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HomeMy WebLinkAbout01-0748 FX ~"~ ':~," .. -" ~. ." ~ -" ~.-- FEDERMAN AND PHELAN, LLP 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 CENDANT MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION 6000 ATRIUM WAY MOUNT LAUREL, NJ 08054 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. CJ/- 7cf1 w;J v. CUMBERLAND COUNTY GARY T. EUSKE DEBORAH L EUSKE, NK/A DEBORAH LYNN EUSKE 55 LITTLE RUN ROAD 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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA ]7013 (717) 249-3 ]66 Loan #: 0002792596 "-c-' ~'ii ''-,,' ~.~ ,- ", J..~ , ~~-""""""'~',' 1. Plaintiff is CENDANT MORTGAGE CORPORATION, F/KIA PHH US MORTGAGE CORPORATION 6000 ATRIUM WAY MOUNT LAUREL, NJ 08054 2. The name(s) and last known address (es) of the Defendant(s) are: GARY T. EUSKE DEBORAH 1. EUSKE, AlKJA DEBORAH LYNN EUSKE 55 LITTLE RUN ROAD CAMP HILL, PA 17011 who islare the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 11/1/91 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. 1035, Page 7. 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 1011/00 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." . ,"'-- ,-<- _r '_""". "'," 6. The following amounts are due on the mortgage: Principal Balance Interest 9/1100 through 2/110 I (Per Diem $23.51) Attorney's Fees Cumulative Late Charges 1111191 to 211/01 Cost of Suit and Title Search Subtotal $100,963.11 3,620.54 4,000.00 171.32 550.00 $109,304.97 Escrow Credit Deficit Subtotal 0.00 175.38 $ 175.38 TOTAL $109,480.35 7. The attomey'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 rem Judgment against the Defendant(s) in the sum of $109,480.35, together with interest from 2/1101 at the rate of$23.51 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. }~~ FRANK FEDERMAN, ESQUffiE Attomey for Plaintiff w . , " . ~'f,~--~ ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM DATB: December 11,2000 FORECLOSURE TO: Gary T. Euske 55 Little Run Road Camp Hill, PA 17011 Deborah L. Euske 55 Little Run Road Camp Hill, PA 17011 THIS FIRM IS A DEBT COLLECfOR A TIEMPTING TO COLLECf A DEBT. THIS NOTICE IS SENT TO YOU IN AN A TI'EMPT TO COLLECf 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 ATIEMPT TO COLLECf A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERlY. This is an official notice that the mort2a2e on your home is in default and the lender intends to foreclosure. SDecific infonnation about the nature of the default is orovided in the attached DUes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM lREMAP) may be able to helD to save your home. This Notice eXDlains how the Dro21'llU1 works. To see if REMAP can helD. YOU must MEET WlTII A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with YOU when YOU meet the Counselin2 A2enCy. The name. address and chone number of Consumer Credit Counselin2 A2encies servin2 your County are listed at the end of this Notice. Ifvou have any ouestions. YOU may call the Pennsylvania Housin2 Finance A2encv toll free at 1-800-342-2397. (Persons with imoaired hearin2 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 attomeym your area. The local bar association may be able to help you flDd a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUEDE AFECfA 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 ELEGffiLE 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. EXHIBIT A -"","'" - ~ "",- . l" _ - -~"'~~h''''' ii;"iirt'f': STATEMENTS OF POLICY HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCf. NO.: ORIGINAL LENDER: Corporation CURRENT LENDERlSERVICER: Cendant Mortgage Corporation Gary T. Euske and Deborah L. Euske 55 Little Run Road - Camp Hill, P A 17011 0002792596 Cendant Mortgage Corporation, CIkIa PHH US Mortgage HOMEOWNER'S EMERGEl\ICYMORTGAGE ASSISTANCE PROGRAM YOu MAYBEELIGmU FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HtlME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACf 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 PROSPECf 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 fortbirty (30) days from the date of Ibis 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. TInS 