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Home My WebLink About98-01366 FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Two Penn Center Plaza - suite 900 Philadelphia, PA 19102 (215) 563-7000 MELLON MORTGAGE COMPANY (S/B/M TO MELLON FINANCIAL SERVICES CORPORATION #9) 1775 SHERMAN STREET, SUITE 2300 DENVER, CO 80203-4395 Attorney for Plaintiff : CUMBERLAND COUNTY COURT OF COMMON PLEAS VB. : CIVIL DIVISION VIRGINIA ADAMS, A/K/A VIRGINIA R. ADAMS . . 1450 NEWVILLE ROAD CARLISLE, PA 17013 NO. 98-1366 CIVIL PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against VIRGINIA ADAMS. AIKIA VIRGINIA R. ADAMS, 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 - 2/1/98-6/10/98 TOTAL $49,148.08 1.591.20 $50,759.28 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~~,~A~l-{~ FM K FED RMA , ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS DATE: '- )U~E_ 11.-mL INDICATED. ~ pi (2.".-!J/i -' fj). C<cr>-(:J PRO PROTHY j ~ Ii 'I ~ i\.i~ , . ,..~ 8 ..0 0 ex> 'n ~ '- -, -lQ. -OeD c::: :r: t ~ ~ rnrn z t.ll:;Q ~ Z:J: ~fTl ~1S "6 0 D Q r;;(:~ -0 ~:B r 6""- ;t~o -'- '.~("') ~ .t'.....c..;;, om ~ Pc ~ ~ ;cJ ~ ... ?t. ~ c..> -< Il[ ~ r- r 0 1- . ....... yqao ~ .,.., ~j .J E 1 n c: s: "(1'1 qJt:_: ;'::f;! !~{f "fi; ',..(",,> ~~C-) >f'~ :3 -, ".. (..) \.0 ::0 <- C'. ;J: ~ =rJ i'i1f1J -,-,m -no ~(~ ::r.~ 0- ~( -5 ~I it ....; 1'. " ~ - .. "'---~"._"'''''.., .. 1'. ,.., rv ~~ ~ C3 1:1 F>~ f' (, . -vt ("l C :PL r- _W r--- Ii' "5~ ""::-- ~f- ~ '"v ,. CJ cO 0 10 ~ l4. c:: CD ,.n ~ ,- ::l Jk, r;: "C) 9.J~ ~ ~ -ol.J~ c= _1.o:rJ V, -:-0 nn~-i :a;: n'r- :- ';'0 "', -om ~ ....- -'. 01"6 .. . . 0 . :~t~.. "" ~ <e 8 "- c;.. .... 0 C1J.;"o- ..;), ~ 0 d 0. 0 r~L-~ :'? ::C3:) 0 ~'-. ~;: C'l ~':J:CJ -'~ ~ \ I I o.-m ~ I I ~() - ~ ~ J."c .. "-~ l--~ ~ l:J ~ c:- :I::! f! J:"' ~ r- ~ F /i1 ~ - :- .... ~ - ;1J \ , " . , '" (') \C-l ~ C co ?: C- -I "u, c:: -,- .-p PT' 0'11"11 :1: '''e3 L'::O " ZC S1o.-;; :':', '-'0 ~O ::", .... "'<l ::r::Il -S:C) :I: ~~~C) t.cC' - Orn ?C.:. .. '-I ~ e- ~ .r:- :Q () L.O ~ s: Cl:J \){j:; . - :::J nlll.; c::: :ii:r.:J -..... .f'] == ~~-.': --'8 :,] ~.,.. L") I -:..~C' "0 -~.,O ~~() T-B :::;: is:"' ,>,;0 -...0 -' c.: "'-m ~ .. Si &:- :r; "'"" -< ~ ",".- , ,. MELLON MORTGAGE COMPANY . CUMBERLAND COUNTY . (S/B/M TO MELLON FINANCIAL SERVICES CORPORATION #9) . COURT OF COMMON PLEAS . vs. . CIVIL DIVISION . VIRGINIA ADAMS, A/K/A VIRGINIA R. ADAMS : . NO. 98-1366 CIVIL . NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: VIRGINIA ADAMS, A/K/A VIRGINIA R. ADAMS 1450 NEWVILLE ROAD CARLISLE, PA 17013 September 9, 1998 THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL DE USED FOR THAT PURPOSE. Your house (real estate) at 1450 NEWVILLE ROAD. CARLISLE. PA 17013, is scheduled to be sold at the Sheriff's Sale on DOCEMBER 9, 1998 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover street, Carlisle, PA 17013, to enforce the court judgment of $50.759.28 obtained by MELLON MORTGAGE COMPANY (S/D/M TO MELLON FINANCIAL SERVICES CORPORATION #9) (the mortgagee) against you. 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. ..... .' v 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. be sold calling 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 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 CUMBERLAND COUNTY ATORNEY REFERRAL CUMBERLAND COUNTY BAR ASOCIATION 2 LIBERTY AVENUE Cumberland county Courthouse CARLISLE, PA 17013 (717) 249-3166 (BOO) 990-910B ) I { I !, I I; II ,f I 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. \D \1 )q 'is ~ p-\u.'N!. ~~ ~ ~d~~Of"\ pJ.Q~ ~-\-"'Cta...,) I ~QQO-~"'a.e~~t "\l\r~\I"I\o.. k\.o.M~ RI"-Il\ ",rji",c.. R, AdQrr'lsjL/lI 0 \0 0 c: co .n ~:: c:> ::~:n ""[P n rn(~:'; -l ' fir- ;'''':::-11 ~~~> I ....)m ell? <'2CJ C..C) ~ ~-r :r:;c: ~- -.'-0 z-= _. ~;;!b ...C) - (jrn Pc .. -, ~ U1 ~ -.. \0 (") ,.0 0 ~~ c.o -n :'r: --J -or.u ".) 'L:n Qjq.~ :2: ,\"1,._ .,.,t1'1 ...-... 'I:( :;-:. L I:::> uJ.;:: ':)( ) P;t:.: .." ~:B "- (-~ c~ ~:~;F~: 00'- ';? a' ,"C ~ ~ ,.-) ::p ..j -< ~J ........~' ;A FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 TWO penn Center Plaza - suite 900 Philadelphia, PA 19102 (215) 563-7000 MELLON MORTGAGE COMPANY (S/B/M TO MELLON FINANCIAL SERVICES CORPORATION #9) 1775 SHERMAN STREET, SUITE 2300 DENVER, CO 80203-4395 VB. VIRGINIA ADAMS, A/K/A VIRGINIA R. ADAMS Attorney for plaintiff CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : 1450 NEWVILLE ROAD CARLISLE, PA 17013 : NO. 98-1366 CIVIL PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the plaintiff and against VIRGINIA ADAMS. AIKIA VIRGINIA R. ADAMS, 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 - 2/1/98-6/10/98 TOTAL $49,148.08 1.591.20 $50,759.28 I hereby certify that (1) the addresses of the plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule "'.1, copy ~~ nl.l~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DATE: ARE HEREBY ASSESSED /f- /0- 1'0 I AS INDICATED. DAMAGES ~ , i .. I .. .~ , -, ". ;r.- Q. d. d ~.. < III 'r::l -< ':i .-- tl : : . 02: -~ Z : I. i tn< 0 . . : <> E:: i L .... C'l C'l' ci r.:l..:l " .. ... ... -, III :;) - ... -.... u' " ~ E E c.:r. 3 E ZZ r.:l . .5 .. .. .. x'U' c; ~ ~ ... oZ ~~ r:: ~ ~ e 1 -::-J I oC. t:,~ 'll. i -- < I~ t: oC V. o~ .... 0'U ! as: l.: .. .! u... .... foo .. ! . ~~ - .. ,::.. ::.z :z: III c:r:. cS?lj _. q:;) ~~.... I> " I ~ .. ~8 ~ ; ~5! .. c' c:~ I- . :;)1:1 5!,,; o- j' ~. i!f3~ '. .. r gz - .. ~~ e::::a ~ i =~ ~I:~ :..,- , , , ! f;c.:l ~~ ~~ U 1 0 '.' 0 0 z~ ea - .. .. ;:; Z Z Z ~~ < "" ~ -::> - .!! U ::- - i;: "" "" < 8 - ?b J ~ ~ , t.)... \--J - G- - ~ -S::::--- ~ -- !" ~ ~~. .~-:--.S~~ -.J ~o --l ,.... '':l () ,-- {:iJ on -- .r)f - . ,0:J t1)1.' 1:1 -.,;=11 ....., "- 0, "rn 1..',1 .::> '~J(J r-:f" ) ~ : -0 '7j~/ , ::r: o _ij , .' \~!i:.) - ! r.'.) c5rn j ._, :0) ?(i In -~ ~ .. ," ... . . ~ 0 ~':J 0 f~ L'O ~n 23 "j "1'JrU ~!. -'1 [flrn ,,~:: ;.'p- ..:'.~ ::._, -~lrT1 >'::1":':'- C) '''Z (j)r:. -".""0 3~ r-.I~: .." :t~ :~ 0t~ ,'- ~:-? 6rn -, S! ~ ..,.. ::u '0 '< I; ) . . " 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 (S/D/M TO MELLON FINANCIAL SERVICES CORPORATION #9) CUMBERLAND COUNTY VB. COURT OF COMMON PLEAS CIVIL DIVISION VIRGINIA ADAMS, A/K/A VIRGINIA R. ADAMs : NO. 98-1366 CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () 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. Lh~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff :! ,II. . 