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Home My WebLink About01-1601 FX FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFlCATIONNO.I2248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MORTGAGE COMPANY WEST, F/KJA MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS,OH 43219 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM v. NO. 01 -1t..01 G~~l Y'Uln Plaintiff CUMBERLAND COUNTY TERRY L. SOLA PATSY J. SOLA 1036 DOGWOOD LANE ENOLA, P A 17025 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. " You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 5700496070 "':'7"Wifi T_" :='~.~ -I'_F" ~ ~..., , -- , eo~ ~ - .~, ~- 1. Plaintiff is CHASE MORTGAGE COMPANY WEST, F/KlA MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OR 43219 2. The name(s) and last known addressees) of the Defendant(s) are: TERRY L. SOLA PATSY J. SOLA 1036 DOGWOOD LANE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) ofthe property hereinafter described. 3. On 7/30/93 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MARGARETTEN AND COMPANY, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1154, Page 865. By Assignment of Mortgage recorded 1/12/94 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 463, Page 794. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 9/1100 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." -':~""""'1 0_" ~ 1'. ~: """.~ ,w-"'~ 6. The following amounts are due on the mortgage: Principal Balance Interest 8/1/00 through 3/1/01 (Per Diem $18.81) Attorney's Fees Cumulative Late Charges 7!30/93 to 3/110 I Cost of Suit and Title Search Subtotal $94,675.10 4,006.53 4,000.00 247.63 550.00 $103,479.26 Escrow Credit Deficit Subtotal TOTAL 460.52 0.00 ($ 460.52) $103,018.74 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. Ii 1680.403c on the daters) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. ::'1 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $103,018.74, together with interest from 3/1101 at the rate of$18.81 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ~~:~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~! ~ ,,.., "~r"~ IF, ", ~, f' J~J!. "~ Loan #5700496070 TERRY L SOLA 1036 DOGWOOD LN ENOLA PA 17025-0000 January 15, 2001 Certified Mail Return Receipt Requested RE: Loan 115700496070 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the enclosed pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. EXHIBIT A , ~ ,~ .' " " Loan #5700496070 PATSY J SOLA 1036 DOGWOOD LN ENOLA PA 17025-0000 January 15, 2001 Certified Mail Return Receipt Requested RE: Loan #5700496070 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the enclosed pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be ahle to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. EXHIB\T A '(::-::-Wf , -.","" ;~ ~,ifj'~JIf~~"" TERRY L SOLA January 15, 2001 Page 2 LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): TERRY L SOLA, PATSY J SOLA PROPERTY ADDRESS: 1036 DOGWOOD LN, EAST PENNSBORO PA 17025-0000 LOAN NUMBER: 5700496070 Current Lender/Service: Chase Manhattan Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT," EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. EXHIBIT A ,p.',-, ,r, ~~" ,'l'~ Certified Mail TERRY L SOLA January 15, 2001 Page 3 CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face- to-face meeting. Advise your lender immediately of you~ intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the, right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS 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 PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) ExHiBIT A ~ , ~ ,- ~ TERRY L SOLA January 15, 2001 Page 4 HOW TO CURE YOUR MORTGAGE DEFAULT (BrinR it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1036 DOGWOOD LN, EAST PENNSBORO PA 17025-0000 IS SERIOUSLY IN DEFAULT hecause: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Starting September 2000 through January 2001 at $966.34 per month. Total Monthly Payments Past Due Late Charges Other Fees $4,795.70 $176.69 $25.50 TOTAL AMOUNT DUE TO CURE DEFAULT: $4,997.89 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,997.89, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to Chase Manhattan Mortgage Corporation. