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HomeMy WebLinkAbout03-1224FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 VS. Plaintiff DONALD A. CERNUGEL A/K/A DONALD CERNUGEL 1248 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY 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 thc 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #:5702894187 TJN 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. 1. Plaintiff is CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 The name(s) and last known address(es) of the Defendant(s) are: DONALD A. CERNUGEL A/K/A DONALD CERNUGEL 1248 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 3/3/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ALTERNATIVE LENDING MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1369, Page 1087. By Assignment of Mortgage recorded 6/1/98 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 577, Page 1104. 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 12/01/2002 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. 6. The following amounts are due on the mortgage: o Principal Balance Interest 11/01/2002 through 03/18/2003 (Per Diem $18.27) Attorney's Fees Cumulative Late Charges 03/03/1997 to 03/18/2003 Cost of Suit and Title Search Subtotal $82,054.08 2,521.26 1,225.00 102.48 $ 550.00 $ 86,452.82 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 86,452.82 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 86,452.82, together with interest from 03/18/2003 at the rate of $18.27 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. FEDE AND PHEL , P .~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff · AFTER RECORDING MAILTO: ALTER14AT~V[ LENDI14G NORTGAGE CORP 305 FIFTH STREET. gTE 100 8AY CiTY N! 48708 '97 fiB8 17 AA 10 56 LOAN NO. 971002004 [Sl~ee Amaze ~ Uae Fee Reemdl~ Oatal. HORTGAGE THIS ~RT~GE ~S~u~ I~me~ ~ g~ ~ ~, ~ c h 3, t ~ 9 7 Oonild A. Cernugel. A Narrted Nan · The mortgagor Lq 1248 Summit Vtew Ct . 14mw Cumberland. PA 17070 ('Borrower~) ThLqSecurftylnstrumentLqgivento ALTER14ATIVE LE1401NG HORTGA~[ CORP., whk:h Lq organized and existing under the laws oi T H E S T A T E 0 r N I C X I 6 A a , and who~ address Lq 305 FIFTH STREET· gTE lO0, BAY CitY. 14I 48708 ('Lender') 80rrower awes Lender the principal sum of N)nety Two Thousand 0ollers end Dollars (U.S. S g z. 000.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument C'Note'), which provides for monthly payments with the full del~, ~f no~ paid earlier, due.end payable off k p r t I L. Z 027 . This Security Instrument secures to Lender:. (a) the repaymem o~ the debt evidenced by the Note. with interest, and all renewa S. extemdons and modifications OF the NOTe: (b) the paymem of Idl other sums, with Intereat, advanced under paragraph 7 to protec~ the security of this Security Instrument, and (¢) the performance of Borrower's covenants and agreements under this ~ecurity Instrument and the Note For this purpose, Borrower does hereby mortgage, grant and convey to Lender, the following described propen? located In c u N g E R L A N O County, Pennsylvania' All that nerte)n tract or parcel of lend s~tuete ~n the Townsh~l) of Lower Allen, County of Cumberland end Commonwealth of PennsylvAnia, more particularly bounded and described al follows, to wit Beginning at a point at the corner of Lots No. VI-4 on the hereinafter ment)oned Plan of Lots. thence by the lime South 34 degrees Z3 m~nutee 58 