HomeMy WebLinkAbout01-1250 FX
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MATTLEMAN, WElNROTH & MILLER
BY: SHARON ORAS MORGAN, ESQUIRE
Attorney ID# 60068
Suite 2226, Land Title Building
Broad & Chestnut Streets
Philadelphia, P A 19110
(215) 923-2225
INTERBA Y FUNDING, L.L.C. AS SERVICER FOR COURT OF COMMON PLEAS
FIRST UNION NATIONAL BANK AS INDENTURE CUMBERLAND COUNTY
TRUSTEE
2601 SOUTH BA YSHORE DRIVE, 4lH FLOOR
MIAMI, FL 33133
Plaintiff
vs.
No.: 01 - r:J.$b
Gul-T~
RICHARD H. FREY AIK! A
RICHARD HOWARD FREY
317 STATE STREET
ENOLA, P A 17025
CIVIL ACTION MORTGAGE
FORECLOSURE COMPLAINT
Defendant(s)
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NOTICE
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 judgement 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
41H FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
1-717-240-6200
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NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
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1. This communication is from a debt collector. This is an attempt to collect a debt
and any information obtained will be used for that purpose.
2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days
after receipt of this notice, the debt will be assumed to be valid by our offices.
3. If you notify our offices in writing within 30 days of receipt of this notice that the
debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt
or copy of the Judgment against you, and a copy of such verification or judgement will be mailed
to you by our offices.
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MATTLEMAN, WElNROTH & MILLER
BY: SHARON ORAS MORGAN, ESQUIRE
Attorney ID# 60068
Suite 2226, Land Title Building
Broad & Chestnut Streets
Philadelphia, P A 19110
(215) 923-2225
INTERBA Y FUNDING, L.L.C. AS SERVICER
FOR FIRST UNION NATIONAL BANK AS
INDENTURE TRUSTEE
2601 SOUTH BA YSHORE DRIVE, SUITE 400
MIAMI, FL 33133
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff
vs.
No.:
RICHARD H. FREY A/KJA
RICHARD HOWARD FREY
317 STATE STREET
ENOLA, P A 17025
CIVIL ACTION MORTGAGE
FORECLOSURE COMPLAINT
Defendant(s)
CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT
1. Interbay Funding, L.L.C. as servicer for First Union National Bank as Indenture
Trustee ( hereinafter referred to as "Plaintiff') is a mortgage corporation, conducting business
under the laws of the Commonwealth of Pennsylvania and brings this action to foreclose in the
Mortgage executed between Richard H. Frey a!k/a Richard Howard Frey, mortgagor hereinafter
referred to as "Defendant" and Ameriquest Mortgage Company. Said Mortgage is dated
December 23, 1999 and was recorded in the Office of the Recorder of Deeds of Cumberland
County on January 3,2000 in Book 1590 page 394. A copy of the Mortgage is attached hereto
and made a part hereof as Exhibit" A". Said Plaintiff is the proper party plaintiff herein by way
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of assignment to be recorded.
2. The Mortgage secures Defendant's Note dated December 23, 1999 in the amount of
$24,200.00 payable to Plaintiff in monthly installments with an adjustable interest rate. A copy
of said Note is attached hereto and made a part hereof as Exhibit "B".
3. The land subject to the mortgage is:
317 State Street, Eno1a, P A 17025
A copy of the legal description is attached hereto and incorporated by reference.
4. The Defendant(s), Richard H. Frey a!k/a Richard Howard Frey is the Real Owner of
the land subject to the mortgage. The Defendant(s) mailing address is 317 State Street, Eno1a,
PA 17025.
5. The Mortgage is now in default due to the failure of the Defendant to make payments
as they became due and owing. The following amounts are due:
Principal Balance
Interest Calculated to February 25,2001
Late Charges
Unapplied Funds
Attorney Fees (5% of principal balance)
Total
$ 24,001.13
$ 2,356.78
$ 58.86
$ 100.00
$ 1,200.06
$ 27,716.83
plus interest from 02/26/01 at $9.40 per day, costs of suit and attorney fees.
6. In accordance with the provision of the Act of January 30, 1974, P.L. 13 No.6,
Section 403 (41 P.S. 403), a Notice of Intention to Foreclose MortgageINotice of Homeowner's
Emergency Mortgage Assistance was sent to the defendant by regular mail and certified mail on
October 25, 2000. A copy of the Notice is attached hereto and made a part hereof as Exhibit
"C". The Defendant has not cured the default.
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WHEREFORE, Plaintiff requests the court enter Judgment in Mortgage Foreclosure for
the sale of the mortgage property in Plaintiff s favor and against the Defendant, in the sum of
$27,716.83 together with interest from 02/26/01 at $9.40 day, costs of suit and attorney
fees.
MATTLEMAN, WEINROTH & MILLER
BY:
Sharon Gras Morgan, Es e
#60068
902/55210
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MATTLEMAN WEINROTH MILLER
VERIFICATION
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I, Kathleen M. C:ovic . state that I am the Assistant Vice President of Interbay
Funding LLC. servicing agent for First Union National Bank. Plaintiffherein; that I
am acquainted with the facts set forth in the foregOing Complaint; that the same In'e true and
correct to the best of my knowledge, information and belief; that this statement is made subject
to the penalties of 18 Pa.C.S. section 4904 relating to e uns orn falsification to authorities.
Kathleen M. Sovic
Vice President, InterBay Funding, L.LC.
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Parcel Number;
(Sp." Above This Line For RocordIDg Dalal
Whtln recorded mail to:
AMERIQUEST MORTGAGE COMPANY
P.O. BOX 11507
SANTA ANA. CA 92711
Loan No. 14625388.5691
MORTGAGE
THIS MORTGAGE ("Security Instrument") is given on
RICHARD HOWARD FREY
December
("Borrower"). This Security Instrument is given to
- AMERIQUEST MORTGAGE COMPANY
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23, 1999
. The mortgagor
which is organized and existing under the laws of the Stale of DelawllIC , and who
address Is 1100 TOWN & COUNrRY RD., STB. 200
ORANGE. CA 92868 ("Lender"). Borrower owes Lender the principal sum I
Twenty Four Thousand Two Hundred and nol100--------------------------.............--
--.-......----------------------------.-...............-...- Dollars (U.S. $ 24,200.00
This debt is evidenced by Borrower's note dated the same dare as this Security Instrument ("Note"), which provides fj
montJUy payments, with the full debt. if not paid earlier, due and payable on January 1, 2015
This Security IllIllJ:ument seeures to Lender: (a) !!te repayment of the debt evidenced by the Note, with imerest. and all renewal
extensions and modifications of the Note; (b) the payment of all other sums, wilh interest, lldv~ under paragraph 7 :
protect the security of this Security Instrument; and (c) the perfonnance of Borrower's covenamsaod agreements under th
Security Instrument and the Note. For this purpose, Borrower dQes hereby mortgagc, grant and convey to Lender the followiI
described property lcealed in CUMBERLAND County, Pennsylvani
I.EGAL DESCRIPTION AlTACHED HERETO AND MADRA PART HERI!OP
which has lhc address of 3 17 ST A'IE ST
PClUIsylvania 17025
pENNSYLVANIA.Single Femily.FNMA/FHLMC
UNIFORM INSTRUMENT Form 3~8 9/90
....eHIPAII..,01.02 Amend 3
Page 1 1)18 400-1PA (n:v. 2J9i) Inltl8J8:
VMP MOR'rOAGE FOAMS. t8001S21-n9
ENOLA
[Zip end.) ("Property Address");
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To: 'Ameriquest ClImp l!ill Ii SusIFrolll: Buil YilnAukcnl
A.L T A Commitment
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COMMITMENT FOR TITLE INSURANCE
12/23/99 82
SOHEDULE
A CONTINUED
Commitment No. PACU1290283
LQgal Deecription
ALL that tract or p..rc.l of lan<\ .ituate in the Borough of w..t Fa:lrview. C1.lI1lberl..n<\
County. Pennsylvania, bein!if 1\\Ore particularly bounded. and des=ih.cl. ae followe,
a2(UNNING at a point: at the corner of lande of John Mill..", and the 8tate Roa"', th.nce
in an eaeterly cou...... along ..aid road fift:y nin.. (59)f....t to the corne'" of a ten
(10) feet ~ide alley; th..nce in a northernly coune by said alley (partly) fifty five
(55) feet to the run; thence up ..aid run, in a northwestsrnly ClOU"'SS, sixty eight (68)
feet to a "orner adjoining 11.upl..y lot at: the run; theno. in a northwesternly "ou",ee,
by said run fifty eight (S8J feet to a point at the comer of land of John Hiller
(formerly Mrs. Israel); thence py said land of John Miller one hundred seven (107J
feet more or 1..... to the place of BBGINNXNG.
It being improved by a one story fr...... dw..lling bous.., known as 317 State at"'eet. West
Fairview, ,Penneylvania.
This c:anaI~ 1s 1nvalid unl$Ss the 1nslll'1ng prowlS1..... and Schedules" ond a are attoclwld
Chicago Tiltle In..urance CO"i'any
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TOGETHER WITH alllhc im!ements now O~ herealler erected on the pml, and ail easements, appurtenances, and
fixtures now or hereafter a part of the property. All replaccllleIlts and additions shall also be covered by this SCl.:urity
InsttUJtJcnt. All of the foregoing is referred to in this Security InstrumL'DtlUl the "Property. "
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby convcyw and has the right to mortgage,
gram and convey the Property and that the Property Is unencumbered, except for encwnbraneCll of record. Borrower warrants
and will defend gcnerally tbe title to the Property again.\t all claims .and demands. subject to any encumbrances of record.
THIS SECURITY INSTRUMENT comblne.~ uniform covenants for national \lSe and non-unifonn covenants with limited
variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the
principal of and h\tcfest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Funds for Taxes and IlIIlurance. Subject to applicable law or to a wrilten waiver by Lender, Borrower shall pay to
Lender on the day IIlOnthly payments are due under the Note, until the Note is paid in full, a sum ("Fnnds") fo~: (a) yenrly taxes
lmd assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments
Or ground rents on the Property, if any; (c) yearly hazard or property lnsur.mce premiums; (d) yearly flood insurance pl'L"ttJiums,
if any; (c) yem'ly mortgage insurant;e premiums, If any; and (I) any BUIDS payable by Borrower to Lender, in accordance with
the provisions of paragraph 8, in lieu of the payment of IIlOrtgage ill$urance premiums. These items are called "Escrow ltlmls."
4'Ilder may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a lixlerally
related mortgage loan may l1lquire for Borrower's escrow aA:COUIIt under the federal Real Estate Settlement Procedures Act of
1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA "), unless another law that applies to the Funds
sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount.
Lemler may estimate the amount of .Funds dIU: on the basis of current data and reasonable estimates of expenditures of future
Escmw Items or otherwise in accordance with applicable law.