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riRhts to accelerate the mortRage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon Your mortgaged property. EXHIBIT A , -\[,,~"-_'^_,.r , . " , ,,,,' ',. Certified Mail TERRY L SOLA January 15, 2001 Page 5 IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if the legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due. plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other reQuirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Chase Manhattan Mortgage Corporation Address: 3415 Vision Drive Columbus, OH 43219-6009 Phone Number: (800) 848-9380 Fax Number: (614) 422-5381 Contact Person: Scott Casteel EXHIBIT A '~""~ <~ ",",' ~, " ,-, TERRY L SOLA January 15, 2001 Page 6 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at a.ny time. ASSUMPTION OF MORTGAGE - You might be eligible to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. To determine eligibility you must contact our office to verify the assumability of your property. YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Chase Manhattan Mortgage Corporation is attempting to collect a debt and any information obtained will be used for that purpose. Sincerely, FEDERAL NATIONAL MORTGAGE ASSOCIATION by ~ CoM Scott Casteel Loan Counselor Chase Manhattan Mortgage Corporation Enclosure eXHIBIT A C-173/0496070B.112/Y2MCD/BREACH ;"'f '1''''' ,-~ Consumer Credit Counseling Agency Notification To: Date: Name of Mortgagee: Address: In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by: Name of Applicant Address Telephone Number Mortgage Loan Number Address of property on which mortgage is in default, if different from above. The counseling agency met with the above named applicant on Date who have indicated that they are more than sixty (60) days delinquent on their mortgage payments and have received notification of intention to foreclosure from Name and Address of Mortgagee In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you that: 1, If the delinquency cannot be resolved within the 3D-day forbearance period as provided by law, the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's Emergency Mortgage Assistance. 2, By a copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has indicated as also having a mortgage on the property identified above. 3. It is our understanding that the 30-day forbearance period in which we are now in ends on 4. No legal action to enforce the mortgage may occur during this forbearance period, unless procedural time limits were not met by the homeowner. .EXHIBIT A -"),.I',.,o,~, "'" - ~, '" - - PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) CLINTON COUNTY Lycoming-Clinton Counties Commision for Community Action (STEP) 2138 Lincoln Street P.O. Box 1328 WiUiamsport. P A 17703 (570) 326-0587 FAX (570) 322-2197 CCCS of Northeast em PA 20 I Basin Street Williamsport, P A 17703 (570) 323-6627 FAX (570) 323-6626 COLUMBIA COUNTY 31 W, Market Street POB 1127 Wilkes-Barre. PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes-Barre. P A 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665-(Call Before Faxing) (570) 455-4994 Hazeltown FAX (570) 455-5631-(Call Before Faxing) (570)836-4090 Tunkhannock CRAWFORD COUNTY Booker T. Washington Center 1720 Holland Center Erie. P A 16503 (814) 453-5744 FAX (814) 5749 John F. Kennedy Center, Inc. 2021 East 20. Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CUMBERLAND COUNTY cces of West em Pennsylvania. Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Meuopolitan Harrisburg N.6l11Street Harrisburg. PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 DeITY Street Harrisburg. PA 17104 (717)232-9757 FAX (717) 234-2227 PENNSYLV AJ'IIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 r".",,,,",,,,"'''''~=''' ~ , ' " CCCS ofNortheastem P A 1631 South Atherton St.. Suite 100 State College. PA 16801 (814) 238-3668 FAX (814) 238-3669 1400 Abington Executive Park Suite 1 Clarks Summit, P A 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134-9135 Greater Erie Community Action Committee 18 West gill Street Erie. PA 16501 (814) 459-4581 FAX (814) 456-0161 Shenango Valley Urban League, inc. 601lndianaAvenue Farrell. PA 16121 (412) 981-5310 Financial Counseling Services of Franklin 31 West 3m Street Waynesboro. PA 17268 (717) 762-3285 YWCA of Carlisle 30 I "G" Street Carlisle. PA 17013 . (717)243-3818 FAX(717)731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg. P A 17325 (717) 334-1518 FAX 334-8326 EXHIBIT A "'-.' ALL THAT CERTAIN tract or parcel of land and premis.,s situate. lying and being in t!1~ Township of East Pennsboro. Cumbe:land County, Pennsyivdnia, more particularly bounded as follows: BEGINNING at a point on the southern right of way line of Dogwood Lane, 'a'common corner of Lots Nos. 55 and 56 as shown on the hcn::illaft~r mentioned pian or lots; thence along Lot :'\0. 56 South 11 degr"es 06 minutes West, 125.00 feet to a point, a common corner of Lots :\os. 5'+, 55 and 56; thence along Lot No. 54 North 81 degrees 2: mil1u~<,s West. 11:'.00 feet to il point 011 the eastern right of way line of Hemlccl{ Lane, it common carner uf Lots ;';0. 