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HomeMy WebLinkAbout02-1261FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 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 MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff V. NO. d? ' LZIe ( GO, C CUMBERLAND COUNTY STEVEN E. DURHAM ANN M. DURHAM 9 EASTWOOD DRIVE CARLISLE, PA 17013 Defendant(s) CIVIL, ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #:1179000494 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. Plaintiff is CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: STEVEN E. DURHAM ANN M. DURHAM 9 EASTWOOD DRIVE CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 8/23/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1565, Page 1123. . 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 8/1/01 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. 6. The following amounts are due on the mortgage: Principal Balance $129,236.92 Interest 6,912.52 7/1/01 through 3/1/02 (Per Diem $28.33) Attorney's Fees 850.00 Cumulative Late Charges 316.25 8/23/99 to 3/1/02 Cost of Suit and Title Search 750.00 Subtotal $138,065.69 Escrow Credit 35.06 Deficit 0.00 Subtotal 35.06 TOTAL $138,030.63 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $138.030.63, together with interest from 3/1/02 at the rate of $28.33 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. F ERM=PAN, LP By: FkANK FED ERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEING Lot No. 7 on the Plan of Lets known as Jay Ridge Manor, Section "A", as recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book 16, Page 79. SAID lot containing 65 feet along Eastwood Drive, a depth along the North of 150 feet, a width in th,: rear of 130 fcct and a depth along the South of 166.26 feet. HIVING THEREON ERECTED a bi-level dwelling with integral garage known and numbered as 9 East v_ood Drive, Carlisle, Pennsylvania. BEING THE SAME PREMISES which Sherry L. Ford, single woman, by Deed dated October 22, 1990 and recorded October 23. 1990 in the Office of the Recorder of Deeds in and for Cumberland ?r:cr In LCCQ DUUK V, vmuxnd J'1, rage ".L, grancea ana conveyea unto ferry A. anope ana Barbara A. Shope, his wife, Grantors herein. PREMISES BEING ON: 9 EASTWoOD DRIVE VERIFICATION RYAN L. REITMAJER hereby states that she is ASSISTANT SECRETARY of CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. YAN L RE{TMA}?.iER SR. ASStSTMtT SECRETARY R Lo DATE: ? l / °Z' Ric V' x V 0 c C. ?? cti1 rn n' cr G ' r c'? J, c) rv 71, t? O -n 'T Ti ?y f a F? C7 rn r b SHERIFF'S RETURN - REGULAR CASE NO: 2002-01261 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS DURHAM STEVEN E ET AL 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 T1T T7]T7TM TTTM M the DEFENDANT , at 0007:53 HOURS, on the 21st day of March 2002 at 1338 BRYN MAHR ST CARLISLE, PA 17013 by handing to a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service SURCHARGE So Ans 6.00 4.14 10.00 .00 R. Thomas Kline .00 20.14 03/22/2002 FEDERMAN & PHELAN Sworn and Subscribed to before me this yt- day of (., 0 2f9n/?? A.D. -1, g4x- othonotary By - " Depl-ity $17eri SHERIFF'S RETURN - RE^ULAR CASE NO: 2002-01261 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS DURHAM STEVEN E ET AL DOUGLAS DONSEN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE DURHAM STEVEN E the DEFENDANT , at 0008:59 HOURS, on the 18th day of March , 2002 at 9 EASTWOOD DRIVE CARLISLE, PA 17013 STEVE E. DURHAM was served upon by handing to a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 SURCHARGE 10.00 .00 .00 31.45 Sworn and Subscribed to before me this q t day of A.D. „r . JZ r thonotary So Answ s R. Thomas Kline 03/22/2002 FEDERMAN & PHELAN By: Deputy Sheriff FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff VS. STEVEN E. DURHAM ANN M. DURHAM Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County :No.02-1261-CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE ORXCQLOS.JRE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Date: April 3, 2002 byh,SVC DEPT N .J ' D cm' ?c w a N cn FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-1261-CIVIL STEVEN E. DURHAM ANN M. DURHAM Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against STEVEN E. DURHAM and ANN M. DURHAM, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 3/2/02 to 4/29/02 TOTAL $138,030.63 $ 1,671.47 $139,702.10 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. jF*KFED AN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT DATE: I _-21?a ? 