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HomeMy WebLinkAbout03-1536FEDERMAN 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 MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 VS. Plaintiff DERIC THORPE A/K/A DERIC J. THORPE 743 STATE ROAD LEMOYNE, PA 17043 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No.C 3 - 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 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan#: 1179007176 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. Plaintiff is CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 The name(s) and last known address(es) of the Defendant(s) are: DERIC THORPE A/K/A DERIC J. THORPE 743 STATE ROAD LEMOYNE, PA 17043 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 5/23/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1615, Page 30. 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. o The following amounts are due on the mortgage: Principal Balance Interest 11/01/2002 through 04/02/2003 (Per Diem $21.19) Attorney's Fees Cumulative Late Charges 05/23/2000 to 04/02/2003 Cost of Suit and Title Search Subtotal $87,137.04 3,242.07 1,250.00 87.01 $ 550.00 $ 92,266.12 Escrow Credit 0.00 Deficit 66.13 Subtotal $ 66.13 TOTAL $ 92,332.25 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 92,332.25, together with interest from 04/02/2003 at the rate of $21.19 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. By: ,-~//s/Francis S. Hallinan ~ / F ~ ?R~N~ FEDERMAN, ESQUII~E ' LAtW~RENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff JOE Aaal tant, a. tarlr hereby states that he/she is _o£CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing agent for Plaintiffin this matter, that she is author/zed to take this Ver/f~cation, and that the statements made in the £oregoing Civil Action are true and correct to the best of her knowledge, information and belie£ The Undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-01536 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS THORPE DERIC AKA DERIC J THORP R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , THORPE DERIC A/K/A DERIC J THORPE but was unable to locate Him deputized the sheriff of LEBANON serve the within COMPLAINT -.MORT FORE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. He therefore County, Pennsylvania, to On May 6th , 2003 , this office was in receipt of the attached return from LEBANON Sheriff's Costs: Docketing Out of County Surcharge Mileage Dep Lebanon County 18.00 9.00 10.00 9.66 39.70 86.36 05/06/2003 FEDERMA/~ & PHELAN ~So answe . - .... ~-~ R. Thomas Kline/ Sheriff of Cumberland County Sworn and subscribed to before me this /¥~ day of~ Prothonotgr~ ' In The.Court of Common Pleas of Cumberland County, Pennsylvania Chase Manhattan Mortgage Corporation VS. Deric Thorpe a/k/a Deric J. Thorpe SERVE: some No. 03-1536 civil April 11, 2003 hereby deputize the Sheriff of , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Lebanon C6unty to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within Affidavit of Service ,20 , at o'clock M. serVed the upon by handing to a and made known to copy of the original the contents thereof. So answers, Sheriffof County, PA Sworn and subscrib~.;d before me this __ day of ., 20 COSTS MILEAGE AFFIDAVIT COMPLAINT IN MORTGAGE FORECLOSURE No. 03-1536 Lebanon, PA, May 2, 2003 CHASE MANHATTAN MORTGAGE CORPORATION VS. DERIC THORPE (Return to Cumberland Co.) FRANK FEDERMAN, ESQUIRE One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Docket Page 19073 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF LEBANON ) William F. Mohl, Deputy Sheriff, being duly sworn according to law, deposes and says that he served the within COMPLAINT IN MORTGAGE FORECLOSURE, NOTICE TO DEFEND and VERIFICATION upon DERIC THORPE, a/k/a Deric J. Thorpe, the within named DEFENDANT, by handing a tree and attested copies thereof personally to Martha Pritchard, she being the Defendant's mother-in-law and an Adult Member of the household, on April 16, 2003, at 2:40 o'clock P.M., at 14 Brunswick Lane, Palmyra (North Londonderry Twp.), Lebanon County, Pennsylvania, and by making known to her the contents of the same. Sworn to and subscribed before me SO ANSWERS, this 2nd day of May, A.D., 2003 INOTARIAL SEAL Mtlrynnn l~k~w, Notary city oft~or~ r~banon cou~.~ ~ ~mm~i0n ~m J~y Notary Public DEPUTY SHERIFF SHERIFF'S COSTS IN ABOVE PROCEEDINGS Advanced costs paid on 4/15/2003 Check No. 268118 Amount Costs incurred: Amount Refund: Check No. 13935 Amount $100.00 39.70 60.30 All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriWs fees on the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 1911, P.L. 1072 FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 ~215) 56%7000 Attomey for Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff VS. DERIC THORPE A/K/A DERIC J. THORPE Defendants COURT OF COMMON PLEAS : CIVIL DIVISION : Cumberland County : No. 03-1536 CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSUR~ TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage with reference to the above captioned matter. Foreclosure Date: May 27, 2003 DERMAN, ESQUIRE Attorney for Plaintiff j rh, SVC DEPT SHERIFF' S RETURN - CASE NO: 2003-01536 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS THORPE DERIC AKA DERIC J THORP OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , THORPE