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Home My WebLink About00-07783 ~, . P"= FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 FIRST UNION NATIONAL BANK, S/B/M TO MERIDIAN BANK 1100 CORPORATE CENTER DRNE RALEIGH, NC 27607 ATTORNEY FOR PLNNTWF ~ " . COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. 61J ~ 778"3 ~ v. CUMBERLAND COUNTY P. THOMAS LONG MARY E. LONG 28 SOUTH 29TH STREET CAMP HILL, PA 17011 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY 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 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, P A 17013 (717) 249-3166 ~ " . 1oan#: 9731516 ~,~ - ",", ~~ ~ O~~ 1. Plaintiff is FIRST UNION NATIONAL BANK., S/B/M TO MERIDIAN BANK 1100 CORPORATE CENTER DRIVE RALEIGH, NC 27607 2. The name(s) and last known addressees) of the Defendant(s) are: P. THOMAS LONG MARY E. LONG 28 SOUTH 29TH STREET CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/24/94 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAIN'tIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1240, Page 681. 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 6/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." ,,, ',. ., " . ~ ! '''0, 6. The following amounts are due on the mortgage: Principal Balance $114,743.18 Interest 3,013.20 5/1/00 through 9/1/00 (Per Diem $24.30) Attorney's Fees 4,000.00 Cumulative Late Charges 129.54 10/24/94 to 9/1/00 Cost of Suit and Title Search 550.00 Subtotal $122,435.92 Escrow Credit 0.00 .... Deficit 291.43 Subtotal $291.43 TOTAL $122,727.35 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. Ifthe 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 exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. g1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $122,727.35, together with interest from 9/1/00 at the rate of $24.30 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. :r~~ /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff >-"~....,. "', - T ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM DATE: September 22, 2000 FORECLOSURE TO: P. Thomas Long 28 South 29th Street Camp Hill, PA 17011 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 HA VE 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific infonnation about the nature of the default is Droyided in the attached Dages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP\ mav be able to helD to save vour home. This Notice eXDlains how the orogram works. To see if HEMAP can helD. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with yOU when vou meet the Counseline: Ae:ency. The name. address and Dhone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If YOU haye anv ouestions. you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with iroDaired hearing can call (717\ 780- I 869\. This Notice contains important legal infonnation. If you haye any questions, representatiyes 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. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECT A SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFlCACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CVAL PUEDE SAL V AR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. EXH\B\T A. -'--'- , I I~ ~ -, . f~~JtJ First Union Mortgage Corporation Post Ollie. Box 900001 Raleigh, North Carolina 27675.soo1 1100 Corporate Center Drive Raleigh, North Carolina 27507-5066 MARY E LONG 28 S 29TH ST CAMPHILL,PA 17011 August 8, 2000 RE: FUMC Loan Number Property Address 0009731516 28 S 29TH ST CAMP HILL, PA 17011 Original Lender ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on vour home is in default and the lender intends to foreclose. Soecific information about the nature of the default is orovided in the attached Dages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) mav be able to helo to save your home. This Notice exnlains how the nroe:ram works. To see if HEMAP can helD. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet the Counseling Agencv. The name. address and ohone number of Consumer Credit Counseling Agencies serving vour Countv are listed at the end of this Notice. If vou have anv questions, vou mav call the Pennsvlvania Housing Finance Agencv toll free at 1-800-342-2397. (Persons with imoaired 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 , 1- ~ I ~~. - STATEMENTS OF POLICY HOMEOWNER'S NAME(S): P. Thomas Long PROPERTY ADDRESS: 28 S. 29th St.-Camp Hill, PA 17011 LOAN ACCT. NO.: 9731516 ORIGINAL LENDER: Meridian Bank CURRENT LENDERlSERVICER: First Union Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE 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 MAYBE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. . IF YOUR DEF AUL T HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PA Y 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 ofthis 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 APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEF AUL T" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-Ifvou meet with one of the consumer credit counseline aeencies listed at the end of this notice the lender mav NOT take action aeainst vou for thirtY (30) davs after the date of this meetine. The names. addresses and teleohone numbers of desi2l1ated consumer credit counseline aeencies for the county 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 immediate Iv of your intentions. APPLICA nON FOR MORTGAGE ASSISTANCE-Your mortgage is in a default for the reasons set forth later in this Notice (see following pages for specific infonnation about the nature of your default.) If you have tried and are llnable 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 TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-Available funds for emetgency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth EXH\B\T A ','''' ).. j'l - 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 PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If ou have filed bankru tc ou can still a I for Emer enc Mort a e Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Brim! it UD to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 28 S. 29th St.-Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: StartlEnd: 6/1/00 thru 9/1/00 at $1,035.71 per month. Monthly Payments Plus Late Charges Accrued $4,315.56 NSF: $0.00 Inspections: $0.00 Other: $0.00 (Suspense): $0.00 Total amount to cure default $4,315.56 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use ifnot aoolicable): N/A 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 $4,315.56, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either bv cash. cashier's check. certified check or monev order made oavable and sent to: FEDERMAN AND PHELAN, L.L.P., 2 Penn Center Plaza, Suite 900, Philadelphia, PA 19102, Attention: Payoff !Reinstatement Department. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not aoolicable.) N/A. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. Iffull payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose uoon vour mortgage orooertY. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were acllially incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe lender, which may also include other reasonable costs. Ifvou cure the default within the THIRTY (30) DAY oeriod. YOU will not be reauired to oay 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 DEF AUL T PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the right to cure the default and orevent the sale at anv time uo to one hour before the Sheriff's Sale. You mav do so by oaving the total amount then oast due. olus anv late or other charges then due. reasonable attornev's fees EXHIBIT A ^-"'!'>.~ ,. .,,' """" and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as soecified in writing bv the lender and bv oerforming any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriffs 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: FEDERMAN AND PHELAN, L.L.P. 2 Penn Center Plaza Suite 900 Philadelphia, PA 19102 Tel:(215) 563-7000 Attention: Payoff! Reinstatement Department EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs 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 Sheriffs 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 may or_X_may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF 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 DEF AUL THAD OCCURRED, IF YOU CURE THE DEF AUL T. (HOWEVER, YOU NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LA WSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED Very truly yours, FEDERMAN AND PHELAN, L.L.P. Cc: First Union Mortgage Corporation Attn: Kim Johnson Account No.: 9731516 Mailed by 1" Class mail/Certificate of Mailing and Certified Mail No: 7000 1670000078106467 EXHIBIT A . . ,~ I -'"," I r . PENNSYL VANIA HOUSING FINAi."ICE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) CLINTON COUNTY .: Lycoming.clinton Counties Commision for Community Action (STEP) 2lJ8 Lincoln Streel P.O. Box 1328 Williamsport, PA 17703 (570) 326-0587 FAX. (570) 322-2197 CCCS ofNoMe:lStern P A 201 Basin Street Williamsport, P A 17703 (570) 323-6627 FAX (570) 323-6626 31 W. Market Street POB 1127 Wilkes-Barre. P A 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 COLUMBIA COUNTY Commission on Economics OpportUnity ofLuzeme County 163 Amber Lane Wilkes-Barre. P A 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665-(Call Before Faxing) (570) ~55-1994 Hazeltown FAX (570) ~55.5631-(eall Before Faxing) (570) 836-1090 Tunkhannock Booker T. Washmgton Center 1720 Holland Center Erie, PA 16503 (814)453-5744 FAX (814) 5749 lohn F. Kennedv Center, Inc. 2021 East 201ll Street Erie. PA 16510 (8]~) 898-0400 FAX (81~) 898-1243 eecs of West em Pennsylvania, Inc. 2000 Linglestown Road Harrisburg. PA 11102 (717) 541-1757 Urban League ofMcttOpolimn Harrisburg N. 6\A Strect HlllTisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of tbe Capital Region 1514 Deny Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 CRAWFORD COUNTY CUMBERLAND COUNTY cecs of Northeastern P A 1631 Soud! Atherton St, Suite 100 Slate College. PA 16801 (814) 238-3668 FAX (814) 238-3669 1400 Abington Executive Pltrk Suite 1 Clarl,s Summit P A 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134-9135 Greater Erie Community Action Committee 18 West 9" Street Erie, PA 16501 (814) 459-1581 FAX (814) ~56-o161 Shenango Valley Urban League, Inc. 601 IndianaAvenue Farrell, PA 16121 (412) 981-5310 Financial Counseling Services of Franklin 31 West 3n1 Street ....: Waynesboro, PA 17268 (717) 762.3285 YWCA of Carlisle 301 "0" Street Carlisle. PA 17013 . (717) 243-3818 FAX (71'" 731-9589 Adams County Housing Authority 139-143 Carlisle St Gettysburg, P A 17325 (717) 334-1518 FAX 334-8326 PENNSYL VANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 , I . . EXHIBIT A . ~-- ."~ . ALL !BAT CER~IN piece or parcel of land situate in the Borough of Camp Hill. County of Cumberland and State of Pennsylvania. bounded and described in accordance with a survey and plan thereof, dated April 30. 1980, prepared by Roy M. H. Benjamin. Professional Engineer, as follows, to wit: BEGINNING at a point on the northwestern corner of the intersection of 29th Street and Chestnut Street, South eighty-seven (87) degrees fifty-eight (58) minutes fifty-seven (57) seconds West one hundred fifty-three and six tenths (153.6) feet to a point on the eastern line of Quarry Alley; thence along the eastern line of Quarry Alley, North thirteen (13) degrees thirty (30) minutes West eighty-five and four tenths (85.4) feet to a point; thence north seventy-six (76) degrees thirty (30) minutes East fifty-two and nine tenths (52.9) feet to a point; thence south sixty-nine (69) degrees fifty-eight (58) minutes fifty-six (56) seconds East twenty-one and ninety-five hundredths (21.95) feet to a point; thence North seventy-six (76) degrees thirty (30). minutes East seventy-eight and eight tenths (78.8) feet to a point on the Western line of 29th Street; thence along the western line of 29th Street, south thirteen (13) degrees thirty (30) minutes East one hundred three and seventy-five hundredths (103.75) feet to a point, the place of BEGINNING. HAVING THEREON erected a two story frame dwelling house 29th Street, Camp Hill, PA. known as No. 28;s8ttloh .~"ik:W;~\ ." ...~ii~~~.J11~.~: -Gi::"'\. ..~~"'''to+. !!~~'''. ~'~:ll\. -,Ji..~~~';;:'::i,,;~'~'."":~~Y ,. , h 1'" ~ -",,",,',~~~~, >',-,- .~ .--,- ',!-" - ~ VERIFICA nON JOHN SCHWEPPE hereby states that he is LEAD SPECIALIST of FIRST UNIION 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, information 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. di d~1 / . DATE: I I ~-".~ . > 0> >0> > 0>- '>>O>>O>"'>'>'>'~"'R"''''~o>'''''''nlri1(UT1li'''lII!m"tilfi""1f~Tr~''!ITirlil''O>'''''iliI' ~ ~? ........ c::,. r-- LN C::: ~ ,. f:t ~ ...... G oJ L,.....".