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HomeMy WebLinkAbout01-5827FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MORTGAGE COMPANY-WEST F/K/A MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION phrase NO. 0 1 - ~'~'~ CUMBERLAND COUNTY LAWRENCE W. SMERLING LAUREN A. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, PA. 17011 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUlVIBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 5801952086 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is CHASE MORTGAGE COIvIPANY-WEST FFK/A MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 The name(s) and last known address(es) of the Defendant(s) are: LAWRENCE W. SMERLING LAUREN A. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, PA. 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 8/21/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST UNITED MORTGAGE SERVICES, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage BookNo. 1401, Page 172. By Assignment of Mortgage recorded 8/25/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 555, Page 505. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 3/1/00 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." The following amounts are due on the mortgage: Principal Balance Interest 2/1/00 through 10/1/01 (Per Diem $30.88) Attorney's Fees Cumulative Late Charges 8/21/97 to 10/1/01 Cost of Suit and Title Search Subtotal $150,265.34 18,775.04 4,000.00 1,122.69 750.00 $174,913.07 Escrow Credit 0.00 Deficit 3,328.72 Subtotal $3,328.72 TOTAL $178,241.79 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c on the date(s) set forth in the tree and correct copy of such notice(s) attached hereto as Exhibit "A.' 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a tree and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $178,241.79, together with interest from 10/1/01 at the rate of $30.88 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff !7!754~467© CHASE ~AGE Loan t)~0~95-086 Chase Manhattan Mortgage Corporation 3415 Vision Dr~ve Columbus, OH 43219-6009 1-800-848-9380 Collections 1-800-582-0542 TDD/Te',<t Telephone LAWRENCE W SMERLING 519 SPRING HOUSE KD C.~IP HILL PA 17011-1455 RE: Loan #5801952086 November S, 2000 Certified Nail Return Receipt Requested ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This ia an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific informatioa about the natur~ mf the default ia provided in the enclosed pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be ~ble tc help save your home. This Nosice explains ho~ nhe program works. To see if HEMAP can help~ you mus~ ~gT WITH A CONSUMER CREDIT COUNSELING AGENCY WTTHIN 30 DAYS OF T~E DATE OF THIS NOTICE. Takm this Nctic~ with you when you meet wi~h the Counseling Agency. The name, address and phone number of Consumer Credi~ Counseling Agencies 3~rving your County are listed at the end of this No,ice. If you hav~ any questions, Fou may call the pennsylvania ~ou~ing Finance Agmnzy toll free at 1-~00-342-2397- (Persons with impaired hearing can call (717) This Notice containa important legal information. I~ you have any questions, reprmsentaCi~s at the Consumer Credit Counseling Agency mmy be a5l~ ~ exF%ain it. You may also want to contact an mttorn~y in your area. The bar association may he mb!a to help you find a 12:o$,00 TI'E 14:43 [TX,'RX NO 632S] ~o03 Loan #5801952086 LAUREN A. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, PA 17011-1455 August 23, 2000 Certified~ail Return Receipt Requested RE: Loan #5801952086 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the enclosed pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LAWRENCE W SMERLING Novsmber 8, 2000 Page 2 LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LI2~MANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO ~NCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO FOR EL PROGRAMA LLAi4ADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAiT' EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIFOTECA. HOMEOWNER'S NAME(S): LAWRENCE W SHEKLING, LAUREN A SMERLING PROPERTY ADDRESS: 519 SPRINt HOUSE RD, CAMP HILL PA 170!I-~a55 LOAN NUMBER: 580i952086 Current Lender/Service: Chess Manhattan Mortgage Corporation HOMEOWNER'S E~iRGENCY MORTGAGE ASSISTANCE PROGP, A~ YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYmeNTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU ~%Y BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TF/~PORARY STAY OF FORECLOSURE - Under the Act, you ars entitled to a t~mporary stay of foreclosure on your mortgage for thirty (30) days from the date of Notice. During uhau sims you mus~ arrange and attend a "face-to-~ace" meeting with one of the consumer credi: counseling agencies listed at the end of this No=ic~. 