54 and 55; thence along said right of way line and the southern ri.ght of 'Nay lille of Dogwood Lane alone a curve having a radius of 125 feet and an arc distance of 2.01.(il) feet to a point on the s0urhern rigi1[ or way line of Dogwood Lane, a common corner of Lob '\05 'is alld 56, the point and place or BEGINNI!'IG. CONT A TNI;.,;G 12,,600, square f"et. BEI:-:G Lot No. 55 as snowQ 011 Final Subdivision PIa.l \i" 'i of Tr""':1lcnt, prep,Hed by D.P, Raffensberger Associates of Camp Hill, dated August 25. 1997 and r~corded S.:ptember 23,1987 ill the Office of the Recorder of Deeds in and for CumbL.r!and Cuunty in Plan Book 53, Page 1+9, UNDER A.'\!D SUBJECT to all conditions, restrictiollo and rights of W:ly of prior record. PREMISES: 1036 DOGWOOD LANE -, - <e ,~ . ",- " ~ " ~V ~, '_<0 , . "%, ", ~, "" ,,~," "'" VERIFICATION RYAN L. REITMAJER, SR. hereby states that he is ASSISTANT SECRETARY of CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing ageut for Plaintiff in this matter, that he is authorized to take this Verificatiou, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn-falsification to authorities. DATE: 3!ltJ jOl ~~ ..PCJ-~A-- IIY'Nl L Rl!mWeUft. ASSISTAHl'stmTlRY ,<' I ", 1'" '~f . ~ ;,~- , ,"~ u",' , .' '. i % ~~ ,-- '111 ] ""f"" ^' ,'= ", ,,"" . ,,","'""""" 'Jj"ri'f'r'llI)[~lliillIiIli1l[r' 'f"i'I""'w, , , p G) ~ 0 I::) 8 ft () f lr1 c:: -q .~ ~ -:"" ~;~~:~;i ::r,: a '";1..- :'-,::::! )) () ~ ~-::>:J I;J~;! ~ ,-, :~,) -"hl ~ 0 c, U~, " C) ::<y -o(l -,,/- ~ I I ~~.::) :r.-J,~, '"1''' \:) ~8 ~^ ::h . '.- p:: ~ ~~r;,~ c ;;~ -.j -+ =< ~~ )::>. J- O:l :n -< TMl ~;I!1~w'~rr ~,J, !M~ 4Jl~U!l: l~'-fffiI~"'~tT>!!t(l>'\l;';-<ffl-"~!1W<F"Fj1l!if,ffm!i'fl'~iffl~~W~l>r,.jp~,~jJ!'mWtJl~Wllj;l'1~~M,''i!' \ FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CHAE MORTGAGE COMPANY WEST,FIKIA MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 17025 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DMSION Plaintiff : NO. 01-1601-CIVIL TERM VS. TERRY L. SOLA PATSY J. SOLA 1036 DOGWOOD LANE ENOLA, PA 17025 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against TERRY L. SOLA and PATSY J. SOLA, Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest 3/1/01 TO 5/2/01 TOTAL $103,018.74 $1,185.03 $104,203.77 I hereby certifY that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached, 7f~+----.,.1 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: J1tt "I ~/ /11 dedo'~~ PRO PR THY ""TIllS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL fiE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISOIARGE IN BANKRUPTCY AND TIllS DEBT WAS NOT REAFFIRMED, TIllS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPTTO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. "" 7,')[ ','~" ,^,~--~,' ,~--~~> ^,. FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY CIVIL DIVISION Plaintiff vs. CUMBERLAND COUNTY TERRY L. SOLA PATSY J. SOLA :NO.01-1601-CIVIL Defendant TO: PATSY J. SOLA 1036 DOGWOOD LANE ENOLA,PA17025 fiLE COpy DATE OF NOTICE: APRIL 18.2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment 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: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff ""'r'1'~~ , ''''-, 'I ' ~ , , r=- , . FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY COURT OF COMMON PLEAS CIVIL DIVISION vs. CUMBERLAND COUNTY TERRY L. SOLA PATSY J. SOLA NO. 01-1601-CIVIL Defendant(s) TO: TERRY L. SOLA 1036 DOGWOOD LANE ENOLA,PA17025 f\LE COP' DATE OF NOTICE: APRIL 18,2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment 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: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff "~"'*'~, t,,_ -, ." -, ,,' --"- , FEDERMAN and PHELAN By: F~FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 Q15) 563-7000 CHAE MORTGAGE COMPANY WEST;F/KJA MELLON MORTGAGE COMPANY Attorney for Plaintiff : CUMBERLAND COUNTY : Court of Common Pleas Plaintiff : CIVIL DIVISION vs. : NO. 01-1601-CIVIL TERM TERRY L. SOLA PATSY J. SOLA VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of tile following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended (b) that defendant TERRY L. SOLA is over 18 years of age and resides at 1036 DOGWOOD LANE, ENOLA, P A 17025. (c) that defendant PATSY J. SOLA is over 18 years of age, and resides at 1036 DOGWOOD LANE, ENOLA, P A 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, ~~~j FRANK FEDERMAN Attorney for Plaintiff , <" - '''-'~'''~-l'l -, ,- 1"1",' - (Rule of Civil Procedure No. 236 - Revised) CHAEMOR'fGAGE COMPANY WEST,F/KIA MELLON MORTGAGE COMPANY : CUMBERLAND COUNTY : Court of Common Pleas Plaintiff : CML DMSION vs. : NO. 01-1601-CML TERM TERRY L. SOLA PATSY J. SOLA Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on MAY 1/ .2001. Isf t<<db. R ~, ~ By DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESOUIRE Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 **TillS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TillS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LffiN AGAINST PROPERTY. ** ,ill iV, ~""~, < ~ . .',-' ' ~ - ~ . "' ,__ ,~ '",,0;< ,,~,~' ",.. ",' ""I' ".' ,". "'" ',I.,,~,"I,,~' ",' ',P'.",.,'"=.,.""'llltIlUITli ., rmllll,_~l/'(r:r,' n u ........