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Home My WebLink About03-1183LAW OFFICES OF PULEO & D'EMILIO, LLC By: Thomas I. Puleo, Esquire Identification No. 27615 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC. 7159 Corklan Drive Jacksonville, Florida 32258 JEFFREY L. FRYMOYER 312 Pinewood Drive Camp Hill, PA 17011 CIVIL ACTION - MORTGAGE FORECLOSURE COMPLAINT NOTICE 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 ccourt 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene (20) dias de plazo a partir de la feeha de la demanda y la notiflcacion. Usted debe presentar una aparieneia eserita o en persona o por abogado y arehivar en la eorte sus defensas o sus objeoiones a las demandas encontra de su persona. Sea avisado que si usted no se defiende, la eorte tomara medidas y puede entrar una orden contra usted sin previo aviso o mfificacion o pot cualqier queja o alivio que espedido en la petieion de demanda. Usted puede perder dinero, sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE USTED PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 CIVIL ACTION - MORTGAGE FORECLOSURE COMPLAINT 1. Plaintiff, ABN AMRO MORTGAGE GROUP, INC., is a corporation organized and existing under laws of the State of Delaware with offices at 7159 Corklan Drive, Jacksonville, Florida. 2. Defendant, JEFFREY L. FRYMOYER, is the mortgagor and real owner of premises 86 Quenn Avenue, Township of East Pennsboro, Cumberland County, Pennsylvania, hereinafter described, whose last known address is as stated above. 3. On the 30th day of May, 1986, the above named mortgagor made, executed and delivered a mortgage upon premises hereinafter described to Chase Home Mortgage Corporation, which mortgage is recorded in the Office of the Recorder of Deeds for Cumberland County in Mortgage Book 817 page 989. 4. The premises subject to the said mortgage is described in Exhibit "A" attached hereto and made a part hereof. 5. The mortgage secures defendant's certain Note dated the same as the mortgage in the amount of $44,000.00 payable in monthly installments with interest at the rate of 9.875% per annum. A copy of the said Note is attached hereto, made a part hereof and marked Exhibit "B". 6. On the 4th day of August, 2000, the said mortgage was assigned to ABN AMRO MORTGAGE GROUP, INC., the plaintiff herein, by written assignment which is recorded in the Office of the Recorder of Deeds for Cumberland County in Miscellaneous Book 653 page 595. 7. The mortgage is in default because the defendants have failed to make the payment of the monthly installment of principal and interest in accordance with the terms of the mortgage for the month of November 2002, and each month thereafter, up to and including the present time. 8. The following amounts are due on the mortgage: Principal $34,081.57 -1- Interest at 9.875% per annum from 10/1/02 thru 2/28/03 ($9.22 per diem) Late charges accrued thru 2/28/03 ($15.28/month) Escrow deficit (taxes and insurance) ($101.64/month) Attorney's fee (5%) Title information certificate 1,392.22 61.12 406.56 1,704.08 325.00 Total $37,970.55 9. On January 6, 2003, plaintiff sent to defendant by certified mail and first class mail Notice of Intention to Foreclose Mortgage in accordance with the provisions of Section 403 of Pennsylvania Act No. 6 of 1974, and Notice of Homeowners' Emergency Mortgage Assistance Program, in accordance with Pennsylvania Act 91 of 1983, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "C". Defendant has not had the required face-to-face meeting with the mortgagee within the required time and plaintiff has received no notice that defendant has had a face-to-face meeting with a consumer credit counseling agency, nor has plaintiff received notice that defendant has filed an application with the Homeowners' Emergency Mortgage Assistance Program. WHEREFORE, plaintiff demands judgment in the sum of $37,970.55 plus interest, late charges, escrow advances and costs to the date of judgment and foreclosure of the said mortgage. Attorney for Plaintiff -2- DESCRIPTION ALL THAT CERTAIN piece ,)r parcel of land situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania. more particularly bounded and described as follows, to wit: BEGINNING at a point on ~he Southern side of Queen Avenue (50 feet wide) at the Northeastern corner of Lot No. 7 on the hereinafter mentioned Plan of Lots; thence along the Southern side of Queen Avenue North 68 degrees 30 minutes East a distance of 20 feet to a point at the Northwestern corner of Lot No. 9 on said Plan; thence by Lot No. 9, South 21 degrees 30 minutes East a distance of 150 feet to a point on the IXorthern side of a fifteen foot alley; thence by said alley South 68 degrees 30 minutes West a distance of 20 feet to a point at Lot No. 7; thence by Lot No. 7 North 21 degrees 30 minutes West: a distance of 150 feet to a point, the place of beginning. BEING Lot No. 8 on a Fin. al Subdivision Plan for Robert D. and Donna R. Leisenring made by D.P. Reaffensperger Associates. Camp Hill, PA., and recorded in the Cumberland County Recorder's Office in Plan Book 34, Page 77. HAVING THEREON ERECTtSD a townhouse known as and numbered 86 Queen Avenue. Tax Parcel# 13-1002-160G - EXHIBIT A _ . ' .' t~ay 30. 