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HomeMy WebLinkAbout97-01640 Mellon Mortgage Company -vs- William P.and Kristine Hull In the Court of Common Pleas of Cumberland County. Pennsylvania No. 97-1640 Civil Term R. Thomas Kline. Sheriff who being duly sworn according to law. says this writ is returned STAYED. Sheriff's Costs: Docketing Adver tis ing Pos ting Bi 11s Law Library County Mileage Certified Mail Levy Postpone sale Surcharge Law Jouranal Patriot News Share of Bills Poundage 30.00 15.00 15.00 .50 1.00 12.40 .50 15.00 40.00 6.00 417.50 302.09 26.97 17.84 $ -S9'9 .1),{}-;- Advance costs Sheriff's Costs 1000.00 899.80 100. '0 refund to atty 03-04-1998 $ So answ,r~ ~G.,..,~. '.'_____ " ~/ /. -,.-', . ~. ~. /; ,,-1/,....X , <~~~.....::..~, R. Thomas Kline. Sheriff Sworn and Subscribed To Before Me This ~~ Day of 71~v 1998. A.D. Cl~..w tJ m,lt.. ,!t__. ~r6thonutaryll By .ti;hn'Jl.~ Deputy Sheriff .,.:.J ), .lI oQ ~ ..a l'- L1l L1l .lI IT" Q, "8 I~ ....--..C'--- , , , nETt.."', Ilt":t:'f'T -5EQ>,lCE --'---.~--' ;oS,IMARIUIll.~ f ~1, i - , \!Q \ .. " '\ ...".......t. ~~.~;:: ','; "';":;-: :;:,!,', .,.t,/ .t:',:,.;'~l / .r ';T ~ t: . ~ i l'r' ..... /.f .l .,' :-:;....l..:,......,[......1f(,., SENT TO , , , ~T'O..'~f!~I44T.'?Ij'L..."... :,k~~"n..., d SoO ~;~.~\'A D~!'n. U:nT P 1 ; '!ECH.\:,:CliBU1lG. rA 17055 PS FORM 3800 -tW~ US Postal Service Receipt for Certified Mail - --- --- -- .--. -- - r.ET~ml RECEN SERVICE PlISI~K~.fl1l~ /, .>-:....C, -,,' (,'l '~' :r I (". \ ~ . .\ ~ ! ? , =1 ...~~ " ~,' ,,~\\ :.. ... ' '~)o' "C..'.r.(",E ;~'ff:'f~~ ~';~~l ~~E~ N',/ ~~~,:~i:E:l :nnrf!).€.E .l:E'vl;.'lf.h~EI'T / T;;:"Lj....:.~r.l.:.ll..D'EES I U VI liot ,O~ 'N~P:"AnoN'L l,IIu. III oQ ~ .lI l'- L1l L1l .lI IT" Q, SENT TO: \~-.:..:.\:~ P. !Jilt:, 6i'10 :;r.i--I!VA a:).ltr.:, U\:~ .J i ~ :~'ir.:1..\:,ICSrn;~G, t'.;o. l7,)'joj Receipt for Certified Mail PS FORM 3800 US Postal Service o .. w i5 ~ ~::! ffi~ ...0 o~ "z gee o !;itu "" w... "0 !/.. t;x " w- ~~ ~;;: ~ z g o .. ;!! o .. w .. o ~. ~::! zw wee ...0 o~ "z gee !;(~ "" w... "0 u.. ~a w- u" "w ~x ..~ ~ z ;! " :t ;!! FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (2151 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION MELLON MORTGAGE COMPANY 3100 TRAVIS STREET HOUSTON, TX 77006-3699 TERM plaintiff NO. q'l- lLoLtO c.w.JJT~rrr'l v. CUMBERLAND COUNTY WILLIAM P. HULL KRISTINE HULL 660 GENEVA DRIVE, UNIT #12 MECHANICSBURG, PA 17055 Defendant(s) CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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 COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 1. Plaintiff is 2. MELLON MORTGAGE COMPANY 3100 TRAVIS STREET HOUSTON, TX 77006-3699 The name(s) and last known address(es) of the Defendant(s) are I I I I i ; I. I WILLIAM P. HULL KRISTINE HULL 660 GENEVA DRIVE, UNIT #12 MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/30/92 mortgagor(s) made, executed and delivered a mortguge upon the premises hereinafter described to AMERICAN HOME FUNDING, INC, which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1112, Page 688. By Assignment of Mortgage dated 1/11/93 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 444, Page 891. 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 7/1/96 and each month thereafter are due and unpaid, and by the terms of said mortgage, '-'pon 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 6/1/96 through 2/1/97 (Per Diem $14.24) Attorney's Fees Cumulative Late Charges 12/30/92 to 2/1/97 Cost of suit and Title Search Subtotal $63,967.60 3,474.40 3,198.00 859.50 550.00 72,049.50 Escrow Credit Deficit Subtotal TOTAL 0.00 478.11 478.11 $72,527.61 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because original mortgage amount exceeds $50,000.00. 9. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Couseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "B". FIIA~K FEDERMAN LAwIIE!<E T. PHELAN HAIIOLD N KAPlA~" lOAN P BRODSXY- PETU C CIllO IIEBECCA R. WOODSIDE LULIE E. PUIDA- FRANCIS S, HALLINAN- DANIEL O. SCHMIEO THOMAS A, SABOL THOMAS M, FEDERMAN- MICHELE M, BRADFOIID 1I0SEMARIE DIAMOND- DANIELL! CASCAIIINO- liSA D'ANCELi- -.4J).'IfTTlD IN ,... ...ND NJ --IiEW IEISEr MANAGING 'A~r.vU LAW OFFICES FEDER.'vlAN AND PHELAN st:rrE~ NoD PE!'tN CENTER PL,'~ PHIL.'DELPHIA, PA 1910'1.1~ ':UI'aJ."OJ) FAX .WI J6).H)f TELECO"ER '1l1Sl '6J.SJ}.I BAl'o"KRt:PTCY rELECDPIEII (WI J6I--:616 MEOlA OFFICE 6</.) ~OItTH IlEU.BROt'" \tED'A.'''' :\t.ltl} tml.91417.... ~EW IERSEY OFfiCE SlirTE,Ka SENTR Y OFFICE PLAZA :16 HADDON AVENUE WESTMOtIT. NEW IERSEY 0I1C1 TELECOPIER , lf091 UI-9o&6l THIS NOTICE 1$ SENT TO YOU l~ AN A nBIPT TO COLLECT THE INDEBTEDNESS IIEFERRED TO HEREIN Af\lDANY INFDRMATIDNOBT AINED FROM YOU WILL BE USED FOR THAT PURPOSE, ADMIf\llmATOR DONALD E. CooDMAN January 31, 1997 William p, Hull 660 Geneva Drive, Unit #12 Mechanicsburg, PA 17055 i" Kristine Hull 660 Geneva Drive, Unit #12 Mechanicsburg, PA 17055 r Re: Premises: 660 Ge~eva Drive, Unit #12, Mechanicsburg, PA 17055 Loan No,: 216865 t.~ NOTICE OF INTENTION TO FORECLOSE We represent Mellon Mortgage Company, the holder of the Mortgage on the above-referenced premises, who hereby advises that it will accelerate your Mor::gage (demand payment in full) and pursue the foreclosure remedies permitted by the mortgage unless your loan delinquencies are cured as provided below. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN fu~ ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE, You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid, Likewise, you may request the name and address of the original creditor if different from above, The total delinquency, including late and other charges is $5,185.00 for the months of 7/1/96 through 1/1/97, Your failure to pay the delinquent amount, plus any additional monthly payment and late and other charges (including any accrued interest) that may come due within the next thirty (30) days, will result in the acceleration of all sums due under your Mortgage. After acceleration occurs, a foreclosure action or any other remedy permitted by your mortgage may be instituted, EXH\B\T A @ 3100 Trovi. Street Hou.ton, Texo. 7;006.3699 MAILINO AODAISS. p, 0, Box 2885 Houston. Texos jj252.2885 713.525.8000 Mellon Mortgage Company PAGE 2 IF YOU ATTEND TO FACE-TO-FACE MEETING WITH THIS LENDER, OR WITH A CONSUMER CREDIT COUNSELING AGENCY IDENTIFIED IN THIS NOTICE, NO FURTHER PROCEEDINGS IN MORTGAGE FORECLOSURE MAY TAKE PLACE FOR THIRTY (30) DAYS AFTER THE DATE OF THE MEETING, A MELLON MORTGAGE REPRESENTATIVE CAN BE REACHED AT: P.O. BOX 2885 HOUSTON, TEXAS 77252-2885 3100 TRAVIS STREET HOUSTON, TEXAS 77006-3699 (713) 535-7000 1-800-697-5126 SEE ATTACHED SHEET IT IS NECESSARY TO SCHEDULE ONE FACE-TO-FACE MEETING. YOU SHOULD ADVISE THIS LENDER IMMEDIATELY OF YOUR INTENTIONS. IF YOU HAVE TRIED AND ARE UNABLE TO RESOLVE THIS PROBLEM AT OR AFTER YOUR FACE-TO-FACE MEETING, YOU HAVE THE RIGHT TO APPLY FOR FINANCIAL ASSISTANCE FROM THE HOMEOWNER I S EMERGENCY ASSISTANCE APPLICATION WITH ONE OF THE DESIGNATED CONSUMER CREDIT COUNSELING AGENCIES LISTED ON THE ATTACHED SHEET, AN APPLICATION FOR ASSIS- TANCE MAY ONLY BE OBTAINED FROM A CONSUMER CREDIT COUSELING AGENCY, THE CONSUMER CREDIT COUNSELING AGENCY WILL ASSIST YOU IN FILLING OUT YOUR APPLICATION AND WILL SUBMIT YOUR COMPLETED APP- LICATION TO THE PENNSYLVANIA HOUSING FINANCE AGENCY, YOUR APPLICATION MUST BE FILED OR POSTMARKED, WITHIN THIRTY (30) DAYS OF YOUR FACE-TO-FACE MEETING. IT IS EXTREMELY IMPORTANT THAT YOU FILE YOUR APPLICATION PROMP- TLY. IF YOU DO NOT DO SO, OR IF YOU DO NOT FOLLOW THE ORDER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOU WILL FOREFEIT YOUR ELIGI- BILITY FOR ASSISTANCE. ~,,:"'.).::-,'7 'J~'I" '.' 