seconds East. a d)steoce of 70 O0 feet to a Aolnt at Limited Common Area No 2: thence by the same South SS degrene 35 minutes 02 seconds Vest. a d~$tance of 24 00 feet to a potnt at the corner of Lot Ro. ¥1-$ of the hereinafter mentioned Plan of Lots, thence by the same North 34 degrees 23 minutes S8 seconds Vest. e d~stence of 70.00 feet to a point at L~mtted Common Area NO.Z, thence by the same ~orth SS degrees 36 minutes 02 ~econds East. e distance of ~4.00 feet to a mount at the corner of Lot /lo. Vl-4. the glece of 8eg~nn~ng Tax lO. 13-25-008-131 Common Address. t718 Summit Vte~ Ct. whlch has the address of 1248 Summit V~ev Ct 14mw Cumberland IS~I [Ci~yl Penns~avania I 7 0 7 0 CP~ ~sa~; I~P TOG~ER ~TH ~1 the liniments ~ ~ her~er er~ on the ~o~, a~ ~ easam~, appun~nces, a~ f~ums n~ or ~ a ~ ~ the ~. ~ m~acame~ a~ a~ns ~11 ~ be cov~ by this S~u~ Instmm~t NI ~ ~e ~ ~ ~ to In th~ S~u~ In~m~ as the 'Pr~." BORROWER CO~S ~ B~ ~ ~ ~ ~ t~ estate ~e~ ~ey~ a~ ~ the ~ to ~ga~, g~t ~d ~vey t~ Pm~ ~ ~t t~ Pm~ ~ un~um~, ~ ~ ~mbmnces ~ r~. ~ ~ts a~ wal d~ g~y t~ t~e to t~ ~ a~l~ ~ da~ ~ de~ subj~ to a~ e~bmnc~ ~ r~o~ eOOKlSGgP~1087 PENNS~V~SING~ F~ILY-FN~L~ UNI~RM P~E I OF a IN~TRUME~ FORM ~ e~ LOAN NO. gTI00z004 THIS SECURITY INSTRUMENT combines urflfon'fl coronals for rmtinnal uso and non-uflifotm covenants with limited variations by juriedlctlon to constitute a unll'orm suourl~ Instrument covering rea] prop~.ly. UNIFORM COVENANTS. Borrower and Lender cover~ and agree as fof]ows: 1. Peyment of Princlgal end Interest; Prolmyment and Late Cherge~. Borrower al,all promplty pay when due the principal of ~ Interest on the deb~ evidenced by the Note and any prepaymeflt and late charges due under the Note.' 2. Funds for Taxes and Iflaumrtge. Sub]eot to applicable law o~ to a written waiver by tender, Borrower shall pay to lender on the day monthly payments are due u~der the Note, ur~ the Note Is paid in full, a sum ('Funds') fo~. (a) yesdy taxes and assas~nent$ which may attain ~ over thIs Security Instrument as a lien on the Property; (b) yeady leasehold payments or ground rents on the Propmty, if ~ (c) yearly hazard or propmly Insurance premiums; (d) yearly flood Insurance premiums, It ~ (e) yearly mortgage Insurance premiums, If any;, and (0 any sums payable by Borrower to Lander. in accordance with the provisions of paragraph 8, In lieu of the payme~ of mortgage insurance premiums. These Items ara ~ 'Escrow Items.' Lander may, at any time, colleot and hold Funds in an amount not to exceed the maximum amount a lender for a federally raleted mortgage loan may require for Bon'ower's escrow account under the federal Real Estate SettJement Procedures Act of 1974 es amended from time to tiros, 12 U.S C. §2601 et n~o uno$ n an amount not to exceed [ne leSSer m~,ount. LanGer may estimate the amount of Funds due on the basis of curra~ data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with app~icebla law The Funds shall be held in an Instit~Jflon whose depoafts are Insured by a federal agency, Instrumentalify, or entity (Including Lender, if le~ler is such an institution) or In any Federal Home Loan Bank. Lander shall apply the Funds to pay the Escrow Items...17..e~. er.. may ~ot .?ge .Bo?ow? fo[. holding_and apply, lng b~e Funds, annually analyzing the escrow account, or vanrymg ~ne ~-scrow i~ern~ umees Lenoer pays I~'rOWer interest on the Funds and applicable law permits Lender to make such a