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. be sold calling 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 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 ~lso 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 ATORNEY REFERRAL CUMBERLAND COUNTY BAR ASOCIATION 2 LIBERTY AVENUE Cumberland county Courthouse CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 .,' ,,-..' " ;... n ~O 9n r-; co --.'" ~ " - ~. ~lj~ f,::;> I,;: pi(n .or": . , 2.1' 'T'1' .;;~.: I;:> :n\ fi~ ",,:" fJl: _..~ ;', , y...... ::q :<::r. ('j, -" _.1 '~n ~ <5' ).-r..: -i ',. ,:,.:I ~ :~ :.Q Ie -<. .. Aft/x f.. h.reln .tlmp, ". ,""1.' 1)41""'1. I"d MAY DE USED FOA DOMESTIC AND INTERNATIONAL MAIL DOES NOT MOVIDE FDA INSURANCE-POSTMASTER . R'CliV'd From: Federman and Phelan Sull.. SOD Two Penn Center Plaza Philadelphia, t'A uIl02 III I./) ~ Cl II/ On. pl.CI ar ordln.ry mill .ddr....d to: DAUPHIN DEPOSIT BANK AND TRUST 21J UAD~iT 5TD~iT IlARlUSBURG, PA 17015 .-' ;':'.' -" .? 3.., :':1' '" c., PS Form 3B17, Mor, 19B9 Affhc ,.. her. In "lmps Ot met., POlttg. and .,,,,. .,."'... I"~. .1.. ., R'c"ved From: Federman and Phelan Suite 900 Two Penn vemtll Flaza Phlladslphil'l. PA 19102 /II U"ll J '1.....,..,.,. On. pl.el of Otdln.ry mail .ddr....d to: JACOB FEALTHAN AND LORlE FEALTHAN S2.4 S~ RQ:\D /.~,.. . NEWVILLE, PA 17241 :.'1 - , PS Form 3B17, Mor, 19B9 u.s. P ST L SERVICE CE IF ATE FAILING MAY BE USED FOR DOMEsne AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Affix fee het'ln stamps or m!l.t.lI.' po.l.ge an~ R'celved From: !jiif~"j" ~J", Cl ~~l::; 11/ .!//. r;. - (\ ., tar. : ., COMPLAINCE' ~ :1l}I:~, \~.... -;.? /,,'/ I-'~ " .t.. and Phelan FAderman Suite 90U center plaza ,. -IJ6 penn, r'A 1:)102 PhiladelphIa. One pllee 0' ordInary mill .dd"lI.d to: COHKONWEALTH OF PA BUREAU OF BEFARE~ 1289946 IlARlUSBURG, PA 17128-0946 fJ15 PS Form 3B17, Mar, 19B9 irA \\ II r I{ II I~ i" . ; , , I ) I I'! " " i; I 't, i !' ,- (') '.0 0 c u:J on ~~ ~ ~lj -onl -'" ;1Ii:D ml."1 o:-J l~ '" "T' I --,'.111 ~?~ . 0.'0 ~j:.:;. I'J ..J 1. ~-~)ll..~) I-.~t:) ''0 :l: :\j -- .,- i...2fj :.;0 -" ..;~ ('I . ":. rn - ~~ >C~ .. ~ '..> ?J; ...J ;<: . ~ . '.' - - .- =~~ - - .. . '~...--.--'~"-: ': 1.'\,,'," \~.\':'".::..-',~',''.':\'-:'.:,;),'~~~~,\::;,\'~l''~ ',~~",.t "!."~V'" ,''1, . II' . ","..' .1....1,., ''''I~,}..,...,\,I.'~:'(.I'''''J~\''}''f'''''',I\''''~''~lt.".'j....".. '\," " ", \ " , .,,1. 'q "\ ... \,',"0:..' 'thf,."J". '. \ "~,.,(",,.; I" '. ":. p' " " ,'. . . ," I _", ,,11"j'I","",~tl\\_,'\1' ,~:,;li~I"'I""I,"/'''1 ~.{l"'I",:.I,\ "I...Ie." " . . ., '" . \, ,t..,', ,", .,', , ,)','~\"."I^..<'"f~" I~J..':':" ,,:{'.:,I,',"~"~"~' I , .~. FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 900, Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 MELLON MORTGAGE COMPANV (S/B/M TO MELLON FINANCIAL SERVICES CORPORATION #9) Attorney for Plaintiff CUMBERLAND COUNTV COURT OF COMMON PLEAS vs. VIRGINIA ADAMS, A/K/A VIRGINIA R. ADAMS CIVIL DIVISION No. 98-1366 CERTIFICATION OF SERVICE I, Frank Federman, Esquire, hereby certify that a copy of the Motion to Postpone Sheriff's Sale relative to the above matter has been sent to the individuals indicated below on JUNE 9. 1999. VIRGINIA ADAMS, A/K/A VIRGINIA R. ADAMS 1450 NEWVILLE ROAD CARLISLE, PA 17013 ~ ~ ':J-. ,. .fl. _"'\ L "- FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF June 8, 1999 ."' FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE ATTORNEY I,D. NO. 12248 SUITE 900, TWO PENN CENTER PLAZA PHILADELPHIA, PA 19102-1799 (215) 563-7000 MELLON MORTGAGE COMPANY (S/B/M TO MELLON FINANCIAL SERVICES CORPORATION #9) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION v. NO. 98-1366 VIRGINIA ADAMS, A/K/A VIRGINIA R. ADAMS CUMBERLAND COUNTY BRIEF OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO POSTPONE SHERIFF'S SALE I. BACKGROUND OF CASE Plaintiff and Defendant(s) entered into a Promissory Note and Mortgage Agreement, wherein Defendant agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became dUe. In turn, Plaintiff'S Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises, In the case sub iUdicia, Defendant failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant were not going to cure the default and bring the loan current, Plaintiff commenced a Mortgage Foreclosure Action. Judgment was subsequently entered by the Court, and the subject property is scheduled for the JUNE 9, 1999 Sheriff's Sale. 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, as well as any payments Defendant(s) may have tendered since the initiation of Plaintiff's Foreclosure Complaint. II. ARGUMENT FOR REASSESSMENT OF DAMAGES AND POSTPONEMENT OF SALE 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 review of the Mortgage Agreement, which is of record, together with he 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 Complainc, Che CourC 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. .~' This Court has plenary powers to administer equity according to well-settled principles of equity jurisprudence in cases under its jurisdiction. Cheval v. City of Philadelphia, 176 A 779 116 Pa. Super. 101 (1935), Moreover, it is also well settled that the Courts will lean to a liberal exercise of the equity power conferred upon them without encouraging technical niceties in the modes of procedure and forms of pleading. Gunnett v. Trout 112 A 2d 333, 380 Pa. 504 (1955). Finally, exhaustion of legal remedies is a prerequisite to the Court's exercise of its equitable powers. See 23 u, Pitt. L. Rev, 547 (1961). 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 Mortaaae Corporation of the Southwest v, Good, 537 A.2d 22, 24 (Pa.super 1988). In Chase Home Mortaaae, 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 rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Realitv 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 protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because Western Pennsylvania must pay expenses for the property in order to changes and can be expected to change from day to day, 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 Damages were incurred pursuant to the Mortgage Agreement, and the charges enumerated in Plaintiff's Motion for Reassessment of unreported case a copy of which is attached hereto, since the mortgage had not yet been paid, said charges should be included in Plaintiff's jUdgment amount. May Term, 1986, No. 2359 (CCP PHlLA. ;' II 'i 1986) , "~ "--' (') \D 0 G \D -11 ~- c_ :;1 -U I'D r:= hi:!) !;2m ~ :'g~ .:;::1~ I .q;; CI3"';.. 