~ . ~ N) , J (') .~ 1:1"::--1 n'l'~-. ??? f~] CO)'-' f$~~ ,,-l' p. -?C) '""'0 .l>r Z =< . (~) '-...._-_./ o Q -- ,~5 -,-,c: c} -"I '" ~ ~) a.. >"" t: , N -t> :.:;, r:? 1'0 .f,:"' ;j, -::~_'Jy ~:-:; C) ---,.....-,. ,::-'2o:;--T--i 6i:f :::;~! Si -< ~ w.{ ~~ ra;J~ , -~ r >>~ ~ cp: f L.,_" "': _ '!IIll~~~~-",.,-,jt, -,. "-~,",""",,~~~'l:nw~H">m~;~,~',-r-",~"!Ii'II".,ljW!,,!\f(,f;"1I:~'l"iI",,V""~"!'IWJf'!mi:;'!li'l>N'F'iW~:<"o"""1'~~mjfJ'~1,*1~~!f!'l 'f:~rik'-~tS,,"':-'i-;i;:i\' ,ti(.~k;c.\5',S:\;L,. FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff FIRST UNION NATIONAL BANK PLAINTIFF COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY No. 00-7783-CIVIL P. THOMAS LONG MARY E. LONG DEFENDANT PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification with respect to the Complaint filed in the instant matter. 4~~ FRANK FEDERMAN, ESQUIRE Attorney for plaintiff Date: November 14, 2000 , '"I - , 1".' I.. , ,..,,, I.. I , , ~" I, I ~" ""~.~ "-'};'0;",':f:S~ik'i1;X~~\.{lS~:::t:?~'~_ VERIFICATION JOHN SCHWEPPE hereby states that he is LEAD SPECIALIST of FIRST UNIION 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, information 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. & .l~~ fl DATE: 1\ - \ - t:O ,. '. ~- SHERIFF'S RETURN - REGULAR CASE NO: 2000-07783 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK ETC VS LONG P THOMAS ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LONG MARY E the DEFENDANT , at 0019:45 HOURS, on the 28th day of November, 2000 at 12 B RICHLAND LANE, APT 108 CAMP HILL, PA 17011 by handing to MARY E. LONG a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 r~ "~~:J R. Thomas Kline 11/30/2000 FEDERMAN & PHELAN me this - )) - day of Sworn and Subscribed to before By: ~".. ko J..tn;-1) A . D . q Q~ ~honotary J ~ --'_mm ~,_ ~'~~"I 1< ~~- , . ~ ._~- SHERIFF'S RETURN - NOT FOUND . CASE NO: 2000-07783 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK ETC VS LONG P THOMAS ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT LONG P THOMAS but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , LONG P THOMAS DEFENDANT IS DECEASED. Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 9.92 5.00 10.00 .00 42.92 ~~'Y/~ ~~ R. Thomas Klin Sheriff of Cumberland County FEDERMAN & PHELAN 11/30/2000 Sworn and subscribed to before me this J-. /6- day of !Lfe~ ~tnn) A.D. Q'i'l"C ~_I!~' Pr t onotary " -,,"=. ~ , I" " ~ ",,".,~ ~ FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 FIRST UNION NATIONAL BANK, S/BIM TO MERIDIAN BANK 1100 CORPORATE CENTER DRlVE RALEIGH, NC 27607 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. o-v - i1 C(? ~ v. CUMBERLAND COUNTY P. THOMAS LONG MARY E. LONG 28 SOUTH 29TH STREET CAMP HILL, PA 17011 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THlS 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 ONL Y 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 LA WYER 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. We hereby certify the within to be a true and correct copy of tile orig.in..1 filed of record FEDERMAN AND PHELAN CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 I TRtJE COPY FROM RECORD IJ TestImOny whereof, I here unto set my hanct and. seal or Cou at Car'IA'- Pa r .-.~ .. aZ ~. Loan #: 9731516 , I. 'I I "~ ~".~ > ~ ~~ --.. r 1. Plaintiff is FIRST UNION NATIONAL BANK, S/B/M TO MERIDIAN BANK 1100 CORPORATE CENTER DRNE RALEIGH, NC 27607 2. The name(s) and last known addressees) of the Defendant(s) are: P. THOMAS LONG MARY E. LONG 28 SOUTH 29TH STREET CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/24/94 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. 1240, Page 681. 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 6/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit" A." - '" _~."l!Ii'IIII!I!lIl -"",- y 6. The following amounts are due on the mortgage: Principal Balance Interest 5/1/00 through 9/1/00 (Per Diem $24.30) Attorney's Fees Cumulative Late Charges 10/24/94 to 9/1/00 Cost of Suit and Title Search Subtotal $114,743.18 3,013.20 4,000.00 129.54 550.00 $122,435.92 Escrow Credit Deficit Subtotal 0.00 291.43 $291.43 TOTAL $122,727.35 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 exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. ~1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in ill!1 Judgment against the Defendant(s) in the sum of $122,727.35, together with interest from 9/1/00 at the rate of $24.30 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. /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff . , 'd" t 1 --I , ACT 91 NOTICE TARE ACTION TO SAVE YOUR HO~ FROM DATE: September 22, 2000 FORECLOSURE TO: P. Thomas Long 28 South 29th Street Camp Hill, PA 17011 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 INFORMA TrON 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortllalle on vour home is in default and the lender intends to foreclose. SDecific information about the nature of the default is Drovided in the attached Dalles. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) mav be able to helD to save vour home. This Notice eXDlains how the Drollram works. To see if HEMAP can helD. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet the Counselinll A2:encv. The name. address and Dhone number of Consumer Credit Counselinll Allencies servinll vour County are listed at the end of this Notice. Ifvou have anv auestions. vou mav call the Pennsvlvania Housinll Finance Allencv toll free at 1-800-342-2397. (Persons with imDaired headnll 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. Yau may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORT ANCIA, PUES AFECT A SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE EST A NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYL VANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. EXH\B\T A I--~ I ~.~ -"." 7.' 11I51 "UlJ\ON MARY E LONG 28 S 29TH ST CAMP HILL, PA 17011 August 8, 2000 - --~ ~-~."----,, First Union Mortgage Corporation Post omce Box 900001 Raleigh, North Carollna 2767S.stlO1 1100 Corporate Center Drive Raleigh, North Carolina 27607-6066 RE: FUMC Loan Number Property Address 0009731516 28 S 29TH ST CAMP HILL, PA 17011 Original Lender ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE !!Jis is an official notice that the mort~a~e on vour home is in default and the lender intends to foreclose. Specific information about the nature of the default is orovided in the attached oa~es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) mav be able to helD to save :tQUT home. This Notice exolains how the orogram works. TQ see if HEMAP can helD. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet the Counselin~ A~encv. !!Je name. address and ohooe number of Consumer Credit Counselin~ A~encies servin~ vour Countv are listed at the end of this Notice. If vou have anv ouestions. vou mav call the Pennsvlvania Housin~ Finance A~encv toll free at 1-800-342-2397. (Persons with imoaired 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 ,~~ STATE~IENTS OF POLICY HOMEOWNER'S NAME(S): P. Thomas Long PROPERTY ADDRESS: 28 S. 29th St.-Camp Hill, PA 17011 LOAN ACCT. NO.: 9731516 ORIGINAL LENDER: Meridian Bank CURRENT LENDER'SERVICER: First Union 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 MAYBE 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 PENNSYL VANIA 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 APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEF AUL T' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-Ifvou meet with one of the consumer credit counseling agencies listed at the end of this notice the lender mav NOT take action against VOll for thirtY (30) davs after the date of this meeting. The names. addresses and teleohone numbers of designated consumer credit counseling agencies for the county 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 immediate Iv of your intentions. 'O'~ APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a 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 ~nable 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 TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth EXHIBIT A '>) " - ~ , .. ~~~~ , \'. - ^ 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 PURPOSE ONL Y AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If au have filed bankru tcv au can still a I for Emer encv Mort a e Assistance. HOW TO CURE YOUR MORTGAGE DEF AUL T (Brine it uo to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 28 S. 29th St.-Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHL Y MORTGAGE PAYMENTS for the following months and the following amounts are now past due: StartlEnd: 6/1100 thru 9/1100 at $1,035.71 per month. Monthly Payments Plus Late Charges Accrued 54.315.56 NSF: $0.00 Inspections: $0.00 Other: $0.00 (Suspense): 50.00 Total amount to cure default $4,315.56 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use ifnot aoolicable): N/A 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 54,J15.56, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either bv cash. cashier's check. certified check or monev order made oavable and sent to: FEDERMAN AND PHELAN, L.L.P., 2 Penn Center Plaza, Suite 900, Philadelphia, PA 19102, Attention: Payofr /Reinstatement Department. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use ifnot aoolicable.) N/A. 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 riehts to accelerate the morteaee 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. Iffull payment of the total amount past due is not made within THIRTY (30) DA YS, the lender also intends to instruct its attorney to start legal action to foreclose unon vour mortgage orooertY. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, iflegal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed 550.00. Any anorney's fees will be added to the amount you owe lender, which may also include other reasonable costs. Ifvou cure the default within the THIRTY (30) DAY oeriod. you will not be required to oav 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, vou still have the rieht to cure the default and orevent the sale at any time uo to one hour before the Sheriff's Sale. You may do so bv oavine the total amount then oast due. olus any late or other charges then due reasonable attorney's fees EXHIBIT A -. , and costs connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as soecified in writin2. by the lender and bv oerfonnin2: anY' other reauirements under the mort2.ae:e. 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 date that such a Sheriff's Sale of the mortgage 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: FEDERl\1AN AND PHELAN, L.L.P, 2 Penn Center Plaza Suite 900 Philadelphia. PA 19102 Tel:(215) 563-7000 Attention: PayoffJ Reinstatement Department 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 may or_X_may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that alIthe outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TOPA Y 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 DEF AUL THAD OCCURRED, IF YOU CURE THE DEF AUL T. (HOWEVER, YOU NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED Very truly yours, FEDERJvlAN AND PHELAN, L.L.P. Cc: First Union Mortgage Corporation Attn: Kim Johnson Account No.: 9731516 Mailed by 1" Class mail/Certificate of Mailing and Certified Mail No: 7000 1670 0000 7810 6467 EXHIBIT A ..~ -"_? 'I' " I' , ~ ~ ! PENNSYLVAl'llA HOUSING FINAl 'ICE AGENCY HOMEOWNER'S El"ERGENCY ASSIST Al'lCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) .: CLINTON COUNTY Lycoming-Clinton Counties Commision for Community Action (STEP) 2138 Lincoln Street P.O. Box 1328 Williamspon. PAl 7703 (570) 326-0587 FAX (570) 322-2197 CCCS of:-lortbeastern P A 1631 South AthCfUln St. Suite 100 SweCollege, PA 16801 (814) 238-3668 FAX (814) 238-3669 CCCS of~orthe:lSrem P A 201 Basin Sueet Williamsport. P A 17103 (570) 323-6627 FAX (570) 323-6626 31 W. Market Street PCB 1127 Wilkcs.Barre. P A 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 COLUMBIA COUNTY 1400 Abington Executive P:uk Suite 1 Clarks Summit PA 18411 (570) 587-9163 or (800) 922-9537 FA.;': (570) 587-9134-9135 Commission on Economics OpportUnity ofLuzcme County 163 Amber Lane Wilkes-Barre. P A 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665-(Call Before Faxing) (570) 455-4994 Hazeltown FAX (570) 45 5-5631-(Call Before Faxing) (570) 836-4090 Tunkhannock Booker T. Washington Center 1720 Holllllld Center Erie, PA 16503 (814)453-574-1 FAX (814) 5749 CRAWFORD COUNTY Greater Erie Community Action Committee 18 West 9" S_, Erie, PA 1650l (814) 459-4581 FAX (814)456-0161 John F. Kennedv Center. fnc. 2021 E3St ~Om Street Erie. PA 16510 (814) 898-0400 FAX (814) 898-1243 Shenango Valley Urbllll League, Inc. 601 tndianaAvenue Famll, PA 16121 (412)981-5310 .....':'" cces of West em Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) ;41-1757 CUMBERLAND COL~ Financial Counseling Services ofFrankJin 31West3"Stree,': Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitnn Harrisburg N. 6111 Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 YWCA of Ciltlisle 301"G" S_, Ciltlisle, PA 17013 . (717) 243-3818 FAX (71" 731-9589 Community Action Comm of the Capital Region lSl4 Derry Street Harrisburg. PA 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St GettySburg, PA 17325 (717) 334-1518 FAX 334-8326 PE;';NSYL VANIA BULLETIN, VOL Z9, NO. 23, JUNE 5. 