charge. However, Lander may require Borrower to pay a one-time charge for an indapandant mai estate tax reporting san4~ce used by lender In cern'ruction with thIs loan, unless applicable law provides othem~ise. Unless an agreement IS made or applicable law requires Interest to be paid. Lender sheit not be redulred to pay Borrower any interest or earninga on the Ftmds. Bo~ower and Lender may agree In writing, however, that Interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds ara pledged as additional sacurfty for all sums secured by this Security Instrument. if the Funds held by Lender exceed the amounts permitted to be held by applicable law, lender sha~ account to Borrower for the excess Funds In accordance with the requlremer~ of appflcable law. If the amount of the Funds hsid hy Lender at any time Is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Bo~ower shall make up the deficiency in no more than twefve monthly payments, at lender's sole discretion. Upo~ payment in fuji of aJI sums secured by this Secudly instrument, lender shall promptly refund to Borrower any Funds held by Le.~er If, under paragraph 21, Lender shall acquire or sail the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otha~vlsa, all payments received by lee, der under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payabte under paragraph 2; third, to Interest due; fourih, to p~'lnclpal due; and last, to any late charges due under the Note. 4. Chergas; Usna. Borrower shall pay all taxes, assessments, charges, f'mes and Impositions attributable to the Property which may at/aln p,-iortty Over this Security Instrument, and leasehold payments or ground rents, If any. Borrower shall pay these ot:~lgatlons in the manner provided in paragraph 2, or Jf not paid In thai mariner, Bom~wer shall pay them on time directly to the person owed payment. Bo~ower shall promptly furnIsh to lender all notices of amounts to be paid under this paragraph, if Borrower makes these payments directly, Borrower shaif promptly furnish to Lender receipts evidencing the payments. Borrower shall promplly discharge any lien which has priority over this Security instrument unless Borrower: (a) agrees in ~ to the payment of the obligation secured by the lien In a manner acceptable to Lender;, (b) contests in good faith the lien by, or defends against enforcement of the Ila~ In, legal proceedings which In the Lender's opinion operate to prevent the enforcement of the lien; or (¢) secures from the holder of the lien an agreement satisfaot~ to Lender subordinating the lien to this Security Instrument If Lender determines that any part of the Prope~y Is subject to a IIsfl which may attain priority over thIs Security Instrument, I.mlder may give Borrower a notice identifying the lien Borrower shall satisfy the lien or take one or more of the actions set forth above within tO days of the giving of notice. Pr 5..Ha. zard or, Pro. per~. In?u.~.nc.e. Bo~.o~v. ~ shall keep the improvements now existing or hereafter erected On the ope~y msureo against ross oy nra, nazaros ~nc~uded within the term 'extended coverage' and any other hazards, including floods or flooding, for which Lender ;equlras insurance. This insurance shall be maintained In the amounts and FORM 3039 9/90 PAGE 2 OF 0 ~ ~-'~ ~c ~ ~_. -~/n~r~ }~ Pr~~.~ by ~g~ ~ a~ to ~ .~ence f~ ~, ,:' ~ m~S ~, ,~Y, e~ ~ '"~ FrOI~G .... ur ~0 the ~'_~ ~ ~ ~. r~*~ ~L~r, ~ ~rx ~ P~ ~ c~,~"~, ~% ,ne a~ ~ ~er~ '~ Pr~.'ng, ~m~re, ~ ~:~ers ~', ~se ~ln } In ~ ~t ~ ~ real g~ [ . t~ I ~d, g 8 n · ~1 er~ ~m a~ eh~ aM .