DERIC A/K/A DERIC J THORPE but was unable to locate Him in his bailiwick. deputized the sheriff of LEBANON County, serve the within COMPLAINT - MORT FORE Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: He therefore Pennsylvania, to On June 19th , 2003 attached return from LEBANON Sheriff's Costs: Docketing Out of County Surcharge Dep Lebanon Co 18.00 9.00 10.00 39.70 .00 76.70 06/19/2003 FEDERMAN & PHELAN Sworn and subscribed to before me this ~ day of ~_~ ~5 A.D. Prothonotar~ ' __ , this office was in receipt of the R~ Thomas Kline Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Chase Manhattan Mortgage Corporation VS. Deric Thorpe aka Deric J. Thorpe SERVE: sa~e No. 03-1536 civil NOW, June 3, 2003 hereby deputize the Sheriff of , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Lebanon COUllty to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA ~X~OW, within upon at by handing to a and made known to Affidavit of Service ,20 ,at o'clock M. served the copy of the original So answers, the contents thereof. Sworn and subscribed before me this __ day of ,2O Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA MORTGAGE FORECLOSURE No. 03-1536 Lebanon, PA, June 16, 2003 CHASE MANHATTAN MORTGAGE CORPORATION VS. Francis S. Hallinan, Esquire One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 DERIC THORPE Wk/a DERIC J. THORPE (Retum to Cumberland County) Docket Page 19363 COMMONWEALTH OF PENNSYLVANIA } COUNTY OF LEBANON } SS: William F. Mohl, Deputy Sheriff, being duly sworn according to law, deposes and says that he served the within CIVIL ACTION - LAW, COMPLAINT IN MORTGAGE FORECLOSURE, NOTICE, and VERIFICATION upon DERIC THORPE a/k/a DERIC J. THORPE, the within named DEFENDANT, by handing a true and attested copy thereof, personally to Dawn Thorpe, she being his Wife and Adult in Charge at the time of service on June 6, 2003, at 1:19 o'clock P.M., at 14 Brunswick Lane, Palmyra (North Londonderry Township), Lebanon County, Pennsylvania, and by making known to her the contents of the same. Sworn to and subscribed before me this 16th day of June, A.D., 2003 t~'.~l,~, ~ ~ ,-~t NotaryPublic . SO ANSWERS, DEPUTY SHERIFF SHERIFF'S COSTS IN ABOVE PROCEEDINGS Advanced costs paid on 06/05/2003 Costs incurred: Refund: Check No. 14106 Check No. 277484 Amount $100.00 Amount $ 39.70 Amount $ 60.30 All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriffs fees on the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 1911, P.L. 1072 FEDERMAN AND PHELAN, LLP 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 MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE, COLUMBUS, OH 431219 Plaintiff, DERIC THORPE AfK/A DERIC J. THORPE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1536 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter ~rn in rem judgment in favor of the Plaintiff and against DERIC THORPE A/K/A DERIC J. THORPE, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 4/2/03 to 11/3/03 TOTAL $92,332.25 $4,577.04 $96,909.29 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 A~ND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12298 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL/NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (715) 56~-7000 CHASE MANHATTAN MORTGAGE CORPORATION PlamIiff VS. DERIC THORPE A/K/A DERIC J. THORPE Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DIVISION : CUMBERLAND COUNTY : NO. 03-1536 CIVIL TERM TO: DERIC THORPE A/K/A DERIC J. THORPE 743 STATE ROAD LEMOYNE, PA 17043 DATE OF NOTICE: Oetobor 14, 2003 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. IM'PORTANT 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 OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBEPJ~AND COUNTY CUMBERLAND COUNTY BAR ASsoCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALL/NAN, ESQUIRE Attorneys for Plaintiff CC: Nora Blair, Esquire FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL12qAN, ESQ., Id. No. 62695 ONE PENN CENTER PL~ZA, SUITE 1400 PHILADELPHIA, PA 19103 (?1 ~;) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff DERIC THORPE A/FdA DERIC J. THORPE Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 03-1536 CIVIL TERM TO: DERIC THORPE AdK/A DERIC J. THORPE 14 BRUNSWICK LANE PALMYRA, PA 17078 DATE OF NOTICE: Oe~aher 14, 2003 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 PREV/OUSLY RECEWED 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. IM'PORTANT 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 OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE CUMBERLAND COUNTY CUMISERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 CC: Nora Blair, Esquire FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff MORTGAGE FORECLOSURE No. 03-1536 Lebanon, PA, June 16, 2003 CHASE MANHATTAN MORTGAGE CORPORATION VS. Francis S. Hallinan, Esquire One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 DERIC THORPE a/k/a DERIC J. THORPE (R~tulTI to Cumberland County) Docket Page 19363 COMMONWEALTH OF PENNSYLVANIA } COUNTY OF LEBANON } SS: William F. Mohl, Deputy Sheriff, being duly sw0m according to law, deposes and says that he served the within CWIL ACTION - LAW, COMPLAINT IN MORTGAGE FORECLOSURE, NOTICE, and VERIFICATION upon DERIC THORPE a/k/a DERIC J. THORPE, the within named DEFENDANT, by handing a true and attested copy