86 · · ' ....... , ............................ 19 .......... Camp Hill PA ' · ' ' ' [C~i .................................. ~'""" ..... : ............... ~ ...... 86 Queen Avenue, Enola p^ ~'~,~,,~ ' - (State] 1. 'BORROWER'S PROMISE TO PAY ,._rin_..!n_,,r,e, tu,rn for. a loan th.at I have received, I promise to pay U $ $ 44,000.00" .... · 1, ~pm },pmsmlerest,totheorderoftheLend~r Th~l~,a,.~. ' ........................................... ~tmsnmountiscalled ....................... ~..E. ItOME MORTGAGE CORPORA ON .............................................. t' ' ' ~ ................................................ TI__. .............................. lint the Lender may transfer this Note '~-- · --~ ' ...... ' .............. :'"':";'~'""'- ....... '.' ..................................... I understand receive payments under ,~,io ~a^o-;, ,_,_", ~,,~,,~,t~_~o~ o.r anyone wno tares this Note by transfer and w~,,- ~ ~-~.~ m v,:~A~ ~lle -Note l"Iold~t tt 2. INTEREST . Interest will be charged on unpaid principal Until the full amount of princip~ has been paid. I will pay interest at a yearly rate of....9,..825....;.. The Interest rate required by'this Section 2 is the rate I will pay both before and after any default described in Section 6(B) 0fthis Note. ' 3. PAYMENTS CA) Time and Place of Payments · I will pay p?incipal nnd interest by making payments every month I will make my monthly payments on the ....~,§.~.~... day of each month beginning on .......... ,l~]t...], ............. ........... 19....~.~... I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. It, on ........... .,lo~e...l, ....... i~ ...... ........... .~0,1.{i, I Still owe amo,lits under this Note, I will pay those amounts in full on that date, which is called the "maturity date.,, · IwiHmakemymon.t_hlYlmymentsat ..C....H~..,S...E.~.....C..A..S...H.~.E...R....D...E..p..T..:.~....13.5. C.h.,e..stnut R't.d..ge Road~. ' M°n~'l'~;~lt oi0']~tly ~;;~1~ ............. or at a dilferent place if required by the Note Ho]der. ........ My monthly payment will be in the amount of U.S. $......3.8.2,.: .0.7..: .................... 4. BOI~OWER'$ RIGHT TO PREPAY' I have the right to make payments of principal at any time before they are due. A payment of principal only is known ns a "prepayment. ' When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full Prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use aH of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amou~ of my monthly payment unless the Note Holder agrees in writing to those changes~ ' 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan cliltrges, is flnaily interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the Permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already, collected from me which exceeded permitted limits . will be'~nded to me. The Note Holder may choose to make this refund by reducing the principal I owe under, this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED CA) Late Omrge for Overdue Payments . ~ 2f .t~,e Note Holder has not received the full amOunt of any monthly tmyment by the end of ! 5 . oays alter me oate it is due I will -- . ......................... calenoar , pay a late charge to the Note Holder. The amount ofthe charge will be ! ...... .4. ...... % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late lmymenL (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in defaUlt (C) Notice of Default · · If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and aH the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full ns described above, the Note Holder will still have the right to do so if I am in default at a later time.. (~ Payment of Note Holder's Co~ts and Expense~ Ifithe Note Holder has required me to pay immediately in full ns described above, the Note Holder will have the right to be p~'d back by me for aH of its co~ts and expenses in enforcing this Note to the extent not prohibited by appliCable law. Those expenses include, for example, reasonable attorneys' fees. ?, GIVING OF NOTICES Unless appliCable law requires n different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to