1999 EXHIBIT A ~ ALL IRA! CERIAIN piece or parcel of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, bounded and described in accordance with a survey and plan thereof, dated April 30. 1980, prepared by Roy M. 8. Benjamin, Professional Engineer, as follows, to wit: BEGINNING at a point on the northwestern corner of the intersection of 29th Street and Chestnut Street, South eighty-seven (87) degrees fifty-eight (58) minutes fifty-seven (57) seconds West one hundred fifty-three and six tenths (153.6) feet to a point on the eastern line of Quarry Alley; thence along the eastern line of Quarry Alley, North thirteen (13) degrees thirty (30) minutes West eighty-five and four tenths (85.4) feet to a point; thence north seventy-six (76) degrees thirty (30) minutes East fifty-two and nine tenths (52.9) feet to a point; thence south sixty-nine (69) degrees fifty-eight (58) minutes fifty-six (56) seconds East twenty-one and ninety-five hundredths (21.95) feet to a point; thence North seventy-six (76) degrees thirty (30)' minutes East seventy-eight and eight tenths (78.8) feet to a point on the Western line of 29th Street; thence along the western line of 29th Street, south thirteen (13) degrees thirty (30) minutes East one hundred three and seventy-five hundredths (103.75) feet to a point, the place of BEGINNING. HAVING THEREON erected a two story frame dwelling house 29th Street, Camp Hill, PA. known as No. ~~.S.~tb ".~~1::~\ ;#J~t.r."""",,-~. "",,- " '".:.;,e."'....... .- ~a.'" J,. ~ . ~"'_~~_'O;, ~.:s'_ ..... ~ ~."'.."..~~<. . ..~ ~;,T:,~ ,.~!$-:;:.......~,.....';~.....:~jjj.ip' 1~;i~~ ,"-," _~..J1:;t'\ .. ':~)'" . "~I , , I ;:f"':;.i?r .l:/" VERIFICATION JOHN SCHWEPPE hereby states that he is LEAD SPECIALIST of FIRST UNIION 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, information 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. d ~//, / . DATE: ~.~ -')"o'"'""'!!l. ~ I 1-' ~ ; fJ~,jj~1ii:~I~__~Imff;!;l!WilL"""t"""ii'l>'~iJ"il<LIJ.",,'J,,M,~b';,"'-<;'.ll:o'MlIl'M(!l'-.,4.~~l/llWiIlIii~1iiJ; lIlJ!fJjil,'~-l "V-~'= "" 0" ~~--~-"''II~i\III~~ ;i,ll' "~ ~/~ ~:,;$~;]! '--'~~ .-.;;A,.,.s' .~ ,y :1 "iW"",~I,JJ'Mjl~MII!t!1 rUIlLjjJlJIUOOI~".".".~I~L.",. . "",,~~ ". . I'""" , "::v.:\ ~,:/C1 [n.nl e.= C!eJ ~ CFiiii ~1?L~) , -iI'""",""" .. FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215)563-7000 Attorney for Plaintiff FIRST UNION NATIONAL BANK, S/B/M TO MEREDIAN BANK Plaintiff vs. P.THOMAS LONG MARY E. LONG Defendants COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County No.00-7783-CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: February 9, 2001 1- ~ ~ ~ I" ~. n, " ~~ F K FEDERMAN, ESQUIRE Attorney for Plaintiff ~, INRE: UNITED STATES BANKRUPTCY COURT FOR Me (c; J J <j THE MIDDLE DISTRICT OF PENNSYL VANIA Ci 0 6 9 J J IS I b Mary Long Chapter No. 7 ~ ~ r J'\1 Y\A ~ * d- Debtor(s) Bankruptcy No.'o1f-04950 RJW . c9 First Union National Bank, S/BIM to Meridian Bank . Movant FILED Harrisbu~g R^ TIME ' " =-AM'-RM. v. 'JAM 2 2 2001 Mary Long Per Respondant (s) ORDER AND NOW, this ;.. ~ day of .:J O-Jl UlC.u.( nkrUPtcy Court Deputy Clerk ,2001, upon consideration of the Motion for Relief and Motion for Default of Movant, First Union National Bank, S/B/M to Meridian Bank, it is hereby ORDERED that the Order for Relief be entered by default with respect to premises at 28 South 29th Street, Camp Hill, P A 17011, to allow the Movant to foreclose on its rnortgage, which mortgage was recorded in Cumberland County, in Mortgage Book 1240, Page 681, to allow the Movant to foreclose on its mortgage, and allow the purchase of said premises at Sheriff s sale (or purchaser's assignee) to take any legal action for enforcement of its right to possession of said premises. By the Court: 1st Roberl J. Woodside Robert J. Woodside, Bankruptcy Judge cc: Judith T. Romano, Esquire One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 Joseph J. Dixon, Esquire 126 State Street Harrisburg, P A 17101 Markian R. Slobodian, Esquire (Trustee) 801 N. Second Street, P.O. Box 11967 Harrisburg, PA 17108-1967 Mary Long Longmeadow Apts. 12 B RicWand Lane, Apt. 108 Camp Hill, PA 17011 ''''''' -",'-"" """."., ~'I , / - ~~n~'_=_ __,~. " .__IIJ!!1l!I!!'IRI~~~~- 'ft.J < ~ " ,-""'~~~.._, -.~.-,.,- ,~" .." ~ ' - o c ~;: -r1CC, S:~_ ~r -;-," .-- ~2S j;:(~ z~ --"C.i )>c: Z -' -< ~'~-: .;' . o ~~ .." 1'Tl t...'D -,_.,-, 1"-' 1~ ~5~~ ::;:; ",-> ~ -0 r- .=:> (..J ~~"""Pf"--;,,,,,,,,x"''''.+n'''''!''\;-)~''''_''Fff',"o.1l!C'','rli'''''''''''I~!lfj11@!8ffi:!@~-'ml:~llIfU'"~~~r~~"'If'lJWi~~ SHERIFF'S RETURN - NOT FOUND ," CASE NO: 2000-07783 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK ETC VS LONG P THOMAS ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT LONG P THOMAS but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE REINSTATED , NOT FOUND , as to the within named DEFENDANT , LONG P THOMAS DEFENDANT IS DECEASED Sheriff's Costs: Docketing Not Found Return Affidavit Surcharge 6.00 5.00 .00 10.00 .00 21.00 S~?~~ R. homas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 02/28/2001 Sworn and subscribed to before me this ~,.,.....L day of ~j J.(nt1) A.D. gft'o Q ~ ~I; Pr onotary , ",',C--,.'''''_ ~ , "~ SHERIFF'S RETURN - REGULAR CASE NO: 2000~07783 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST UNION NATIONAL BANK ETC VS LONG P THOMAS ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LONG MARY E the DEFENDANT at 0017:41 HOURS, on the 26th day of February 2001 at 12 B RICHLAND LANE # 108 CAMP HILL, PA 17011 by handing to MARY LONG a true and attested copy of COMPLAINT - MORT FORE together with REINSTATED and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.30 .00 10.00 .00 37.30 ;;;2:~~~~ R. Thomas Kline 02/28/2001 FEDERMAN & Sworn and Subscribed to before By: "- me this .2~ day of ~ ..,,/ A.D. . _ a /11.,;,,;<../ ~thonotary ,~ C-''''~l''' " ~ J" '. FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUnu= IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHlLADELPHIA, PA 19102 (215) 563-7000 FIRST UNION NATIONAL BANK, S/BIM TO MERIDIAN BANK 1100 CORPORATE CENTER DRIVE RALEIGH, NC 27607 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVlL DIVISION TERM Plaintiff NO. 0-0 - 7 7 t 3 ~ v. Defendant( s) CUMBERLAND COUNTY (") ~ -OF"' m~" 2:' -".::C &s.::: I -<-2 f\.} f=:o ~(") ~ 5>0 ~ ; Cl Cl .::e C) "" .~ '-_.I "-;'1 P. THOMAS LONG MARY E. LONG 28 SOUTH 29TH STREET CAMP HILL, PA l70ll -:--1 CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "' --; r11 ..~ :2(; ?j11 -;:;;..(...... om ';;! :0 -< **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. W,e ':tereny certify the wlthm to be a true and c~rr.ect copy ofthe or/gma! filed of record FEDERMAN AND PHELAN CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 FEDERMAN AND PHELAN ATTORNEY FILE COPY PLEASE RETURN Loan#:9731516 TRUE COPY FROM RECORD tIlT_m,~ -<l{)f,lbereuntoUtmyllllnd . tile $liIii4 -.>C _'<lid ClM'Ut Call1sIe.Pa. ~ ~~d~p~~~ ;~ .- .1 t~ 'I WH ""-;".. -. . FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 FIRST UNION NATIONAL BANK, S/B/M TO MERIDIAN BANK 11 00 CORPORATE CENTER DRlVE RALEIGH, NC 27607 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff v. NO. CUMBERLAND COUNTY P. THOMAS LONG MARY E. LONG 28 SOUTH 29TH STREET CAMP HILL, PA 17011 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. W.e~e~eby certify the WIthin 10 be a true and c~rr~ct copy of the o~'~mal filed of record Ft::l.iEHMAN AND PHELAN CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 9731516 .,".j" ~~ p '. " 1. Plaintiff is FIRST UNION NATIONAL BANK, S/B/M TO MERIDIAN BANK 1100 CORPORATE CENTER DRIVE RALEIGH, NC 27607 2. The name(s) and last known addressees) of the Defendant(s) are: P. THOMAS LONG MARY E. LONG 28 SOUTH 29TH STREET CAMP HILL, P A 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/24/94 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. 1240, Page 681. 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 6/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance ~d all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." _0, ,~" -7'!-~ ''C '-I '. . 6. The following amounts are due on the mortgage: Principal Balance Interest 5/1/00 through 9/1/00 (Per Diem $24.30) Attorney's Fees Cumulative Late Charges 10/24/94 to 9/1/00 Cost of Suit and Title Search Subtotal $114,743.18 3,013.20 4,000.00 129.54 550.00 $122,435.92 Escrow Credit Deficit Subtotal 0.00 291.43 $291.43 TOTAL $122,727.35 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 exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. ~1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $122,727.35, together with interest from 9/1/00 at the rate of $24.30 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. /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff I'" < ,.. ~- '. ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM DATE: September 22,2000 FORECLOSURE TO: P. Thomas Long 28 South 29th Street Camp Hill, PA 17011 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 A TIEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortaaae on vour home is in default and the lender intends to foreclose. Soecific infonnation about the nature of the default is orovided in the attached oaaes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) mav be able to helD to save vour home. This Notice exolains how the oroaram works. To see ifHEMAP can helD. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet the Counselimz AS!encv. The name. address and ohone number of Consumer Credit Counselina Aaencies servina vour County are listed at the end of this Notice. Ifvou have anv auestions. vou mav call the Pennsvlvania Housina Finance Aaencv toll free at 1-800-342-2397. (Persons with imoaired hearina can call (717) 780-1869). This Notice contains important legal infonnation. 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. LA NOTIFICAC10N 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 PREST AMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA FERDIDA DEL DERECHO A REDlMAR SU IDPOTECA. E.XH\B\T A " ~ . . "',,.,f! ,-,",-;: '. flff~JN First Union Mortgage Corporation Post Olllee Box 900001 Raleigh, North Carolina 27675.goo1 1100 Corporate Center Drive Raleigh, North Carolina 27507-6066 MARY E LONG 28 S 29TH ST CAMP HILL, PA 17011 August 8, 2000 RE: FUMC Loan Number Property Address 0009731516 28 S 29TH ST CAMP HILL, P A 17011 Original Lender ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the morteaee on your home is in default and the lender intends to foreclose. Soecific information about the nature of the default is orovided in the attached oaees. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP\ may be able to helD to save your home. This Notice exolains how the orol!fam works. To see if HEMAP can helD. YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF TillS NOTICE. Take this Notice with YOU when YOU meet the Counseline Aeencv. The name. address and ohone number of Consumer Credit Counseline Aeencies servine your County are listed at the end of this Notice. If YOU have any ouestions. YOU may call the Pennsvlvania Housine Finance Aeencv toll free at 1-800-342-2397. (Persons with imoaired hearine 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 m ~ . , ..-'~ "'" , c~ '. STATE:I<IENTS OF POLlCY HOMEOWNER'S NAME(S): P. Thomas Long PROPERTY ADDRESS: 28 S. 29th St.-Camp Hill, PA 17011 LOAN ACCT. NO.: 9731516 ORIGINAL LENDER: Meridian Bank CURRENT LENDERiSERVICER: First Union Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE 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 MAYBE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. . [F YOUR DEF AUL T 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 PENNSYL VANIA 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 APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAClE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEF AUL TOO EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-Ifvou meet with one of the consumer credit counselin2 a2encies listed at the end of this notice the lender mav NOT take action a2ainst vou for thirtv (30) davs after the date of this meeting. The names. addresses and teleohone numbers of desimated consumer credit counselin2 agencies for the county 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 immediate Iv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a 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 ~nable 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 TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MA Y PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth EXH\B\T A I" - I" , " ..