thereof, personally to Dawn Thorpe, she being his Wife and Adult in Charge at the time of service on June 6, 2003, at 1:19 o'clock P.M., at 14 Brunswick Lane, Palmyra (North Londonderry Township), Lebanon County, Pennsylvania, and by making known to her the contents of the same. Sworn to and subscribed before me this 16th day of June, A.D., 2003 r~TA~!AL sEAL City :F L~barm~. Leb~:)(~ 3~,F,:y. P~. Notary Public SO ANSWERS, DEPUTY SHERIFF SHERIFF'S COSTS IN ABOVE PROCEEDINGS Advanced costs paid on 06/05/2003 Costs incurred: Refund: Check No. 14106 Check No. 277484 Amount $100.00 Amount $ 39.70 Amount $ 60.30 All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriff's fees on the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 191 I, P.L. 1072 FEDERMAN and PHELAN, LLP 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 MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE Plaintiff, DERIC THORPE A/K/A DERIC J. THORPE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. 03-1536 CIVIL TERM VERIF/CATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in 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 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. (b) that defendant DERIC THORPE A/KdA DERIC J. THORPE is over 18 years of age and resides at, 743 STATE ROAD, LEMOYNE, PA 17043. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. 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 MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE Plaintiff, DERIC THORPE A/IC~A DERIC J. THORPE Defi~ndant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CI~,qL DIVISION NO. 03-1536 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 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 USE[) 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.** LEGAL DESCRIPTION ALL THAT CERTAIN tract of laod ~ituat~ ia l,emoyne Borough, Cumberland Cotmty, Pennsylvania, more particularly bound~ ~ deSCribed tn accordance with a survey of Michael C. D'Angelo, Registered Surveyor, dated April 25, 1978, as follows, Io wit: BEGINNING at a poim on the nonhero line of State Road, ~aid point ~ing by ~ ~r~ ia a northerly dillon a di~n~c of 13~,~ f~ t~m ~e c~b ~ae of 8~ S~; t~ce N~ 31 20 ininu~ ~ ~ WeSt, a di~ of I~.0 ~ to a ~t on ~e ~u~era 1~ of a 20 t~ wide aU~y, ~ ~ ~ de~ee~ ~0 r~nu~s ~ a~s ~ a~ons ~hc ~ linc of ~ ~et wi~ ~1~, a leg to a ~ ~ ~ ~ li~ of S~te ~d; ~ South 58 d~ ~ ~utes ~ ~oa~ W~ BERNO Lot No. $1 on the Plan of Riv~oa, said plan being reco~lcd ia Cumberland County Recorder of Deed Office in Plan Book 1, Page 10L TI,TI.E TO SAID PRIDdlSES 1S VIkSTED I~ Dctic J. Thorpe, a ma,Tied man by Deed f~om Bryan E. Baker, a siaglc man ga~'d 5/2~f2000 aod recorded 5/31/2000 in Record Boolt 222, Page 192. Tax Parcel #12-21-267-289 FEDERMAN and PHELAN, LLP 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 MANHATTAN MORTGAGE CORPORATION Plaintiff~ V. DER/C THORPE A/K/A DERIC J. THORPE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1536CIVILTERM 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: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CHASE MANHATTAN MORTGAGE CORPORATION Plaint'iff, ¥o DERIC THORPE A/K/A DERIC J. THORPE Defendant(s). No. 03-1536 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 11/3/03 to MARCH 3, 2004 (per diem -$15.93) TOTAL $96,909.29 $1,927.53 and Costs $98,836.82 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. LEGAL DESCRIPTION ~LL THAT CERTMN tract of land skua(e in l,emo~ne Borough, Cnmherhnd County, Pennsyl:van~, more p~i~h~y ~ ~ ~fib~ m a~o~e with a su~ of ~/ch~l C. D'Aagelo, R~s~r~ S~v~or, da~ April ~, 1~8, as ~l[ows, tn wit: BEGINNING at a point on the nonhero line of Slate Road, snid point being by same measured in a nontheastorly direction a dk~anee of 135.5 feet from Mc curb line of 8~ Street; thence North 31 degre~ 20 min~e~ 00 ~o~ms West, a distance of 150.0 feet to a point on 1he southern tine of a 20 t~t wide allgy, theme Nor,.h .SS degrees 40 miau~es 00 seconds Fa.st along the saki line of 20 feet wide alley, a distlnce of 35 feffc to a point; ~ $o~ 31 degrees 20 minutes 00 seconds E~, a dlsmnee of 150,0 fee~ to a potrxt on the no~her~, ti~e of State P~ad: thence South 58 degass 40 minutes O0 seco~ld~ W~t · along said nonb~et~ line of Slate Road, a distance of 35 feet to the point and plae~ of be/throng · BBINO Lot No. 51 on the Plau of Riverton, said plau being recorded iu Cumbefla~md Conuty R~corder of Deed OFfice in Plan Book 1, Page 101. _TI,TLE TQ SAID PRflMISES IS VESTED IN Der~ $. Th~r~, a married ma,n by Deed from Bryan E. Baker, a single luau dated 5/2372000 aud recorded 5/31/2000 in Record Book 222. Page 192. Tax Parcgi #12.21-267-289 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-1536 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff (s) From DERIC THORPE A/K/A DERIC J. THORPE (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 garnishee(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 $96,909.29 L.L. $.50 Interest FROM 11~3/03 TO 3/3/04 (PER DIEM - $15.93) - $1,927.53 AND COSTS Atty's Corem % Arty Paid $245.06 Plaintiff Paid Date: NOVEMBER 5, 2003 (Seal) Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary ~t~.,.b · _ REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Deputy CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, DERIC THORPE A/ICJA DERIC J. THORPE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03o1536 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEiDERMAN, 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 ,743 STATE ROAD, LEMOYNE, PA 17043. I. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DERIC THORPE A/K/A DERIC J. THORPE 743 STATE ROAD LEMOYNE, PA 17043 14 BRUNSWICK LANE PALMYRA, PA 17078 2. Name and address of Defendant(s) in thejudgment: Same as above 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) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please 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 plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 743 STATE ROAD LEMOYNE, PA 17043 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 tree 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 3, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, DERIC THORPE A/KIA DERIC J. THORPE Defendant(s). TO: DERIC THORPE A/K/A DERIC J. THORPE 743 STATE ROAD LEMOYNE, PA 17043 CUMBERLAND COUNTY No. 03-1536 CIVIL TERM November 3, 2003 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A 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 PROPERTY. ** Your house 0'eal estate) at, 743 STATE ROAD, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriffs Sale on MARCH 3, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $96~909.29 obtained by CHASE MANHATTAN MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. 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. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. 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 Sheriff the 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 Sheriffwithin 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 LEGAL DESCRIPTION more particularly ~un~ ~ad d¢~b~ in a~o~ w~th a ~rvey of Michael C. D~Ang~1o, R~gi~t~r~ Surveyor, ~a~6 April 25, 1~8, as follows, to wit: BEGINNING at a point on the no.rlhem linc of State Road, said point being by same measured in a no~Mas~rly diction a distance of 135,5 f~t from ~e c~b [me ofS~ S~t; thc~c~ N~th 31 ~gre~ 20 m~ ~ ~oada We~t, a dbmnce of I~.0 fe~ ~ a ~t on the ~a~em l~e ~f a 20 t~t wide nit,y, the~ North 58 de~ees 40 mitres ~ seconds E~t along tha ~ ~it~e of 20 fee~ wi~ ~ley, a disiaa~ or' 35 fc~ to a ~: ~e S~ 31 degrc~$ ~ miautc~ ~ ~conds ~t, a ~e of 150,0 feet to a ~iat ~ ~ nm~he~ [i~ of S~te Road; ~h~ South 58 d~ ~ m~utes ~ ~o~ds Wc~ alo~ ~id ~ li~ of Stat~ R~d, a ~iata~e of 35 ~ Ia ~ ~t ~ pla~ of ~ginn[ag BEINO Lol No. 51 on th~ Platt of Riv~tton, sai6 plan ~emg recorded in Cumb~lamt County Recorder of Deed Offie~ in Plan Rook l, Page 10L TI, TLE TO SAID PREMISES IS V.ESTED I~ Detic J. Thorpe, a married man by Deed from Bryan E. Baker, a single ma~ da~ed 5/23/2000 a~d recoMcd 5/31/2000 ia R¢co~d Bool~ 222. l:~age 192~ Tax Parcel ~'12.21-267-289 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, I'A 19103-1814 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE Plaintiff, DERIC THORPE AfK/A DERIC J. THORPE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1536 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in 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 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. (b) that defendant DERIC THORPE A/FdA DERIC J. THORPE is over 18 years of age and resides at, 743 STATE ROAD, LEMOYNE, PA 17043. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff AFFIDAVIT OF SERVICE PLAINTIFF cHASE MANHATTAN MORTGAGE CORPORATION DEFENDANT(S) THORPE DERIC THORPE A/K]A DERIC J. SERVE AT 14 BRUNSWICK LANE PALMYRA, PA 17078 CUMBERLAND cOUNTY No. 03-1536 CIVIL TERM ACCT. #1179007176 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 3, 2004 KMD '"Oec,'c '~o,-pe.. /~l g]t~SERVED Served and made known to ~'c.~ '5. ?~oc.o~ , Defendant, on the _ ,200~,at~L0:~- ,o'clockf3.rrr, at I~ $co~'''~lc' La,ha I , Commonwealth of Pennsylvania, in the manner described below: X 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 ofbminess, -- an officer of said Defendant(s)'s company. Other: Description: Age 2'3 Height ~ t/ -- Weight !~-0b-_ Race_ 60 Sex_ f~ Other I, _~ca~,,~9[r ~,'~- (' [4d.~cf , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of SheriW s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. -- Nc~e~al Vic~ie C. Graver, Nota~ Sworn to and subscribed Emmeus Bom, Lehigh County · ~.~ My Commia~on Ex~s Mar~ 26, befqrqme this [<__ day ATTEMPTED. [ ~-¢.9 dayof ~,J Ode kO/oe~' NOT SERVED On the __ day of_ ., 200__, at _~ Moved __ Unknown ._ No Answer 1st Attempt: / / .Time: : o'clock __.rtz, Defendant NOT FOUND became: Vacant 2~a Attempt: / / Time: 3rd Attempt: / / Time: : Sworn to and subscribed before me this _ day of _, 200 _. Notary: By: ~intiff Frank Federman, Esquire - I.D. No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MANHATTAN MORTGAGE CORPORATION VS. DERIC THORPE A/K/A DERIC J. THORPE ) CIVIL ACTION ) ) CIVIL DIVISION ) NO. 03-1536 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for CHASE MANHATTAN MORTGAGE CORPORATION hereby verify that on November 7~ 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 3, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff o~ ~^$ 0 ooo~oo~ ,~o,,o~ ~oo~ FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Chase Manhattan Mortgage Corporation : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. Deric Thorpe