1~I$ ~ETING I~3ST OCCUR ~1~ T"w. NEXT 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE~ YOU MUST BRING YOUR MORTGAGE UP TO DATE- THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT,"_E__XPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. 12,05.'o0 TUE 14:43 [TX.'RX ~0 6328] ~oo4 12/85.."2(~88 14: 5~ 1717548467kS CCCS PaGE CHASE Certified Mail LAWRENCE W S~{ERLING Nouember 8~ 2000 Page 3 CONSUMER CREDIT COUWSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listsd at the end of this Notice, ~he lender may NOT take action aSa~nst you for thirty (30) days after the date of chis meeting. Thc names~ a~dress~s and telephone numbers of desi~nated consumer credit ~ounseiin~ agencies for the county in which the property is located are forth at the end of this Notice. It is only necessary to schedule one £ace- to-face meeting. Advise your lender immediately of your intentions. A~FLICATION FOR MORTGAGE ASSISTANCE - Your morfgage is in d~fault for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and ars un=bls to resolv~ this problem with the lender, you have the righ5 to apply for financial assistance from =he Homeowner'~ Emergency Mortgage Assistance Program. To do so, you must fill out, aign and file a completed Homeo~.er's Emergency Assistance Program Application with one ef the designated consumer credit counseling agencies listed a~ the end of this Notice. Only consumer credit counseling agencies hmve applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. ~OU MUST FILE YOUR APPLICATION PROMPTLY. IF TOU FAIL TO DO $O OR IF YOU DO NOT FOLLOW TM~ oT~ER TI~ PEKIODS SET FORT~ IN T~IS LEi-fER, FORECLOSURE MAY pROCEED AGAINST YOUR HO~E L~EDIATELY ~ YOUR A~PLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIRD. ACENCY ACTION - Available funds for emergency mortgage assistance are very limited. They wiil be disbursed by the Agency under the eligibility criteria establizh~d by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after i~ receives your application. During that time, n~ fnr~clcsura proceeding~ will be pursue~?against you if you have met the time requirements set forth above. You will be notified dirmctly by Pennsylvania Housing Finance Agency of i~s decision on your application. NOTE: IF YOU AR~ CURRENTLY PROTgCT~D BY T~E FILING OF A PETITION IN BA~.KUPTC~, [~ FOLLOWING PART OF Ta±S NOTICE IS FO~ INFOI~ATION PURPOSES O~LY ARq) SMO~LD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT l'~u~ DEBT. (If you haws filed bankruptcy you can still apply for Emergency Mor~gag~ A~sistance.) 12,'0~,'00 T['E 14:43 [TX,'RX NO 6325] ~oo$ 1.2/rJS/2800 14:56 ].7! 754~34670 CCf':~ F';.,SE ~-~6 LAWRENCE W SM~ERLING November $, 2000 Page 4 HOW TO CUR~ YOUR MORTGAGE DEF&b'L~ (Bring it up to data) NA~ OF 'f~ DEFAULT - The MORTGAGE debt held by the above lend~r on your property located at: 519 SPRING HOUSE RD, CAMP HILL PA 17011-1455 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS fcr the following months and the following amounts are now past due: S~arting March 2000 through November 2000 at $i,264.27 par month. Total Monthly Payment~ Past Due Latm Other Char~es F~ $11,590.20 $565.48 S242.00 TOTAL AI~OUNT DUE TO Cb-RE DEFAULT: $12,397.68 HOW TO CUP. E T~ DEFAULT - You may curm the default within THIRTY (30) DAYS of the date of this Notice BY PAYING l'~u~ TOTAL A~OUNT PAST DI/E WHICH IS $12,397.68, PLUS ANY MORTGAGE PAY~NTS AND LATE C~RGES ~ICH BECOME D~ D~ING THE THIRTY (30) DAY PERIOD. ~men=s must be made either by cash~ cashier's check, certified check or money order made payable and sen= to Chase Manhattan Mort~ag~ Corporation. IF YOU DO NOT CURE I-~ DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its right, s to accelerate the mortgaF~.deht. This m~anm that the entire outstanHing balance cf this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full paymmut of [ha total amount past due is nor madm within THIRTY (30) DAYS, th~ land~r intendm to instruct its attorneys to start legal action to foreclose 9pon 12 0S.~00 TUE 14:43 [II.RI NO ~a28] ~008 12/85/2888 14:56 !-175a84gT~'3 CC,SS PAGE 87 OHASE Certified Mail LA%fF. ENCE W SMERLING November S, 2000 IF '£"~ MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by th~ Sheriff co pay off the mortgage debt. If the lender refers your case to its ~ttornaym, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required ~o pay the reasonable attorney's fems that were actually incurred, up to $50.00. Hog,ever, if the legal procmedings ere started against you, you will have to pay all reasonable attorney's fees actually incurred by ~he. lender even if they exceed $50.00. Any attorney's fees will be added to the amount you o~e the lender, which may also include other rea$onabl~'dos~s. If ¥o~ c~re the default within the THIRTY ~BO) D~ period, you ~ill not Be re~ired to pay a~terne~'s fees. OI~R LENDER P.F/~DIES - The lan~ar may also sue you personally for the unpaid principal balance