0" , PRO PROTHY FEDERMAN AND PHELAN ,BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (715) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff VS. STEVEN E. DURHAM ANN M. DURHAM Defendant(s) TO: STEVEN E. DURHAM 9 EASTWOOD DRIVE CARLISLE, PA 17013 DATE OF NOTICE: APRIL 16, 2002 Attorney for Plaintiff : COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-1261-CIVIL COPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed 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 (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ' 3Aol11-/Z.., &dL,, Z Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff VS. STEVEN E. DURHAM ANN M.DURHAM Defendant TO: ANN M.DURHAM 1338 BRYN MANOR ROAD CARLISLE, PA 17013 DATE OF NOTICE: APRIL 16, 2002 Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-1261-CIVIL COPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 lA/A Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. STEVEN E. DURHAM ANN M. DURHAM Defendant(s). CIVIL DIVISION NO. 02-1261-CIVIL VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant STEVEN E. DURHAM is over 18 years of age and resides at, 9 EASTWOOD DRIVE, CARLISLE, PA 17013. (c) that defendant ANN M. DURHAM is over 18 years of age, and resides at, 1338 BRYN MANOR ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. ?gA ? RANK FE RMAN, ESQUIRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. STEVEN E. DURHAM ANN M. DURHAM Defendant(s). CIVIL DIVISION NO. 02-1261-CIVIL once is given that a Judgment in the above-captioned matter has been entered against you on a- 200 By: EPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESOUIl2E Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY 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." .t7 y i c ? xC. J? c J ) u u.. r,_, cw CS U ? ?J PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, V. No. 02-1261-CIVIL STEVEN E. DURHAM ANN M. DURHAM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $139,702.10 `1 Interest from 4/30/02 to 9/4/02 $ 2,938.88 and Costs (per diem -$22.96) TOTAL $ 142,640.98 QA ANSRAN, F ANK FED AN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. - I 0 W a 0 U O a O U x F a O U U G7 G7 a O O F O O U U A P4 F ti D A z d O W w O w a U L O 0 eo r O 2 FL w M O n M ?a a? a? aU ¢¢9 Uy O ?a A0 ? O F a W M C_ (_ 2-1 J O ro cD SV .n a -;IT Y' ?'C7 =-f11 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Silver Springs in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEING Lot No. 7 on the Plan of Lots known as Jay Ridge Manor, Section "A", as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 16, Page 79. SAID lot containing 65 feet along Eastwood Drive, a depth along the North of 150 feet, a width in the rear of 130 feet and a depth along the South of 166.26 feet. HAVING THEREON ERECTED a bi-level dwelling with integral garage known and numbered as 9 Eastwood Drive, Carlisle, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Steven E. Durham and Ann M. Durham, His Wife by Deed from Terry A. Shope and Barbara A. Shope, his wife dated 8/23/1999 and recorded 8/24/1999 in Record Book 206, Page 350. BEING KNOWN AS: 9 EASTWOOD DRIVE CARLISLE, PA 17013 ?3 (?J N- 0 -iJ `. rlf fl is Y Z 4 0 N ]9 7 zJ 1V ?b 'tJ iV c7 _-n r1 G . i? ?? fT 7a FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION v. Plaintiff, STEVEN E. DURHAM ANN M. DURHAM Defendant(s). CIVIL DIVISION NO. 02-1261-CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. RANK FEDE AN, ESQUIRE Attorney for Plaintiff ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS C o n xA T -p r _ MF r?rr -ra n ? x 1L' ? _t ? CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, V. STEVEN E. DURHAM ANN M. DURHAM Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-1261-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at , 9 EASTWOOD DRIVE, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name STEVEN E. DURHAM ANN M. DURHAM Last Known Address (if address cannot be reasonably ascertained, please indicate) 9 EASTWOOD DRIVE CARLISLE, PA 17013 1338 BRYN MANOR ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name 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) THE CHASE MANHATTAN BANK 1301 OFFICE CENTER DRIVE, #200 FORT WASHINGTON, PA 19034 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 9 EASTWOOD DRIVE CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. APRIL 29.2002 DATE RANK FED ?iMAN, ESQLTIItE? Attorney for Plaintiff (? (7 hJ ? t -C,7 Cn 'i7 f_ 'r. 1?71'll Z :1.7 .? ,.? 