1.0 ';lCl r:: (:';l ::-. )~:B ---, );C' ::1'; ~_.~o Z' Cirrt j;:O 9? ,-' 'j;! ~ :D en -< FEDERMAN AND PHELAN By: Michele M, Bradford. ESQUIRE Identification No. 69849 Two Penn Center Plaza - Suite 900 Philadelphia, PA 19102 (215) .563 -7000 i JUN 0 D 1999'p Attorney for Plaintiff DLLON HORTGAGB COMPANY I CllHIlERLAND COllNTY (s/a/N TO KBLLON rINANCIAL SBRVICBS CORPORATION '9) va. VIIlGINIA ADAMS A/K/A VIRGINIA R. ADAMS COll1lT 01' COIDICN PLns CIVIL DIVISION NO. 98.1366 AND NOW. this tll tt. ORDIIR J' lVl c.... . upon consideration day of . 199 q of Plaintiff's Motion to Make Rule Absolute. it is hereby ORDERED and DECREED that the Rule entered upon Defendant (s) shall be and is hereby made absolute and Plaintiff's petition is CRANTED and it is further ORDERED that the Prothonotary reassess the damages in this ease as follows. Principal Balance Interest Amount 10/01/97 through 03/02/99 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit $45,250.22 6,342.53 602.56 2,262,00 905,10 0,00 315.25 0,00 0,00 6,537.42 TOTAL $62,215,08 Plus interest per diem from 03/02/99 through Date of Sale at six (6\) percent, NOTE · THE: ABOVE FICURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE: ABOVE FICURES, 0 V) 0 r. l.J:> ." "'tJt 1 '- J [~h:; ~~ ,", i::n J, ~ . , .':[ ("- r.n,' ";111 -." 1';:J :..:l? f.:; :..: ~..J( , )~; '-l :;2 . _J ; ti:]j ~~} ---t ~ :')I"n ':.:-1 ~ :.n ~. :n --..: fA (') on C 0.0 ~ -.t\ .,.. . ""Oft c- , C!"I{'n c:: .., Z;:J.~ Z :I: zs.;. I I n:!J '"\) en " .."Fn .;.,; .,. \.0 r:; CJ ~o '!' ~ 0 ".. :r"" :j'!(' ~8 :J;.: . ., ;-;:!:J J- i>c co z(") :;? .. om =< ~ U1 ~ ~ ~ W lj. r ~ ).J J..J V' - l'l .(: G'I -f- . ., .', " ',. TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED, SHERIFF SALE NO. 9 Held Wednesday, Date: July 14, 1999 'TAXES: Receipts for all taxes for the years 1996 to 1998 inclusive, Taxes for the current year 1999. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer, Receipts to be produced if services are lienable, MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims, MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below, JUDGMENTS: Listed Under Other Exceptions Below, INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated . 1999, and recorded , 1999, in Cumberland County Deed Book , Page RECITAL: BEING the same premises which David L. Erickson and Phyllis M, Erickson, husband and wife. by Deed dated August 3. 1990 and recorded August 7, 1990 in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania in Deed Book "S", Volume 34. Page 227, granted and conveyed to Virginia Adams, married woman, OTHER EXCEPTIONS: I, The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company, 2, Rights or claims of parties in possession, if any, other than the owner, 3, Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose, 4, Payment of State and local Real Estate Transfer Taxes, if required, 5, Public and private rights in the roadbed of the State Road known as The Newville Road, 6, Building and use conditions and restrictions as set forth in Deed recorded in Deed Book "Z". Volume 31, Page 60, a copy of which is attached hereto, 7, Subject to right-of-way and obligation to maintain gates as imposed by Deed recorded in Deed Book "XU, Volume 9, Page 506, 8, Mortgage in the amount of $70,600,00 given by Virginia Adams to Commonwealth National Bank dated August 3, 1990 and recorded August 7, 1990 in Mortgage Book 986. Page 997, Said Mortgage was assigned to Mellon Bank. N,A, by Instrument recorded August 7, 1990 in Miscellaneous Record Book 384. Page 874, Said Mortgage was further assigned to Mellon Financial Services Corporation by Instrument recorded December4, 1990 in Miscellaneous Record Book 390. Page 1158, . .' " ' Judgment in Mortgage Foreclosure entered by Mellon Mortgage Company as Plaintiff against Virginia Adams and Virginia R, Adams on June II. 1998 in the Office of the Prothonotary of Cumberland County to File No. 98.1366, 9, Mortgage in the amounl of $30.000,00 given by Virginia R, Adams to Dauphin Deposit Bank and Trust Company dated August 9. 199 I and recorded August 21, 199 I in Mortgage Book 1025, Page 1120, 10. Mortgage in the alllount of $100.000,00 given by Leslie K, Adams and Virginia R, Adams to Dauphin Deposil Bank and Trust Company dmed November 3. 1995 and recorded November 14. 1995 in Mortgage Book 1291, Page 297. II, Mortgage in the amount of SI6.000,oo given by Virginia Adams and Leslie K, Adams. husband and wife, to the Administrator of Small Business Administration dated March 6, 1996 and recorded March 19, 1996 in Mortgage Book 1308. Pagc 289, 12, Certified copy of lien entered by The Bureau of Compliance against Leslie Adams and Virginia Adams on August 23, 1994 in the Office of the Prothonotary of Cumberland County to File No, 94.4765 in the amount of $4.393,63, 13, Judgment in the amount of 522,005.40 entercd by Dana Commercial Credit Corporation as Plaintiff against Leslie K, Adams. et aI., on March 21.1996 in the Office of the Prothonotary of Cumberland County to File No, 95-2731, 14, Judgment in the amount of $8,554,60 entered by Jacob Fealtman and Lorie Fealtman, as Plaintiffs against Virginia Adams ct al. on January 12. 1998 in the Officc of the Prothonotary of Cumberland County to Filc No, 1995-6057, 15, Judgment in the amount of $1,889,50 entered by Patriot Auto Parts and Lloyd Deaven. Jr, 'against Virginia Adams et al. on May 22, 1998 in the Office of the Prothonotary of Cumberland County to File No, 98-2879, 16, Rights granted to the Carlisle Gas and Water Company by Instrument recorded in Miscellaneous Record Book 52, Page 43, 17, Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended 10 be dive~ted by suhjeet Sheriff Sale, 18, Real estate taxes accruing on and after January I, 2000 not yet due and payable, Satisfactory evidence to be produced that the advertisement of the property for sale is satisfactory in spite of the absence of any reference to the improvements on the subject property, It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. ~J.,~ I; \) d R ber! G, Frey, Agent " Note: This Title Report shull nnl be vulid 0 hinding until countersigned by an authorized signalor , I ?d' .4 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 ~BLE TO S~VE YOUR PROPERTY ~ND YOU H~VE OTHER RIGHTS EVEN IF THE SHERIFF'S S~LE DOES T~KE PL~CE. 1. be sold calling If the Sheriff's Sale to the highest bidder, (2151 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 L~WYER ~T ONCE. IF YOU DO NOT HAVE A L~WYER OR C~NNOT ~FFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEG~L HELP. CUMBERLAND COUNTY ATORNEY REFERRAL CUMBERLAND COUNTY BAR ASOCIATION 2 LIBERTY AVENUE cumberland county Courthouse C~RLISLE, P~ 17013 (717) 249-3166 (800) 990-9108 MELLON MORTGAGE COMPANY (S/B/M TO MELLON FINANCIAL SERVICES CORPORATION #9) CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION VB. VIRGINIA ADAMS, A/KIA VIRGINIA R. ADAMS : : NO. 98-1366 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MELLON MORTGAGE COMPANY (S/B/M TO MELLON FINANCIAL SERVICES CORPORATION #9), 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 1450 NEWVILLE ROAD. CARLISLE. PA 17013. 