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HomeMy WebLinkAbout05-4330 MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 PO BOX 307 SECANE, PA 19018 (610) 328-2887 Attorney ID # 52634 Manufacturers and Traders Trust Company, as trustee, on behalf of the holders of the Home Equity Loan Pass-Through Certificates, Series 1998-1 c/o Select Portfolio Servicing, Inc. 3815 South West Temple Salt Lake City, Utah 84165 Plaintiff vs. Melvin P. Chestnut and Dottie M. Chestnut 1080 Grahams Woods Road Newville, PA 17241 Defendants #l7200-TM Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Case No: 05' -IIJJ6 C/~l'(7~- CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE ADVISO 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 ajudgment 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 LA WYER 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 ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Le han demandado a usted en 1a corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de I. demand. y I. nOlitic.cion. Hace faha a sentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas dernandas en contra de su persona. Sea a visado que si usted no se defiende, 1a corte toma ra medidas y puede continuar 1a demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted curnp1a con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades 0 atros de rechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDlA T AMENTE. SI NO TIENE ABOGADO V A Y A EN PERSONA 0 TELEFONA A LA OFICINA ESCRlTA ABAJO. ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE COMO CONTRA T AR A UN ABOGADO. SI USTED NO T1ENE EL D1NERO SUFICIENTE PARA CONTRATAR A UN ABOGADO, LE PODEMOS DAR INFORMACION SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO 0 GRATUITO. CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 -- 800-990-9108 THIS IS AN ATTEMPT TO COLLECT A DE BT ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TIDS 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 V ALIDI'lY 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 TIDS COMPLAINT IS TO BE FILED IN TIDS 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, TIDS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 PO BOX 307 SECANE, PA 19018 (610) 328-2887 Attorney ID # 52634 Attorney for Plaintiff Manufacturers and Traders Trust Company, as trustee, on behalf of the holders of the Home Equity Loan Pass-Through Certificates, Series 1998-1 c/o Select Portfolio Servicing, Inc. 3815 South West Temple Salt Lake City, Utah 84165 COURT OF COMMON PLEAS Cumberland COUNTY Case No: OS-4J2Q C.iu~L'-TtJ2-VV[ Plaintiff vs. Melvin P. Chestnut and Dottie M. Chestnut 1080 Grahams Woods Road Newville, PA 17241 Defendants CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is Manufacturers and Traders Trust Company, as trustee, on behalf of the holders of the Home Equity Loan Pass-Through Certificates, Series 1998-1, a corporation organized and existing under state law, with offices for the conduct of business at c/o Select Portfolio Servicing, Inc. 3815 South West Temple, Salt Lake City, Utah 84165. 2. Defendants, Melvin P. Chestnut and Dottie M. Chestnut are the mortgagors and real owners of premises 1080 Grahams Woods Road, Newville, PA 17241, hereinafter described, whose last known address is listed in the caption. 3. Plaintiff brings this action in mortgage foreclosure against defendants, mortgagors and real owners, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendants, mortgagors and real owners to Contimortgage Corporation on January 23, 1998, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1428, Page 860, secured on premises 1080 Grahams Woods Road, Newville, PA 17241 a true and correct description of which is attached hereto as Exhibit I. 4. The mortgage has since been assigned in writing to the Plaintiff herein. 5. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 6. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been made conformity with the terms of the mortgage, from January 28, 2005 and each month thereafter, up to and including the present time. 7. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance Interest from 12/28/04 to 8/17/05 At $23.44 per diem Accrued late charges Accrued Escrow deficit Corporate Advances Attorney's fee (5% of unpaid Principal Balance) Title Information Certificate Photostats and Postage Notarizations Suspense $100,642.47 $ 5,438.08 $ 747.36 $ 2,580.73 $ 11.35 $ 5,032.12 $ 475.00 $ 50.00 $ 10.00 ($ 69.57) TOTAL $114,917.54 9. 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 Sheriff's sale, reasonable attorney's fees will be charged based on work actually performed. 10. Plaintiff sent to defendants, mortgagors and real owners a combined Notice and Warning of Intention to Foreclose and Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 advising of rights available under the statutes. To date payments have not been received and Act 91 assistance has not been granted although the applicable time periods provided by statute have expired (Exhibit II). WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged premises in the amount of $114,917.54, plus per diem interest at $23.44 from August 18, 2005 to the date of judgment plus costs thereon. Martha E. Von Rosenstiel Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing documents are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. By: ::4't~2S~ Title: Document Control Officer ~~d <t 11105 LEGAL DESCRIPTION ALL THOSE TWO CERTAIN tracts ofland situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Richard L. Ernest, R.L.S., dated March 9,1991 and recorded in the Office ofthe Recorder of Deeds for Cumberland County in Plan Book _, Page TRACT NO. I: BEGINNING at a nail in centerline ofGrahams Woods Road, T-448, at comer of other lands of Melvin P. Chestnut; thence along lands of Chestnut, South 43 degrees 35 minutes 42 seconds East 71.89 feet to an iron pin; thence along lands of Glenn S. Rickabaugh, North 64 degrees 51 minutes 25 seconds West 63.92 feet to a nail in the centerline of Grahams Woods Road, T-448; thence along T-448, North 18 degrees 25 minutes 08 seconds East 26.59 feet to a nail, the