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HomeMy WebLinkAbout00-06122 . '"" FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFrCATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 pHlLADELPH!A, Pi\ 19102 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CHASE MORTGAGE COMPANY WEST, FIK/A MELLON MORTGAGE COMPANY 3415 VISION DRlVE COLUMBUS, 01'1 43219-6009 Plaintiff TERM NO. rlV- '/.;2..2.. ~ I.u--- CUMBERLAND COUNTY JAMES R. STAUB, JR. LORIA STAUB 119 CENTER STREET ENOLA, P A 17025 Defendant(s) CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE HTHIS FillM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE lS 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 :n Court. If you wish to defend against the claims set forth in the following pages, you must take nction 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. Yon are warned that if you fail to do so the case may proceed without you and a judgment may be entered against yon 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 TillS 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 ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, pA 17013 (717) 249-3166 Loan #: 512 i-l-I 7899 - ,,'. "., ~~ 1. Plaintiff is CHASE MORTGAGE COMPANY WEST, E/K/A MELWN MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OR 43219-6009 2. The name(s) and last known addressees) of the Defendant(s) are: JAMES R. STAUB, JR. LORI A. STAUB ] 19 CENTER STREET ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 11/24/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST UNION MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No, 1504, Page 534. By Assigmnent of Mortgage recorded 11/23/98 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No 631, Page 420. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 5/1/00 and each month thereafter are due and unpaid, and by the tenus of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." ", ',-', """""""1IiIoi 6. The following amounts are due on the mortgage: Principal Balance Interest 4/1 100 through 8/1/00 (Per Diem $16.27) Attomey's Fees CUl1llllative Late Charges 11/24/98 to 8/1/00 Cost of Suit and Title Search Subtotal $91,896.87 1,984.94 4,000.00 177.06 550.00 98,608.87 Escrow Credit Deficit Subtotal TOTAL 1,255.68 0.00 (1,255.68) $97,353.19 7. 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. 8. This action does not come under Act 6 of 1974 because the original mortgage amount cxceeds $50,000.00. 9. '''he COl1lbined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. {i1680A03c on the daters) set forth in the true and correct copy of slIch notice(s) attached hereto as Exhibit "A." 10. The Telnporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has tenninated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (Ii.) Defelldant(s) application for assistance has been rejected by the Pennsylvania Housillg Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $97,353.19, together with interest from 8/1/00 at the rate of $16.27 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale ofthe mortgaged property. I~r~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff - " .... ~ - 1iIiiIIlllIiili"' ~" _',llflj , L1a'I)~~ . . 7091116-00 ".',.' .... J~. GOUN :" - f'.~ ;, ..,; .. . ~ WHEN RECORDED MAIL TO: FIRST UNION MORTGAGE CORP~I~8C 150 Fayetteville St MaIlINC1\'12'3~ Raleigh, NC 27601 9 Af'110 50 ORIG/N4L 57 ~/<fllg9" RSf] il/O/P?~ Parcel Number: {Space Above 11\i5 Line Far Re\:.0\'dll\& natal MORTGAGE THIS MORTGAGE ("Security Instrument") is given on November 24. 1998 JAMES R STAUB JR AND .LORI A STAUB . The mortgagor is ("Borrower"). This Security Instrument is given to F I HST UN I ON MORTGAGE CORPORA T I ON which lsorganized and existing under the laws of NORTH CAROLINA ,and whose addressi, 1100 Corporate Center Dr., Raleigh, NC 27607-5066 ("Lender"). Borrower owes Lender the principal sum of Ninety-Three Thousand. Three Hundred Seventy-Five and No/l00 Dollars (U.S. $ 93,375.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Inslrument ("Note"), which provides for monthly payments. with the full debt, if nOl paid earlier, due and payable on December 1, 2028 . This Security Insttument secures to Lender: (a) the repayment of lhe debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced onder paragraph 7 to protect the security of this Security Instrument; and (c) the perfonnance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND County, Pennsylvania: SEE ATTACHED LEGAL DESCRIPTIDN 17025 PRDPERTY ALSO KNOWN AS 119 CENTER STREET. ENDLA, PA which has the address of 119 CENTER STREET. EAST PENNSBDRO TWP, Pennsylvania 17025 (Zip Code) ("PrOperty Address"); PENNSYLVANIA. Single Family - FNMA/FHLMC -~ UNifORM INSTRUMENT Form 3039 9/90 .. ~ -6H(PA)l94I01 Amended 12193 'l ~ VMPMORTGAGEFORMS-(800IS21.7291./'d (, ...flar' Page 1 016 Inillals: J.g.-.)~O\( ~ (Slreet,Cilyj, 1111111111111111111111111111111111I o,~"r 11;nA ..."'.. ,r;1A .~,'" ~- J .~_. . ~...""""'" . . First American Title Insurance Company SCHEDULE C Commitment No., RSSY #10699 At!. THa.1' CERTJ!"4' tract or pioce at land 8ituate in Eut Pennaboro Tnwnshipl Cumh~rland County, Pennsylvania. bounded and described aD fo110,,",a1 a~GINNING at A point on the western line of Center Street at the contQ:, Hoc of Lot No. 31, On the horeinafter mentioned Phn of ~ut~: thoncs, ~outh 88 deqrees 35 minutes West, a10n9 the center lino ~t Lota ~~S. 31 and 32, fivo hundred ninoty-one ,nd ~1ve-tenth. (~91.51 feet, more or 1..., to a point en the ea.tern line ot a thirty-thr.e (331 toot lano, thence .10n9 the e6atern line of 8ai4 thirty-thr.. \33) toot lahe, North 2 4evre.. Welt, one hundred five (105) ~..t to. point on the .outhern line O~ VD~ no. ~" ther.~., ~orth ae d.9ree. 35 minute. I.at, Ilong the aoathern lin~ ~t tot. NOI. 28 and 21, ti~ bUbd~.d e19hty-five and .even-tenth. (585.7) teet to a point on the w..t.~n line ot Center Street1 thence alon, tho we.tern line ot Center Street, :vwt~ 3 dbgr... lu minut.. Ea.t, one hundred live (105) teet, ~==. c: leas, to ~ point, the PI.e. at aEGINNIMG. CONTAINING one and one-half (l~J acres of land. a~!~G Lot. Nos. 29 and 30, and the northe~n on8~hal! of Lot. No.. 3t dn4 3. on the Plan ot ~ota known ..~~,.~. Enole Acre., 8A1d ~!:~ ~~in~ r.cord.~ in the Office for the Recordin9 of Deeds in an~ for Cu~rlan4 ~ounty in Plan 800k J, '&98 22. .,' . ,~p'~!',n'iy\\'~nl(\} 86 '," ; I .