1. Name and address of Owner(s) or reputed Owner(s) : NAME LAST KNOW~ ADDRESS (if address cannot b~.repsonably ascertained, please sa inaicatle). VIRGINIA ADAMS. AIKIA VIRGINIA R. ADAMS 1450 NEWVILLE ROAD 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) COMMONWEALTH OF PA BUREAU OF COMPLIANCE DEPARTMENT 280946 HARRISBURG. PA 17128-0946 DANA COMMERCIAL CREDIT CORPORATION 201 W.B.G BEAVER TROY. MI 48084 JACOB FEALTMAN AND LORIE FEALTMAN 524 SHED ROAD NEWVILLE. PA 17241 .. ,~ " . .' . . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No, 587. approved May 16, 1929), p, L.1784 STATE OF PENNSYLVANIA : 55. COUNTY OF CUMBERLAND : ROller M. Morgenthlll, Esquire, Editor of the Cumberland Law Joumal, of the County and State aloresaid, being duly sworn, according to law, deposes and says that the Cumberland Law Joumal, a legal periodical published in the Borough of Carlisle in the County and State afOreSllid, was established January 2, 1952, and designated by the local courts as the oflieiallegal periodical for the publication of all legal notices, aod has, since January 2.1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Joumal on the following dates. viz: JANUARY 29, FEBRUARY 5,12,1999 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Joumal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true, IlItAL aTAD llIIUC 1'10. 9 '/lOYIAA-- Roger , Morgenthal, Editor Writ No, 99-1366 Civil Mellon Mortl!age Company IS/8/M To MeDon Financial Services CorporaUon 89) ,.., VIIIl1nIa AdllDlS. A/K/ A 'ilrgtnla R. AdllDlS Atly,: Frank Federman DESCRIP110N I ALL mAT CERTAIN lot of ground i with the Improvements thereon I' erected situate In the Township of North Middleton, County of Cum- I berland and Slale of Pennsylvania. more particularly bounded and de. II scribed as (ollows: ON the North by centerline of the concrete road leading from Carlisle I to Newville. on the East by property I formerly of Hershall E, Tlchnell and Janet M, Tlchnell. his wife. now or . !orIl'l,:rl}' of Dvte W. Ment7.l:r nnrt Evetyn U. Mentzer, his wife: on the South by property formerly of the said HersheU E. Tlchnell and Janet M, Tlchnell, his wife lor which this fonnerly was a part). now or Cormer. Iy or Dale W, Mentzer and Evelyn U, Mentzer. his wife: and on the West ! by property now or rormerly or Floyd Chronister. having a distance of i~ 120.00 feet on the said concrete " road, a width or 100,00 reetln lhe "1 rear, a distance of 228.00 feet on the Eastern boundary line. and a dis- tance of 246.00 feet on the Western bo'!..nda9' Iln~,..__ u . ___ u_ SWORN TO AND SUBSCRIBED before me this 12 day of FEBRUARY. 1999 NOTARIAL Sl!AL LOI6!, SNYDER, Notary Public Corll~. Boro, Cumberland County, PA My Commlulon opl'" March 5, 2001 ...A, . ~".. r:.~1 "A-- ", ,.( .' I. ". .... . . , ,. , ... , , . ~. .~. " ~ . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Unurlr:t ND.517. RIInralHld MIV 16.1921 Commonwlllth 01 Plnnlylvlnll, County 01 Dluphln} II MIch..II~orrow being duly sworn according to law, deposes and says: That he II the Anl.lanl Conlroller 01 THE PATRIOT.NEWS CO" a corporallon organized and exllllng undlr thl laws ollhl Commonwlalth 01 Penn.ylvanla. wllh lIa principal olllce and place 01 bualness al 812 10 818 Markel Slreel, In lhe Clly 01 Harrllburg, County 01 Dauphin, Stale 01 Pennsylvania. owner and publlaher 01 THE PATRIOT.NEWS and THE SUNDAY PATRIOT.NEWS newspapers 01 generel clrcullllon, prlnled and published al 812 10 818 Markel Slrell, In the City, County and Slale aloreaald; thaI THE PATRIOT.NEWS and THE SUNDAY PATRIOT.NEWS were ealablllhed March 4th, 1854, and Seplember 18th, 111411, respecllvely. and all have been conllnuously published ever Ilnce; ThaI the prlnled nollce or publlcallon which Is securely allached herelo Is exaclly as prlnled and published In thllr regular dally and/or Sunday and Metro edlllonallaaues which appeared on Ihe 28th day 01 January and lhe 2nd and lith daY(I) 01 February 1""". ThaI nellher he nor said Company Is Inleresled In the lubJecl mailer 01 laid printed nollcl or advertlllng, and thaI all ollhe allegallons 01 this Ilalemenl as 10 Ihe lime, place and characler 01 publlcallon Bre lrue; and That he has perlonal knowledge 01 the lacls aloresald and Is duly aulhorlzed and empowered to verify this statement on behalf 01 The Patrlot.News Co. aforesaid by virtue and pursuanl to a resolullon unanimously passed and adopted severally by the stockholders and board of dlreclors of the said Company and subsequenlly duly recorded In the olllce lor the Recording of Deeds In and lor said Counly 01 Dau In In&n,1 ellaneous Book "M". Volume 14, Page 317, . .. 't02, PUBLICATION COPY SALE III Sworn , r me t s 1 Nolarlil\ en Torry L. nllsscl1, I- ,ary Public IlilUisb\lrg, Dauphin COUIl!Y.. My ComOli~slon Explro5 Juno lJ. G002 b P 0 1')"'ni<l.r~:>(lC,j;Jlonol Now,lias Mom or, ann.y,. , .. MY commission expires June 6, 2002 CWBERLAND COUNTY SHERIFFS OFFICE COJRTHOUSE CARLISLE, PA. 17013 Statement of....Adntl.lJ.lnp Costs To THE PATRIOT.NEWS CO" Dr, For publishing the notice or publlcallon altached herelo on Ihe above staled dales $ Proballng same Notary Fee(s) $ Total $ 243,38 1.50 244.88 Publisher's Receipt for Advertising Cost THE PATRIOT.NEWS CO" publisher of THE PATRIOT.NEWS and THE SUNDAY PATRIOT-NEWS. newspllp918 01 general clrculllllon, hsreby acknowledge receipt ollhe aforesaid nollce and publlcallon coals and clrtlflea thaI the same have been duly paid. THE PATRIOT.NEWS CO, By.................................................................... .