--~ , , " 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 PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If ou have filed bankru tcv ou can still a I for Emer encv Mort a e Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 28 S. 29th St.-Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: StartlEnd: 6/1/00 thru 9/1/00 at $1,035.71 per month. Monthly Payments Plus Late Charges Accrued S4,315.56 NSF: SO.OO Inspections: SO.OO Other: SO.OO (Suspense): SO.OO Total amount to cure default $4,315.56 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use ifnot aoolicable): N/A 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 $4,315.56. 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: FEDERMAN AND PHELAN, L.L.P., 2 Penn Center Plaza, Suite 900, Philadelphia, PA 19102, Attention: Payoff /Reinstatement Department, You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use ;fnot aoolicable.) N/A. IF YOU DO NOT CURE THE DEFAUL T-Ifyou do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. Iffull payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose uoon your mortgage orooertV. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to S50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed S50.00. Any attorney's fees will be added to the amount you owe lender, which may also include other reasonable costs. Ifvou cure the default within the THIRTY (30) DAY Deriod. vou will not be reauired to oav 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, vou still have the right to cure the default and orevent the sale at any time uo to one hour before the Sheriff's Sale. You may do so bv oaving the total amount then oast due. olus any late or other charges then due. reasonable attorney's fees EXHIBIT A ,.~ ~ '" ~~ '. and costs connected with the foreclosure sale and anv other costs connected with the Sheriffs Sale as soecified in writ!"!! by the lender and bv oerfonnine any other reauirements under the rnorteaEe. 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 date that such a Sheriffs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriffs 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 lind out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: FEDERMAN AND PHELAN, L.L.P. 2 Penn Center Plaza Suite 900 Philadelphia, PA 19102 Tel:(215) 563-7000 Attention: Payoff! Reinstatement Department EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs 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 Sheriffs 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 may or_X_may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satislied. YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBT AfN MONEY TO f'A Y OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDfNG fNSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTfNGON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL THAD OCCURRED, IF YOU CURE THE DEF AUL T. (HOWEVER, YOU NOT HAVE THIS RIGHT TO CURE YOUR DEF AUL T MORE THAN THREE TIMES fN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT fN ANY FORECLOSURE PROCEEDfNG OR ANY OTHER LAWSUIT fNSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELfNG AGENCIES SERVfNG YOUR COUNTY IS ATTACHED Very truly yours, FEDERMAN AND PHELAN, L.L.P. Cc: First Union Mortgage Corporation Attn: Kim Johnson Account No.: 9731516 Mailed by I" Class mail/Certificate of Mailing and Certified Mail No: 7000 1670 0000 7810 6467 EXHIBIT A ". PE:-INSYLVANIA HOUSING FINAl'lCE AGE:>1CY HOMEOWNER'S E..mRGENCY ASSISTAl'lCE PROGRA.M CONSUMER CREDIT COUNSELING AGE:>1CIES (REV. 8/00) CLINTON COUNTY .;- Lycoming-Climon Counties Commision for Community Action (STEP) 2138 Lincoln Street P.O. Box 1328 Williamspon. PA 17703 (570) 326-0587 FAX (570) 322-2197 CCCS of~orthc:1Stem PA 201 Basin Street Williamspon. P A 17703 (570)323-6627 FA-X (570)323-6626 COLUMBIA COUNTY 31 W. Market Stt=t PCB l!27 Wilkes-Barre. PA 18i02 (570) 821-0837 or (800) 922.9537 FAX (570) 821.1785 Commission on Economics Oppommity ofLuzerne County 163 Amber lane Wilkes-Barre, PA !8702 (570) 826-0510 or (800) 822-0359 FA-X (570) 829-1665-(Call Before Faxing) (570)455-4994 Haze1town FAX (570) ~55.5631-(Call Before Faxing) (570)836-4090 Tunkhannock CRAWFORD COlJ1l/TY Booker T. Washington Center 1720 Holland C(:nter Erie, PA 16503 (81~) ~53-5744 FA-X (814) 57~9 John F. Kennedv Center. Inc. 2021 East 1044 Street Erie, PA 16510 (81~) 898-0400 FAX (81~) 898-1243 CUMBERL.\ND COUNTY CCCS of West em Pennsylvania, Inc. 2000 LingJestown Road Harrisburg, PA 17102 (717) ;41-1757 Urban League ofMctrOpoliWl Harrisburg N. 6t11 Street H:urisburg. PA l7tol (717) 23~-5925 FA-X (717) 23~-9459 Community Action Comm oithe Capital Region 1514 Derry S<rect Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 PENNSYL VANIA BULLETIN. VOL. 29, NO, 23, JUNE 5, 1999 ., ~-I' , ' I CCCS oOlortheastem P A 1631 South Atherton St, Suite 100 Slate College, PA 16801 (81~) 238-3668 FAX (814) 238-3669 1400 Abington Executive P:1tk. Suite 1 Clarks Summit P A 18~ II (570) 587-9163 or (800) 922.9537 FA-X (570) 587-9134-9135 Greater Erie Community Attion Committee 18 West 9. Street Erie, PA 16501 (814) 459-4581 FAX (814) ~56-O161 Shenango Valley Urban League, Inc. 601 IndianaAvenue Farrell, PA 16121 (412)981-5310 Financial Counseling Services of Franklin 31 West 3" S<reet ..: Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 "G" Street Carlisle, PA 17013 . (717) 243.3818 FA,"{ (71~ 731-9589 Adams County Housing Authority 139-143 Carlisle St GettySburg, PA 17325 (717)334-1518 FAX334-3326 EXHIBIT A -, , - ~ ALL THAT CERZAIN piece or parcel of land situate in the Borough of Camp Rill. County of Cumberland and State of Pennsylvania, bounded and described in accordance with a survey and plan thereof, dated April 30, 1980, prepared by Roy M. H. Benjamin. Professional Engineer, as follows, to wit: BEGINNING at a point on the northwestern corner of the intersection of 29th Street and Chestnut Street, South eighty-seven (87) degrees fifty-eight (58) minutes fifty-seven (57) seconds West one hundred fifty-three and six tenths (153.6) feet to a point on the eastern line of Quarry Alley; thence along the eastern line of Quarry Alley, North thirteen (13) degrees thirty (30) minutes West eighty-five and four tenths (85.4) feet to a point; thence north seventy-six (76) degrees thirty (30) minutes East fifty-two and nine tenths (52.9) feet to a point; thence south sixty-nine (69) degrees fifty-eight (58) minutes fifty-six (56) seconds East twenty-one and ninety-five hundredths (21.95) feet to a point; thence North seventy-six (76) degrees thirty (30). minutes East seventy-eight and eight tenths (78.8) feet to a point on the Western line of 29th Street; thence along the western line of 29th Street, south thirteen (13) degrees thirty (30) minutes East one hundred three and seventy-five hundredths (103.75) feet to a point, the place of BEGINNING. RAVING THEREON erected a two story frame dwelling house 29th Street, Camp Hill, PA. k N 28 ,,!t>. nown as o. ",,,.SOtl'th ..<'...J!r;i~\ ..... ~~~.::ic:f"~~~~. .....:\. ....~.. :t.....~~":'... ~:....~ ." ~.....~...."1!\. ~..~ -~~:~.:""'......"."',,,,'~:ili.fiP ~JP:;...~':f;f.. ;:". _~-!J.' . ~ iT . ,- , -'-I' , I" .. ,1<'" " .... VERIFICATION JOHN SCHWEPPE hereby states that he is LEAD SPECIALIST of FIRST UNIION MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this maner, 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, information 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. ;Ii .d/f/; DATE: '. I':, ,11 ,~ I I' I 'u-" ~~li.lJlk~'W1lb~;[\f4T<"/,jl;ilP}-~~~~ l ]-- ~~ ~~ A. d~ . ~ ~ ~ '''''''''''':\Il.l~~~Jt~''"-''''''.''1''- .,.I;i(';,,'jJlJ$:1".l1l!JfL~ <,,""'c. ,~__, ~.~ 0 _, _,~.~ .~" .^_~_'~ 'V l.YOC: :~.~~,""-",,....<tf -,.,- - "~ OFFICE: OF r .. CUMB[RLA';:~ (~HEf1IFF/ LJ v OUNT'( FES 13 3 59 fH 'a/ f~ '}"'L vl-~ '\ I c' 1 f. PENN"' YL" '-I: i " VANIA .... I T"'" ,.,. ~c. Ii.!' <"00,;; ~ ~ ~ l\! ~~I r "\. FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FIRST UNION NATIONAL BANK, S/B/M TO MERIDIAN BANK Attorney For Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff NO.00-7783-CIVIL v. CUMBERLAND COUNTY P. THOMAS LONG MARY E. LONG Defendants SUGGESTION OF DEATH RE: DEFENDANT P. THOMAS LONG AND RELEASE OF DEFENDANT'S LIABILITY COMMONWEALTH OF PENNSYL VANIA: FRANCIS S. HALLINAN, ESQUIRE, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief, the Defendant, P. THOMAS LONG is deceased, and hereby releases P. THOMAS LONG, date of death: OS/26/00. As the property was owned by Defendants as tenants by the entireties, upon PAUL'S death, co-defendant, MARY E. LONG became sole owner of the mortgaged premises. FEDERMAN AND PHELAN By: ~/ Ji;a Dated: :;/tr;-/o/ , Francis S. Hallinan, Esquire Attorney for Plaintiff ..,~",,-,~,., " r ,. rut .,,, ''''''''._iY FEDERMAN AND PHELAN BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, P A 19103 (215) 563-7000 FIRST UNION NATIONAL BANK, S/B/M TO MERIDIAN BANK Plaintiff v. P. THOMAS LONG MARY E. LONG Defendants CERTIFICATE OF SERVICE Attorney For Plaintiff COURT OF COMMON PLEAS CNIL DNISION NO.00-7783-CNIL CUMBERLAND COUNTY I hereby certify that a true and correct copy of Suggestion of Death Re: P. THOMAS LONG and Release of Defendant's Liability thereof was sent via first class mail to the following on the date listed below: MARY E. LONG 28 SOUTH 29TH STREET CAMP HILL, P A 17011 ~;}gl Francis S. Hallinan, Esquire Attorney for Plaintiff Dated: .2)S-/cYJ I ". , ( 1 Iiil "-,,", _,,~~J~m!'b.,.._ 0' _~, "'''''''''<'~ -'c')' ->.-""" -~-i'fl3je::k." ;'>1i1YW'-~'-~ :-'~~i1I.;~'-'-n~Pf~';;1'{f,"tf~'''~1tnji!4if "-"F:1.:~~ T 0 0 0 C -n ~ '31: ~', -UOJ :>~~ .;:'~ r1'lrT1 ;>.J z:n 1') ~s.:: . ,-\'--~ 0 . ).~? 0<.<.. ,<C ~ ;'lrE: ~o -c} S? )>c -> ~ :.N ~ l,.; Wj!!l~_~"""'"_'""':\'"''''*''''~'F''''' -'-j''''_'J'!'lm~_'W!:_~~-'''''~'-''''ia~l~.$ifl'_''n_~'H~" - . -';"-_,j , _11;';"":1",""'-" 'P,%"~q"!'-"""'~''''';'''''>"H''. -- ___c~"I" '.-;~'Fr!:;;;fl,~~!!; r' FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 FIRST UNION NATIONAL BANK, S/B/M TO MERIDIAN BANK 1100 CORPORATE CENTER DRIVE RALEIGH, NC 27607 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. P. THOMAS LONG MARY E. LONG LONGMEADOW APARTMENTS, 12 B RlCHLAND LANE, APARTMENT 108 CAMP HILL, PA 17011 : NO. 00-7783-CIVlL Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against MARY E. LONG, Defendant(s), for failure to file an Answer to Plaintiffs Cornplaint 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 9/1100 TO 4/4/01 TOTAL $122,727.35 $5,248.80 $127,976.15 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. -9-~d--~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ;i,r( I fo d-00/ C..u~ 12 c1~1:::- N.A :y.:. PRO PROTIB' u-- '*TIllS FmM 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 Tms DEBT WAS NOT REAFFmMED, 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. '* l1iII " c C :::-'"" -c.jt~.: mr-.- ~l~" ~~_: )>c :z:, !,k. C) -< fllllnillHLT"1 TT"'1rn,; ~ n .::-;~ ","",!\'II ;:;8 .c,~ I co, _.~ 7't.~" c~_:) -;~~ :r, -< C,.,,) co ,jft!I~~~<rrn~"'~~~_ ~=.,-,-,<Ifl!'):Il!Ili!~~mi-l~f":if."v-Il'\'7'1fI'!'!!'I!'%'f;';r~1~!'''+'''';II''F''"'_')''''''lSfflfY!'~~~1'J!ffll"''''~''''''''''''1fOW-~I'I;m~p<<;'I' r- FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 ATTORNEY FOR PLAINTIFF One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 FIRST UNION NATIONAL BANK, SIB/M TO MERIDIAN BANK : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff vs. P. THOMAS LONG MARY E. LONG : CUMBERLAND COUNTY : NO. 00-7783-CIVIL Defendant TO: MARY E. LONG LONGMEADOW APARTMENTS, 12B R1CHLAND LANE, APT. 108 CAMP HILL, P A 17011 DATE OF NOTICE: M A RCM 20, 2001 i i THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTTCF, You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment rnay be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff , . ~ I I"" r INRE: UNITED STATES BANKRUPTCY COURT FOR Me (<: J) c; THE MIDDLE DISTRICT OF PENNSYLVANIA 60 6 9) J is I b Mary Long Chapter No. 7 ~ ~ 1 f\1 M iJ ~ ,J- Debtor(s) Bankruptcy No.'rilf-049S0 RJW c9 First Union National Bank, SIB/M to Meridian Bank Movant FIl.ED Harrisbu~g Po' rIME . " ~A.M.-P.M. v. 