> ~ ,~ c ~ ~. '~ .;"'" veL ~,""" , ~ fflrT, ,,< ~ . Z::T} , I:) z,- ,) "- C:> (/) ,~'~. .. ; --: ",,':'- ,---<'.-' IN ~ CC'; J-::'-. " .- ;:;; ,-, --,---, -", ' '.:' W o:::.,?,\.._ is?;~ ~. ~ ~ ~O Pc ;Z; ~~~~ ~ ~ -< (Jl :< p~~ ~~~~-- ~,,~ " ftl'1IljIlII ,=.l,"l"!i!'~O[L'f:"ll'f'"--''Jl''''j''f''F''';''~''''' '"';","1d"\M"'<~W''''''ll!>I''~';lI'~,~fl~''J'W"~,~,''R1-'W'-;:'1~1!I~r~"''''~~!ki' _<w " FEDP"'''''''1'i AND PHELAN . By: l~~FEDE~N Identi ' n No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MORTGAGE COMPANY WEST, FfKlA MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OR 43219 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 01-1601-CIVIL TERM TERRY L. SOLA PATSY J. SOLA Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor ofthe Plaintiff and against TERRY L. SOLA and PATSY J. SOLA, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 3/1/01 to 8/28/01 TOTAL 103,018.74 3,385.80 106,404.54 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy a ached. DAMAGES ARE HEREBY ASSESSED AS INDICAJ1D. .. DATE: q-IO-Oj ~ PRO PROTHY R- rI'1J ~ !i1!l_ _" ~" ~." " "~~~~ -',f " '~, ~ ~ ., -. ,~~ r-'~~- I', ~ ,~,JJ~[~ifjlIlJl!',l~;Q--"ffli,~~~Jj;r. , ~~~.~ ',.'"'~'" """"~"-"~"Y'r "(1'lbilfifi'i' " m Hi'I10ID '1'" ", "11f ,.... 0 't: .- ~ ~CQ r ,p'1 ~ 'J,:: 'ZS:. ~.?;" ~CJ ,%0 yg -z, :2 "'~ ,~""..., tl' \"'1 4J -, c:' ~o -;g;. '. ;~') ';:-h ';~~;~ ~\JY C.;~t~ :i:-:Jl~ [st~ '2- ':t'; '" 'E. tfl r..:> " _. !IjfIT~'!f'Jj;,_ro:lI.t::!l',~~~~--liif~~~imi\\~~~\;lj~!!~'?f~!\'l~!!iltPi'~_~~;' FEDE~ANandPHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PillLADELPIllA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE MORTGAGE COMPANY WEST, F/KIA MELLON MORTGAGE COMPANY 3415 VISION DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v, NO. 01-1601-CIVIL TERM TERRY L. SOLA PATSY J. SOLA Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of1940, as amended. (b) that defendant TERRY L. SOLA is over 18 years of age and resides at, 1036 DOGWOOD LANE, ENOLA, P A 17025 . (c) that defendant PATSY J. SOLA is over 18 years of age, and resides at, 1036 DOGWOOD LANE, ENOLA, P A 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FEDE , ESQUIRE ttorney for Plai tiff n~, '':'''"', ,.. -11 , , I, po . ;- " "FL_ M ~W~ ~~~ C" '-"'"~'-'__=$P~"'''''~~~~'''C_''_'''~~''' ,~,"'___<'~'_'" _,~ - ~limT il [iT 'c' 0 0 0 C -,-, s:: V) -v 0:; fTI -n 5201 -0 r== -'-' =S~ 7C m..-; c. :::S;L. <> r ~, ..-oi _~ <~ -<;1 -r"'" )> -'1" Z"':-'}:D .2(") -, 'Ci'0 ~-C) LJ ~,rn )>c:: '-: ~ '" j;) ::0 U1 -< ..- _,~ ~MIJ~ L! 'l!JI!~_~ _ ~~%'i<:-J!.,~I"'I"",''''''''""",j'"~iiPi'"-l>!l~'''',i!;Hm!ffl~~ill~~og;,'$),"0'i""1l-e;I;jY,':f""'-'l''?-'''''''')\IJ15'li<?',ii'~<NRi' (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHASE MORTGAGE COMPANY WEST, FfKlA MELLON MORTGAGE COMPANY 3415 VISION DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 01-1601-CIVIL TERM TERRY L. SOLA PATSY J. SOLA Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on Of -' /0 2001. By?J:-Jh~ If you have any questions concerning this matter, please contact: E ttomey for PI 'ntiff NE PENN CE R AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" if' w r" ''" ."",, .__.lfJcl " - ~' _~1!lW~ . "'-~-r-"lll'_, I '" ,",'~, ',.?" " ,'" "?~'T """'~V~(T' rIT"'~IiU "ILJ:""'IiiI'l ' ""''if g c- o -' -"11 tI'J .'-\ ;:: '~\~\;L; -'01:>> ,..,.\ I:P~ '-0 \--''! .-<--:~ - :~(? :2:[-, 0 ()rj U?~, :::;!:~ -:::>~""'::; -0 kC..' -/ 0'(") :"0 -" Zen 20 r..f.' 9 7~ r-' ;;;;' k :Q ::2. (.n ,.{!ffi'-ilrJf>€"""'''~''''''''''1':-"''',W,'t.-:F-"'"!M<!;","IIl<!!iilm)!'N<1l~.ll'''$W;8,@i,,,,!,,,,"'7';j';%Wt'l;~~~~i!ft~~[, . UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA rN RE: Terry L. Sola Patsy J. Sola Debtors Chapter No.7 Chase Mortgage Company-West f/k/a Mellon Mortgage Company Movant v. Terry L. Sola Patsy J. Sola Respondents 1 Ofl1 ORDER(\11 tel AND NOW, this j day of '-1~C . consideration of the Motion for Relief and Motion for Default of Movant, Company-West, flk/a Mellon Mortgage Company, it is hereby . 5100'-11&070 *"FNMIl:t< f1 ( {q( (<) (eo WJ)) J~ ~.