Note Holder a notice of my different address, me at the Property Address above or at a different address if i give the Note Any notice that mtmt-be-~ to the Note Holder under this Note will be given by mailing it by first class mail to the Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address.: MULTISTATE FIXED RATE NOTE----~,~ Famlly---FNMA/FHLMC UNIFORM INSTRUMENT EXHIBIT B Form 3200 12/83 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE · If more than one pe~on signs this Note, each person is fully'and personally obligated to keep all of the promises made in thi~ Note, including the promise to pay the full amount owed. '.of ~ Note is'also obligated to do these thin~. Any person Any pe~on who is a guarantor, surety or endorser who takes over these obligations, including the obligations of a · gnnnmtor, surety or endo~ of this Note, is also obligated to keep aH of the promises made in this Not~ The Note HOlder may enforce its rights under this Note against each I~ individually or against all of us together. This means that 'any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the ' ' "Presentment" -means the .~-s-t · ..... :__ .t .. _ .~,. ..... rights of presentment and notice of dishonor. · ~- ~ Z~lU~C me wore rlolaer to aenmnd payment of amounts due. "Notice of dishonor" means the right to reqmre the Note Holder to g~ve no,ce to other persons that amounts due have not been paid. 10. UNIFORM S~CURED NOTE This Note is a uniform instrumen~ with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument,,), dated the same date as this Note, Protects the Note Holder from possible lOSSeS which might result if I do not keep the promises which I make in this · · ' · · . Note. That Security Instrument describes how and under what conditions I may be required to make un-- ate Tent. m am0untsZ owe under. Note. ome of tho-- ditions descri as follows: interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and any ~ rnnster or me t,rol~rty or a Beneficial Interest in.Borrower. If all or any part of the Property or .Borrower is not a natural person) without Lender's Prior written consent, Lender may, at its option, require Immediate~payment in full of aH sums secured by this Security Instrument. However, this option shall not be ' exercised by Lender ffexercise is prohibited by federal law as of the date of this Security Instrument. . If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which · ' Borrower must pay all sums secured by this Security Instrument. If Borrower fails tO pay these sums prior, to the expiration of this period, Lender may invoke any remedies permitted by this .Security Instrument without further notice or demand on Borrower. · WI.TNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIONED. ' ! ' . ............. ~ ..................................................................................... ............ (Seal) ...................................... ~.~ ................. i .................................................... (S~) [Si~ Odsx'n~ Onlyl Pay te the order ef THE CHASE MANFIATTAN BANK, N.A. w thout recourse Chase Home Mor age Corporation wrmO R COU g PAY TO THE ORDER OF MELLON MORTC~G~ C~OMPANY ABNAMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FLORIDA 32258 January 06, 2003 Jeffrey L Frymoyer 86 Queen Ave Enola PA 17025 INVESTOR NO.: 392/G COUNTY CODE: 41 Loan Number: 0001111652 Current Lender/Servicer: ABN AMRO Mortgage Group, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOM~; 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 MAY 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. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face,, meeting with one of the consumer credit cOunseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NO'~' APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAG'~; UP TO DATE. THE PART OF THIS NOTICE CAT.LED "HOW TO CURE YOUR DEFAULT',, EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DA'rs. CONSUMER CREDIT COUNSELING AGENCIES-- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses, and telephone numbors of desiqnated consumer credit counselinq agencies for the county in which the property is located are set forth at the end of this Noti~.e. It is only necessary to schedule one face-to face meeting. Advise your lender immediately of your intentions. DR133 - EXHIBIT C _ Loan Number:0001111652 APPLICATION FOR MORTGAGE ASSISTANCE-- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Assistance Program. To do so, you must fill out, sign, and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELYAND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Brinq it up