~ ~ ~_ . ~ ~ t~ l~. .~ ~ ~ ~ l~ d~.... . ~nt ~ r~at;~~ ~Ch as a ~-~:~ "'~ ~:L[~ ~0~ . v ~ m the m;,~:~ aca,,j.._':'a O~ur~ j~ ~. -~..n$], ~ j ~,~e~o ~:, ~ me~ i~ ; ,: :]~ . ~.._ --.rg~ in ~,2?''~ ~ t ~ ,z ~.""~ ~,s.,~ the ~;~er may ~= [~nk~ ~[~ ~ ~a ~o .... ..,,.,~ ~e ,u me "~?~/ :~,Y Le~e/s-"~m - --' ~_~te, f~;~t ~"~ the _. · ~U h P~'.gln ~-,.~ ~ -~.~ · ~zon~ ,n:e~'~h~e. ~ · ~unts ~ ~ I n~ ~.~ U by ~er ~ ~ . ;~Ua a. ,h~ ~ g~ 7~~ e~ L ' r~ a~ by ~ "e~ue~;~L~e~WsOr a I ~ w~ ch e~a Pro ~ ~ ~ .the. ' ~ ~l~e fm '.~r m ~er to SUbs~j flail. -- .~ [o Obtain - ,.uverage .... ,~n$ r~?,lred fo ~_a, con(J[tlon ~f --- mong e ;'..~_uqulvale~ to ..'_COYerage s,,Z:-~4u~r~:~ by L-..~, 8Orr~, , ~rer eppro~.~,~.~, co~, ~o ~..~:~rant .t~/e~,~.._~er la,-=,Z-'-"'~n ;he m,..__ making ~he I. .... '~ge lns~~ ~ ~ ~,:2:~ of t~. ~ ~::-u~a~e ~.~-~ ~ "~ an a~e~:t a ~ ,,,,e "- a~ ~ P~m beino P~b7 FORM ~ ~/~ LO~ NO. ..... ~ shell pay tl~e premiums requlm?~t? ~ ~ r ~em fm g~e 6~ ~ m ~ ms ~ue ~ t~ Pr~ ~ , ~ ~ ~ by t~ ~ ~ ~ time for ~y~nt or em~ m Not · Waive. to ~ s~ in ....... ~n~ T~ c~ts a~ aGre~nts ~ pAGE 40F8 .. any -'" ' .' LO.,ed,4NO. for stay of execution, extenmo~ of dme, exemption from atta~ levy eno sas, eno nome~eso Z4. Relnstetement Period. 9orrowe~s time to reip. state provided In paragraph 18 sha/I extend to o~e hour prior to the con~ of bidding et a sheriff's saJe or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgege, If a~y of the de~ sac?ed by this Secun'ty Instrument Is lent to Borrower to acquire tlae to the Property, this Security Instrument shall be a pu~ money mortgage. 2~ Interest R.te After Judgement. Bom3wer Agrees that the inter,est .rate payable .after a I.udg.am.a?t. ls entered on the Note or in an action o! mortgage forecJosure shall be the rats paya~e from time to ~me unoer me aoEs. 27. Rldem to this Security In~o-dment. Il' ore or more dders are executed by Borrower and recorded together with this Security Instrument, the cO~..a,'~ants ~ agreements o~ each such rider shaJl be incorporated Into ~ shaft amend and supplement the convenants and agreements of this Security Instrument as if the rider(s) were a part of this Security instrument. [Check appllcaUe box(es)] [::]Adlu,~a~e Rate Rider I-]C, orx~onflrdum Rider I'-] 1--4 Famay Rider CIGreduated Payment Rider i"'lpisnned Unit Development Rider [] Blweekty Payment Rider I"'lBaJloon Rider i"1 Rate I~rovement Rider i-ISecond Home Rider I-IV.A. Rider [::'}Other(s) (specayI BY SIGNING BELOW, Borrower accepts a~d agrees to the teems and contained in this Security Instrument and i~ any rider(s) executed by Borrower and recorded w~h it. Certificate o! Residence do hereby ceftin' that the correct address ol the w[th[n-~amed Mortgagee is 305 Fifth Street, Bay C~y. MI 48708. W'~ness my hand this~ ~ d day of ~ · r c h ,t 9 9 7 :. Oonna J: Bu~cowsk t ~t~fMo~gagee COMMONWEA~'T~4 OF PENNSYLVANtA, ~ A u P ~ t x Cour~y ss: On this, the .3 ~ ,~ dayof H~rch ,[S~7 , before me, the undersigned officer ,.. personaJly appeared Oonald A [ Cerflugel, A f~&rrled Nan known to me (or satisfactorily proven) to be the perao~ whose nam?. ~. $ . ~.~b ~scribed to the within instrument and act(nowledged that h · I s h ~xecuted the same fo~ the purposes nermn coma neo My Commission Explras: ~ o I Z :~ / o o "T//~/''/~L/ ~ober t* A-I [an Jr -- ~ Notao/Pub(lc TItl~ ol Off~r Y ALL THAT I~E~TAIN trao= or parcel.of land situate iD the distance of 70.00 fee~ =o a po£n~ at Limited Common Ar~a No. £eet ~o sI po = ~,~t the corner of t~o vx~4,,.