The Funds shall be held. in an institution whose deposits .are Insured by a federal agency, ill$truInentality, Dr entity
(including !.t.nder, if Lender is such an institution) or In any Federal Home Loan Bank. l..ertder shall apply the Funds to pay the
Escl'Ow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account. or
verifying the Escrow Itetll$, unless Lender pays Borrower interest on the Funds and applicable law pennits Lender to make such
a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service
Wled by Lender in connection with this loan, unless applicable law provides otherwise. UDless an agreement is made or
applicable law requirosinterest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds.
Borrower and Lender may agree in writing, however, that interest shallbe pail.! on the Funds. Lender shall give to BOlrower,
without charge. an annual aCcounting of the Funds, showing eredits and debirs to the Funds and the purpose for which each
debit to the Funds was made. The Funds are pledged as additional Sel,'urity for all SUlllS secured by this Security Instl'UlJlellt.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shaIl account to Borrower
lor the exce.'lS FIllIds in accordance with the requirements of applicable law. If the anlO\IlIt of the Funds held by Lender at any
time is not sufficient to pay the BsL'tow Items when due, Lender may so notify Borrower in writing, and. in such case Borrower
shall pay to Lender the amount nC1::eB&ary to make up tlte deficiency. Borrower shall make up the deficiency in no IIlOre thilll
twelve monthly payments, at Lender's sole discretion.
Upon payment In full of all sums secured by this Security Insl:t'lln1ent. Lender shall promptly refund to Borrower any
Funds held 1)y Lender. If, under paragraph 21, Lender shall acquire. or sell the Property, Lender. prior to the acquisition or sale.
of the Propeny, shall apply any Futtds held by Lender at the time of acquisition or sale as a credit against the surns secured by
this Security Insttument.
3. Application of p."ymentB. Unless applicable law provides otheIWise, all payments received by Lender under paragraphs
I and 2 shall be applied: fll'St. to any prepayment charges due under the Note; second, to amounts payable under paragrapb 2;
third, to inlt.orest due; fourth, to principal due;ilIld last, to any late charges due under the Note.
4. Charges; Licns. BoJ'l'()Vier shall pay all taxes, assessments, charges, fines and Impositions attributable to the Property
which may attain priority over this Security Instrument, and leasehold paymenL, or ground rents, if any. Borrower shall pay
thcse obligations in the manner 1>rovided in paragraph 2,. or if not paid in that manner. Bprrower shall pay them on time directly
to the person owed payment. Borrower shall promptly furnish to Lender all notices of ali)Ounts to be paid under this paragraph.
If Borrower makes these payttll;ll\ts directly, Borrower shall promptly furnish to Lender rllceipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in
writing to the payment of the obligation secured by the lien in a manner acceptable to Lemler; (h) contests in good faith the lien
hy, or defends against enforcement of the lien in, legal proceedings which in th~ Lender's opinion operate to prevent the
enforcement of the lien; or (c) secures from the boll.!cr of the lien an agreement satisfactory to Lender subordinating the lien to
this Security. Instrument. If Lender determines that any part of tlte Property is suhject to a lien which may altain priority over
this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower Eall sati fy the lien or take one o[
more of the actions set forth above within IO days of the giving of notice. In..~~
.~.6H(PA) '."01.02 <OO-lI'A(~.2J9S\ P...~"'$ Loan No, 1 25388-5697 Form 3039 9190
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S. lillznrd or Property Insulee, Borrower shall keep the improvementstw e'listing or hereafter erected on me
Property insured against loss hy fire, hnzards included within the term "extended coverage" and any other hazards, includin!
noad. or noodlng, for which Lender requires insurance. This insurance shall be maintained in the amounts and for me periOdl
that Lender requires. The insurance carrier providing the insurance shall be ehosen hy Borrower subject to Lender's approva
which shull not be unreasonably withheld. If Borrower fails to maintain coverage described above, u.'Dder lIlllY, nt Lender'!
option, obtain coverage to protect Lenucr's rights In the Property in accordance with pnragraph 7_
All insuranee policies and renewal. shall be acceptable to Lender and shaJllnelude a standard mortgage clause. Lendet
shall hav", the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts 01
paid premiums and renewal notices. In the event of loss, Borrow~'r shall give prompt notice to the insurance carrier and Lend~'r.
Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the
Property damaged, if the restoration or repair is economk:ally feasible and Lender's security is not lessened. If the restoration 01
repair is 110t economically feasible or Lender's security would be lessened, the ill8urance proceeds shall he applied to the sums
secured by this Secnrity Instrument, whe!her or not then due, with any excess paid to Borrower. If Borrower abandons tile
Property, or does not answer within 30 days a notlce from Lender that the insurance carrier hllll offe.red to settle:. claim. then
Lender may collect Ihe insurance proceeds. Lender may use the proceeds to repair or restore the l'roperly or to pay sums
sccured by this Se<..'Urity Instrument, whether or not then due. The 30-day period wlII begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend 01:
postpone the due date of the monthly payments referred to in paragl'll1'hs 1 and 2 or change the amount of the payments. If
under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from
damage to the Property prior to the acquisition shall pass to l..onder to the exte:ilt of the sums secured by this Seeurity Instrument
immediate! y prior to the acquisition.
6. Oceupancy, PreserVation, Maintenance and Protedlon of the Property; Borrower's Loan Application;
Lensebolds, Borrower shall Olx.'Upy, establish, and UBe the Property as Borrower's principal residence within sixty days after the
c.~'Cution of this Security Instrl11l1eltt and shall continue to occupy the Property as Borrower's principal residence for at least one
year after the date of occup~, unless Lender otheIWise agrees in writing, which eonsent shaII not be unreasonably withbeld,
or unless el<tenuating .circumstances exist which are beyond Borrower's control. Borrower sbaII not destroy, damage or impair
the Property, allow the Property to deteriorate, or commit waste on the Ptoperty. BOl'l'Ower sball be in default if any forfeimre
. action or proceeding, whether civil or criminal, is begun !bat in Lender's good faith judgment could result'ln fOl'feilure of the
Property or otherwise materially impair the lien created by this Security Instl'llft\ent or Lender's security interest. Borrower may
cure such a default and reinstate, as provided in paragraph 18, by causing the ,action or 'Proceeding to be dismissed with a ruling
that. in Lender's good faith de~ation, precludes forfeimre of the Borrower's interest in the Property or other material
imjlaIrment of the lien created by this Security Instrun'lent or Lender's security interest. Bonower shall also be in default if
Borrower, during the loan application process, gave materially false or Inaccurate information or statements to Lender (or failed
to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited
to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is (\1\ a
leasehold, Borrower shall conlply with all the provisions of the lease. If .Borrower acquires fee title to the Property, the .
leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in
this Security Instrument, or there is a legal proceeding that may significantly aflCct Lender's rights in the Property (such as a
procet.-ding in bankruptcy, probate, for condemnatioo or forfeinlre or to enforce laws 01' regulations), then Lender may do and
pay for whatever Is necessary to protect the value of the Pl:operty and Lender's rights in the Property. Lender's actions may
include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying
relll$Omlble attorneys' fees and entering on the Property to make n.'Pairs. Although Lender may take action under this paragraph
7, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this
Security Instrument. Uuless Borrower and l..ender agree to other terms of payment. these amounts shall bear interest from the
date of disbursement at the Note rate lU:Id shall be payable, with Interest, uJlOtl ootice frOl'l\ Lender to Borrower requesting
payment.
8. Mortgage Insurance. If Lender required mortgage insurance as n condition of making the loan secured by this Security
Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the
mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to
Obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the
cost to Borrower of the mortgage insurance previously in effect, from an altelIJllIe mortgage insurer approved by Lender. If
Substantially equivalent mortgage insurance coverage is not available, Borrower shalJpaY to Lender each month a sum equal to
onNwelfth of the yearly mortgage Insurance premium being paid by Bon:ower when the insurance coverage lapsed or ceased to
be in efftlCt. Lendc..'l" will accept. use and retain these payments as a loss reserve in lieu ot:' mort age insurance. Loss reserve
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G -6H(PAl""OI.02 ol\lO-'PA {"". 2I'l8l P.,. 2 of' I~oan No. 14625388-5697 Fonn 3039 9/90
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raymenls may no IOllg~'[ be requb:ed. at the optiOll of Lender, if mortgage insurance"'roverage (in the amount and for Ihe perm
Ihilt Lell~cr requi~c") provid~ ~y an insurer app=ov roo by ~nder again becomes available and is obtained. Borrowcr shall pa.
the prcmlllms reqUIred to IMmtam mortgage insuran m etfect. or to provide a loss reserve, untii the requirement for mortgag
insur311cc cnds in accordance with any written agr . "nt between Borrower and !.I.-nder or applicable law.
9. Jnspooti(tn. Lender or its agetll may make rl'llsonable entries upon and inspections "r me Property. Lender shall giv,
BOrl\lWer nmice at thc time of or prior 10 an inspection specifying reasonable Cause for the inspection.
1(1, Condemnation. The proceeds of any aWm[d or claim for damages, direct or consequential, in conneclion with an'
condenl1llltion or other taking of any pan of the l?roperty. or for conveyance in lieu of condemnation, lire hereby assigned an;
$hilll be paid to Lender.
In the cvent of a total taking of the Property, th~ proceeds shall be appli~'d to the sums secured by this Security Instrument
whether or not then due, with any excess paid to Bdrrower. In the event of a partial laking of lhe Property in which the fail
lIlllrket value of lhe Property immediately before the I taking is equal to or greater than the amount of the sums secured by thil
Security Instrument Immedialely befOre the laking, u~ess Borrower lUld Lender otherwise agree in writing, the sums secured bl
this Securily lustnlment shall be reduced by lhe _nl of the pmceeds mulliplied by the following fraction: (a) the Iota
nmoWIl of the sums secured immediately before the [taking, divided by (b) the fair mukel value of the Property immediate!)
before the taking. Any balance shall be paid to Boq.ower. In the evcnt of a partial taking of the Propeny in which the fail
market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the
taking, unless Bocrower and Lender otherwise agree fn writing or unless applicabte law otherwise provides, the proceeds shall
be applied 10 . the swn.q secured by this Security Ins~t whether or not the sums are then due.
If the Property is abandoned by Borrower, or if; after notice by Lender 10 Borrower that the condemnor offers to make an
award or settle a claim t'or damage$, Borrower faUSj to telo-pond to Lender wllbin 30 days after the date the notice Is given,
tender is authorized to collect and apply the proceeds~ at its option, either to restoration or repair of the Property or to the sums
secured by this Security instrUment, whether or not tltbn due.
