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HomeMy WebLinkAbout00-01832 " FEDERMAN AND PHELAN By: F~FEDERMAN,ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563.7000 ATTORNEY FORPLNNTITF COURT OF COMMON PLEAS CIVIL DIVISION CHASE MORTGAGE COMPANY WEST, FIK/A MELLON MORTGAGE COMPANY 1775 SHERMAN STREET DENVER, CO 80203 Plaintiff TERM NO. Qa:D- 18.3;) C>>>>2leflYl v. CUMBERLAND COUNTY PAUL E. BAILEY, JR. SHARON C. BAILEY 130 MARBETH AVENUE CARLISLE, PA 17013 Defendant( s) CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE **THlS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECENED 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 TillS 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 #: 5801025205 pc, ~,< . - --I 1. Plaintiff is CHASE MORTGAGE COMPANY WEST, F/KIA MELLON MORTGAGE COMPANY 1775 SHERMAN STREET DENVER, CO 80203 2. The name(s) and last known address(es) ofthe Defendant(s) are: PAUL E. BAILEY, JR. SHARON C. BAILEY 130 MARBETH AVENUE CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 6/26/96 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. 1329, Page 387. Said mortgage was modified as set forth in the modification agreement recorded 1/7/00, in Miscellaneous Book No. 635, Page 261. 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 9/1/99 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." .",J_ >- 6. The following amounts are due on the mortgage: Principal Balance Interest 8/1/99 through 3/1/00 (Per Diem $12.92) Attorney's Fees Cumulative Late Charges 6/26/96 to 3/1/00 Cost of Suit and Title Search Subtotal $59,076.34 2,751.96 2,953.00 113.41 550.00 65,444.71 Escrow Credit Deficit Subtotal 37.84 0.00 (37.84) TOTAL $65,406.87 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. ~1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 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 Plaintiffs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; 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 $65,406.87, together with interest from 3/1/00 at the rate of$12.92 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. ~~:r~ /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff - ..,.,.~ . . . " . ,~,~ . '=""",,,,~m,,,",,,,,1lIf RECORD AND RETURN TO: MELLON MORTGAGE COMPANY 'P. O. BOX 4883 HOUSTON, TEXAS 77210 CERTIfiED TO BE 1'\ 'f:')~ ;1;',~ (O~ ."Y a ~ .....,L.' A r .ILct ).,,,- . [Space Above This Line For Recording Datal MORTGAGE 0000326401 THIS MORTGAGE ("Security Instrument") is given on PAUL E BAILEY JR AND SHARON C BAILEY JUNE 26 , 1996 . The mortgagor is ("Borrower"). This Security Instrument is given to MELLON MORTGAGE COMPANY, A COLORADO CORPO~TION which is organized and existing under the laws of THE STATE OF COLORADO , and whose address is 1775 SHERMAN STREET, SUITE 2300, DENVER, COLORADO 80203 ("Lender"). BOlTOwer owes Lender the principal sum of FIFTY FIVE THOUSAND FIVE HUNDRED AND 00/100-------------------------------------------- Dollars (U.S. $ 55,500.00). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on JULY 01. 2011 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications oof the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the perfonnance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND County, Pennsylvania: SEE ATTACHED LEGAL DESCRIPTION which has the addre.s of 130 MARBETH AVE CARLISLE , Pennsylvania IStreetl 17013 [ZlpO:ldel ("Property Address"); [City} TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that BOlTOwer is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. (~JJI. <;" c G PENNSYLV ANIA . Single Family. Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 9/90 PA70-06/91 Pagelof6 . ---", -- I '. ALL THAT CERTAIN piece or parcel of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: On the North by the eastern part of Lot No. 75 on the hereinafter mentioned Plan of Lots; on the East by Marbeth Avenue; on the South by the eastern part of the southern 10 feet of Lot No. 77 on said Plan; on the West by the western part of Lot No. 76 and the western part of said northern 40 feet of Lot No. 77 on said Plan; Fronting 90 feet on said Marbeth Avenue and extending in depth at an even width, 200 feet. BEING the eastern 200 feet of Lot No. 76 and the northern 40 feet of Lot No. 77 on Plan of Lots known as Marriet Acres, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 2, Page 101. -~~-- "'" THIS SECURITY INSTRUMENT combines uniform covenants for national use and non.uniform covenants with limited 'variations by jurisdiction to constitute a uniform security instrument covering real property. I UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of1974 as amended from time to time, 12 U.S.C. S 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one.time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by appliocable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shan pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving ofnotice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding" for whic~ Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender reqUlres. The Insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shan not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. '/}. . vr)")J f.. '\ ( r:>:. FF12 - 06/91 Pago 2 of6 "" . ~,- - ..~ - .~..."