to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: 86 Queen Ave, Enola PA 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (1) Monthly payments from November 01, 2002 thru November 2002 (at $483.71 per month) Monthly payments from December 2002 thru January 2003 (at $488.38 per month) (2) Previous late charges; (3) Other charges; Escrow, Inspection, NSF checks $483.71 $976.76 $ 30.56 $ .00 (4) Other provisions of the mortgage obligation, if any (5) TOTAL AMOUNT OF (1), (2) and (3) REQUIRED AS OF THIS DATE $ 1,491.03 DR140 Loan Number:0001111652 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS OF THE DATE of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 1,491.03 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified ch'eck, or money order made payable and sent to: ATTN: COLLECTION DEPARTMENT ABNAMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FLORIDA 32258 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable). IF YOU DO NOT CURE THE DEFAULT-- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riqhts to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SAL~-- If you have not cured the default within the THIRTY (30) 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':: Sale. You may do so by paying the total amount then past due, plus any late or other charqes then due, reasonable attorney's fees and costs connected with the foreclosure sale and other costs connected with the Sheriff's Sale as specified in writing by the lender and by performinq any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you have never defaulted. DR141 Loan Number:0001111652 EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this 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 to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone number: Contact Person: ABNAMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FLORIDA 32258 1-800-288-2642 Fax number: Robert Pilarski 1-904-288-5067 EFFECT OF SHERIFF'S SALE-- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-- Your mortgage MAY be assumable. You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR). TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Please see attached) Please be advised that ABN AMRO Mortgage Group, Inc. ia s debt collector; any information obtained will be used for that purpose. By: Robert Pilarski DR142 ABNAMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FLORIDA 32258 January 06, 2003 Jeffrey L Frymoyer 312 Pinewood Drive Camp Hill, PA 17011 INVESTOR NO.: 392/G COUNTY CODE: 41 Loan Number: 0001111652 Current Lender/Servicer: ABN AMRO Mortgage Group, Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM 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 MAY 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. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face. meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NR~T (30) DAYS. IF YOU DO NOT APPLY FOR E~RGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAG~ UP TO DATE. THE PART OF THIS NOTICE CATJ,w.D "HOW TO CURE YOUR DEFAUL';",, EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-- If you meet with one of the consumer credit counselinq agencies listed at the end of this notice, the lender may NOT take a~tion against you for thirty (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Noti~:e. It is only necessary to schedule one face-to face meeting. Advise your lender immediately of your intentions. DR134 Loan Number:0001111652 APPLICATION FOR MORTGAGE ASSISTANCE-- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Assistance Program. To do so, you must fill out, sign, and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLYAND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Brinq it up to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: 86 Queen Ave, Enola PA 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (1) Monthly payments from November 01, 2002 thru November 2002 (at $483.71 per month) Monthly payments from December 2002 thru January 2003 (at $488.38 per month) (2) Previous late charges; (3) Other charges; Escrow, Inspection, NSF checks $483.71 $976.76 $ 30.56 $ .00 (4) Other provisions of the mortgage obligation, if any (5) TOTAL AMOUNT OF (1),(2) and (3) REQUIRED AS OF THIS DATE $ 1,491.03 DR140 Loan Number:0001111652 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS OF THE DATE of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 1,491.03 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: ATTN: COLLECTION DEPARTMENT ABNAMRO MORTGAGE GROUP, INC. 7159 CORKLA_NDRIVE JACKSONVILLE, FLORIDA 32258 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable) . IF YOU DO NOT CURE THE