~~ rA(l,L': f.J (, , ,2001, upon Chase Mortgage ORDERED that the Order for Relief be entered by default with respect to premises at 1036 Dogwood Lane, Enola, PA 17025-2040 a/kia 1036 Dogwood Lane, East Pennsboro, PA 17025, to allow the Movant to foreclose on its mortgage, which mortgage was recordet. in Cumberland County, in Mortg,~ge Book 115':;, Page 865, to allow the Movant to foreclose on its mortgage, and allow the purchase of said premises at Sheriffs sale (or purchaser's assig;Jee) to lake any legal action for enforcement of its right to possession of said premises; and ORDERED that Rule 400/ (a)(3) is not applicable aIle Chase Mortgage Company- West, ffkfa Mellon Mortgage Company may immediately enforce and implement this Order granting relief from the automatic stay. By the Court: IS: RoDer! J. WOOdside Robert J. Woodside, Bankruptcy Judge cc: Judith T. Romano, Esquire One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 Brian J. Tyler, Esquire -! 719 North Front Street Harrisburg, P A 17102-2302 Terry L. Sola Patsy J. Sola 1036 Dogwood ~ne. Enola, PA 1702.50::,' 5700496070 ' Markian R. Slobodian, Esquire (Trustee) 801 North Second Street, P.O. Box 11967 Harrisburg, PA /7108-1967 .----' ",_'" l ',,"",",."~\.\\ ',,'...., ',-:-~.)cc'\ \.. ',I',\., \ ,,-", "f~JY _--,-,.,.'\C'/ court .' ::3.,..,.0>' !:)GPuCi Cletl< -~ ^"""'~""- ,," ~" " _F ~ h " ',_'"~ " ~''''''f!'!- !.~"""~,'...!' . __,,,,,,,l!i1llmll!l.,.~~~p,~'~"il'IW,",,*'~"):"'~'F'Ji"l?"""c.+,1"!,"'""')!'V'P"~!ffi"!l%~_~I9"i"'@i'_',e':">R',;"'l!I'~mw;~M~; ........ y( ~ (" E 4, rl---. - ",-~".' "'~ ~ ~," "'I~Il~" ' "',-,"~"""",,.'"'' ''', -i14lili'i1l\l"'rp"'Ili'ili'T~IFTIr rl~"I'W.1r "nil: ""''''Q' ~~s; - (;' '-N ~. --S\ o --... ~~ >'" t ~ &- r 4) ~ <::>: '0 ...... 0- i. o g ""= -ocr:; rn !!\ '->' ,J ,<,or- zp st:2:~ ~c -;7r-.. '2:,'(:.) ':Pc ~ ~ - .-1 '~~;:1-~~ -' -:~~ c:.l C:) {"'"> __t-~_ .(S;~ ~::~n ~3 4" ~ (Jl :..:. tn ~ -0 :>:. (...:l " l ;"--"t:"'jll)j"~, . PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CHASE MORTGAGE COMPANY WEST, F/KIA MELLON MORTGAGE COMPANY Plaintiff, v. No. 01-1601 CIVIL TERM TERRY L. SOLA PATSY J. SOLA Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due 106,404.54 J Interest from 8/28/01 to 12/5/01 (per diem -17.49) 1,731.51 and Costs TOTAL 108,136.05 , ESQUIRE Suburban Station edy Boulevard, Suite 1400 hiladelphia, PA 9103-1814 Attorney for Plaintiff Note: Please attach description of property. No. . "',- '. ','~- ,,:-N, r ~.. " < - ~u ""~'''''''''''U"," >'"' -"]il1i:t!rrn'I'lltiil" ;1 III N Q r-- .... ~ ....;:!i ~ ~S Z ...l OZ 0 oo~ 0 Z ... ~~ ~=- ... f;o;1 :;;. r4 ...loo S~ U ~ .,,; ~~ ~'F v i:t:1 ...l ~ Of;o;1 =-f;o;1 -<-< f;o;1 = .- '" tl ~ OJ ~=- ~I-' ...l...l .... 0 V ~ ~ O~ 00 Oc:l '<<J 0 .0 0000 '" - 0 id' oi: ... ... p, U... 'Ii J... ~~ ... ~ S UZ f;o;1~ <2 ....:;;. ;;. ~~ OJ 1-'0 ;>, 0 il 00 ~~ v ...U ~~ a ~ g< I:a~ !:J~ 01:: 0 '-Cl Q.. ~~ .... 0 ~ '" v :;;.~ rs::6 Q ... o...l .... v 8; ~~ ... Ui ~ f;o;1~ u OJ f;o;1f;o;1 ~ -i::i ~ !5~ 00-< ~~ v - .- -< z:;;. uf,i;; ~ "'u - ," lIE! n.~,.._ ,~"il!I~~~~~f!Il~1#""'i,.,.,.",,'~q'::;'''''''';",r'-c'''''~Jl'':~-!l'i'l!'iI'NI~,NjJl!~-<l",*o/m''P3'F:W-'l}.~~ml\!!i!i\~~I!,~, ~~,~,n! . J ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern right-of-way line of Dogwood Lane, a common GOmer of Lots Nos. 55 and 56 as shown on the hereinafter mentioned plan on lots; thence along lot No. 56 South Il degrees 06 minutes West 125.00 feet to a point, a common corner of Lots Nos. 54, 55 and 56; thence along Lot No. 54 North 81 degrees 21 minutes West 125.00 feet to a point on the eastern right-of-way line of Hemlock Lane, a common corner of Lots No. 54 and 55; thence along said right-of-way line and the southern right-of-way line of Dogwood Lane along a curve having a radius of 12.5 feet and an arc distance of 201.69 feet to a poitIt on the southern right-of-way line of Dogwood Lane, a common corner of Lots Nos. 55 and 56, the point and plance of BEGINNING. CONT AlNING 12,606 square feet. BEING Lot No. 55 as shown on Final Subdivision Plan No.5 of Treemont, prepared by D.P. Raffensperger Associates of Camp HilI, dated August 25, 1987 and recorded September 23, 1987 in the Office of the Recorder of Deeds in and for Cumberland County at Plan Book 53, Page 149. TAX PARCEL #09-13-0998-112 ,/ TITLE TO SAID PREMISES IS VESTED IN Terry 1. Sola and Patsy J. Sola, his wife by Deed from dated 07/30/93, recorded 08/03/93, in Deed 'Book L, Volume 36, Pa,ge 186. .. ":~~__;''r.~ ~I',,'-' - 'n, ';~ - - " ;', ,~,~ '" ",' -, '",---, ^ ,-<~--~---',","'~"" ,'^", . . _ --'"-<'",".' '," '''~&'-~'<-~~~''-''JrlT.''"' "--ilIC"'''''' ., F ~ --.. L ~ G.> ~ r n 10 0 c: :;:: -" ,\~ J -orb U> 92f1' r'" _..~ 0 :xi --0 h'"1:TJ ZC ',-'):1"1 enJ.-"" ?-c <=> :,pC;) i',) ,I <' .