo of 120.4 feet more or less to the line of Rena Street, the point and "l~ of BEGINNING.' " RECORD OWNER TITLE TO SAID PRPMTSES IS VESTED IN Jaime Sucuzhanay, married person by Deed from Judith A. Sei~ling. aJ1da Judith A. Cardene, single person, dated 7/31/02 and recorded 8/2102 in Deed llook 252, page 4956 PREMISES BEING: 423 RENO AVENUE, NEW CUMBERLAND, P A 17070 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA)' COUNTY OF CUMBERLAND) NO 05-1761 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 JAIME SUCUZHANAY (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 $87,748.25 L.L. $.50 Interest FROM 5/23/05 TO 9/7/05 (PER DIEM - $14.42) - $1,542.94 AND COSTS Atty's Connn % Due Prothy $1.00 Atty Paid $122.58 Other Costs Plaintiff Paid Date: MAY 27, 2005 CURTIS R. LONG (Seal) ProthO:0 p 7t '-.Bv. fV>. tJ _ . C/Z./2.l '( ~ 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 Real Estate Sale #49 On June 10, 2005 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 423 Reno Ave., New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 10, 2005 By:VCcL.j ~ Real Estate Deputy b I :8 "i/ Z - Nnr ~aal \/rJ '/- : i. ' .:l "/,.":;": "c .." . . ' I ' .J o.:>H:; clUJ .")'''''1'''. ".' . _"L __J,) ;iJu ~ c:u:\l c::;r\1 c:;::J GV ~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County ofOauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg. County ofOauphin. State of Pennsylvania. owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street. in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 19th and 26th day(s) of July and the 2nd day(s) of August 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording ofOeeds in and for said County ofOauphin in Miscell eous Book "M", Volume 14, Page 317. COpy S ALE #49 Sworn to and su c. CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTIIOUSE CARLISLE, PA. 17013 PUBLICATION Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 287.81 REAL ESTATE SALE *... "'*_.1781 ClvllTenn ~""""~. u.c aIbIm to~....- - --... CciI............ v. JaIme Suc:uzhan8y Ally: - SchmIeg IJESCIlIPltON ALLTlIATCl!llI'AIli_..pll1<dofland s_ in lbc Borough of New ~. COllllty of CUmbedIod aad o..-weaI<h of Penosylvaoia. .... padievlIdy boooded aad _asfllllows; AcoonIiII8 to........ plao ofklls laid "'" by !.lA. KdJaugh,,",'- in lbcO!lice fur lbc RtocooIiD& of Deeds in aad fur Cumberlaad ~_iIIP1anBookN.t.atPage6. .... jl8l1ic8Jady boooded aad d"cribed as -: BOOINNING.. .I"'int "" lbc....my aide of Ileoo _.<<J fcctNaoh<<lbcDlXlbrzlyoomer <<__aadOyalc(Av_;lIIeocc COIIIinuiDIaIoo&lbccaslcdylinc<<lleoo-in ._y._.._of211fcct....or Ieasllllbclinc<<~....or1alcof\lildaC Wcor._caslcdyalri&fttuglcsllllleoo- dloiiiih lbc fC"""pat1iti<m oh two aad. baIf SIl>yII-~,.disflnccoft211Afcctmore ..1eas...~liooof.4fcctwidcpriva'" .n'y,odisflnccof211 I'cct....lirleas to_of lbcfllOllcllY_"Iale<<~B.FeDcil; lIIOacc -.nIIr'akiog lbc line<< aaid fllOIlclIY, ._<<12114fcct....orleasllllbclineof __.lbcl"'intaadplaccofBEOOlNG. TIl'L! to said ~. is vtstm. in Jaime S_y._peIlGIlbyDeed_ludilh A SeivaIiDg. 1itI. hdilh A. ~. single _. daIod 7131N2 aad.- 8Iro2 ill Deed Book 252,_ 49!6 !'n:miseabcinf.4:!3RcooA_.New r .'. . M11U7O. 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, v\z: July 15, 22, 29, 2005 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. , SWO 29 AND SUBSCRIBED before me this day of Julv. 2005 IAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro. Cumberland County My Commission Expires March 5, 2009 REAL ESTATE 8ALIt NO. 49 Writ No. 2005-1761 CM! Chase Home Finance LLC, s/b/m to Chase Manhattan Mortgage Corporation VS. Jaime Sucuzhanay Atty.: Daniel Schmieg DESCRlPTION ALL THAT CERTAIN tract or par- cel ofland situate in the Borough of New Cumberland. County of Cum- berland and Commonwealth of Penn- sylvania, more particularly bounded and described as follows: ACCORDING to a certain plan of lots laid out by M.A. Kebaugh. as recorded in the Office for the Re- cording of Deeds in and for Cum- berland County aforesaid in Plan Book No.1, at Page 6, more par- ticularly bounded and described as follows: BEGINNING at a point on the easterly side of Reno Street. 40 feet North of the northerly corner of Reno Street and Oyster Avenue; thence continuing along the easterly line of Reno Street in a northerly direction, a distance of 20 feet more or less to the Hoe of property now or late of Htlda C. Wear; thence easterly at right angles to Reno Street through the center partition of a two and a half story frame dwelling, a distance of 120.4 feet more or less to a westerly line of a 4 feet Wide private alley, a distance of 20 feet more or less to lines of the property now or late of WilHam B. FencU; thence westwardly along the line of said property, a distance of 120.4 feet more or less to the line of Reno Street. the point and place of BEGINNING. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jaime Sucuzhanay. married person by Deed from Judith A. Seiverling. a/k/a Judith A Cardene, single person, dated 7/ 31/02 and recorded 8/2/02 :In Deed Book 252, page 4956. PREMISES BEING: 423 RENO AVENUE. NEW CUMBERLAND. PA 17070.