DEFAULT-- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-- If you have not cured the default within the THIRTY (30) DAY period and foreclosure 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 Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you have never defaulted. DR141 Lo~n Number:0001111652 EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this 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 to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone number: Contact Person: ABNAMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FLORIDA 32258 1-800-288-2642 Fax number: Robert Pilarski 1-904-288-5067 EFFECT OF SHERIFF'S SAL~-- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-- Your mortgage MAY be assumable. You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES INANY CALENDAR YEAR). TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Please see attached) Please be advised that ABN AMRO Mortgage Group, Inc. ia s debt collector; any information obtained will be used for that purpose. By: Robert Pilarski DR142 Verification Mr. Jimmie Edwards hereby states that he is Assistant, Vice President of ABN- AMRO Mortgage Group Servicing agent for this matter, that he is authorized to take this Verification, and that he statement made in the foregoing Civil Action- Mortgage Foreclosure Compl.aint are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made to the penalties of 18 Pa.C.S.A. Sec. 4904 Relating to unsworn falsification to authorities. DATE: March 13, 2003 / JIMMI]~ EDWARDS SHERIFF'S RETURN - REGULAR CASE NO: 2003-01183 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS FRYMOYER JEFFREY L ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FRYMOYER JEFFREY L the DEFENDANT , at 312 PINEWOOD DRIVE CAMP HILL, PA 17011 at 1910:00 HOURS, on the 24th day of March , 2003 by handing to JEFFREY L FRYMOYER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 9 66 00 10 00 00 37 66 Sworn and Subscribed to before me this /~-- day of thonotary~ , So Answers: R. Thomas Kline 03/25/2003 PULEO & DEMILIO Deputy Sheriff SHERIFF'S RETURN CASE NO: 2003-01183 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABNAMRO MORTGAGE GROUP INC VS FRYMOYER JEFFREY L REGULAR RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOWELL RONAT.D the DEFENDANT , at 86 QUEEN AVENUE ENOLA, PA 17025 at 1950:00 HOURS, on the 19th day of March by handing to , 2003 RONALD HOWELL TENANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 26.35 Sworn and Subscribed to before me this /D ~ day of ~'2_.~ ~i.~ ,~ f~-~ A.D. %~r'othonot ary So Answers: R. Thomas Kline 03/25/2003 PULEO & DEMILIO~'~ . By: ~~ ~- //~ Deputy Sheriff LAW OFFICES OF PULEO & D'EMILIO, LLC By: Thomas I. Puleo, Esquire Identification No. 27615 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 Attomey for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC. Vo · No. 03-1183 Civil Term JEFFREY L. FRYMOYER PRAECIPE FOR JUDGMENT Enter judgment in favor of the Plaintiff and against the Defendant(s) for want of an answer and assess damages as follows: Principal Interest 10/1/02 to 4/30/03 Late charges accrued thru 4/30/03 Escrow deficit (taxes and insurance) Attorney's fee (5%) Title information certificate $34,081.57 1,954.64 91.68 609.84 1,704.08 325.00 Total $ 38,766.81 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and 237.1at least ten days pri°r t° the date °f the filing °f this ZA c°py.v~tVtic~ is attached', ' ~~~/~ Pa.R.C.P. PULEO, ESQUIRE Attorney for Plaintiff AND NOW ~,~x/ e~ ,2003, Judgment is entered in favor of plaintiff and against defendants and damfi~els assessed as ~er the above certification. Prothonotary '~ - ~7~ LAW OFFICES OF PULEO & D'EMILIO, LLC By: Thomas I. Puleo, Esquire ' Identification No. 27615 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC. JEFFREY L. FRYMOYER · No. 03-1183 Civil Term To: Mr. Jeffrey L. Frymoyer 312 Pinewood Drive Camp Hill, PA 17011 Date of Notice: April 15, 2003 NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT UNDER Pa.R.C.P.237.1 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY AND 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 THOMAS I. P/OLEO Attorney for Plaintiff LAW OFFICES OF PULEO & D'EMILIO, LLC By: Thomas I. Puleo, Esquire Identification No. 27615 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC. Vo JEFFREY L. FRYMOYER · No. 03-1183 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ' COUNTY OF MONTGOMERY · SS. THOMAS I. PULEO, being duly sworn according to law deposes and says that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended; That Jeffrey L. Frymoyer is over 21 years of age, resides at 312 Pinewood Drive, Camp Hill, Pennsylvania, and is employed by/as unknown. f Att~~aintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 15th DAY ~OF.