1, _ 'I ~ 3100 Travi. Street Hou,ton, Texa. 77006.3699 PAGE 3 MAILING AOCA.S' P, O. Box 2885 Hou,ton, Texa. 77252.2885 713.525,8000 Mellon Mortgage Company AVAILABLE FUNDS FOR EMERGENCY MORTGAGE ASSISTANCE ARE VERY LIMITED. THEY WILL BE DISBURSED BY THE AGENCY UNDER THE ELIGI- BILITY CRITERIA ESTABLISHED BY THE ACT. IT IS EXTREMELY IMPORTANT THAT YOUR APPLICATION IS ACCURATE AND COMPLETE IN EVERY RESPECT. THE PENNSYLVANIA HOUSING FINANCE AGENCY HAS SIXTY (60) DAYS TO MAKE A DECISION AFTER IT RECIEVES YOUR APPLICATION. DURING THAT ADDITIONAL TIME, NO FORECLOSURE PROCEEDINGS WILL BE PURSUED AGAINST YOU IF YOU HAVE MET THE TIME REQUIREMENTS SET FORTH ABOVE. YOU WILL BE NOTIFIED DIRECTLY BY THAT AGENCY OF ITS DECISION OF YOUR APPLICATION. THE PENNSYLVANIA HOUSING FINANCE AGENCY IS LOCATED AT 2101 NORTH FRONT STREET, P.O. BOX 8029, HARRISBURG, PA 17105. TELEPHONE NUMBER (717) 780-3800 OR 1-800-342-2397 (TOLL FREE NUMBER) . 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""""- "._- &t""'f~":.~P<. ....'f_~ =! :- :1011 Ir- ....h "11 ,1101 ..-.. .........,.....:..s _:..- c.o_a.If..~-~.'I~ ~.~:s'~:::II~::... ,..-:.--...... ....-'. :..., tfI..l~ ",.,'''L.~'''' .....- ..... =-.... :.--. ,....-'" =--- , -- ~...,..t,;r't ::wd'" :r-:<<r..Jt<r1"l' ICoIA2 ..~tr....=-'" ---"''''' ;::'!1I:i.'',n ",.-:'n:.-.n:: -- -- EXHiBiT "B" \AOM-~ ......-- ......-.,. .. ...- ..-- -- -----......,...-,... ,. .- -CIICI,......,.,., - ~ ......- ..- -"'- ...- ..-- -- ----........- -"...----~ I ~- ......- ..- -..- "".--.' . .......- ....-... .... ..... - ""- -- ...-.....~....~ A,. L._ .-......--- --- ....-- ..... - -'" .... 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EXHI8:T "B" - 2 - All THAT CERTAIN tracr or pnrcel of land and f'"m;..-J, .Iill/(He, lyin8 nnd brin8 in the Township of Upper Allen in ,he COllnty of CUMBERLAND and Commonwealth of "ennsylvania, morc particlllorly described os follmv,,: ALL THAT CERTAIN dwelling unit situated in Sunguild Condominium, Upper Allen Township, Cumberland County, Pennsylvania, designated as. Unit No. 1079-12, in the Declaration and Declaration Plans of sunguildl ':1 Condominium, dated December 6, 19;9, and November 29, 1979, respp.ctively, recorded December 12, 1979, in Cumberland County Misc.; Book 249, Page 784, and Plan Book 37, Page 23, respectively, .and I Amendment to the Declaration and ueclaration Plans of Sunguild Condominium both dated February 28, 1986, both recorded March 31, 1986, in Cumberland County Misc. Book 315, Page 004, and Plan Book 49, Page 129, respectively, under the provisions of the Unit Property Act of the Commonwealth of Pennsylvania (Act of July 3, 1963, P.L. No. 196). TOGETHER with all right of title and interest of, in and to the Common elements as more fully set forth in the aforesaid Declarat.ion of Condominium and Oeclarati.m Plans, as amended from time to time. The Grantees, for and on behalf of the Grantees and Grantees; heirs, personal representatives, successors and assigns, by the acceptance of this Deed, covenant and agree to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the Common Elements as may be assessed from time to time by the Executive Board in accordance with the Unit Proper.ty Act of Pennsylvania; and further covenant and agree that the unit conveyed by this Deed shall be 5uh]p.ct to 0 charge for All amou~t~ so assp-ssed and that, except insofar at! Sections 705 and 7(){j (If said :Jnit f':::opert:y Aci; and uf applicable Sections of the Uniform Condominium Act, may relieve and subsequent unit owner of ,liability fer prior unpaid assessments, this covenant shall run with and bind the land or unit hereby conveyed and all subsequent owners thereof. The Grantees, for and on behalf of the Grantees and the Grantees' heirs, personal representatives, Rllccessors and assigns, by accept.ance of this Deed, acknowledge that this conveyance is subject in every respect to the Declaration, the Declaration Plan, Code of Regulations and all amendments thereto; and the Grantees further acknowledge that each and every provision of the foregoing is essential to the best interest and for the benefit of all unit owners therein. Grantees and all owners of units in said Condominium covenant and agree, as a covenant running with the land, to abide by each and every, provision of said documents. The Grantees, for and on behalf of the Grantees, acknowledge that the Grantees have received, no later than fifteen (15) days prior to this conveyance, a full and complete Public Offering Statement for Sunguild Condominium and, therefore, waive any and all rights under Section 3406(c) of the Uniform Condominium Act, as amended. BEING the same premises which Lowell R, Kratzer and'Chris Kratzer, husband and wife, by Deed dated December Jrd, 1992 and which is intended to be recorded forthwith in the Cumberland County Office of the Recorder of D d d d ' . ee ~,grante nnd conveye unto ~illiam p, Hull and Kristine Hull hu"band ,nd wife 'I t herein. t -. t I. or 8n8ors PREMISES: 660 GENEVA DRIVE, UNIT '12, HECIIANICSBURG, p~JOIYn~ r~tE G04 , I ; , ~"';" \ I . I I! ) ~ , : I: .- " ,: , .',; , ; ~ ; ': " JII'" . ::: F,\ ': V'" H!;!.! . 'il1ll,l.Iiltl LL~;\1 1-:/-: I :.; i'! tJ I,. 1111,,1':: L'~ 1 1 ' , . . ,"I t' 'J '. ';' ';tl1-' I .:. :..: 1 (:Ili: fiE i ;..llr) Cnun t y. t 1;.;-,1.":: 1'.. 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'/ \, .n I~:;~ '/ 1 ',';,'11: '-" :, , ! 1 : : I , , 11 ! : - !, !~ ! 1 , I " I i " .:) : r '_' r ' -j !,I ~ '.' t, . Iq'~' t;j '..11. L lic' (I i ,t' ;Jr.,j;:;lT th.:;, ;;,]111,' tl:11(' dl.,.:.;'~ ;1'.1 :j,_ ,I, .,[,t ,:",.;, ",.- :It<-'fjt" ':: ~ , ~-., r : .;~ i- . ~-! r:> C ~:<" . '::._ r\oj ,_' r::., o~. n~; tw -. '''''?~~~ :---r-----~'---~--~ '--,-__ _,_ ,.,. . \ ,.(1)'.J _ :.1 1 i,' :.' j I.' . " ',JrJ !\;~~. 1 '.: .; ': ~ ~_ '.'Ill"'.:h '. :-F? " ~ 'I L ~'L i; ::t\:; I~n:' \.1":; " ;i;- id: :; :: --KuJ;....},1 e, },4:~-t'T , .~ r-. -:i ['j' ~ .~ 'c- ,~, 1, !....:.,1 7Ji- 97 ~ Y~4-, q. ~ ~ .., . " STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } ss. I, _n ____RQ~~!_I;,J! _ _.a~R.I_~L_ __ _ ____ u __ _ nn ________ __ u ___ _____ __ u__ n_____ Recorder of Deeds in and for said COUnl)' and Slale do hereb)' certify thai Ihe Sherin'. Deed in whieh ________________ FEderal Natl Mtg Assoe . n_____n_______________h_ u_n_nn__n_n___. ________________________h__________ 15 the granlee the same having been sold 10 said grantee on the ___'1.t!>__________n_h______h____n____________ day of ______~~~.!'_Il!