'i- -; 7 '?T-., G L,. ? 1. J ( •• CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, V. STEVEN E. DURHAM ANN M. DURHAM Defendant(s). CUMBERLAND COUNTY No. 02-1261-CIVIL APRIL 29, 2002 TO: STEVEN E. DURHAM 9 EASTWOOD DRIVE CARLISLE, PA 17013 ANN M. DURHAM 1338 BRYN MANOR ROAD CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 9 EASTWOOD DRIVE. CARLISLE. PA 17013, is scheduled to be sold at the Sheriffs Sale on 9/4/02 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $139,702.10 obtained by CHASE MANHATTAN MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 4 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Silver Springs in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEING Lot No. 7 on the Plan of Lots known as Jay Ridge Manor, Section "A", as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 16, Page 79. SAID lot containing 65 feet along Eastwood Drive, a depth along the North of 150 feet, a width in the rear of 130 feet and a depth along the South of 166.26 feet. HAVING THEREON ERECTED a bi-level dwelling with integral garage known and numbered as 9 Eastwood Drive, Carlisle, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Steven E. Durham and Ann M. Durham, His Wife by Deed from Terry A. Shope and Barbara A. Shope, his wife dated 8/23/1999 and recorded 8/24/1999 in Record Book 206, Page 350. BEING KNOWN AS: 9 EASTWOOD DRIVE CARLISLE, PA 17013 n ? n :v -n ' -,. T E i:' 'O - mr. v _ _, ?:? . i'C, ro ;, - ' =• r_ c . ?t . ? , ?? _ _??n ==' na .c- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-1261 Civil CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due CHASE MANHATTAN MORTGAGE CORPORATION PLANTIFF(S) From STEVEN E. DURHAM, 9 EASTWOOD DR., CARLISLE PA 17013 and ANN M. DURHAM, 1338 BRYN MANOR RD., CARLISLE PA 17013.. (1) You are directed to levy upon the property of the defendant(s) and to sell REAL ESTATE LOCATED AT 9 EASTWOOD DR., CARLISLE PA 17013 (SEE ATTACHED LEGAL DESCRIPTIO.) (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 garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $139,702.10 L.L. $.50 Interest 4/30/02-9/4/02@$22.96/DAY $2,938.88Due Prothy $1.00 Arty's Comm % Atty Paid $123.59 Plaintiff Paid Other Costs Date: APRI L 29, 2002 REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. CURTIS R. LONG Prothonotary, Civil Division 1 By. l Address: ONE PENN CENTER @ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 AFFIDAVIT OF SERVICE PLAINTIFF CHASE MANHATTAN MORTGAGE CORPORATION DEFENDANT(S) STEVEN E. DURHAM ANN M. DURHAM SERVE STEVEN E. DURHAM AT 9 EASTWOOD DRIVE CARLISLE, PA 17013 CUMBERLAND COUNTY KMD No. 02-1261-CIVIL ACCT. #1179000494 Type of Action - Notice of Sheriffs Sale Sale Date: 9/4/02 SERVED Served and made known to n :E- 1.W r LJ 1NDefendant, on the (1 day of , 200 at 10% cl, o'clocArn., at "IY`\ C???) S`, Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging 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. Other: FTPA Description: A2e '39 Height )Lf ' Weight I (010 W Race a Sex Y Other m(J4S' I, competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed befor me this ?j day of 200 Notary: By: SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Notarial Seal M. Qreason, Notary Public NOT SERVED e Boro, Cumberland County mission Expi t. 9, 2002 =42 , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer ls` Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200-. Notary: By: Vacant 2"d Attempt: Time: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 c ? o Se Q 1 r?