~fll, 2003., ~ 'N~OTARY PUBLIC - NOTARIAL SEAL LISA A. KANE, No~a~ Public Whitpain Twp,, Montgomery Count~j ~y Corr,~mission Expires August 1,2005 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP, INC., Plaintiff, JEFFREY L. FRYMOYER, Defendant(s). COURT OF COMMON PLEAS NO. 03-1183 Civil Term PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: AMOUNT DUE INTEREST FROM 4/30/03 ~ $9.22 per diem COSTS TO BE ADDED $38,766.81 $ $ 143.51 April 29, 2003 Attorney for Plaintiff DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southern side of Queen Avenue (50 feet wide) at the Northeastern corner of Lot No. 7 on the hereinafter mentioned Plan of Lots; thence along the Southern side of Queen Avenue North 68 degrees 30 minutes East a distance of 20 feet to a point at the Northwestern corner of Lot No. 9 on said Plan; thence by Lot No. 9, South 21 degrees 30 minutes East a distance of 150 feet to a point on the Northern side of a fifteen foot alley; thence by said alley South 68 degrees 30 minutes West a distance of 20 feet to a point at Lot No. 7; thence by Lot No. 7 North 21 degrees 30 minutes West a distance of 150 feet to a point,-the place of beginning. BEING Lot No. 8 on a Final Subdivision Plan for Robert D. and Donna R. Leisenring made by D.P. Reaffensperger Associates, Camp Hill, PA., and recorded in the Cumberland County Recorder's Office in Plan Book 34, Page 77. HAVING. THt~REON ERECTED a townhouse known as and numbered 86 Queen Avenue. Tax Parcel// 13-1002-160G WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-1183 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABN AMRO MORTGAGE GROUP,INC., Plaintiff (s) From JEFFREY L. FRYMOYER, 312 PINEWOOD DRIVE, CAMP HILL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION · (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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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 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 $38,766.81 Interest FROM 4/30/03 ~ $9.22 PER DIEM Atty's Comm % Arty Paid $146.01 Plaintiff Paid Date: MAY 2, 2003 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs $143.51 CURTIS R. LONG Deputy REQUESTING PARTY: Name THOMAS I. PULEO, ESQUIRE Address: LAW OFFICES OF PULEO & D'EMILIO 660 SENTRY PARKWAY, SUITE 210 BLUE BELL, PA 19422 Attorney for: PLAINTIFF Telephone: 610-941-3600 Supreme Court ID No. 27615 LAW OFFICES OF PULEO & D'EMILIO 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas I. Puleo, Esquire Identification No. 27615 Attorney for PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC., Plaintiff Vo JEFFREY L. FRYMOYER, Defendant NO. 03-1183 Civil Term AFFIDAVIT UNDER PA. RCP RULE 3129 THOMAS I. PULEO, attorney for Plaintiff in the above captioned mortgage foreclosure 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 86 Queen Avenue, Enola, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. 1. Name and address of each Owner and/or Reputed Owner: Jeffrey L. Frymoyer 312 Pinewood Drive Camp Hill, PA 17011 Name and address of each Defendant named in the judgment: Jeffrey L. Frymoyer 312 Pinewood Drive Camp Hill, PA 17011 o Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Name and address of the last recorded holder of every mortgage of record: None other than executing mortgagee. o Name and address of every other person or entity which has any record lien on the property: None o Name and address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of PA Department of Public Welfare P. O. Box 2675 Harrisburg, PA 17105 Tenant in Possession Ronald Howell 86 Queen Lane Enola, PA 17025 o Name and address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. ! understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: April 29, 2003 Attorney for Plaintiff LAW OFFICES OF PULEO & D'EMILIO 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas I. Puleo, Esquire Identification No. 27615 Attomey for PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC., Plaintiff JEFFREY L. FRYMOYER, Defendant NO. 03-1183 Civil Term TO: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Jeffrey L. Frymoyer 312 Pinewood Drive Camp Hill, PA 17011 Your house at 86 Queen Avenue, City of Enola, Cumberland County, is scheduled to be sold by the Cumberland County Sheriffs Department to enforce the Court judgment of $38,766.81 obtained by Plaintiff ABN AMRO Mortgage Group, Inc. against you. The Sheriffs Sale will be conducted on Wednesday, September 3, 2003, at 10:00 A.M., Cumberland County Courthouse, 2nd Floor, Commissioner's Heating Room, Carlisle, Pennsylvania. NOTICE OF OWNERS' RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: This sale will be canceled if you pay to ABN AMRO Mortgage Group, Inc. the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call (610) 941-3600. 