The URL can be used to link to this page

Home My WebLink About00-08068 ".l I ~ I ~ '~ ' I , - ~--~.~ ' " "~~<ii< FEDERMAN AND PHELAN, LLP By: F~FEDERMAN,ESQUlltE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 CHASE MORTGAGE COMPANY-WEST, f/k/a MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219-6009 ATTORNEY FORPLAlNTIFF COURT OF COMMON PLEAS CNIL DNISION , C TERM Plaintiff NO. to. <10M; ~ v. CUMBERLAND COUNTY LAWRENCE W. SMERLlNG LAUREN A. SMERLlNG 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE , , , r: I **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 , I r= , Loan #: 5801952086 ~ , 1. Plaintiff is CHASE MORTGAGE COMPANY-WEST, f/k/a MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219-6009 2. The name(s) and last known address(es) of the Defendant(s) are: LAWRENCE W. SMERLlNG LAUREN A. SMERLlNG 519 SPRING HOUSE ROAD CAMP HILL, P A 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 8/21/97 mortgagor( s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST UNITED MORTGAGE SERVICES, lNC., which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1401, Page 172. By Assignment of Mortgage recorded, 8/25/97 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Book No. 555, Page 505. 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 3/1/00 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." ,---', '-_~"""S,,~;_ I I I r: I I r':' """,,"'J ~. '~ " ,!i, c. 6. The following amounts are due on the mortgage: Principal Balance Interest 2/1/00 through 11/1/00 (Per Diem $30.79) Attorney's Fees Cumulative Late Charges 8/21/97 to 1l/1/00 Cost of Suit and Title Search Subtotal $150,265.34 8,467.25 4,000.00 565.48 750.00 $164,048.07 Escrow Credit Deficit Subtotal 0.00 1.240.08 $1.240.08 TOTAL $165,288.15 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 $165,288.15, together with interest from 11/1/00 at the rate of$30.79 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. :;-~~ Isl Frank Federman F~ FEDERMAN, ESQUlltE Attorney for Plaintiff '",- . " '~J r:' I I t: I t:.~ . " .'u; Loan #5801952086 LAUREN A. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, PA 17011-1455 August 23, 2000 Certified Mail Return Receipt Requested RE: Loan #5801952086 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the enclosed pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. EXHIBIT A ~ Loan #5801952086 LAWRENCE W. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, PA 17011-1455 August 23, 2000 Certified Mail Return Receipt Requested RE: Loan #5801952086 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the enclosed pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. EXHIBIT A ~ J.__ - l-'o ; L ~L '",-.'- ,., -~, LAWRENCE W. SMERLING August 23, 2000 Page 2 LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTlNUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME (S): LAWRENCE W. SMERLING, LAUREN A. SMERLING PROPERTY ADDRESS: 519 SPRING HOUSE ROAD, CAMP HILL, PA 17011 LOAN NUMBER: 5801952086 Current Lender/Service: Chase Manhattan Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. EXHIBIT A , ~ I {~ ~~-, ., ~-"..J. j~- ""'"C'i' Certified Mail LAWRENCE W. SMERLING August 23, 2000 Page 3 CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers- of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face- to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETl'ER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) EXHIBIT A ~ II . ""'___0 ,,I ,- , ~--, ' LAWRENCE W. SMERLING August 23, 2000 Page 4 HOW TO CURE YOUR MORTGAGE DEFAULT (Brin!'; it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 519 SPRING HOUSE ROAD, CAMP HILL, PA 17011 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Starting March 2000 through August 2000 at $1,287.80 per month. Total Monthly Payments Past Due Late Charges Other Fees $7,726.80 $462.46 $176.00 TOTAL AMOUNT DUE TO CURE DEFAULT: $8,365.26 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 $8,365.26, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to Chase Manhattan Mortgage Corporation. 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 riRhts to accelerate the mortRaRe debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mort!';aRed property. EXHIBIT A a ," AA_ t'"~' ". . ,.-.J,~ ," 'n."....