~~. ~ A1l'insurance policies and renewals shan be acceptable to Lender and shall include a standard mortgage clause. Lender shall .have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give proIl)pt notice to the insurance carrier and Lender. Lender may make proof oflos~ if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shan be applied to restoration or repair of the Property damaged. if the r~storation or repair is economically feas(ble and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shan be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30.day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borr~wer's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shan pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one~twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. { ') (If ;;0- FF73 . 05/91 Page 3 of6 - . - - " ( B "."~ .' 10. Condemnation. The proceeds of any award or claim for damages1 direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and ~~~~~~ I. . In the event ofa ~tal taking of the Property, the proceeds shall be applied ~ the sums secured by this Secunty Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately ~fore the taking is equal ~ or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and ~nder otherwise agree in writing, the sums secured by this Security Instrument shall ~ reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by ~nder to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to res~nd to ~nder within 30 days after the data the notice is given, ~nder is authorized to collect and apply the proceeds, at its option, either ~ res~ration or repair of the Property or ~ the sums secured by this Security Instrument, whether or not then due. 0 Unless ~nder and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. ll. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by ~nder to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by ~nder in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the tenns of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that ~nder and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the tenns of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the pennitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pennitted limit; and (b) any sums already collected from Borrower which exceeded pennitted limits will be refunded ~ Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless. applicable law requires use of another method. The notice shall be directed ~ the Property Address or any other address Borrower designates by notice to Lender. Any notice to ~nder shall ~ given by first class mail ~ ~nder's address stated herein or any other address ~nder designates by notice to Borrower. Any notice provided for in this Security Instrument shall ~ deemed to have been given to Borrower or ~nder when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions ofthis Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one confonned copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without ~nder's prior written consent, ~nder may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by ~nder if exercise is prohibited by federal law as of the date of this Security Instrument. FF74.05191 Page 4 or6 { (/r' /'J to _ j) .../', 'S c. 62,. h~_' ~-~~ - If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less 'than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of,this period, Lender may invoke any remedies pennitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Rieht to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this B\!curity Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other infonnation required by applicable law. 20. Hazardous Substances. Borrower shall not cause or pennit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to nonnal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fonnaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON.UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. {r/rpJt. 5 CA. FF39 . 05/91 Pale 5 ot6 - -,~~ ~ ,,,,,",,- 22. Release. Upon payment of all sums secured by this Security InstnJment, this Security InstnJment and the estate . conveyed shall tenninate and become void. After such occurrence, Lender shall discharge and satislY this Security InstnJment without charge to Borrower. Borrower shall pay any recordation costs. I 23. Waivers. Borrower,!<> the extent pennitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security InstnJment, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemptiQn from attachment,levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security InstnJment. 25. Purchase Money Mortgage. If any of the debt secured by this Security InstnJment is lent to Borrower to acquire title to the Property, this Security InstnJment shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to, time under the Note. 27. Riders to this Security Instrument. If one or moreo riders are executed by Borrower and recorded together with this Security InstnJment, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security InstnJment as if the rider(s) were a part of this Security InstnJment. [Check applicable box(es)] o Adjustable Rate Rider o Graduated Payment Rider o Balloon Rider o Other(s)[specilY] o o o Condominium Rider Planned Unit Development Rider Rate Improvement Rider o o o 1-4 Family Rider Biweekly Payment Rider Second Horne Rider BY SIGNING BELOW, Borrower accepts and agrees to the tenns and covenants contained in this Security InstnJment and in any rider(s) executed by Borrower and recorded with it. Witnesses: .p('" '1JiS/ C1J.J.. l' av ~ PAUL E BAILEY JR \ (Seal) -Borrower ~)\C\AW\C. 6Wl<~ SHARON C BAILEY , (Seal) -Borrower (Seal) .Borrower (Space Below Thi. LiDe For Acknowledgmentl CUMBERLAND 1996 STATE OF PENNSYLVANIA On this, the 26TH day of appeared PAUL E BAILEY JR AND JUNE SHARON C BAILEY County ss: , before me, the undersigned officer, personally known to me (or satisfactorily proven) to be the person S whose nameS ARE subscribed to the within instnJmer.t and acknowledged that THEY executed the same for the purposes herein contained. IN WITNESS WHERE[ , , N01tilial Seal 0 cia! seal. My commission expires: , Ii Bonn!e.JnOiliI<tJ, .N,Of81YPlib!ic (1..