'JAN 2 2 2001 Mary Long Per nkmptcy COUrt Dep~ Cleric; Respondant (s) AND NOW, this J ~ ORDER day of .j" OJ] wvtJ..l ,2001, upon consideration of the Motion for Relief and Motion for Default of Movant, First Union National Bank, S/B/M to Meridian Bank, it is hereby ORDERED that the Order for Relief be entered by default with respect to premises at 28 South 29th Street, Camp Hill, P A 170 II, to allow the Movant to foreclose on its mortgage, which mortgage was recorded in Cumberland County, in Mortgage Book 1240, Page 681, to allow the Movant to foreclose on its mortgage, and allow the purchase of said premises at Sheriff s sale (or purchaser's assignee) to take any legal action for enforcement of its right to possession of said premises. By the Court: Is/ Robert J. Woollsille Robert J. Woodside, Bankruptcy Judge cc: Judith T. Romano, Esquire One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 Joseph J. Dixon, Esquire 126 State Street Harrisburg, PA 17101 Markian R. Slobodian, Esquire (Trustee) 801 N. Second Street, P.O. Box 11967 Harrisburg, P A 17108- 1 967 Mary Long Longmeadow Apts. 12 B Richland Lane, Apt. 108 Camp Hill, PA 17011 _ ~,-, 1_ ~'"""""I -~ r ' _ 1 ,. I r ':1 ~~' ~, , ~(, r This'is to certify rhat rhe information hert' given is correctly Local RL'gisrrar. The original certificate will be forwarded [() copied frUll1 ,In urininal ccrtitlclte of de;1th clulv filed with me as the St~HC Viral RLc~rds aftlce for permanent tliing. '-Jt ?tt;?B. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for rhi.~ cerrificul.., 52.no P 6647938 No. ~ d't~~\~ Of p~~;..,," "''''\.''~r4'''' .1\~~.~ ~J'.i"t\ 't'iijD/..... . <",\\ !f~'_ '.~ -,?~\ ,~~.. "" ~:::\ !~, . _:r..~'. h~1 I:::. t-' ,. 'j .. . ~ \,..... ~"~"f/' \\ a,~-' , . <",/ "rA .,~"V .' ~ ~ ~~T'/ ~-"";!!AfEN\ \\\~II'II~ ....."'iI/nllll}1 ~~ ~ 7?(~~~r Locd RegIstrar ..y 2 ~ ,000 Dare' J"'t I.I! IJ'.>. r t {' ... , (,~!th, . " I "" COMMONWEALTH OF PENNSYLVANIA. OEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH ST.o'IIF.tfllUMilfR SOCIAt SECURITY NUloIBER DAlEOFOEAYH.Mcrolh,Oa~.~t .. rY'lo. .;l(. :Loc b , AGE(l~..El-1May) P. Thonas Long N'-'loIEOFOECEOENTlf,;Slt.l';;"'~---------"---------------- SEX J. Male UNDER I ON ....... "'....1.. DATEOF91RTH ".",,,,nD3'('_l UNDER 1 YfAR MDIII'" D..,. I 'j 59 ,. 9- 2-40 . OTT. 8ORO. TWP OF OEATH , COIJNfYOF OEJO"H I " " ,I I ,I CUmberland E. Pennsboro ... k. DECEDENl.SUSUM. OCCUP>QIQN (Go.........,al...,,~dOfIool""''''9........ ol......~inQlII<f;<tOnol~'.,h/edl H.. Architect "IIArchi DECEDENT'S MAllING AOOl'lESS IS.... CotylTown. s... l'opCo:><Iel 28 S. 29th Street C~) Hill, PA 17011 DECEDENT'S ACTUAl RESIDENCE ...~~ ~-- :i ,. FRltER'SNIlME(FwSI_M>ame LaSl. P ong '1 .,-'! ... 1Hf'00000T'SNAME rrype1''''''1 ___- f , 2Oe. Q:1ary E. Long IETHOO OF DISPOSITION BuNIIO C,_liont3: ~_S1_D -, ~ """"'-0 ,,. SlGNArURE OF :1 , j 'Ii :i ;1j :1 -11 , '-:i - C<>mI*Ie~""1 ~.._... --- H. Il'.:J~ 21.~1, E"'..ltIe-di........."'1u._or........Io<:.......wfIio:hCII......,'"....lh 00 l........,onec.UW""..cn_ (jJ,UL-S~ ~ _llora11l CAUSE (F..... ~u~ '-*'0"'-1- ,I ..i! ~....- oIMY.-.gID_. ~ E_UNDERlTING CAlJSE(~.:........y ~-- '-*'ll"'_ILAST -ii .;; :1' . WERE AUTOPSY FINDINGS -'u\BlE PRIOR 1'0 COUPlEllOH ~ CAUSE """" WlS aN AutOPST PERFORMED? MANNER OF OEMl1 _.. -- o o _0 ~O ...... _D ~ ,. 198 30 4839 SIRTHPL.aCl:.IC".,;ar.., 3lal<fOffc.."gnCotJf'\l'YI Pl..AQ;OFOEATH(C"""~~<Y'e'- _"""ucloOM""QIt>eI9OIll HOs,'rD.l. OTHER: tnp.u.....D :::::=00 ="VIO Harrisburg,PA ,. ... fACILITY NAt.lE 11I1'0(1I.....""""" g>.e SI'''''' and....-. Hol'j ,$'",,,...+ v.as DECEDENT EVER IN US AA"'EOFOACES? ....~ .....0 I-+~.s p,'-I- ,,/ ... ... 11..Slal. Ppnnqyl"rmir'l MAAlTAlswus.......- _M&ff""'-' or-c:IdlSPoc"Yt Married .. 11e.o"",.dIeIdInI~ln ,~. "" - _no -.nip? No.dIIc:IdIr1IlftoId f"1lmh""rl-..nr'l l1d. _ll;NItlimool MOTHE".S NAIotE Ifo,l. "'_. M_Sulnamel - - Camp Hill ... An ela R. SChott INFQAMANrs MAlUNQ ADORESStSlr...... c.tyITcM<I. Sl.II. ropCodllI _. 28 S. 29th St., Hill, PA 17011 Pl.ACEOfOlSl"OSlTJOH."'-oIC...-...,.C'mwlDfy lOCATlON.C~. SlMl.l"opCodl ~-- "e. E. HaIrisbur Cern. N.AIIE AHO AOOAESS OF FACILITY ,Myers-Hamer FH, . !'M._pac.:Il..ed lICENSE NUt.lBER \"Y\a. :n, . &<11..111I....,.,.,,1 "Yinv. sutl'>asc.'''''''c '" ,..~......, ~,._, sllOCllor _,~""'. ..- J~ OATEOF INJ\JRT l"""'InOay.Ye"'1 2idarrisbur P 1903 Mkt. St. CH PA 17011 ORE SIGNED (Mclr$.Cay.-, 2311. Dc. W'.S C-'SE REfERRED 10 MEDICA&. EXA",lNEfVCOAONER? ,.,lJ! FD ~O ... I~_. .inl......~ :___dI&Ih Ju..i. PART_: OItlIJ~nc:er.~_",",_lIl.buI _..-I\lnIilin_~_Qio-.inPMlI. TIME OF II'lJURY IMJURV fit WORK? DESCRIBE HOW IKJURT OCCURRED. ......... h-.g"-llga'lon o o o ~EOFIKJURY'~no............~~.,adOIy.oIfIc:. bu*lng.llc tSpeo:olvI >Go. CouIdMlblda..........t ... 1... :MIl. cunlFlER(C"ecII_~co>oIt "Cf:RTIFYING PHYSK:IaH (PtI,soantf"f'Ity"'9,,-d_ """en an<)l/'lef p/lySO;.anflulllontllJl'CeO<lealh anaC~lMllfff>nt To__......,...........,..........occ..............ltwc.lVMlsl.ncI"'ton.......,.IId......................_.......... .PAOHOUNCIHG ,\NO CE"TI~TING PHYSICiaN tPl>"f'SCI"I' boll" ;lI:>IIOur>C.-.g llulh and CflIIIlyonq 'OCIU5I '" ""~II>' T......_..I..."Io__ao.to........U.occ""ood....._.oI.,.. .ndpllOC:...ncld...lD_uu_t.I.........n...' .._H.. REGISTR.-.R'S SIGNATURE ...,..0 NUU9{R 'Yf.DICAL EXAMINER/COAONER On lhe b.~.of...ml".11o,. and/Df Invesllgalion, i,. my op,,,,on, lJealh<<ell"ad allhe lima d". .,.d piKa and dlle to 1M C-IIIU(I'and ...11I"....'..,................ ..............._.......... ,., J1.. .......................................................... ~~,;/~~d u "'~.,., .~< 1'- ~ ,~ ~ l.:z/,~/JI " " I~ f-" _0 ..0 Y.3OI:. I SIGN.vURE aND TITLE OF I R lilI:llb. ,U-- llCEHSENUMBER EDtMoni'lp."......1 0'''. o4'i3Bf-L. ,,~S-J7-00 NAMf NWM>O.llESS~ 'lfHSOHWHOCDMPLEJED~ ~OE.ATH II'em,mType..-Ptinl V(f1JMrf:S11 r--- }J"lI/J~ 'ij.5 ,.I. .., ,;. '1' fqUt..1 On. c:iln.(Jpltlif/l''''OII :EF~1;.1.870: - . FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff FIRST UNION NATIONAL BANK, S/B/M TO MERIDIAN BANK : CUMBERLAND COUNTY : Court of Common Pleas Plaintiff : CIVIL DIVISION vs. : NO. 00-7783-CIVIL P. THOMAS LONG MARY E. LONG Defendant(s) 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 P. THOMAS LONG is DECEASED. (c) that defendant MARY E. LONG is over 18 years of age, and resides at LONGMEADOW APARTMENTS, 12 B RICHALND LANE, APARTMENT 108, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~+_/ FRANK FEDERMAN Attorney for Plaintiff "'" , I. 1--'0' ~ ," (Rule of Civil Procedure No. 236 - Revised) FIRST UNION NATIONAL BANK, S/BIM TO MERIDIAN BANK : CUMBERLAND COUNTY : Court of Common Pleas Plaintiff : CIVIL DIVISION vs. : NO. 00-7783-CIVIL P. THOMAS LONG MARY E. LONG Defendant(s) Notice is giv~n that a Judgment in the above captioned matter has been entered against you on APRIL (u ,2001. BY~ iJ/A,~DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESQUIRE Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THfS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** . ~, I': ~ ,c.- .... -, , ~ ""'. 0- ~ ~ -......J . '" ....,.. M 'M~lm'Tilntr'li(I!IlII'l'rmrMwfliili ~ ~ ~ t ;D ~ ~ -;:.,. \ " c> ....... (;' ~~: -0": 1"11', " -;ro- c:') .. -"';",) .- @:.........~. ~ ~ . . . ~ -. ~ .', <::'--. ..-'D '- 8: \"'- ?v ~~\ q co \'-...S - ~ c:: ~ -c- :;"0 ,,-., ,..-,-, / (j:-) " .:;:/./ (-:.c L_ ~t -;; -<.. \ 0' f'.J '_J CO _ _~~~~~Jl'~'l'ir"iW;l9;"'M~"tl'lJ!~~~1l\I<,jy'f0'il"~i%~i'1'i"'f?"~Fr1"'~-"--l"w-t,'~rm'''[;:' 'C":>'~T~-lIDl:!~"mW~11'''1/;'''"'~:~'~;';!'~'i$ifW\tt\~~~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 FIRST UNION NATIONAL BANK, SIB/M TO MERIDIAN BANK CUMBERLAND COUNTY Plaintiff, No. 00-7783-CIVIL v. P. THOMAS LONG (DEC'D) MARY E. LONG Defendant( s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $127,976.15 Interest from 4/4/01 to 9/5/01 (per diem - $21.04) $3,239.72 and Costs TOTAL $131,215.87 w~~ F .. NK FEDERMAN, ESQUIRE ONE PENN CENTER at SUBURBAN STATION SDITE 1400 PHILADELPHIA, PA 19103 Attorney for Plaintiff Note: Please attach description of property.No. ;-"% ~ "" '-""",. " I' '-I ~~I '!ill~~>w".w;c,'~''''';'''","'3bJ'"k~"IiM.~d''''''C"''V'''i",;".,_",,~ ,'''.'_ ~ ",;"" ',;,-,,', ".-",,,,"c'<'i'_'.i'1i',lMy~~l~~~~~k1!'J*_~~,,,,.~,,i>ffi1;'lb~I.!:d";.;ilill;~&-.Mi.!i!t&ilIii"" ~liii$J - .~ " "'1 ~.... .... ~ !! "= Ol ~z - ~ .., ;::::.., " Et p. ~ t:l:l= " t"l t"lt"l [f> ~ :e z [f> ~~ ~ .... .... ~~ .., 0 ~g " = ~z '"' " => "'1 0 l"'J~ I:::l~ .., ." ~>t"";:::: ::1.0 ~~ ~.., ~ {l a:~ ~~ " ~"=~~ ~~ ~~ 00 '"' "=~C'l~ ~~ ~"'1 [f> < N 3 ~ ~8 0 ~ =;::::~f"'J S; .., t"l0 t:d~ 0 0 t""t"l~t"" ~ 0 . z . ;:::: ;J> cr t""C'l ~t:l:l " t""z 0 0"'1 0--- "=;:::: ~ [f> ;"'OZ = t"l Zl:::l ~~ t"l0 " :;! >;~C'l .. ~ C'l1=5 ~ Zz " ...00> ~ z,,= p.. ~ ~ rJ} rJ}t"" al "= -- ~t"l ~ '-' t:l:l ... > t""> ... .., ~ ~ .... <rJ} .., 0 ~O ;:::: Z .., 0 ...."'1 t"l > Z .., .rJ} ... N t:l:l ~ ~ = t"" ~ I:::l t"" ~ !"l '-,..JlL. '". ~_~-" '"IU,--1I:b,:",-<-"'"l"_~W",&~J~~-,,,.,,,,,_,.,...,c"'", y,~, -::~"_' ,,_","'~;;.',.,,< "...,'", "~-""'" . ~ ,~ I\ll - 1 DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, bounded and described in accordance with a survey and plan thereof, dated April 30, 1980, prepared by Roy M.H. Benjamin, Professional Engineer, as follows, to wit: BEGINNING at a point on the northwestern comer of the intersection of 29th Street and Chestuut Street, South eighty-seven (87) degrees fifty-eight (58) minutes fifty-seven (57) seconds West one hundred fifty-three and six tenths (153.6) feet to a point on the eastern line of Quarry Alley; thence along the eastern line of Quarry Alley, North thirteen (13) degrees thirty (30) minutes West eighty- five and four tenths (85.4) feet to a point; thence North seventy-six (76) degrees thirty (30) minutes East fifty-two and nine tenths (52.9) feet to a point; thence South sixty-nine (69) degrees fifty-eight (58) minutes fifty-six (56) seconds East twenty-one and ninety-five hundredths (21.95) feet to a point; thence North seventy-six (76) degrees thirty (30) minutes East seventy-eight and eight tenths. (78.8) feet to a point on the Western line of 29th Street; thence along the western line of 29th Street, South thirteen (13) degrees thirty (30) minutes East one hundred three and seventy-five hundredths (103.75) feet to a point, the place of beginning. HAVING THEREON erected a two story frame dwelling house known as No. 28 South 29th Street, Camp Hill, PA. BEING Parcel No. 01-21-0273-336. ~I ,'I ,- ii$: (JI ~7" 1L If:~ "- <::l\ ~ ~ \l1 ....... V'" ~) 'oJ) c.J ...0 .. . ~ Cc .. - c cc. .-.. -"--_.'''''-liiilli'-ii'ii1li1iTCT''''l'J'T'-ilrkfilW'j''-~ , RJ . ~~~Gv ~ "iQ. ~ ' '- ~. . V ~...... ~~B~~ ~ . .'1 ~ ~B " , f r , (' r ""t) ~ ~ ?-- .. . . ~~ " f-. --....:.. 0 C1 () c: <' TJ ~tL '- .:"~:::l <= .m ~."", ;~J ;:: 2.=', "- Zl- hl UJ,}> (' " CJ -<=-~: ~. , f<C :::;.~\ --~,;CJ E:c:, --Lc.. ':~)i;~[ jic c: ;,:j i~n z: (Jl ;:-1 :< :c -< 1 ,,~, "",_, ..~IllIl!ltQM~~~I~~r<I:-f'~ .., 1, 1 l.~~ '., ~~Ii1I~~""r*",I,F~"''!_1''''l'''''''H'''''-'~''''~'''~"!M,,,,,,,j~~~i~~~;W; ~""'"'''' "r~%" FlRST ~~NATIONAL BANK, S/B/M TO MERIDIAN BANK CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CML DIVISION P. THOMAS LONG (DEC'D) MARY E. LONG NO.OO.7783.CIVIL Defendant(s). AFFIDA VII PURSUANT TO RULE 3129 (Affidavit No. I) FIRST UNION NATIONAL BANK. S/B/M TO MERIDIAN BANK, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 28 SOUTH 29TH STREETCAMP HILL. P A 17011 1. Name and address of Owner(s) orreputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) MARY E. LONG LONGMEADOW APARTMENTS, 12 B RICHLAND LANE, APARTMENT 108 CAMP HILL, P A 17011 2. Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None ''W '0 . ~ , ~~ T ilIL ""l,.Vf,, ~ I ...j. "'" 4. 1, 'TIe and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) DAUPHIN DEPOSIT BANK AND TRUST CO. PO BOX 4800 HARRISBURG, P A 17111 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 so 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 so indicate.) None 7. Name and address of every other person 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 so indicate.) Tenant/Occupant 28 SOUTH 29TH STREET CAMP HILL, P A 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief I understand that false statements herein are made subject to the ::':::' P.O' S~4~hl,ting W 't;rr 1[:' ~ DATE RANKFED~~ESQUIRE Attorney for Plaintiff "1- <"" ,,"'" 1'_ ',' I '__oj I I .. "i"W!! ....."...,.,~ "" ~"'.' '~'- ~, -,", ,~.. ._"~ fl ^-~ h;,k;"'tr j~',:-: ~-Y>:r" Y'f ;'f;t~~'f'i'I-; --":':'-~;;'y" '[(ftl?!""'":"" '~1!jTH"tift(.j' (") C <' -om C!) [Ij -<:'-.J,. 6S S~~ -<-:::- ~c:; ~~3 z =< ,~ji,,~t: ;,\~" ;~ ~ (.:;) () " '- c: -"~.. ''''- . ., }i8 ~?:F'~ , , ...:::. ~. po ~ C,.) 2;: ,:11 _"..~~~!'l!r~~-lI'-Y'-'W",~'-''''''i'(l~~~!i~~~~,f;'':*)''--'f'',:,~,,-~!;e,"i"~"iR"f'C'.>': ,-,""O,~,,,,(,',o,"<I,-,''''<'''';,'';=-''';~n''',''ij''O::I''P':'''''''~"~''-o",'i''';''''',-,''''''j~jj''lW~l:I!![N~1t'~ FEDE~andPHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF FIRST UNION NATIONAL BANK, SIBIM TO MERIDIAN BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CML DIVISION P. THOMAS LONG (DEC'D) MARY E. LONG NO.OO-7783-CIVIL Defendant(s). 