=~e place ; ' BEING KN0~N AS ~248 SUMMIT VERIFI CATION [:[0[~L~ ~ hereby states that he/she is ~ta~t ,~X~taX'y 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 i 8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-01224 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY-WEST VS CERNUGEL DONALD A AKA DONALD C R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CERNUGEL DONALD A A/K/A DONALD CERNUGEL but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On April 2nd , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County 6.00 9.00 10.00 30.50 .00 55.50 04/02/2003 FEDERMAN & PHELAN SO answers' - /J ff---~ Sheriff of Cumberland County Sworn and subscribed to before me this ~ ~ day of ~ ~ocO A.D. ~ i Prothonotarkfi SHERIFF'S RETURN - REGULAR CASE NO: 2003-01224 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY-WEST VS CERNUGEL DONALD A AKA DONALD C 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 CERNUGEL DONALD A A/K/A DONALD CERNUGEL the DEFENDANT , at 1248 SUMMIT VIEW COURT at 2020:00 HOURS, on the 26th day of March , 2003 NEW CUMBERLAND, PA 17070 by handing to DON~I,D A CERNUGEL 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 18.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this /D ~ day of ~ ~3 A.D. /P~othonotary ! ' So Answers: R. Thomas Kline 04/02/2003 FEDERMAN & PHELAN Deputy Sheriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin : CHASE MORTGAGE COMPANY WEST vs : CERNUGEL DONALD A A/K/A DONALD CERNUGE Sheriff's Return No. 0649-T - - -2003 OTHER COUNTY NO. 03 1224 AND NOW:March 31, 2003 at 8:00AMserved the within COMPLAINT CERNUGEL DONALD A A/K/A DONALD CERNUGEL to DEF of the original COMPLAINT upon by personally banding 1 true attested copy(les) and making known to him/her the contents thereof at SHERIFF'S OFFICE 112 MARKET STREET, 5TH FLOOR HARRISBURG, PA 17101-0000 Sworn and subscribed to before. ' 31ST day of ~CH, 2003 PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa. ' Sheriff's Costs: $30.50 PD 03/25/2003 RCPT NO 176901 HH In The Court of Common Pleas of Cumberland County, Pennsylvania Chase Mort§age Ccrmpany-West VS. Donald A. Cernugel a/k/a Donald Cernugel SERVE: same NO. 03-1224 civil Now, March 20', 2003 hereby depmize the Sheriff of , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service 20 .... ,, at o'clock ~ Now, _, M. served the within upon by handing to copy of the original and made known to So answers, the contents thereof. Sheriff of County, PA Sworn and subscribed before me this ~ day of ,20~ COSTS SERVICE MILEAGE AFFIDAVIT ~ ~' SHERIFF'S RETURN - REGULAR CASE NO: 2003-01242 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE CO-WEST VS BOBB KIRK A A/K/A KIRK BOBB ET BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BOBB KIRK A A/K/A KIRK BOBB the DEFENDANT , at 1537:00 HOURS, on the 31st day of March , 2003 at 55 LONGVIEW DRIVE MECHANICSBURG, PA 17055 by handing to KIRK BOBB 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 7 59 00 10 00 00 35 59 Sworn and Subscribed to before me this /0 - day of  ~ A.D. ·P~othonotary So Answers: R. Thomas Kline 04/01/2003 FEDERMAN & PHELAN By: ~~~ ' Deputy"Sherif f ' SHERIFF'S RETURN - REGULAR CASE NO: 2003-01242 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE CO-WEST VS BOBB