~~!n__hn__________n__n_ A, D" t9_J_l!._n_, under and by virtue of a writ______________ Exeeution ' d h 24th __________________________ _____ __ ________ __ ___ __ Issue on t e ______ ____. _______________ ________ ___ July 98 day of ___n__________________n_ A, D" 19______. oul of Ihe Court 01 Cornman Pleas of said Counly as of ________,\:J..'lU_______h_____n________u_________ ___n____n_____n_nn____u____ Term, 19_ 9? n_ Number ___J_f?~L____, al the suit of ___tl.!'_~!~!'__fo!~IL<:.~_____h_____________________________nn____ . William P Hull & Kristine '15 ___________________________________agaln't____________________________________________________ duly recorded in Sherilrs Deed Book No, __n:~~_n__. Page __~~:_______. IN TESTIMONY WHEREOF, I have hereunto set my hand and ,eat of said olliee this u2i!..__ day CJ.-<: ",..,J,.../ 9J of _______________________h_____ A. D" 19________ ~~Jcr--------R~;;;.j;,..~io;~ Cumbelllllcl County, Clrt~le, fA lletOnler of ~E,'pim the fll\l Moc;dll of Jan. 2002 loll Comml1~~' ... Mellon Mortgage Company -vs- William p, Hull and Kristine Hull In the Court of Common Pleas of Cumberland County, Pennsylvania No 9~-1640 Civil Term Kristen D. Mertz Deputy Sheriff, who being duly sworn according to law, says on Oetober I, 1998 at 4:04 P,M, E, 0, S, T, she posted a copy of Real Estate Writ Notiee Poster and Description on the property loeated at 660 Geneva Drive Unit 12, Meehanicsburg, Cumberland County, Pennsylvania, aceording to law, Steve Whistler, Deputy Sheriff, who being duly sworn aeeording to law, says on August 10, 1998 at4:15 o'elock P,M, E, D, S, T" he served a true copy of Real Estate Writ Notiee and Deseription in the above entitled action upon one of the within named defendants to wit: William p, Hull, by handing to Kristine Hull wife, at 660 Geneva Drive Unit 12, Meehanicsburg, Cumberlabnd Couonty, Pennsylvania, and at the same time handing to her personally the said true and attested eopies of the same, Steve Whistler, Deputy Sheriff, who being duly sworn aeeording to law, says on August 10, 1998 at4: 15 o'eloek P,M, E,D, S, T., he served true copy of real Estate Writ Notiee and Deseription in the above entitled action upon one of the within named defendants to wit: Kristine Hull, by handing to Kristine Hull at 660 Geneva Drive Unit 12, Meehanicsburg, Cumberland County, Pennsylvania, its eontents and at the same time handing to her personally the said true and attested eopies of the same, Kristen D, Mertz, Deputy Sheriff, who being duly swom aeeording to law, says on Oetober I, 1998 at 4:05 o'clock P,M, E, D, S, T" she served a true eopy of real Estate Poster, in the above entitled action upon one of the within named defendants to wit: William p, Hull, by handing to Kristine Hull, wife at 660 Geneva Drive Unit 12, Meehanicsburg, Cumberland County, Pennsylvania, its eontents and at the same time handing to her personally the said true and attested eopies of the same, Kristen D, Mertz, Deputy Sheriff, who being duly sworn aeeording to law, says on October I, 1998 at 4: 05 o'e10ck p, M, E, 0, S, T, , she serged a true eopy of real Estate Poster, in the above entitled aetion upon one of the within named defendant to wit: Kristine Hull, by handing to Kristine Hull at 660 Geneva Drive Unit 12, Mechaniesburg, Cumberland County, Pennsylvania, its eontents and at the same time handing to her personally the said true and attested copies of the same, R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the within Real Estate Writ Notiee Poster and Description in the following manner: The Sheriff mailed one of the within named defendants, to wit: William p, Hull a notice of the pendeney of the action by regular mail to his last known address 660 Geneva Drive Unit 12, Meehanicsburg, Pennsylvania, This letter was mailed under the date of October 2, 1998 and was never returned to the SheriIT's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ Notiee Poster and Description in the following manner: Th Sheriff mailed one of the defendants to wit: Kristine Hull a notiee of the penden~y of the aetion by regular mail to her last known address 660 Geneva Drive Unit 12, Meehaniesburg, Pennsylvania, This letter was mailed under the date ofOetober 2,1998 and never returned to the SheriIT's Office , ,ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the TOWDShip of Upper Allen in the County of Cumberland and Commonwealth of Pennsylvania, more Particularly described as follows: ALL THAT CERTAI:-1 dwelling unit sir.Jated in SUI:g'Jild Cor.cominium, Upper Allen Township, Cumberland County, Pennsylvania, designated as Unit No, IOi9-12, in the Declaration and Declaration Plans of Sunguild Condominium, dated December 6, 19i9, and November 29, 1979, respectively, recorded December 12, 1979, in Cumberland County Miscellaneous Book 249, Page 784, and Plan Book 37, Page 23, respeetively, and Amendment to the DeClaration and Declaration Plans of SUnguild Condominium both dated February 28, 1986, both recorded Mareh 31, 1986, in Cumberland County Misc, Book 315, Page 804, and Plan Book 49, Page 129, respectively, under the provisioDS of the Unit Property Act of the COmmonwealth of Pennsylvania (Act of July 3, 1963, P,L. No, 196), TOGETHER with all right of title and interest of, in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans, as amended from time to time, The Grantees, for and on behalf of the Grantees and Grantees; heirs, personal representatives, SUccessors and assigns, by the acceptance of this Deed. covenant and agree to pay such charges for the maimenance of, repairs, to, replacement of and expenses in COnnection with the Common Elements as may be assessed from time to time by the E.xecutive Board in accordance with the Unit Property Act of Pennsylvania; and further covenant and agree that the unit conveyed by this Deed shall be subject to a charge for all amOUnts so assessed and that, except insofar as Sections 705 and 706 of said Unit property ~\ct :.tndM applicable Sections of the Uniform Condominium Act, ma?, relieve and subsequent unit owner of liability for prior unpaid assessments, this covenant shall rl!n with and bind the land or unit hereby conveyed and all subsequent owners thereof, The Grantees, for and on behalf of the Grantees and the Grantees' heirs, personal representatives, SUccessors and assigns, by acceptance of this Deed, acknowledge that this conveyance is subject in every respect to the Declaration, the Declaration Plan, Code of Regulatious and all amendments thereto; and the Grantees further acknowledge that each aGd every provision of the foregoing is essential to the best interest and for the benefit of all unit owners therein, Grantees and all Owners of units in said Condominiurn, covenant and agree, as a Covenant running with the land, to abide by each and every provision of said documents. TAX PARCEL NUMBER: 42-240792-04IA RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN William p, Hull and Kristine Hull, husband & wife by Deed from Lowell R, Kratzer and Chris Kratzer, husband & wife dated 12/3/92 recorded 1/8/93 in Deed Book B-36 Page 1031. 