(~~",Cl,(l1 IlInlJlJrm Twp. dut1'illtirlal1d County My C(Al1mis~on E>q;res Sept 25, 1997 !ail iEe,", PennsylvanlaASaoaation of Natalie:; Title of Officer Certificate of Residence of Mortgagee MELLON MORTGAGE COMPANY , Mortgagee wi thin named, hereby certifies that its principal place of business is at 1775 SHERMAN STREET, SUITE 2300, DENVER, COLORADO 80203 ~(IQ,-,~ ( By: PA71.0I\/91 n..__ tJ _.ro 1,- - . " ~".== .~.... CHASE ..., Z 235 359 610 Chase Manhattan Mortgage Corporation 1775 Sherman Street Denver. CO 80203 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Intemational Mail See revefSe Sent 10 January 13, 2000 Post Office, State, & lIP Code Postage $ Paul E Bailey Jr Sharon C Bailey 130 Marbeth Ave Carlisle, PA 17013- Re: Loan Number 5801025205 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortga~e on your home is in default, and the lender intends to foreclose. Spec~fic information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, 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 the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are attached to this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with im- paired hearing can call (717) 780-1869.) This Notice contains important legal information. If rou have any questions, representatives at the Consumer Credit Counsel~ng Agency may be able to help explain it. You mar also want to contact an attorney in your area. The local bar associ- at~on may be able to help you find a lawyer. La Notficacion en adjunto es de suma importancia, pues afecta au derecho a continuar viviendo en su casa. Si no comprende e1 contenida de esta notificacion obtenga una traduccion immediatamente llamando esta agencia (Pennsylvania HOUSING FINANCE AGENCY) sin cargos al numero mencionado arriba. Puedes ser elegible para un prestamo por e1 programa llamado "Homeowners' Emergency Mortgage Assistance Program II al cual puede salvar su cas a de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: CURRENT LENDER/SERVICER: Paul E Bailey Jr Sharon C Bailey 130 Marbeth Ave Carlisle PA 17013 5801025205 Chase Manhattan Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM You may be eligible for financial assistance which can save vour home from foreclosure and help you make future mortgage payments ~f you comply with the provisions of the Homeowner's Emergency Mortgage Assistance Act of 1983 (The "Act"). You may be eligible for emergency mortgage assis- tance if rour default has been caused by circumstance beyond your control, ~f you have a reasonable prospect of being able to pay your mortgage payments, and if you meet other eligibility requirements estab- lished by the Pennsylvania Housing Finance Agency. DE052/016-DHI EXHIBIT J;'\ ~ , . , . '0 CHASE Chase Manhattan Mortgage Corporation 1775 Sherman Street Denver, CO 80203 Page 2 January 13, 2000 5801025205 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-face" meeting with one of the consumer credit counseling agen- cies attached to 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 con. sumer credit counseling agencies attached to this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated con- sumer credit counseling agencies for the county in which the property is located are attached to this Notice. It is only necessary to schedule one face-to.face meeting. Advise your lender immediately of your intent. ions. APPLICATION FOR MORTGAGE ASSISTANCE . Your mortgage is in default 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 ass~stance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, si~ and file a corn. pleted Homeowner's Emergency Assistance Program Appl~cation with one of the designated consumer credit counseling agencies attached to 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.face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER ~IME PERIODS SET FORTH IN THIS LETTER, FORECLO' SURE 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 the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it rec~ives your applica- tion. Durin~ that time, no foreclosure proceedings will be pursued against you ~f you have met the time requirements set forth above. You will be notified directly by the Pennslyvania 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. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) DE052/016.DHI V;:;:"i7,r,'Cl'TA ,,"'II '"",Iiii"o.," . bMd'\).~ \OlijW<<l , ~. ~ , --~ . 0 CHASE Chase Manhattan Mortgage Corporation 1775 Sherman Street Denver, CO 80203 Page 3 January 13, 2000 5801025205 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) . NATURE OF THE DEFAULT . The MORTGAGE debt held by the above lender on your property located at: 130 Marbeth Ave, Carlisle PA 17013, IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYl!!IENTS for September 01, 1999 and sub. sequent payments and the following amount is now past due:o $ 4,030.68. HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 4,030.68, PLUS ANY MORTGAGE PAYl!!IENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pay. ments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Chase Manhattan Mortgage Corporation, 1775 Sherman Street, Denver, CO 80203. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. 