place of beginning. CONTAINING 0.0191 acre and designated as Lot R-I on Plan for Chestnut and Rickabaugh. TRACT NO.2: BEGINNING at a nail in centerline ofT-448; thence along lands of Melvin P. Chestnut, North 04 degrees 43 minutes 50 seconds West 260.82 feet to a point; thence along lands of Glenn S. Rickabaugh, South 15 degrees 36 minutes 30 seconds East 103.38 feet to an iron pin; thence still along lands of Rickabaugh, South 02 degrees 15 minutes 09 seconds West 160.49 feet to a nail in the centerline ofT-448, the place of beginning. CONTAINING 0.0584 acre and designated as Lot R-2 on Plan of Chestnut and Rickabaugh, by Richard L. Ernest, RL5., dated March 9,1991. Tax Parcel #43-03-0065-010 TITLE TO SAID PREMISES IS VESTED IN Melvin P. Chestnut and Dottie M. Chestnut, his wife by Deed from Glenn S. Rickabaugh and Lillian L. Rickabaugh, his wife dated 1i29il992 and recorded 2/15il995 in Book 118, Page 600. EXHIBIT~ SPSI~;.!i'('; . SE~VrCINC. inc. P.O. Box 551170 Jacksonville, FL 32255-1170 . --- 7182 6389 3060 0622 2681 June 03, 2005 MELVIN P CHESTNUT DOTTIE M CHESTNUT 1080 GRAHAMS WOODS RD NEWVILLE, P A 17241 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort!!8l!e on your home is in default and the lender intends to foreclose. 8Decific information about the nature of the default is nrovided in the attached DBiles. The HOMEOWNER S MORTGAGE ASSISTANCE PROGRAM iliEMAP\ may be able to helD to save Your home. This Notice crotalus how the nrooram works. To see if HEMAP can helD. YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with YOU when YOU meet with tbe Counselim! Aeenev. The name. address and ohone number of Consumer Credit Counselin12 Al!encies servin!! your Countv are listed at the end of this Notice. If vou have any Questions. vou may call the Pennsvlvania Housintl Finance A!!encv toll~free at (SOO\ 342-2397. Persons with imoaired heann. can caD 1717\ 7Slf.IS69. This Notice contains important legal information. If you bave any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUSTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENClONADO ARRIBA. PUEDES SER ELEGffiLE PARA UN PRESTAMO POR EL PROBRAMA LLAMADO HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Homeowner'sName: Property Address: MELVIN P CHESTNUT, DOTTIE M CHESTNUT 1080 GRAHAMS WOODS RD NEWVILLE PA 17241 2047805243 Loan Acct No.: Original Lender Current Lender / Servicer: Select Portfolio Servicing, Inc. ERl<VRItfCPJ3-ll5 EXHIBIT JL - . ~. HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGmLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE ACT), YOU MAY BE ELIGmLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEF AUL T HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGmILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time, you must arrange and attend a face-to- filce meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30\ DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED HOW TO CURE YOUR MORTGAGE DEFAULT EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telenhone numbers of deshmated con stuller credit cOlUlselinl! al1encies for the county in which the oronertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE your mortgage is in defilult for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner s Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner s Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face.to-filce meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under tbe eligibility criteria established by the Act The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT (Ifyoo have filed bankruptcy you can still apply for Emergancy Mortgage Assistance) LR064 E8000S/NCP/9-00I , ~ HOW TO CURE YOUR MORTGAGE DEFAULT IBrin2 It un to date) NATURE OF mE DEFAULT: The MORTGAGE debt held by the above lender on your property located at: 1080 GRAHAMS WOODS RD NEWVILLE P A 17241 IS SERIOUSL V IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Payment of $830.43 per month due from 01/28/2005 through OS/28/2005 payment (a total of 5 months) : (Mortgage payment includes Escrow Payment of $0.00 per month) : Accrued Late Charges Non-Sufficient Funds (NSP) / Return Check Fees Escrow Advances for Hazard Insurancel Real Estate Taxes and/or Municipal Liens: Other Advances (Property Preservation) : Funds on Account: ** Total Amount DUe: $ 4.152.15 $ 747.36 $ 20.00 $ 2.580.73 $ 0.00 $ 69.57 $ 7,430,67 ** Funds on A ccount typically represent a partial payment of principal and interest received that cannot be applied to the loan. B. YOU HA VB FAILED TO TAKE TIlE FOLLOWING ACTION: (Do not use ifnot applicable) HOW TO CURE mE DEFAULT You may cure the default within TIllRTY (30) DAYS of the date of this Notice BV PAVING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $7,430.67, PLUS ANV MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAV PERIOD. Payments must be made either bv cash. cashier s check. certified check or money order made navable and sent to: Select Portfolio Servicing, Inc. Remittance Processing P.O Box 9001710 Louisville, KY 40290-1710 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (do not use ifnot applicable) IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. Iffull payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney s fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys fees actually incurred by the lender even if they exceed $50.00. Any attorney s fees will be added to the amount you owe the lender, LR064 EBOOOTlNCPIII.OoI ~ ".