A/K/A Deric J. Thorpe : CIVIL DIVISION : NO. 03-1536 CIVIL TERM P~A~CIPE FOR RULE TO SHOW CAUS~ TO THE PROTHONOTARY: Kindly enter a Rule upon Deric Thorpe A/K/A Deric J. Thorpe , Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. FED~HELAN, L L--~ Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmie~, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Chase Manhattan Mortgage Corporation vs. Deric Thorpe A/K/A Deric J. Thorpe ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1536 CIVIL TERM AFFIDAVIT OF SERVICE Daniel G. Schmie~, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on February 11, 2004. Deric Thorpe A/K/A Deric J. Thorpe 743 State Road, Lemoyne, PA 17043 DATE: February 11, 2004 Daniel G. Schmi~, Esquire Attorney for P~ FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Chase Manhattan Mortgage Corporation vs. Deric Thorpe A/K/A Deric J. Thorpe ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1536 CIVIL TERM PLAINTIFF,S PETITION FOR REASSEB~ OF Plaintiff, by its Attorney, Federman and Phelan, LLP and Daniel G. Schmieg, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter, and in support thereof avers the following: 1. This is an action in Mortgage Foreclosure in which Judgment was entered November 5, 2003 in the amount of 96,909.29. 2. A Sheriff's Sale of the mortgaged premises was postponed or stayed for the following reasons: The Defendant(s) filed a Chapter 7 Bankruptcy 03- 03966 on July 3, 2003. The Bankruptcy was Relief by order of court dated September 23, 2003. 3. The mortgaged premises are listed for Sheriff's Sale on March 3, 2004. Additional sums have been incurred or expended on Defendant(s)' behalf during the time the sale was postponed or stayed, and Defendant(s) have been given credit for any payments that have been made since the judgment, if any. As a result, the amount of damages should now read as follows: Principal Balance Interest Amount November 1, 2002 through March 3, Late Charges Legal fees Cost of Suit and Title Sheriff,s Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit TOTAL 2004 87,137.04 10,348.53 87.01 2,000.00 1,607.00 0 00 749.00 0.00 3,424.28 $105,352.86 5. Under the terms of the mortgage, which mortgage is recorded in the Office of the Recorder of Deeds in Book (#1615), Page (#30), Plaintiff is entitled to judgement in the amount as set forth in paragraph four herein against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess the damages as set forth above. FEDERMAN AND PHEI~%N~L. L. P. · ~cgn~leg, Esquire Attorney for~Plaintif f -2- FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Chase Manhattan Mortgage Corporation vs. Deric Thorpe A/K/A Deric J. Thorpe : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION : NO. 03-1536 CIVIL TERM BRIEF OF LAW IN SUPPORT O~ ~LAINTIFF'S MOTION TO REASSESS DA~Aa~ I. BACKGROUND OF CASE Plaintiff and Defendant(s) entered into a Promissory Note and Mortgage Agreement, wherein Defendant(s) agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff's Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub judicia, Defendant(s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant(s) were not going to cure the default and bring the loan current, Plaintiff commenced a Mortgage Foreclosure Action. Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. ARgUMeNT FOR REASSESSMENT OF DAMA~E~ The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation...,, In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa. Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortgaqe Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa. Super 1988). In Chase Home Mort a~, the Court stated that where a judgment has been assessed following defendant,s failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee "...could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage,s failure to comply with the terms of the mortgage agreement...,, Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if Plaintiff went to sale without reassessing damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages will not be detrimental whatsoever to Defendant(s) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee,s lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff,s Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff,s judgment amount. May Term, 1986, No. 2359 (CCP PHILA. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. FEDERMAN ~ PHELAN, L.L.p. Daniel G. Schmieg~re Attorney for P~~ ~s~'laclo~'~ Peti~io~ for Re~o~sideraz!on ~c 9rc Tunc cf ~i~ C0ur~'~ O~er of Nov~er 7. L985 aad ~he Afl~er thereto Of' Oe~dant~, Josep~ Jeffarson and Rcsie Jefferson, ~t is her~Y'OR~D and DE~D aa' fo! !~: ~ .' i) Said ~-oa ~ GR.