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 OTHBR RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. be sold calling If the Sheriff's Sale to the highest bidder. C2151 563-7000. is not stopped, your property will You may find out the price bid by 2 . sale if of your You may be able to petition the Court to set aside the the bid price was grossly inadequate compared to the value 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 (215) 563-7000. 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 on 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 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 COURT ADMINISTRATOR 4 th floor Cumberland County Courthouse (717) 240-6200 . ALL THA T CERTAIN tract or parcel of land :md premises, siru.:lte, lying md being in the . Township of Upper Allen in the County of Cumberland :md Commonwe:1.lth of Pennsylvania, more pariicularly described :IS follows: ALL THAT CERT:\I:-; dwellin~ unit sirJated in SU::g'Jild Cor.cominiur:l, l'pper Allen Township, Cumberland County, Pennsylv:mia, designated:lS Cnit No, 1079-12, in the Declaration and Declaration Plans of Sunguild Condominium, d.:ited December 6, 1979, and November 29, 1979, respectively, recorded December 12, 1979, in Cumberland County Miscellaneous Book 249, Page 784, and Plan Book 37, Page 23, respectively, and Amendment to the Declaration and Declaration Plans of Sunguild Condominium both dated February 28, 1986, both recorded March 31. 1986, in Cumberland County Misc, Book 315, Page 804, and Plan Book 49, Page 129, respectively, under the provisions of the Unit Property Act of the Commonwealth of Pennsylvania (Act of July 3, 1963, P.L. No, 196), TOGETHER with :1.11 right of title and interest of, in :md to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans, as amended from time to time. The Grantees, for and on behalf of the Grmtees and Grantees; heirs, personal representatives, successors and assigns, by the accept;llIce of this Deed. covenant and agree to pay such charges for the maintenmce of, repairs, to, replacement of:md expeases in connection with the Common Elements as may be assessed from time to time by the E.~ecu[ive Board in accordance with the Unit Property Act of Pennsylvania; and further covenant and agree that the unit conveyed by this Deed shall be subject to a charge for all amounts so :tSsessed and that, except insofar as Sections 705 and 706 of said Unit property Act~d N applicable Se::ions of the t:niform Condominiurn Act,ma:t relieve and subsequent unit owner of liability for prior unpaid assessments, this covenant sh:1.lln;n with and bind the land or unit hereby conveyed and :1.11 subsequent owners thereof, The Grantees, for and on behalf of the Grantees md the Grante::s' heirs, personal represem.:ltives, successors and assians bv acceptance of this Deed, ack.nowlec2e that this conveyance is subject in =' I _ ..... every respect to the Declaration, the Declaration Plan, Ccde of Regulations and all amendments thereto; and the Grmtees further acknowledge that each aGd every provision of the foregoing is essential to the best interest and for the benefit of all unit owners therein. Grantees and all owners of units in said Condominium, covenant and agree, as a covenant ruiming with the land, to abide by each and every provision of said docurnents, TAX PARCEL NUMBER: 42-240792-041:\ RECORD O"'V~ER TITLE TO SAID PRE~lISES IS VESTED r:-; William P. Hull and Kristine Hull. husband & wife by Deed from Lowell R. KratZer md Chris KratZer, husband & wife dated 12/3/92 recorded 1/8/93 in Deed Book 8-36 Page 1031, 4. Name and address of the last recorded holder of every mortgage of record: ~ LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE 5. Name and address of every other person who has any record lien on the property: ~ 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) CUMBERLAND COUNTY DOMESTIC RELATIONS DEPARTMENT CUMBERLAND COUNTY COURTHOUSE SOUTH HANOVER STREET CARLISLE. PA 17013 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 660 GENEVA DRIVE. UNIT #12 MECHANICSBURG. PA 17055 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 authorit'es. Julv 22. 1998 DATE FRA FEDERMAN, ESQUIRE Attorney for Plaintiff .. ".~,... . .' . . JUl L1l '3 53 t'il 'S3 I; , .' ",It , ' " . I ',,' l~'" " FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 ATTORNEY FOR PLAINTIFF MELLON MORTGAGE COMPANY : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION WILLIAM P. HULL KRISTINE HULL NO. 97-1640 V9. . . 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 (xx) 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. JMJ~ ~~{-' FRR K FEDERMAN, ESQUIRE Attorney for Plaintiff WRIT OF EXECUTION and/or AlTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO, ~ - 1640 CIVILJIlll..fiJ;'m CIVIL ACTION. LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy Ihe debl, Inlerest and cosls due Mellon Mortgaqe Canpany from William P. Hull and Kristine Hull PLAINTIFF(S) DEFENDANT(S) (1) You are dlrecled 10 levy upon the property of the defendanl(s) and 10 sell please see legal dpscription (2) You are also directed to allach the property of Ihe defendanl(s) nollevied upon in the possession of GARNISHEE(S) as follows: and to notify Ihe garnishee(s) thaI: (a) an allachmenl has been issued; (b) Ihe garnishee(s) Is/are enjoined from paying any debt to or for Ihe account of the delendanl(s) and from delivering any property oflhe defendanl(s) or olherwise disposing Ihereof; (3) II property of Ihe delendanl(s) nollevied upon an subjecllo allachment is found in Ihe possession of anyone olher than a named garnishee. you are direcled 10 nOlify hirnlherthal hefshe has been added as a garnishee and is enjoined as above slaled, Amount Due $75,389.85 Inlerest 8/29/97 to sale at S12.40 oer diem Ally's Comm % Ally Paid S1019.74 Plaintiff Paid L.L. Due Prolhy SI.00 Olher Cosls .... Dale: July 24. 1998 by: REQUESTING PARTY: Name Frank Federman, Esq. Address: 2 Penn Center Plaza, Suite 900 Philadelphia PA 19102 Allorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No, 12248 Deputy . . FEDERMAN AND PHELAN FRANK FEDERMAN, ESQUIRE Identification No. 12248 Two Penn Center Plaza suite 900 Philadelphia, PA 19102-1799 (2151 563-7000 MELLON MORTGAGE COMPANY ATTORNEY FOR PLAINTIFF I' COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CUMBERLAND COUNTY WILLIAM P. HULL KRISTINE HULL No. 97-1640 Defendant(s) TO: KRISTINE HULL 660 GENEVA DRIVE, UNIT 12 MECHANICSBURG, PA 17055 DATE OF NOTICE: AUGUST 14. 1997 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. 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 Court Administator 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-620,1) , , FEDERMAN AND PIIELAN FRANK FEDERMAN, ESQUIRE Idontification No. 12248 Two Ponn Contor Plaza Suito 900 Philadolphia, PA 19102-1799 (2151 56J-7000 MELLON MORTGAGE COMPANY Plaintiff CIVIL DIVISION ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS vo. CUMBERLAND COUNTY WILLIAM P. IIULL KRIS'l'INE IIULL No. 97-1640 Dofondant(o) TOI WILLIAM P. HULL 660 GENEVA DRIVE, UNIT 12 MECIlANICSBURG, PA 17055 DATE OF NOTICE: AUGUST 14. 