~ ~~~C) ~ '"'- ~ ~o ::i 9~~ ~ ~ ~ 8' -0 ~ ........e,.., >c W ;;;:;;::,'r1 ~ G- z '--' Go :J;! , \ . \- =< ~....., ::0 C:i '&' '@ (J1 ,-< ",~ " "''~..=SImllr;"'!- ........r.._'''''f!il'r"~~~:r;;-'''f!I!Jr''MI'';.,'if--;:~"'';.,<. ),~'1l,W-jtli&~;i{:r'j''''2f~~~,M*0,jM}'':f>'~:'I'!:"'Pl~''''-!'Wi%'1tl!'ll%~Jj~~H''' '. CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION TERRY L. SOLA PATSY,J, SOLA NO. 01-1601-CIVIL TERM Defendant(s). AFFIDA VII PURSUANT TO RULE 3129 (Affidavit No.1) CHASE MORTGAGE COMPANY WEST. F/KIA MELLON MORTGAGE COMPANY, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .1036 DOGWOOD LANE. ENOLA. PA 17025. L Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) TERRY L. SOLA 1036 DOGWOOD LANE ENOLA, PA 17025 PATSY J. SOLA 1036 DOGWOOD LANE ENOLA,PAI7025 2. Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) YORK FEDERAL SAVINGS AND LOAN ASSOCIATION 101 S. GEORGE ST. YORK,PAI7405 MELLON BANK NA 10 S. MARKET ST. HARRISBURG, PA 17101 HOUSEHOLD REALTY CORPORATION 25 GATEWAY DRIVE, GATEWAY SQ., STE. 107 MECHANICSBURG, P A 17055 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 1036 DOGWOOD LANE ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or infonuation and belief. I understand that faIse statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. FED ttorney for P aintiff August 28. 2001 DATE ~. "", -, ~-" , ",~ -'~"'''T~, .? -,-, 1 .. "","," <^ -n "'~-. _, "~'" ._".~"=-< ~,~ -- o -- '2 .... --ot'P 0:; rT~, k.~ zc", r1'.'2" 26 ~ ::ee) 'h:Cl 'P~ ::2_ rJ> q, - o -li/w"r Q. ,A -(.4'1 i;~-\1;;\ -0':::> -i~~, 9 "~ :::<:. ''''0 :>:. -.,J " .,..., (JI m, -~""""1~',-7~ ,_~~~",,"JliFltf;"-\O''Ii''F1'''f;;,-''0,;j'''''''''M.":'-'i:~'!1'''fr'''l!f~_Nilf'>1i!~~,ni!W';1:;::''''i'';'H',r''~''Tnif,'''')',"mamt!~m-;Jj'~, FEDE~ANandPHELAN By: FRANK FEDE~AN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SIDTE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE MORTGAGE COMPANY WEST, FfKlA MELLON MORTGAGE COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION TERRY L. SOLA PATSY J. SOLA NO. 01-1601-CIVIL TERM Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. .-',,-i ,< " ,-=- ,n "_~'" I'S'-'- .:c - - ." . - ."~,," < - ". .-' "!' ~=-' ""'-" """I I ---'''''''.''''-.-- - o 0;; ~.. -o(P rD") z-', m~; ::<"'.,c, r:;.t...; ~o _0 >c:: ~ c;:; - tI> q - o _...._..j~1 T Q, -:? :::J;. t.-' .. -' T~~> :{~.~ ~7_s..11 ~. "),,' ?~ ...." ()1 ~~~~-!"'fC:""""'R',;c:',"m-,o;"1rl~~;mc~,~r~--1~'l@f,"1'\m~""",'jjW'!'f!"!'~5f~'IP'f"'~\'~Wl""~~~~{' . CHASE.MORTGAGE COMPANY WEST, FfKlA MELLON MORTGAGE COMPANY Plaintiff, CUMBERLAND COUNTY No. 01-1601-CIVIL TERM v. TERRY L. SOLA PATSY J. SOLA Defendant(s). September 5, 2001 TO: TERRY L. SOLA 1036 DOGWOOD LANE ENOLA, PA 17025 PATSY J. SOLA 1036 DOGWOOD LANE ENOLA,PAI7025 , ""TillS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VB PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TillS DEBT WAS NOT REAFFIRMED, TillS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."" , Your house (real estate) at 1036 DOGWOOD LANE, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on DECEMBER 5. 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $106.404.54 obtained by CHASE MORTGAGE COMPANY WEST. FIKJA MELLON MORTGAGE COMPANY (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the MARCH 6,2002 Sheriffs Sale. 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 the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. '2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. -<<":C'I"'I'''''''''\tIIl'!l> ~ I. -, ,- - Y 6u may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fmd out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To , find out ifthis has happened, you may call (717) 240-6390. 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 the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that 'time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schednle unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE TmS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. .. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 " = , , ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern right-of-way line of Dogwood Lane, a common sorner of Lots Nos. 55 and 56 as shown on the hereinafter mentioned plan on lots; thence along lot No. 56 South 11 degrees 06 minutes West 125.00 feet to a point, a common comer of Lots Nos. 54, 55 and 56; thence along Lot No. 54 North 81 degrees 21 minutes West 125.00 feet to a point on the eastern right-of-way line of Hemlock Lane, a common corner of Lots No. 54 and 55; thence along ,said right-of-way line and the southern right-of-way line of Dogwood Lane along a curve having a radius of 125 feet and an arc distance of 201.69 feet to a po~t on the southern right-of-way line of Dogwood Lane, a common corner of Lots Nos. 55 and 56, the point and plance of BEGINNING. CONTAINING 12,606 square feet. BEING Lot No. 55 as shown on Final Subdivision Plan No.5 of Treemont, prepared by D.P. Raffensperger Associates of Camp Hill, dated August 25, 1987 and recorded September 23, 1987 in the Office of the Recorder of Deeds in and for Cumberland County at Plail Book 53, Page 149. TAX PARCEL #09-13-0998-112 ./ TITLE TO SAID PREMISES IS VESTED IN Terry L. Sola and Patsy J. Sola, his wife by Deed from dated 07/30/93, recorded 08/03/93, in Deed "Book L, Volume 36, Page 186. . . ~ .., ,'" ".'