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 immediate' ly and you may lose the chance to pay the mortgage in monthly install' ments. If full 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 payoff 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 attorney's 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, 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 and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure pro. ceedings have begun, you still have the right to cure the default and prevent the sale at ~y time up to one hour before the Sheriff's Sale. You may do so by pay~ng 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 will restore your mortgage to the same position as if you had never defaulted. DE053/016.DHI EXHIBIT A '>::i' ,~ ~,. ~"'~,--I .~.... CHASE .., " Chase Manhattan Mortgage Corporation 1775 Sherman Street Denver. CO 80203 Page 4 January 13, 2000 5801025205 EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to rou before the sale. Of course, the amount needed to cure the default w~ll increase the longer you wait. You may find out at any time exactly what the reo quired payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: Chase Manhattan Mortgage Corporation 1775 Sherman Street, Denver, CO 80203 800'458-1017 (303) 837.2225 Attention: Collections Department 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 law. suit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You mayor X may not sell or transfer your home to a buyer or tranferee who wiIl-assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other require. ments of the mortgage are satisfied. 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 PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO 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.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Consumer Credit Counseling Agencies serving your County is attached. Very truly yours, Chase Manhattan Mortgage Corporation Collection Department County Code: 41 DE053/016-DHI EJ<hHBiT A .,~,-- Pennsylvania Housing Finance Agency Homeowner's Emergency Mortgage Assistance Program Consumer Credit Counseling Agencies (Rev. 5/99) Lycoming.Clinton Counc Coaun' 'F es 2138 u:::t: Sc%.,:oaununity Action (STEP) P. O. BOl< 1328 - (Wi5~1ll3=0' 3 port, PA 17703 , ) 26-0587 FA."{ (570) 322.2197 CCCS ot Nortl,eastern P!\. 201 Basin Street . Will' (5-0~) 3 port, PA 17703 , 23.0627 FA."{ (570) 323.6626 CLINTON COUNTY CCCS oCNortheastern P;\ 1631 S AthertOn Se - Suite 100 St3te College. PA 16801 (814) 238-3668 F.~(814) 238-3669 COLUMBlA COm.'TY CCCS oC Nort.'leastern Pennsylvania 1400 Abington Exe<:"~tive Park Suite 1 Clarks Summitt PA 18411 (570) 587-9163 or (800) 922-9537 FA."{ (570) 587-9134/9135 31 W. Market Street PO B 1127 WUkes-Barre. PA 18702 (570) 821-0837 or (SOO) 922-9537 FA."{ (570) 821-1785 Commi.<asion on Economics Opportunity oC Luzerne COWl!:"f 163 .-\m.ber Lane Wtlkes-Barre. PA 18702 (570) 826-0510 or (800) 822-0359 FA."{ (570) 829-1665-CALL BEFORE FA.XING (570) 455-4994 HAZELTON FA."{ (570) 455-563t-CALL BEFORE FA.XING (570) 836.4090 TUNKlL"'''''NOCK Booker T. Washington Center 1720 Holland Street Erie, PA 16503 (814) 453.5744 FA."{ (814) 453-5749 John F. Kennedy Center, Inc. 2021 East 20th St.......t Erie, FA 16510 (814) 898-0400 FAX (814) 898.1243 CCCS of Western Pennsylvania, Inc. 2000 tinglestown Road Harri=burg, PA 17102 (717) 641-1757 Urban. League oC :'tletropolitan Harrisbur;: N. 6th. Street Harri=burg, PA 17101 (717) 234.5925 FA."{ (717) 234.9459 COm.lIluni!:"f -"":ion Comm oC the Capital Region 1514 Oerrv Stteet ~buri:, PA 17104 (717) 232-9757 F.~"{(717) 234-2227 CRAWFORD COUNTY Greater Erie Communi!:"; Action Gommi!:"..ee 18 West 9th Street Erie, PA 16501 1814) 459-4581 F.~(814) 456-0161 Shenango Valley Urban League, Inc 601 Indiana Avenue Farrell, PA 16121 (412) 981-5310 CUMBERLA..'lD COUNTY Financial Counseling Services oC F=k.lin 31 West 3ni Street Wayuesboru, PA 17268 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FA."{ (717) 731-9589 Adams County Housing Authori!:"f 139-143 Carlisle St Gettysburg, PA 17325 (717) 334-1518 F.~"{(717)334-8326 IE, c., ",,' I~ A 0'("00 ",,001"'P l' &o...u5'\~ lJt:JtJ' ,~ PEHHSY\.YAHIA BUu.mH, YOI.. 29, NO. 2:l, JUNE S, 1999 '. " ,. '"" -~~ -, o' . . I '. ALL THAT CERTAIN piece or parcel of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: On the North by the eastern part of Lot No. 75 on the hereinafter mentioned Plan of Lots; on the East by Marbeth Avenue; on the South by the eastern part of the southern 10 feet of Lot No. 77 on said Plan; on the West by the western part of Lot No. 76 and the western part of said northern 40 feet of Lot No. 77 on said Plan; Fronting 90 feet on said Marbeth Avenue and extending in depth at an even width, 200 feet. BEING the eastern 200 feet of Lot No. 76 and the northern 40 feet of Lot No. 77 on Plan of Lots known as Marriet Acres, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 2, Page 101. PREMISES: 130 MARBETH AVENUE .;, ~ " '..r'.".o . -'. ~~ ~~, -....-..