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: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Y1k~ Attorney for Plaintiff ------ "1 t"" 1--' I'~ lili "~.,_,, ' '.',0 , " P'lI'I:!'lIl~IRf,~~'-",fI~R'JlRi!~\'i"i>v>'~m:;'FOl~""""""~;"'"-.!!~~~,'lJlfi~~!i'l',~#,~'l,,",~;~'-1;'""",,\,-":'~"~"';'__"'!>"~ -~ ".. ,,~~, ,",- '--'iJItr::T"TrTilJ'^'trt'l'T"']""'~Y'\(t 0 0 0 C -n ~ '- ~f~ ~~ ""'0 OJ c: !Jlrr Z Z-" ZC" "~~8 (fY~" C,:..\ -<:L-::- ~~;(S ~C: ;r.o. ~~~; -7(""') --- :=0 (5rn .l>C Z --I 'fl )> :<i ::D -< q--;", ''F;:'''fI"''l''''~r"i''''=:-'W''!>''''''''-I:'''--'',F'''''''i'~''i''f'''l'':\1'''i1'~~~m' FIRST UNION NATIONAL BANK, S/BIM TO MERIDIAN BANK CUMBERLAND COUNTY Plaintiff, No.OO-7783-CIVIL v. P. THOMAS LONG (DEC'D) MARY E. LONG Defendant(s). June 5, 2001 TO: MARY E. LONG LONGMEADOW APARTMENTS 12 B RICHLAND LANE, APARTMENT 108 CAMP HILL, PA 17011 '*THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VB PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TIEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." j 1 j ~ , . ,] Your house (real estate) at 28 SOUTH 29TH STREETCAMP HILL, PA 17011is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by FIRST UNION NATIONAL BANK., S/B/M TO MERIDIAN BANK (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the DECEMBER 5, 2001 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS , ':1 YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthejudgment 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. "; ~ ,~ I~ . I . 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 Sheriff's 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. lEthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days ofthe 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 .",< ~. , t, , ~_ I' 'I"" , DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, bounded and described in accordance with a survey and plan thereof, dated April 30, 1980, prepared by Roy M.H. Benjamin, Professional Engineer, as follows, to wit: BEGINNING at a point on the northwestern comer of the intersection of 29th Street and Chestnut Street, South eighty-seven (87) degrees fifty-eight (58) minutes fifty-seven (57) seconds West one hundred fifty-three and six tenths (153.6) feet to a point on the eastern line of Quarry Alley; thence along the eastern line of Quarry Alley, North thirteen (13) degrees thirty (30) minutes West eighty- five and four tenths (85.4) feet to a point; thence North seventy-six (76) degrees thirty (30) minutes East fifty-two and nine tenths (52.9) feet to a point; thence South sixty-nine (69) degrees fifty-eight (58) minutes fifty-six (56) seconds East twenty-one and ninety-five hundredths (21.95) feet to a point; thence North seventy-six (76) degrees thirty (30) minutes East seventy-eight and eight tenths (78.8) feet to a point on the Western line of 29th Street; thence along the western line of 29th Street, South thirteen (13) degrees thirty (30) minutes East one hundred three and seventy-five hundredths (103.75) feet to a point, the place of beginning. HAVING THEREON erected a two story frame dwelling house known as No. 28 South 29th Street, Camp Hill, PA. BEING Parcel No. 01-21-0273-336. -- '"',,~ ','-' "I . r ~ _ - ~ '" ., ,-!P _~"O "~'.".. ,,,11"1""11Wl1"', iTClillili8'{ '~'jY"""i o S; ..(;=,. :Jm n.lr;-' 2:1:' i~ )>C':: z =< .,"'_"~,~,~~,f!Illi\llrlillllll1'l1\iiiliIll~~"':m< , o (J -n :',? :"ifD r ~~1 cc..U ~j~ ~ -< L ~~ c.'::' ~~ :.n ,j'''iil'''J\'''''<'I"q~~?ff''''1;1J<1r,'<(;'-'i'-'JRc''''''-'"c"'il't~#':f!!!~~~''l!~~~''''''ffi!'W~~~IiW AFFIDAVIT OF SERVICE PLAINTIFF FIRST UNION NATIONAL BANK, SIB/M TO MERIDIAN BANK CUMBERLAND COUNTY No.00-7783-CIVIL DEI!'ENDANT(S) P. THOMAS LONG (DEC'D) MARY E. LONG Type of Action - Notice of Sheriff's Sale SERVE MARY E. LONG AT LONGMEADOW APARTMENTS, 12 B RICHLANDLANE, APARTMENT 108 CAMP IDLL, PA 17011 Sale Date: SEPTEMBER 5, 2001 Served and made known to J!iM f [, L.o fJ<j at 8:Jb , o'clockf-m., at I;:). (J t?;c\J'OIV ~ of Pennsylvania, in the manner described below: )( Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant( s)' s residence who refused to give name or relationship. __Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. SERVED . Defendant, on the / f3 I~ , Art-, 108, elM'oAf 1-1;/1 dayof J:.;"V"~ ,200j, ~~"'- , , Commonwealth Other: ' Ii/) _f II IPs Q I J Description: Ager HeightE WeightL2f!. Race Wl, SexL- Other bur" I, ~131t~\JC" l, C:;:l1< ~ -:\1<. , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of e Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Notarial Seal Sworn to and s~s 'bed c Stacy L Heelner, N . hambersburg Bom 13 before eth,s day MyCOmmlssionE ' , 200-L'~Member, PennSYlvania s c' '--P. By: 0" NOT SERVED -F ~9- On the __.~_ d.y of , 200~ at o'clock _.m., Defendant NOT FOUND because: _ Moved Unknown No Answer Vacant Other: SWorn to and sub:~cribed before me this _._ day of , 200 _' N olary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 PhHadelphia, PA 19103-1814 (215) 563-7000 ';" ,0,1 - ..- ~ " TI~~I'"'j;i"'i'f"lrl ".. "'. ~,,,,,~l~,, , ,'~~~'- ,.~'" '~~","--~' ,~ -=" --", .,,~,. () ~~~~ 1;-: ~T :2?- (j~; c:". !-.2 ~~;~-:- ~ -< C'\ -~Irliiil'r,,,~,j\:(' ""'i'l ,-.,~ ,- -' ''1i ~ 1,() ,I'm'''''''''''' ~'l!',,~'1fiQo,~J<!:w,r4""'~"JI'!!'B""',,";;(l'FiJi!!~""'i'l''''i''[''''I-<'''''~'l;jI~:;B<~@"ff'f~''''O!''',"!iI1~~ FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 12151 563-7000 ATTORNEY FOR PLAINTIFF FIRST UNION NATIONAL BANK, S/a/M TO MERIDIAN BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL DIVISION P. THOMAS LONG (DEC'D) MARY E. LONG NO. 00-7783-CIVIL PRAECIPE FOR RULE TO SHOW CAUSE TO THE PROTHONOTARY: Kindly enter a Rule upon P. THOMAS LONG (DEe'D) & MARY E. LONG, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. ~ Daniel G. Schmie , Esquire Attorney for Plaintiff FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, FA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF FIRST UNION NATIONAL BANK, S/B/M TO MERIDIAN BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL DIVISION P. THOMAS LONG (DEC'D) MARY E. LONG NO. 00-7783-CIVIL RULE AND NOW, this 11~ day of ~ XJol , a Rule is entered upon P. THOMAS LONG IDEC'D) & MARY E. LONG Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETURNABLE ~IH ..,.....,....rl"g~l.....,. ~ ~ .i) q,.{}- o ';1'"" -~ . r. = " .. ,~ ~ ;,~~_!ii~"(WU;l!;;""";Uil'dII':;'liID~",",,,,,,~if_;;""";,'it,;,,,,,,~!,,,,~,,'!O,,l'!"A",,,,I;',,l:-",!jL,,.-,,,-f'''''''(.'~;ilbjA;l1 '17'';;[1 '["Mil ,~~~- '-.-1,,1 (,) ~-:- I.!", I...~' _"1 CJ ?:: ~-'7' <'- =>:5; Oz ()< r-J~ 7>- 5~ r.cz LULU nJCL 3 CJ ~-',~ "'"..'" :..CJ S:~ ~ -=:-1.; ":--~) ;~{ ;:,~"c:r;,:,,~J~;!~:I!c.U.K"~ l;~,hp"L),~~~~.', "~~,~WI[~~,U.,.,;J,~" " -~." M~,~" . ,."~' ~ ~;"---"""""""""._~l""'~l&l.''-'''';:' ,-,-, (i:':":'~V"c ..." , I'~...L ":'<:-)',f\F1Y r.' .,.,,~_ :.J I i~UI", C:U iii; 9: I! CUM,tJS,::,u:"JCJ COUNTY PeNNSYLVANIA -, c ... FEDERMAN AND PHELAN by: Danie1 G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center P1aza, Suite 1400 Phi1ade1phia, PA 19102-1799 (2151 563-7000 ATTORNEY FOR PLAINTIFF FIRST UNION NATIONAL BANK, S/a/M TO MERIDIAN BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL DIVISION P. THOMAS LONG (DEC'D) MARY E. LONG NO. 00-7783-CIVIL ORDER AND NOW, this day of , the Prothonotary is ORDERED to reassess the damages in this case as follows: Principal Balance Interest Amount 5/1/00 through 9/5/01 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 114,743.18 11,697.36 388.62 4,000.00 1,427.00 0.00 721. 50 40.00 0.00 5,586.51 TOTAL $138,604.17 Plus interest per diem from 9/5/01 through Date of Sale at six (6%) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. BY THE COURT: J. 'i"'1ii', '^~ I I" ", FEDERMAN AND PHELAN 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 FIRST UNION NATIONAL BANK, S/B/M TO MERIDIAN BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL DIVISION P. THOMAS LONG (DEC'D) MARY E. LONG NO. 00-7783-CIVIL PLAINTIFF'S PETITION FOR REASSESSMENT OF DAMAGES Plaintiff, by its Attorney, 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 by default dated APRIL 5, 2001 in the amount of $127,976.15. 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 1#00- 04950RJW) filed on NOVEMBER 13, 2000. Plaintiff obtained relief from the automatic stay by the Order of Court dated JANUARY 22, 2001. 3. The mortgaged premises are listed for Sheriff's Sale on SEPTEMBER 5, 2001. 4. Additional sums have been incurred or expended on Defendant (8) , behalf during the time the sale was postponed or '<1' " ' , stayed, and Defendant(s) have been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal Balance Interest Amount 5/1/00 through 9/5/01 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 114,743.18 11,697.36 388.62 4,000.00 1,427.00 0.00 721. 50 40.00 0.00 5,586.51 TOTAL $138,604.17 5. Under the terms of the mortgage, Plaintiff is entitled to inclusion of the figures set forth in paragraph four in the amount of judgment against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess the dama es as set forth above. :A Daniel G. Schmieg, ESQUIRE Attorney for Plaintiff -2- ,,,,,,-,..,., ,~ FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. 1.0. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 /2151 563-7000 ATTORNEY FOR PLAINTIFF FIRST UNION NATIONAL BANK, S/B/M TO MERIDIAN BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL DIVISION P. THOMAS LONG (DEC'D) MARY E. LONG NO. 00-7783-CIVIL BRIEF OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 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 iUdicia, 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 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 See, 191. See also, Stephenson v, Butts, 187 Pa.Super 55, 59, 142 A,2d 319, 321 (1958); Chase Home Mortqaqe Corporation of the Southwest v. Good, 537 A,2d 22, 24 (Pa.Super 1988) . In Chase Home Mortqaqe, 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... II 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 O>~""IWI" ~ I~ - 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 Fa. 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 mortgagee1s 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 Plaintiff1s 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 PHlLA. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good fai th 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. ULYT ~ DANIEL G. SCHMIEG, ESQUIRE ,1'~~ " " . In ., Qj:'cEj\r::r-j i.. :'1'",.. J,' _\_. ~ ,-,~ I '..._ 82li ~ .../ .' /:1- ~3/.s FEDERAL NATION,\L MORTGAGE ASSOCIATION COUR7 OF COMMON PLl;lIS I'HIL~.DE:LP!lIi\ CO).ltl'r'i CIVIL TRIAL DIVISION vs. ',JOSEPH JEF~ERSON' an~ , ROSIE JEFFE..'lSON, his \;ife . .' l~,[ TERM,:i.982! i.,., NO. 2359 t._H)i! :. ...... ORDER AND OPINION W!lI~J::, J. ,;.,. rEa lq-dO, AND NO\~, this "7' day of upon conside;-ation of Plaintiff: Fedcr<il )_ational t10rtgaqe Association's Petition for Reconsideration ~unc pro Tunc of this Court' s Order of November 7, 1985 and the Answer th"rGto of Defendants, ~oSQph Jefferson and Rosie Jefferson, it is hereby O~DERED and DE~"EZD as'foll0~S:1 l} Said p~~~~on is GRANTED: 0'\1"", ' ! _;;1.: .'-' ' 2) ~~i~~~rt's Order of November 7, 1965 i~ .~....." r'.' , ..(... r.z;v- C~.., . '\.:.... REVERSED andPlainEif~'~ Motio~_for Rea~sessrnont~Q~ Damaqcs is . \, ~ t''''~;'''''~'W \\ . ~ \:.."... '.- ~'\\~. ~{,~ . 3} J~~~;t is n~rcG; lncrc~~~d to S6,141.7t. 1 I '- \ , I.. : '. GRANTED: BeCaU5\~ Plll-intiff was req1.;ired to aCC:C3pt cut'r~:nt mortgage payments upon the f.iling of ,Defendants' bi:l.nkruptc:y petition and in fact did so, it is necessary 1:0 rOilSS'!"S the an:ount of da~lage.s 'l:ha.t initially were Zlssess<.ld ~ftcr judgmC3nt by dC3fault was' entered in this action. Because Defendants have not refuted the specific amounts claimed - 1 - /" < i !-c= . ~." _ .. J \ ~ 'l' . "\ .'~ ',' ,'~, , .. .- " by Plaintiff in the instant Motion for Reassessmor.t, thil> pursuant to Fa. R.C.P. l029(cl. Court find$ that Defendants have admitted these amounts,. , ! BY THE COURT: ~.;.:- ---:- THOMAS A. WHITE, J~ \ , 11 ,~ ~ , ::( : ' ~ , : :,,' " " , , \ .-- 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 her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. DATE: August 13, 2001 aJr~ Daniel G. Schmieg, Esquire Attorney for Plaintiff ~- FEDERMAN AND PHELAN 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 FIRST UNION NATIONAL BANK, S/B/M TO MERIDIAN BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION P. THOMAS LONG (DEC'D) MARY E. LONG NO. 00-7783-CIVIL 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 Auqust 13, 2001. MARY E. LONG LONGMEADOW APARTMENTS 12 B RICHLAND LANE, APARTMENT lOB CAMPHILL, PA 17011 DATE: August 13, 2001 OJt~ Danlel G. Schmieg, Esquire Attorney for Plaintiff ., '~I !!II '~ fl!!IIlI!II "",j)~ ';~ "~"'''., ;.""~,,, "-" ,',- '''',<, ~-< ;;"".,'~'o_ ""~\H".'jrJk;'t'rl!