~T~: '~- ' ~V~ED and ~[aintif~,~ ~-~_~ .... - , Became Plaia~iff w~ r~6'ired t0 acc~p~ cu~at in_~.a_.y ~ere asge~d after :~ TH~'COGRT: THO~t2~ A. WHITE,' VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: February 11, 2004 FEDERMANAND PHELAN, L.L.p. Daniel G. Schmie~,-~E~uire Attorney for Pla~_ FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Chase Manhattan Mortgage Corporation vs. Deric Thorpe A/K/A Deric J. Thorpe FEB 7 ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 03-1536 CIVIL TERM RULE AND NOW, this /~' day of ~ , 2003, a Rule is entered upon Deric Thorpe A/K/A Deric J. Thorpe Defendant(s) to show cause why the attached Order for Reassessment of Damages should not; be entered. RULE RETURNABLE thin 2003.. BY THE COURT: FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORiXIEY FOR PLAINTIFF Chase Manhattan Mortgage Corporation : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. Deric Thorpe A/K/A Deric J. Thorpe : CIVIL DIVISION : NO. 03-1536 CIVIL TERM PRAECIPE FOR RULE TO SHOW CAUSE TO THE PROTHONOTARY: Kindly enter a Rule upon Deric Thorpe A/K/A Deric J. Thorpe Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. ~ ~R~ AND~ L F , .L.P. By: ~ ~ Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Chase Manhattan Mortgage Corporation VS. Deric Thorpe A/K/A Deric J. Thorpe ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS ~IVIL DIVISION : NO. 03-1536 CIVIL TERM AFFIDAVIT OF SERVICE Daniel G. Schmieg, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on March 8, 2004. Deric Thorpe A/K/A Deric J. Thorpe 743 State Road, Lemoyne, PA 17043 DATE: March 8, 2004 By ~, -- " ~ Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Chase Manhattan Mortgage Corporation vs. Deric Thorpe A/K/A Deric J. Thorpe ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1536 CIVIL TERM PLAINTIFF'S PETITION FOR REASSESSMENT OF DAMAGES Plaintiff, by its Attorney, Federman and Phelan, LLP and Daniel G. Schmieg, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter, and in support thereof avers the following: 1. This is an action in Mortgage Foreclosure in which Judgment was entered November 5, 2003 in the amount of 96,909.29. 2. A Sheriff's Sale of the mortgaged premises was postponed or stayed for the following reasons: The Defendant(s) filed a Chapter 7 Bankruptcy 03- 03966 on July 3, 2003. The Relief by order of court dated September 23, 2003. 3. The mortgaged premises are listed for Sheriff's Sale on May 5, 2004. 4. Additional sums have been incurred or ex,)ended on Defendant(s)' behalf during the time the sale was postponed or stayed, and Defendant(s) have been given credit for any payments that have been made since the judgment, if any. As a result, the amount of damages should now read as follows: Principal Balance Interest Amount November 1, 2002 through May 5, Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 2004 87,137.04 12,290.64 87.01 2,300.00 1,937.00 0.00 103.00 0.00 0.00 3,529.91 TOTAL $107,348.60 5. Under the terms of the mortgage, which mortgage is recorded in the Office of the Recorder of Deeds in Book (#1615), Page (#30), Plaintiff is entitled to judgement in the amount as set forth in paragraph four herein against the Defendant(s). WHEREFORE, Plaintiff respectfully requests th£s Honorable Court issue an Order to the Prothonotary to reassess the damages as set forth above. Daniel G. Schmieg, Esquire Attorney for Plaintiff -2- FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Chase Manhattan Mortgage Corporation Deric Thorpe A/K/A Deric J. Thorpe ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1536 CIVIL TERM BRIEF OF LAW IN S~I~PORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Plaintiff and Defendant(s) Agreement, wherein Defendant(s) entered into a Promissory Note and Mortgage agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff's Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub judicia, Defendant(s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant(s) were not going to cure the default and bring the loan current, Plaintiff commenced a Mortgage Foreclosure Action. Judgment was subsequently entered by the Cour~:, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. ARGUMENT FOR REASSESSMENT OF DAMAGES The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation..." In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa. Super 55, 59, 142 A.2d 319, 321 (1958); ~hase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 {Pa. Super 1988). In Chase Home Mortgage, the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee "...could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage's failure to comply with the terms of the mortgage agreement..." Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 the property. (1971). Plaintiff damages, and submits that if Plaintiff went to sale without reassessing if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages will not be detrimental whatsoever to Defendant(s) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the: Landau v. Western Pa. Nat. Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff's Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff's judgment amount. May Term, 1986, No. 2359 (CCP PHILA. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. Daniel G. Schmieg, Esquire Attorney for Plaintiff -~hi~. C~~s O~er of 30ve~er 7, [985 ~n,~ ~h~ ~ms~er ~hr,r~to o~' .C JOseph Jefferson and Rosie Jeff~r~om, it is her~F ORD~D and DE~ "~ ~ ~ s ' !) Said ~ GR.~T~; ~ a: R-ea~;es~ment~o~ D~qcs i~ 3) JW~nt Ls ~era~y ~ncr~sad to 56, Fe~-e ra: Nd:iaaa 1 aor~aqe BecauSe'Plaintiff was r~q~,'i=ed to ac~-ep= cuc:x:nt payments u_oog t.he [L'!iag of bOefen, dan~' .ban.~rUp~.~_ .. 'p~ti:~'"and In fact .~id so, i.t is necessary ':o raasses~' jud~nt.by default ~as' entac~ ~n ~is action.. Because ~fed~e~.have not' refuted ~%e sneu~i= am~n~ cla~me~ :! VERIFICATION undersigned understands penalties of 18 Pa. authorities. Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true and correct to the best of his knowledge, information and belief. The that this statement herein is made subject to the C.S. §4904 relating to unsworn falsification to DATE: March 8, 2004 Daniel G. Schmi~3~, Esquire Attorney for Plaintiff JEREMY M. and MELISSA J. GORECKI, OF husband and wife, Plaintiffs RICHARD A. WOODRUFF, SR., individually and tYd/b/a WOODRICH ENTERPRISES, INC., RICHARD A. WOODRUFF, SR., ffd/b/a MCDONALD'S RESTAURANT NO. 22804, WOODRICH ENTERPRISES, INC., MCDONALD'S CORPORATION, and CUMBERLAND LAND, L.L.C., Defendants JURY TRIAL DEMANDED PLAINTIFFS' MOTION TO COMPEL ANSWERS TO PLAINTIFFS' INTERROGATORIE~ AND REQUEST FOR PRODUCTION TO DEFENDANTs Plaintiffs, Jeremy M. and Melissa J. Gorecki, through their undersigned counsel, move this Court pursuant to Pennsylvania Rules of Civil Procedure numbers 4006, 4009 and 4019 for an Order compelling Defendants, Richard A. Woodruff, Sr., Individually and t/d/b/a Woodrich Enterprises, Inc., Richard A. Woodruff, Sr., t/d/b/a McDonald's Restaurant No. 22804, Woodrich Enterprises, Inc., McDonald's Corporation and Cumberland Land L.L.C. to serve upon the undersigned complete responses and documents responsive to the First Set of Interrogatories and Request for Production of Documents served upon them on January 13, 2004, and state as follows: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3~,6 1. On January 21, 2003, Plaintiffs filed a Civil Complaint against Defendants for injuries Mr. Gorecki sustained because of an accident on January 21, 2001. 2. More particularly, Plaintiff Jeremy Gorecki was injured when he slipped and fell on ice that accumulated outside of the McDonald's restaurant located at 5550 Carlisle Pike, Mechanicsburg, Pennsylvania on January 21,2001. 299209-1 3. On January 13, 2004, Plaintiffs served the following discovery requests on counsel for Defendants: (a) Interrogatories to Defendant. (b) Request for Production of Documents of Plaintiffs to Defendants. 4. The Defendants' answers and documents responsive to the aforesaid discovery requests were due within thirty (30) days after service or no later than February 12, 2004, 5. To date, Defendants have not served any answers/documents in response to the foregoing discovery requests nor have they served any objections to the discovery requests. 6. Plaintiffs' discovery requests are relevant to the within action and Plaintiffs require the information to proceed forward with depositions and other matters in this case. 7. Plaintiffs' outstanding discovery requests are within the scope of discovery permitted pursuant to Pa. R.C.P. 4003.1, et seq. 8. Pennsylvania Rules of Civil of Procedure Numbers 4006, 4009 (and sub-sections) and 4019 allow Plaintiffs to move to compel discovery as well as move for sanctions if the requested discovery answers/documents are not produced within thirty (30) days after service of the Interrogatories and Requests. 299209-1 WHEREFORE, Plaintiffs Jeremy M. and Melissa J. Gorecki, respectfully request that this Court enter an Order compelling Defendants, Richard A. Woodruff, Sr., Individually and t/d/b/a Woodrich Enterprises, Inc., Richard A. Woodruff, Sr., t/d/b/a McDonald's Restaurant No. 22804, Woodrich Enterprises, Inc., McDonald's Corporation and Cumberland Land L.L.C. to serve upon the undersigned full and complete verified answers and responsive documents to Plaintiffs' outstanding discovery or suffer appropriate sanctions upon further application to this Court. Dated: METZGER, WICKERSH.~dVI, KNAUSS & ERB, P.C. Edward E. Knauss, 1~, Esquire- Attorney I.D. No. 19199 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attomeys for Plainliffs 299209-1 CERTIFICATE OF SERVICE I, Edward E. Knauss, IV, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiffs, hereby certify that I served the DOCUMENT this .~ day of ~/~/&~ ,2004, by depositing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: James E. Kennedy, Esquire Bashline & Hutton One PPG Place, Suite 1650 Pittsburgh, PA 15222 Document #296158 FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Chase Manhattan Mortgage Corporation vs. Deric Thorpe A/K/A Deric J. Thorpe ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 03-1536 CIVIL TERM AND NOW, this 7~' day of ~,,~ , 2004, a Rule is entered upon Deric Thorpe A/K/A Deric J. Thorpe , Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. BY THE COURT: FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215! 563-700q Chase Manhattan Mortgage Corporation vs. Deric Thorpe A/K/A Deric J. Thorpe ATTORNEy FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION : NO. 03-1536 CIVIL TERM I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of ~ and a copy of Plaintiff,s Petition for Reassessment of Damages have been sent to the individuals indicated below on ~2004. Deric Thorpe A/K/A Deric J. Thorpe 743 State Road, Lemoyne, PA 17043 Date: April 5, 2004 ~s~Aiel G. Sch-~i~. ~-s~ ~'~ -- Attorney for Plaint~ FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Chase Manhattan Mortgage Corporation ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. Deric Thorpe A/K/A Deric J. Thorpe CIVIL DIVISION NO. 03-1536 CIVIL TERM MOTION TO MAKE RULE A~SOLUTE Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1. That it is the Plaintiff in this action. 