1997 TillS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. 'rillS 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. IMPORTANT NOTICE You are in default because you have failed enter a written appoarance 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 Court Administator 4th Floor Cumberland County Courthouse Carlisle, FA 1701J (717)240-6200 . I , I , r ~ . (Rule of civil Procedure No. 236) - Revised IN THE COURT OF COHMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MELLON MORTGAGE COMPANY NO. 97-1640 plaintiff vs. WILLIAM P. HULL KRISTINE HULL Defendants matter Notice is given that a JUdgmentln has been entered against you on . the above-captioned By: DEPUTY contact: If you have any questions concerning this matter, please F~~L1~ Attorney for Party Filing Two Penn Center Plaza, suite 900 Philadelphia, PA 19102 (215) 563-7000 THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. . ......; '" ~ t--.. I ~ ~ :t. \ to \,........ ~ I ""- ~ j --< ..J ....t --.d ">. -- '- ~ to; ..:! 1-; I'.. " - ~ tel' .' ~.2 ..J: ( , ,. ~ ~ 11_ ~.. ..' .'." \:t-. ~ (" " C" ' cr. ,,' ~ " .' ""' W. I '. ~ I ~ 1..... l~i : r q ';. '~j "-l : l.' \., "'-I '3 , . V, " r- .:.) ~ u \r'1 U ~ , '" ........... .. 1 ~ ~ ~ ~ '\.( ~ ,.., :~l :'HZ '':Cl;F.'r GF C::-il."CN PLS.:...3 :f ::~1r.::?:...r~;~ cr'/::. Dr/!3 :C~l "~' ... ........ . -- .... ; , ?::j;:S't:'::;'~ :r.;.. Caption: MELLON MORTGAGE COMPANY Ccnf~s3ed Judgment ! . PPAECIPE tGP '~'R:7 OF E:<EC:..-r:,:N Other I' I I vs. : ~~e Nc, 97-1640 ~unt Due $75.389.85 Interest FROM 8/29/97 TO 12/10/97 WILLIAM P. HULL KRISTINE HULL At:y's Ccmn Costs Issue writ of execution in the above matter to the Sheriff of CUMBERLfu~D County, for debt. interest and costs :J~n the fo:'lowing described prope:-:yof the defendant(s) WILLIAM P. HULL KRISTINE HULL TO nlE PROniOI'OI'AR'l OF THE SAID CCURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment. but if it does. it is based on the appropriate or!.ginal pt":Ceec..:..,g filed pu.rsuant to Ac: 7 of 1966 as Ml!llded; and for real property pursuant to Act 6 of 1974 as arrended. ,. ,.. r' PRAECIPE FOR ATrACl-fo1ENl' EXEx:tJl'ICtl Issue writ of attachrrent to the She:,:f: of CUMBERLAND County, for debt, interest and costs, as above, di=ecting attac:-.rrent aga:.nst the above-nared garnishee(s) fat' the following property (if real estate, supply s:x ccpies of the description; supply four copies of lengthy personalty list) 660 GENEVA DRIVE, UNIT #12 MECHANICSBURG, PA 17055 4 and all other prope..'"ty of the defendant( 5) In tr.e ~ssession, custody or control of the said ga.~ishee(s), (Indicate) Index this writ aga:nst the gd-~lshee(s) as a l~s pendens real estate of the defendant(sl described "n the attached ~xhibit. DATE:_ b lcyl[j~ against S~;;r:a:'.J.re:_ rw~ ?:'~n: Name: F~~K FEDER}~~. ESQUIRE ,~c:es;: 2 PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 .~:::r:':-::' tor, PI.AINTIFF ~o;? ~.:~.. ;~~: 1-215-563-7000 -. ....' .. ..- .'... 12248 I I. I ! I G'l I r. Ll~ CJJ r- ~" ,:-'. '" I~~ :>. (" " i:-: 1111-' ( J: rj- . t>. (;j' 6' lL:' ., w':! j~- " ci "I ..:1 (.~.~ '- [" , 'J ) ..~ ) .... ::j (J Ul:...,Ll\.Jr 11\J1~ w ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Upper Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: ALL THAT CERTAIN dwelling unit situated ia Sueg'Jild Condominium, Upper Allen Township, Cumberland County, Pennsylvania, designated as Unit No, 1079-12, in the Declaration and Declaration Plans of Sunguild Condominium, dated December 6, 1979, and November 29, 1979, respectively, recorded December 12, 1979, in Cumberland County Miseellaneous Book 249, Page 784, and Plan Book 37, Page 23, respectively, and Amendment to the Declaration and Declaration Plans of Sunguild Condominium both dated February 28, 1986, both recorded March 31, 1986, in Cumberland County Misc. Book 315, Page 804, and Plan Book 49, Page 129, respectively, under the provisions of the Unit Property Act of the Commonwealth of Pennsylvania (Act of July 3, 1963, P.L. No, 196). TOGETHER with all right of title and interest of, in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans, as amended from time to time. The Grantees, for and on behalf of the Grantees and Grantees; heirs, personal representatives, successors and assigns, by the acceptance of this Deed. covenant and agree to pay such charges for the maintenance of, repairs, to, replacement of and expenses in connection with the Common Elements as may be assessed from time to time by the Executive Board in accordance with the Unit Property Act of Pennsylvania; and further eovenant and agree that the unit conveyed by this Deed shall be subject to a charge for all amounts so assessed and that, except insofar as Sections 705 and 706 of said Unit property ~'ct :and 'Of applicable Sections of the Uniform Condominium Act, -mar lelieve and subsequent unit owner of liability for prior unpaid assessments, this covenant shalll1!n with and bind the land or unit hereby conveyed and all subsequent owners thereof, The Grantees, for and on behalf of the Grantees and the Grantees' heirs, personal representatives, successors and assigns, by accepcance of this Deed, aeknowledge that this conveyance is subject in every respect to the Declaration, the Declaration Plan, Code of Regulations and all amendments thereto; and the Grantees further acknowledge that each aed every provision of the foregoing is essential to the best interest and for the benefit of all unit owners therein. Grantees and all owners of units in said Condominium, covenant and agree, as a covenant running with the land, to abide by each and every provision of said doeuments, TAX PARCEL NUMBER: 42-240792-041A RECORD O\'1NER TITLE TO SAID PREMISES IS VESTED IN William P. Hull and Kristine Hull, husband & wife by Deed from Lowell R, Kratzer and Chris Kratzer, husband & wife dated 12/3/92 recorded 1/8/93 in Deed Book B-36 Page 1031. 'I , I I 'i (j ~ ('I f.. c;: i.;:; -. 1II';-- ; ( ) . l;-" ';:1:1 - y,- (.1'"1 0' , I.l': - " n. ,J rc: I.c -- " u, ", ;-- :) 0 0' \..J MELLON MORTGAGE COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION VB. . . WILLIAM P. HULL KRISTINE HULL : NO. 97-1640 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 11 MELLON MORTGAGE COMPANY , Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQ., sets forth as of the date the Praecipe for the writ of Execution was filed the following information concerning the real property located at 660 GENEVA DRIVE. UNIT #12. MECHANICSBURG. PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) 660 GENEVA DRIVE. UNIT #12 MECHANICSBURG. PA 17055 660 GENEVA DRIVE. UNIT #12 MECHANICSBURG. PA 17055 2. Name and address of Defendant(s) in the judgment: WILLIAM P. HULL KRISTINE HULL 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: ~ LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) SUNGUILD I , II CONDOMINIUM ASSOCIATION P.O. BOX 622 LEHOYNE. PA 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) NONE ~ ,,' t:'; - t,:: .. 111('" -- no -:.l LL... I' . , oj-~ 6~ cr, LlJ ~ I :::..!, c. _ j w..' L-'.J "' i Vl ..'