-- which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney s fees. OTHER LENDER REMEDIES The lender may also sue you personally for the unpaid principal balance aud all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF S SALE If you have uot cured the defauh within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the delimit and prevent the sale at any time up to one hour before the Sheriff s sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney s fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice wiD restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSmLE SHERIFF S SALE DATE It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: PHONE NUMBER: FAX NUMBER: Contact Person: Select Portfolio Servicing, Inc, P.O. Box 65250 Salt Lake City, UT 84165-0250 1-800-635-9698 (801) 293-2600 Michael Vanstaveren NAME OF LENDER: Address: EFFECT OF SHERIFF S SALE You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE Under the terms of your mortgage and note, it may, or may not, be possible to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payrnent5, charges and attorney s fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. You may find out at any time if your loan is assumable by contacting your lender as provided herein. YOU MAY ALSO HAVE THE RIGHT TO: . SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THlS DEBT. . HAVE THlS DEF AUL T CURED BY ANY THlRD PARTY ACTING ON YOUR BEHALF. . HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY LR064 ~aOOOUJNCPI!l.04 .~ Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg, P A 17325 (717) 334-1518 CCCS ofWestemPA 2000 LinglestownRoad Harrisburg, P A 17102 1-888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, P A 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 PhiladelphiaAvenue Waynesboro, P A 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, P A 17110 1-800-342-2397 APMIO'I>lCP/2.05 ~ ~ p t; f . ~ ut ""- () ()- ~ w ~ t ~ r- ~ b J:= ~r, \' i' , n Co:: ~-> ",-::-> :;-'-J -"::"'-1 :;r.~ff" c:::: (j-) ,,~ 'W 9, .... ::r,-"'!] n ..- \-n -q<;; ~'"-'~I ~~) Q ...~ <';"-'<: '::~:~-~.A '-.J \ :-i , ~ -.. ';': ")'~;1 :-<. (.n G" SHERIFF'S RETURN - REGULAR CASE NO: 2005-04330 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUS VS CHESTNUT MELVIN P ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CHESTNUT MELVIN P the DEFENDANT , at 1830:00 HOURS, on the 29th day of Auqust 2005 at 1080 GRAHAMS WOODS ROAD NEWVILLE, PA 17241 by handing to MELVIN P CHESTNUT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.20 .00 10.00 .00 35.20 ~a!;~_,,~ p/~ -r /,.....::.-(!,-/.-~;.-..::>--....- f ~ . , R. Thomas Kline me this ).( day of 08/30/2005 MARTHA VON ROSENSTIEL /~~~ By: Sworn and Subscribed to before SHERIFF'S RETURN - REGULAR CASE NO: 2005-04330 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUS VS CHESTNUT MELVIN P ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CHESTNUT DOTTIE M the DEFENDANT , at 1830:00 HOURS, on the 29th day of August , 2005 at 1080 GRAHAMS WOODS ROAD NEWVILLE, PA 17241 by handing to MELVIN P CHESTNUT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: DOCKeting Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ~c-:.// k~ 7 ./ <" ,c'-.!."(::;.....r R. Thomas Kline 08/30/2005 MARTHA VON ROSENSTIEL Sworn and Subscribed to before By: /' ~~ ?4. Deputy Sheri~ me this ,J( day of A.D. .' #1 7200-TM Martha E. Von Rosenstiel, P,C, Martha E. Von Rosenstiel 649 South Avenue, Unit 7 p.o, Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D,# 52634 Attorney for Plaintiff Manufacturers and Traders Trust Company, as: trustee, on behalf ofthe holders of the Home Equity Loan Pass-Through Certificates, Series : 1998-1 c/o Select Portfolio Servicing, Inc, 3815 South: West Temple Salt Lake City Utah 84165 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 05-4330 Civil Term vs, Melvin p, Chestnut and Dottie M, Chestnut 1080 Grahams Woods Road Newville, P A 17241 Defendants PRAECIPE TO THE PROTHONOTARY: Enter judgment in the sum of$118,667,94 in favor of the above named plaintiff and against the above named defendants for failure to file an answer in the above action in Mortgage Foreclosure within twenty (20) days from date of service of the Civil Action, and assess damages, [ hereby certify that the correct addresses of plaintiff and defendants are as follows: Plaintiff: c/o Select Portfolio Servicing, Inc, 3815 South West Temple Salt Lake City, Utah 84165 Defendants: 1080 Grahams Woods Road Newville, PA 17241 ,._, J -.- M rtha E. Von Rosenstiel At orney for Plaintiff .' Martha E, Von Rosenstiel, p,c. Martha E, Von Rosenstiel 649 South Avenue, Unit 7 P,O, Box 307 Secane, PA 19018 (610) 328-2887 Attorney 1.0.# 52634 Attorney for Plaintiff Manufacturers and Traders Trust Company, as: trustee, on behalf of the holders of the Home Equity Loan Pass-Through Certificates, Series : 1998-1 c/o Select Portfolio Servicing. Inc, 3815 South: West Temple Salt Lake City, Utah 84165 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 05-4330 Civil Term vs. Melvin P. Chestnut and Dottie M. Chestnut 1080 Grahams Woods Road Newville, P A 17241 Defendants ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess damages against the above named defendants as per Civil Action in Mortgage Foreclosure, as follows: Total per complaint Additional interest on unpaid balances from 8/18/05 to 1/24/06 at $23.44 per diem $114,917.54 $ 3,750.40 $11~7.94 Total assessment Martha E. Von Rosenstie1 Attorney for Plaintiff AND NOW, to wit, this ~day of Jao , 2006, damages are assessed as above. Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney l.D.# 52634 Attorney for Plaintiff Manufacturers and Traders Trust Company, as : trustee, on behalf of the holders of the Home Equity Loan Pass-Through Certificates, Series: 1998-1 clo Select Portfolio Servicing, Inc. 3815 South: West Temple Salt Lake City Utah 84165 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 05-4330 Civil Term vs. Melvin P. Chestnut and Dottie M. Chestnut 1080 Grahams Woods Road Newville, PA 17241 Defendants CERTIFICATION OF SERVICE MARTHA E. VON ROSENSTIEL, ESQUIRE, hereby certifies that she is the attorney for the plaintiff herein, and that service of the Notice under Rule 237.5 in the above matter was made on the defendants on September 20, 2005 , as evidenced by the attached postal receipts. This verification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. artha E. Von Rosenstiel, Esquire Attorney for Plaintiff DATED: January 24, 2006 #17200-TM Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 610 328-2887 Attorney I.D.# 52634 Attorney for Plaintiff (l?\'\ ~ fr:i'! \h."