- ~~ r, " " VERIFICATION MICHELLE D. VINER hereby states that she is ASSIST ANT VICE-PRESIDENT of CHASE MORTGAGE COMPANY WEST (CO) 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. w~ Michelle D. Viner Assi.stant Vi.ce President ---... DATE: 3 ,'UJ . DIJ ~ . "l -i .;. . SHERIFF'S RETURN - REGULAR CASE NO: 2000-01832 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY WEST VS BAILEY PAUL E JR ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BAILEY PAUL E JR the DEFENDANT , at 0009:32 HOURS, on the 30th day of March , 2000 at 130 MARBETH AVENUE CARLISLE, PA 17013 by handing to SHARON BAILEY 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 Affidavit Surcharge So Answers: 18.00 3.10 .00 10.00 .00 31.10 ~~ ~~J R. Thomas Kline 03/31/2000 FEDERMAN & Sworn and Subscribed to before By: PHELAN <u(\"~ ~. \LH Deputy Sheriff me this It ~ day of ~ o2".vi) A. D. ~ { ~ tJ_ J;u~~~~~-, Oothonotary .0 ,,-~ ~ ~ ' -. SHERIFF'S RETURN - REGULAR CASE NO: 2000-01832 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY WEST VS BAILEY PAUL E JR ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT - MORT FORE BAILEY SHARON C the , 2000 DEFENDANT , at 0009:32 HOURS, on the 30th day of March at 130 MARBETH AVENUE CARLISLE, PA 17013 SHARON BAILEY by handing to a true and attested copy of COMPLAINT -MORT FORE togeth_er with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before o-C;;: me this dt - day of "rhz.... ~ A: D. ..' ( 1 ~f Q. /'h.P'/J~." .O"r.-, tir thonotary :' '=r-7 0 .",.,..., ., So ?~~t R. Thomas Kline 03/31/2000 FEDERMAN & PHELAN By: ~~J. ~ Deputy Sheriff \ FEDERMAN AND PHELAN By: FRANKFEDE~ Identification No. 12248 Two Penn Center Plaza - Suite 900 Philadelphia, P A 19102 (215) 563.7000 Attorney for Plaintiff CHASE MORTGAGE COMWANY WEST, FIKIA MELLON MORTGAGE COMPANY 1775 SHERMAN STREET DENVER, CO 80203 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DMSION Plaintiff : NO. 2000-1832 vs. PAUL E. BAILEY, JR. SHARON C. BAILEY 130 MARBETH AVENUE CARLISLE, P A 17013 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 PAUL E. BAILEY, JR. and SHARON C. BAILEY, Defendant(s), for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest 3/1/00 to 5/2/00 $65,406.87 $813.96 $66,220.83 TOTAL I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rille 237.1, copy attached. 1-- /L4/J1jp) 4/lJ /'\~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~ DATE: fY?~" 4/ ::JDO() t/flh1-!u'.l IJ..~ I I PRO PRO - "TillS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR TIIAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TIllS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATI'EMPT TO COLLECT A DEBT, BUT ONLY ENFOI{CEMENT OF A LIEN AGAINST PROPERTY. .. "'-'._. -~~~ ,<,."""""""'~- \ FEDERMAN AND PHELAN Frank Federman, 'Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION vs. CUMBERLAND COUNTY PAUL E. BAILEY, JR. SHARON C. BAILEY NO. 2000-1832 Defendant(s) TO: PAUL E. BAILEY, JR. 13 0 MARBETH AVENUE CARLISLE, PA 17013 DATE OF NOTICE: APRIL 20. 2000 - THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 ENFORCEMENT OF A 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 FILE COpy Ii !'" :'1 ! I 'I i,:j Frank Federman, Esquire Attorney for Plaintiff '';- 'FEDERMAN AND PHELAN Frank Federman, 'Esquire Identification No. 12248 Two Penn Center Plaza suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff vs. CUMBERLAND COUNTY PAUL E. BAILEY, JR. SHARON C. BAILEY NO. 2000-1832 Defendant TO: SHARON C. BAILEY 130 MARBETH AVENUE CARLISLE, PA 17013 DATE OF NOTICE: APRIL 20, 2000 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 wi thout 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 COUN1Y BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249.3166 FILE COpy Frank Federman, Esquire Attorney for Plaintiff , , FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 CHASE MORTGAGE COMPANY WEST, FIKIA MELLON MORTGAGE COMPANY Attorney for Plaintiff : CUMBERLAND COUNTY : Court of Commoll Pleas Plaintiff : CML DIVISION vs. : NO. 2000-1832 PAUL E. BAILEY, JR SHARON C. BAILEY Defendant(s) 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 fo !lowing 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 PAUL E. BAILEY, JR. is over 18 years of age and resides at 130 MARBETH AVENUE, CARLISLE, P A 17013. (c) that defendant SHARON C. BAILEY is over 18 years of age, and resides at 130 MARBETH AVENUE, CARLISLE, P A 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1/l/-fM k J 4&n,-yM/Yt / FRANK FEDERMAN Attorney for Plaintiff ""f"". .~ - . ',"'-""- . (Rule of Civil Procedure No. 236 - Revised) CHASE MORTGAGE COMPANY WEST, F/KIA MELLON MORTGAGE COMPANY : CUMBERLAND COUNTY : Court of Common Pleas Plaintiff : CIVIL DIVISION vs. : NO. 2000-1832 PAUL E. BAILEY, JR. SHARON C. BAILEY Defendant(s) Notice is given that a Judgment 41 thealiove 'captioned matter has been entered against you on MAY.I.I .2000. . .. . By do--" 2. '77(0;""'# JDEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESOUIRE Attorney for Filing Party SUITE 900 TWO PENN CENTER PLAZA PHILADELPlllA. PA 19102 (215) 563-7000 **TIDS 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 AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ~- , ,- , ~~ '" f-_ _, -'-".." ~~~J!lI1illJf "~~""""_. 0"1' V__I --~-,', " "',. ~~-"--' ,-,--,,,,-~- """"--Y-",~-h'~'-, f__-~-._"'''' 1 ~ \ ~ ~ . 0 p 0 <> ~ 0 0 a U c 0 -n tit s: ::!:: 0"", ~ - ~ -OCt] "'" o::c. lIv CV rnni -< i"njJJ Z:J:J -orn 0 ~ ~l,;.. I - -* ."" :0<:( r ~~-~ Qa ~C) ;t>o I3j ..,:;C ::x .~~ ~g Si 0 ~ N ~ C,v '< .. ~ ~ ~~~'il!!~!";m'~'!'i\'H~'ll~~Wli'lf~!ffW!'!_~;m;~~~"I""_~"",,,,"_,,~~I~: r I If. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 Chase Mortgage Company West, fIkIa Mellon Mortgage Company Plaintiff, Cnmberland Connty ". No. 2000-1832 Panl E. Bailey, Jr. Sharon C. Bailey Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $66.220.83 /' Interest from 5/2/00 . 9/6/00 $1.383.03 and Costs (per diem -$10.89) $66.220.83 TOTAL ~ F FED TWO PENN CEN SUITE 900 PHILADELPHIA, PA 19102 Attorney for Plaintiff ~ , ESQUIRE RPLAZA Note: Please attach description of property.No. ~ "' ~.. rnr '\ , il ~'.. .. = =.... "'...... ..