-.; ::>1;- ,L::::rlfind h .a.~ordifjg ot Deeds ',...',~,. ~~::..:: -~'l'j~,~~~~\~~~dt C~\rj~~~. L I ",.,' "~'~~'Ol._pa' . (lr-/ ','\ -." aletoHi , ~"6 '1"'" ,-,,-- TI" han d V ,19__ ..','-. ..... J . a c.:1rk; ,PA~ ..'- _,~_ , " ". ecordil' (j , ...... ,.<;':;-> /:,- .':/ '.- .~::/ ;.';~<~~ . Realty Settlement Services of York, Inc. 1418 East Market Stntllt, York, Pmnsy/vam'a 17403 (717) 845-9771 anJ f= (717) 845.6<)57 8uu!15Q4r1Gt 1540 ~,. ,,- "..., '-!.IIllI.~Ib"', . ~ ""'."""~l~..< . . 7091116-00 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument All of the foregoing is referred to in lhis Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the eslate hereby conveyed and has the right to mortgage, grant and convey the Property and that Ute Property is unencumbered, except for encumbrances of record, Borrower warrants and will defend generally the title to the Properly against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform CQvenanlS with limited variations by jurisdiction to constitute a uniform secwily instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepaymenl and late charges due under the NOle. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Inslrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Propeny, if any; (c) yearly hazard or property insurance premiums: (d) yearly flood insurance premiums, if any: (e) yearly mongage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate we amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds sh8I1 be held in an institution whose deposits are insured by a federal agency. instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow accounL, or verifying the Escrow lLemS, unless Lender pay's Borrower int.etcst on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one.time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreemenL is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower 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 are pledged as additional security for all sums secured by this Security Instrument If the Funds held by Lender exceed \he amounts permitted to be held by applicable law, Lender shall account 10 Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender al 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. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Properly, shall apply any Funds held by Lender al the time of acquisition or sale as a credit against the sums secured by !.his Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: nrst, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that ~ner, Borrower shall pay them on time directly to the person owed payment Borrower shall promptly furnish 10 Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing 10 the payment of the obligation secured by the lien in a manner acceptable 10 Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of lhe Property is subject to a lien which may attain priority over this Security Instrument, Lender 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 10 days of the giving of notice. ~ -&HtPA)l9410) \>>\982016 Form 3~ 9/90J]/l{l lm\lall: :il? ~ c:JrJ....j Bood5G4 PAGE .535' ,.,,' . . ....."'""'~.oL-< . . 7091116-00 . 5. Hazard or Property Insur.ance. Borrower shall keep the improvemenrs now existing or hereafter erected on the Property insured against loss by flre, hazards included within the tenn "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance c3frier providing the insurance shan be chosen by Borrower SUbjecIto Lender's approval which shall not be unreasonably withheld. If Borrower faiIs to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in lite Property in accordance willI paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receiprs of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to lhe insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restomtion or repair of the Propeny damaged, if the restoration 01' repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, wbether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or docs nOl answer within 30 days a notice from Lender thaI the insurance carrier has offered to settle a claim, then Lender may Wikel the insurance proceeds. Lender may use the proceeds io repair or restore the Property or to pay sums secured by this Sccurily Instrument, whether or not then due. The 3D-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due dale of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If under paragraph 21 the Properly is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Presetvalion, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish. and use the Property as Borrower's principal residence within sixty days after the execution of lhis Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allQW the Propcn.y io deteriorale, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could resull in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or 'proceeding to be dismissed with a ruling thal, in Lender's good faith detenninalion, precludes forfeiblre of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate infonnation or statements 10 Lender (or failed to provide lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of !he Property as a principal residence. If this Security InSb'Ument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall nol merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreemenrs contained in this Security InSb'Umem, or lIIere is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations). then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's righrs in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Propeny to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to olher terms of payment, these amounts shall bear interest from the date of disbursement at me Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. S. Mortgage Insurance. If Lender required mortgage insurance as a condition of making me loan secured by this Security Instrument, Borrower shall pay me premiums required to maintain lhe mortgage insurance in effect If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the i~surance coverage lapsed or ceased to be in effect Lender will accept, use and retain these payments as a loss reserve :nfieu of mortgage insurance. Loss reserve Form 3039 -'/90 j'), Page3of6 Inlua'I:_)~<,-',:"('fS i J ~ -6H(PA)(9"'Q) BOOk 1504 PAGE <536 ,~,,, " - ~ 6 "J '~ .Ii!;I~~",-< . . 