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 below 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. 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 the Cumberland County Sheriffs Department at (717) 240-6390. o 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. o The sale will go through only if the buyer pays the Sheriff the full amount bid in the sale. To find out if this has happened, you may call the Cumberland County Sheriffs Department at (717) 240-6390. 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 had never happened. o 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. o 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 Cumberland County Sheriff on or about thirty (30) days from the date of Sheriffs 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 sheet is posted. You may also have other rights and defenses, or ways of getting your house 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 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 .DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of · Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southern side of Queen Avenue (50 feet wide) at the Northeastern corner of Lot No. 7 on the hereinafter mentioned Plan of Lots; thence along the Southern side of Queen Avenue North 68 degrees 30 minutes East a distance of 20 feet to a point at the Northwestern corner of Lot No. 9 on said Plan; thence by Lot No. 9, South 21 degrees 30 minutes East a distance of 150 feet to a point on the Northern side of a fifteen foot alley; thence by said alley South 68 degrees 30 minutes West a distance of 20 feet to a point at Lot No. 7; thence by Lot No. 7 North 21 degrees 30 minutes West a distance of 150 feet to a point, 'the place of beginning. BEING Lot No. 8 on a Final Subdivision Plan for Robert D. and Donna R. Leisenring made by D.P. Reaffensperger Associates, Camp Hill, PA., and recorded in the Cumberland. County ' Recorder's Office in Plan Book 34, Page 77. HAVING. THEREON. EREC.TED a tow~ouse known as and numbered 86 Queen Avenue. 'Tax Parcel//13-1002-i60G ABNAmro Mortgage Group, Inc. VS Jeffrey L. Frymoyer In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-1183 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Thomas Puleo. Sheriff's Costs: Docketing 30.00 Poundage 185.52 Surcharge 20.00 Law Library .50 Prothonotary 1.00 Mileage 7.59 Levy 15.00 $ 259.61 paid by attorney 6/02/03 ThisSW°m and subscribed to before meq~ day of (-~.c~ ,~.S° A?~--~m~ ~"'/~ / R. Thomas Kline, Sheriff 2003, A.D. (~.~ 0' -~-gt~,~a5 Prothonotary Real Est~ Deputy ABNAmro Mortgage Group, Inc. VS Jeffrey L. Frymoyer In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-1183 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Thomas Puleo. Sheriffs Costs: Docketing 30.00 Poundage 185.52 Surcharge 20.00 Law Library .50 Prothonotary 1.00 Mileage 7.59 Levy 15.00 $ 259.61 paid by attorney 6/02/03 Sworn and subscribed to before me So An~ This q~ day of C.~_.~ ,~.~ ~'"~ ~/~ t~-~O.~~ '-~' ~' , ~- R. ThomasKline, Sheriff 2003, A.D. BY ~ Prothonotary Real Estate Sale # 17 On May 7, 2003 the sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA known and numbered as 86 Queen Avenue, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 7, 2003 By: ',JooLq ~qTJC~ Real Estate Deputy LAW OFFICES OF PULEO & D'EMILIO 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas I. Puleo, Esquire Identification No. 2761 $ Attomey for PLAiNTIFF iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABN AMRO MORTGAGE GROUP, INC., Plaintiff JEFFREY L. FRYMOYER, Defendant NO. 03-1183 Civil Term AFFIDAVIT OF SERVICE I, Thomas I. Puleo, Jr., Legal Assistant to Thomas I. Puleo, Esquire, attorney for plaintiff, being duly sworn according to law, deposes and says that he mailed by ordinary mail a Notice of Sale pursuant to Pa.R.C.P 3129.2 upon the persons listed below on the 24th day of July, 2003 as evidenced by the U.S. Postal Service Certificate of Mailing (Form 3877), which is attached hereto as Exhibit "A": Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of PA Department of Public Welfare P. O. Box 2675 Harrisburg, PA 17105 Tenant in Possession Ronald Howell 86 Queen Lane Enola, PA 17025 '/Thomas I. Puleo SWORN TO AND SUBSCRIBED BEFORE ME THIS -~- DAY OF/qt~btr-5 ~' ,,2003. NOTARIAL SEAL LUZ N FUENTES. Nolary Public Whitpa~n Twp.. Montgomery County My Commission Expires Janua~ 13, 200;' I!elN elqetunooov ,O=l