•? c7t1 'S7 ? { c N ? . c n AFFIDAVIT OF SERVICE PLAINTIFF CHASE MANHATTAN MORTGAGE CORPORATION DEFENDANT(S) STEVEN E. DURHAM ANN M. DURHAM SERVE ANN M. D= 1338 BRYN OAD CARLISLE, PA 17013 CUMBERLAND COUNTY KMD No. 02-1261-CIVEL ACCT. #1179000494 Type of Action - Notice of Sheriffs Sale Sale Date: 9/4/02 SERVED C Served and made known to 1\j. ?a(1O&ADCVefendant, on the day 1of, , 200 -? _ at`'l i o'clockA,.m., at 038 of q n me-ltl r ' ck . ax I 1 S!? Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging 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. Other: Des q3L IL 'ption: AgeQ Height `l Weight Race Sex Other f<Q I, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy o the otice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before e this r? y of Nota By: PLEASE TT MPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Notarial Seat NOT SERVED Usa M. Oreason, Notary Public Carlisle Boro, Cumberland County mmission Expir . 9, 2002 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer I" Attempt: / / Time: Vacant 2"d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200-. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 C.) r°a O pz- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: CHASE MANHATTAN MORTGAGE CORPORATION ) CIVIL ACTION vs. STEVEN E. DURHAM ) CIVIL DIVISION ANN M. DURHAM ) NO. 02-1261-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, FRANK FEDERMAN, ESQUIRE attorney for CHASE MANHATTAN MORTGAGE CORPORATION hereby verify that on 4/29102 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. Notice of Sale was sent to the Defendant(s) on 4/29/02 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: July 17.2002 ?L ` A Al ?I p i vv?c? FRANK FEDE MAN, ESQUIRE Attorney for Plaintiff 0 0 e VI C R R ? M O a R ^' °awa ?j ? C d way A a+ W a s wOw I 'fl V ? dJ '0 Y EVW z<o ? W = T c Y «_ G t E W Y N ' J F ` UV Y G F? Y K O C N ? P. ? 'gyp Eq°oE? N ? O • j? U ('f 05 l3 9L1L9 t3N'8d d d N ? g E E s Dp 0 F p i, ? Q ?o.E1 4 ro x o C K Y - C Op Y p N 'O G L G C W O m ? - !w A ? O w ? Y N 0 > O O C K m U Y " C N m j co u T E >=T?s '?- O T U E .° '? o c 1 U .E E " ° w w U .E Y E E _ ?.E E Esg T t=- Ev n?a m c ?+ d z 0 0 A A z ? ,? z < N < ? Y N ^X Z C d A v ° Y,„ zit ?C n Ea E a W ? o a A z>0 <x< cz ?a < u aw^ cL? xFp zwM Fw^ x3n aq ?• QO? awG7 a pn aOa< • p < L a < ?w A a ; a . w U ao pe . y x Up p ? Wa •o a cziow 3r xzr?a v,?v' 3 pow E" Uxw z?° 0 n z rA w u CA a (A D wp" oE W ? " E > a? zwc`?G oF w-•a m3 <x ? a a < A =d z> z w ? w z w z 9 6 ,u v io a=u FMw Ho ,u c?u ?os a Fa L = Y az ? T E N M V7 1 4 r- 00 CT O N M z N 7160 3901 9844 8033 8840 TO: ANN M. DURHAM 1338 BRYN MANOR ROAD CARLISLE, PA 17013 7160 3901 9844 8033 8857 TO: STEVEN E. DURHAM 9 EASTWOOD DRIVE CARLISLE, PA 17013 SENDER: KMD REFERENCE: SALES/1179000494 RETURN rRelum ge RECEIPT ed Fee SERVICE Receipt Fee ted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail 7 Qt CF Fp cr, SENDER: KMD REFERENCE: SALES/1179000494 RETURN Postage SERVICE RECEIPT Certified Fee Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail 2.10 1.50 3 22O 7.14 N a u: a c., Nud S? - - l' C_ --p Lo COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Secretary of Veterans Affairs is the grantee the same having been sold to said grantee on the 4th day of Sept A.D., 202002, under and by virtue of a writ Execution issued on the 29th day of April, A.D., 202002, out of the Court of Common Pleas of said County as of Civil Tenn, 2002 Number 1261, at the suit of Chase Manhattan Mtg Corp against Steven E Durham & Ann M is duly recorded in Sheriff's Deed Book No. 253, Page 3245. IN TESTIMONY WHEREOF, I have hereunto set my hand Zo and seal of said office this 40rday of Sept, A.D. 202002. Recorder of Deeds Chase Manhattan Mortgage Corporation In The Court of Common Pleas of VS Cumberland County, Pennsylvania Steven E. Durham and Ann M. Writ No. 2002-1261 Civil Term Durham David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on May 31, 2002 at 9:28 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Steven E. Durham, by making known unto Steve Durham personally, at 9 Eastwood Drive, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 09, 2002 at 5:58 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Ann M. Durham, by making known unto Ann Durham personally, at 1338 Bryn Mawr Rd., Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 08, 2002 at 9:02 