and all other sums due under =he msr~age. RIGHT TO CURE -l'bU~ DEFAULT PRIOR TO SHERIFF'S SALt - If yo:z have not cured ~he defaul~ within the THIRTY (30) DAY period and foreclosure proceedings ha~e begun, you still have the right to cure the default and prevent the ~alm at any time up to one hour before the Shermff's Sale. You may do so by paying the total amount then pas~ due~ plus any late ~r o:her charges then due, reasonable ~ttorney's fees and co,ts e0~nac~ed with the foreclosure sale and any other cesta connected with the Sheriff'~ Sale as specified in ~ritinz by the lender and b_~ parforminK any other ~equiremen~$ ~nder the morteege. C~ring your EARLIEST POSSIBLE S~RII~'$ SAL~ DATE - I~ is estimated that the earliest da~e that such a Sheriff's Sale of ~he mortgaged property could be held would be approximately six (~) menths from the date of :~ls Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed ~o cure the default will increase the lon~er yo~ wait. You may find =u~-~. an~ time .eXg¢~ly_wha: the r~quired payment or action will be by contacting the lander. HOW TO CONTACT ~ LENDER: Name of Lender: Chase Manhattan Mortgage Corporation ~ddrass: 3415 Vision Drive Columbus, OH 43219-6009 Phone Number: (800) 848-9380 Fax Number: (614) 422-5381 Contact Pmrson: Scott Casteel EXHIBIT A 12,'0~ 00 TI'E 14:43 [TX, RX ~0 6325] ~007 ~2/85/'2rJ8~,3 1,1:56 17].7~4~4~78 0SCS PaGE ~_8 LAWRENCE W SMERLING November 8, 2000 Page 6 EFFECT OF S~ERIFF'$ Sa~ - You should realize that a Sheriff's sale will end your ownership of the mortga&ed property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lmwsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSD]~PTION OF ~ORTGAGE - You might Be eligible to sell or Transfer your home to a buyer or transferee who w±ll assume the mortgage debu, provided that all the outstandlog payments, charges and attorney's fees and costs are paid prior to cf your ptoper~y. · OU MAY ALSO ~AV~ TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LEMDIN~ INSTITUTION TO PAY OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE 'r~ MORTGAGE RESTORED TO T~E SAME POSITION AS IF NO DEFAULT MAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THiS RIGHT TO CURE YOUR DEFAULT MORE T~AN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. · TO SEEK PROTECTION UNDER THE FEDER.a~L BANKRUPTCY LAW. Chase Manhattan Mortgage Corporation is attempting to collect a d~bt and any information obtained will be uae~ ~or that purpose. Sincerely, GOVEEN~IENT NATIONAL MORTGAGE ASSOCIATION by Loan Counselor C-173/1952056A.NOd/YZMCD/BREACH 12.o~,oo TUE 14:43 [TX,RX NO 6~2~] ~00~ PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REv. $/oo) CLINTON COUNTY COLUMBIA COL~'Y CRAWFORD COL'NTY Lycoming-Clinton Counties Commision for Community Action (STEP) 2138LincoinStreet pO Box1328 Williamsport, PA 17703 (570)326-0587 FAX 1570) 322-2197 CCCS of North¢~tem PA 20t Basin Street Williamsport, PA 17703 (570) 323-6627 FAX (570) 323-6626 31 W Market Street POB 1127 Wilkes-Barre, PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilke$-Barre, PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) g29-1665---{Call Before Faxing) (570) 455-4994 Hazeltown F.~X (570) 455-563 I---(Call Before Faxing) (570) 836--4090 Tunkhannock Booker T. Washington Center 1720 Holland Center Erie, PA 16503 1814) 453-5744 FAX (814) 5749 John F Kennedy Center, Inc. 2021 E~t 20* Street Erie, PA 16510 (814) 898-0400 F:LX 1814) 898-t243 CCCS of Western Pennsylvania, Inc. 2000 Lingl¢$town Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 6* Street Harrisburg, PA 17101 (717) 234-5925 FA`X (717) 234-9459 Community Action Corem of the Capital Region 15 [4 Derty Street Harrisburg, PA 17104 (717) 232.9757 FAX (717) 234-2227 (~UMBERLAND COL~TY CCCS of Northeastern PA 1631 South Atherton St,. Suite 100 State College, PA 16801 1814} 238-3668 FAX (814) 238-3669 1400 Abington Executive park Suite 1 Clark~ Summit, PA 18411 (570) 587-9163 or (800) 922-9537 FA`X (570) 587-9134-9135 Greater Erie Communits' Action Cornmitxee 18 West 9' Street Erie, PA 16501 (gl4) 459-4581 FAX 1814) 456-0 161 Shenango Valley Urban League, inc. 601 Indiana Avenue Farrell, PA 16121 (412) 9814310 Financial Counseling Services of Franklin 31 West 3'd Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 "G" Street Cai'lisle, PA 17013 .. 1717) 243-38 lg FA.< t717) 731-9589 Adams County Housing Authority. 139-143 Carlisle St. Gettysburg, PA 17325 1717) 334-1518 FAX 334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, JL,'NE 5, 1999 G~VD '~I~ ,~ ~]~J~C~. t~evcrlhele$~, to regtrlcttott$, e~tsemet~l$, attd condtlon$ <:f ~rior record VERIFICATION FR.