KIRK A A/K/A KIRK BOBB ET BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BOBB SUSAN J A/K/A SUSAN BOBB the DEFENDANT , at 1537:00 HOURS, on the 31st day of March , 2003 at 55 LONGVIEW DRIVE MECHANICSBURG, PA 17055 by handing to SUSAN BOBB 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 /D ~ day of ~ ~ A.D. ~ t~rothonot ary So Answers: R. Thomas Kline ,04/01/2003 FEDERMAN & By: Dep~t~ Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-01243 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GE CAPITAL MORTGAGE SERVICES VS BARTON JOHN KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon BARTON JOHN the DEFENDANT , at 1855:00 HOURS, on the 3rd day of April , 2003 at 55 GUTSHALL ROAD SHIPPENSBURG, PA 17257 by handing to JOHN BARTON a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing His attention to the contents thereof. Additional Comments AFTER SERVICE OF EJECTMENT COMPLAINT, DEFENDANT ADVISED THAT HE HAD FILED BANKRUPTCY ON 3/18/03. CASE #10301417 Sheriff's Costs: Docketing 18.00 Service 12.42 Affidavit .00 Surcharge 10.00 .00 40.42 Sworn and Subscribed to before me this /~-' day of C~j ~¢~ A.D. ~6~ho~ot ary ~ So Answers: R. Thomas Kline 04/04/2003 FEDERMAN & PHELAN By: /~puty/Sh~i ~ AFFIDAVIT OF SERVICE PLAINTIFF CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY DEFENDANT(S) DONALD A. CERNUGEL A/K/A DONALD CERNUGEL SERVE DONALD A. CERNUGEL A/K/A DONALD CERNUGEL AT 1248 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070 CUMBERLAND COUNTY PJT No. 03-1224 CIVIL TM ACCT.#5702894187 Type of A~ion - Notice ofSheriff'sS~e Sale Date: MARCH 3, 2004 '~,,, SERVED Served and made known to J'N~'~0dd. /~. ~ ~t.~.; ,Defendant, on ~e ~ ~ ~yof ~:~, 20~, at~/~ ,o'clock~.m.,at /~~l~ ~ ~),~~; .Co~onwealth of Pemylvaffia, in ~e ruer described below: __ Defen&nt ~rso~lly se~ed. ~ 'Adult fa~ly member ~th whom Defen~n~s) reside(s). Relafio~p is ~ Ad~t ~ c~rge of Defen~t(s)'s residence who reused to give nme or relatio~p. ~ M~ger/Clerk ofphce of Bdg~g ~ which Defen~nt(s) reside(s). Agent or pemon ~ ch~ge of Defen~t(s)'s office or us~l place ofbm~ess. an offi~r of said Defen~nt(s)'s co.any. O~er: I, ~ ~ ~',, 'it a'~ , a m~etent adult, berg duly sworn accord~g to law, depose and sate ,Mt I persomlly ~nded a ~e ~d co~ect copy of~e Nofi~ of ShefiWs Sale t the ~er as set fo~ here~ issued ~ the captioned case on ~e ~te and at · e ad.ess ~dicated above. Sworn to and subsc~ed~ f y /.~ _ befor!me this ~ da~~/ / ,// ~ /~, .m ~__ of ..... II X/F l p~~ET ~CE ~,~AST 3 TLMES. INDICATE DATES & ~OF SER~CE ATTEMPTED. NOT SER~D On the da), of. ., 200__, at __ o'clock __.m., Defendant NOT FOUND because: __ Moved Unknown 1st Attempt:_ // 3rd Attempt:. / / No Answer Time: Time: Vacant 2nd Attempt:. / / Time: : Swomtoandsubsc~bed be~remetMs day of ,200_. No.fy: By: Frank Federman, Esquire - I.D. No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY- WEST, F/K/A MELLON MORTGAGE COMPANY CIVIL ACTION VS. DONALD A. CERNUGEL A/K/A DONALD CERNUGEL CIVIL DWISION NO. 03-1224 CIVIL TM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for CHASE MORTGAGE COMPANY-WEST, F/FdA MELLON MORTGAGE COMPANY hereby verify that on December 4, 2003 tree and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: February 9, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Chase Mortgage Company-West f/k/a Mellon Mortgage Company VS Donald A. Cemugel a/k/a Donald Cernugel In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003~1224 