., ~ ". ", .',.. , " . ~v :"'.IIT - ~ ""~ -~,,~ ,..-~~~..~~ ~, ,- ~ ~~.~- ,,~ ,. , (") C) r~, .....-. C --p .~ en ::.:.... -oeD r"l mr-;'-l --::J 2.:0 .,J.:1::,-; z~. 0 (/).,0;"_' (':.' :,::; ':--<',L.., c;.c; " :r: '-:n i?-- ....<l. ~2~ ~-~ Zl, ---0 r..:? ;J>c ~ ~ r-:> :n {1' -< !l!P ,.~""_ r,,~i!l.~l!>'f:<!'fllO'Y"'W"~-'''''~''''~i:C''''-:"':r~:'':'''I'~'I0l1!);MV!!ll':~~~W~1!1!~l!ff~"'Jmml"1"1i1~mi!lttI!lRI:!\..jI!i'?i~' ,-= Wi "' .' . ~ 'CASE NO: 2001-01601 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: ~ COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY WEST VS SOLA ERRY L ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SOLA TERRY J the DEFENDANT , at 0014:44 HOURS, on the 28th day of March , 2001 at 1036 DOGWOOD LANE ENOLA, PA 17025 by handing to PATSY SOLA (WIFE) a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.30 .00 10.00 .00 37.30 So Answers: . t"~ ~~t:~ R. Thomas Kline 03/29/2001 FEDERMAN & PHELAN Iv II ~ day of By: ~ /~; 9.eputy Sheriff v/ Sworn and Subscribed to before me this ~ cLbt)( A.D. ~, () ~# r thonotary ,,-<!.;j!!i!~m~ ~ " r' "l.r - I :" ~f' (ii:,'J;. ".. SHERIFF'S RETURN - REGULAR CCASE NO: 2001-01601 P COMMONWEALTH OF PENNSYLVANIA: . COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY WEST VS SOLA ERRY L ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SOLA PATSY J the DEFENDANT , at 0014:44 HOURS, on the 28th day of March , 2001 at 1036 DOGWOOD LANE ENOLA, PA 17025 by handing to PATSY SOLA a true and attested copy of COMPLAINT - MORT FORE together with NOTI CE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 rV ~~t:~ R. Thomas Kline . 03/29/2001 FEDERMAN & PHELAN me this JIIJd day of Sworn and Subscribed to before By: ().n,. -f :L6v ( A. D. U (:)~t~n~a~'Ofl " ~ --'''~",!F'~'' .""~~ T' ., ::::rPtr- ,. AFFIDAVIT OF SERVICE , PLAINTIFF CHASE MORTGAGE COMPANY WEST, FOOA MELLON MORTGAGE COMPANY No. 01-1601 CIVIL TERM DEFENDANT(S) TERRY L. SOLA Type of Aetion PATSY J. SOLA - Notice of Sheriff's Sale SERVE TERRY L. SOLA AT 1036 DOGWOOD LANE ENOLA, PA 17025 Sale Date: DECEMBER 5, 2001 SERVED SOlVed and made known to --re (<~ 1 L, s;, I t\ at 7,'fS.o'clockel.m.,at (03' OOj"lood . Defendant, on the 17ft, dayof~, 2001. L.t-J. . . f"foiola . , , , Commonwealth of Pennsylvania, in the manner described below: X Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to.give name or relationship. Manager/Clerk of place of lodging in which Defendant( s) reside( s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: '" I/o, L ~ \ Description: Age~ Height 58 Weight (cPO Race Wk sex.J:i... Other vc~t< tJ. 5 "S''''' I, cl dlte ~ c.e. j.., Ca~ 1 ~a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated abov NOTARIAL SEAL Sworn to and subscribed ANNE G. BORVAN, Notary before me this I g-+>- day Chambersburg B' . {"fan n of Stpte~ . 2001.. My Commission Expires Notary)'2n M-;O' ~ By: ;I Ofr;} - NOT SERVED On the day of . 200_. at o'clock_.m, Defendant NOT FOUND because: _ Moved Unknown No Answer Vacant Other: Sworn to and subscribed before me this ~ day of . 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 'J'ill~ , O'q~ ~~- "". ~ ",~.", l --~" '"-'''~~''-''''''~~j';" ',",,,,, '~-''".' ,.,,-, ,', ;""'._,"; ,''''? ""-"";'Iri~ '-""""""'i""*tI""'f-<>-'- J~~._ ~-'J;::rtr_Y1r"_1 ~"'~.~ (") c -oii} rnrT; ~~: ~" ~~--' r:(--: ~=- 2:( ; 0(~; ';--'c: z -j '", " i c.. '-=(, a c> .-1 -"C) _..!:e>, ~ =:; ::r~~- :0 -<: ~. 'c- "_Jill j _, ,!S1~:;<l'I~~fj~lf'f"""l1HC";'''*;>''i-'_~r;r''J,s#R1ffl;~'IfflIM~llf.!!lm~~~~~~~~ilj,,,!,_" _~ _~"r,;,1 AFFIDAVIT OF SERVICE ,PLAINTIFF CHASE MORTGAGE COMPANY WEST, FIKIA MELLON MORTGAGE COMPANY No. 01-1601 CIVIL TERM DEFENDANT(S) TERRY L. SOLA PATSY J. SOLA Type of Action - Notice of Sherifrs Sale SERVE PATSY J.SOLAAT 1036 DOGWOOD LANE ENOLA, PA 17025 Sale Date: DECEMBER 5, 2001 Served and made known to ~ -tS' f :r I at 711S .0'c1ock~.m.,at 10 3' ()l,..,ooJ SERVED StI\e , Defendant, on the I '> 1~ S'.1 _ / day of ~r\f.. 2001, I t= Nola , Commonwealth I-tJ. of Pennsylvania, in the manner described below: ' Defendant personally served. J 1 I X Adult family member with whom Defendant(s) reside(s). Relationship is JI \J If 'O~ tJ & . re j(f.. Y /.... So ~ Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside( s). Agent or person in charge ofDefendant(s)'s office or nsnal place of business. an officer of said Defendant(s)'~ company. Other: (~~ . Description: Age.!