Unless Lender and Bonower otherwl$O agree in writing, any application of proceeds to principal shall not extend or "
postpone the due date of the monthly payments referrdd to in paragraphs I and 2 or change the amount of such payments. .,
11. narrower Not Released; Forbearance By ~der Not a Waiver, Extension of the time for payment Or modification ,
of amortization of tbe sums secured by this Security I1utrwnenl granted by Lender to any successor in inlerest of Borrower shall II
nOI operate to release lhe liability of the original Borrower or Borrower's successors in intorest. Le~ sha/lllot be required to
commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modity arnortizlWion i:
of the swns secured by this Se~'Urity Instrument by reason of any demand made by the original Bnrrower or Borrower's t
SUCCC>isors in interesl. Any forbeanmce by Lender in cX~'ICising any right or remedy shall not be a waiver of or preclude !be '
exercise of any right or remedy.
12. Successors and A.mgDs BOllud; Joint DDd Several Liabillt~; Co-signers, The covenants and agreements of Ihis
Security Instrument shall bind and benefit the successors and assigns of l..c::nder and Borrower, subject to the provisions of
paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security
Instrument but does not execute the Note: (a) lsco-signinll this Security Instrument only, to mortgage, grant and convey that
Borrower' 6 interesl in the Property WIder the tenl16 of this Security Instrument; (b) is not personally obligated to pay lhe sums
secured by this security InstrUment; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Security Instromenl Or the Note without that Borrower's consent.
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets IlllIXimum loan charges,
and that law is f1llll1ty interpreted 60 that the interest or other loan charges collected or to be collected in connection with the
loan exceed the permitted limits, then: (a) any such loan charge shaJl be reduced by the amount necessary to reduce the charge
10 the permitted limit: and (b) any sums already collected from Borrower which exceeded permitted limits wiII be refunded to
Bormwer. Lender may ehoose 10 make this refund by redllciQg the prilll)ipal owed under the Note or by making a direct
payment to Borrower. If a refund reduces principsl, the reduction will be treated as a partial prepayment without any
prepayment charge und~'f the Note.
14. Noliees, Ally notice to Borrower provided for in this Sewrity lnsltument shaJl be given by delivering it or by mailing
it by first class mail unless applicable law requires use of another method. The notice shall be directed to lhe Property Address
. or any other address Borrower designates by lIOtice to Lender. Any notice to Lend.er shaIl be given by fiIllt class mllil to
t.ender's address stated herein or any other address Lender designates by notice 10 'Burrower. Any notice provided for in this
Security Instrument shall be deemed to have been given to Bocrower or Lender when given as provided in this paragraph.
15, Governing Law; Severability. This Security Instrument shall be goveIl1ed by federal law ami the law of1he
jurisdiction in whi<lh the Property ia located. In the event that any provision or c1au.qe of this Security Instnnnent or the NOle
conflicts with applicable law, such conflict shall not affect other provisiolls of this Security Inslnnnent or the Note which can be
given effect without the conflicting provision, To this end the provisions of this SCl.'UriFtyDli t and the Note are declared
to be severable.
16. Borrower's Copy. Borrower shall be given one confonned copy of the Nole l1I\ is Security InsltUlllent.
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17, TralL~rer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or allY interest in i
is sold or Imnsferred (or if a bellelicilt.l interest in Borrower is sold or transferred and Borrower is not a llatural person) withou
LClld~r's prior written con"""t, Lender may. at ilS option, requirc immediatc payment in full ot' all sums secured by thit
Secutlly Instrument. However, this option shall nOI be exercisc'd by Lendcr if exercise is prohibited by federal law as of tl1.e dll!.
of this Security Instrument.
It' Lcnder exercises this option. Lender shall give Borrower notice of acceleration. lbe notice sball provide a period of no
ie.qs than 30 days from tllc dute tbe notice is delivel'Cd or mailed within which Borrower must pay all surns secured by Uti!
Security Instrument. If Borrower fails 10 pay these sums prior to the expiration of this period, Lender may invoke any remedie
permitted by this Security Instrument witbout further notice or demaodon Borrower.
18. Borrower's Ri'glrt to Reinstate. If Borrower =ts certain conditions, Borrower shall have the right to havt
enforcemL"IItof this Security Instrument discontinued at any lime prior to llie earlier or, (a) 5 days (or sucb otbtlf period al
applicable law may specify for reinstatement) before sale of the Propeny pursuant to any power of sale contained iD thi!
Sl:(.,'urity InstruIpent; or (b) entry of a judgment enfon;ing this Sa.'urity Instrument. Tbose conditions are that Borrower: (a) pay~
Lender all SurtlS which then would be due under this Security Instrl1mCnt and the Note as if no acceleration I\lId occurred; (b)
curcs any default of any other covenants or agreements; (c) pays all eKpenses incurred in enforcing this Security Instrument.
including, but not limited to, reasonable allomcys' fees; and (d) takes such action as Lender may reasonably require In assure
thatlhe lien of this Security InstfUlnent, Lender's ri~ts iD the Property and Borrower's obligation to pay the sums secured by
this Security Instrument shall continv.e unchanged. Upon reinstatement by Borrower, this Security Instrument and the
obligations secured hereby shall remain fully cffective as if no acceleration had occurred. However. this right to reinstate sball
notllJll:>ly in the case of accelcrationundcr paragraph 17.
19. Sale of Note; Change of Loan Servit\T, The Note or a partial interest in the Note (together with this Security
Instrument) may be sold one or more times wilhout prior notice to Borrower. A sale may result in a change in the entity (known
as the "Loan Servicer") that collects montl1J.y paymenl$ due under the Note and lliis Security Instrument. There also may be one
or more changes of the Loan Servicer uorelll!ed to a sale ofthc Note. Ifthete is a change of the Loan Servicer, Borrower will be
given wrlllen notice of the change in accordance with paragraph 14 aboveaod applicable law. The notice will state the name and
address of the new Loan Servicer and the address to which payments should be made. lbe notice will also contain any ollier
information required by applicable law.
20. liazllrdow; Substances.. Borrower shall not cause or pennl! lhe presence. use, disposal, storage, or release of aoy
II=rdous Sijbstances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the
Property that is in violation of any Environmental Law. The preceding two. sentences shall not apply to the presence, use, or
storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal
residential uses and: to maintenance of the Property.
Borrowet shall promptly give Lender written nqtice of any investigation, claim, demand, lawsuit or other actioD by any
governmentllI or regulatory agency or private party involving the Property and aoy Hazardous SUbstance or Environmental Law
of whiCh BOrrower bas. actual knowledge. If Borrower learns, or Is notified by any governmental or regulatory authority, that
any removal ~r other remediation of any Hazardous SUbstance affecting the Property is necessary, Borrower shall promptly take
all necessary temedjal actiollll in lU;COJ.'dancc with EnvironmentaI Law _ .
As used in this paragraph 20, "Ha1.ardous Substances" are those substaDCCll defined as tollic or hazardous sub~1ances by
Environmentaj l..aw and tile following substances: gasoline, kerosene, other flammable or tollic petroleum products, toxic
pesticides and,herbicidcs. volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in
Ihis paragrnpll 20, "EnvironmeDtal Law" means federal laws. and laws of the jurisdiction where the Property is located thai
relate to heallh, safety or environmental protectiou.
NON-UNIFO.RM COVENANTS. Borrower and Lender further covenant aod agree as follows:
21. A~~illeration; Remedies. Lender sball give notice to Borrower prior to aeceleration following Borrower's breach
of allY coven;mt or agreement in tbis Security ~trmnent (but not prior to aceeleration UDder paragraph 17 unless
appli~bIe law provides otherwise), Lender shall nlltlfy Borrower of, "mong otber things: (a) the default; (b) the action
required to cure the default; (e) when the default lllu6t be cured; and (d). that failure to cure the default as specified may
result in accelerati~n of the sums seeured by this ~urity In,'ll1'UIII.el1t, l'orecl~ by Judicial proceeding and sale of the
Property. LendershaII furthlir inform Borrower of the right to reinstate after aeeeleration and the right to assert In the
foredosore proceeding the nOll-exislcnce of II default or any other defense of Borrower to acceleration and foreclosure, If
the default is .not ~ured a.q specified, l,ender, at Its option, may require immediate payment in full of aD sums secured by
this Security Instrument withoDt further denumd . and may foreclose tbis Seeority Instrument by judicial proceeding.
Lender shall be entitled to coIled all expenses fueurred in pDr$llhtll the remedies provided in this paragraph 21.
including, but not limited to, attorneys' feea and costs of title evidente to the extent permitted by applicable law,
22. Re1ea.~e. Upon payment of all 8WtlS secm:~ by this Security Instrument, this Security Instrument and the eSlatt
convL'Yed shall termiDll1.e and become void. After such occurrence, Lender shal1 discharge and satisfy this Security Instrument
In Borrower. Borrower shall pay any recordation COSlS. Lender may charge Borrowcr a fee for releasing this Security
Instrument. but only if thc fee is paid to a third party for services rendered and the charging of the fee is permitted under
applicable law.
23. Waivers. Borrower. to the extent permitted by applicable law, waives and releases aoyerror or defects in proceedings
to enlorce this Security Instrument. and hereby waives tho benefit of any present or future laws providing for stay of execution, .
extension of time, exemption from attachrncnt. levy and sale, and homestead exemption.
Z4. Reinstatement Period, Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the
commencement of bidding at a sherlfrs sale or other sale pursuant to this Security Instrument. . .
25. Purchase MOIley Mortgage. If aoy of the debt secured by lhis Security Irst is Icnt to Borrower to acqUire htle
to tile 'Property. this Security Instrument shall be a pu-q;hase money mongage. n . \ ('"
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26. Int~I'cst Rate After' JUd~t. Borrower ag!'\.'t!S that the Interest rate payl at'r.er a judgment is entered on the Not,
or in an actio.t or mongage foreclosure sball be tbe rate payable from time tl) time under the Note.
27. Riders to tbis Seeurity Instrument, If one or mon: riders are executed by Borrower and recorded together with thil
SeI.'\I1"ity Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplemen'
the covenants and agreement.~ of this Security Insl1:'ul1lent as if tbe rlder{s) were a part of this Security Instrument.
[Check applicable bm<(es)]
[jJ Adjustable Rate Rider
o Graduated Payment Rider
o Balioon Rider
o VA Rider
D Condoininium Rider
D Planned Unit Development Rider
o Rate Improvement Rider
o Other(s) [specify]
01-4 Family Rider
D Biweekly Payment Rider
o Second Home Rider
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants co~nwned' this Security lDstrument and
in any ridet(s) executed by Borrower and recorded with it. ~ .