7091116-00 . payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in !he amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes, available and is obtained. Borrower shall pay the premiums required ,to maintain mortgage insurance in effect, or to provide a: Joss reserve, L1nnl lhe requirement for mortgage insurance ends in accordance wilh any written agreement between Borrower and'Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, 'direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation. are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied ,to the sums secured by this Security Instrument, whelher or not then due, with any excess paid to Borrower. In the event of a part!al taking of the Property in which the fair market value of the Propeny immediately before the taking is equal to or greater than' 'the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender o~ise agree in writing, me sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied ~y the following fraction: (a) lhe total amount of the sums secured immediately before the taking, divided by (b) the fair market value of !he Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking o~ the Property ill which the fair market value of the Property immediare1y before lhe taking is less than the amount of the sums; secured immediately before the taking. unless Borrower and Lender olherwise agree in writing or unless app}icable law otherwise provides, the proceeds ...hall be applied to the sums secured by this Security Instrument whether or nOl the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award Of settle a claim for damages, Borrower fails to respond to Lender wilbin' ,30 days after lhe date the notice is given, Lender is authorized to collect and apply Ibe proceeds, at its option, either to restoration' or repair of the Propeny or to the sums secured by lhis Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not exlcnd or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change;the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Insttumenl granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest Lender shall nOL be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signets. The covenants and agreements of Ibis Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co.signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally'obligated to pay lhe sums secured by this Security Instrument.; and (c) agrees lhat Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or'the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted SI> thal \he interest Dr other loan charges coUecied or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make lhis refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any olher address Borrower designateS by notice to Lender. Any notice to Lender shall be given by rust class mail to Lender's address St3ted herei.n O'f any other address Lender designa1eS by notice \0 Borrower. Any notice provi.ded for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect olher provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. ~.6H("A){94'Ol Pa.ge4gt6 BOUK 1504 ~IGE 1537 Form 3~ 9/90 :./}-''''C- Inllla.ls: :172, 5(/1l.-() ",,= <M / ....-......; ~ ~ -... .' '. '-~ 'lilI'il_~ . . 7091116-00 " 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument 17. Transfer of th~ Property ~r ~ Benen~ial Interest i~ Borrower. If all or any part of the Property or any interest in it is sold or transferred (or If a benefiCial mterest m Borrower lS sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by Ibis Security Instrument However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of Ibis Security Instrument. If Lender ex.ercises this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less man 30 days from the date the notice is delivered ot mailed within which Borrower must pay all sums secured by this Security InsuumenL If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pemitted by ,this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Bonower shall bave the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security InstrUment; or (b) entry of a judgment enforcing this Security Instrument Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security .Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument. including. but nOllimited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by !his Security Insuument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shaJl remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale or Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security InSb'UmenL There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and lhe address to which payments should be made. The notice will also contain any other infonnation required by applicable law. 20. Hazardous Substances. Borrower shall not cause or pennit the presence, use, disposal, storage, or release of any Hazardous Suhstances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the ProperlY that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances lItat are generally recognized to be appropriate 10 normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hatardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene. other flammable or toxic petroleum produClS. tox.ic pesticides and herbicides, volatile solvents, materials containing asbestos or fonnaldebyde. and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower priof to acceleratio'~ following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides ntherwise). Lender shall notiry Borrower of, among other things: (a),the default; (b) the action reqpired to cufe the default; (c) when the default must be cured; and (d) that failure to: cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by jUdicial proceeding and sale or the Property. Lender shall further inrorm Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non.existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender, at its option, may require immediate paYment in full of all sums secured by this Security Instrument wit bout further demand and may foreclose this Security lnstru~ent by judicial proceeding. Lender shall be entitled to coDed all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security InsbUment, this Security fnsbUmem and the estate conveyed shall tenninate and become void. After such occurrence, Lender shall discharge and satisfy this Security InsbUment to Borrower. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under applicable law. 23. Waivers. Borrower, to the extent penniued by applicable law, waives and releases any error or defects in proceedings to enforce this Set:urity Inslrument, and hereby waives lhe benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. ) ~ -6H(PA)(94101 Form 30~,9/90....o: Inill'l15: ._// >. (/\ CIS P'lg..SaI8 BooK15Q4 rlGE 1538 ,. ,"~~~ .~...'- III~" ~, .- ,~ ... 7091116-00 U. Reinstatement Period. Borrow~'s time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff s sale or olher sale pursuant to !his Security Instrument 25. Purchase Money Mortgage. If any of !he debt secured by this Security Instrument is lent to Borrower 10 acquire title to the Property. this Secwity Instrument shall be a purchase money mortgage. Ui. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or ill an action of mortgage foreclosure shall be lhe rate payable from time to time under the Note. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument [Check applicahle box(es)] D Adjustable Rate Rider D Graduated Payment Rider o Balloon Rider o VA Rider D Condominium Rider o Planned Unit Development Rider o Rate Improvement Rider o Other(s) [specify) D 1-4 Family Rider o Biweekly Payment Rider o Second Home Rider BY SIGNING BELOW, Borrower acceplS and agrees to the terms and covenanlS contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it Witnesses: JA~~f~j2 ~jU' II C/nub LORI A STAUB (Seal) .Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower Certificate or Residence It (!,fl R1JL~'BU/lI1Y . do hereby certIfy that the correct address of thewllbm-oarned ortgageei" I () R j.L/tJC- /).7&Ol-5ffJf,~ 1100 de- cu.rv<- If.. I/. 'ir.~f jL.. L /q9f W_.,..,. ";4!i. ".7~~ '~ COMMONWEALTH OF PENNSYLVANIA, 1frJ- County os: 00 thlS.lbe [).4JI.. day of '1}ovJ"J,ez. j q9a ,before me. the uodersigned officer. personally appeared 1( Gf/lulo q~ -t JOR< 11. 8fqv.h qAmes . known to me (or Siftisfactorily proven) to be the person whose name subscribed to the within instrument and aCknowledged that rh~ executed the same for the purposes herein contained. I IN WITNESS WHEREOF. I hereunto set my, hand and official seal. My' C.Q,mmis.~i9rtE:J'pires: , ~ :'. , . . . , . ,".\ .., Agent of Mongagee ,', ~ .... ,~ ;, .:~~ r _ . .~~'~'.''''')}r~~ .;.......~4:' , ~~~~ ~ ~~,i ~'t'1:'" ~..... . ..,-,:,!~t~~:::~.~~'.,.. Form 3039 9/90 .;., 1JJJ,- L Bod504 PAGE 1539 -=-'-- "'""-~UM' ,,""'-.-.,. . ~~ "-"~, ~, ~~'IIilI8i 'lM-il:ii<<r Loan 1/5721417899 ~... CHASE ~, Chase Manhattan Mortgage Corporation 3415 Vision Drive Columbus, OH 43219-6009 1-800-848-9380 Collections 1-800-582-0542 TDD/Text Telephone May 4. 2000 James R. Staub. Jr. 119 Center Street Enola. PA 17025 RE: Loan #5721417899 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the enclosed pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name. address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions. you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions. representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. EXHIBIT A "'-'---""'" '&" ~. . , 0',. ~ James R. Staub, Jr. May 4, 2000 Page 2 LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENnO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): James R. Staub, Jr. Lori Staub PROPERTY ADDRESS: 119 Center Street. Eno1a, PA 17025 LOAN NUMBER: 5721417899 Current Lender/Service: Chase Manhattan Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 30 DAYS. IF YOU DO NOT APPLX FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CAT.T.F.D "HOW TO CURE YOUR MORTGAGE DEFAULT." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. EXHiBIT A "~"",,, '- ~ ". . , . ~, - ~l&oi."'H""'.~ lllili_l~' Loan #5721417899 o CHASE Chase Manhattan Mortgage Corporation 3415 Vision Drive Columbus, OH 43219-6009 1-800-848-9380: Collections 1-800-582-0542 TDDlText Telephone May 4. 2000 Lori Staub 119 Center Enola. PA Street 17025 RE: Loan #5721417899 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default. and the lender intends to foreclose. Specific information about the nature of thE! default is provided in the enclosed pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to help save your home. This Notice explains how the program works. To see if REMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name. address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions. you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions. representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. __~ .~:. ~~ ~ ~ ;::' '-i '; ~'_.! _"_,"" 'UI'"" ~~ ,~- . rill_Dill.;' ~~ ,~" "~ "'~~~,,:" Lori Staub May 4, 2000 Page 2 LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): James R. Staub, Jr. Lori Staub PROPERTY ADDRESS: 119 Center Street, Enola, PA 17025 LOAN NUMBER: 5721417899 Current Lender/Service: Chase Manhattan Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NErr 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. E'VL'!R1T' 1\ ^rUu~. j(-, ",,-~<--.~ ."~ ~~ .,~ "'~~"- "' ~ _.-J~ ~'t\l~j,~iH,W' a CHASE James R. Staub. Jr. May 4. 2000 Page 3 CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice. the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and teleohone numbers of desi~nated consumer credit counselin~ a~encies for the countv in which the orooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face- to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender. you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so. you must fill out. sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIJm PERIODS SET FORTH IN THIS LETTER. FORECLOSURE MAY PROCElID AGAINST YOUR HOKE IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time" no foreclosure proceedings will be pursued against you if you have met the tiIoe requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY. THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COIJ..ECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance. ) C~}<t~~}S~"~j~ :~l _-"'l>l~"._ --....... ~~ . -- = -.~-, 1~'~~"~~!l!il,;1; James R. Staub. Jr. May 4. 2000 Page 4 HOW TO CURE YOUR MORTGAGE DEFAULT {Brinl!: it uo to datel NATURE OF THE DEFAULT - The ~ORTGAGE debt held by the above lender on your property located at: 119 Center Street. Enola. PA 17025 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Starting February 2000 through April 2000 at $788.91 per month. Total Monthly PaYments Past Due Late Chan!es Other Fees $2.366.73 $U8.04 $19.50 TOTAL AMOUNT DUE TO CURE DEFAULT: $2.504.27 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER. WHICH IS $2.504.27. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. PaYments must be made either bv cash. cashier's check. certified check or money order made oavable and sent to Chase Manhattan Mortl!:al!:e Corooration. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice. the lender intends to exercise its riabts to accelerate the mortl!:al!:e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due ~is not made within THIRTY (30) DAYS. the lender also intends to instruct its attorneys to start legal action to foreclose uoon your mortl!:al!:ed orooertv. EXHiBIT A -, ,..~~~ "- . ._- . ~~ " - ^;..~ ~;"'_~~if",i.l',i, o CHASE James R. Staub. Jr. May 4, 2000 Page 5 IF THE. MORTGAGE IS FORECLdSED UPON - The mortgaged property will be sold by the Sheri,ff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if the legal proceedings are started against you. you will have to pay all reasonabl,~ attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender. which may also include other reasonable costs. If YOU cure the default within the THIR~rY (30) DAY Deriod. YOU will not be reauired to Day attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun. YOU still have the right to cure the default and nrevent the sale at ffi1Y time un to one hour before the Sheriff's Sale. You mav do so bv naving the total amount then nast due. Dlus anv late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and anY other costs connected with the Sheriff's Sale as snecified in writing bv the lender and bv nerforming anv other reauirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest datE3 that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Chase Manhattan Mortgage Corporation Address: 3415 Vision Drive Columbus. OH 43219-6009 Phone Number: (800) 848-9380 Fax Number: (614) 422-5381 Contact Person: Scott Casteel EVE "F"- (, , ",-""."',," '\ J.~;1 in ~:'" " ;-, c"lmi:-~ ~ - '"-..., James R. Staub. Jr. May 4. 2000 Page 6 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale. a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You might be eligible to sell or transfer your home 'to a buyer or transferee who will assume the mortgage debt. provided that all th," outstanding payments. charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. To determine eligibility you must contact our office to verify the assumabili'ty of your property. YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED. IF YOU CURE THE DEFAULT. (HOWEVER. YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALEnolaR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY TlgB LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Chase Manhattan Mortgage Corporation is attempting to collect a debt and any information obtained will be used for that purpose. Sincerely. FHLMC by ~~ Scott Casteel Loan Counselor Chase Manhattan Mortgage Corporation Enclosure C173.1/1417899B.503/Y2MCD/BREACH ~~::~,1,:__:' > .._~:, ~"~7 _ L..j>'...~ :~..~" ill <i-I-, ,'._"',~' ' . ~_O<"_=" ~. - _ ~ "~ 'V- ~ -' -'-"'IiI,ilii,W_MI.I'N, Consumer Credit Counseline Aeencv Notification To: Date: Name of Mortgagee: Address: In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by: Name of Applicant Address Telephone Number Mortgage Loan Number Address of property on which mortgage is in default, if different from above. The counseling agency met with the above named applicant on Date who have indicated that they are more than sixty (60) days delinquent on their mortgage payments and have received notification of intention to foreclosure from Name and Address' of Mortgagee In accordance with the Homeowner's Emergency Mortgage Assistance Program. this is to inform you that: 1. If the delinquency cannot be resolved within the 30-day forbearance period as provided by law. the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's Emergency Mortgage Assistance. 2. By a copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has indicated as also having a mortgage on the property identified above. 3. It is our understanding that the 30-day forbearance period in which we are now in ends on 4. No legal action to enforce the mortgage may occur during this forbearance period. unless procedural time limits were not met by the homeowner. 12- "i.fkj ~ ',:,:~ ro~", .~. \ L j"\r~ d_H lJ lr'\:. ,<~-i''''~''''''' ~"~ " , I . ~ .. I' - -- I, ~"'. ~enI!sylvania Housing Finance Agency Homeowner's Emergency Mortgage Assistance Program Consumer Credit Counseling Agencies (Rev. 5/99) LC:fCtlming.Clintun Gaunces ommLS.luon ;Oar C . 2138 wnc:oln S=. a=W1lt"f.~:ian (STEP) P. O. Box 1323 - W';}IWnspor:, PA 17703 (5,0) 326-0587 FA."'!: (570) 322-2197 Gees af )(or"~~e:>.ster::t P!\. 20 1 Basin St:-eGt . . W'ill' .. (5-0la.ln.s) 3 port, PA 17703 ~ 2.3.-Q627 F.~1:(570) 323-0626 CLINTON eO{j'NTY cces of NOr"..heaster.> P!\. 16~1 S AthertOn St . SWte 100 State College. FA 16801 (814) 238-3668 F.~1: (814) 238-3669 COLl.J"'MBIA eOlTh"TY eGes ofNo.-..heasteru Pennsvlvania 1400 Abington E.~e<:'.ltive Park Suite 1 elarks Summitt PA 18411 (570) 587.9163 or (800) 922-9537 F.-\X (570) 587-913419135 31 w. Market Street POB 1127 W'Ukes.B=. PA 18702 (570) 821-0837 or (800) 922-9537 F.~1: (570) 821-1785 Commia.ion on Economics Opportunity of Lu:erne eoun!:'f 163 Amber Lane W'Ukes-Barre, PA 18702 (570) 826-0510 or (800) 822-0359 FA."'!: (570) 829-1665-CALL BEFORE FA."ID!G (570) 455-4994 HAZELTON F.~"{ (570) 455-5631-CALL BEFORE F.~"ID!G (570) 836-4090 TUNKF_-'.i.'<"NOCK Booker T. Washington eencer 1720 Holland S=t Erie, P.... 16503 (814) 453-5744 F.~"{ (814) 453-5749 John F. Kennedy Cencer. Inc. 2021 East 20th St:-eet Erie, PA 16510 (814) 898-0400 F~(814) 898-1243 CRAWFORD eOlJ"NTY Greater Erie Co=uni!:'f Action Commit'..ee 18 West 9th Street Erie. PA 16501 (814) 459-4581 F.-\X (814) 456-0161 Shenango Valley Urban teague, !nc 601 Indiana A"enue Farrell. PA 16121 (412) 981-5310 CUMBERLA.'ID COlJ"NTY Flna.ncia1 Counseling Sernces of Fr:mkIin 31 West 3td Street Waynesbora, PA 17268 (717) 762.3285 YWCA of Carlisle 301 G Street Carlisle, P." 17013 (717) 243-3818 FA."'t (717) 731-9589 Adams County Housing Aut!,-ori!:'f 139-143 Carlisle St Gettysburg. PA 17325 (717) 334-1518 F.~"'t(717)334-8326 cees of Wester.