-XNK FEDERMAN. ESQUIRE hereby states that he is attorney for Plaintiffin this matter, that Plaintiffis outside the jurisdiction of the court and'or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his ~nowledge. information and belief. Furthermore, it is counsel's intention to substitute a verification from ?laintiffas soon as it is received by counsel. The undersibmed understands that this statement is made subject to the penalties of 15 Pa. C.S. Sec. 490-' relating to unsworn t~alsification to authorities. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF FEDERMANAND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 1400 One Penn Center Philadelphia, PA 19103 (215) 563-7000 CHASE MORTGAGE COMPANY-WEST PLAINTIFF vs. LAWRENCE W.SMERLING LAUREN A. SMERLING DEFENDANT Attorney for Plaintiff : COURT OF COMMON PLEAS : : CUMBERId~ND COUNTY : : NO. 01-5827 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification with respect to the Complaint filed in the instant matter. Date: October 18, 2001 F K- FEDERM~N~~, ~SQ~IRE Attorney for Plaintiff VERIFICATION RYAN L. REITMAJER hereby states that she is ASSISTANT SECRETARY of CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: ASSISTANT SEC,~'TA~y SHERIFF'S RETURN ~CASE. NO: 2001-05827 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY-WEST VS SMERLING LAWRENCE W ET AL - REGULAR DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SMERLING LAUREN A the DEFENDANT , at 1933:00 HOURS, at 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 LAUREN SMERLING on the 10th day of October , 2001 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /f~--- day of ~x-~ ~3/ A.D. /t~roth~0tary · , So Answers: R. Thomas Kline iO/ii/200i FEDERMAN & PHELAN Deputy Sheriff SHERIFF'S RETURN - ,CASE~NO: 2001-05827 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY-WEST VS SMERLING LAWRENCE W ET AL REGULAR DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SMERLING LAWRENCE W the DEFENDANT , at 1933:00 HOURS, on the 10th day of October , 2001 at 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 by handing to LAUREN SMERLING a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.45 Affidavit .00 Surcharge 10.00 .00 36.45 Sworn and Subscribed to before me this /~7 day of A.D. ~P~othonotary ' So Answers: R. Thomas Kline lO/11/2OOl FEDERM3~N & PHELAi~ By: Deputy Sheriff FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff, LAWRENCE W. SMERLING LAUREN A. SMERLING Defendant(s). CI, g~BERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-5827 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against LAWRENCE W. SMERLING and LAUREN A. SMERLING, 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 from 10/1/01 to 11/19/01 TOTAL $178,241.79 $1,513.12 $179,754.91 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. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIHLADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MORTGAGE COMI~ANY-WEST, F/K/A MELLON MORTGAGE COMPANY 3415 VISION DRIVE Plaintiff, V. LAWRENCE W. SMERLING LAUREN A. SMERLING Defendam(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-5827 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Sm'vice of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant LAWRENCE W. SMERLING is over 18 years of age and resides at , 519 SPRING HOUSE ROAD, CAMP HILL, PA 17011 . (c) that defendant LAUREN A. SMERLING is over 18 years of age, and resides at, 519 SPRING HOUSE ROAD, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FED--EISdvlAN,' ESQ~ Attorney for Plaintiff FEDERM3uNAI%rD PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY vs. LAWRENCE W. SMERLING LAUREN A. SMERLING Defendant (s) : NO. 01-5827 TO: LAWRENCE W. SMERLING 519 SPRING HOUSE ROAD CAMP HILL,PA 17011 DATE OF NOTICE: QCTOBER 31. 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDE~ ~ PHELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE MORTGAGE COMPAiqY-WEST, F/K/A MELLON MORTGAGE COMPANY : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff LAWRENCE W. SMERLING LAUREN A. SMERLING Defendant : CUMBERLAND COUNTY : N0.01-5827 TO: LAUREN A. SMERLING 519 SPRING HOUSE ROAD CAMP HILL,PA 17011 DATE OF NOTICE: O T BER 31 2 01 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 ~ INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a la~er or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY 3415 VISION DRIVE Plaintiff, Vo LAWRENCE W. SMERLING LAUREN A. SMERLING Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-5827 Notice is given that a Judgment in the above-captioned matter has been entered against you on il - ?., I 2OOl. If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1F YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.1LC.P. 3180-3183 CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY Plaintiff, V. LAWRENCE W. SMERLING LAUREN A. SMERLING Defendant(s). No. 01 -5827 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 11/19/01 to 3/6/02 (per diem -29.55) TOTAL $179,754.91 $3,161.72 and Costs $182,916.62 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN tract or