(0~ )f Manufacturers and Traders Trust Company, as trustee, on behalf of the holders of the Home Equity Loan Pass-Through Certificates, Series 1998-1 c/o Select Portfolio Servicing, Inc. 3815 South West Temple Salt Lake City, Utah 84165 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Case No: 05-4330 Civil Term vs. Melvin P. Chestnut and Dottie M. Chestnut 1080 Grahams Woods Road Newville, PA 17241 Defendant(s) TO: Melvin P. Chestnut and Dottie M. Chestnut 1080 Grahams Woods Road Newville, PA 17241 Date of Notice: September 20, 2005 IMPORTANT NOTICE ~ ~y";;,i~~ERVICE CERTIFICATE ---. '''\iY=:' ~FAILED TO ENTER A WRITTEN PROVIDEFOR~~~MESTiCANDINTERNATiON OF MAILING ll1t~t"he'::ein'tamp, WRITING WITH THE CE POSTMASTER AL MAIL. DOES NOT ;':~""_ ""'age and FORTH AGAINST YOU. ReceivedFronr Po;""'mark. Inquire of JF THIS NOTICE, A t,' - lffIasfer~or current , MARro ,/ .1\ :[eeoU"'l: !ilG AND YOU MAY LOSE AVON ROSENSTlEL ,4:;;.---- ~ -< 5i 0 ~ o~~ 1 649 SOUTH A VENUE ' . (StY j' f:) T\l, ICE. I F YOU DO NOT UNIT 7 \';li~-:.;; ~lf~ ! FORTH BELOW. THIS OnepieceofordiJ.~ SE/CANE,PAI9018 ?- r;"- .2: CJ l,rf :; A LAWYER. -Jma1addressedro' \0-- L-" ~, , v ~ '" " ;"FICE MAY BE ABLE TO U' ;:> - )> m to \T MAY OFFER LEGAL Ivlelvi"P.C/,eMI.I:ft& ...;',' FEE. Dottie M. Chestnut c::;;o;~1 1080 .Grahams Woods Koaa _ ~ t4cvi'IllIe, PA. 17241 00 V'J V1 PS Form 38/7. Mar.1989 c23-'\ 06 'TI\r- . Martha E. Von Rosenstiel Attorney for Plaintiff #17200-TM MARTHA E. VON ROSENSTlEL, P.C. Martha E. VOD RoseDstiel 649 SOUTH AVENUE UNIT 7 SECANE, PA 19018 (610) 328-2887 Attorney lD # 52634 Attorney for Plaintiff Manufacturers and Traders Trust: Company, as trustee, on behalf of the holders of the Home Equity Loan Pass-Through Certificates, Series 1998-1 c/o Select Portfolio Servicing, Inc. 3815 South West Temple Salt Lake Cit~Utah84165 Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Case No: 05-4330 Civil Term vs. Melvin P. Chestnut and Dottie M. Chestnut 1080 Grahams Woods Road Newville.PA 17241 Defendants NON-MILITARY AFFIDAVIT STATE OF PENNSYLVANIA SS COUNTY OF DELAWARE Martha E. Von Rosenstiel, Esquire, deposes and says: I. That I am the attorney for the plaintiff herein. 2. That the individual involved in this action is the owner of the Premises described in the mortgage or deed of trust. 3. That the procedures of the Law Office of Martha E. Von Rosenstiel, P.c. are designed to discover facts concerning the military status of the mortgagor(s) and/or real owner(s). 4. That said procedures were followed in connection with the instant foreclosure proceeding. 5. Inquiry made with the Department of Defense, has confirmed that the defendant(s) is/are not in the military as evidenced by the attached Exhibit I. 6. That, on information and belief, named mortgagor(s) and real owner(s) is/are not incompetent nor a service member in military service as defined by the Servicemembers Civil Relief Act, 50 V.S.C. Appx. Section 50 . et seq. This verification is made subject to the penalties of 18 Pa.C.S. 94904 rating to unsworn falsification to authorities. M rtha E. Von Rosenstiel Request for Mil}tary Status https:/ /www.dmdc.osd.millseralowals..."a.pre Se lee1 ~, Department of Defense Manpower Data Center JUL-26-200510:10:14 Military Status Report Pursuant to the Service Members' Civil Relief Act "._....~ .~. -.I-~.~'.~'~ '~"~"~~"'~--~~-~"~"~T"~--. .--....--... ~.- ~H~~~ij~rirs_t~i~~e.1 ::;~::~ -ini~~:~: :~7h;~~ti~~~h;d,Jt~:~~6~~::: not L~' J' po~sess any information indicating that the individual is currently on ; actIve duty. =.~~~~~~."~.~ ..~__.'_'=o=~__ .~~=.,~~~~~~ -,~~~._~,_=.',~._c_,._ .. m -"'~~~_".__~_= Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the individual, per the Information provided, as to all branches of the Military. r'-"-, ,..--~ ' f:::;;W') \ ~ 6.- ~ Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Service Members Civil Relief Act [50 USCS Appx. SS 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are most strongly encouraged to contact us by Fax at (703-696-4156) or by phone at (703-696-6762). We will then conduct further research. Your failure to re-contact DMDC may cause provisions of the SCRA to be invoked against you. This response reflects current active duty status only. For historical information, please contact the military services SCRA point of contact. See: http://www.defenselink.mil/faq/pis/PC09SLDR.html. Report 1D:BBTYHYGYIRZ .---;' "-~JI~~"""'1'r I t'."j i; 11--- of 1 712612005 1: 13 PM Reque91 for Mil,itary Status https://www.dmdc.osd.millscralowalsc.ra.prc ~ Select Department of Defense Manpower Data Center JUL-26-200510:10:41 Military Status Report Pursuant to the Service Members' Civil Relief Act 11~:~~~~N~-~lFi;;;~i~dle "B~;~~ctii~ J?U~S!~tU'~ _~-_JS~,;,k~/A~;;~;~~-- J : CHESTNUTt I " Based on the information you have furnished, the DMDC does not I, II I" possess any information indicating that the individual is currently on I! ,I I active duty. .~"~~".- - ---~-~-- -~'~"~--~~~"'-~"-'-"'~"~~-""._-~-_.."~--~- -~~~-, -.-~~~-~~ Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the individual, per the Information provided, as to all branches of the Military. -Z' "..' f2w ') \.~ 6.- J~ Robert 1. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Service Members Civil Relief Act [50 USCS Appx. SS 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are most strongly encouraged to contact us by Fax at (703-696-4156) or by phone at (703-696-6762). We will then conduct further research. Your failure to re-contact DMDC may cause provisions of the SCRA to be invoked against you. This response reflects current active duty status only. For historical information, please contact the military services SCRA point of contact. See: http://www.defenselink.mil/faq/pis/PC09SLDR.html. Report ID:BBSYBYBFSYO I of 1 7/26/2005 I: I 3 PM \.) C: N ~ Q 'F- 'J- "\) - - ~ ~ ~ ~ :: ~ (y F ~ ...0 \) Q ~ ~ '-'-.. , .~ ,0', ~ ,\ .-\ ("~' !'"~ ~.. ') ,,> C.. ; ,-, '.