-:_ Certified Mail , LAWRENCE W. SMERLING August 23, 2000 Page 5 IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if the legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due. plus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Chase Manhattan Mortgage Corporation Address: 3415 Vision Drive Columbus, OH 43219-6009 Phone Number: (800) 848-9380 Fax Number: (614) 422-5381 Contact Person: Scott Casteel EXHiBiT A ,. , "" , ~ j , _;J :~, LAWRENCE W. SMERLING August 23, 2000 Page 6 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You might be eligible to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. To determine eligibility you must contact our office to verify the assumability of your property. YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Chase Manhattan Mortgage Corporation is attempting to collect a debt and any information obtained will be used for that purpose. Sincerely, GOVERNMENT NATIONAL MORTGAGE ASSOCIATION by ~ CodLd Scott Casteel Loan Counselor Chase Manhattan Mortgage Corporation Enclosure EXHIBIT~ C-173/1952086B.822/Y2MCD/BREACH . , - " .... ~-"i Consumer Credit Counseling Agency Notification To: Date: Name of Mortgagee: Address: In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by: Name of Applicant Address Telephone Number Mortgage Loan Number Address of property on which mortgage is in default, if different from above. The counseling agency met with the above named applicant on Date who have indicated that they are more than sixty (60) days delinquent on their mortgage payments and have received notification of intention to foreclosure from Name and Address of Mortgagee In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you that: 1. If the delinquency cannot be resolved within the 30-day forbearance period as provided by law, the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's Emergency Mortgage Assistance. 2. By a copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has indicated as also having a mortgage on the property identified above. 3. It is our understanding that the 30-day forbearance period in which we are now in ends on ;0; 4. No legal action to enforce the mortgage may occur during this forbearance period, unless procedural time limits were not met by the homeowner. EXH\B\TA iJi ,I ..J ~, "- " j~;j, ~ PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE 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 WiIliamsport, P A 17703 (570) 326-0587 FAX (570) 322-2197 CCCS of Northeastern P A 1631 South Atherton St., Suite 100 State College, P A 1680 I (814) 238-3668 FAX (814) 238-3669 CCCS of Northeastern PA 201 Basin Street Williamsport. P A 17703 (570) 323-6627 FAX (570) 323-6626 31 W. Market Street POB 1 t27 Wilkes-Barre, P A 18702 (570) 821-D837 or (800) 922-9537 FAX (570) 821-1785 COLUMBIA COUNTY 1400 Abington Executive Park Suite 1 Clades Summit, PA 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134-9135 Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes-Barre, P A 18702 (570) 826-D51O or (800) 822-0359 FAX (570) 829-1665-{Call Before Faxing) (570) 455-4994 Hazeltown FAX (570) 455-5631-{Call Before Faxing) (570) 836-4090 Tunkhannock CRAWFORD COUNTY Booker T. Washington Center t 720 Holland Center Erie, PA 16503 (814) 453-5744 FAX (8t4) 5749 Greater Erie Community Action Committee 18 West gill Street Erie, PA 16501 (814) 459-4581 FAX (814) 456-0161 John F. Kennedy Center, Inc. 2021 East 2011I Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-t243 Shenango Valley Urban League, Inc. 601 lndianaAvenue Farrell, PA 16121 (412) 981-5310 CUMBERLAND COUNTY Financial Counseling Services of Franklin 31 West 3rd Street . Waynesboro, PA 17268 (717) 762-3285 cecs of Western Pennsylvania, Inc. 2000 Linglestown Road Hanisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 YWCA of Carlisle 301 "G" Street Carlisle, PA 17013 . (717) 243-3818 FAX (717) 731-9589 Community Action Comm of the Capital Region 1514 Derry Street Hanisburg, P A 171 04 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle SI. Gettysburg, P A 17325 (717)334-1518 FAX334-8326 PENNSYL VANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 EXHIBIT A ,.......... - _ i ~ ,'I -. -. , . . ,. File Number: 970189 SCHEDULE - CONTINUED ALL THAT CERTAIN piece ofland situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western side of Spring House Road, at the division line between Lots Nos. 9 and 10 on the above mentioned Plan of Lots, which point is 894.99 feet north of the northern side of Lantern Drive; thence along said division line, south 78 degrees 50 minutes west, 125 feet to an iron pin at the division line between Lots Nos. 10 and 31 on said Plan; thence along said division line, .11 degrees 10 minutes west, 95 feet to an iron pin at the