Witnesses: V ~ (Seal)
'/ ; RICHARd HOWARD P Y -Borrower
(Seal)
-Borrower
(Seal) (Seal)
-ROll1lwer -llonower
Certifiatc of Resideo.cc ~ .nI\
I, II n.Mh 1 J I IQ (,6"6.1; , do hereby cenify that the correct address of
Ihe within-named Mortgagee is 1100 TOWN & COUNTRY RD., STE. 200
ORANGE, CA 92868 ... _ _
Witness my hand this a~ day of ~ilnlbg...--
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known to me (or satisf~y proveii);i.<)~,~
person whose name i j subseribed to the within instrument and lll:l<nowledged that ~'II'e;.." ~ '.:i" :,'.\ .:,,.
executed the Sllme for the purposes herein contained. .'S9.l ..,......- ,'. '...""
IN W~T~SS ~HEREOF, I hereunto set my hand and official seal. 0 fJ.......... . \\~_ .
My CommISSion Expires: &.! L48..- I ~
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COMMONWEALTH OF PENNSYLVANIA,
. On this, the aaRb day of ~_U;\'1oobt.-v'"
personally appell1ed
?,tC"'QR\) ~~\'.) At-f...j
Notarial S~al
SUllan .6. Miller, NOlary Public
Camp Hill !loro. Cumb.'iand County
My Comrnlssion Expires June 24, 2002
..6HIPA.I!.4101.02 'IJO.6PA(1lEVlIIlo)
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Title of Of I"..,
Form 3039 9/90
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ADJUSTABLE RATE NOTE
(L1BOR Index. Rate Caps)
THIS NOTE CONTAINS -PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHI
PAYMENT. THIS NOtE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND 11
MAXIMUM RATE I MUST PAY.
Loan No. 14625388-5697
December 23, 1999
[Date]
ORANGE
[City]
CA
[State)
317 b'TATE ST
ENOl..A, PA 17025
[pmperty Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received. I promise 10 pay U.S. $ 24,200.00 (this amount
called "principal"). plus interest, 10 lheordllrofthe Lender. The I..enderis AMERIQUEST MORTGAGE COMPANY
I understand that the Lender may transfer this Note. The Lender or anyonll who takes this Note by tf1!lnsfer and who is entitllld
receive payments umler this Note Is celled the "Nota Holder."
2. INTEREST
Interest will be charged on unpaid principal untlllhe full amount of principal has been paid. I will pay interest at a yearly rate of
14.290 %. This interest rate I will pay may change In accordance with Section 4 of this Note.
The Interest rate required by this Secuon 2 and Section 4 of this Note is the rate I wUl pay both before and after any detal
described In Section 7(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I wIll pay principal and interest by making payments every month.
I will maka my monthly paymenl8 on the first day of each month beginning on l't'ebruary I . 2000
I will make these payments every month until I have paid all of the principal and interest and any other charges descrlb.
below that I may owe under this Note. My monthly payments wUl be applied 10 Interest before principal. If, on January
I , 2015 . , slid owe amounts under this Note, I wid pay thoSe amounts in full on that date, which is called II
"Maturity Date..
I will make my payments at:
50s SOUTH MAIN STREET, STE. 6OtlO
ORANGE, CA 92868
or at a different place if required by the Note Holder.
(S) Amount of My Initial Monthly Payments
Each of my initial /1Ionll1ly payments will be In the amount of U.S. $
change. .
327.02
This amount m,
(e) Monthly Payment Changea
Changes in my monthly payment will reDect changes in the unpaid principal of my loan and in the interest rate that I must pa:
The Note Holder will dstennine my new Interest rate anrj the changed amount of my monthly payment in accordance wi!
Section 4 of this Note.
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The interest rate I will pay may change on the fil$t day of JanlllU'Y 1 , 2003 . and on that ds
evIllY sixth month thereafter. Each dale on which my interest rate could (:/lange is celled a "Change Date..
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LOan No, 14625388.5697
(D) Limits on Interest Rate Changes
The inll;resl rate I am requited to pay at the first Change Date will not be greater than 17.290
or less than 14.290 %. Thereafter, my interest rate will never be Inereased or decreased on E
single Change Dale by more than One percentage point(s) ( 1.000 %) from ths n
of Jnterast I have belln paying for the preeedlRll sJx months. My inlernt /lite will never be greater than 20.290
or less than 14.290 %.
(E) EfI'8ctivl'/ Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginni
on the first monthly payment dele after the Change Date unlil the amount of my monthly payment changElS again.
(F) NotlClJ of Changes
'The Note Holder will deliver or mail to.me a notice of any changes in my interest rate and the amount of my monthly paymE
before the effective date of any change. The noUce will inelude information requillld by law to be given me and al$o the ti
and telephone number of a person who will answer any qUElStlon I may have regarding the notice.
5. BORROWE~'S RIGftT TO PREPAY
I may repay this Note at any time as provided for in this paragraph. If, within liVe (5) years from the date of the execution of t
Mortgage or Deed which sel:UIllS this Note, I meke a voluntary or Involuntary prepayment during any consecutive twelve (1
month periOd of any amount in excess of twenty percent (20%) of the orlglrnll principal amount of this Note, I agree to pa~
prepayment charge equal to six (6) months advance interest on all amounts paid In excess of my scheduled monthly payments tI
have coma due as of the date of prepllyrnent.
6; LOAN CHA~GES
If a law, which applies to this loan and which sets maximum loan charges, Is finally Interpreted so that the interest or other 10
charges coDecled or to be collected In connection with this Joan exceed the pennltted Ilmil$, then; (i) any such loan charge shaD
reduced by the amount necessary to teduee the charge to the pennitted limit; and Qi) any sums already collected 'from me whi
exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refUnd by reducing the principal I 0\
under this Note or by making a direct payment to me. If a refund reduces the principal, the reduction will be treated as a pari
prepayment.
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Lllle Charges for Overdue Payments
If the Note Holder has not Illceived the full amount of any monthly payment by the end of fifteen calendar days after I
date it ill due, I will pay a late charge to the Note Holder. The amount of the charge will be 6.000 % of my overdue paymE
of principal and Interest. I will pay this late charge prompUy but only onee on each late payment.
(B) Default
If I do not pay the full amount of each monthlY payment on the date It is due, I wiD be in default.
(e) Notice of Default
If I am in default, the Note Holder may send me a written notiClltelling me that If I do not pay the overdue amount by a cert!
date, the Nota Holder may require me to pay immediately the full amount of principal which has not been paid and all tl
Interest that I owe on that amount. The date must be at least 30 days after the date on which the. notice is delivered or mail.
to me.
(0) No Waiver by Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay Immediately in full as described above, Q
Note HCllder will ~1I1 have the right to do so If I am In default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note H/;llder has required me to pay immediately In full as described above, the Note Holder will have the right to I
paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Tho,
expenses include. for example, reasonable attorney$' fees.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering
or by mailing it by first class maR to me at the Property Addreoo above or at a different address if I give the Note Holder a notice
my different addreS$.
Any notice thai must be Qiven to the Note Holder under this Note will ne nlvP.O hv "",lIinn it hv Ii"" ~IA.. MAli In th.. I\In
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Loan No. 14625388-5697
11. UNIFORM SECURED NOTe
This Note is a uniform instrument with limited variatiomi In some jurisdlcUons. In addition, to the protections given 10 tho Nt
Holder undar this Note. A Mortgage, Deed of Trust or Security Deed (the 'Security fnstrumenr). dated .the same as this No
protects the Note Holder from possible losses which might result if I do not keep the proml$f;l$ that I make in this Note. That 1
Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounl
owe under this Note. Some of thosa conditions are described as follows:
Transfer 01 the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any Interest in it is sold
transferred (or if a beneficial interest in Botrower is sold or transferred and Borrower Is not a natural person) without the Lende
prior written consent. Lender may, at its option. require immediate payment in full of all sums seCllred by this Security Instrume
However. this option shall not be exercised by lender if exercise Is prohibited by federal law as of the date of this Secur
Instrument. lender also shall not exercise this option if: (a) Borrower causes 10 be submitted to lender inlol1'l1ation required
lender to evaluate the intended transferee as If a new loan were being made to the transferee: and (b) LendGr reasonat
determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach 01 any covenant
agreement in this Security Instrument is acceptable to Lendar.
To the eldentpermitted by applicable law. Lender may Charge a reasonable fee as a condition of Lender's consenllo the 10;
assumption. Lender. may al50 require the transfel'ee to sign an assumption agreement that is acooptable 10 lander and t~
obligates the transferee to keep all the promises and agreements made In the Note and in this Sllcurity Instrument. Borrower y
continue 10 be obligated under the Note and this Securily Instrument unless Lender relaases Borrower In writing.
If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The noti,
shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which the Borrower must Pi
all sums secured by this security Instrument. If BOfl'Owsr fails to pay thaSe sums prior to the expiration of this period. Lender m,
invoke any remedies permitted by this Security Instrument without further notice or demand on Bofl'Ower.
12. GOVERNING LAW PROVISION
This Note and the ralated Security Interest are governed by the Alternative Mortgage Transaction Perity Act of 1982,
12 use ~3802 at. seq., and. to the extent not inconsisterrt therewith. Federal and State law applicable to the jurtsdiction of II
Property.
Oral agreements, promises or commitments to lend money, extend credIt, or forbear from enforcing repayment of a dot
Including promises to extend, modify, renew or waive such debt, are not enfo~ble. This wrttten agreement contalns all tt
terms the Borrower(s) and the Lender have agreed to. Any subsequent agreement between us regarding this Note or tt
Instrument which .....ures this Note, must be in a signed writing to be legally enforceable.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
(Seal)
-Borrower
._(Seal
-l3orrowe
(Seal)
-Borrower
(Seal
-Borrowe
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JOml' C. MILLER, m
NATALEG. SAVASTAt
STEVEN Ii. FINKELSTEIN.
DELlA A. CLARK F
PAULD. AARONSON
MICHAEL J. MILSTEAD +
HELENE 8. RAUSH
ERIC L. METH
SHARON bRAS MORGAN
ADAMR.ELGARU
BUSE N. LAzARUS
MICHAEL J. KENNEDY
LYNNM. BOWLBY.
JOHN P. CONNORS
PINA S. WERTZBERGER
MELANIE J. THOMPSONIp
DAN C. PELLETIER+
MARIA A DANIEL
MATTLEMAN, WEINROTH & MILLER
A PROFESSIONAL CORPORATION
COUNSELLORS AT LAW
OF COUNSEl..
GEORGB 1. WElNR07H
HERMANMATI'LEMAN*
DOLORES M. BOJAZI
JOHN G. MULFOlWlp
GERALD J. PROFFITIt
PLEASEREP!..YTo:
PHILADELPlllA
OURFn.ENo.:
90Z/55210
MEMBERS OF TIlE NJ & PABARS
. NJ&FLBARS
* PABARONLY
+ NJBARONLY
., PA&DEBARS
F NJ,PA&DEBARS
... NJ &NYBARS
cp DEDARONLY
October 25, 2000
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortaaae on your home is in default. and the lender intends to
foreclose. Soecific information about the nature of the default is provided
in the attached paces
The HOMEOWNER's MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to
helo to save your home. This Notice exolains how the oroaram works
To see if HEMAP can helo. YOU must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF TH~ DATE OF THIS NOTICE. Take this Notice with YOU when
YOU meet with the Counselina Aaencv
The name. address and ohone number of Consumer Credit Counselina Aaencies servina your
County are listed at the end of this Notice. If YOU have any auestions. you may call the
Pennsvlvania Housina Finance Aaencv toll free at 1-800-342-2397. (Persons with imoaired hearing
can call (717) 780-1869.