~= :0:= l"- ""-=.... !:Xl....~ ...~ U -e ~ = = ~ Q ~.2'J 1>0.:$ .. - ""= .. z -=...."" oz rll....u rll~ 0 .... ~~ E-< ~'" ~ '" = U --d ...lrll .. "" ~z ~~ ~'E' 0) .. :> Zz ",Sl '"' .:;~ f;lil = = 0) Q Of;lil = Q .=.... en ""U '" ........ ~~ .:0:= 1>0. Q ...,:>= 0) < ~.. ~"" O<:l .0 ~ ~ Sl blI .~ l"- oi: _!:Xl .. ~ -=.... ~ 0'> Q "" .~ E-< .. 0'> UblI .; "" . ~~ :0:=....< S 0'> U~ ..1:: :> !:XlU "" ..~ .... en blIQ . = !:Xl -e . '"' ~ 1>0.0 ""~ f;lil Q . "" .. 0) Ou l= - .. ~~ f;lil~";j g< = "" .~ E-< ",,-= 01:: - - 0- f-< ~~ Q Q ~rll 1>0. Q = = .. i':: ~Z ~~ "".... "" O~ ..~ f;lil6 ~....U ~ U~ ~ ~ "" .... en e~ U en f;lilf;lil f;lil -i::i 0) =~ ~ ..tJ E-<~ 0) "0 - .~ ~ Z~ ~ I"-; ....U -T '_' ,-" ..... L L....,~,;~~_r__."~~_,1'!I!I!llI ,,__ _c,.,- ,~,_~~il!'~'~J~~!\IIfI'll~~~~!I~i .....'- DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: On the North by the eastern part of Lot No. 75 on the hereinafter mentioned Plan of Lots; On the East by Marbeth Avenue; On the South by the eastern part of the southern 10 feet of Lot No. 77 on said Plan; On the West by the western part of Lot No. 76 and the western part of said northern 40 feet of Lot No. 77 on said Plan; Fronting 90 feet on said Marbeth Avenue and extending in depth at an even width, 200 feet. BEING the eastern 200 feet of Lot No. 76 and the northern 40 feet of Lot No. 77 on Plan of Lots know as Marriet Acres, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 2, Page 101. TIrr;.JO SAID PREMISES IS VESTED IN Paul E. Bailey, Jr. and Sharon C. Bailey, Husband an .' e by Deed from ~aul E. Bailey, N/KJA Paul E. Bailey, Jr., and Sharon C. Bailey, Formerl known as Sharon C. Carhn, Husband and Wife dated 3/14/94 recorded 3/18/94 in Record Book 102Y Page 885. . ,,~ ,,,,,,,,," 101 ~~ ~~ ~ ~ . -- "- ~~[~ . ,\'- 0' " " ~ ........... ~ ~-='"- ~~~ c..... <:i "'. r"""~- ,~, ~- ',,"- ~ cJ OJ ~~- 0-, ~ - -- C)o ~.1~,!~~.."", ...JI 0 Cl ~ C Cl s: :x .... -0(:;3 ;po ~;"T1 gJ[2 -< -.-"-"' ~r:,{,:n ~~; CO :06 {-) ~C..~~, ':::':1 :D> .........-'t"i ,.,;>,C_, :x n':n zt-::-C) '~O ..i--'>-c: 5 6m z :.n ~ :< r" -< .........0'.1]' ... ~ , ," , l'i,~I~~~"!ilq~~,...._I"'l"'_~~111J: I _ Chase Mortgage Company West, flk!a Mellon Mortgage Company CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION Paul E. Bailey, Jr. Sharon C. Bailey NO. 2000.1832 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) Chase Morte:ae:e Companv West, f/kIa Mellon Morte:ae:e Companv. 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 130 Marbeth Avenue, Carlisle. PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Paul E. Bailey, Jr. 130 Marbeth Avenue Carlisle, PA 17013 Sharon C. Bailey 130 Marbeth Avenue Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and 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 so indicate.) None ~= , . """ 4. Name and address of the last recorded holder of every mortgage ofrecord: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Pennsylvania Housing Finance Agency 2101 N. Front Street Harrisburg, PA 17105 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 so 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 so indicate.) None 7. Name and address of every other person 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 so indicate.) Tenant/Occupant 130 Marbeth Avenue Carlisle, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Mav 15.2000 DATE ~, !\"-il -, ~ , " ~o>",!~. .,00, 'T''n'"'' ,- ,.. iii. .-iTWrr ,,""- \ . 0 c:> 0 c 0 -n S ::ll: ....; "'""'()r:XJ """ -r: rnrT'i -< r;i;TI z:::r} ~;28 l~ CO ?') i -,-,0 ~ --,--r. ;;...-':.-':0 - '~-).() 9 orn .' (._~ ,-j 7 :]'I 55 ~'-; =< r...:> '< ,= -~ - .......".""~~>'!ll.q!Hl1fl~h,""',"',,,1i\P!~1~~"~_~!lI!lI.I~...~Iti!: FEDE~ANandPHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 TWQ Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 ATTORNEY FOR PLAINTIFF Chase Mortgage Company West, flkla Mellon Mortgage Company CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff. v. CIVIL DMSION Paul E. Bailey, Jr. Sharon C. Bailey NO. 2000-1832 Defendant(s). 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: () 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. ~ I. ..~..". " ~- - ',=~_ ~T"~F' , 1l.!i,,~'!II1 ,,-- 0 <::> 0 c: 0 "'., :::-0." :J\l: :d 'DO:: ::0- -J.::-n mrTI -< j 'J;:= Z:..1:} -~""1m z'--- 0.'0 (J")~~. CO (~) L ~c~) 5: ~~j~ )? r', f~:D ~8 9 c2:~ ~ -, :J1 ~ :::i -< f'0 "" J ~ ~ '. ,"",,_i<~~JI!'J~Bltl~~~~~!$!i~~!~: .. l, Chase Mortgage Company West, f!kIa Mellon Mortgage Company Plaintiff, CUMBERLAND COUNTY No. 2000-1832 v. Paul E. Bailey, Jr. Sharon C. Bailey Defendant(s). May 15, 2000 TO: Paul E. Bailey, JI. Sharon C. Bailey 130 Marbeth Avenue 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 TillS DEBT WAS NOT REAFFIRMED, TillS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at 130 Marbeth Avenue. Carlisle. PA 17013, is scheduled to be sold at the Sheriff's Sale on September 6. 2000 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by Chase Mortl!al!e Company West. f/kIa Mellon Mortl!al!e Company (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the December 6, 2000 Sheriff s Sale. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 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. ~ , ~-~,- " I. 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, P A 17013 (717) 249-3166 (800) 990-9108 :'~ -. .