parcel of land and premises, Situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Western side of Spring House Road, at the division line between Lots Nos. 9 and 10 on the above mentioned Plan of Lots, which point is 894.99 feet north of the Northern side of Lantern Drive: thence along said division line, South 78 degrees 50 minutes West, 125 feet to an iron pin at the division line between Lots Nos. 10 and 31 on said Plan; thence along said division line, 11 degrees 10 minutes West, 95 feet to an iron pin at the division line between Lots Nos. l0 and 11 on said Plan; thence along said last mentioned line, North 78 degrees 50 minutes East, 125 feet to a stake on the Western side of Spring House Road; thence along said last mentioned line, South 11 degrees I0 minutes East, 95 feet to an iron pipe, the place of beginning. BEING all of Lot No. 10 Block "O", Plan 13, Pinebrook, which Plan is recorded in Cumberland County Plan Book 22, page 198. HAVING thereon erected a dwelling house known as 519 Spring House Road. Tax Parcel # 10-19-1598-220 TITLE TO SAID PREMISES IS VESTED IN Lawrence W. Smerling and Lauren A. Smerling, husband and wife by Deed from Gene W. Rush and Carole B. Rush, husband and wife dated 8/21/97, recorded 8/25/97, in Deed Book 163, Page 316. CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY Plaintiff, LAWRENCE W. SMERLING LAUREN A. SMERLING Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-5827 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHASE MORTGAGE COMPANY-WEST~ F/K/A MELLON MORTGAGE COMPANY, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~519 SPRING HOUSE ROAD~ CAMP HIIJL~ PA 17011 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LAWRENCE W. SMERLING LAUREN A. SMERLING 519 SPRING HOUSE ROAD CAMP HiLL, PA 17011 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: LAWRENCE W. SMERLING LAUREN A. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMERCE BANK PO BOX 8599 100 SENATE AVE. CAMP HILL, PA 17001 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. November 19, 2001 4A~ ~'%~ DATE FRANK FEDE~N, ESQUII~E Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY Plaintiff, LAWRENCE W. SMERLING LAUREN A. SMERLING Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-5827 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: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Attorney for Plaintiff CHASE MORTGAGE COMPANY-WEST, F/FdA MELLON MORTGAGE COMPANY Plaintiff, LAWRENCE W. SMERLING LAUREN A. SMERLING Defendant(s). TO: LAWRENCE W. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 01-5827 November 19, 2001 LAUREN A. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTI5 ** Your house (real estate) at ~ 519 SPRING HOUSE ROAD~ CAMP HILL~ PA 17011~ is scheduled to be sold at the Sheriffs Sale on MARCH 6~ 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 179~754.91 obtained by CHASE MORTGAGE COMPANY-WEST~ F/K/A MELLON MORTGAGE COMPANY (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your fights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract or parcel of land and premises, Situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Western side of Spring House Road, at the division line between Lots Nos. 9 and 10 on the above mentioned Plan of Lots, which point is 894.99 feet north of the Northern side of Lantern Drive; thence along said division line, South 78 degrees 50 minutes West, [25 feet to an iron pin at the division line between Lots Nos. 10 and 31 on said Plan; thence along said division line, 11 degrees 10 minutes West, 95 feet to an iron pin at the division line between Lots Nos. 10 and I 1 on said Plan; thence along said last mentioned line, North 78 degrees 50 minutes East, 125 feet to a stake on the Western side of Spring House Road; thence along said last mentioned line, South 11 degrees 10 minutes East, 95 feet to an iron pipe, the place of beginning. BEING all of Lot No. i0 Block "0% Plan 13, Pinebrook, which Plan is recorded in Cumberland County Plan Book 22, page 198. HAVING thereon erected a dwelling house known as 519 Spring House Road. Tax Parcel # 10-19-1598-220 TITLE TO SAID PREMISES IS VESTED IN Lawrence W. Smerling and Lauren A. Smerling, husband and wife by Deed from Gene W. Rush and Carole B. Rush, husband and wife dated 8/21/97, recorded 8/25/97, in Deed Book 163, Page 316. PLAINTIFF AFFIDAVIT OF SERVICE CHASE MORTGAGE COMPANY-wEsT, F/K/A MELLON MORTGAGE COMPANY DEFENDANT(S) LAWRENCE W. SMERLING LAUREN A. SMERLING SERVE LAWRENCE W. SMERLING AT 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 01-5827 ACCT. #5801952086 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 6, 2002 SERVED of Pennsylvania, in the manner described below: /(J v ,200_ , Commonwealth Defendant personally served. ---~'Adult family member with whom Defendant(s) reside(s). Relationship is [./0 ~ 't '/~ ~g-~ lO /~,, Adult in charge of Defendant(s)'s residence who refused to give name or relationship. · Manager/Clerk &place of lodging in which Defendant(s) reside(s). ~-'-~- K_ ~ '~ I',a~ Agent or person m charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. __ Other: Description: Age~-"~,_~- Height ~5"6' Weight ,/3~" Race ~ Sex F Other ~' kal lex i, Cl&~t [,.)ge_/-., c~f/~.