40 1 RoUTE 70 EAsT
CHERRY HiLL, NEW JERSEY 08034
TEL: (856) 429~5507
FAX: (856)429-9036
LANDT1TLEB\JILDING SmrE2226
BROAD & OlESTNUT STREEtS
PHILADELPHIA, PENNsYLVANIA 19110
TEL:(215)923.2225
FAX:(215)567-4t51
200 CONTINENTAL DIUVB, SUITE 211
NEWARK,DaAWARE19713
TEL: (302)731-S349
FAX:(302)731-8753
1135 BR.OADSTREET, SU1TE207
CLIFTON, NI:w JERSEY 070 13
TEL:(973)365-6140
FAX: (973) 365-6143
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October 25, 2000
Page 2
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 n your area. The local bar
association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMORTANCIA, PUES AFECTA SU DERECHO
A CONTINUAR VIVIENDO EN SI CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE 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 DALVAR SU CASA DE LA PERDOD DEL DERECHO A REDMIR SU HIPOTECA
HOMEOWNERS' NAME:
PROPERTY ADDRESS:
Richard H. Frey
317 State Street
Enola, PA 17025
0000123748
Ameriquest Mortgage Company
Bay View Financial Trading Group, LP, an affiliate of
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDERlSERVICER:
InterBay Funding
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IFYOU COMPL YWITI:f THE PROVISIONS IF 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 you 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 ofthis Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30)
DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU BRING
YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE
YOUR MORTGAGE DEFAUL T"/ EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
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October 25, 2000
Page 3
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit
counseling agencies listed at the end of this notice, the lender may NOT take action against you
for thirty (30) days after the date of this meeting. The names. addresses and teleohone numbers
of desianated consumer counselina aaencies for the countv in which the orooertv is located are set
forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise
your lender immediatelv of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons
set forth later in this Notice (see following pages fir specific information about the nature or 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 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 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 P.ETlTION 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.)
HOW TO CURE YOUR MORTGAGE DEFAULT fBrina it UD to datel.
NATURE: OF THE DEFAULT - The MORTGAGE debt held by the above lender on your
property located at:
317 State Street
Enola. PA 17025
IS SERIOUSLY IN DEFAULT because:
October 25, 2000
Page 4
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months
and the following amounts are now past due:
July 1, 2000 to October 1, 2000 at $327.02 per month
Late Charges - $0.00
TOTAL AMOUNT PAST DUE: $1,308.08
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of this
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH
IS $1,308.08, 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:
Bawiew Fiancial Tradina Group, LP. an affiliate of Interbav Fundina
2601 South Bavshore Drive. 4th Floor
Miami. FL 33133
IF YOU DO NT 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. If
full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender
also intendsto instruct its attorneys to start legal action to foreclose upon your mortgaged
property.
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 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, reasonableattomey'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.
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October 25, 2000
Page 5
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 FIVE
(5) 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 of action
will be by contacting the lender.
HQW TO CONTACT THE LENDER:
Name of Lender: Bayview Financial Trading Group, LP, an affiliate of Interbay Funding
2601 South Bayshore Drive, 4th Floor
Miami, FL 33133
Phone Number: 1-800-457-5105
Contact Person: Loan Servicing Department
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff' Sale will end your ownership
ofthe mortgaged property and your right to occupy it. If you continue to live in the property after
the Sheriff's Sale, a lawsuitto remove you and your furnishings and other belongings could be
started by the lender at any time.
ASSUMPTION OF MORTGAGE - You mayor may not 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 ir at the sale and that the other requirements of the
mortgage are satisfied. Please contact:
Bayview Financial Trading Group, LP, an affiliate of Interbay Funding
2601 South Bayshore Drive, 4th Floor
Miami, FL 33133
1-800-457-51 05
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 THE
DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF
TO HAVE THE MORTGAGE RESTORED TOTHE 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.
October 25. 2000
Page 6
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW
CONSUMER CREDIT
INCLUDED.
Sharon Oras Morgan, E uire
Mattleman, Weinroth & Miller
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STATE OF PENNSYLVANIA,
COUNTY OF CUMBERLAND
} SS.
Robert P Ziegler
I, ______________________________________________________________________________Ilecorderof
Deeds in lUld for said County lUld State do'hen:by certify that the Sherifrs Deed in which ________________
lnterbay Funding LLC
---------------------------------------------------___-_____________________________ ~ thegr.lntec
6th
the same having been sold to said grantee on the _______________________________________________ day of
______________~~:_~____________________ A. D., ; 2o.2?__, under and by virtue of a wriL_____________
Execution . 27th
----------------------- --------_______ -__ __ _____ ISSued on the ______ __ __ ___ ___ _ _____ ____ __ __ _______
November
day of __________________________ A. D.,
Civil
-------------------------.----...-- ----- ----- - ---- ----_____ _________ ________ _______ Term, :
lnterbay Funding L L C servicer for First Union Natl Bk Tr
. 1250
Number -----_________, at the suit of ----------------Ri~h-;;d-il-F;;y--~k~-Ri~ii,.-ic:I-ii'owar;rFreY--
2001 . .
-----, out of the Court of Cornman PIcas of 5ald County as of
2001
-------------------------______ ____ against_ _______ __ _____ ___ _______ __ ________ __ __ _ _ ______ __ __ _ is
252 1564
duly recorded in Sherifrs Deed Book No. ____________, Page ____________.
IN TESTIMONY WHEIlEOF, I have hereunto
d and seal of said office th~ _d.!i_t.!:___ day
of ___
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Interbay Funding, L.L.c., as Servicer for
First Union National Bank, as Indenture
Trustee
VS
Richard H. Frey a!k/a Richard Howard Frey
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-1250 Civil Term
Richard Smith, Deputy Sheriff, who being duly sworn according to law, states
that on December 11, 2001 at 1:50 o'clock p.m., EST, he served a true copy of the within
Real Estate Writ, Notice and Description, in the above entitled action, upon one of the
within named defendants, to wit: Richard H. Frey a/kla Richard Howard Frey, by
making known unto Lisa Barbour, Adult in charge, at 317 State Street, EnoIa,
Cumberland County, Pennsylvania, its contents and at the same time handing to her
personally the said true and attested copy of the same.
Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on
January 07,2002 at 1 :55 o'clock P.M., E.S.T., she posted a true copy of the within Real
Estate Writ, Notice, Poster and Description, in the above entitled action, upon the
property of Richard H. Frey a!k/a Richard Howard Frey located at 317 State Street,
Enola, Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law says he served
the above Real Estate Writ, Notice, Poster and Description in the following manner: The
Sheriff mailed a notice of the pendency of the action to one ofthe within named
defendants to wit: Richard H. Frey a!k/a Richard Howard Frey, by regular mail to his last
known address of3l7 State Street, Enola, PA 17025. This letter was mailed under the
date of January 23,2002 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says 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 March 6, 2002 at 10:00 o'clock A.M., EST. He sold the same for the
sum .of $1.00 to Attorney Sharon Gras morgan for Interbay Funding, LLC, a Delaware
Limited Liability Company. It being the highest bid and best price received for the same,
Interbay Funding, LLC, a Delaware Limited Liability Company of260l S. Bayshore
Drive, Miami, FL 33133-1409, being the buyer in this execution, paid SheriffR. Thomas
Kline the sum of $699.43 it being costs.
Sheriff s Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
Prothonotary
Mileage
Certified Mail
Levy
$30.00
13.71
15.00
15.00
30.00
10.00
.50
1.00
19.50
.82
15.00
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Surcharge
Law Journal
Patriot News
Share of Bills
Distribution of
Proceeds
Sheriffs Deed
ii,
20.00
237.50
212.70
24.20
25.00
29.50
$699.43 paid by attorney
06/19/02
Sworn and subscribed to before me
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This .;ls't6'dayof ~
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ro onotary Real Es ate Deputy
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. MATTLEMAN, WEINROTH & MILLER.
BY:" SHARON ORAS MORGAN, ESQUIRE
SUITE 2226 - LAND TITLE BUILDING
BROAD & CHESTNUT STREETS
PIDLADELPHIA, P A 19110
215/923-2225
Attorneys for Plaintiff
INTERBA Y FUNDING, L.L.C., AS SERVICERFOR
FIRST UNION NATIONAL BANK AS INDENTURE
TRUSTEE
COuRT OF C:O'MMON PLEAS
CUMBERLAND COUNTY
Plaintiff
vs.
NO.: 2001-01250-P
RICHARD H. FREY AlK/A RICHARD HOWARD FREY:
Defendant
AFFIDAVIT PURSUANT TO . . .
RULE 3129.1
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Interbay Funding, LLC, As Servicer For First Union National Bank As IndentUre
Trustee, Plaintiff in the above entitled cause of action, sets forth as of the date thePTaecipe for.
Writ of Execution was filed the following information concerning the real property located at.
317 State Street, Enola, P A 17025: . ..
1. Name and address of Owner(s) or Reputed Owner(s):
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Richard H. Frey a!k/a Richard Howard Frey
317 State Street
Enola, P A 17025
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2. Name and address ofDefendant(s) in the Judgment:
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Richard H. Frey alk/a Richard Howard Frey
317 State Street
" Enola, P A 17025
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3. Name and address of every judgment creditor whose judgment is a record lien on the ..
real property to be sold: . .
Interbay Funding, L.L.C., As Servicer For First Union National.
Bank As Indenture Trustee
(plaintiff herein)
2601 South Bayshore Drive, 4th Floor
Miami, FL 33133
Child Support Enforcement Agency
1 Courthouse Square
Carlisle, P A 17013-3387
4. Name and address of the last recorded holder of every mortgage of record:
Interbay Funding, L.L.C., As Servicer For First Union National
Bank As Indenture Trustee
(plaintiff herein) .
2601 South Bayshoie Drive, 4th Floor
Miami, FL 33133
5. Name and address of every other person who has any recordJieri on the propertY:'
None known.
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: .
Occupant, 317 State Street
Enola, P A 17025
7. Name and address of every person of whom the plaintiff has knowledge who has any
..interest in the property which may be affected by the sale:
Occupant, 317 State Street
Enola, P A 17025
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. . 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 falsestatetnentsb.~ein' .
are made subject to the penalties of 18 Pa. es. Section 4904 relating to unsworn falsification to
authorities.