~'''''':''''~\~'l'lNj 0 c.~) C) C , , :c~~ ".,. -o(-'J-= 1111", ' ~;'3 ""7 'T ""-., .J,,' ~~~ C-' ~Cj .:;::"" >0 -,",. '~;! ('j Z(-< >c: C:J ':~ <-n -"- ;:--1 -~ c- ::0 -< -< 1!iliI1~,. ~""",~""""'WW!~ijj!fA~""",,~,~rNTtl11~'lif'''-Y''''''-1'\1;'"'ItH'':''''''J"''!!'''''h''''F'''<''~'''~'N'''''-''~'''''.l'!1l1!J1:i;!~'!i!~~~,. )III ,",",!fI)l ENTITY VENDOR CHECK DATE CHECK NO. FAP Prothy of Cumberland County [PCUMB] 8/14/2001 150491 DOC APPLY APPLY TO NO TO DATE INVOICE INVOICE DOC AMOUNT DISCOUNT PAYMENT AMOUNT 150491 135993 08/14/01 8943335 9.00 0.00 9.00 KYLER, D , ~ II FED!,:IRMAI!l;& RI:iEL.AN .'! 'J ATTORJilEY.ES;CROWAeeOU.JiIJ. J OJilEPENJilCEJill"ER,$;UI'rEMDO . ~~!,,~"k,jiA,r;',fu 11l~Q~~1~j;;~ I ! ~:II*1I~r'~_.aliotl""I::I"I":.I:mn,::I$.',I~."':;:I:::IM[t{f'l_:I::l'""llT~:::II:t"~::t:."'~II:.,"I[",,:HII:.I:lh'U;U.:I'I:t.l::j:H!CI:::I::a'I=:''.I,::II:~=---""I'I=-~~I:."'II"J1:.1I1::111A,~""~~II'U"~,:::I::iI"'lll:~~_t""~ FEDERMAN & PI!IELAN. . COMMERCE.BANK. . g.'80J:l60 . : . . .' · CHECK NO ., ATTORNEY ESeR0VYACeOUNT' '" . .! . . '. j ONE PENNCENTERS\'JITE 1400 PHILAD LpHIA,PA'9148 150491 ." PHilADELPHIA, PA 19103-1814 DfW 08-14--2001 Pay NINE AND 00/100 DOLLARS DATE. . 1\MOUNT 8/14/2001 "*,,~:* **.:** *** * 9.00 Void after 90 days To The Order Of Pro thy of Cumberland County Cumberland County .Courthouse One Courtho~se Square Carlisle, PA 17013 I I , , Ii.. I I t_I:I~'I'IIoIII "I::I~I.""I~n'lI~!-..":I::t".-:i::l~I:IUlf.l::ll'I~':_UIIJ~:.~1:.:Itl::J."i-.....:I:::m_:I=..h'J"'ei=-i.n..,..;.1:.1:.1:f.'.1...:.i.,',.I..'~.:I;,.~; 1;~' .~. ' . " . " : ' " " ' , ~ , .' .... .'.:', ... " ..~............ "".A.....~~->." _ " ' " ,,"."""" .r{"~ ~>I:>"''' ,"" '1.p".." 't.J II' ~ SO l,,, ~II' .:0:1 bOO ~BoBI::I b ~ SOB b b bll' i""'-'i~""'lj ~1T , I - ~", 'T" I ,-", - e. ~, FEDERMAN AND PHELAN 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 FIRST UNION NATIONAL BANK, S/B/M TO MERIDIAN BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL DIVISION P. THOMAS LONG (DEC'D) MARY E. LONG NO. 00-7783-CIVIL CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of September 17, 2001 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on September 5, 2001. MARY E. LONG LONGMEADOW APARTMENTS 12 B RICHLAND LANE, APARTMENT CAMPHILL, PA 17011 "' 108~ ~ ~ Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: September 5, 2001 '"<~~-~~ "'~I " , I ~~ - iii! ; -~ , ~, ",~,IIIl'I!II_ " " -- ~,--~",. ." '__'"'",~d"'_ ..,~,',--- ,_'o~,", ,,',.~""'-~" "11l""'jflJ'I'Ll]YY'-F- :;o"";;t~ff (') C C -.. C; I liS C') "1'/ fh g '--.' ::0 ri i f!2 t,:' I :'<2 ...... z1$ ~c5 iiEo ~ $'0 ~ N -2:: C) " c}in ,'-.) ';;! 0) 5:J -<: '~"oo>:',l!!II!.l ~~~-"iff'l""",,,F<;"""""-"l!~'W"'~l'iMl'l''l<IDllillffil''f<ll!l~, ~~"IJIIlIliJ!l!~,!f'i'?_l!f<'-":<-"""'I""''''~'''''''O'''l!;''''"'''If.?1}~"'1f'P""11'\.11Bl:'\~AA_'~,1W-J""~.""""'Of"p":,"n'''1''OM''Jl!~~,",.._,~_~;" , , SALE DATE: DECEMBER 5.2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW FIRST UNION NATIONAL BANK, S/B/M TO MERIDIAN BANK No.: 00-7783-CNIL vs, P. THOMAS LONG (DEC'D) MARY E. LONG AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 28 SOUTH 29TH STREET. CAMP HILL. PA 17011. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3l29.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Supplemental Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Retum Receipt stamped by the U.S. Postal Service is attached for each notice. 1- AJr \..,L FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff -- November 30, 2001 ',,,-~,~ I I ~.~. --~" CUMBERLAND COUNTY FIRST UNION NATIONAL BANK, SIB/M TO MERIDIAN BANK No.: 00-7783-CIVIL vs. P. THOMAS LONG (DEC'D) MARY E. LONG SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.2) Plaintiff in the above action, by its attorney, Frank Federman, Esquire, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 28 SOUTH 29TH STREET, CAMP HILL, P A 17011: 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) '""""!"mPm.,~, ~_ , ., 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) Commonwealth ofPeunsylvania Bureau of Individual Tax Inheritance Tax Division Attn: John Murphy 6th Floor, Strawberry Square Dept. #280601 Harrisburg, P A 17128 Internal Revenue Service Federal Estate Tax Special Procedures Branch Federated Investors Tower Thirteenth Floor Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Department of Public Welfare TPL Casualty Unit Estate Recovery Program P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 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) None. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~-:l-~ F FEDE~, ESQUIRE Attorney for Plaintiff August 16,2001 -...~~,- '" , ,,- --'- ~-,~ FIRST UNION NATIONAL BANK, SIB/M TO MERIDIAN BANK CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION P. THOMAS LONG (DEC'D) MARY E. LONG NO.OO-7783-CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) FIRST UNION NATIONAL BANK. SIB/M TO MERIDIAN BANK, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the folIowing information concerning the real property located at 28 SOUTH 29TH STREETCAMP HILL. PA 17011 1. Name and address ofOwner(s) orreputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) MARY E. LONG LONGMEADOW APARTMENTS, 12 B RICHLAND LANE, APARTMENT 108 CAMP HILL, P A 17011 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None """Il~ 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) DAUPHIN DEPOSIT BANK AND TRUST CO. PO BOX 4800 HARRISBURG, PA 17111 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 so 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 so indicate.) None 7. Name and address of every other person 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 so indicate.) Tenant/Occupant 28 SOUTH 29TH STREET CAMP HILL, P A 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~t~UffiE Attorney for Plaintiff ------- June 6. 2001 DATE ,'"'~" .-~ " DATE: June 5, 2001 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) P. THOMAS LONG (DEC'D) MARY E. LONG PROPERTY: 28 SOUTH 29TH STREET CAMP HILL, PA 17011 Improvements: Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5,2001 at 10:00 a.m. in Cumberland County Courthouse, South Hanover Street. Carlisle, P A. Our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. 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C":: -< t~:'~ ~,j ~=:::: , C:1 - CS ~~ --" - C\ 1"'.) " I" ):>> C ,~ --; Z :n '<:-0-, --' :0 -< rV -< ,=/..,.,.,,~".,ij~;~,fi!!IW"'''''fi'''i'1!.'or'''::''''''\1">I1*'''\"'-"''':'F{'M''''''"h\'~~-!l!'~pl~llm'Fl!~'Q'!i1''II~ill- ^~~W" . , ~ FEDERMAN AND PHELAN 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 FIRST UNION NATIONAL BANK, S/B/M TO MERIDIAN BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL DIVISION P. THOMAS LONG (DEC'D) MARY E. LONG NO. 00-7783-CIVIL AND NOW, this 5~ day of ORDER j)~O -.l.o cJ ,2001 , 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: Principal Balance Interest Amount 5/1/00 through 9/5/01 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 114,743.18 11,697.36 388.62 4,000.00 1,427.00 0.00 721. 50 40.00 TOTAL 0.00 5,586.51 $138,604.17 Plus interest per diem from 9/5/01 through Date of Sale at six (6%) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S AND COMMISSION ARE NOT INCLUDED IN THE ABOV J. , (Y\.o.\\~~ Cfle.;, -~~, < - ';'~lill!""""'d~'~~-~"~\<j~l\li~~~i:H!j~JU....iM~"-'~,;."';,li'"'~~",,;::,;;,,i:<X.>il.'<&c&;,lo.~_!W!,j3tl~iIdll!iI!I~~'~"'~ ~'~~~," ~~. ~II!ltilIIIiiiii"~. ~J!!'~1~U,;;,;,:L"lh.!~,J;!C ~ "~'n,',=', J~"~,;,~""",~-""",,,,,,,,,,,,,_ ',_" "..'_ _~~,~'''''~'C "~"," ,"- ,~co"" ,.~ ,n~,=<~, OF'T l~n'-'()!:r::'[CE :""-"'-;'C\~,r""';-J hr!'1 "'" '.,'~ '::,j /-\1-) i (j I Oc('~~ v .L,... -OJ Mi 9:/. J , " CUI'I'~"~ , Vp~:hLP,:'{) COUNTY PENNSYLVANIA , c",,,,. '''"--'= J 11III .' . II ~ ~ FEDERMAN AND PHELAN 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 FIRST UNION NATIONAL BANK, S/a/M TO MERIDIAN BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL DIVISION P. THOMAS LONG (DEC'D) MARY E. LONG NO. 00-7783-CIVIL MOTION TO MAKE RULE ABSOLUTE 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 September 5. 2001 and Rule was entered upon Defendant(s) P. THOMAS LONG (DEC'D) & MARY E. LONG on September 5. 2001 to show cause why the Order for Reassessment should not be entered 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 September 18. 2001. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. CC]'t/ Daniel G. Schmieg, Esquire Attorney for Petitioner 3'!""n>"""_ "I f I . . ; "~~ . ;it i.\ I ~&.> &1-2-- FEDERMAN AND PHELAN by: Danie~ G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center P~aza, Suite 1400 Phi~ade~phia, PA 19102-1799 (2151 563-7000 FIRST UNION NATIONAL BANK, S/B/M TO MERIDIAN BANK ATTORNEY FOR PLAINTIFF ~$1' ' III CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL DIVISION P. THOMAS LONG (DEC'D) MARY E. LONG NO. 00-7783-CIVIL AND NOW, this RULE /'7/-h day of YlUjLLS t , :<.00 ( , a R'c:e is ~ntered upon P. THO~AS LONG (DEC'D) & ~~RY E. LONG Derendanc{s) to show cause why the attached Order for Reassessme~ or Damages should not ce en~ered. RiJL2 RETiJRNABL2 the t e. J ;-'9 ~ f 0:!:J,s Cl T t e ~ .5 e (V. C e , BY THE COiJRT: /S/;;)11!(JhJ F - ~ J. ',_l<t~-""'~ " ~r"1 - - FEDERMAN AND PHELAN by: Dan~e1 G. Schm~eg, Esqu~re Atty. I.D. No. 62205 One Penn Center Plaza, Su~te 1400 Ph~lade1ph~a, PA 19102-1799 (215) 563-7000 FIRST UNION NATIONAL BANK, S/B/M TO MERIDIAN BANK ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL DIVISION P. THOMAS LONG (DEC'D) MARY E. LONG NO. 00-7783-CIVIL CERTIFICATION OF SERVICE If Daniel G. Schmieg, Esquire, hereby certify that a copy of the RL:.le i Retu!:nable Date of Septembe!: 17, 2001 and a copy of Plaintiff's Petition fa!: Reassessment of Damages have been sent to the individuals indicated below on Septembe!: 5, 2001. MARY E. LONG LONGMEADOW APARTMENTS 12 B RICHLAND LANE, APARTMENT CAMPHILL, PA 17011 "' 108 ce6J r~ L Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: September 5, 2001 i'i~ 1""-' )'! ! , I . . VERIFICATION Daniel G. Schmieg, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she 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 her 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: September 18, 2001 oQC)\ Daniel G. Schmieg, Esquire Attorney for Plaintiff -'-:'~,,"""'","".: " ~ , I " ,- I I , I . . FEDERMAN AND PHELAN 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 FIRST UNION NATIONAL BANK, S/B/M TO MERIDIAN BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. CIVIL DIVISION P. THOMAS LONG (DEC'D) MARY E. LONG NO. 00-7783-CIVIL CERTIFICATION OF SERVICE If Daniel G. Schmieg, Esquire, hereby certify that a copy of the Motion to Make Rule Absolute has been sent to the individuals indicated below on September 18, 2001. MARY E. LONG LONGMEADOW APARTMENTS 12 B RICHLAND LANE, APARTMENT 108 CAMPHILL, PA 17011 ~ Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: September 18, 2001 1",,",lm,~ ,c, j., ," . ~" r" " ~ - ",~~ ~ "c C~"~"'~"_"._' ....,........... ............ . """'Tiliiilrllili!i"f"l '@~r."*' , 0 c 0 C " "::0" CJ 'CO',. ""t) C " rT~ ;~;~: ;C') .- =:':J ~: , .- I ~" ~! ~~'-: U-; U ~~::' t.-5 - .. .. .- -.. "H ----,~, t'3 "i .2: C' j;: CO :':5 rn c:: Z --,,1 r:- .~. -< ::0 -< \0 -< m~Mll~""""~,"'" ;JIlI<ll\JI!!!!I~~~'"",,"l'!,.~~IRft~",IlL_,Wf;..~"""mf,\,';r;"""~'I'f,'\lI1~""""l(""-iF9Wffil1f<l'!W''iIi'~.Jl!i~~~I!Il' ~,~ '1tl'I STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler ~ _____________________________________________________"________________________Flecorderof Deeds in and for said County and State do 'hereby certify that the Sheriff's Deed in which ________________ Federal National Mortgage Assoc ____________________________________________________________________________________ Bthegrantee the same having been sold to said grantee on the ______::~______________________________________ day of December 2001 _________________________________n_____ A. D., ; n___' under and by virtue of a WriL___n________ Execution . 13th ________________________________________________lSSued on the ____________nn_____________________ June 2001 day of __________________________ A. D., _____, out of the Court of Cornman Pleas of said County'as of Civil 2000 -------------_________________..__ _____ _ __ __ n_ __ __ _______ _____ ____ n__ ____ _______ Tenn, : NumUr8:_____________, at the suit of __!_i_~~:__~'.:~~~_~~:_I__~~__~~~L_:~_~~:~~_~~~_2l_~____________ . P Thomas Long (Dec'd) & Mary E ------------- ----- ---------- --- -_ -_ agalnst_ _ __________________ ___ __ __ ________ ____ ______ _______ is duly recorded in Sherifrs Deed Book No. :~:..