-,t %. a competent adult, being duly sworn according to law, depose and state that I ersonall handed a true and correct copy of the N~tice'~f Sheriffs Sale in the manner as set fnrth h~r~in i~ ~ ' -- - P Y ' - .............. , .~suea m me captlonea case on the date and at the address indicated above, p ..... , - - PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE D~TES & TIMES OF SERVICE ATTEMPED. NOT SERVED On the day of_ ,200__, at __ o'clock __.m., Defendant NOT FOUND because: Moved __ Unknown__ No Answer __ Vacant Other: Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorne for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ~LAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE CHASE MORTGAGE COMPANy. WEsT, F/K/A MELLON MORTGAGE COMPANY LAWRENCE W. SMERLING LAUREN A. SMERLING SERVE LAUREN A. SMERLING AT 519 SPRING HOUSE ROAD CAMP It/LL, PA 17011 CUMBERLAND COUNTY No. 01-5827 ACCT. #5801952086 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 6, 2002 SERVED at ~I Oeo , -- . ,/ J ~ -- . of .,200.1~ ,oclock~.m.,at ,,,5"7~ Epi~II03 ~-X~3~_ ~c[,,/ Cf::/i, t4~o ~'4;]) ,Commonwealth of Pennsylvania, in the manner described below: ,~ Defendant personally served. __ Adult family member with whom Defendant(s) reside(s). Relationship is __.Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __.Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of bnsiness. __ Other: an officer of said Defendant(s)'s company. ?h e~a~ed.,l~sc~t~l~iiiCeO~ibOc f~tCeh.~e N1NK'ot~i~e ~fa~l~enm~. f~ta ~d.~t~m~g~d;lrY:s~;~foar~O~ed~e g to law, depose and state that I personally handed · ' ' ein, issued in the captioned case on the date and at Sworn to and subscribed CMh rg ~ before me this oe°~'~, day U Y Commi.ion E 200_1. N°t~.~/4 ,,-~/~, ~9z~,-~_ By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPED. NOT SERVED On the day of_. ,200__, at o'clock __.m., Defendant NOT FOLrND because: __ Moved __ Unknown__ No Answer __ Vacant Other: Sworn to and subscribed before me tbs day of ,200 _. Notary: By: Attorne for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SALE DATE: MARCH 6, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHASE MORTGAGE COMPANY-WEST, F/FdA MELLON MORTGAGE COMPANY No.: 01-5827 VS. LAWRENCE W. SMERL1NG LAUREN A. SMERLING AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiffin the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 519 SPRING HOUSE ROAD, CAMP HILL, PA 17011. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Supplemental Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Remm Receipt stamped by the U.S. Postal Service is attached for each notice. February 26, 2002 FRANK FEDERMAN, ES~I~IRE Attorney for Plaintiff CHASE MORTGAGE COMPANY-WEST, F/K/A · : MELLON MORTGAGE COMPANY : : Plaintiff, : LAWRENCE W. SMERLING : LAUREN A. SMERLING : Defendant(s). : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-5827 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHASE MORTGAGE COMPANY-WEST~ F/IGA MELLON MORTGAGE COMPANY, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~519 SPRING HOUSE ROAD~ CAMP HILL~ PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LAWRENCE W. SMERLING LAUREN A. SMERL1NG 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: LAWRENCE W. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 LAUREN A. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Nanle Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMERCE BANK PO BOX 8599 100 SENATE AVE. CAMP HILL, PA 17001 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Narfle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. November 19, 2001 ~,~ 4 ,,~tP~ DATE FRANK FEDERMAN, ESQUll~ Attorney for Plaintiff DATE: TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) LAWRENCE W. SMERLING LAUREN A. SMERLING PROPERTY: 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 Improvements: Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be sold at the Sheriffs Sale on MARCH 6, 2002, at 10:00 a.m. in Cumberland County Courthouse~ South Hanover Street~ Carlisle~ PA. Our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriffon a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. LH · ' ' SALE DATE: MARCH 6, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY No.: 01~5827 VS. LAWRENCE W. SMERLING LAUREN A. SMERLING ~OERMAN AND Plr-IELAN ~TTORNEY FILE COPY PLEASE RETURN AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 519 SPRING HOUSE ROAD, CAMP HILL, PA 17011. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Supplemental Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. ;~ffTOR~qEY FILE COPY PLEASE RETURN Febmary26,2002 RANK FEDERMAN, ES~tg, IRE Attorney for Plaintiff -"~ ~ .7~ z o ¢.2, STATE OF PENNSYLVANIA, ~ COUNTY OF CUMBERLANDf ss. Robert P Ziegler I, .............................................................................. Recorder of Deeds in and for said County and State do'hereby certify that the Sheriff's Deed in which ................ Chase Mtg Co-West fka MellOn Mtg Co .................................................................................... h thc grantee 6th thc same having bcen sold to said grantce on the ............................................... day of March 2002 ........................................ A. D., ..' ..... , under and by virtue of a writ .............. Execut ion 21 s t ................................................ /hued on thc ..................................... day d Nov 2001 .......................... A.D., ..... ~ out of thc Court of Conunan Pleas d said County'aS of Civil ................................................................................... Term, ' 2001 N ; 5827 . Chase Mtg Co-West fka Mellon Mtg Co umoer .............. , at the suit of ............................................................... Lawrence W Smerling & Laureen A ................................... against .................................................... is duly recorded in Sheriff's Dccd Book No 250 Page 4885 IN TESTIMONY WHEREOF, I lmvc hereunto set my hand and seal of said office this ~.?___~____ da), Chase Mortgage Company - West f/k/a Mellon Mortgage Company VS Lawrence W. Smeding and Lauren A. Smerling In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5827 Civil Term Jody Smith, Deputy Sheriff, who being duly sworn according to law, states that on January 02, 2002 at 3:40 o'clock p.m., EST, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Lawrence W. Smerling, by making known unto Lawrence Smerling, at The Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copy of the same. Jody Smith, Deputy Sheriff, who being duly sworn according to law, states that on January 02, 2002 at 3:40 o'clock p.m., EST, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Lauren A. Smerling, by making known unto Lauren A. Smerling, at The Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copy of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on January 07, 2002 at 2:18 o'clock P.M., E.S.T., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Lawrence W. Smerling and Lauren A. Smerling located at 519 Spring House Road, Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Lawrence W. Smerling, by regular mail to his last known address of 519 Spring House Raod, Camp Hill, PA 17011. This letter was mailed under the date of January 23, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Lauren A. Smerling, by regular mail to her last known address of 519 Spring House Road, Camp Hill, PA 17011. This letter was mailed under the date of January 18, 2002 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 6, 2002 at 10:00 o'clock A.M., EST. He sold the same for the sum of $1.00 to Attorney Frank Federman for Secretary of Veterans Affairs, An Officer of The United States of America. It being the highest bid and best price received for the same, Secretary of Veterans Affairs, An Officer of The United States of America, of Varo Cleveland (MDP 262 PHI), P.O. Box 99640, Cleveland, OH 44199, being the buyer in this execution paid Sheriff R. Thomas Kline the sum of $821.12, it being costs. Sheriff's Costs: Docketing $30.00 Poundage 16.10 Advertising 15.00 Posting Handbills 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 9.10 Certified Mail .82 Levy 15.00 Surcharge 30.00 Law Journal 302.60 Patriot News 270.30 Share of Bills 24.20 Distribution of Proceeds 25.00 Sheriff's Deed 26.50 $821.12 Sworn and subscribed to before me Real Est~e Deputy CHASE MORTGAGE COMPANY-WEST, F/KJA MELLON MORTGAGE COMPANY Plaintiff, V. LAWRENCE W. SMERLING LAUREN A. SMERLING Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-5827 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHASE MORTGAGE COMPANY-WEST F/IGA MELLON MORTGAGE COMPANY, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~519 SPRING HOUSE ROAD, CAMP HI1,L~ PA 17011 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LAWRENCE W. SMERLING LAUREN A. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: LAWRENCE W. SMERL1NG LAUREN A. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of evpry mortgage of record: Nanlc Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMERCE BANK PO BOX 8599 100 SENATE AVE. CAMP HILL, PA 17001 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NalBc Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 November 19, 2001 DATE I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY Plaintiff, Vo LAWRENCE W. SMERLING LAUREN A. SMERLING Defendant(s). TO: LAWRENCE W. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 01-5827 November 19, 2001 LAUREN A. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 **THIS FIRM IS A DEBT COLLECTOR/~TTEMPTING TO COLLECT A DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR TI-IA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A D[sctqARGE IN BANKRUPTCYAND THIS DEBT WAS NOTREAFFIRMED, THIS IS NOTAND SHOULD NOTBE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at ~ 519 SPRING HOUSE ROAD~ CAMP HII,L~ PA 17011, is scheduled to be sold at the Sheriff's Sale on MARCH 67 2002 at 10:00 a.m. in the Cumberland COunty Courthouse, South Hanover Street, Carlisle, 'PA 17013, to enfOrce the court.judgment of 1797754.91 obtained by CHASE MORTGAGE COMPANY-WEST~ F/K/A MELLON MORTGAGE COMPANY (the mortgagee) against you. If the SheriFf's sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriff's Sale. .NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 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. 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (.215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract or parcel of land and premises, Situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Western side of Spring House Road, at the division line between Lots Nos. 9 and 10 on the above mentioned Plan of Lots, which point is 894.99 feet north of the Northern side of Lantern Drive: thence along said division line, South 78 degrees 50 minutes West, 125 feet to an iron pin at the division line between Lots Nos. 10 and 31 on said Plan: thence along said division line, I 1 degrees 10 minutes West, 95 feet to an iron pin at the division line between Lots Nos. 10 and 1i on said Plan: thence along said last mentioned line, North 78 decrees 50 minutes East. 125 feet to a stake on the Western side of Spring House Road: thence a~ong said last mentioned line, South 11 degrees 10 minutes East, 95 feet to an iron pipe, the place of beginning. BEING all of Lot No. 10 Block "0', Plan 13, Pinebrook, which Plan is recorded in Cumberland County Plan Book 22, page 198. HAVING thereon erected a dwelling house known as 519 Spring House Road. Tax Parcel # 10-19-I598-220 TITLE TO SAID PREMISES IS VESTED IN Lawrence W. Smerling and Lauren A. Smer!ing, husband and wife by Deed from Gene W. Ru~h and Carole B. Rush, husband and wife dated 8/21/97, recorded 8/25/97, in Deed Book 163, Page 316. WRIT OF EXECUTION and/or.ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND To satisfy the debt, interest and costs due Mor_tg_a~ge Company NO¸ 01-5827 CIVIL 19 CIVIL ACTION - LAW .COUNTY: Chase Mortgage Co.-West, f/k/a Mellon _PLAINTIFF(S) from _L~rence W. & Lauren A. Smerling, 519 Spring House Road, Camp Hill PA 17011. _DEFENDANT(S) (1) Y°uaredirecledt°levyuponthepropedyofthedefendant(s) andtosell Real estate located at'~R-Spr/nc3--Hm's~--R°~-Ca~Hill PA 17011. (See attached legal descrip~tio.n~) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of _ GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other 's~;inec~.na med garnishee, you are directed ,o notify hirn/her that he/she has been added as a garnishee and is enjoined as above Amount Due_ ~ 754.91 ;nterest 11/19/01 - 3/6/02 Atty's Corem % A~y Paid $124.45 $3,161.72 Plaintiff Paid L.L $.50 Due Pmlhy $1.00 Other Costs CUA~IS R. LONG Date; November 21, 2001 REQUESTING PARTY: Name Frank Federman, Esq. Address: 1617 JFK Blvd, Ste 1400 Philadelphia PA 19103 1814 Atlorney for: Plaintiff Telephone:_ (~215) 563 7000 Supreme Court ID No. 12248 P, rothf~notary, Civil Division by: /~' ' Deputy · ~L £SI'~TE SALE No.s~ On December 7, 2001, the sherifflevied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, known and numbered as 519 Spring House Road, Camp Hill, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 7, 2001 Real Estate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) of January and the 5th and 12th day(s) of February 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County offs Book "M", Volume 14, Page 317. PUBLICATION COPY ~,nr, tn and ~ubscribed b~rn, i~tl1~ 22nd dav/~Febrd'~2002 A.D. t~ F~TAI~ ~tl.E I~. ;~ [ MY Commission E~olres June 6, 2002 NOTARY PUBLIC WI~N0, ~.~2"/ Member. Pe~n.'~ylvania Association c.t Nola0es~ My commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total Receipt for Advertising Cost $ 268.80 $ 1.50 $ 270.30 The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News. newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. s,[q~ om o~ojoq Gq~tI'd0S~lqS GNV O.L NMOA~$ ~o~,.[p~t 'lmt3uo~OlN 'I~ COOZ '8 'I XMVflM~I~A '~ AMVflNVf '$$ : ~II~IVT~IMIHAIfID dO A.lNflOO : : VIkWAqASMMMd ~IO MJ~VJ~$ l~8LI'q 'd '(6Z6I '9I/~gIAI poAo.xddg 'LS~ 'ON loV .topufO qVMMflOf A~Vq (IMVT~IItlAIflO MI ~IDIJ~OM AO MOLLVOlq~Ifld AO AOOHd