-- -............. n '-" ~ c:: '-0 ::... 0 'T!IJ -06'; n rr)q~ -I "lj_ ~-... I ~t}m -Yr" J<r [~j ~" -J -<~:' -:f~r~ t:'::';'l-..J .." ~,. -r! ~~i ~? ::I; !...j~,,; ~ .-".. n U .. -I ._, => ~ ~ (l) -< ... ~ . . MELLON MORTGAGE COMPANY . CUMBERLAND COUNTY . (S/B/M TO MELLON FINANCIAL SERVICES CORPORATION #9) : COURT OF COMMON PLEAS VB. : CIVIL DIVISION VIRGINIA ADAMS, A/K/A VIRGINIA R. ADAMS . . : NO. 98-1366 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: VIRGINIA ADAMS, A/K/A VIRGINIA R. ADAMS 1450 NEWVILLE ROAD CARLISLE, PA 17013 December 9.,1998 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. Your house (real estate) at 1450 NEWVILLE ROAD. CARLISLE. PA 17013, is scheduled to be sold at the Sheriff's Sale on ,DEX:ElomER 9, 1998 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court jUdgment of $50.759.28 obtained by MELLON MORTGAGE COMPANY (S/B/M TO MELLON FINANCIAL SERVICES CORPORATION #91 (the mortgagee) against you. 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: (2151 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the jUdgment, if the jUdgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ~ "" You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. be sold calling If the Sheriff's Sale to the highest bidder. (2151 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. !F 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 ATORNEY REFERRAL CUMBERLAND COUNTY BAR ASOCIATION 2 LIBERTY AVENUE Cumberland County Courthouse CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 98-1366 CIVIL ffi( Term CIVIL ACTION. LAW TO THE SHERIFF OF Cumberland To satisfy the debt, Interest and costs due Financial Services Corp. #9) from Vi inia Adams COUNTY: Mellon Mortgage Company (S/8/M to Mellon PLAINTIFF(S) Adams 1450 Newville Road Carlisle, PA 17013 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell q"", "g'" rl"""ri pH on (2) You are also directed to aNach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and fo notny the garnlshee(s) that: (a) an allachment has been issued; (b) the garnishee(s) Is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to allachmentls found In the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and Is enjoined as above stated. Amount Due $50,759.28 Interest from 6/11/98 to Sale $692.22 ANy's Comm ANy Paid Plalnlill Paid % L.L. Due Prothy Other Costs $.50 '?l.OO $99.10 Date: ,Tlln,:l. 11 , QQR by;... Curti" R. Lema Prothonotary, Civil Division d~~ J P '712n'-?111' r- ( Deputy REQUESTING PARTY: Name Frank Federnan, Esq. Address: 2 Penn Center Plaza. Suite 900 Philadelphia. PA 19102 Morney forPlaintif f Telephone: 1-215-563-7000 Supreme Court 10 No. 12248 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 review 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); ~ 1I0me Mortqaqe Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super 1988) . In Chase 1I0me Mortqaqe, 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 I s failure to comply with the terms of the mortgage agreement..." ~ 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 da.e 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 I s Motion for Reassessment of Oamages 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 APR 0 BI:;:)~IJIJ FEDERMAN AND PHELAN By: Michele M. Bradford, ESQUIRE Identtfication No. 69849 Two Penn Center Plaza - Suite 900 Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff HELLON MORTGAGE Ca-lPANY CUMBERLAND COUNTY. (s/a/M TO HELLeN FINANCIAL SERVICES CORPORATOIN 1/9) VB. VIRGINIA ADAMS, A/KIA VIRGINIA R. ADAMS COURT OF CCMot:lN PLEAS CIVIL DIVISION NO. 9B-1366 CIVIL ORDER AND NOW, this day of , 1998, the Prothonotary is ORDERED to reassess the damages in this case as follows: Principal Balance Interest Amount 10/01/97 through 03/02/99 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit $45,250.22 6,342.53 602.56 2,262.00 905.10 0.00 315.25 0.00 0.00 6,537.42 $62,215.08 TOTAL Plus interest per diem from 03/02/99 through Date of Sale at six (6%) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARF. NOT INCLUDED IN THE ABOVE FIGURES. BY THE COURT: J. .~. . . 1. Plaintiff is MELLON MORTGAGE COMPANY (S/B/M TO MELLON FINANCIAL SERVICES CORPORATION #9) 1775 SHERMAN STREET SUITE 2300 DENVER, CO 80203-4395 2. The name(s) and last known addressees) of the Defendant(s) are VIRGINIA ADAMS A/K/A VIRGINIA R. ADAMS 1450 NEWVILLE ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 8/3/90 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COMMONWEALTH NATIONAL BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 986, Page 997. By Assignment of Mortgage dated 8/3/90 the mortgage was assigned to MELLON BANK, N.A. which Assignment is recorded in Assignment of Mortgage Book No. 384, Page 874. By Assignment of Mortgage dated 8/30/90 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 390, Page 1158. 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 11/1/97 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." fib ... ;'i ~U3 C\.J ffi~~ LnuU (j)a:I:l~ to fZI3 c.c... ~ C') a.. \! a. ~\! lU a: po.taga Fee. Postage Cer1Jfttd F.. Rerum. R<<~pt mowinG to DI'I, and AdC1,nl of Oltlvtrj TOTAL Poms. .nd Fen I. , " Sent 10 ADA M 'S p='t)SO!lS::1.oc.':J '2- Mellon Mortgage Company ACT'6 01/08/98 VIRGINIA ADAMS 1450 NEWVILLE RD CARLISLE . PS Form 3800, June IU8S PA 17013 RE: MORTGAGE LOAN #0508520032 DEAR MORTGAGORS: NOTICE OF INTENTION TO FORECLOSE MORTGAGE INV # 00906 THE MORTGAGE HELD BY MELLON MORTGAGE COMPANY (HEREIN AFTER WE, US OR OURS) ON YOUR PROPERTY LOCATED AT: 1450 NEWVILLE RD CARLISLE PA 17013 IS IN SERIOUS DEFAULT BECAUSE YOU HAVE NOT MADE THE MONTHLY PAYMENTS OF $ 928.00 FROM 11/01/97 AND SUBSEQUENT PAYMENTS THROUGH THE CURRENT MONTH. LATE CHARGES (AND OTHER CHARGES) HAVE ALSO ACCRUED TO THIS DATE IN THE AMOUNT OF $ 75 .32. THE TOTAL AMOUNT NOW REQUIRED TO CURE THIS DEFAULT OR IN OTHER WORDS, GET CAUGHT UP IN PAYMENTS, AS OF THE DATE OF THIS LETTER IS $ 2853.32 YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS LETTER BY PAYING TO US THE ABOVE AMOUNT OF $ 2853.32. PLEASE INCLUDE ANY FEES, LATE CHARGES AND PAYMENTS DUE IN THIS 30 DAY PERIOD. SUCH PAYMENT MUST BE MADE IN CERTIFIED FUNDS (CASHIER'S CHECK OR MONEY ORDER) AND MADE AT MELLON MORTGAGE COMPANY, 1775 SHERMAN ST., SUITE 2300, DIDNER, CO 80203-4302. IF YOU DO NOT CURE THIS DEFAULT WITHIN THIRTY (30) DAYS WE INTEND TO EXERCISB OUR RIGHT TO