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Home My WebLink About00-00753 - ~ '---". - ~- . ",ii'_ SHERIFF'S RETURN - REGULAR CASE NO: 2000-00753 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY WEST VS FRYMOYER JEFFREY L SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberla.nd County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FRYMOYER JEFFREY L the DEFENDANT , at 0016:00 HOURS, on the 2nd day of March 2000 at 312 PINEWOOD DR SHIREMANSTOWN, PA 17011 by handing to JEFFREY FRYMOYER a true a.nd attested copy of COMPLAINT - MORT FORE together with NOTI CE and at the same time directing His attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.68 .00 10.00 .00 36.68 so;~~~ R. Thomas Kline 03/03/2000 FEDERMAN & PHELAN Sworn and Subscribed to before By: ~~~ tk.~ Deputy Sheriff me this ;;L:l ~day of ~;ur-v-0 A.D. ~Q. Il1jiO,.-,~ Prothonotary , ~ ~,,~ - I-. ~;~" FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO, 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CHASE MORTGAGE COMPANY WEST, F/K1A MELLON MORTGAGE COMPANY 31 00 TRAVIS STREET HOUSTON, TX 77006 TERM Plaintiff NO, <1000- '753 W Te.rM v. CUMBERLAND COUNTY JEFFREY L. FRYMOYER 312 PINEWOOD DRIVE CAMP HILL, PA 17011 Defendant( s) CIVIL ACTION - LAW 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 #: 5701891672 ,-" ~ .,,'" 1, Plaintiff is CHASE MORTGAGE COMPANY WEST, F/KIA MELLON MORTGAGE COMPANY 31 00 TRAVIS STREET HOUSTON, TX 77006 2, The name(s) and last known address(es) of the Defendant(s) are: JEFFREY L. FRYMOYER 312 PINE WOOD DRIVE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 3. On 5/30/86 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CHASE HOME MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No, 817, Page 989. By Assignment of Mortgage recorded 1/26/87 the mortgage was assigned to CHASE MANHATTAN BANK, N.A. which Assignment is recorded in Assignment of Mortgage Miscellaneous Book No. 329, Page 450. By Assignment of Mortgage recorded 6/5/95 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Miscellaneous Book No. 497, Page 479. 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 10/1/99 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. A copy of such notice is attached as Exhibit "A." .~ ....,,- 6. The following amounts are due on the mortgage: Principal Balance Interest 9/1/99 through 111/00 (Per Diem $10,09) Attorney's Fees Cumulative Late Charges 5/30/86 to 1/1/00 Cost of Suit and Title Search Subtotal $37,311.26 1,230.98 1,000,00 61.13 550,00 40,153.3 7 Escrow Credit Deficit Subtotal 0.00 506.93 506,93 TOTAL $40,660.30 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale, If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice ofIntention to Foreclose has been sent to Defendant(s) by Certified Mail, as required by Act 6 of 1974 ofthe Commonwealth of Pennsylvania on the date(s) set forth in the true and correct copy(s) of such notice(s) attached hereto as Exhibit "A". 9. This action does not come under Act 91 of 1983 because the mortgaged premises is not the principal residence of the Defendant( s), WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 40,660.30, together with interest from 1/1/00 at the rate of$10,09 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property, JE.r~ IsI Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff . - ,. H!C_1~ December 03, 1999 Jeffrey L Frymoyer 312 Pinewood Drive Camp Hill, PA 17011- Re: Loan Number 5701891672 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Mortgage Property The mortgage held or serviced by Chase Manhattan Mortgage Corporation (hereinafter we, us, or ours) on your property described above is in serious default because you have not made the monthly payments for: Payments 10-01-99 through 12-03-99 at $ 425.90 each. Late charges have also accrued to this date in the total amount of $ 30.56. Returned check and other charges have accrued in the total amount of $.00. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $ 1,434.26. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying uS the above total amount, plus any additional monthly payment and late charge which may fall due during th~s period. Such payment must be made either by cashier's check, certified check or money order, and made at the office of Chase Manhattan Mortgage Corporation, 3100 Travis Street, Houston, TX 77006 Attn: Prefor@closure Department. Payment may be made by mail, but must be received in our office by the times specified in this letter. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of default is not made with~n THIRTY (30) DAYS, we intend to exercise our right to acceler- ate the mortgage payments. This' means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also, intend to instruct our attorney to start a lawsuit to fore- close your mortgaged property. If the mortgage is foreclosed your DF172/022 -CPI EXHIBIT A ~-'" ~~J ... -'r~ ""'t December 03, 1999 Jeffrey L Frymoyer 86 Queen Ave Enola PA 17025 Re: Loan Number 5701891672 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Mortgage Property The mortgage held or serviced by Chase Manhattan Mortgage Corporation (hereinafter we, us, or ours) on your property described above is in serious default because you have not made the monthly payments for: Payments 10-01-99 through 12-03-99 at $ 425.90 each. Late charges have also accrued to this date in the total amount of $ 30.56. Returned check and other charges have accrued in the total amount of $.00. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $ 1,434.26. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying us the above total amount, plus any additional monthly payment and late charge which may fall due during th1s period. Such payment must be made either by cashier's check, certified check or money order, and made at the office of Chase Manhattan Mortgage Corporation, 3100 Travis Street, Houston, TX 77006 Attn: Preforeclosure Department. Payment may be made by mail, but must be received in our office by the times specified in this letter. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of default is not made with1n THIRTY (30) DAYS, we intend to exercise our right to acceler- ate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorney to start a lawsuit to fore- close your mortgaged property. If the mortgage is foreclosed your DF173/022-CPI EXHIBI,.. A ~ . " _1~ ~, --.;Q,~",;" Page 2 December 03, 1999 5701891672 mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against 1ou, you will still have to pay the reasonable attorney's fee, actually 1ncurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and fore- closure proceedings have begun, you still have the right to cure the de- fault and prevent the sale at any time up to one hour before the Sheriff's foreclosre sale. You may do so by paying the total amount due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the Mortgage. It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately six months from now. A notice of the date of the Sheriff's sale will be sent to you before the sale. Of course, the amount neede.J to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by callin$ us at the following number 1-713-525-8242 or 1-800-366-1230 extens10n 8242. This payment must be in cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgage property and your right to remain in it. If 10U continue to live in the property after the Sheriff's sale, a lawsu1t could be started to evict you. If your lOan waS in default when acquired by Chase Manhattan Mortgage Corporation, you are notified that this is a communication from a debt collector attempting to collect a debt and any information obtained will be used for that purpose. Sincerely, Collection Department Chase Manhattan Mortgage Corporation 1-800-366-1230 DF172/022-CPI EXHIBIT A -~' . ' ALL TIIAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumh,'rlnnu nnu Stat.o of Pennsylvania, more particularly bounded and described as follows, to wit: BEGI~WING at a point on the southern side of Queen Avenue (50 feet wide) at the northeastern corner of Lot No. 7 on the hereinafter mentioned Plan of Lots; thence along the southern side of Queen Avenue North 68.degrees 30 minutes East a distance of 20. fcet to a point at the northwestern corner of Lot No. 9 on said Plan; thence by Lot No, 9, South 21 degrees 30 minutes East a distance of ISO feet to a point on thc northern side of a fifteen foot alley; thence by said alley South 68 degrees 30 minutes West a distance of 20 feet to a point at Lot No.7; tllt'nce by Lot No, 7 I!orth 21 degrees 30 minutes l~est a distance of ISO feet to a point, the place of BEGIfmING. BEING Lot f!o. 8 on a Final Subdivision Plan for Robert D. and Donna R. Leisenring made by D. P. Reaffensperger Associates, Camp Hill, PA" and recorded in the Cumberland County Recorder's Office in Plan Book 34, Page 77. HAV1NG THEREON ERECTED a townhouse known as and numbered 86 Queen Avenue. -~~ - ~ '';''illIO'''>lO< "'lIlIilI_.<l1~ VERIFICATION DEBORAH SPRITZER hereby states that she is ASSISTANT VICE-PRESIDENT of CHASE MORTGAGE COMPANY WEST, FIKIA MELLON MORTGAGE COMPANY 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 in Mortgage Foreclosure 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 unsworn falsification to authorities. j)kJ/~ DATE: d.'- t-{ -00