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. CONSUMER CREDIT COUNSELING AGENCIES-If vou meet with one of the consumer credit counselinl! al!encies listed at the end oflbis notice the lender mav NOT take action al!ainst vou for thirtv (30) daYS after the date oflbis meetinl!. The names. addresses and teleohone numbers of desil!llated . consumer credit counselinv al!encies for the county in which the oroDerlV is located are set forth at.the end of this Notice. . It is only necessary to scheduleoile face-to-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSIST ANCE- Your mortgage is in a default for the reasons set forth later in Ibis Notice (see following pages for specific information about the nature of your default.) !fyou have Died and are unable to resolve Ibis problem with the lender, you have the right to apply for fmancial 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 Ibis 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, EXHIBIT A - , " ~ ......" . I ~~,~~:,,~ FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPUCATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACfION-Available funds for emergency mortgage assistance are very limited. They will be disbUlSed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency bas sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pUlSued against you if you bave met the time requirements set fonh 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 ATfEMPT TO COLLECT THE DEBT. If ou have filed bankru te ou can still a I for Emer enc Mor a e Assistance. HOW TO CURE YOUR MORTGAGE DEF AUL TfBrin" it uo todatel. NA TIJRE OF THE DEF AUL T- The MORTGAGE debt held by the above lender on your property located at: 55LittJe Run Road-Camp Hill,PA 1701118 SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONfHL Y MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: 10/1/00 thro 1211100 at Sl,130.96 per month. Monthly Payments Plus Late Charges Accrued S3,478.54 NSF: SO.OO Inspections: $0,00 Other: $0.00 (Suspense): ~ Total amount to cure default $3,478.54 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACfIONS (Do not use if not aDDlicable): NIA HOW TO CURE THE DEF AUL T- You may cure the default within TIllRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,478.54, 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 ormonev order made oavable and sent to: CENDANT MORTGAGE CORPORATION, 6000 Atrium Way, Mount Laurel, NJ 08054, Attention: Collections Department You can cure any other default by taking the following action within TIllRTY (30) DAYS of the date of this letter. (Do not use if not anolicable.) NI A. IF YOU DO NOT CURE THE DEF AUL T-Ifyou do not cure the default within TIllRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ri"hts to accelerate the mort"a"e debt The means that the entire outstanding balance of this debt will be considered due i1mnediately 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 TIllRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure UDon your mortlla2e nrODertv. 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, if legal proceedings are started against you, you will have to pay all teasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount to the lender, which may also include other reasonable costs. If vou cure the default within the THIRTY (30) DAY Deriod. vou will not be reDuired to Dav attornev's fees. EXHIBIT A -' ,'~" . - ,., ,-,,~ '''::':' OlHER 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 bave not cured the default within the TIIIRTY (30) DAY period and foreclosure proceedings bave begun, YOU still bave the rimt to cure the default and Drevent the sale at any time no to one hour before the Sheriff's Sale. You may do so bv Davin2 the total amount then Dast due. Dins any late or other chart!es then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as $Decmed in writin2 bv the lender and bv oerfOrmin2 any other reauirements under the mortl!ll2e. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you bad never defaulted EARLIEST POSSffiLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be beld 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 wbat the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Cendant Mortgage Corporation 6000 Atrium Way Mount Laurel, NJ 08054 Tel: (800) 257-0460 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 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 PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITIJTION TO PAY OFF TIllS DEBT. . TO HAVE TInS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSmON AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER. YOU NOT HAVE TIllS RIGHT TO CURE YOUR DEFAULT MORE THAN UiREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY O1lIE&LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER' . TO SEEK PR.OTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER. CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATIACHED Very truly yours, CENDANT MORTGAGE CORPORATION Cc: Cendant Mortgage Corporation Arm: Collections Department Account No.: 0002792596 Mailed by I" Class mail and by certified Mail No: 7106-4575-1294-1441-6647,6654 EXHIBIT A '. L"le,_ ~ '"'";~. . , PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDrr COUNSELING AGENCIES (REV. 8/00) - - LycomiDS.ctinrllll COUIIIics Commisicllllilr Communily Action (S1EP) - 2138 Lincoln Su= P,O. Box 1328 WiUiamsport, P A 17703 (370) 326-0587 FAX (570) 3ZZ-2197 CCCSofN""""""'PA 201 SuiD Su= WiUiamsport, PA 17703 (570)323~7 FAX(570)3~6 31 W. Market Su= POS 1127 WiUra-Bane,PA 18702 . (570) I12Hl837 0< (800) 922-9537 FAX (570) 112I-1715 CLINTON COUNTY tDLlIMBlA COUNTY Commission on E<OnOII1ics 0pp0rluDi&y ofl.uzine CCIUIIIy 163AmberLano Wilka-Bam. PA 18702 (570) 826-0510 or (800) 822~3S9 FAX (570) 1129-166i-{CaII Bcfbn FaxiDsl (570)455-4994 _ FAX (570) 455-563I~CaII Bcfbn FaxiDsl (570) 836-4090 T........"""" Scokor T. Washin.... C.... rno Holland C_ Erie, PA 16503 (814) 453-5744 FAX (814) 5749 John F. Kennedy C....... In.. 2021 East 20'" Su= Elie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CCCS ofWostem Pennsylwnil.lnc. 2000 LinslestllWll Road Harrisburg, PA 17102 (717) 541.1757 Urban I.casuc ofM.....,.,.i.... HanislIurI . N. 6. SIIeCt . . Harrisburg, PA 17101' (717) 234-5925 FAX(717)2J4094j9;, Communily Aclion C_oldle Capilli a.pa 1314 Deny S_ Harrisburg, PA 17I00f'; (717)232-9757 FAX(117)234-22tt r.'RA WJ'ORD COUNTY CUMBDLlND COt1NTY CCCS ofN............. PA 1631 SoulII_ St. Suillll00 SIlIlIlCollege, PA 16801 (814) 238-3668 FAX (814) 238-3669 . \4(JC) Abin..... Excc:ulive Puk Sui1IlI Clados SUlllDlit, PA 18411 (570) 587-9163 0<(800) 922-9537 FAX (570) 587-9134-9135 o...w Erie Communily Aclion Commi_ ' 18 W... 9'" su= Erie. PA 16501 (814) 45904581 FAX (814) 456-0161 '\lien.... Valley UrbaIl Loque, lnc. 601 IadiaIlaA_uc FamI1. PA 16121 (412) 981.mO F"manciaI CouaseIin!! Services ofFnnklin 31 W...3'"S_-' Waynesboro, PA 11268 (117) 762-3285 YWCA of Carlisle 301 "G" S_ Carlisle,PA 11013 . (717) 243-3818 .FAX (71~ 731-9S89 Adams COUllly Housina AuIhority 139-143 Carlisi. St. 00l1ysburg, PA 1732S (717) 334-1518 FAX 334-8326 PE.'lNSYL VANIA BULU:TIN, VOL D. NO. 23,.JUNE 5. 1999 EXHIBIT A ALL that certain piece or parce~ of land, situate in the Town~h;o of Hamodeo, County of Cumberland, Commonwealth of pennsylvania, more particularly l:>ounded and descril:>ed as follows, to wit: BEG~NNrNG at a point on the Southern line of Little Run Road which point is at the dividing line between Lots Nos. 347 and 348 on Plan of Lots hereinafter mentioned; THENCE South 1.2 degrees 3l minutes East and a1.ong the dividing l.ine l:>etween Lots.Nos. 347 and 348 on Pl.an of Lots hereinafter ment~onQd, a distance of 105.0S feet to a point on the" rear lot line of Lot No. 209 on P1.an of Lots hereinafter mentioned: Tll.F;NCE North 77 degrees 29 minutes East and along parts of rear lot lines of Lots Nos. 209 and 208, a distance of 80 feet to a point at the dividing line l:>etween Lots Nos_ 348 and 349 on Plan of Lots hereinafter mentioned: and along the on Plan of Lots feet to a point THENCE North 1.2 degrees 31. minutes West dividing line between Lots Nos. 348 and 349 hereinafter mentioned, a distance of l05.05 on the southern line of Little Run Road; THENCE South 77 degrees 29 minutes West and along the Southern line of Litt~e Run Road, a distanoe of 80 feet to a point, the point and place of BEGrNN~NG_ ....r_ " BEING Lot No. 348 on Plan of Lots known as Part of country .