ACCELERATE THE MORTGAGE PAYMENTS. THIS MEANS THAT WHATEVER IS OWING ON THE ORIGINAL AMOUNT BORROWED WILL BE CONSIDERED DUE IMMEDIATELY AND YOU MAY LOSE THE CHANCE TO PAY OFF THE ORIGINAL MORTGAGE IN MONTHLY INSTALLMENTS. ' IF FULL PAYMENT OF THE AMOUNT OF THE DEFAULT IS NOT MADE WITHIN THIRTY (30) DAYS, WE ALSO INTEND TO INSTRUCT OUR ATTORNEYS TO START A LAWSUIT TO FORECLOSE YOUR MORTGAGED PROPERTY. IF THE MORTGAGE IS FORECLOSED, YOUR MORTGAGED PROPERTY WILL BE SOLD BY THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREE AT 1(800) 342-2397 z' i/EJoiIBIl A . . ~ *-lIe Mlo~. ~__ .anv 1775 Sherman Streat Suite 2300 Denver, CO 80203-4302 (303) 837.2000 THE SHERIFF TO PAY OFF THE MORTGAGE DEBT. IF WE REFER YOUR CASE TO OUR ATTORNEYS, BUT YOU CURE THE DEFAULT BEFORE THEY BEGIN LEGAL PROCEEDINGS AGAINST YOU, YOU WILL STILL HAVE TO PAY THE REASONABLE ATTORNEY'S FEES, EVEN IF THEY ARE OVER $50.00. ANY ATTORNEY'S FEES WILL BE ADDED TO WHATEVER YOU OWE US. WHICH MAY ALSO INCLUDF.: OUR REASONABLE COSTS. IF YOU CURE THE DEFAULT WITHIN THE THIRTY DAY PERIOD, YOU WILL NOT BE REQUIRED TO PAY ATTORNEY'S FEES. WE MAY ALSO SUE YOU PERSONALLY FOR THE UNPAID PRINCIPAL BALANCE AND ALL OTHER SUMS DUE UNDER THE MORTGAGE. IF YOU HAVE NOT CURED THE DEFAULT WITHIN THE THIRTY DAY PERIOD AND FORECLOSURE PROCEEDINGS HAVE BEGUN, YOU STILL HAVE THE RIGHT TO CURE THE DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE HOUR BEFORE THE SHERIFF'S FORECLOSURE SALE. YOU MAY DO SO BY PAYING THE TOTAL AMOUNT OF THE UNPAID MONTHLY PAYMENTS PLUS ANY LATE CHARGES THEN DUE, AS WELL AS THE REASONABLE ATTORNEY'S FEES AND COSTS CONNECTED WITH THE FORECLOSURE SALE AND PERFORM ANY OTHER REQUIREMENTS UNDER THE MORTGAGE. IT IS ESTIMATED THAT THE EARLIEST DATE THAT SUCH A SHERIFF'S SALE COULD BE HELD WOULD BE APPROXIMATELY SIX (6) MONTHS FROM THE DATE OF THIS LETTER. A NOTICE OF THE DATE OF THE SHERIFF'S SALE WILL BE SENT TO YOU BEFORE THE SALE. OF COURSE, THE AMOUNT NEEDED TO CURE THE DEFAULT WILL INCREASE THE LONGER YOUR WAIT. YOU MAY FIND OUT AT ANY TIME EXACTLY WHAT THE REQUIRED PAYMENT WILL BE BY CALLING US TOLL-FREE AT 1-800-458-1017. THIS PAYMENT MUST BE MADE IN CERTIFIED FUNDS (CASHIER'S CHECK OR MONEY ORDER) AND MADE PAYABLE TO US AT THE ADDRESS STATED ABOVE. YOU SHOULD REALIZE THAT A SHERIFF'S SALE WILL END YOUR OWNERSHIP OF THE MORTGAGED PROPERTY AND YOUR RIGHT TO REMAIN IN IT. IF YOU CONTINUE TO LIVE IN THE PROPERTY AFTER THE SHERIFF'S SALE, A LAWSUIT COULD BE STARTED TO EVICT YOU. YOU HAVE ADDITIONAL RIGHTS TO HELP PROTECT YOUR INTEREST IN THE PROPERTY. YOU 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. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY, SUBJECT TO THE MORTGAGE TO BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT ANY OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT THE PENNSYLVANIA HOUSING FINANCE FREE AT 1 (800) 342-2397 AGENCY CAN BE REACHED TOLL 'I.:~... I,' - djng,',;"" i\ . '" "....0 ~ J", @ Mellon Mortgage Company 1775 Shennan Street Suite 2300 Denver, CO 80203-4302 (303) 837.2000 ACT 6 NOTICE PAGE 3 MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. IF YOU CURE THE DEFAULT, THE MORTGAGE WILL BE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED. HOWEVER, YOU ARE NOT ENTITLED TO THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR. YOU HAVE THE RIGHT TO ASSERT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, THE NONEXISTANCE OF A DEFAULT OR ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO ANY SUCH ACTION. IF yOU MAINTAIN CREDIT LIFE OR DISABILITY INSURANCE IN CONNECTION WITH YOUR MORTGAGE LOAN, YOUR FAILURE TO PAY PREMIUMS WITH YOUR PAYMENTS MAY HAVE ALREADY RESULTED OR MAY RESULT IN THE FUTURE IN A LAPSE OR A CANCELLATION OF THAT INSURANCE BY THE INSURANCE COMPANY. IF THE INSURANCE LAPSES OR IS CANCELLED, REINSTATEMENT OF THE LOAN WILL NOT REINSTATE THE INSURANCE, AND YOU WILL HAVE TO APPLY TO THE INSURANCE COMPANY AND QUALIFY FOR REPLACEMENT INSURANCE IF YOU WISH TO CONTINUE IT. IF YOU MAKE PARTIAL PAYMENTS ON ACCOUNT OF THE DELINQUENCIES, WE MAY ACCEPT THEM AND APPLY THEM TO THE DELINQUENCIES, HOWEVER, SUCH PARTIAL PAYMENTS WILL NOT CURE YOUR DEFAULT OR REINSTATE YOUR LOAN UNLESS WE RECEIVE THE ENTIRE AMOUNT REQUIRED TO CURE THE DEFAULT. IF APPLICABLE TO YOUR MORTGAGE LOAN, ENCLOSED IS A NOTICE OF CERTAIN RIGHTS YOU MAY HAVE UNDER THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983. YOU SHOULD CAREFULLY READ THAT NOTICE SINCE IT EXPLAINS RIGHTS YOU MAY HAVE UNDER THAT ACT TO OBTAIN MORTGAGE ASSISTANCE TO CURE THE ABOVE DELINQUENCIES AND POSTPONE THE START OF FORECLOSURE PROCEEDINGS WHILE YOU APPLY FOR SUCH ASSISTANCE. THE DATES STATED ABOVE FOR ACCELERATION, FORECLOSURE AND ESTIMATED DATE FOR SHERIFF'S SALE ARE BASED ON THE ASSUMPTION THAT YOU DO NOT TAKE ADVANTAGE OF ANY RIGHTS YOU THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREE AT 1 (800) 342-2397 t8XHIBIT A ..' .' Dl.TE: ACT 91 NOTICE IMPORTANT: NOTICE OF HOMEO~ EMERGENCY MORTGAGE ASSISTANCE ~ PLEASE READ THIS NOTIC c YOU MAY BE ELIGIBLE FOR FINANC to :II WHICH CAN SAVE YOUR HOME FROM 0 fa ~ AND HELP YOU MAKE FUTURE MORTG ..-i Ii: ~ 01/08/98 ~ ~ i I O">lCli to~ ~ CO Ii: i en 'i 17013 a. ~ w VIRGINIA ADAMS 1450 NEWVILLE RD CARLISLE PA RE: ACCOUNT NO.: 0509520032 INV # 00906 1450 NEWVILLE RD TO: FROM: . CARLISLE VIRGINIA ADAMS MELLON MORTGAGE COMPANY PA pootaga ..aao. POltag. ClII1Jftod FH Rotum. RoctlpI showInQ to wi 00", and Md_ of 00l1Yt<y TOTA~ PO'"O' and FH' Sent 10 Q..J..o,'N'. ':> O~O f1S z0032.- 1 YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE THAT WILL PREVENT FORECLOSURE ON YOUR MORTGAGE IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1993 (THE "ACT"). YOU MAY BE ELIGIBLE FOR EMERGENCY TEMPORARY ASSISTANCE IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, YOU HAVE REASONABLE PROSPECT OF RESUMING YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. PLEASE READ ALL OF THIS NOTICE. IT CONTAINS AN EXPLANATION OF YOUR RIGHTS. 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 A REPRESENTATIVE OF THIS LENDER, OR WITH A DESIGNATED CONSUMER CREDIT COUNSELING AGENCY. THE PURPOSE OF THIS MEETING IS TO ATTEMPT TO WORK OUT A REPAYMENT PLAN, OR TO OTHERWISE SETTLE YOUR DELINQUENCY. THIS MEETING MUST OCCUR IN THE NEXT THIRTY DAYS. IF YOU ATTEND A FACE-TO-FACE MEETING WITH THIS LENDER, OR WITH A CONSUMER CREDIT COUNSELING AGENCY IDENTIFIED IN THIS NOTICE, NO FURTHER PROCEEDING IN MORTGAGE FORECLOSURE MAY TAKE PLACE FOR THIRTY (30) DAYS AFTER THE DATE OF THIS MEETING. THE NAME, ADDRESS AND TELEPHONE NUMBER OF OUR REPRESENTATIVE IS: MELLON MORTGAGE COMPANY 1775 SHERMAN STREET, SUITE 2300 DENVER, COLORADO 90203-4302 THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREE AT 1 (900) 342-2397 . .