division line between Lots Nos. 10 and lIon said Plan; thence along said last mentioned line, norlth 78 degrees 50 minutes east, 125 feet to a stake on the western side of Spring House Road; thence along said last mentioned line, south 11 degrees 10 minutes east, 95 feet to an iron pipe, the place of Beginning. BEING all of Lot No. 10, Block "0", Plan 13, Pinebrook, which Plan is recorded in the Cumberland County Plan Book 22, Page 198. HAVING thereon erected a dwelling house known as 519 Spring House Road. UNDER AND SUBJECT, nevertheless, to restrictions, easements, and conditions of prior record pertaining to said premises. BEING the same premises which C. David Correll and Vicki P. Correll by deed dated July 22, 1983 and recorded in the Recorder of Deeds Office in and for Cumberland County in Book H-30, page 484 granted and conveyed unto Gene W. Rush and Carole R. Rush. BooK1401riGE 179 ~ I ,.r? fA7 : [~~of':)~i , I I , i I i I I ~ ,;, ~ . ',. 10, ~~ M -~."-, VERIFICATION FRANK FEDERMAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make 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. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. 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. :t-~c)-~ DATE: 11/;3/ j0j , / ~.:~-' ,,~,' ili.--!&;bimf!.om:1&l'-\llfN .W~~~Iti~lli""d'~~ ~",6-~i"",cl.k*\.\'iI\~i!fH_-<t0;~h! '.- ~~ ll. ~ ~ ~ ~ ~ \ ~'\J ~" .. . ~ " 1I:iM~' - if5:ryj;liiiilti.li"'" -ITl1I~t~__- ~8a1l ~ C:\ . * Cf; , ~ ~ & ~ 'i,~\ ~ ~ , ~ ~ ~ n c -of~ 11"1 ~~,~ ~~~ uS ....,f"-'/ ~C~ ~r"' i:g ~ , , -' ~;ji i! " I Ii Ii I ~ (':-) C.:J ~) -,- ,.. C) c'"; '- ! .:::> <.1'1 ", ~,.:. C') ::...)].1 ::;;.:~ ~[J -< , I" , " , , ~- - - , " " '" ~r.~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 CHASE MORTGAGE COMPANY -WEST PLAINTIFF COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY No. 00-8068 LAWRENCE W. SMERLING LAUREN A.SMERLING DEFENDANT PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification with respect to the Complaint filed in the instant matter. 1NLvk 1~r~ FRANK FEDERMAN, ESQUIRE Attorney for plaintiff Date: November 30, 2000 - #0 VERIFICATION ROBERT STOCKDALE hereby states that he is ASSIST ANT SECRETARY of CAHSE MANHA TT AN 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. 1i4d;;f{J ROBERT STOCKDALE ASSISTANT SECRETARY DATE:_1 \- \ '-I -Qd .,-' ~ < ,.' i 6(1 '1;1 " "'~-~=~, ...,...... ~ , ~- {" ^""'. -i'i!!i'~d , SHERIFF'S RETURN - REGULAR ~. CASE NO: 2000-08068 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY - WEST VS SMERLING LAWRENCE W 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 SMERLING LAWRENCE W the DEFENDANT , at 0018:35 HOURS, on the 30th day of November, 2000 at 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 by handing to LAUREN SMERLING 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 Affidavi t Surcharge So Answers: 18.00 8.68 .00 10.00 .00 36.68 ~-~r...t:~,~ R. Thomas Kline? ., .- , 12/01/2000 FEDERMAN & PHELAN me this /r~ day of Sworn and Subscribed to before By: (f; a ~/, /;.~ Prothonotary ,j~"",,,, ~'~.'~' - ,,;l , . !l.l~ . SHERIFF'S RETURN - REGULAR ~ . CASE NO: 2000-08068 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY - WEST VS SMERLING LAWRENCE W 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 SMELING LAUREN A the DEFENDANT , at 0018:35 HOURS, on the 30th day of November, 2000 at 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 by handing to LAUREN SMERLING a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 -tf ~ ~-~ ~. R. Thomas Kline 7 -, 12/01/2000 FEDERMAN & PHELAN j~ ~ AD (2 ~/~/ Prothonotary Sworn and Subscribed to before By: me this If !B day of ,.",,' .[ , ~.--! . FEDERMAN AND PHELAN By: Frank Federman, Esquire Atty. J.D. No.: 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CHASE MORTGAGE COMPANY-WEST, f/k/a MELLON MORTGAGE COMPANY Plaintiff VS. LAWRENCE W. SMERLING LAUREN A. SMERLING Defendant(s) Court of Common Pleas CUMBERLAND County No. 00-8068 PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE, AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. 3 -6 --a / ~}~ Date Frank Federman Attorney for Plaintiff >;>~:';':'"t-"'-~ -". x_" ~- , ,',. llIi::~"~.~,*:0!$i\'",,,hf.!,,,'1fu~~'MdGlf1;:'%"W,,,*,,,,,.,.,~~-~'" " ~ ~^. _~"' "",' ^,", cV"" , ~""" '4'~' ,. ~'-~':'!!!Il;l! Mui"i:ml'" ~._"'-" l ~ .L -,. ,~ -- ~" (') c: ~: -00] mrn Z---->;:-) ~,~;. ,<C ':P'(-. Z.,} -0 )>(~ ~ , ,- " ,. , o ~ ~;! !'~"i;Q -I.':"lltl :_",.1(( ~~:~ () -~"-".l 6;+J .y....; .:.-rn o -~ "J> :Q ::;;;: :;It:.m' :;0 N o -u :J: - ., '/"" o '1