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SHARON ORAS MORG
#60068
Sworn and Subscribed to before
methisQ~y of M~'O.l,(' ,
>2001. Ji'. ..' ~ ::~
902/55210 ,'" A NOTAI'lY PUBUC OF NEW JERSEY
MY COMMISSION EXPIRES 8115/2004
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ALLthat tract or parcel of land sitnate in the Borough of West Fairview, Cumberland county
Pennsylvania, being more particularly bounded and described as follows:
BEGINNING at a point at the corner oflands of John Miller and the State Road, thence in an
easterly course, along said road fifty non (59) feet to the corner ofa ten (10) feet wide alley;
thence in a northerly course by said alley (partly) fifty five (55) feet to the run; thence up said
run, in a northwesterly course, sixty eight (68) feet to a corner adjoining Rupley lot at the run;
thence in a northwesterly course, by said run fifty eight (58) feet to a point at the corner ofland
of John Miller (formerly Mrs. Israel); thence by said land of John Miller one hundred seven
(107) feet more or less, to the place of BEGINNING.
It being improved by a one story frame dwelling house, known as 317 State Str4eet, West
Fairview, Pennsylvania.
PARCEL ID NO.: 45-17-1044-140
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. MATTLEMAN, WEINROTH & MILLER
BY: SHARON ORAS MORGAN, ESQUIRE
Attorney ID #60068
Suite 2226 - Land Title Building
Broad & Chestnut Streets
Philadelphia, P A 19110
(215) 923-2225
Attorneys for Plaintiff
INTERBAY FUNDING, L.L.C., AS SERVICER FOR
FIRST UNION NATIONAL BANK AS INDENTURE
TRUSTEE
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff
vs.
NO.: 2001-01250-P
RICHARD H. FREY A/KJA RICHARD HOWARD FREY:
:NOTICE OF SHERIFF'S SALE OF
Defendant :REAL PROPERTY :PURSUANT
:TO PENNSYLVANIA RULE OF
:CML PROCEDURE 3129
TAKE NOTICE:
Y our house (real estate) at 317 State Street, Enola, P A 17025 is scheduled to. be sold at
Sheriffs Sale on March 6, 2002 at 10:00 am in Cumberland County Courthouse, South :Hanover.
Street; Carlisle, P A 17013 to enforce the Court Judgment of $28,754.93 obtained by Interbay':
. Funding, L.L.C., As Servicer For First Union National Bank As Indenture Trustee.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
. To prevent this Sheriffs Sale you must take immediate action:
1. The Sale will be cancelled if you pay to Sharon Gras Morgan, Attorney for Plaintiff,
back payments, late charges, costs and reasonable attorneys fees due. To find out how much 10il,.
. must pay, you may call Sharon Gras Morgan at 215-923-2225.
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.
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. You may need an attorney to assert your rights. The sooner you contact one, themc,re .
'charice you will have of stopping the Sale. (See Notice below and how to obtain an attorney),
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YOU MAY.STILL BE ABLE TO SAVE YOUR PROPERTY AND YOUHA VEOTHER
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 bid price by calling Sharon Oras Morgan at 215-923-2225.
2. You may be able to petition the Court to set aside the Sale if the bid price was grossly
inadequate compared to the market value of your property.
3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the
Sale. To find out if this has happened you may call Sharon Gras Morgan at 215-923-2225.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner
of the property as if the Sale never happened.
.. .5. You have aright 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 niaybring legal......
. proceedings to evict you.
. 6. You may be entitled to a share of the money which was paid for yout house:f.."
Schedule of distribution of the money bid for your house will be filed by the Sheriff on April 6,
2002. 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.
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7. You may also have other rights and defenses, or ways of getting your houseback;i:f:
you act immediately after the Sale. .
YOU SHOULD TAKE TIDS PAPER TO YOU LAWYER AT ONCE.IF,YOUDONOT' . . .....
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE .
OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
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Cumberland County Court Administrator
4th Floor
Cumberland County Courthouse
Carlisle, PA 17013
1.717-240-6200
902/55210
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ALL that tract or parcel ofland situate in the Borough of West Fairview, Cumberland county
Pennsylvania, being more particularly bounded and described as follows:
BEGINNING at a point at the corner oflands of John Miller and the State Road, thence in an
easterly course, along said road fifty non (59) feet to the corner of a ten (10) feet wide alley;
thence in a northerly course by said alley (partly) fifty five (55) feet to the run; thence up said
run, in a northwesterly course, sixty eight (68) feet to a corner adjoining Rupley lot at the run;
thence in a northwesterly course, by said run fifty eight (58) feet to a point at the corner ofland
of John Miller (formerly Mrs. Israel); thence by said land of John Miller one hundred seven
(107) feet more or less, to the place of BEGINNING.
. ,
It being improved by a one story frame dwelling house, known as 317 State Str4eet, West
Fairview, Pennsylvania.
PARCEL ID NO.: 45-17-1044-140
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WRIT OF. EXECUTION and/or ATTACHMENT
, COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 01_110;0 CIVIL 1~
CIVIL ACTION, LAW
TO THE SHERIFF OF
Cumberland
COUNTY:
To satisfy the debt, interest and costs due Interbay Funding, L.L.C. as Servicer for First
Union National Bank as Indenture Trustee
PLAINTIFF(S)
Richard H Frey a/k/a Richard. Howard Frey, 317 State Street, Enola, PA 17025
from
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell See Leqal 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 not~y the garnishee(s) that: (a) anallachment has been issued; (b) the gamishee(s) is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof:
(3) If property ofthe defendant{s) notlevied upon an subjecltO attachment is found in the possession 01 anyone other
than a named garnishee, you are directedto notify him/herthat he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due
$28,754.93
L.L.
$.50
Interest fmll 5j)5,101 to 1/fo/01 $) 77,,00
Atty's Comm %
Atty Paid S109.30
Plaintiff Paid
Due Prothy
Other Costs
Sl.00
Date:
November 27, 2001
Curtis R. Long
Prothonotary, Civil Division
Jlv AD/)- ~ 2. 7?cen~ -
Deputy
REQUESTING PARTY:
Name
Address:
Sharon Gras Morgan, Esq.
Land Title Building, Suite 2226
philadelphia, PA 19110
ANomey for Plaintiff
Telephone: 215-923-2225
Supreme Court 10 No. 60068
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REAL ESTATE SALE No. 34
On December 7, 2001, the sherifflevied upon the
defendant's interest in the real property situated in
Borough of West Fairview n/k/a East Pennsboro
Township, Cumberland County, P A,
known and numbered as 317 State Street,
Eno1a, and more fully described on Exhibit "A"
Date: December 7, 2001
By: OMl11 ~
RJ~'(EJtate Deputy
fa;;; y
c:;:n)
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filed with this writ and by this reference incorporated herein.
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";.d: REAL ESTATE SALE No. 34
;,c- -c .;,. Writ No. 2001.1250
,.. CIYUTerm
!c:"':";:'Jnt,rbay Fundlng, L.L.C.
.,.is,Servlcer for First UnIon
;..- ""'-, National Bank
as Indenture Trustees
v.
.'_ -'- Richard H.frey lJ/k!a
: _~_~--'- Rlcharduoward Frey
,~~~Atty:~"""'nMorgan
JlESCRlP'!'lON. .
~1liittraCtOrparce!otJandsituateinlhe
~Jiorough of West Fairview, Cumberland County,
~~Ivania, being more particularly bounded
~and'd~bed as follows:
BaGINNING at, a point at the comet of lands of
-...JOhn WIler and \:he State Road, \he.nce in an
,easterly ~utse. along said road fifty nine (59) feet
. ~tlie comer of a ten (10) feet wide aJley; thence
in ,3 northerly course by sakI alley (partly) fifty
'fiVe-(5))feettoJherun; tbenceup saidmn, in a
o llMhwesterly course, sixty eight (68) feet to a
comer adjoining Rupley lot at the run: thence in a
3iOdhwesterly course, by said run ftRy eisht (58)
~JeeUo a point at the corn~ of land of John Miller
,,~founerly Mrs. Israel); thence by said land of
:d~:MUJ.er on.e,hupdteP. seven (l07) feet mare Of
'::,~Jess.. to the place of BEGINNING.
~sbeingjmproved by a one-story frnlllc dwelling
-:;; house, known as 3[7 State Street., West Faitview,
~~~a.NO.:4517_1Q44..140.
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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
Michael Morrow being duly sworn according to law, deposes and says:
That he is the Ass!. Controller 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 The Patriot-News and The
Sundav 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 29th day(s} of January and the 5th and
12th day(s} of February 2002. 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 Miscellane~us Book "M",
Volume 14. Page 317.
Notarial Seal
Terry L. Russ,lI, Notary Pub!'
Hanisburg. Dauphin Coun
My commission Expires June 6. 2002 NOTARY PU BLI C
Memtl9r, Penn!lYlvania Association 01 N'Wr9"&mmission expires June 6, 2002
PUBLICATION
COpy
SALE#34
Sw
CUMBERLAND COUNlY SHERIFFS OFFICE
CUMBERLAND COUNlY COURTHOUSE
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 $
211.20
1.50
212.70
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sundav 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....................................................................
". .1
L _~ - , ~ .1
REAL E$TATE SALE NO. 34
Writ No. 2001-1250 Clvtl
Interba~ Funding, L.L.C. as
Servicer for
First limon National Bank as
Intlenture Trustee
vs.
Rtciilird H. Frey a/k/a
Rtci)ard Howard Frey
Atty.: Sharon Morgan
ALL truit tract or parcel of land
situate in the Borough of West
FairVlew. dumberland county Penn-
sylvania. being more particularly
bounded a'nd described as follows:
BEGINNING at a point at the cor-
ner of lands of John Miller and the
State Road. thence in an easterly
course, along said road fifty non (59)
feet to the corner of a ten (10) feet
wide alley; thence in a northerly
course by said alley (part1y) fifty five
(55) feet to the run; thence up said
nul. in a northwesterly course. sixty
eight (68) feet to a corner adjoining
Rupley lot at the nul; thence in a
northwest~rly course. by said nul
fifty eight (58) feet to a point at the
corner of land of John Miller (for-
merly Mrs. Israel); thence by said
land of John Miller one hundred
seven (107) feet more or less. to the
place of BEGINNING.
It being improved by a one story
frame dwelling house. known as
317 Stat~ Street. West Fairview.
Pennsy~a.
PARCEL iD NO.: 45-17-1044-
140.
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, appFoved May 16,1929), P. L.1784
STATE OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Roger M. MorgenthaI, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, accord~g to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in t~e Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, ~d designated by the local courts as the official legal
periodical for the publication of alllegal 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,
VIZ:
JANUARY 25, FEBRUARY I, 8,2002
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general cireulation, 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 pub Ii cation are true.