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Poundage 13.18 Advertising 15.00 Posting Handbills 15.00 Levy 15.00 Surcharge 20.00 Service 15.18 Postpone Sale 20.00 Law Journal 265.40 Patriot News 232.51 Law Library .50 Prothonotary 1.00 Share of Bills 29.32 $ 692.17 paid by attorney 03/12/04 Sworn and subscribed to before me This ID'''''~ day of ~ 2004, A.D. (~ ~ ~ Prothonotary So Answers: R. Thomas Kline, Sheriff Real Est~e Deputy Real Estate Sale # 52 On December 04, 2003 the sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 1248 Summit View Court, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 03, 2003 By: J~0~~ Real Estat~ Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duty sworn according to law, deposes and says: That he is the 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 20th and 27th day(s) of January and the 3rd day(s) of February 2004. 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 of Dauphin in Miscellaneous Book "M', Volume 14, Page 317. PUBLICATION COPY ¢~ ~, I t= #52 REAL EBTATE 8ALE No. 52 Writ No. 20031224 Sworn to and subscrib da~3f,Fe~r~ry/~ ×/ 2004 A.D. Notarial Seal Cib/OfHardsburg, DaupllinCouoty - J Mr'~'^m~' O, ,~ ,r'. - ~ My Commission Expires June 6, 2006 ] '~" ...... '~ ~-"-' ~, Per~va~a~OfN~a~{~Y commission expires June 6, 2006 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 Total $ 232.51 Publisher's Receipt for Advertising Cost o., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general !ge receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. I~;AL F, STATI~ 8ALE NO. ~2 Writ No. 2003-1224 Civil Chase Mortgage Company West, f/k/a Mellon Mortgage Company Donald A. Cernugel, a/k/a Donald Cernugel Atty.: Frank Federman LEGAL DESCRIPTION ALL THAT CERTAIN tract or par- cci of land situate in the Township of Lower Allen, County of Cumber- land and Commonwealth of Penn- sylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the cor- ner of Lot No, VI-4 on the hereinaf- ter mentioned Plan of Lots; thence by the same South 34 degrees 23 minutes 58 seconds East, a distance of 70.00 feet to a point at Limited Cornn~on Area No. 2; thence by the same South 55 degrees 36 minutes 02 seconds West, a distance of 24.00 feet to a point at the corner of Lot No. V~;~ 0f the hereinafter men- SWORN TO AND SUBSCRIBED before me this 30 .day of JANUARY 2004 N sm - LOIS E, SNYDER, Nota~j Public Carlisle Bom, Cumberland County My Commission Ex~ires Ma~ 5, 2005 of 70.00 ilzcl to a point at Lilnited Corranon Area No. 2; thence by the same South 55 degrees 36 minutes 02 seconds West, a distance of 24.00 feet to a point at the corner of Lot No. VI 6 of the hereinafter men- tioned Plan of Lots: thence by the same North 34 degrees 23 minutes 58 seconds West, a distance of 70.00 feet to a point at Limited Corn mort Area No. 2; thence by the same North 55 degrees 36 minutes 02 seconds East. a distance of 24.00 feet to a point at tile corner of Lot No. VI 4, the place of beginmng. BEING Lot No. VI 5 as the same is shown on Beacon Hill Amended Final Development Plan, Phase VI, Village of Birchwood, recorded in Cumberlax~d County Plan Book 57, Page 23, TAX MAP 25 0008 pARCEL 131. TITLE TO SAID PREMISES IS VESTED IN Donald A. Cernugel by Deed from Sealover Homes, Inc., a Pennsylvania Corporation dated 12/ 28/1993 and recorded 1/7/1994 in Record Book T-36 Page 22. PROPEi~T¥: 1248 SUMMIT VIEW COURT, NEW CUMBERLAND, PA 17070.