~i8rr -8" .4' . , ACT 91 NOTICE PAGE 2 THE NAMES AND ADDRESS OF DESIGNATED CONSUMER CREDIT COUNSELING AGENCIES ARE SHOWN ON THE ATTACHED SHEET. IT IS ONLY NECESSARY TO SCHEDULE ONE FACE-TO-FACE MEETING. YOU SHOULD ADVISE THIS LENDER IMMEDIATELY OF YOUR INTENTIONS. YOUR MORTGAGE IS IN DEFAULT BECAUSE YOU HAVE FAILED TO PAY PROMPTLY INSTALLMENTS OF PRINCIPAL AND INTEREST, AS REQUIRED, FOR A PERIOD OF AT LEAST SIXTY (60) DAYS. THE TOTAL AMOUNT OF THE DELINQUENCY IS $ 2853.32. THAT SUM INCLUDES: PAYMENTS DUE SINCE 11/01/97 AND ACCURRED LATE CHARGES. 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 HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE FUND. IN ORDER TO DO THIS, YOU MUST FILL OUT, SIGN AND FILE A COMPLETED HOMEOWNERS' EMERGENCY ASSISTANCE APPLICATION WITH ONE OF THE DESIGNATED CONSUMER CREDIT COUNSELING AGENCIES LISTED ON THE ATTACHMENT. AN APPLICATION FOR ASSISTANCE MAY ONLY BE OBTAINED FROM CONSUMER CREDIT COUNSELING AGENCY. THE CONSUMER CREDIT COUNSELING AGENCY WILL ASSIST YOU IN FILLING OUT YOUR APPLICATION AND WILL SUBMIT YOUR COMPLETED APPLICATION 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 PROMPTLY. IF YOU DO NOT DO SO, OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY. AVAILABLE FUNDS FOR EMERGENCY MORTGAGE ASSISTANCE ARE VERY LIMITED. THEY WILL BE DISBURSED BY THE AGENCY UNDER THE ELIGIBILITY 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 RECEIVES YOUR APPLICATION. DURING THAT ADDITIONAL TIME, NO FORECLOSURE PROCEEEDINGS 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 ON YOUR APPLICATION. THE PENNSYLVANNIA HOUSING FINANCE AGENCY IS LOCATED AT 2101 NORTH FRONT STREET, POST OFFICE BOX 8029, HARRISBURG, PENNSYLVANIA 17105. TELEPHONE NO. (717)780-3800 OR 1(800)342-2397 (TOLL FREE NUMBER). PERSONS WITH IMPAIRED HEARING CAN CALL (717)780-1869. THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREE AT 1 (800) 342-2397 1~~~IT' lJ81' aGOra .oUILDg COqlO...iOD .4' ~~ Broad St:..e ,b1ladalphia. 'A 1'120 (2111 111-1221 (2111 "5-1.2' (taxI ."Okl, Ch.lter, Delawu., IIoDtg08eEY, ,hil..s.1phia act.J.OD WouiDg, IDa. ..-bar Two Gatoway C'aIleer ,th floor ,ittoburgh. 'A 15222 (U21 291-1955 , (U21 391-.512 I tax! Allegbeny, .eaver, aue1er, rayece., ar..D., WUll1DgtOD, W..tmor.1AD4 AM c..dit COUDaoling tnaeitute 175 Str.f:~o:d Avenue, suit. 1 Wayn., PA 19087 (510! '11'2210 (5101 581-1850 (taxI Buck., Chelter, eela.are. NODt;~ry, 'hiladelphia American Red Cro..~ B&Dover Chapt.er 529 Carlisle Street. Hanover. PA 17331 1111! 537-3158 (117) 531-22'. Itax) Adami, YorJc, 'rankl1D. Bedford-rultoD Houaing Service. a.D. #1. Box 384 Everett, PA 15537 18141 523.912' (81.! 523-7187 (tax) Bedf:ord. Bl.ir. Cambria, rultQn. Buntingdon, SOIIWr.et . Bla1r County Bcon Opportunity Council 2100 6th Avenue Alteena. PA. 16602 (81." "5-3551 (814) '45-5451 Itax) AdlIlIl& Booker T. Ka.hingtoa. Canter 1720 Holla~d St:eet Erie. PA 16503 (814! .53-5744 (814) 453-574' Itax) Crawford. srie. Warran Buck. County Hou.ing Group. Inc. 140 E. p~cbardson Avenue L&nghorne, PA 19047 12151 750.4310 (215) 750-4318 Itaxl Buc," Budget: Counaeling Center 247 North Fif:th Street Re.ding. PA 19601 (510) 375-7855 15101 275-5575 Ifax) Berka, Ches ter, Montgomery, Schuylkill PBNNSYLVAN'.tA BOtrSnm rINANCB AGBHCY BOMBONNER'S BMBRGBNcr MCIlTQAQB ASSXSTANCB PIlOaRAM CONStlHBIl CRJmXT COtmSllLXNG AQBNCXBS cccs o! We.tern 'enDaYlyanJ.a, Inc. 312 CheltDut Strllt SUito 221 Noadvillo. 'A 15335 (8141 333.8810 LaWl'IDCI eecs of We.tlrn .ena.aylvW.a, %.Au. Senior Activity Canter 550 Main Str.ee JOhDlt~WD, PA 15901 (8141 519.'335 Cambria, Somerlet C:CCS of: Korthe..tem '......yl vonJ,a 185 11mira Street P.O. Box 218 Troy. PA 1"47 1117! 2".2101 (7171 2'7.279' I fax) Brad!ord,Sullivan, Su.quehanna, Tioga, wayna, Wyoming cces o! Northealtern punaylvania Ruman Se~/ices Building 541 Wyoming ~venue. BoX 168 Sc:anton. PA 18501 (7171 342-1012 o. 800-922.9537 (1111342.8040 Ifax) , arad!ord, Carbon, Columbia, :,acka.anna, :'u:ernl, Lycoming, Monroe, Montour. Northumberland, Pika, Sullivan, SUlquehaDna, Tioga, Wayn., ~ng CCCS of Weatern PenDAylvania, Inc. 1 Nor:h Gate Square #2 Ca:den Cen:er Drive Greensburg. PA 15601 (U21 838-1290 I'ayettl, Greene, Indiana. S~rset, Naah.1ngtoD, w.at:Doreland cecs of: Oelawar. Vall.y 15t5 Market Street Suite 1325 __philadelphia. PA'19107 (215) 553-5555 (215! 854-2555 (fax) Bucks, Cheater. tlet.",are. Mont~o, pbiladelpbia CCCS of MIstern Pennlylvania. Inc. 309 Stnith!ield St. pittsburgh. PA 15222 (U21 471-7584 Allegbeny cecs of Northeastern Pennsylvania 17 cratton St:eet Wellsboro. PA 16901 (711) 124..5252 1717) 72".5783 (fax) Bradford, Sullivan, susquebanna, Tioga, Wayne. wyoming CCCI o! We.eerD .ennaylvud.a, %.Dc. 500..02 )rd AVlnul P. o. IOJ( 2'7' Duncanovillo, 'A 1"35 11141 ,,,.3SH araatrong, .ed!o~d, .1a1r, C..bria, C...rOD, Centre, Cle.r!i e14, .UDtingdo:D., JUD1at., K1!Uin, Union ceca o! Korth...tera ,onnaylvaoia 31 W. Marklt Strl.t Wilk....a.rr.. PA 18702 11171 821-0831 o. 800.922-9531 (111) 821-1788 (tax) Brad!orcS, Carbon, Columbia, LackavaDDa, Luaerne, LycomiDg, Monroe, Montour, Korthumblrland, Pikl, Sullivan, Suaquehanna, 'l'iog'a. Wayne. wyoming CCCS a! Nortbe.atern Plnnsylvania 9 South 7th Street Stroudsburg. PA 18360 800.922."31 (717) ":0..B98t C:axl Bradf:ord, Carbon,Monrol, pike, Wayne CCCS of: W.atern PlDDlylvania. Inc. 675 cner~{C:ee LADe UniontoWD.. PA 15401 14121 439.8939 Weatmoreland cecs o! Westarn Pennsylvania, IDc. 58 E. Ch.e::y Avenue Washington. pa 15301 (4t:) ~:2.e:9:! wubington eccs of Nortbla.tern Pezmaylvan1a German Street P.O. Box 389 ouahore. PA 18614 (1171 928-9"8 (117! 928-81H (taxI Bradford, Sullivan, suaquehanna. Tioga, Mayne. Wycm.lDg' CCCS of: Weatern Pezmaylvania, IDC. YMCA Building 339 N. WaDhington Street Butler. PA 16001 (4121 28~-7812 ' lutler, Clarion, Jlff:erson, Hercer, Venango CCCS of Lebigh Valley 3671 Crescent Court EAst Whi.ehall. PA lB052 1610) B21-4011 or 800..:20..:133 (717) or (81") only 15101 821-0137 (fax) 15101 821-4010 I fax) Beru. Buckl, Carbon, Lancaster. Lehigh, NortbamptoD. Scbuylkill .... l/n eccl o! W..tern .l.DIUylvuJ... %AG. 2000 ~1nglootowa KDad Uarr1lburq, PA 17102 (1111 541.1111 (1111 131"51' Itax! Ada.., euabl~laDd. Dauph.1.D, 'r&Ak1in, 'Iny, .nydIJ:, 1'ork cecl of WI.tIJ:D .e:n.y1vania, Inc. '71 Thi.d Stroot S.aVlr, PA 15009 14121 ".'0"1 I..vel: ceel a! Morth...tern Pezm.ylvan1a 103 Warren Str.et P.O. Box 709 TUnkhannock, PA 18657 (1111 835-5840 (717! 