-' ~_1iI DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: On the North by the eastern part of Lot No. 75 on the hereinafter mentioned Plan of Lots; On the East by Marbeth Avenue; On the South by the eastern part of the southern 10 feet of Lot No. 77 on said Plan; On the West by the western part of Lot No. 76 and the western part of said northern 40 feet of Lot No. 77 on said Plan; Fronting 90 feet on said Marbeth Avenue and extending in depth at an even width, 200 feet. BEING the eastern 200 feet of Lot No. 76 and the northern 40 feet of Lot No. 77 on Plan of Lots know as Marriet Acres, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 2, Page 101. TITLE. TO SAID PREMISES IS VESTED IN Paul E. Bailey, Jr. and Sharon C Baile Husband and Wife by Deed from ~aul E. Bailey, N/KJA Paul E. Bailey, Jr., and Sharon'C. BaiI~y, Formerl known as Sharon C. Carlm, Husband and Wife dated 3/14/94 recorded 3/18/94 in Record Book 102Y Page 885. . "~I . H ~ ' """f r:'. ~~, ,., " ~. ~-~,,~ ~."."" ~",,",,,~~,.,, ~I o. (") 0 0 ,- Cl " ,- $': ::It ..,j vc,t) :L' j.:!;:!] n1n'~ -< "r'" 2"::it ~-"! f\1 ._,'"'-- "6 ~~~ co ::0 ~~. ~:: :c::B '-') ~c; -"'- ~~ S' )7"C: ~ -7 .~ ~ ::::; -< .~ ~-"'j ~ . 1!'JI......".4lc~ l!l;.4f~!~m~~!{I~_..;-..,."~.tlM!'I!fI~~_""",, . ~~IR......4~'rP"""""~.!W , Chase Mortgage Co., West, f/k/a Mellon Mortgage Co -vs- Paul E. Bailey, Jr. and Sharon C. Bailey In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-1932 Civil R. Thomas Kline, Sheriff, who being dilly sworn according to law says this writ, is returned Stayed. Sheriff s Costs: Docketing Levy Surcharge County Law Library Postpone Sale Poundage Sworn and Subscribed To Before Me This ? ~ Day o~ 2000,A.D.Qy,. Q.~,Ulf1i Proth'onotary . X:,":"",,,,"C',,~~ ,- ".,- .. "." '1' 30.00 15.00 30.00 1.00 50 20.00 155.32 $251.82 Pd By Atty 5/30/00 SOAn.~ s ~ /p/, " r ~ --~~1'~~ R. Thomas Kline, Sheriff BY.;2t;:;.. ~ Real Estate Deputy \ .1; Q.)L..;( 1'(, '1.3 6l<--' c;r, 7ft, - 4' j Chase Mortgage Company West, f/k/a Mellon Mortgage Company CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CML DIVISION Paul E. Bailey, Jr. Sharon C. Bailey NO. 2000-1832 Defeudant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) Chase Morteaee ComDanv West. f/kla Mellon Morteaee ComDanv, 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 130 Marbeth Avenue. Carlisle. PA 17013. I. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Paul E. Bailey, Jr. 130 Marbeth Avenue Carlisle, PA 17013 Sharon C. Bailey 130 Marbeth Avenue Carlisle, PA 17013 2. Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and 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 so indicate.) None -- "">'- - -' j 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Pennsylvania Housing Finance Agency 2101 N. Front Street Harrisburg, PA 17105 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 so 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 so indicate.) None 7. Name and address of every other person 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 so indicate.) Tenant/Occupant 130 Marbeth Avenue Carlisle, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 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. May 15. 2000 DATE ~" 'r_. I ' .~ .' 11 I: I I I I i I I I, i I P ~ < Chase Mortgage Company West, flk/a Mellon Mortgage Company Plaintiff, CUMBERLAND COUNTY No. 2000.1832 v. Paul E. Bailey, Jr. Sharon C. Bailey Defendant(s). May 15, 2000 TO: Paul E. Bailey, Jr. Sharon C. Bailey 130 Marbeth Avenue Carlisle, P A 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 130 Marbeth Avenue. Carlisle. P A 17013, is scheduled to be sold at the Sheriff's Sale on September 6. 2000 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by Chase Mortl!:al!:e Company West. flk/a Mellon Mortl!:al!:e Company (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the December 6, 2000 Sheriff s Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 0' ~~ ~~~ " , ~ 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 [md 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 ofthe 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 !'". ~~ "= ~'..... ..- . , . DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: On the North by the eastern part of Lot No. 75 on the hereinafter mentioned Plan of Lots; On the East by Marbeth Avenue; On the South by the eastern part of the southern 10 feet of Lot No. 77 on said Plan; On the West by the western part of Lot No. 76 and the western part of said northern 40 feet of Lot No. 77 on said Plan; Fronting 90 feet on said Marbeth Avenue and extending in depth at an even width, 200 feet. BEING the eastern 200 feet of Lot No. 76 and the northern 40 feet of Lot No. 77 on Plan of Lots know as Marriet Acres, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 2, Page 10l. TITLE. TO SAID PREMISES IS VESTED IN Paul E. Bailey, Jr. and Sharon C. Baile, Husbarrd and Wife by Deed from ~aul E. Bailey,N/K1A Paul E. Bailey, Jr., and Sharon C. BaiIey, Formerl known as Sharon C. Carlm, Husband and Wife dated 3/14/94 recorded 3/18/94 in Record Book 102Y Page 885. .,,-- -- . .--=" , . WRIT OF EXECUTION and/or ATTACHMENT NO. 2000-1832 CIVIL 19 CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHE:RIFF OF CUMBERLAND COUNTY: Chase Mortgge Co. West, f/k/a Mellon To satisfy the debt, interest and costs due Mortgage Co. from Paul E. Bailey, Jr. and Sharon C. Bailey, 130 Marbeth PA 17013. PLAINTIFF(S) Ave., Carlisle DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Real estate located at 130 Marbeth Ave., Carlisle PA 17013. (See attached legal description.) .,,',.:' -_,.'\: ,:~ t il:' (2) You are also directed to attach the property of the defendant(s) not levied upon.in the possession of ,V'i I.J,,>:i' '-, ,,'. 