-;;, Clul:> Par]~ which plan is recorded in the Office of the, Recorder of Deeds in and for Cumberland County in Plan Bool< 'j 37, page 80. . . ~ . HAVING THEREON erected the premises known as and numbered '.~ 55 Little Run Road, Camp Hill, Pennsylvania. , BE~l'lG the same premises which Howard C. Gale Development Co. f Inc., a Pennsylvania corporation, by its deed dated. July 1.2,1.982, and recorded in the Office of the Recorder of Deeds in. and for Cumberland 'County. Pennsylvania, in Oeed Sook v, Volume 29, .paqe 4381 granted. and conveyed unto Michael. R. Folmer and Brenda Wake1.y-Folmer, his ..it., Grantors herein. UNDER AND SUBJECT to the following restriction which shall .- be construed as a covenant running with the land: '1'71. ,.;, property herein described Shall not be used at any time tor ,.;;;, a beauty parlor or barber shop. No trailers or mobile hO_" '.' are to be permitted on the premises at any time. " .~ AND the said grantors do hereby S P E C ~ ALL Y the property hereby conveyed. warrant 'Ii IN WITNESS WJ:lEREOF I the said grantors have hereunto ..t .;.~ their hands and seals the day and year first above writ:t.e:n. &{ SIGNED, SEALED AND D~LIVERED IN THE PRESENC~ OF PREMISES: 55 LITTLE RUN ROAD , .. -., .> , " .'c _C I , "n,," ~",,'" , .c' .'" VERIFICATION MARK HlNKLE hereby states that he is V.P, ofCENDANT MORTGAGE SERVICES mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and. correct to the best of his knowledge, infonnation and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S, Sec. 4904 relating to unsworn falsification to authorities. Jtb.t}/.d ( DATE: Zll/~I It ,.;, :,'--' .-- :. ;" <i,;'i: b ~..._~~~~_._._,,_"'w,.,,~"'_,'""'_..'_., " 2ft ~~ 1lt ~' :". ~~ \)0: ~ ,,- " ,~>,J"lIIi!ii.ii~' ~,~ o C' C~ -.. fE ;; OJ> I ~(~ ; ;r;:,j - c: 2: " ::::! :n 0:> \S) '--'. .- -~ i '-::,;<:) ',_ uj_, r "1.~ "r '! fJ. ,~~ )>' :u -< , "'~,.......,'~ ~ > hJ:li ....... 1 ~ CASE NO: 2001-00748 P SHERIFF'S RETURN - REGULAR ~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORP VS EUSKE GARY T ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE EUSKE GARY T was served upon the DEFENDANT , at 0015:49 HOURS, on the 8th day of February, 2001 at 55 LITTLE RUN ROAD CAMP HILL, PA 17011 by handing to GARY T. EUSKE a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Aff idavi t Surcharge 18.00 8.06 .00 10.00 .00 36.06 Sworn and Subscribed to before me this J t- ~ day of J'~-., "::.,1 J-6-o I A. D. ~t2~ - Prothonotary ,~ So Answers:. ~ r~~~ . R. Thomas Kline 02/09/2001 FEDERMAN & PHELAN i? BY:~ ~ Deputy S lff ,~, "" ,," ..,~, ,- . ~"_L' SHERIFF'S RETURN - REGULAR , , ~ ~SE NO: 2001-00748 P . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORP VS EUSKE GARY T ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon EUSKE PEBORAH A/K/A DEBORAH LYNN EUSKE the DEFENDANT , at 0015:49 HOURS, on the 8th day of February, 2001 at 55 LITTLE RUN ROAD CAMP HILL, PA 17011 by handing to GARY T, EUSKE (HUSBAND) a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 ;;~~~~~ R. Thomas Kline 02/09/2001 FEDERMAN & PHELAN Sworn and Subscribed to before By: me this Jt. ~ day of J:.~,;2qv/ A.D. !,(~O~~ prothonotary I '" . " , '"'--,".,-- -'-it,. FEDERMAN AND PHELAN, LLP BY: FRANCIS S. HALLINAN Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Cendant Mortgage Corporation, F /KA PHH US Mortgage Corporation Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. Cumber/and County Gary T. Euske Deborah L. Euske A/KJ A Deborah Lynn Euske Defendants No. 01-748- Civil PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. X Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date:~ ~dA (. ?ldl rancis S. Hallinan, Esquire Attorney for Plaintiff ~ ~W~l~dj~lf,jtYW~W~",'l<j;~';;.l.io;,i!>-B,a.."";',~~,bi^~~iti~~- ~ . ~ ,". ,. ~ '" _, - '""',J. =~~ ~.. ~.' 0 .1 ""~",--,. ,"'.,,_~, - , ~ _ ._~ J "'" 'I i I I I "', c::::> c;':) ~.... C) C:i -l ~ :r!::n rf'Ir- -om :01' <::)0 ~~i "I'!l (:5 ::n --0 ;5111 >-t ;Jo> :J'.J -< ~..... .) --."J C.') J:-