> Pennsylvania, Inc. 2000 Ling!estown Road Har:'.sburg, PA 17102 (717) 541-1757 Urban League oi:Yletrl:lpolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 F_~"{ (il 7) 234.9459 Co=unit"f Action Co= of the Capital Rqion 1514 Den-- St:'eet Harrisbu,.g., PA 17104 (717) 232-9757 F.~1: (717) 23-1-2227 EXHIBIT t~ PEHNSY1..VANIA BULl.ET1N, VOl.. 29, NO. 2:l, JUNE S. 1999 'lllitlilllHl , -~'I!li',Ll ,o~~ ,~ ~ iLl ~ ,:" IIlIIIlIliIfIi .'""'~"~iIl~t$>1 " Al.L TH T CERTAIN tract or piece of lan" situate .in East Pennsbor'o Towns .ip, Cumberland County, Pennsylvan.ia, boun"e" and describe,d as fo lows: SEGIN'ING at a point on the western line of Center Street at the cente lino of Lot No. 31, On the hereinafter mentioned Plan of Lots: thence, South 88 degrees 35 minutes West, along the center lil\o f Lots Nos. 31 and 32, five hundred ninety-one and five- enths (591.S) feet, more or less, to a point on the easte n line of a thirty-three (33) foot lane: thence along the easte n line of sa.id thirty-three (33) foot lane, North 2 degrees West, one hundred five <.105) feet to a point on_~~e southern line of Lot No 28: thence, ~orth 88 degrees 35 minutes East, along the south rn lin~ of Lots Nos. 28 an" 27, f.ive hundred eighty-f.ive an" seven tenths (585.7) feet to a point on the western line of Center Street: thence along the western line of Center StreE't, South 5 d greea 10 m.inutes East, one hundre" f.ive (105) feet, more or 1 ss, to a po.int, the P~ace of BEGXNNING. CONTAJ:NIN one ana one-half (1~) aeres of land. Nos. 29 and 30, and the northern one-half of Lots Nos. n the Plan of ~ots known as West Enola Acres, sa.id recorded in the Office for the Recording of Deeds .in berland County in Plan Book 3, Page 22. BEJ:NG Lots 31 and 32 plan being and for CU HAVING the eon erected a three-room bungalow. BEING know as 119 Center Street, Enola, Cumberland County, Pennsylvan a. BEING the Ebner, Jr. Br.inton, b the Recora '.Z20", Pac;; and }>.nna T. on November surviving s Arne premises which Lemoyne Trust Company and Charles Executo.rs of the I.ast W.ill and '.t'estament of Maude H.. the.ir deed dated September 11, 1963 and recorded in r of Dee"s Office of Cumberland County in Deed Book 184, granted and conveyed unto Clarence E. Stone, :Jr. Stone, h.is wife. The said Clarence E. Stone, Jr. died 28, 1988 and by operat;Lon of law title vested .in hi~, ouse, }>.nna T. Stone, Grantor herein. '- --~ I, ".~,,", ~"'-""~", -- VERIFICA nON CHRISTOPHER STUMP hereby states that he is ASSISTANT SECRETARY of CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, infonnation and belief. 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: q II /fJO ~ "'"-'--I~j;r ~~ '- '" c ..., '" ~ . '="c,jj~..MI~~41~Iii.i!i~~~,.'iW-ll~"=~ .g - ~ "~~, ~ _J:.''.iilir~ - , ~ ~, - " () C' ~'- 2,C~' (;,:,; I>. ~?C (#E~' -c .........:: :( ."',) c..) *"~J ."1::-" ':~ J L) C:':') (/) '-rl "-,~", ~ c) -") ;"1 "'; ',,' '::..J -< (2) ~ j I .i\ " -L if\' V, a , I d '81 ~ , ! t r ~ ,,~M _. n. ~.~~~ ,- """",'I~ - .~ ~~, ~~ '.-.MIllaliilllllilr@.\.- SHERIFF'S RETURN - REGULAR . - ,\, CASE NO: 2000-06122 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY WEST VS STAUB JAMES R JR ET AL HAROLD J. WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STAUE JAMES R JR the DEFENDANT at 1735:00 HOURS, on the 25th day of September, 2000 at 119 CENTER ST. ENOLA, PA 17025 by handing to JAMES STAUB a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.92 .00 10.00 .00 37.92 So Answer~~~ R. Thomas Kline 09/27/2000 FEDERMAN AND PHELAN Sworn and Subscribed to before By: ~'~~tJ,~ 'fieputy heriff S~ me this day of (JJ~ c2cni?> A.D. ~a fh,.lI:., ~ r thonotary , II ' "~~ ~~ -- tJI!>1;' SHERIFF'S RETURN - REGULAR , .. CASE NO: 2000-06122 P j COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY WEST VS STAUB JAMES R JR ET AL HAROLD J. WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STAUB LORI A the DEFENDANT , at 1735:00 HOURS, on the 25th day of September, 2000 at 119 CENTER ST. ENOLA, PA 17025 by handing to JAMES STAUB, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: r'~~ R. Thomas Kline 09/27/2000 FEDERMAN AND PHELAN Sworn and Subscribed to before By: kU/~tJ~ Deput Sherif~ me this de day of o~ ~ A.D. ~Q.~~. o honotary , -', ~~ -",-,;"" ')-,,;; ,.'y"" ,_,o:i.>~__L-_~ -;Li.L~ _, ""-"'-'-~l.~' ~ ~~.iS'r &du-i ~ ~\2'1 le ,MON PLEAS ~NSYLVANIA CHASE ~ flk/a MEl v 0. '\.~ \.-.:) c.>\ ~()r i he.rn.. 't-o \c st w OC'l'Ll off; u...fY\.c--r1'\. -t M JAMES LORIA :LOSURE l!...,uL ctions in the Nature of a Motior ~EBY ORDERED, that the Plaint r, J. Distribution: Jill M. Wineka, Esq., 1719 North Front Street, Harrisburg, PA 17102 Frank Federman, Esq., Two Penn Center Plaza, Suite 900, Philadelphia, PA 19102 <-- ,~o'~'- ",,",,- '<.~h.,' ~y,.~'--, <' ,',,",;, ,zo_ -, :~:- ,'---0" :"~'"":":, '. " '''""'iiiltlii<i; CHASE MORTGAGE COMPANY WEST, f/kla MELLON MORTGAGE COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 00-6122 CIVIL TERM vs. JAMES R. STAUB, JR. and LORI A STAUB, CIVIL ACTION - LAW Defendants IN MORTGAGE FORECLOSURE DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT IN MORTGAGE FORECLOSURE . AND NOW, come the Defendants, James R. Staub, Jr. and Lori A Staub, through their attorneys, Purcell, Krug & Haller, and file the following Preliminary Objections in the nature of a Motion to Strike for Lack of Subject Matter Jurisdiction, and aver the following: 1. On September 7, 2000, Plaintiff, Chase Mortgage Company West f/k/a Mellon Mortgl'lge Company, filed a Complaint in Mortgage Foreclosure against Defendants, James R. Staub, Jr. and Lori A Staub, seeking an in rem judgment for the Staubs' residential property located at 119 Center Street, Enola, Cumberland County, Pennsylvania 17025. 2. According to Paragraph 9 of the Plaintiff's Complaint, prior to the commencement of the, mortgage foreclosure ~ction, the Plaintiff had sent written notice to the Staubs dated May 4,2000, as required by 35 P.S. 91680A03c. Copies of the May 4,2000 Notices were attached as Exhibit "A" to the Plaintiff's Complaint. , , 3. Pursuant to S~ction 1680.403c(a), the written pre-foreclosure Notice may only be sent if a mortgagor is "at lea$t sixty (60) days contractually delinquent in his mortgage payments " 4. Pursuant to Paragraph 5 of Plaintiff's Complaint, the date of default is identified as May 1, 2000. 