/
Roger M. Morgenthal, Editor
~
SWORN TO AND SUBSCRIBED before me this
8 day of FEBRUARY. 2002
NOTARIAL
LOIS E. SNYDER, Notary PublIc
Caillsls 80m, CumIlsIIand County
My Commis&Ion Expi18ll MaR:h 5, 2005
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IN 'mE axJRT OF CCMf)N PLEAS OF ClM3ERLAND COONI'Y PENNSYLVANIA
. '
CIVIL D:J;V;I:SION
File No. 2001-01250-P
Amount Due $28.754.93
Interest from 5/15/01 to 3/6/01 $2.773.00
l',p.terbay Funding. L.L.C.. as Servicer
~\r First Union National Bank As Indenture
~i:';'rustee VB.
Richard h. Frey a/k/a Richard Howard Frey
Atty's Conm
Costs
TO THE PROIHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail
install.1rent sale, contract, or account based on a confession of judgment, but if it does,
it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as
amehded; and for real property pursuant to Act 6 of 1974 as amended.
PRAEX:IPE FOR EXECl1l'ION
Issue writ of execution in the above rratter to the Sheriff of Cumherland
County, for debt, interest and costs upon the following described property of the
defendant(s) Richard H. Frey a/k/a Richard Howard Frey
PRAECIPE FOR AT1'1lCH1ENl' EXEX:l1l'ION
Issue writ of attachment to the Sheriff of Cumberland County, for debt,
interest and costs, as aboVe, .directing attachment qgainst the above-named garnishee(s) for
the following property (if real estate, supply six copies of the description; supply four
copies of lengthy personalty list)
317 State Street. Enola. PA 17025
(See attached legal description)
and all other property of the defendant ( s) in the possession, custody or Control of the
said garnishee{s).
(Indicate) Index this writ against the garnishee(s) as a lis pendens against
real estate of the defendant (s) described in the attached exr;m, All
DATE: Oc~ober 28. 2001 Signature: ~
Print Name: Sharon Oras Morgan. Esquire
Address:
Land Title BuildinR. Suite 2226
Philadelphia. PA 19110
Attorney for: Plaintiff
Telephone: (215) 923-2225
Supreme Court ID No.: 60068
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't ALL that tract or parcel ofland situate in the Borough of West Fairview, Cumberland county
Pennsylvania, being more particularly bounded and described as follows:
BEGINNING at a point at the corner oflands of John Miller and the State Road, thence in an
easterly course, along said road fifty non (59) feet to the corner of a ten (10) feet wide alley;
thence in a northerly course by said alley (partly) fifty five (55) feet to the run; thence up said
run, in a northwesterly course, sixty eight (68) feet to a corner adjoining Rupley lot at the run;
thence in a northwesterly course, by said run fifty eight (58) feet to a point at the corner ofland
of John Miller (formerly Mrs. Israel); thence by said land of John Miller one hundred seven
(107) feet more or less, to the place of BEGINNING.
It being improved by a one story frame dwelling house, known as 317 State Str4eet, West
Fairview, Pennsylvania.
PARCEL ID NO.: 45-17-1044-140
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MATTLEMAN, WEINROTH & MILLER
BY: SHARON ORAS MORGAN, ESQUIRE
SUITE 2226 - LAND TITLE BUILDING
BROAD & CHESTNUT STREETS
PHILADELPHIA, PA 19110
215/923-2225
Attorneys for Plaintiff
INTERBA Y FUNDING, L.L.C., AS SERVICER FOR
FIRST UNION NATIONAL BANK AS INDENTURE
TRUSTEE
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff
vs.
NO.: 2001-01250-P
RICHARD H. FREY A/KJA RICHARD HOWARD FREY:
Defendant
AFFIDAVIT PURSUANT TO
RULE 3129.1
COMMONWEALTH OF PENNSYL VANIA
COUNTY OF CUMBERLAND
Interbay Funding, LLC, As Servicer For First Union National Bank As Indenture
Trustee, Plaintiff in the above entitled cause of action, sets forth as of the date the Praecipe for
Writ of Execution was filed the following information concerning the real property located at
317 State Street, Enola, P A 17025:
1. Name and address ofOwner(s) or Reputed Owner(s):
Richard H. Frey a!k/a Richard Howard Frey
317 State Street
Enola, P A 17025
2. Name and address ofDefendant(s) in the Judgment:
Richard H. Frey a!k/a Richard Howard Frey
3J 7 State Street
Enola, P A 17025
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'''"'fit.\I/JiI')i':;,
Interbay Funding, L.L.C., As Servicer For First Union National.
Bank As Indenture Trustee
(Plaintiff herein)
2601 South Bayshore Drive, 4th Floor
Miami, FL 33133
3. Name and address of every judgment creditor whose judgment is a record lien onthe
real property to be sold:
Child Support Enforcement Agency
1 Courthouse Square
Carlisle, PA 17013-3387
4. Name and address of the last recorded holder of every mortgage of record:
Interbay Funding, L.L.C., As Servicer For First Union National
Bank As Indenture Trustee
(Plaintiff herein)
2601 South Bayshore Drive, 4th Floor
Miami, FL 33133
5. Natneand address of every other person who has any record lien on the property:
None known.
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:
Occupant, 317 State Street
Enola, P A 17025
7. Name and address of every person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
OCcupant, 317 State Street
Enola, P A 17025
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I verify that the statements made in this Affidavit are true and correct tothebe~t
~'.;,n,,'.ofrriy personaJ. knowledge or information and belief. I understand that falsestatetn:entshetein',
are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
SHARON ORAS MORG , ESQUIRE
#60068
Sworn and Subscribed to before
methis~~yof "-c~'Ot.-\ '
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It NCn'AtlY pup OF NIW.tIRSE'I
MY _I8tlIN .... fI1I/2IlO4
2001.
902/55210
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ALL that tract or parcel ofland situate in the Borough of West Fairview, Cumberland county
Pennsylvania, being more particularly bounded and described as follows:
BEGINNING at a point at the corner oflands of John Miller and the State Road, thence in an
easterly course, along said road fifty non (59) feet to the corner of a ten (10) feet wide alley;
thence in a northerly course by said alley (partly) fifty five (55) feet to the run; thence up said
run, in a northwesterly course, sixty eight (68) feet to a corner adjoining Rupley lot at the run;
thence in a northwesterly course, by said run fifty eight (58) feet to a point at the corner ofland
of John Miller (formerly Mrs. Israel); thence by said land of John Miller one hundred seven
(107) feet more or less, to the place of BEGINNING.
It being improved by a one story frame dwelling house, known as 317 State Str4eet, West
Fairview, Pennsylvania.
PARCEL IDNO.: 45-17-1044-140
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NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY
TO:
ALL PARTIES IN INTEREST AND CLAIMANTS
OWNER(S):
RICHARD H. FREY A/KJ A RICHARD HOWARD FREY
PLAINTIFF/SELLER:
INTERBA Y FUNDING, L.L.C., AS SERVICER FOR
FIRST UNION NATIONAL BANK AS INDENTURE
TRUSTEE
DEFENDANT(S):
RICHARD H. FREY A/KJA RICHARD HOWARD FREY
PROPERTY:
317 STATE STREET
ENOLA, PA 17025
NO.:2001-01250-P
The above captioned property is scheduled to be sold at Sheriffs Sale on March 6,2001
at 10:00 am in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013.
Y oumay hold a mortgage or judgment on the property which will be extinguished by the sale.
You may wish to attend the sale to protect your interest.
A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff
not late than 30 days after sale. Distribution will be made in accordance with the schedule
unless exceptions are filed thereto within 10 days after the filing of the schedule.
~
Sharon Oras Morgan, Esquire
MATTLEMAN, WEINROTH & MILLER
Suite 2226 - Land Title Building
Broad & Chestnut Streets
Philadelphia, P A 19110
215/923-2225
902/55210:
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ALL that tract or parcel ofland situate in the Borough of West Fairview, Cumberland county
Pennsylvania, being more particularly bounded and described as follows:
BEGINNING at a point at the corner oflands of John Miller and the State Road, thence in an
easterly course, along said road fifty non (59) feet to the corner of a ten (10) feet wide alley;
thence in a northerly course by said alley (partly) fifty five (55) feet to the run; thence up said
run, in a northwesterly course, sixty eight (68) feet to a corner adjoining Rupley lot at the run;
thence in a northwesterly course, by said run fifty eight (58) feet to a point at the corner ofland
of John Miller (formerly Mrs. Israel); thence by said land of John Miller one handred seven
(107) feet more or less, to the place of BEGINNING.
It being improved by a one story frame dwelling house, known as 317 State Str4eet, West
Fairview, Pennsylvania.
PARCEL ID NO.: 45-l7-1044-140
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MATTLEMAN, WEINROTH & MILLER
BY: SHARON ORAS MORGAN, ESQUIRE
Attorney ill #60068
Suite 2226 - Land Title Building
Broad & Chestnut Streets
Philadelphia, PA 19110
(215) 923-2225
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
INTERBA Y FUNDING, L.L.C., AS SERVICER FOR
FIRST UNION NATIONAL BANK AS INDENTURE
TRUSTEE
Plaintiff
vs.
NO.: 2001-01250-P
RICHARD H. FREY A/KJA RICHARD HOWARD FREY:
:NOTICE OF SHERIFF'S SALE OF
Defendant :REAL PROPERTY :PURSUANT
:TO PENNSYLVANIA RULE OF
:CIVIL PROCEDURE 3129
TAKE NOTICE:
Your house (real estate) at 317 State Street, Enola, PA 17025 is scheduled to be sold at
Sheriff's Saleon March 6, 2002 at 10:00 am in Cumberland County Courthouse, South :Hanover
Street; earlisle, P A 170 13 to enforce the Court Judgment of $28, 754.93 obtained by Intci'bay
Funding, L.L.C., As Servicer For First Union National Bank As IndentureTiustee.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT TmS SHERlFF'SSALE
To prevent this Sheriff's Sale you must take immediate action:
. 1. The Sale will be cancelled if you pay to Sharon Gras Morgan, Attorney for Plaintiff,
back payments, late charges, costs and reasonable attorneys fees due. To find outhow much you.
. . Inust pay, you may call Sharon Oras Morgan at 215-923-2225.
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.
, ' ,
You may need an attorney to assert your rights. The sooner you contact one, themqre .
. chance you will have of stopping the Sale. (See Notice below and 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 bid price by calling Sharon Oras Morgan at 215-923-2225.
2. You may be able to petition the Court to set aside the Sale if the bid price was grossly
inadequate compared to the market value of your property.
3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the
Sale. To find out if this has happened you may call Sharon Gras Morgan at 215-923-2225.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner.
of the property as if the Sale never happened.
5. You have a 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 on April 6,
2002. 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.