2. A Petition for Reassessment of Damages 'Nas filed with the Court on March 15, 2004 and Rule was entered upon Defendant(s:) Deric Thorpe A/K/A Deric J. Thorpe on March 17, 2004 to show cause why the Order for Reassessment should not be entered. A true and correct copy of the Rule is attached hereto as Exhibit A. 3. The Rule to Show Cause was timely served accordance with the applicable Rules of Civil Procedure, upon all parties in and a Certification of Service is attached hereto B. 4. Defendant(s) failed to respond or otherwise plead to the Rule Returnable date of April 20, 2004. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. FEDERMAN AND . . . Daniel G. Schmieg, Esquire Attorney for Plaintiff VERIFICATION Daniel G. Schmieg, Esquire, hereby states tlhat he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: April 22, 2004 F~RMAN AND ~, L.L.P. By: ~ Da~l G. Schmieg, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmie~, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Chase Manhattan Mortgage Corporation vs. Deric Thorpe A/K/A Deric J. Thorpe ATTOPd~EY FOR PLAINTIFF : CUMBERLAND COUlgTY : COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1536 CIVIL TERM RU~ ~ NOW, this I day of 0_~Ch , 2004, a Rule is entered upon Deric Thorpe A/K/A Deric J. Thorpe , Defendant(s) to show cause why the attached Order for Reassessment of Damages should not: be entered. BY THE COURT: ~ /// ¢ED~RMAN ;'~D pHELA~" ATTORI',J~ '; COPY FEDER~i~ ~m PHEW, LLP. PLEASE ;~TURN by: Daniel G. Schmieg, Es~ire Atty. i.D. No. 62205 One Per-n Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Chase Man~attan Mortgage Corporaticn vs. Deric Thorpe A/K/A Deric J. Thorpe CERTIFICATION OF SERVICE AND PHEL" .~TTORNEY FILE OLEASE RETURb, A~ORN,~ FOR PLAINTIFF C. UMBERLAND COUNTY COURT OF COMMON PLEASE CIVIL DIVISION ~:~ NO. 03-1536 CIVIL TERM~''~. I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of April 20, 2004 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on April 5, 2004. Deric Thorpe A/K/A Deric J. Thorpe 743 State Road, Lemoyne, PA 17043 Date: April 5, 2004 ~iel G. schmieg, Attorney for PlaintLf~' FEDERM3%/qAiqD PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Chase Manhattan Mortgage Corporation : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1536 CIVIL TERM Deric Thorpe A/K/A Deric J. Thorpe 01~DER AND NOW, this 30~ day of ~w~ , 2004, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule entered upon Defendant(s) shall be and is hereby made absolute and Plaintiff's Petition is GRANTED and it is further ORDERED that the Prothonotary reassess the damages in this case as follows: APR 2 8 Principal Balance Interest Amount November 1, 2002 through May 5, 2004 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit TOTAL 87,137.04 12,290.64 87.01 2,300.00 1,937.00 0.00 103.00 0.00 0.00 3,529.91 $107,348.60 Plus interest per diem from May 5, 2004 through Date of Sale at percent. NOTE: THE kBOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AIqD COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. Co~ J. six (6%) FEDERMAN/LND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563~7000 Chase Manhattan Mortgage Corporation vs. Deric Thorpe A/K/A Deric J. Thorpe ATTORNEY FOR PLAINTIFF : CUMBERLAiTD COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 03-1536 CIVIL TERM MOTION TO MAKE RDLEA~SOLUTI Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1. That it is the Plaintiff in this action. 2. A Petition for Reassessment of Damages was filed with the Court on March 15, 2004 and Rule was entered upon Defendant(s) Deric Thorpe A/K/A Deric J. Thorpe on March 17, 2004 to show cause why the Order for Reassessment should not be entered. A true and correct copy of the Rule is attached hereto as Exhibit A. 3. The Rule to Show Cause was timely served upon all parties in accordance with the applicable Rules of Civil Procedure, and a Certification of Service is attached hereto B. 4. Defendant(s) failed to respond or otherwise plead to the Rule Returnable date of ADril 20, 2004. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. FEDERMAN AND P . . . Daniel G. Schmieg, Esquire Attorney for Plaintiff V~RIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.E. §4904 relating to unsworn falsification to authorities. DATE: April 22, 2004 Da~Ui--el G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Chase Manhattan Mortgage Corporation vs. Deric Thorpe A/K/A Deric J. Thorpe ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-1536 CIVIL TERM AND NOW, this day of ~ 2004, a Rule is entered upon Deric Thorpe A/K/A Deric J. Thorpe , Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. ATTOR~',i~ .:5 COPY ~:~ ~ ~, ~. PLEASE ~TURN by: Daniel G. Schmie9, Es~ire Att7. i.D. No. 62205 One Per_~ Center Plaza, Suite 1~00 Philadelphia, PA 19102-1799 .~TTORNE~ HLE O0','' OLE~,SE RETLIR~ ATTORNEY FOR P-~~N~r: Chase Mar~attan Mortgage Corporation Deric Thorpe A/K/A Deric J. Thorpe CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify ~hat a copy Returnable Date of April 20, 2004 and a copy of Plaintiff's CUMBERLAND COUN~?Y COURT OF COMMON .LmAa ~c CIVIL DIVISION :~' --- NO. 03-153~ CIVIL ~ : :-=.- of the Rule Petition for Reassessment of Damages have been sent to the individuals indicated below on April 5, 2004. Deric Thorpe A/K/A Deric J, Thorpe 743 State Road, Lemoyne, PA 17043 Date: April 5, 2004 ~F~niel G. Schmie9, Attorney for PlaintLf~.,.f~/'