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 Steven E. Durham and Ann M. Durham located at 9 Eastwood Drive, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Ann M. Durham, by regular mail to her last known address of 1338 Bryn Mawr Road, Carlisle, PA 17013. This letter was mailed under the date of July 12, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Steven E. Durham, by regular mail to his last known address of 9 Eastwood Drive, Carlisle, PA 17013. This letter was mailed under the date of July 12, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County Pennsylvania, on September 4, 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Secretary of Veterans Affairs, an Officer of the United States of America. It being the highest bid and the best price received for the same Secretary of Veterans Affairs, an Officer of The United States of America of Varo Cleveland (MDP 262 PHI), P.O. Box 99640, Cleveland, OH 44199, being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of $674.53, it being costs. Sheriffs Costs Docketing $30.00 Poundage 13.23 Posting Handbills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 10.35 Certified Mail 2.80 Levy 15.00 Surcharge 30.00 Law Journal 228.20 Patriot News 193.75 Share of Bills 25.20 Distribution of Proceeds 25.00 Sheriffs Deed 29.50 $ 674.53 paid by attorney 9/17/02 Sworn and subscribed to before me This ?O day of? R. Thomas Kline, Sheriff 2002, A.D. BY?JO(? ro 'not ary Real Estate Deputy 30' iU2 o d /.75.f'oQ CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, V. STEVEN E. DURHAM ANN M. DURHAM Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-1261-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 9 EASTWOOD DRIVE, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name STEVEN E. DURHAM ANN M. DURHAM Last Known Address (if address cannot be reasonably ascertained, please indicate) 9 EASTWOOD DRIVE CARLISLE, PA 17013 1338 BRYN MANOR ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name 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) THE CHASE MANHATTAN BANK 1301 OFFICE CENTER DRIVE, 4200 FORT WASHINGTON, PA 19034 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 9 EASTWOOD DRIVE CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and 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. APRIL 29.2002 DATE RANK FEDtMAN, ES UIRE Attorney for Plaintiff ,CHASE MANHATTAN MORTGAGE -CORPORATION Plaintiff, V. STEVEN E. DURHAM ANN M. DURHAM Defendant(s). CUMBERLAND COUNTY No. 02-1261-CIVIL APRIL 29, 2002 TO: STEVEN E. DURHAM 9 EASTWOOD DRIVE CARLISLE, PA 17013 ANN M. DURHAM 1338 BRYN MANOR ROAD CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY. ** Your house (real estate) at, 9 EASTWOOD DRIVE, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on 9/4/02 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $139,702.10 obtained by CHASE MANHATTAN MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Silver Springs in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEING Lot No. 7 on the Plan of Lots known as Jay Ridge Manor, Section "A", as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 16, Page 79. SAID lot containing 65 feet along Eastwood Drive, a depth along the North of 150 feet, a width in the rear of 130 feet and a depth along the South of 166.26 feet. HAVING THEREON ERECTED a bi-level dwelling with integral garage known and numbered as 9 Eastwood Drive, Carlisle, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Steven E. Durham and Ann M. Durham, His Wife by Deed from Terry A. Shope and Barbara A. Shope, his wife dated 8/23/1999 and recorded 8/24/1999 in Record Book 206, Page 350. BEING KNOWN AS: 9 EASTWOOD DRIVE CARLISLE, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-1261 Civil CIVIL ACTION- LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due CHASE MANHATTAN MORTGAGE CORPORATION PLANTIFF(S) From STEVEN E. DURHAM, 9 EASTWOOD DR, CARLISLE PA 17013 and ANN M. DURHAM, 1338 BRYN MANOR RD., CARLISLE PA 17013.. (1) You are directed to levy upon the property of the defendant(s) and to sell REAL ESTATE LOCATED AT 9 EASTWOOD DR., CARLISLE PA 17013 (SEE ATTACHED LEGAL DESCRIPTIO.) (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/are enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $139,702.10 L.L. $.50 Interest 4/30/02-9/4/02@$22.96/DAY $2,938.88Due Prothy $1.00 Atty's Comm % Other Costs Arty Paid $123.59 Plaintiff Paid Date: APRIL 29, 2002 REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Address: ONE PENN CENTER @ SUBURBAN STATION CURTIS R. LONG Prothonotary, Civil Division By: Y?C. G l ?t , i 1617 JFK BLVD., SUITE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 Real Estate Sale #06 On May 9, 2002 the sheriff levied upon the defendant's interest in the real property situated in Silver Springs Township, Cumberland County, PA Known and numbered as 9 Eastwood Drive, Carlisle, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 9, 2002 By: 1d a-t-t o"`Q 18? 6m J -, a U9 t` iA ! Q vim 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 Frank J. Epler being duly sworn according to law, deposes and says: That he is the 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 puiblished 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 23rd and 30th day(s) of July and the 6th day(s) of August 2002. 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 S A L E# 6 ............ ... ....................... Sworn to and subscribed before me 14th day of Adgus,3002 A.D. i Notarial Seal Terry L. Russell, Notary Public REAL ESTATE SALE No. 6 2002-1261 Writ No I City Of Harrisburg, Dauphin County 2006 ires June 6 M ion Ex i C NOTARY PUBLIC . , y p omm ss Civil Term Chase Manhattan My commission expires June 6, 2006 Member. Pennsylvania Assodation Of Notaries Mortgage Corp. vs CUMBERLAND COUNTY SHERIFFS OFFICE Steven E. Durham and Ann M. Durham CUMBERLAND COUNTY COURTHOUSE Atty: Frank Federman CARLISLE, PA. 17013 DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township Statement of Advertising Costs of Silver Springs in the County of Cumberland and Commonwealth of Pennsylvania, more To THE PATRIOT-NEWS CO., Dr. particularly described as follows, BEING Lot No.7 on the Plan of Lots known as For publishing the notice or publication attached Jay Ridge Manor, Section "A", as recorded in the hereto on the above stated dates $ 192.00 office of the Recorder of Deeds for Cumberland Probating same Notary Fee(s) $ 1.75 County in Plan Book 16, Page 79. SAID lot containing 65 feet along Eastwood Total $ 193.75 Drive, a depth along the North of 150 feet, a width in the rear of 130 feet and a depth along the South of 166.26 feet. HAVING THEREON ERECT'ED a hi-level Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... dwelling with integra; garage known and numbered as 9 Eastwood Drive, Carlisle. Pennsylvania. . TITLE TO SAID PREMISES is vested in Steven E. Durham and Ann M. Durham, His wife, by Deed from Terry A. Shope and Barbara A. Shope. his wife, dated 8/23/1999 and recorded 8/24/1999 in Record Book 206, Page 350. BEING KNOWN AS: 9 Eastwood Drive, Carlisle, PA 17013. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 26, AUGUST 2, 9, 2002 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. g ,AL ESTATE SALE NO. 6 Writ No. 2002-1261 Civil Chase Manhattan Mortgage Corporation VS. Steven E. Durham and Ann M. Durham Atty.: Frank Federman ALL THAT CERTAIN tract or par- cel of land and premises, situate, ly- ing and being in the Township of Silver Springs in the County of Cum- berland and Commonwealth of Penn- sylvania, more particularly described as follows: BEING Lot No. 7 on the Plan of Lots known as Jay Ridge Manor, Section -A7, as recorded in the Office of the Recorder of Deeds for Cum- berland County in Plan Book 16. Page 79. SAID lot containing 65 feet along oger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 9 day of AUGUST. 2002 NOTAW. Cad* BOA Cry My Cow E*m March 5,2W5 Eastwood Drive, a depth along the North of 150 feet, a width in the rear of 130 feet and a depth along the South of 166.26 feet. HAVING THEREON ERECTED a bi-level dwelling with integral garage known and numbered as 9 East- wood Drive, Carlisle, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Steven E. Durham and Ann M. Durham, His Wife by Deed from Terry A. Shope and Barbara A. Shope, his wife dated 8/23/1999 and recorded 8/24/1999 in Record Book 206, Page 350. BEING KNOWN AS: 9 EAST- WOOD DRIVE, CARLISLE, PA 17013.