7. You may also have other rights and defenses, or ways of getting your-house back; if .. ,
, you act immediately after the Sale.
YOU SHOULD TAKE THIS PAPER TO YOU 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 Court Administrator
4th Floor
Cumberland County Courthouse
Carlisle, P A 17013
1-7 I 7-240-6200
902/55210
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ALL that tract or parcel of land situate in the Borough of West Fairview, Cumberland county
Pennsylvania, being more particularly bounded and described as follows:
BEGINNING at a point at the corner of lands of John Miller and the State Road, thence in an
easterly course, along said road fifty non (59) feet to the corner of a ten (10) feet wide alley;
thence in a northerly course by said alley (partly) fifty five (55) feet to the run; thence up said
run, in a northwesterly course, sixty eight (68) feet to a corner adjoining Rupley lot at the run;
thence in a northwesterly course, by said run fifty eight (58) feet to a point at the corner ofland
of John Miller (formerly Mrs. Israel); thence by said land of John Miller one hundred seven
(107) feet more or less, to the place of BEGINNING.
It being improved by a one story frame dwelling house, known as 317 State Str4eet, West
Fairview, Pennsylvania.
PARCEL ID NO.: 45-17-1044-140
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-01250 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
INTERBAY FUNDING LLC ET AL
V8
FREY RICHARD H ET AL
RICHARD SMITH
, Sheriff or Deputy Sheriff of
,
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
FREY RICHARD H A/K/A FREY RICHARD HOWARD
the
DEFENDANT
, at 1512:00 HOURS, on the 7th day of March
, 2001
at 317 STATE ST
ENOLA, PA 17025
by handing to
GARY MILLER ADULT ROOMMATE
OF DEFENDANT.
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
9.30
.00
10.00
.00
37.30
So Answers:
~flr' ~ ~~
R. Thomas Kline
03/08/2001
MATTLEMAN,WEINRO
Sworn and Subscribed to before By:
me this :J.1a::.
day of
~ ;}.ho~ A.D.
C ~11 / J_ Y-vtAJI,,,,~
rothonotary
L
..
.'
,d
:l.~L
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
Prothonotary
TO: Richard H. Frey a!k/a Richard Howard Frey
INTERBA Y FUNDING, L.L.C, AS SERVICER
FOR FIRST UNION NATIONAL BANK AS
INDENTURE TRUSTEE
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff
vs.
No.: 2001-01250-P
RICHARD H. FREY a!k/a RICHARD HOWARD
FREY
Defendants
NOTICE PURSUANT TO RULE 236
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as indicated below.
Prothonotary
MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
SHARON ORAS MORGAN, ESQUIRE #60068
MA TTLEMAN, WEINROTH & MILLER
215/923-2225
902/55210
"
" ,.
~ L
_!li!l,' <;:W,.'
MATTLEMAN, WEINROTH & MILLER
BY: SHARON ORAS MORGAN, ESQUIRE
Attorney ID# 60068
Suite 2226 - Land Title Building
Broad & Chestnut Streets
Philadelphia, PA 19110
215/923-2225
Attorneys for Plaintiff
INTERBA Y FUNDING, L.L.C, AS SERVICER
FOR FIRST UNION NATIONAL BANK AS
INDENTURE TRUSTEE
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff
vs.
No.: 2001-01250-P
RICHARD H. FREY a!k/a RICHARD HOWARD
FREY
PRAECIPE TO ENTER DEF AUL T
JUDGMENT
TO THE PROTHONOTARY
Kindly enter Default Judgment in favor of Plaintiff, Interbay Funding, L.L.C., As
Servicer For First Union National Bank As Indenture Trustee and against the Defendant, Richard
H. Frey a!k/a Richard Howard Frey, for failure to Answer the Complaint in Civil
Action - Mortgage Foreclosure.
Service was on made on the Defendant, Richard H. Frey a!k/a Richard Howard Frey via
the Cumberland County Sheriff s Office on March 7, 2001.
Assess damages as follows:
Principal and Interest
Interest from 02/26/01 to 05/15!200l
Costs
TOTAL AMOUNT OF JUDGMENT
. ., ~"' '''''~''''~'~;'''"O"' ..:, .>]);;\'
$
27,716.83
742.60
$
295.50
28,754.93
MATTLEMAN, WElNROTH & MILLER
BY ,b-a~
SHARON ORAS MORG , ESQUIRE
#60068
, ~
"',-,
-"=,
~'2~'
MATTLEMAN, WEINROTH & MILLER
BY: SHARON ORAS MORGAN, ESQUIRE
Attorney ID #60068
Suite 2226 - Land Title Building
Broad and Chestnut Streets
Philadelphia, P A 1911 0
215/923-2225
Attorneys for Plaintiff
INTERBA Y FUNDING, L.L.C, AS SERVICER
FOR FIRST UNION NATIONAL BANK AS
INDENTURE TRUSTEE
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff
vs.
No.: 2001-01250-P
RICHARD H. FREY a!k/a RICHARD HOWARD
FREY
Defendants
AFFIDAVIT OF ADDRESSES
COMMONWEALTH OF PENNSYL VANIA:
SS
COUNTY OF PHILADELPHIA:
I, Sharon Oras Morgan, Esquire, being duly sworn according to law, upon my oath,
depose and say:
1. I certify that the Plaintiff's address is 2601 South Bayshore Drive, 4th Floor, Miami,
FL 33133.
2. I certify that the Defendant's address is as follows: 317 State Street, Enola, P A 17025.
'C,L
.,.,
3. I certify that the foregoing information is true and correct to the best of my
knowledge, information and belief.
Sworn and Subscribed to
before me this Ili'l day
of /'YI""" , 2001.
cr~~~
JUDllH ANN HllCHNER
A Notary Public of New Jersey
My Commission Expires 6/25/2001
MATTLEMAN, WEINROTH & MILLER
Sharon Oras Morgan, Esquir
*,.
('.'
"~
.'"
. '.
'. '_~"c!c:-"l
MATTLEMAN, WEINROTH & MILLER
BY: SHARON ORAS MORGAN, ESQUIRE
Attorney ID # 60068
Suite 2226 - Land Title Building
Broad and Chestnut Streets
Philadelphia, P A 19110
Attorneys for Plaintiff
INTERBA Y FUNDING, L.L.C, AS SERVICER
FOR FIRST UNION NATIONAL BANK AS
INDENTURE TRUSTEE
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff
vs.
No.: 2001-01250-P
RICHARD H. FREY a!k/a RICHARD HOWARD
FREY
Defendants
AFFIDAVIT OF NON-MILITARY
SERVICE
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
I, Sharon Oras Morgan, Esquire, Attorney at Law, being duly sworn according to law,
upon my oath, depose and say:
1. That the Defendants are not in the Military, Naval of Air Services of the United States
of any other Country within the provision of the Soldiers' and Sailors' Civil Relief Action of
Congress, as amended; and
2. That the Defendant is at least 21 years of age and resides at 317 State Street, Enola,
PA 17025.
The affiant has ascertained the foregoing information by personal inquiry and knowledge
and makes this Affidavit with the authority.
Sworn and Subscribed to
MATTLEMAN, WEINROTH & :MILLER
before me this 11 t'1 day
of '11tO-<.j , 200 L
~~'"1UG~
.11'0'"" "'" 'I!TCHNER
A l'~ ,He of New Jersey
Mv c... .00 E,pires 6/25/2001
BY:~Jh~ #(~
Sharon Oras Morgan, Esqu' e -
#60068
.-----.
., ,
.
'-',"
.. ~.
~."'" ' ~
J l' "!k-.
MATTLEMAN, WEINROTH & MILLER
BY: SHARON ORAS MORGAN, ESQUIRE
Attorney ID #60068
Suite 2226 - Land Title Building
Broad and Chestnut Streets
Philadelphia, PA 19110
215/923-2225
INTERBA Y FUNDING, L.L.C, AS SERVICER
FOR FIRST UNION NATIONAL BANK AS
INDENTURE TRUSTEE
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff
vs.
No.: 2001.01250-P
RICHARD H. FREY a!k/a RICHARD HOWARD
FREY
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
I, Sharon Oras Morgan, Esquire, Attorney at Law, being duly sworn according to law, upon my
oath, depose and say:
I. I am a member of the firm of Mattleman, Weinroth & Miller, attorneys for Plaintiff in the
above entitled cause of action.
2. Notice, Rule 237.1 was forwarded to the Defendant(s), place of residence by regular mail on
April 16, 2001 and has not been returned to this office, so it can be assumed that same has been delivered
to Defendant.
Sworn and Subscribed to
before me this 'Z 34 c;I1 day
of -mo.....; ,2001.
~~~
MATTLEMAN WEINROTH & MILLER
JUDITH iJIN HITCHNER
!\ Notarylut,lic of New Jersey
My CommiSSion Expires 6/2512001
- ._,'~""> "'"'~~>" .' "
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, .
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SHERIFF'S RETURN - REG"" ill
,
CASE NO: 2001-01250 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
INTERBAY FUNDING LLC ET AL
VS
FREY RICHARD H ET AL
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County, pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT ~. MORT FORE
FREY RICHARD H A/K/A FREY RICHARD HOWARD
was served upon
the
DEFENDANT
, at 1512:00 HOURS, on the 7th day of March
2001
at 317 STATE ST
ENOLA, PA 17025
by handing to
GARY MILLER ADULT ROOMMATE
OF DEFENDANT.
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
9.30
.00
10.00
.00
37.30
~t"....#""",~,",... P1&f!
r" ~~f;;,4;;;"'->t'~-<fC.~
R. Thomas Kline
Sworn and Subscribed to before
03/08/2001
MATTLEMAN,WEINR~
.I
By: /
.----
me this
day of
A.D.
Prothonotary
, .' 'l, '
""'h""';~f..7"
,
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Prothonotary
TO: Richard H. Freya!k/a
- Richard Howard Frey
April 16,2001
INTERBA Y FUNDING, L.L.C. AS SERVICER FOR COURT OF COMMON PLEAS
FIRST UNION NATIONAL BANK AS INDENTURE CUMBERLAND COUNTY
TRUSTEE
Plaintiff
vs. No.: 2001-01250-P
CIVIL TERM
RICHARD H. FREY a!k/a
RICHARD HOWARD FREY
Defendant
NOTICE, RULE 237.1
IMPORTANT NOTICE
You are in default because you have failed to take action required of you in this case. Unless you
act within ten (10) days from the date of this notice, a judgment may be entered against you
without a hearing and you may lose your property or other important rights. You should take this
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.
Court Administrator
4th floor, Cumberland County Courthouse
Carlisle, P A 17013
(717) 240-6200
902/55210
111 DE T
CQLLECTIQNERACTICES ACl
THIS COMMUNICATION IS FROM A DEBT
COLLECTOR. THIS IS AN ATTEMPT TO
COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT
PURPOSE.
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