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 lhe'defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property olthe defendant(s) not levied upon an subjectlo attachment is found inthe possession of anyone other than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. Atty's Comm % LL Due Prothy Other Costs $.50 $1. 00 Amount Due $66,220.83 Interest fS-2-00 to 9-6-00 $1,383.03 Atty Paid Plaintiff Paid $119.10 Date: May 18, 2000 CURTIS R. LONG by: REQUESTING PARTY: Deputy Name Frank Federman, Esquire Address: Two Penn Center Plaza, Ste. 900 Philadelphia PA 19102 Attorney for: Plaintiff Telephone: (215) 563-7000 Supreme Court ID No. 12248 I.' -". ~ . . ~-, ~ ~ REAL ESTATE SALE No,~.3 . I.Jll/)'Ylo....g ~J ~ tile sheriff levied upon the defendants interest In the real prol1erty situated l~tt (f1'1~_U/J;;- ;:t,~~ Cumberland County, Pa., known and numbered as: jfd 4t!,... _i!.# ~ L1. A ~""L and more fully described on Exhibit "A" fRed with this writ and by this reference incorporated herein. o,te41 ~JJ, ~ ~d~ '-:,"! \! 'It :\""~ )" ~-; t ~!] d "j - ,1'" , ,,, , "I,i] 'il lijil /..." ~ [.-\ Ml1n'. JJlliiilH: , , ,:]"!'::'1 "':, ~;,!;; :~(i 0:>) CVil ~ (fi) /i;JIil ~,' ,,0 ,0 ~-', ~. -~. ~ . . r::::r~~;r.!I~"t!'I!P~~IfI~ _ _ 'If''IIi!ll~~IilIll$li!IH'lj , , " FEDERMAN AND PHELAN By: FRAJ{KFEDE~N IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563.7000 ATTORNEY FOR PLAINTIFF Chase Mortgage Company West, FfKlA MellolJ. Mortgage Company : Cumberland County : Court of Common Pleas Plaintiff : CIVIL DMSION vs. : NO. 2000-1832 Paul E. Bailey, Jr. Sharon C. Bailey Defendant(s) ORDER TO VACATE. DISCONTINUE AND END JUDGMENT. WITHOUT PREJUDICE AND NOW, this &IN. day of ~ ,2000, after consideration of Plaintiffs Motion to Vacate, Discontinue and End Judgment, it is hereby ORDERED AND DECREED that the judgment entered on May 4, 2000 in the amount of $66,220.83 is V ACA TED, DISCONTINUED AND ENDED without prejudice. BYT J. ~,- - - - " .,~-~ 'lli~~~I>~ """'~"""'_:iel:lil _ 'o"","-_~".<,,,,,,~ '~Iii;llil~ 1~1~IU~ <: '""~,,., V'~-_'>'" _.__, , F:LJ:D-{}fhCF (',!: i'loO ",0P"',;:0"'"DY .lJ t', - ~- ":', _-', :-"".('-!t) l/'iJ 1 00 JUN - 9 AN 9: I ! CUMBEi:/t.NID COUNTY ' PENNS\1.WW/A -.,.""-- '1 , , . FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215)563-7000 ATTORNEY FOR PLAINTIFF Chase Mortgage Company West, F/KIA Mellon Mortgage Company : Cumberland County : Court of Common Pleas Plaintiff : CIVIL DIVISION vs. : NO. 2000-1832 Paul E. Bailey, Jr. Sharon C. Bailey Defendant(s) MOTION TO VACATE. DISCONTINUE AND END JUDGMENT. WITHOUT PREJUDICE Plaintiff, by its counsel, Federman and Phelan, petitions this Honorable Court for an Order to vacate, discontinue and end the judgment in the above captioned matter and in support thereof avers the following: 1. Judgment was entered in favor of Plaintiff in this mortgage foreclosure on May 4, 2000 in the amount of$$66, 220.83. 2. Due to reinstatement of Defendants' account, Plaintiff petitions the Court to vacate, discontinue and end the judgment in the instant matter. 3. Plaintiff petitions the Court to vacate, discontinue and end the judgment described above without prejudice. WHEREFORE, Plaintiff respectfully requests that the judgment be vacated, discontinued and ended without prejudice. FEDERMAN AND PHELAN BY:~~"R ~~li2UM.~ Frank Federman, Esq. Attorney for Plaintiff I';, , 7" " , ' ~~ 0_ . ' FEDERMAN AND PHELAN By: FRANKFEDERMAN IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PlllLADELPHIA, PA 19102 (215) 563-7000 ATTORNEY FOR PLAINTIFF Chase Mortgage Company West, FIKIA Mellon Mortgage Company : Cumberland County : Court of Common Pleas Plaintiff : CML DMSION vs. : NO. 2000-1832 Paul E. Bailey, Jr. Sharon C. Bailey Defendant(s) PLAINTIFF'S MEMORANDUM OF LAW Plaintiff petitions this Honorable Court for an order to vacate, discontinue and end judgment entered on May 4, 2000. Plaintiff desires to vacate, discontinue and end the judgment entered due to the reinstatement of Defendants' account. The instant request for relief is, therefore, brought before the judge of motion court for disposition. Accordingly, Plaintiff respectfully requests an Order vacating, discontinuing and ending the judgment without prejudice. Respectfully submitted, FEDERMAN AND PHELAN BY~ ~X'l\D-r---- Frank Federman, Esq. Attorney for Plaintiff VERIFICATION Frank Federman, Esquire, hereby states that he is the attorney for Plaintiff in the instant action, that he is authorized to make this verification, and that the statements made in the foregoing Motion to Vacate, Discontinue and End the Judgment are true and correct to the best of his knowledge, information and belief. The undersigned also understands that his statement herein is made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Date:~ 1~ ~Ov rank Federman, Esq. Attorney for Plaintiff "Cl'. -,- t" , .",. ~, , . FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 ATTORNEY FOR PLAINTIFF Chase Mortgage Company West, F/K/A Mellon Mortgage Company Plaintiff vs. Paul E. Bailey, Jr. Sharon C. Bailey Defendant(s) : Cumberland County : Court of Common Pleas : CIVIL DIVISION : NO. 2000-1832 CERTIFICATION OF SERVICE Frank Federman, Esquire, hereby states that he is the attorney for Plaintiff in this action and that a true and correct copy of the within pleading was sent to the following interested parties on the date indicated below by first class mail, postage prepaid: Paul E. Bailey, JT. Sharon C. Bailey 130 Marbeth Avenue Carlisle, P A 17013 Date:~ :-'"" " - ~ " ~~\l~ rank Federman, Esq. Attorney for Plaintiff . ~~-