________, Page __~?:_~_____. IN TESTIMONY WHEFlEOF, I have hereunto ~ set my hand and seal of said office this _..LL_____ day of __j), er of Deeds der of Deeds, Cumberland Counly, eamsle, ~ y Commission Expires the First Monday of Jan. 2002 "--~ . "' In the Court of Cornmon Pleas of Cumberland County, Pennsylvania Writ No. 2000-7783Civil First Union National Bank, slb/m To Meridian Bank VS P. Thomas Long (Deceased) and Mary E. Long Kathy J. Clarke, Deputy Sheriff, who being duly sworn according to law, says on July 26,2001 at 9:51 o'clock AM EDST, she served a true copy of Real Estate Writ, Notice and Description in the above entitled action upon one of the within named defendants to wit: Mary E. Long, by making known unto Mary E. Long, at 60 Hummel Ave., Rear, Lemoyne, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states on July 11, 2001 at 1:45 o'clock P.M., EDST, he posted a true copy of the within Real Estate Writ, Notice, Poster and Descriftion upon the property ofP. Thomas Long and Mary E. Long, located at 28 South 29' Street, Camp Hill, PA 17011, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one ofthe within named defendants, to wit: Mary E. Long, by regular mail to her last known address of Longmeadow Apartments, l2B, Richland Lane, Apt. 108, Camp Hill, PA 17011. This letter was mailed under the date of July 27,2001 and never retumed to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on December 5, 2001 at 10:00 o'clock A.M., EST. He sold the same for the sum of $1.00 to Attorney Frank Federman for Federal National Mortgage Association. It being the highest bid and best price received for the same, Federal National Mortgage Association of 1900 Market Street, Suite 800, Philadelphia, P A 19103, being the buyer in this execution paid SheriffR. Thomas Kline the sum of $810.63 , it being costs. Sheriff s Costs: Docketing Posting Handbills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge "~.''''~''''''''~.'",' - <,. ~ o~~.. 'I' $30.00 15.00 15.00 30.00 10.00 .50 1.00 20.15 2.40 15.00 20.00 ...- ~ ~- Out of County Dauphin County Postpone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed Poundage 20.00 302.60 234.96 25.66 25.00 27.50 15.89 $810.63 S9.~s~s: ~ Sworn and Subscribed to Before Me r~-.::-t:. ~ ~ " This I q If'Dayof it.eu~ R. Thomas Kline, Sheriff 2001, A.D. ~<.. f1. ~,~ ~ ('. 1/1 Pro onotary BY (] of YJ -...JmA11'I Real state eputy ?""1<'~H\<""""""~",,>" ~_ ~ ~"-. I LQ.u.-( 30,00 a..J<.--. l.lI'l CIL 3'(91.. '1 ~ //,YiSl " ~", ,.. , ,'" FIRST UNION NATIONAL BANK, S/BIM TO MElUDIAN BANK CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION P. THOMAS LONG (DEC'D) MARY E. LONG NO,OO-7783-CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) FIRST UNION NATIONAL BANK. S/B/M TO MERIDIAN BANK. Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 28 SOUTH 29TH STREETCAMP HILL, PA 17011 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) MARY E. LONG LONGMEADOW APARTMENTS, 12 B RICHLAND LANE, APARTMENT 108 CAMP HILL, P A 17011 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None ~""~""'~ , ~- "",' ^- II- , , ;4~ , . Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) DAUPHIN DEPOSIT PO BOX 4800 BANK AND TRUST CO. HARRISBURG, P A 171 I 1 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 so 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 so indicate.) None 7. Name and address of every other person 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 so indicate.) Tenant/Occnpant 28 SOUTH 29TH STREET CAMP HILL, P A 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~~& Attorney for Plaintiff ~ June 6. 2001 DATE FIRST UNION NATIONAL BANK, SIB/M TO MERIDIAN BANK CUMBERLAND COUNTY Plaintiff, No.OO-7783-CIVIL v. P. THOMAS LONG (DEC'D) MARY E. LONG Defendant{s). June 5, 2001 TO: MARY E. LONG LONGMEADOW APARTMENTS 12 B RICHLAND LANE, APARTMENT 108 CAMP HILL, PA 17011 ""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 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 (real estate) at 28 SOUTH 29TH STREETCAMP HILL, PA 17011is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by FIRST UNION NATIONAL BANK. S/BIM TO MERIDIAN BANK (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the DECEMBER 5, 2001 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. 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. 2. 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. ',~-=",""'" . , '"I 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. lfthe 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 ifthe 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. lfthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5 . You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER 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 LmERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ~='''''~:'.~ , I I . DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, bounded and described in accordance with a survey and plan thereof, dated April 30, 1980, prepared by Roy M.H. Benjamin, Professional Engineer, as follows, to wit: BEGINNING at a point on the northwestern comer of the intersection of 29th Street and Chestnut Street, South eighty-seven (87) degrees fifty-eight (58) minutes fifty-seven (57) seconds West one hundred fifty-three and six tenths (153.6) feet to a point on the eastern line of Quarry Alley; thence along the eastern line of Quarry Alley, North thirteen (13) degrees thirty (30) minutes West eighty- five and four tenths (85.4) feet to a point; thence North seventy-six (76) degrees thirty (30) minutes East fifty-two and nine tenths (52.9) feet to a point; thence South sixty-nine (69) degrees fifty-eight (58) minutes fifty-six (56) seconds East twenty-one and ninety-five hundredths (21.95) feet to a point; thence North seventy-six (76) degrees thirty (30) minutes East seventy-eight and eight tenths (78.8) feet to a point on the Western line of 29th Street; thence along the western line of 29th Street, South thirteen (13) degrees thirty (30) minutes East one hundred three and seventy-five hundredths (103.75) feet to a point, the place of beginning. HAVING THEREON erected a two story frame dwelling house known as No. 28 South 29th Street, Camp Hill, PA. BEING Parcel No. 01-21-0273-336. '. ~., , , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-7783 CIVIL *9<_ CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due First Union National Bank, S/B/M to Meridian Bank PLAINTIFF(S) from P. Thdmn~ T.ong (rit:=>-r.1ri} M.-=.ry F. T nnlJ DEFENDANT(S) (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 nofffy the garnishee(s) that: (a) an attachment has been issued; (Il) the garnishee(s) is/are enjoined from paying any debt to or for the account of fhe defendanf(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 inthe pOl;session of anyone other fhan a named garnishee, you are directed to nomy him/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $127.976.15 I t from 4/4/01 to 9/5/01 (per diem - n erest $21. 64) $3, 239.12 aud Cu..L.; Atty's Comm % L.L. S.50 Due Prothy S1. 00 Other Costs Atty Paid Plaintiff Paid $189.22 Pate: June 13, 2001 Curtis R. Long Prothonotary, Civil Division by: "';j;'bL- o/!.~~. W , ' , Deputy REQUESTING PARTY: Name Address: Frank Federman. Esq. One P,;;:mn renh~r i"lt ~l1hllrhnn ~tation Suite 1400 Ph] lnnplphin. PA "9101 Attorneyfor~ Pli'linJ-i H Telephone: D15) 5nl-7000 Supreme Court 10 No. 1 ??4R i;~-~.&'~'''1T1''','''''l -- ,-~ '., , -n ~^ ., ~"--~'" --- REAL ES1A1E SALE No.. 3(, ~ ~ ~ un g /J...h..L 11/,)00 I the sneriftlevied upon the oetenu't.5 interest in the real property situated in to-tn-p --tJ:O~ RtS7Q'f3i~. cumberland County, Pa., know' ,,'mbered as: tiS .2J~2l~ [lMtfJ t-h " and more fully desGI id(JO on Exhibit" A" mea WIT this writ and by this reference incorporated herein. Oata: )/..i.M (Lj,J.OOI By: (!Jtdu- ~~ J , I I I I I I I I i-I i I " \ c\\\-\?Jt\ ~ \ \\ 'l ~,'~',:: r\ -,- '- ,~ , s"- to t\ \\~ \\i. '1'\6 ,,' ..jill\\) ,-' '-"' '''() '''"i\.:.''':'' ,;\ :.:1,1\;') \ ,~\, --"",- ,...>-'" \\<; <jl,\J. ~!\\\1f' ' ~"-", ~, lll'_^, _ e., ", _r,~RWil1)g;:1~'~'M~.'!'"';:""'"fl"""'l""""'''T'l''''*'''';*-'!l'I!m'''f~~~j,l?Jl'l~ .. . _~,ii'l~m~_" _/ dllM ""' "", " "~', "1' , ~ REAL ESTA'llE SALE NO. 36 Writ No. 2000-7783 Civil First Union National Bank. S/B/M to Meridian Bank vs, P. Thomas Long (Dec'd) and Mary E. Long Atty,: Frank Federman DESCRIPTION ALL TIIATCERTAIN piece or par- cel of land situate In the Borough of Camp Hill. County of Cumberland and State of Pennsylvania, bounded and described in accordance with a survey and plan thereof. dated April 3b. 1980. prepared by Roy M.H. Benjamin. Professional Engineer. as follows. to wit: BEGINNING at a point on the northwestern corner of the inter- section of 29th Street and Chest- nut Street. South eighty-seven (87) degrees fifty-eight (58) minutes fIfty- seven (57) seconds West one hun- dred fifty-three and six tenths (153.6),_ t&,"'4lI'i&t_.tl!Io.~o l1ne of Quarry Alley; thence along the eastern line of Quarry Alley. North thirteen (13) degrees thirty (30) minutes West eighty-five and four tenths (85.4) feet to a point: thence North seventy-six (76) degrees thirty [30) minutes East fIfty-two and nine tenths (52.9) feet to a point; thence South sixty-nine (69) degrees fllty-eight (58) minutes flfty- six (56) seconds East twenty-one and ninety-five hundredths (21.95) feet to a point; thence North sev- enty-six (76) degrees thirty (30) min- utes East seven,ty-eight and eight tenths (78.8) feet to a point on the Western line of 29th Street; thence along the western line of 29th Street. South thirteen (13) degrees thirty (30) minutes East one hun- dred three and seventy-five hun- dredths (103.75) feet to a point. the place of beginning. HAVING TIIEREON erected a two story frame dwelling house known as No. 28 South 29th Street. Camp Hill. PA BEING Parcel No. 01-21-0273- 336. <, 1- '0 ""''': PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, V1Z: JULY 20, 27, AUGUST 3, 2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. R~er J. Morgenthal, Edito; SWORN TO AND SUBSCRIBED before me this 3 day of AUGUST. 2001 ., NOTARW. LOIS E. SNYDER. NoIlIIy flublIc Cerli8leBoro, CUllIbel1and County My CoIllilllIlIDI! Exp/l8S March 5. 2005 ",,~ , ", ~I '1 - '~'~,~'-,------ - ---- -~"--'-- REAL ESTATE SALE l'Ic. 36 ' Writ No. 2'QOO-n83 CIvil Term First Unfon National Bank, SIBIM to Meridian Bank vs P. Thomas Long (Dec'd) Mary E. I.Otig Ally: Fraflk. .Fed~rinan. , DESCRIPTION , ALL THAT, CQ;.TAIN piece Qr pareto) of .-:ljiid situate In the Borough of Camp -Hil). ; ,t'?U~9-:' ",Dr. uunbcrfJnd an,d ,Stat,e or f'e'rins.yh'1mia. bounded and descri.bed In 'il'c,ci)rdance wish a survey and plan t.hereof, dahdl' April 30, 19$0, prcP<lred by :Roy ~1'.H. Benjamin. Professiomd Engil1eer. as fo/{ows-, to wir: , BEGfNNING at a point on the northwcstern ' :i.;tirn-et of rhe fnters<<tion of 29rh Street and i -tlreslIiu! Street. Souro cighty.seven ($7J :' degrees I1fty.eight (58} minuces fifty-seven (~7) 'S>&ond~ West .One hUndred ff(cY-1l1rrc .andslx te'n't'hs' (15.3.6) feet to a poim 011 the ei(Slem line of Quarry AfJey; thence along ttre e1lMem line of Quany Alley, North ihi'necn (J3l degreeii thiny C~O) minl1k'S : ~~~ dghty.17vc and four tenths (85.4) feet tj:j,a point; Lht"'11~e N.-mn sc\"ent)'-sk, ,(7.,51 ' degrees 'thirty (JO-, mirJ{/{(.'i: F.aq fifty-,!wO 'andnme, t~nths <:5.2.9) feet tt) a pOllle; {pence , South ,sixty.ni,nc .l69) degn.'cs fifty-eighc ' (58) minutes fifty-sh (56) second~ East i (v.-'Cn~y'onc, ,and ninety-five hUJJdredth.s '(21.95)' r~( 10 ;l point; thence NMh " ;.;e.c<emy-si.l.'('761 rlcgre~$lhirty (30) minm('~ .East ~\cr}ty-cigbt and eight tenlhs,OR.8l : '. f~t. to a point tm;tik.~ %~C~ line of ~Ih. . Stf('.et; thence along tne WlNitem lille of 29th Street." S6Ulb thirteen (D) dl."gr~~s chirty (30) minutes East one hundred three and ''iC1/Ctlty~fivc nundredths (I (n. 75) feel to it poi{lc. che place of BEGINNING." .' HAVING THERFON ertX'led a two-story Jrame"dweHing Jml1sc- know" :),5 NQ. ~8 '~~h 29t.h Street, Camp Hm. PA., ,.SEING-Parce,! NQ. 01-21-0273_.1.36. '-~-~~~---"--~"._--- ',--------~ ~ ~ "'- THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of ~ Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 24th and 31 st day(s) of July and the 7th Clay(s) of August 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in M~scelreous Book "M", V;::L11~:~~~;' ........................................f~................ ........................... COpy Sw" 21st Y of st 2001 A.D. S ALE #36 N.ta~al Seal TeT!Y L. Russell, Notary ~ Harllsbulg, Dauphin My Commission e""lros Jun. , TA.RY PUBLIC Mamber, Pennsyl>lanla AS&OClation 01 N"''!:ommission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COUFrTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or pUblication attached hereto on the above stated dates $ Probating same Notary Fee(s} $ Total $ 233.43 1.50 234.93 Publisher's Re~eipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... !,,\lr"~ __ ~ I~ '"