835-5332 arad!ord. Sullivan. suaquehanna, Tioga. Waynl, Wyoming CCCS o! NOJ:thla.te~ 'enn.ylvania 931 M.in St:eet Honesdale. rA 18431 (7111 253 -4981 (717) 253-4817 I fa,,) Bradf:ord, Sullivan. SUlquehanna, Tioga. Wayne, M'y'oming cces o! Weater: Pennly1van1a, %nc. 912 South George St:eet Yo.k. PA 17403 17171 845-4175 rulton, Lanca.tlr, York 'ranklin cccs of: Weater: Pennsylvania, Inc. ls: Federal Pla:& Suite 406 No.~h Hill St...t New Castle. PA 16101 (412) 552-8074 Lawrence ComaU.a.ion on .conomic~ Opportunity oe Lu:ern. county 163 Am!:ler Lane wilkel.Bar~e. PA 19702 (717) 826.0510 or 800-822-0359 (717) 829 1665 cal: be!ere faxing 17171 455-U" IWa:.ltol> (717)455 5531 (tax) eel: be!ore f:axing 1717! 825-409. lTunkhannock! . Carbon, . 'Columbia. LuzerDa, MeDree. Schuylkill, Nycming Community Actio': Commisaion of: the . Capital aegion 1514 Derry St~eet Harrisburg, PA 17104 (717) 23:.9757 (717) 234-2227 (fax) Cumberland, Dauphin I'ranklin, Perry, Snyder EXHIBIT "8' ca..iulCY. ActioQ D~l0p000a' c_ 101 DoJcalll 'troot Ifo...ilt_. PA 15.01 (SlO) 211'UU (SlO) 211-2122 Ifaxl _t~ ~ lIttY D.....las-eat earp. 01 .raDkford. arouP "Witty ..20 arilcoa 'troot .hilldalphi.. PA 1912. (215) ,..-2910 (215) ,..-2012 (fax) ~, Ch8.e.~, Del.-.ze .hila4.1plU.. co..unley Actlon aouthwolt. 22 MOlt High Stroot M.Y"olburg. VA 15210 , (4121 152-2891 Allegbeny, ..yett., a~een., W..b:l.ngtoD, ...tma~.l&Dd coa.unlty .ou.ing ccnmaelo~, IDe. P.O. Box 2.. xennett Square, PA 19348 (&101 ...-2682 (610) ...-211B (fax) ..~k., Ch..ter, Delawar., Lanca.eer, Nontg-omery .eonomic Opportunity Cabinet of Schuylkill COUDty 225 N. Cencre Streee Poc~avil1., PA 17901 (111)' 622-1995 11111 622-0'29 (fIX) ..rka, Cubou, r.abanou, Leb:l.g-h, I.uzerne, N.o r t 1:1. u m. b . r 1 a u d , Schuylldl1 .ar"tto co community Actlon Aqency, Iac. 131 Horch Deelon Avenue Uniontown. PA 15401 (4121 431-6050 or BOO'421-INFO (412) 421-4418 .ayett. 7iuaDcial coun..ling- Se~ice. of I'rank1in 31 Welt 3rd Street Mayaeabora, 'PA 17268 (117) 762-22B5 Ada.., Cumberlaud, J'ultou, Perry .iaancial S.rvic.. UnlJ.mJ.t.d. 31 Welt 3rd Street Waynelbora. PA 17268. (717). 762-32B5 .ranklln Greater .ri. Community ActloD Committ.e 18 Welt 9th Street Erie. PA 16501 IBU) '59-4581 (81'1 '56-0161 (flxl Cravfor4, Eri., Veaanqo. Warreu. Uspan.ic AleoC. of concractorl/tnt.rprls.. 2'21-27 North 5tb Streat philldolpbil. PA 19122 12151 74<.2990 (2151 74<.2012 (faxl auaka, Cheater, Delavaxe .lU.ladolpbia &ouoiD9 Opportuniti.1 01 .......1" Cowu:y, IDa. 1501 3re! Stroot ..aver, 'A 1500' (4121 72B-7511 (4121 66..1590 (.121 72B-7202 (fax) (.121 'U.OB72 (fax) .....r, Butl.r, La~ance .ouing OppoctUDltle., IDc. 133 seventb Street '.0. Box 9 McKee.porc, PA 15132 (412) 664.1590 (412) 664-0B72 (fax) Allegheny, ..avec, .utler, Wa.blugton, Westmoreland. Soullng cOUDcll of Tock 116 North George Street York. PA 17401 (7171 B54.1541 17171 B45-7934 (faxl 1'ork Dousinq AAsoclation o~ Dela..,are Valley 1500 Wal~ut Street Suite 601 phil.del.hil, PI. 19102 (2151 545.6010 (2151 790-9132 Ifaxl philadelphia IDcU.ana County Comanm!ty A.c:t:ion ProgrUl 827 Water Street. Box 181 Indiana, PA 15701 (4l2) -165-2657 (412) 465-511B 1:1,"<1 Armstronq, Cambria, Cle.r~ie14, In4iana, Jefterson, Wea==cre1an4 John .. Xenn.4y Center, IDc. 2021 East 20th Street Erie. pi\. 16510 (BUI B9B.0'00 (S14) B9B-1243 I fax) Crawfor4, Ilk, Iri., . Je~leraou.., Mcke.n, Venango Xeyatou. Iconomlc DevelopmeuC Corp. 19S~ Marl Grace Lane Johnstown. PA 15901 (8141 535.6556 IB14) 539-16BB (flxl Bedtor4. B1alr, Cambria, Cleartl.14, ID4iana, So=-rset, K..t=Ore1an4 Lyco~nq_Cl1ntonCoUDtle. Commis.ion :or Community Action (STEP) 2138 Lincoln Street P.O. Box 1328 Willlamsport. pi\ 17703 (7171 32&.05B7 (1171 322-2197 (tax) Centre, Clinton, Lycomia.q, Union .--- ..,.... . Madia ,.11owabJ.p loue 302 S: Jackson Stre.t "odh. PI. 19063 InOI 565-084' Che.ter, Dela.are, MoDtgQM,ry, ptL11ad.elpbJ.a llecUa rellawah.ip Rou.. '51 No~b Watt. Stre.t Philldolpbil. .A 19122 (2151 971.022. (215) 765.7614 (faxl .bilodolpbil IID_loye4 IlDD.Valloy c~tt.. 120 I. 9tb Avanue lomalt..d, PA 15120 (412) 462.9962 (4121 462.9914 (faxl Allegh.ny, aeaver, lutler, ..yette, Orean., Waah1a.gton, ..Iemareland Morthel'D Ti.... COZIIIIWlit:y Actlau. Corp. P.O. Box 389 135 West 4th Street Emporium. PA 15B2. (BU) 486.1161 (sUI 486-0B25 Ifaxl Cameron, Ilk, Mcltean, Potter Philadelphia COUDcil for COGDUDity Advancameu.t 100 Ncr:~ 17th Street Suit 600 . philAde:phia. PA 19t03 12151 5&7-7803 12151 963-9941 1:",,1 Che.ter, D.1aware, Montgom8ry, Ph11ade1pbJ.a Shea.ango Valley Orban L.ague, Inc. 601 Indiana Avenue Farrell, PA 161:1 (412) 9Bl.5310 Crawford, Lavreu.ee, Mercer Tableland s.rvice., IDC. 131 Nor:h Center i\venue Somerset, PA 15501 (8141 ..5.9628 (SUI 443.3690 (faxl Be4tord, C..bria, rayett., Somer..e, West=Cre1and Tabor CoszaztW11ty Service., IDe. 439 E. King Street Lancal~er. PA 17602 (717) 397-5182 or 800.788.5062 (H.O. only) (111) 399--1127 (tax) Ch.lter, Lau.ca.cer, Lebanon The Trebab C.nter at Northeastern PA 1 Lake AVenue, Box 339 Montrose, PA 18801 (717) 278-3338 or 800.982.010015 (7171 278.18B9 lfaxl Bradford, Sullivan, su.quehanna, Tioga, Wayno. HycmJ.ng' Urban Leagu. of .ittaburgb, lAc. luildin; ror IqUll .Opportunitr ono Sm1tbf 014 Stroot pittlburgh. .A 15222. 2222 (412) 221.4802 (.121 2'1-5201 (faxl oUlll1boay Urbaa. L.ague of ..tropolitao aarrilburV 25 ~. 'roDt Stroot Sarrilburg, PA 11101 (117) 224-5925 (1111 22.-9.59 (faxl ..rry Ucban Leagu. of ..tl"Cpolltan aarrlaburg 2107 ~. 6th Stroot Barri.burg, PA 17101 (717) 22.-5925 (111) 224-9459 Cumb.~land, Dauphlu., Franklin, Suyd.r Warreu-,orreat COUDt:l.es .eoDomic opportun:l.ty Council 204 Liber:? Street P.O. Sox 5'" Warren, PA 16365 (BUI 126-2'00 (SUI 123-0510 (faxl Porest, Nar::en W.etherl~acion Ottice 917 ~i~flin St::.et Huntingdon, PA 16652 (B1~1 643-2243 Bedford, Blalr, pulton. BWlt:in~don, Ju.nlata, Ki~~llu, P.ny rHCA of Carlisle 301 G Streee Carlisle. PA 17013 (717) 2U.3B1B (117) 721-95B9 (flxl CUmberla.nd., pra.nkliu., Perry aev 1/97 : EXHIBIT "5'