- t'. - :::J 0 '0' 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 TARE PLACE. 1. be sold calling If the Sheriff's Sale to the highest bidder. (2151 563-7000. You may be able to petition the Court to set aside the the bid price was grossly inadequate compared to the value property. is not stopped, your property will You may find out the price bid by 2. sale if of your 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 (215) 563-7000. 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 on 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 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 COURT ADMINISTRATOR 4th floor Cumberland county Courthouse (717) 240-6200 U,,""LlUr lIUL'I ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and bt:ing in the Township of Upper Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: ALL THAT CERTAIN dwelling unit situated in Sung'Jild Cor.dominium, Upper Allen Township, Cumberland County, Pennsylvania, designated as Unit No. 1079-12, in the Declaration and Declaration Plans of Sunguild Condominium, dated December 6, 1979, and November 29, 1979, respectively, recorded December 12, 1979, in Cumberland County Miscellaneous Book 249, Page 784, and Plan Book 37, Page 23, respectively, and Amendment to the Declaration and Declaration Plans of Sunguild Condominium both dated Febtuary 28, 1986, both recorded March 31, 1986, in Cumberland County Misc. Book 315, Page 804, and Plan Book 49, Page 129, respectively, under the provisions of the Unit Property Act of the Commonwealth of Pennsylvania (Act of July 3, 1963, P.L. No. 196). TOGETHER with all right of title and interest of, in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans, as amended from time to time. The Grantees, for and on behalf of the Grantees and Grantees; heirs, personal representatives, SUccessors and assigns, by the acceptance of this Deed, covenant and agree to pay such charges for the maintenance of, repairs, to, replacement of and expenses in connection with the Common Elements as may be assessed from time to time by the Executive Board in accordance with the Unit Property Act of Pennsylvania; and further covenant and agree that the unit conveyed by this Deed shall be subject to a charge for all amounts so assessed and that, except insofar as Sections 705 and 706 of said Unit property Act:and 'M Ilpplicable Sections of the Uniform Condominium Act,may lelieve and subsequent unit owner of liability for prior unpaid assessments, this covenant shall fl!ftl/ with and bind the land or unit hereby conveyed and all subsequent owners thereof. ' . The Grantees, for and on behalf of the Grantees and the Granlees' heirs, personal representatives, Successors and assigns, by acceptance of this Deed, acknowledge that this conveyance is subject in evety respect to the DecIaration, the Declaration Plan, Code of Regulations and all amendments thereto; and the Grantees further acknowledge that each and every provision of the foregoing is essential to the best interest and for the benefit of all unit owners therein. Grantees and all owners of units in said Condominium, covenant and agree, as a covenant running with the land, to abide by each and evety provision of said documents. TAX PARCEL NUMBER: 42-240792-04IA RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN William P. Hull and Kristine Hull, husband & wife by Deed from Lowell R. Kratzer and Chris Kratzer, husband & wife dated 12/3/92 recorded 1/8/93 in Deed Book B-36 Page 1031. '>- '" . .- h. ." - I"' l:'" 1!1(1 ()" i r ~ ~- ". I, , 01:. , I '=', f-'" III I , :.~~ I ' n. ,j ... '" I \. .. jn. V. " II. I"- <:J U 0' J NOV 1 0 199~,< \ , , FEDERMAN AND PHELAN By: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 Two Penn Center Plaza - Suite 900 Philadelphia, PA 19102 (215) 563-7000 MELLON MORTGAGE COMPANY Attorney for Plaintiff ~ I CUMBERLAND COUNTY COURT OF COHMON PLEAS VS. WILLIJIM P. HULL , ImISTINE HULL CIVIL DIVISION NO. 97-1640 ORDER AND NOW, this day of , 1998, the Prothonotary is ORDERED to reassess the damages in this case as follows: Principal Balance Interest Amount 06/01/96 through 12/09/98 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow credit Deficit $63,967.60 13,107.22 1,374.00 3,198.00 879.94 899.74 224.75 0.00 TOTAL 0.00 5,056.61 $89,427.86 BY THE COURT: J. . ..1 _........"..~ .........0-.. ._- .. -.' C~'/::" : :"::= ::~j II PPAEC:?E p:p ~..,"?,:7 :F E:....:C...'1':.:N Caption: MELLON MORTGAGE COMPANY Ccr.:es3eC Judgmen: Ct:.e~ vs. :~:i! :--<:. 97-1640 ~=l:.t C\:e $75,389.85 :nte=est FROM 8/29/97 TO ~UD 4~( bl~ Atty's C= WILLIA.'l P. HULL KRISTINE HULL c.:s~s TO n;E P RCl'TliCN:n'AR'f 0 F TEE SAri:) C::L'R'!': The undesigned heeby cer:ifies t::.at t~e bel.co.... dces r.ot arise out of do retail installment sale, con t=act, or account casec or. a confession of judsment, but if it does, it is based on the appropriate or! gina.:. p::-::ceec.:..-:g f.:.lec ?u..-SUC!l"lt to k: 7 of 1966 as amer~ed: ar~ for real prope-~y p~suant to ~Ct 6 of 1974 as amended. Issue writ of ~xeC'Jticn in t~e abcve ~a::e= to tne Sr.e=.:.f: of CUMBER~~D County, for debt, inte=est ar:d ccstS '.J;:cn tne f:::l.c....:.ng desc=:.'t:eC. prc~:-:y of t:le defenc!antC s I WILLlA.'1 P. HULL KRISTINE HULL PRAECIPE FeR ATI;C-f-'E'/T E:G::UTIctI Issue writ of a::ac:-:rent to t~e She=:.:: of CUMBERLA.'lD County, fer debt, interest and costs, as above, ~ec:i-.,g a::=C:-Jie~: aga:.:;st the above-ne:red c;a-""":lis::ee( s} fer the following pro~r::y (if real estate, s\:pply s:.x copies of t~e desc:::.;:tion; supply fo~ copies of lengthy pe=scnalty list) 660 GENEVA DRIVE, UNIT #12 MECHJu~ICSBURG, PA 17055 , and all other pro~y of the defendant(sl :.r. t~e pcssessibn, custody or cont-~l. of the said ga..'1lishee( s) . (Indicate) Ind~~ this writ aga~:lSt tne gc-~:.shee(s) as a l:.s pendens against real estate of the cefendC!l"lt(sl'cescribec ~n t~e a:tac~ec DATE: 5 :::::a t'.:=e: ?r~n: ~~: F~~~ FEDE~~~, ESQUIRE ,~==es;: 2 PE~N CENTER PLAZA. SUITE 900 PHILADELPHIA, PA 19102 .:'::::7";~,! :~C: PI ).T~TT;'F :-=~-=~-:~o:: 1-2l5-56)-7000 : ...., ..l .' l:!2~3 ~ -- ~ ~ " 1- C'J :-.') ~9 c)$ :<:: u.", I:t~ "'- 0.. (:)~ .'";- ~b ~ ..'''en " C'l ):;? ~l _I :bill ., ::J (;)0.. F -. . ~ (0 "'1 "" 0 ';01 ;.. ALL THA T CERTAIN Ifact or parcel of land and premises, situate, lying and being in the Township of Upper Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: ALL THAT CERTAIN dwelling unit simated in Sucg'Jild Cor.dominium. Upper Allen Township, Cumberland County, Pennsylvania, designated as Unit No. 1079-12, in the DecIaralion and Declaration Plans of Sunguild Condominium, dated December 6, 1979, and November 29, 1979, respectively, recorded December 12, 1979, in Cumberland County Miscellaneous Book 249, Page 784, and Plan Book 37, Page 23, respectively, and Amendment to the Declaration and Declaration Plans of Sunguild Condominium both dated February 28, 1986, both recorded March 31, 1986, in Cumberland County Misc. Book 315, Page 804, and Plan Book 49, Page 129, respectively, under the provisions of the Unit Property Act of the Commonwealth of Pennsylvania (Act of July 3, 1963, P.L. No. 