5. The statutorily required minimum of sixty days between delinquency and sending the Notice was not satisfied. -- , - ,-.'0,,, __ " 6. Notice requirements pertaining to foreclosure proceedings are jurisdictional and failure to comply therewith will deprive a court of subject matter jurisdiction to act. 7. Pursuant to Rule 1028(a)(1) of the Pennsylvania Rules of Civil Procedure, a party a may file a preliminary objection challenging a court's lack of subject matter jurisdiction. WHEREFORE, the Defendants, James R. Staub, Jr. and Lori A Staub, respectfully request this Honorable Court to strike the Plaintiff's Complaint in Mortgage Foreclosure. Respectfully submitted, . Wineka, Esquire I 0.58802 PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorneys for Defendants, James R. Staub, Jr. and Lori A Staub Dated: IO/2l//rJd 2 ,'"" ,,;, ,,~,";'.i " ,"" ," ',.'"", -';E'^'::~":;"-;;,~""~__;.~";":\",,, "iiiJ: CERTIFICATE OF SERVICE I, Barbara A Shadel, an employee of the law firm of Purcell, Krug & Haller, do hereby certify'that I served a true and correct copy of the within Defendants' Preliminary Objections to Plaintiff's Complaint in Mortgage Foreclosure upon the following, by depositing same in the United States Mail, First Class Mail, Postage Prepaid, addressed as follows: Frank Federman, Esquire Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102 Attorney for Plaintiff 1tU.//O-{i}'./J.. 11,~ / Barbara A Sh del Dated: I 0 12 L/ Iou ,"~ ~~ . IN THE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA FEDERMAN AND PHELAN, L.L.P. BY: FRANK FEDERMAN, ESQUIRE IDENTIFICATON NO. 12248 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 Chase Mortgage Company West Plaintiff, : No. 2000-06122 v. James R. Staub Lori A. Staub Defendants PRAECIPE TO DISCONTINUE FORECLOSURE ACTION TO THE PROTHONOTARY: o c: ~ -os. 111 O:J z[n :2'~~ w<;::: -2': ~C! ..,.. ~8 ~ =< Kindly mark the above captioned foreclosure action as discontinued without prejudice. l1. '41 OV Date ~c~~ Fr Federman, Esquire/JBS Attorney for Plaintiff """~._". ~ ':::> (:0 2~~) a o ,..".:) i" --:-'J , LD r) ~ ."O;:'i"l '"J'-G .'.)j? :::j ::..~..:~ '-') :7j ~,:;;-~ c..., c~n'l -.., ~ -< -- " :Jf;;- L . " '.i... ,."..,,~~, !iW~~ii CHASE MORTGAGE COMPANY WEST flk/a MELLON MORTGAGE COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 00-6122 CIVIL TERM vs. JAMES R. STAUB, JR. and LORI A STAUB, Defendants CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE ORDER . AND NOW, based upon the Defendants' Preliminary Objections in the Nature of al Motion to Strike for Lack of Subject Matter Jurisdiction, IT IS HEREBY ORDERED, that the Plaintiff's Complaint in Mortgage Foreclosure is stricken. BY THE COURT, J. Distribution: Jill M. Wineka, Esq., 1719 North Front Street, Harrisburg, PA 17102 Frank Federman, Esq., Two Penn Center Plaza, Suite 900, Philadelphia, PA 19102 " " ,..;. ~ID; CHASE MORTGAGE COMPANY WEST flk/a MELLON MORTGAGE COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 00-6122 CIVIL TERM vs. JAMES R STAUB, JR and LORI A STAUB, CIVIL ACTION - LAW Defendants IN MORTGAGE FORECLOSURE ORDER . AND NOW, based upon the Defendants' Preliminary Objections in the Nature of a Motion to Strike for lack of Subject Matter Jurisdiction, IT IS HEREBY ORDERED, that the Plaintiff's Complaint in Mortgage Foreclosure is stricken. BY THE COURT, J. ..,- Distribution: Jill M. Wineka, Esq., 1719 North Front Street, Harrisburg, PA 17102 Frank Federman, Esq., Two Penn Center Plaza, Suite 900, Philadelphia, PA 19102 1W~~~1$fm'l~Jf~'f~~~~'Th~lc~_ ",Ill',",' , " , , , . , . ~ ~ ~ , OJ N ~~~ ~ ! u. z o 0 g ~ ~ ffi l E ~ ~ ~ I I I , 1 I I j, o o m Q) ~ :J Q)CJ) .!:: cO C\I :JNO O"ro.... Ul- ~ =Wa.~ = _ r.... =CQ)<( -=ro"Ea. :EQ) _ -= ID () .!!l ="OC..c: -:: Q) C .9- :LL.Q)Q) -=.>0:0."0 - 1ij r; .~ -r....;>.c -=LL.t-a. I I I I I I f " I' t' , ! ! ! I I I ~~~n<-1E!~~-m.y,r-4:%,!{0~:\\.,-'J~",~U'~~$i ~;$7k0'~('~~ ',;:!j\*~,;..7iX.'#';;:p.".'.....',',"'.'i-; ,- _"~""m~ , '>,' "m _, . ',;~;l'f'.1k'':.~J,;>Jj\''S)};'t~ 'i.~-t~;-~t1" .... Q)Q)C\1 .!::: Q) 0 _::S~'r" = r::r (/) I'-- """':fJ>.....'r" =UJc:: : - e <( =~l.L.a.. -= Q).s::: - =c:: Ol _._t .... =:> 0 ~ ::>Z.c -' '" -= :2 Ol 'C = -c-'- - = I'-- CO ....:::.::;......:c ti el~~ ~ ~ u: ~ if u. z o 0 g ~ ~ ffi J G ~ ~ t L I I ! I I; I I I i, I: Ii ! r \ i I , \0:il~ ':',,4*-~3!:'('~',i >:''','!,'.?-i;x:.....'c..' --"" ,".."l."" "" '~'" ~_ :f;~,~i;;;,;~,;:;!,~~'%,;A;J.%,;R:;;;~'tl:;~;;;~if,;i ~'~ '~,'It I " FEDERMAN AND PHELAN BY: JOSHUA B. SEARS, ESQUIRE IDENTIFICATION NO. 83419 SUITE 900, TWO PENN CENTER PLAZA PHILADELPHIA, PA 19102 (215) 563-7000 ATTORNEY FORPLAThITIFF Chase Mortgage Company West FIKIA Mellon Mortgage Company 119 Center Street Eno1a, P A 17023 vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY CNIL DIVISION No. 2000-06122 James R. Staub Lori A. Staub 119 Center Street Eno1a, P A 17023 ORnRR AND NOW, this day of ,2000, upon consideration of the Preliminary Objections of Defendants, James R. Staub and Lori A. Staub and Plaintiff's Response thereto, it is hereby ORDERED and DECREED that the said Preliminary Objections are overruled. Defendants have a period of twenty (20) days from the date of this Order within which to file an Answer to the Complaint. BY THE COURT: 1. ""'",,_""....._.... _,~~~ r.""=<' ." ~ ,~ . " ,~' '-- '. > " J: ]~i;.~ ... ./ FEDERMAN & PHELAN BY: JOSHUA B. SEARS, ESQUIRE IDENTIFICATION NO. 83419 SUITE 900, TWO PENN CENTER PLAZA PHILADELPHIA, PA 19102 (215) 563-7000 ATTORNEY FOR PLAlNTIFF Chase Mortgage Company West F!K/A Mellon Mortgage Company 119 Center Street Enola, P A 17023 vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY CNIL DNISION No. 2000-06122 James R. Staub Loria A. Staub 119 Center Street Enola, P A 17023 PLEASE BE ADVISED rHA T THIS FIRM IS A DEBT COLLECTOR A TTEMTING TO COLLECT A DEBT. ANY INFORMA nON RECEIVED 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 THE PROPERTY. PI.4INTIFF'S RF,SPONSR TO DRFF,NTlANTS' PRRI .IMIN ARV OR.IRCTIONS Plaintiff, Chase Mortgage Company West F!K/ A Mellon Mortgage Company, by its attomey, Joshua B. Sears, Esquire, hereby files the within Response to Preliminary Objections ofDefendanll(s), James R. Staub and Lori A. Staub, and in support thereof states as follows: 1. Admitted. Plaintiff filed the instant mortgage foreclosure action on September 7, 2000 as Defendants' mortgage loan default is seven months delinquent. Plaintiff seeks to enforce its rights contained within the mortgage as a result of Defendants' failure to cure their default:. A true and correct copy of the mortgage is attached