-:1 c'; /----- OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS ONE COURTHOUSE SQUARE CARLISLE, P A 17013 To: Melvin P. Chestnut and Dottie M. Chestnut 1080 Grahams Woods Road Newville, PA 17241 Manufacturers and Traders Trust Company, as trustee, on behalf of the holders of the Home Equity Loan Pass-Through Certificates, Series 1998-1 v. Docket# 05-4330 Civil Term Melvin P. Chestnut and Dottie M. Chestnut Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania. you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. f~hon xu Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration iJ7 jOb Judgment on Verdict Judgment on Court Findings If you have any questions concerning this notice, please call: Attorney: Martha E. Van Rosenstiel, Esquire at this telephone number: 610-328-2887 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS ONE COURTHOUSE SQUARE CARLISLE, PA 17013 To: Melvin P. Chestnut and Dottie M. Chestnut 1080 Grahams Woods Road Newville. PA 17241 Manufacturers and Traders Trust Company, as trustee, on behalf of the holders ofthe Home Equity Loan Pass-Through Certificates, Series 1998-1 v. Docket# 05-4330 Civil Term Melvin P. Chestnut and Dottie M. Chestnut Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania. you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. fa X\X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration '/;12jofo Judgment on Verdict Judgment on Court Findings If you have any questions concerning this notice, please call: Attorney: Martha E. Von Rosenstiel, Esquire at this telephone number: 610-328-2887 '. PRAECIPE FOR WRIT OF EXECUTION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Manufacturers and Traders Trust Company, as trustee, on behalf of the holders of the Home Equity Loan Pass-Through Certificates, Series 1998-1 v. NO. 05-4330 Civil Term Melvin P. Chestnut and Dottie M. Chestnut Praecipe for Writ of Execution TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: AMOUNT DUE INTEREST from 1/25/06 to SALE DATE At $23.44 per diem (Costs to be added) Martha E. Von Rosenstiel Attorney for Plaintiff $118,667.94 $ 3,140.96 $ ycJ C r ~ 1[1- ~ L - ""v ~ ~ - ~ ~ ("'I t;:, ~o - -+- \J l ";'q-tg. ;- v, () ~ \) ~ ~; -- \...I C1\-l.J~ w ~ -c~, II( l.r\ ).> 111 00 tr) b ;..., 6 o c\)c;CO() I \ I \ I I ). ~-:-c , ,~~ ~ ::: ::: ' ~ - - tJ;:.J n -:. :, - , 't-L 4:- .J:- ~ ,.,';i :: (,' c" - - - .. , LEGAL DESCRIPTION ALL THOSE TWO CERTAIN tracts ofland situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Richard L. Ernest, R.L.S., dated March 9, 1991 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book , Page TRACT NO. I: BEGINNING at a nail in centerline of Grahams Woods Road, T-448, at corner of other lands of Melvin P. Chestnut; thence along lands of Chestnut, South 43 degrees 35 minutes 42 seconds East 71.89 feet to an iron pin; thence along lands of Glenn S. Rickabaugh, North 64 degrees 51 minutes 25 seconds West 63.92 feet to a nail in the centerline of Grahams Woods Road, T-448; thence along T -448, North 18 degrees 25 minutes 08 seconds East 26.59 feet to a nail, the place of beginning. CONTAINING 0.0191 acre and designated as Lot R-I on Plan for Chestnut and Rickabaugh. TRACT NO.2: BEGINNING at a nail in centerline ofT-448; thence along lands of Melvin P. Chestnut, North 04 degrees 43 minutes 50 seconds West 260.82 feet to a point; thence along lands of Glenn S. Rickabaugh, South 15 degrees 36 minutes 30 seconds East 103.38 feet to an iron pin; thence still along lands of Rickabaugh, South 02 degrees 15 minutes 09 seconds West 160.49 feet to a nail in the centerline ofT-448, the place of beginning. CONTAINING 0.0584 acre and designated as Lot R-2 on Plan of Chestnut and Rickabaugh, by Richard L. Ernest, R.L.5., dated March 9, 1991. Tax Parcel #43-03-0065-010 TITLE TO SAID PREMISES IS VESTED IN Melvin P. Chestnut and Dottie M. Chestnut, his wife by Deed from Glenn S. Rickabaugh and Lillian L. Rickabaugh, his wife dated 1/29/1992 and recorded 211511995 in Book 118, Page 600. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-4330 Civil CIVIL ACTION- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUFACTURERS AND TRADERS TRUST COMPANY, AS TRUSTEE, ON BEHLAF OF THE HOLDERS OF THE HOME EQUITY LOAN PASS-THROUGH CERTIFICATES, SERIES 1998-1, Plaintiff (s) From MELVIN P. CHESTNUT AND DOTTIE M. CHESTNUT (I) You are directed to levy upon the property of the defendant (s)and to seil 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 gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(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 hiI11lher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $118,667.94 L.L. $.50 Interest FROM 1I25{06 TO SALE DATE AT $23.44 PER DIEM - $3,140.96 Atty's Comm % Due Prothy $1.00 Atty Paid $133.20 Plaintiff Paid Date: JANUARY 27,2006 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name MARTHA E. VON ROSENSTIEL, ESQUIRE Address: 649 SOUTH AVENUE, UNIT 7 P.O.BOX 307 SECANE, PA 19018 Attorney for: PLAINTIFF Telephone: 610-328-2887 Supreme Court ID No. 52634 .. Martha E. Von Rosenstiel, P.C. Martha E. Von Rosensticl 649 South Avcnuc, Unit 7 P.O. Box 307 Sccanc, PA 19018 (610) 328-2887 Attorncy 1.0.# 52634 Attorney for Plaintiff Manufacturcrs and Tradcrs Trust Company, as : trustce, on behalf of thc holders of the Home Equity Loan Pass-Through Ccrtificates, Scries : 1998-1 c/o Selcct Portfolio Scrvicing, Inc. 3815 South: West Temple Salt Lake City Utah 84165 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 05-4330 Civil Term vs. Melvin P. Chestnut and Dottie M. Chestnut 1080 Grahams Woods Road Newville, P A 17241 Defendants AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DELA WARE MARTHA E. VON ROSENSTIEL, attorney for the plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed the following information concerning the real property located at 1080 Grahams Woods Road, Newville, P A 17241. I. Name and address of owners(s) or reputed owner(s) Melvin P. Chestnu t' 1080 Grahams Woods Road Newville, P A 17241 Dottie M. Chestnut 1080 Grahams Woods Road Newville, P A 17241 2. Name and address of defendant(s) in the judgment: Melvin P. Chestnu t 1080 Grahams Woods Road Newville. PA 17241 Dottie M. Chestnut 1080 Grahams Woods Road Newville, P A 17241 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address of the last recorded holder of every mortgage of record: Beneficial Consumer Discount Company D/b/a Beneficial Mortgage Company of Pennsylvania 419 Stonehedge Drive, Suite 2 Carlisle, P A 17013 5. Name and address of every other person who has any record lien on the property: 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: NONE 7. Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau I Courthouse Square Carlisle, P A 17013 Cumberland County Register of Wills County Courthouse Carlisle, PA 17013 Attorney General of the United States c/o Assistant Attorney General, Tax Division U.S. Department ofJustice Post Office Box 227 Washington, DC 20044 P A Department of Revenue Inheritance Tax Bureau Strawberry Square, Illh Floor Harrisburg, P A 17128-1100 Family Court/Domestic Relations Office One Courthouse Square Carlisle, P A 17013 ," __I i.i, (," (.. Martha E. Von Rosenstiel, P.c. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney LD.# 52634 Attorney for Plaintiff Manufacturers and Traders Trust Company, as : trustee, on behalf of the holders of the Home Equity Loan Pass-Through Certificates, Series : 1998-1 c/o Select Portfolio Servicing, Inc. 3815 South: West Temple Salt Lake City, Utah 84165 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 05-4330 Civil Term vs. Melvin P. Chestnut and Dottie M. Chestnut 1080 Grahams Woods Road Newville, PA 17241 Defendants THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Melvin P. Chestnut and Dottie M. Chestnut 1080 Grahams Woods Road Newville, PA 17241 Your house and/or real estate at 1080 Grahams Woods Road, Newville, P A 17241 is scheduled to be sold at Sheriff's Sale on June 7, 2006 at 10:00 a.m. to enforce the court judgment of$118,667.94 obtained by Manufacturers and Traders Trust Company, as trustee, on behalf of the holders of the Home Equity Loan Pass-Through Certificates, Series 1998-1 against you. NOTICE OF OWNERS RIGHTS YOU MAYBE 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 Manufacturers and Traders Trust Company, as trustee, on behalf of the holders of the Home Equity Loan Pass-Through Certificates, Series 1998-1 the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call (610) 328-2887. 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 contact 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 bid price by calling (610) 328-2887. 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 the 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 (610) 328-2887. 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 a 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 on a date to be announced by the Sheriff. 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 Schedule of Distribution is posted. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCA nON 2 LIBERTY AVENUE CARLISLE, PA 17013 (800) 990-9108 (717) 249-3166 CLAIM FOR EXEMPTION To the Sheriff: I, the above named defendant, claim exemption of property from levy or attachment: (1) From my real property in my possession which has been levied upon, (a) 1 desire that my $300.00 statutory exemption be set-aside in kind (specify real property to be set-aside in kind): I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at (Address) (Telephone Number) I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Signature THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 717 240-6391 LEGAL DESCRIPTION ALL THOSE TWO CERTAIN tracts ofland situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Richard L. Ernest, R.LS" dated March 9, 1991 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book , Page TRACT NO, 1: BEGINNING at a nail in centerline of Grahams Woods Road, T-448, at corner of other lands of Melvin P, Chestnut; thence along lands of Chestnut, South 43 degrees 35 minutes 42 seconds East 71.89 feet to an iron pin; thence along lands of Glenn S, Rickabaugh, North 64 degrees 51 minutes 25 seconds West 63.92 feet to a nail in the centerline of Grahams Woods Road, T-448; thence along T -448, North 18 degrees 25 minutes 08 seconds East 26.59 feet to a nail, the place of beginning. CONTAINING 0.0191 acre and designated as Lot R-1 on Plan for Chestnut and Rickabaugh. TRACT NO.2: BEGINNING at a nail in centerline ofT-448; thence along lands of Melvin P. Chestnut, North 04 degrees 43 minutes 50 seconds West 260.82 feet to a point; thence along lands of Glenn S. Rickabaugh, South 15 degrees 36 minutes 30 seconds East 103.38 feet to an iron pin; thence still along lands of Rickabaugh, South 02 degrees 15 minutes 09 seconds West 160.49 feet to a nail in the centerline ofT-448, the place of beginning. CONTAINING 0.0584 acre and designated as Lot R-2 on Plan of Chestnut and Rickabaugh, by Richard L. Ernest, R.L.5., dated March 9,1991. Tax Parcel #43-03-0065-010 TITLE TO SAID PREMISES IS VESTED IN Melvin P. Chestnut and Dottie M. Chestnut, his wife by Deed from Glenn S. Rickabaugh and Lillian L. Rickabaugh, his wife dated 1/29/1992 and recorded 2/15/1995 in Book 118, Page 600. -~ ;-:1 c ( .. #1 7200-TMCPrY'f'.-.. Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue. Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney 1.0.# 52634 Attorney for Plaintiff ~ Manufacturers and Traders Trust Company, as : trustee, on behalf of the holders of the Home Equity Loan Pass-Through Certificates, Series : 1998-1 c/o Select Portfolio Servicing, Inc. 3815 South: West Temple Salt Lake City Utah 84165 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 05-4330 Civil Term vs. Melvin P. Chestnut and Dottie M. Chestnut 1080 Grahams Woods Road Newville, P A 17241 Defendants AFFIJ)A VIT OF SERVICE OF NOTICES PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DELA WARE MARTHA E. YON ROSENSTIEL, attorney for the plaintiff in the above action, hereby certifies that service of the Notice under Rule 3129.1, in the above matter was made on the interested parties, set forth below, by regular first class mail, postage prepaid, as evidenced by the attached certificates of mailing: I. Name and address of the last recorded holder of every mortgage of record: Beneficial Consumer Discount Company! D/b/a Bene/icial Mortgage Company of Pennsylvania 419 Stonehedge Drive, Suite 2 Carlisle, P ^ 17013 2. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Tax Claim Bureau J I Courthouse Square Carlisle, P A 17013 Cumberland County Register of Wills J County Courthouse Carlisle. P ^ 17013 " . Attorney General of the United States v c/o Assistant Attorney General, Tax Division U.S. Department of Justice Post Office Box 227 Washington, DC 20044 r/ PA Department of Revenue Inheritance Tax Bureau Strawberry Square, II th Floor Harrisburg. P A 17128-1100 Family Court/Domestic Relations Office / One Courthouse Square Carlisle, P A 17013 Bureau of Compliance ./ Clearance Support SectionlATTN: Sheriffs Sale Dept. 281230 Harrisburg. PA 17129-1230 Dept. of Public Welfare / Box 2675 Harrisburg, P A 171 05 OCCUPANTS/TENANTS J 1080 Grahams Woods Road Newville, PA 17241 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. Section 4904 relatin to unsworn falsification to authorities. - ,. w . ~ .. \1 ,b~<<l lI\l~ ~~ ~ &1\. Ol ,\ l'\~: ~ l~ $~~~ ,,\ E> ~ ,~'-'. Z ,eill "a .6 !!.9~,4..E=- ~t;: 2~ <~ - 816 0.. 3llNn ,: ,. :2 ro E Ii! ,o- w '"~ D. w '"~ ",- .- "'~ (1)0>0 ~"'o DIDo ",,," -..- ill .....'" gl<r"'''" ~ ,..~r- ..~.". r '" '" ;::::-- ,,- ~ :::;,,0 ,,<l. -0 0...... Q) ~o.. 50 ~J:.s::c fIl:=~ ~ ~~5 5 ~ go::OOE '" "" 15.2 ~.~ A' ~ --....., -> & E-m 8.<!! 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Chestnut In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-4330 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned S T A YED per instructions from Attorney Martha V onRosenstiel. Sheriffs Costs: Docketing Surcharge Prothonotary Law Library Poundage Advertising Levy Posting Handbills Postpone Sale Mileage Share of Bills Patriot News Law Journal 30.00 40.00 1.00 .50 20.28 30.00 30.00 30.00 20.00 8.80 19.57 379.40 425.00 $1,034.55 {' 9_ /1-06 ~ S7~~ R. Thomas Kline, Sheriff BY~(}~~ Real Estate Sergeant I.'~ Ok- 5)A FJ ~ /f:l(,3f "" - . Martha E. Von Rosenstiel, P.e. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 Attorney for Plaintiff Manufacturers and Traders Trust Company, as : trustee, on behalf of the holders of the Home : Equity Loan Pass-Through Certificates, Series : 1998-1 c/o Select Portfolio Servicing, Inc. 3815 South: West Temple Salt Lake City Utah 84165 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 05-4330 Civil Term vs. Melvin P. Chestnut and Dottie M. Chestnut 1080 Grahams Woods Road Newville, P A 17241 Defendants AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DELA WARE MARTHA E. VON ROSENSTIEL, attorney for the plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed the following information concerning the real property located at 1080 Grahams Woods Road, Newville, P A 17241. 1. Name and address of owners(s) or reputed owner(s) Melvin P. Chestnu 1"" 1080 Grahams Woods Road Newville, P A 17241 Dottie M. Chestnut 1080 Grahams Woods Road Newville, P A 17241 2. Name and address of defendant(s) in the judgment: Melvin P. Chestnu t 1080 Grahams Woods Road Newville, P A 17241 " Dottie M. Chestnut 1080 Grahams Woods Road Newville, PA 17241 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address of the last recorded holder of every mortgage of record: Beneficial Consumer Discount Company D/b/a Beneficial Mortgage Company of Pennsylvania 419 Stonehedge Drive, Suite 2 Carlisle, PAl 7013 5. Name and address of every other person who has any record lien on the property: 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: NONE 7. Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PAl 7013 Cumberland County Register of Wills County Courthouse Carlisle, P A 17013 Attorney General of the United States c/o Assistant Attorney General, Tax Division U.S. Department of Justice Post Office Box 227 Washington, DC 20044 P A Department of Revenue Inheritance Tax Bureau Strawberry Square, 11 th Floor Harrisburg, PA 17128-1100 Family Court/Domestic Relations Office One Courthouse Square Carlisle, PAl 7013 , .. ~ ..... Bureau of Compliance Clearance Support Section! A TTN: Sheriff s Sale Dept. 281230 Harrisburg, PA 17129-1230 Dept. of Public Welfare Box 2675 Harrisburg, PA 17105 OCCUPANTS/TENANTS 1080 Grahams Woods Road Newville, P A 17241 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. Section 4904 relating to unsworn falsification to authorities. artha E. Von Rosenstiel ttorney for Plaintiff \. Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney LD.# 52634 Attorney for Plaintiff Manufacturers and Traders Trust Company, as : trustee, on behalf of the holders of the Home : Equity Loan Pass-Through Certificates, Series : 1998-1 c/o Select Portfolio Servicing, Inc. 3815 South: West Temple Salt Lake City, Utah 84165 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 05-4330 Civil Term vs. Melvin P. Chestnut and Dottie M. Chestnut 1080 Grahams Woods Road Newville, P A 17241 Defendants THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Melvin P. Chestnut and Dottie M. Chestnut 1080 Grahams Woods Road Newville, PAl 7241 Your house and/or real estate at 1080 Grahams Woods Road, Newville, P A 17241 is scheduled to be sold at Sheriffs Sale on June 7, 2006 at 10:00 a.m. to enforce the court judgment of$118,667.94 obtained by Manufacturers and Traders Trust Company, as trustee, on behalf of the holders of the Home Equity Loan Pass-Through Certificates, Series 1998-1 against you. NOTICE OF OWNERS RIGHTS YOU MAYBE 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 Manufacturers and Traders Trust Company, as trustee, on behalf of the holders of the Home Equity Loan Pass-Through Certificates, Series 1998-1 the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call (610) 328-2887. t 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 contact 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 bid price by calling (610) 328-2887. 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 the 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 (610) 328-2887. 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 a 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 on a date to be announced by the Sheriff. 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 Schedule of Distribution is posted. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCA nON 2 LIBERTY AVENUE CARLISLE, P A 17013 (800) 990-9108 (717) 249-3166 CLAIM FOR EXEMPTION To the Sheriff: I, the above named defendant, claim exemption of property from levy or attachment: (1) From my real property in my possession which has been levied upon, (a) I desire that my $300.00 statutory exemption be set-aside in kind (specify real property to be set-aside in kind): I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at (Address) (Telephone Number) I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Signature THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 717240-6391 t LEGAL DESCRIPTION ALL THOSE TWO CERTAIN tracts ofland situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Richard L. Ernest, R.L.S., dated March 9, 1991 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book , Page TRACT NO.1: BEGINNING at a nail in centerline of Grahams Woods Road, T-448, at corner of other lands of Melvin P. Chestnut; thence along lands of Chestnut, South 43 degrees 35 minutes 42 seconds East 71.89 feet to an iron pin; thence along lands of Glenn S. Rickabaugh, North 64 degrees 51 minutes 25 seconds West 63.92 feet to a nail in the centerline of Grahams Woods Road, T-448; thence along T -448, North 18 degrees 25 minutes 08 seconds East 26.59 feet to a nail, the place of beginning. CONTAINING 0.0191 acre and designated as Lot R-I on Plan for Chestnut and Rickabaugh. TRACT NO.2: BEGINNING at a nail in centerline ofT-448; thence along lands of Melvin P. Chestnut, North 04 degrees 43 minutes 50 seconds West 260.82 feet to a point; thence along lands of Glenn S. Rickabaugh, South 15 degrees 36 minutes 30 seconds East 103.38 feet to an iron pin; thence still along lands of Rickabaugh, South 02 degrees 15 minutes 09 seconds West 160.49 feet to a nail in the centerline ofT-448, the place of beginning. CONTAINING 0.0584 acre and designated as Lot R-2 on Plan of Chestnut and Rickabaugh, by Richard L. Ernest, R.L.5., dated March 9, 1991. Tax Parcel #43-03-0065-010 TITLE TO SAID PREMISES IS VESTED IN Melvin P. Chestnut and Dottie M. Chestnut, his wife by Deed from Glenn S. Rickabaugh and Lillian L. Rickabaugh, his wife dated 1/29/1992 and recorded 2/15/1995 in Book 118, Page 600. . . WRIT OF EXECUTION and/or ATTACHMENT . COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4330 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUFACTURERS AND TRADERS TRUST COMPANY, AS TRUSTEE, ON BEHLAF OF THE HOLDERS OF THE HOME EQUITY LOAN PASS-THROUGH CERTIFICATES, SERIES 1998-1, Plaintiff (s) From MELVIN P. CHESTNUT AND DOTTIE M. CHESTNUT (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 garnishee(s) that: (a) an attaclunent 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 attaclunent 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 $118,667.94 L.L. $.50 Interest FROM 1/25/06 TO SALE DATE AT $23.44 PER DIEM - $3,140.96 Atty's Comm % Due ProthY $1.00 Atty Paid $133.20 Plaintiff Paid Other Costs Date: JANUARY 27,2006 Pro (Seal) By: Deputy REQUESTING PARTY: Name MARTHA E. VON ROSENSTIEL, ESQUIRE Address: 649 SOUTH AVENUE, UNIT 7 P.O.BOX 307 SECANE, PA 19018 Attorney for: PLAINTIFF Telephone: 610-328-2887 Supreme Court ID No. 52634 Real Estate Sale # 15 On February 08, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Upper Frankford Township, Cumberland County, PA Known and numbered as 1080 Grahams Woods Rd. filed with this writ and by this reference incorporated herein. e> c::u::a 5iJ t::::;:J fi) M;; Newville, more fully described on Exhibit "A" Date: February 08, 2006 By: JD~~ Real Estate Sergeant I S:b 'V I - 93:J qaaZ V1~~~~OlH~~~ 11S/~~g3 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: April 7, 14,21,2006 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. SWORN TO AND SUBSCRIBED before me this 21 day of April, 2006 LO\S :::. Si\N~r.:R. t\lotary Puhlic l~^,.".. i,,8(,'~~~.' curnber~~~'~f'~~ur~::'.d,.,. .. \,.r"j',-,::"i,),'.:)\);~ 1:!h"lU:....J, --."\. ~;~'iI'>ll'......~_~,).~"'>II~",:!;~~"~lll"j\.flU.' '1I1lI,JIll -.ai.'~""'<' REAL ESTATE SALE NO. 15 Writ No. 2005-4330 Civil Manufacturers and Traders Trust Company, as trustee, on behalf of the holders of the Home Equity Loan Pass-Through Certificates. Series 1998-1 vs. Melvin P. Chestnut and Dottie M. Chestnut Atty.: Martha Von Rosenstiel LEGAL DESCRIPTION ALL THOSE TWO CERTAIN tracts of land situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Richard L. Ernest. R.L.S., dated March 9, 1991 and recorded in the Office of the Re- corder of Deeds for Cumberland County in Plan Book _. Page _' TRACT NO.1: BEGINNING at a nail in center- line of Grahams Woods Road, T- 448. at corner of other lands of Melvin P. Chestnut; thence along lands of Chestnut. South 43 degrees 35 minutes 42 seconds East 71.89 feet to an iron pin; thence along lands of Glenn S. Rickabaugh. North 64 degrees 51 minutes 25 seconds West 63.92 feet to a nail in the centerline of Grahams Woods Road, T-448; thence along T-448. North 18 degrees 25 minutes 08 seconds East 26.59 feet to a nail, the place of beginning. CONTAINING 0.0191 acre and designated as Lot R-l on Plan for Chestnut and Rickabaugh. TRACT NO.2: BEGINNING at a nail in centerline of T-448; thence along lands of Melvin P. Chestnut. North 04 degrees 43 minutes 50 seconds West 260.82 feet to a point; thence along lands of Glenn S. Rickabaugh. South 15 degrees 36 minutes 30 seconds East 103.38 feet to an iron pin; thence still along lands of Rickabaugh. South 02 degrees 15 minutes 09 seconds West 160.49 feet to a nail in the centerline of T- 448. the place of beginning. CONTAINING 0.0584 acre and designated as Lot R-2 on Plan of Chestnut and Rickabaugh. by Ri- chard L. Ernest, R.L.5., dated March 9. 1991. Tax Parcel #43-03-0065-010 TITLE TO SAID PREMISES IS VESTED IN Melvin P. Chestnut and Dottie M. Chestnut, his wife by Deed from Glenn S. Rickabaugh and Lillian L. Rickabaugh, his wife dated 1/29/1992 and recorded 2/15/ 1995 in Book 118.. Page 600. f. , THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} 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 of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever SInce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of April and the 3rd day(s) of May 2006. 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 of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#15 .,. NOTAR PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ~.