196). TOGETHER with all right of title and interest of, in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans, as amended from time to time. The Grantees, for and on behalf of the Grantees and Grantees; heirs, personal represematives, successors and assigns, by lhe acceptance of this Deed, covenam and agree to pay such charges for the maimenance of, repairs, to, replacemem of and expenses in connection with the Common Elements as may be assessed from time to time by the Executive Board in accordance with the Unit Property Act of Pennsylvania; and further covenant and agree that the unit conveyed by this Deed shall be subject to a charge for all amounts so assessed and that, except insofar as Sections 705 and 706 of said Unit property Act ;and 'M Ilpplicable Sections of the Uniform Condominium Act, ma~ lelieve and subsequent unit owner of liability for prior unpaid assessments, this covenanl shall fl!n , \. with and bind the land or unit hereby conveyed and all subsequent owners thereof. .,: .. The Grantees, for and on behalf of the Gramees and the Granlees' heirs. personal representatives, successors and assigns, by acceptance of this Deed, acknowledge thai this conveyance is subject in every respect to the Declaration, the Declaration Plan, Code of Regulations and all amendments thereto; and the Grantees further acknowledge that each and every provision of the foregoing is essential 10 the best interest and for the benefit of all unit owners therein. Grantees and all owners of units in said Condominium, covenant and agree, as a covenant running with the land, to abide by each and every provision of said documents. TAX PARCEL NUMBER: 42-240792-04IA RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN William P. Hull and Kristine Hull, husband & wife by Deed from Lowell R. Kratzer and Chris Kratzer, husband & wife dated 12/3/92 recorded 1/8/93 in Deed Book B-36 Page 1031. "'t-r- ~b ?OS ":\t 'l; j ~ () f'r. -. ~ "" (:: SQ N" .i': :.,.> :J..... 1'i x: n> ~~. CL. 0::;: ~ r~']~ ~ ~ ~'i? \11 _.):<:: :J: -J fu7 f- ~ "1m IJ... I ~~Cl.. o en ::3 U' c.J -" . . ~ i ~ t t i $~ -g oJ ':> ""CJ ~ --0 "'8-~ l- ~ "B.. 1- J 9 0- -j- 8 &, 8 8 9 -:r 8 7" r- - l{) r CO 0- - cr . l[) . . - - ~ lj" 0- If) -- ~ 00 -:r - 0_ ~ r[j .liT 111 !If 'Jl '17 .- l c:.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) NONE 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please 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) CUMBERLAND COUNTY DOMESTIC RELATIONS DEPARTMENT CUMBERLAND COUNTY COURTHOUSE SOUTH HANOVER STREET CARLISLE. PA 17013 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 660 GENEVA DRIVE, UNIT #12 MECHANICSBURG. PA 17055 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 authorit'es. Julv 22, 1998 DATE FRA FEDERMAN, ESQUIRE Attorney for Plaintiff i ~ >- N b. u; ..:l ~~ .' N ~J<f { )_.1 ~. :!:: ')?r . ~-~ a.. ~ ~,. ;.1 ~:J ,'- c; .;l' :....6) [J, fJ N ) ;.: -J r,-z u:~ ,:1:..u ::l 0~o.. .., ~- w. en => 0 '" 0 ~ ~ N G f;; ..:J " N :-3<, 0 ():c; ~z ::t: C);~ ffO F1,: 0- ,:.\ 5'! '. ~C ..::r ~',.~ u.& N -"'1..... !!:z ~u, -l UJUJ -f!.: ::> !Q[~ -, ::=: u.. en :::> 0 C7l U J 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 DE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. be sold ca 11 ing If the Sheriff's Sale to the highest bidder. (215) 563-7000. is not stopped, your property will You may find out the price bid by 2. sale if of your You may be able to petition the Court to set aside the the bid price was grossly inadequate compared to the value property. 3. The sale will go through only Sheriff the full amount due in the sale. happened, you may call (215) 563-7000. if the buyer pays the To find out if this has 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 rema in in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on 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 7. You may also have other rights and defenses, or ways of getting your home back, j.f 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 COURT ADMINISTRATOR 4th floor Cumberland county Courthouse (717) 240-6200 A::L THA T CERTAIN Ifact or parcel of land and premises, situate, lying and being in the Township of Upper Allen in the County of Cumberland and Commonwealth of Pennsylvania. more particularly described as follows: II . f I. , , I ALL THAT CERTAI;-I dwell in; unit sirJated in Sucg'Jild Cor.dominium, Upper Allen Township, Cumberland County, Pennsylvania, designated as Unit No, IOi9-12, in the Declaration and Declaration Plans of Sunguild Condominium, dated December 6, 19i9, and November 29, 1979, respectively, recorded December 12, 1979, in Cumberland County Miscellaneous Book 249, Page 784, and Plan Book 37, Page 23, respectively, and Amendment 10 the Declaration and Declaration Plans of Sunguild Condominium both dated February 28, 1986, bolb recorded March 31, 1986, in Cumberland County Misc. Book 315, Page 804, and P:an Book 49, Page 129, respectively, under the provisions of the Unit Property Act of the Commonwealth of Pennsylvania (Act of July 3, 1963, P.L. No. 196). TOGETHER with all right of title and interest of, in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans, as amended from time to time. The Grantees, for and on behalf of the Grantees and Grantees; heirs, personal represemalives, successors and assigns, by the accepl:IDCe of this Deed. covenam and agree to pay such charges for the maimenance of, repairs, to, replacement of ar.d expenses in connection with the Common Elements as may be assessed from lime to time by the E.~eculive Board in accordance with the Unit Property ACl of Pennsylvania; and further covenant and agree that the unit conveyed by this Deed shall be subject to a charge for all amoums so assessed and lhat, except insofar as Sections 705 and 706 of said Unit property Acl ~d 'M Ilpplicable Sections of the uniform Condominium Act,ma?, relieve and subsequent unit owner of liability for prior unpaid assessmenlS, this covenant shall fl!n with and bind the land or unit hereby conveyed and all subsequem owners thereof. ~ " ~ I .4.;; ... "'fI The Grantees, for and on behalf of the Grantees and the Granlees' heirs, personal represenlalives, successors and assigns, by acceptance of Ibis Deed, acknowledge Ibal this conveyance is subject in every respect to the Declaration, the Declaralion Plan, Code of Regulations and all amendments thereto; and the Grantees further acknowledge that each ar.d every provision of the foregoing is essemial to the best interest and for the benefit of all unit owners therein. Grantees and all owners of UnilS in said Condominium, covenant and agree, as a covenanl running with the land, to abide by each and every provision of said documents. TAX PARCEL NUMBER: 42-240792-041A RECORD O\V;-IER TITLE TO SAID PREMISES IS VESTED IN William P. Hull and Kristine Hull, husband & wife by Deed from Lowell R. Kratzer and Chris Kratze:, husband & wife dated 12/3/92 recorded 1/8193 in Deed Book B-36 Page 1031. ~ C'>I ..... I.. "'- -J :1~ h N -J..r \ j ..~~ ~:k :c ( ):,( '!'