hereto, made part hereof, and marked as Exhibit A. 2, Admitted in part, Denied in part. Plaintiff admits notice pursuant to Act 91 of 1983 was sent to Defendant on May 4,2000. Such notice informed Defendant of his right to a face- to-face meeting with a consumer credit counseling agency and the necessary amount for them to tender to cure their default. A true and correct copy of Plaintiffs May 4,2000 Act 91 Letter is attached hereto, made part hereof, and marked as Exhibit B. At the time of Plaintiffs mailing of the ,",-'- , ." . "",' >' ";'j~, ., Act 91 Notice on May 4,2000, Defendant was due for the March 1,2000 payment. Thus, Defendants were more than sixty days delinquent on their mortgage loan. Plaintiff mailed to Defendants on JIme 8,2000 another Act 91 letter informing them of the necessary amount to cure the default. A true and correct copy of Plaintiff's June 8, 2000 Act 91 Letter is attached hereto, made part hereof, and marked as Exhibit C. Subsequently, Defendants tendered two montWy payments, which Plaintiff has properly applied to their mortgage loan account, thereby making Defendant due for the May 1, 2000 payment. At the time of Plaintiff's mailing of the June 8, 2000 Act 91 Notice Defendants were three months delinquent on their mortgage loan payments. 3. Denied. The averments set forth in paragraph three contain a conclusion oflaw to which no response from Plaintiff is required. By way of further response, Plaintiff refers to its response in paragraph two, above. 4-5. Admitted. By way of further response, Plaintiff refers to its responses in paragraphs one and two, above. By way of further response, however, Plaintiff properly mailed Act 91 Notice to Defendants on June 8, 2000 when Defendants were more than sixty days delinquent on their monthly payments. Thus, Plaintiff was in compliance with S 1680.403c(a). 6-7. Paragraphs six and seven contain conclusions of law to which responses from Plaintiff are not required. By way of further response, however, Plaintiff refers to its responses in paragraphs one through five, above. WHEREFORE, Plaintiff respectfully requests that the Court overrule the Defendant( s)' Preliminary Objections and direct the Defendant(s) to file an Answer to Plaintiffs Complaint. Respectfully submitted, FEDERMAN AND PHELAN Joshua Attome Date: ~>>k<il~Rliill-'~{IDi~'lM ;)'-~",.h:fi.li",WM;;;}):;l!iii,.~=-"i~,;;1.&;,~"J;&h!,c",,-40',?"i,lllJisV'~'j'j"~: ' """,^'"," . ,",",~~ .n ~~, "'n<.' ", ",'c ~',~.' ,~v., ~"'\'-;","","'~O'O"""""""'" ".~",," '.'''. ,., ~,,",.. ," '-"-':'" -Ift,1liiiliiIo "." I' i'~~ ,,"_~'o' '~ o c <' -ocr r11 f r"~ 2-' _...I,. Ll;:' C/) ..' -<2~ ~C) >0 20 >0- Z ~ , .~ , ,~ . .',~ ,!;. \0 - .' " (-, cS f3 """ () -n G.; ~~ 9 ~ """1>"". "=~. ~ .... .. ~ ~' <~ , = =..= "" ". . .> -~ ~ ~'1iIIIiumi "-~~;" . J' Idnlp/preliminaryobjectionsl FEDERMAN & PHELAN BY: JOSHUA B. SEARS, ESQUIRE IDENTIFICATION NO. 83419 SUITE 900, TWO PENN CENTER PLAZA PHILADELPHIA, PA 19102 (215) 563-7000 ATTORNEY FOR PLAlNTIFF Chase Mortgage Company West F/KIA Mellon Mortgage Company 119 Center Street Enola, P A 17023 vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY CNIL DMSION No. 2000-06122 James R. Staub Lori A. Staub 119 Center Street Enola, P A 17023 CF.RTTFTrATF. OF SF.RVTCF. I hereby certify that a copy of the Plaintiff's Response to Defendants' Preliminary Objections, Brief and attached documents were served upon counsel for the Defendants by first class mail, postage prepaid, at the address and on the date listed below: Ji1l M. Wineka, Esquire Purcell Krug & Haller 1719 North Front Street Harrisburg, PA 17102-2392 DATE: ll~(fb Jos B. Sears, Esquire Attorney for Plaintiff i1~: .t.li.!!i.S_~h.!li;&liJjM*B:kW.iliiO:}!1i>I~N.~~mi\IJ'ii~i~~W~",'I~"llidM.~;;,;;~~Nl.Jil.JIIi 'j""" .~,,~ ~ . o. _ _ ~" ~. '" ~~ ____lll~ ~,. Q ~ 1'"t1t~\ ~\D..~, ~\ cAy: ~f~; "J7C) bCd. Y\ (;) c? ~ ~ ~--- -- v.-' .. . \,. , ""C, \,-- .\",' <\-:- -~ ~ 6 .' ;~':j:\ \~~J{\ ';:::.\ 7' ~ - ,0 T >1<-' .' '~w ~~ , . ~- ~> I, , ~ - ~ " PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. ~~~~~.....~~-~~~~~--~~~~~~~~~~~~~-~~~~~~~-~~~~~~-~~~~~~~~~-~-~~~~~~~~~~~~~~~~~~~~-~~-~~~~~~~~~~~~~~~~~~~~~~---~-~-~~ Chase Manhattan Mortgage Company West F /K/ A Mellon Mortgage Company 3415 Vision Drive Columbus,OH 47219-6009 (Plaintiff) vs. JameS R. Staub, Jr. Lori A. Staub 1 19 Center Street Enola, P A 17023 (Defendant) No. 200006122 Civil 2000 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendants' Preliminary Objections 2. IdentifY counsel who will argue case: (a) for plaintiff: Address: Joshua B. Sears, Esquire Federman and Phelan, L.L.P. Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102 (b) for defendant: Address: Jill M. Wineka, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102-2392 3. I will notifY all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 6, 2000 Date:~ ~ .M.l& '~".;: ~' ~, 1li!t,;.~i~o.l'.W1if!ll'i~~_ilW.""",,,.....i.wr.liiilirn""~,.:i.li.L' . C{,--'<' ",.-,. '''',,;^,__,', "7>" .~ >>," ~", ~) " lMiilllilNiiU ..,- '. , ~'. ",,-_..",,~ 0 co ,-, "-....' c: C:l ''OJ s:: Z Um S~ mo" " ZI! "Ii' zt;:: c:' 'J(:1 ~z !.,':;(~/ r::C-' J:~ t;~ j> ZO -0 9 q\:l ;Pc ~ z 0;) -to- =< :0 r" -< .,,, , .' , i I :i ! I' I I I I , ,~,l ':';"'"' ~ "" .'""""~ ,==""~ __""""",,,I ....... "~ '/j('" , , .. /dmp/preliminaryobjections/ FEDERMAN & PHELAN BY: JOSHUA B. SEARS, ESQUIRE IDENTIFICATION NO. 83419 SUITE 900, TWO PENN CENTER PLAZA PHILADELPHIA, PA 19102 (215) 563-7000 ATTORNEY FORPLAlNTIFF Chase Mortgage Company West F!KIA Mellon Mortgage Company 119 Center Street Enola, P A 17023 vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DNISION No. 2000-06122 James R. Staub Lori A. Staub 119 Center Street Enola, P A 17023 rF,RTTFTrATR OF SF,RVTrR I hereby certifY that a copy of the Plaintiff's Praecipe for Argument was served upon counsl~l for the Defendants by fIrst class mail, postage prepaid, at the address and on the date listed below: Jill M. Wineka Purcell Krug & Haller 1719 North Front Street Harrisburg, PA 17102-2392 DATE: ~ I D/ (fb Joshua . Sears, Esquire Attorn y for Plaintiff ~~~P"lli,b1!i,!&,"ri";l"hll<,'jHl.ili~'M3'",'i~W.fr~""~",:",~:a;",,,,,..,,~;';Jiii~~<J.E'<+--'i"'-~M""j".~"; ~ , ~~~ ." , ,,~, ~ < ~~ ,~" "."," ,-- ,,",, n ~l!iII!IlIlil "4," ~ . .. [, - 0 0 C CJ -~ Z s. -om ':2 rnrn 2:J:' z~-'- 0:. UJ~~;, ~:j~~ !2cJ :;p:> 'i~ ~Q -",-=" -;~ ;p-g ~.: ,.--; ~'~\ ~ "'c> N ~ I'" :< ~ < ,.- .~