? ~: If. 1_" ~ ;.:l~ ,',,- ~C) ..:r .... en rt '~L-: ~W N (I:Z -1 1:llU =, {UU.. ., -- . ~ en ::> en U , FEDERMAN AND PHELAN By: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 Two Penn Center Plaza - Suite 900 Philadelphia, PA 19102 (215) 563-7000 MELLON MORTGAGE COMPANY Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS va. WILLIAM P. HULL & KRISTINE HULL CIVIL DIVISION NO. 97-1640 RULE AND NOW, this 12.' day of /oloV4-kv' , 1998, a Rule is entered upon WILLIAM P. HULL & KRISTINE HULL, Defendant(s), to show cause why Plaintiff's Petition for Reassessment of Damages should not be granted. RULE RETURNABLE twenty (20) days from the date of service. BY THE COURT: ./9/L. . J. 1 Jd ...., ~. : j ,', f:: \ r) :..1 "'l " ...; . ~"J ...... ., r. '- " t'-: , J;"l I ( ~. J .. ',\ 'I~ :I rn ,,' - --'~ :U .'7"1 ~~.) --, '" ., (.~ -. . FEDERMAN AND PHELAN By: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 Two Penn Center Plaza - Suite 900 Philadelphia, PA 19102 (215) 563-7000 MELLON MORTGAGE COMPANY Attorney for Plaintiff va. WILLIAM P. HULL & KRISTINE HULL CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 97-1640 ORDER AND NOW, this day of , 1998, the Prothonotary is ORDERED to reassess the damages in this case as follows: Principal Balance Interest Amount 06/01/96 through 12/09/98 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credi t Deficit $63,967.60 13,107.22 1,374.00 3,198.00 879.94 899.74 224.75 0.00 0.00 5,056.61 TOTAL $89,427.86 BY THE COURT: J. Defendant(sl have been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal Balance Interest Amount 06/01/96 through 12/09/98 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit $63,967.60 13,107.22 1,374.00 3,198.00 879.94 899.74 224.75 0.00 0.00 5,056.61 TOTAL $89,427.86 6. Under the terms of the mortgage, Plaintiff is entitled to inclusion of the figures set forth in paragraph five in the amount of judgment against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess the damages as set forth above. ~fL-- - FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff -2- Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. ARGUMENT FOR REASSESSMENT OF DAMAGES The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation.,." In the instant case, the amount to which Plaintiff is entitled is readily calculated by re',iew of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa.Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super 1988). In Chase Home Mortqage, the Court stated that where a judgment has been assessed fOllowing defendant's failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee "...could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage's failure to comply with the terms of the mortgage agreement..." Id. at 24. Because a judgment in mortgage foreclosure is strictly in~, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if Plaintiff went to sale without reassessing damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages will not be detrimental whatsoever to Defendant(s) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff's Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff's judgment amount. May Term, 1986, No. 2359 (CCP PHILA. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. j, i II ! I FEDERMAN AND PHELAN ~~r/l :W: FRANCIS S. HALLINAN, ESQUIRE 0(' / . . . 'i I \ ='1 :l~;':1::'~! ,... ......... ..- ....- i.~3 :.1.~: :-o!Q :.:.:n !o: "cassassmc~:, :~~ ..:i , ... c=u=~ :i~~ ~~4~ Oc!=~d~~~~ h~?e a~~i~:e~ ~~C'Q ~mo~~~" ;aU==9,,1&n: to ?a. !l.C.:'. .' !.029 ,=) . ~~ ~HOKAS ~. WH:!~, J~ , , I I I j S'! Tli:E: .COOR'::: \ . . '. ." '- . \ l . I I I , ! VERIFICATION FRANCIS S. HALLINAN, ESQUIRE, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATE: October 28, 1998 7~..: It-- - .) FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff '............ ,) II. '\ , , .., II'l II'l CI ... .. ~ ~ ii ~ ~~;~ .- \0 _~ 8i~1 ~gj ~~ :J< Vl- Z ~~ Q,Vl z a:Z ~~ W< OJ: zQ, Z..J WW Q,C O~ ~if \ 1 FEDERMAN AND PHELAN By: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 Two Penn Center Plaza - Suite 900 Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff MELLON MORTGAGE COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS VB. WILLI1lM P. HULL , KRISTINE HULL CIVIL DIVISION NO. 97-1640 CERTIFICATION OF SERVICE I, FRANCIS S. HALLINAN, ESQUIRE, hereby certify that a copy of the Rule Returnable Date of December 21, 1998 and a copy of Plaintiff's petition for Reassessment of Damages have been sent to the individuals indicated below on December 1, 1998. WILLIAM P. HULL , KRISTINE HULL 660 G~ DRIVE, UNIT #12 MECHANICSBURG, PA 17055 FJg(~~Nd tJif{/~~ Attorney for Plaintiff Date: December 1, 1998 f ",to l:lt ;::: C) -.. t..J f:a ~ ~-. -... ?;.;.~ -~" ~ l f :' ~, ,:. ~,: _~ . g ...~.t:i~~~~ 11"~~'l ~ ' 5"::.1:11"1 :z:: J~ ; ~ Vi "J g -, n ~, ' , ' ' I . : i .'- : ; j :l:C\?-: t'l"':<l 00.... >~~ Zt'l.... ....zz nt'lt'l ;;0: c.; """ :<:"" . .... < :> ~ N ::rJN-:Z C'tl ::I ." I:) -~-3 ~ ~ 4,0 :> ~. ~~.. ,., '" '" Cll "- i~l ~ ~ 'tJ~ ;1;0 ~'tJ mm lii~ :1:(') }Om 'tJ~ g]:II Z'tJ ~~ ,. ~Ul "c -=< 10m -", 00 NO ~~O!>~_ ~~....}~-:,~:--, ~!: !!'?' .... .'. -: ;., i~:,:fl1.1 ~ s~Dil><: a,; -,..t:1 ;:z: 1/1 :i --t ,." i -: "J 8 i ,~) ,', .' ~ 3:"':!; "''''.... not'"" ~c;jC ....~~ n", cn<'<l "':>. c:: :<l":>: C):<lC:: . .... "" ,. - '"l [OJ' :--. ~c:: "2: 0.... v.>-i v. :D ";l ~ -~ :D IT" Z ...J :II c:> m (') Cl m In 'ii -t IT' :D rJ m C> 0 c: m ~ 0 "" ~ - N ~ f:a ~ /~ ,r'- /" ~., .~- --- -";::--..-.,. ..~, ;r):o-..>--:! n - ..., .", .... ;:; - "J c: - _:. - -"" .- ,D ~I~~ ~\ I' \ ".- , i , ,., ___ ',I ." - ',' "Ii .' c 0..... ,".: ;'\1. ,I' '<, J:.. ~ :D m ~ :D Z :D m (') m ~ :D m o c: m ~ o -- " 'tJ~ ;1;0 >'tJ Om mz liiz :1:(') }Om 'tJ~ g]:D Z'tJ ~~ ,. ~Ul "c -=< 10m o:g NO ---.-- . ~ "tl ..D IT' ...J '" o In IT' ru ...J .- ,',. . :" ",. ~ ~\ ~: , , i \,!: , ' t~' :> \ , . ~ ( I .' " C , .,I"'" i ~ NOV I 0 19~8 0'V \l FEDERMAN AND PHELAN By: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 Two Penn Center Plaza - Suite 900 Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff MELLON MORTGAGE CCfGlANY CtlMIlERLAND COUNTY COURT OF COMMON PLEAS va. WILLIAM P. HULL , tmISTINE HULL CIVIL DIVISION NO. 97-1640 ORDER AND NOW, this day of , 1998, the Prothonotary is ORDERED to reassess the damages in this case as follows: Principal Balance Interest Amount 06/01/96 through 12/09/98 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit $63,967.60 13,107.22 1,374.00 3,198.00 879.94 899.74 224.75 0.00 TOTAL 0.00 5,056.61 $89,427.86 BY THE COURT: J. . . NOV 1 0 199~ FEDERMAN AND PHELAN By: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 Two Penn Center Plaza - Suite 900 Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff HELLON MORTGAGE COMPANY CtlMBERL1lND COUNTY COURT OF CCHroN PLEAS vs. WILLIAM P. BULL , ltRISTINE BULL CIVIL DIVISION NO. 97-1640 ORDER AND NOW, this day of , 1998, the Prothonotary is ORDERED to reassess the damages in this case as follows: Principal Balance Interest Amount 06/01/96 through 12/09/98 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit $63,967.60 13,107.22 1,374.00 3,198.00 879.94 899.74 224.75 0.00 0.00 5,056.61 TOTAL $89,427.86 BY THE COURT: J. .