/Q- HeightR' Weight~ Race W~ SexA. Other b(itt< ~, JJo 3\~.5e.. I, S!;;>v\tlJ<t. t.., C':l-~l: y 'J,t'. a competent adult, being duly sworn according to law, depose and state that I personally banded a ltue and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated abov . i NOTARIAL SEAL Sworn to and subscribed ANNE G. BORY!\N ~hlary P. b ~ thi I!t"'- da Charnbersburg ilL,. ,ial1~r C ef ~1.._ ~ -;:-- y My Commission Expires D 1 o I U"-LV'"'. , 200.!.. . NO~'i ^-'- jJ. ~ By: NOT SERVED On the day of , 200~ at o'clock _.m., Defendant NOT FOUND because: _ Moved Unknown No Answer Vacant Other: Sworn to and subscribed before me this _ day of . 200 _' N ctary: . '. By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 . '~r ,~~... . r . 'u ._~ ' "-~ _"~.-",,,,^Y"'C'-"'I''''''"''''<O;',,,''' _ ,_~",'''""",',"~~~"_,",,,,,~w,^ CJ S; .uCJ~' rnC: 2..1_' ZC' (/) , - -< I~ "'- :;2 C) a :~ ~' .~.. _<eo ""',"rrtf." " ; ~._', 'lI!!II ...~,"""""" ~ l..,..... _ ~,,"'lumn!)!,~~''',~'"'%'!':'"\Vrm"''~"'':wr'''.~'''i''''1l'''"'fm:m;~~~ ,~~Jf1!iN!!~_m~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY WEST, F/KJ A MELLON MORTGAGE COMPANY 3415 VISION DRIVE No.: 01-1601 CNIL TERM COLUMBUS, OH 43219 vs. TERRY L. SOLA PATSY J. SOLA 1036 DOGWOOD LANE ENOLA, P A 17025 PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY Kindly mark the judgment that was entered in the above captioned matter on May 4,2001 vacated upon payment of your costs only. 1/1 /J/tt/1- -=}, vJ Q. NYV\.O.IY\ PraiJk Federman, Esquire Attorney for Plaintiff August 28, 2001 - "-~ "..~ ~-,- , .. ',' f ",-,- "'_',.,.',,- -,,~' .t. ~~ '-,~,""-'F"'-,". ." - ---'-f',;C-""~j"'!.d,"' iil'4:"'''.''''''H'llf''- ij'ITitlltJ"'.' ~'.~nmlrml '-~l"">" :"_rJt"" () <:;:) () C ,., $: en .--! -om fTlm f"l"I a:j;TI Z:o " 6i~ <::> =-};:p:~ ~L (~) r: ;<0 ;0. ~~ P. ZC ::l1: -0 )::"c ofn Z :.n ~ =< (::::l -< ~~..II!\)J,T*",:GI!l!ll1i~_~I1\?!M1!'l!~~~flf~rr "'= ,._,,~1W;'!'lJlfi1J-'i';"""~",'i'iW("'_',1"'F:>"'~~'i'-"'l'~1f1"Tl7~jHl!!'!gi15l!l'i,g-ofc~"1"'f!\',;'JRFIlri!oIJ~WM~~~::- - I 'y FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. 1.0. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. TERRY L. SOLA PATSY J. SOLA CIVIL DIVISION NO. 01-1601. RULE AND NOW, this 'd-Yv' day Of,J~ / 2001, a Rule is enterE:Q upon TERRY L. SOLA & PATSY J. SOL.Z1., Defendant (s) to sho',.... cause why t- f,,-: d ': '_:.,; :r,""l Order for Reassessment of Damages should not be entered. RULE RETURNABLE t~ d.f~~., ( A.f'fuL- .5 M.. vi t.. t.) J. ~ ~~\~'R LJ-~ , . . " VJNVAlASNN3d AlNnOo Qi\filf:i.38i/1lno 6S :" !.la' . 7 ,,~ I.v lION I (J Ai::I'?10hChiC_:....:,! 'e' ". ~J") :;.....jj fJiL.("'j:~'I' , ....'.n.J-_'....r ",:':! It:, q, 1f'"!l/ll1WJ~~"..,..,,~ a"_~~""",~_",, ,~~ F.M_~ ,__^,_ ~ "._,_,_~.""" '~~"~'__" ~_ ,'u'_. ..._" . ,> ,_J~"!~!\~iffl')'~W1'~.!J')i!;~,'!~\h\!(III!'i':"~~""'.,.~!J"fi!~'fi!'lll~</!i1!~~~!!;!~_m~,~",~__, ~_1~'- - .....--- _~-- t ~j.- FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 . (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. TERRY L. SOLA PATSY J. SOLA CIVIL DIVISION NO. 01-1601 ORDER AND NOW, this day of , 2001, the Prothonotary is ORDERED -co- j:easseSB. the damages in th,i.s. case_ a.s. f.QJ.lows: Principal Balance Interest Amount 8/1/00 thrDugh 12/5/01 Late.Charges Legal fees.' Cost oT Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit -~AJ675.10 ~ 9,222 .Q9 247.63 4,000: 00 1, 131 . 00 - 14.UU ~<.Q. CJO 0.00 .. 2.529.41 - - - .1._ __ _ ~ TOTAL $111,819.23 Plus interest per diem from 12/5/01 through Dateo.f. Sale at. SLlL (6% ) percent . NOTE: THE ABOVE FIGURE IS NO~ A PAY. OFF -SHERIFF'S SALE COSTS AND COMMISSION AE.E_NOT .J.NCLPP:ED IN TH!:.ABO\iE FTGpRES..._..;.....> _.. .___.u.... BY THE C.OURT:_ " ..... .-- . FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY. CUMBERLAND COUNTY COURT OF COMMON PLEAS va. TERRY L. SOLA PATSY J. SOLA CIVIL DIVISION NO. 01-1601 PLAINTIFF'S PETITION EOR REASSESSMENT OF DAMAGES Plaintiff, by its .Attorney, Daniel G___ Schmieg, Esquire,. _m~ves the Court to dire.ct_ the Prothonotary" to reasses_s the damages in l;his._._lll.?::-tt.er, ;J.l)9 .Lli support. thereof avers the_ fo_llQw.io.g,: 1. This _ _is an :i;.ctiQri lii~ - J:VJortgage forec19~ure in _ whi9h_J~dgment was entered by default da_t_ed..s:>.n_AUGUST 28, 20Q1 iQ _thE;.! _~mount of ~~106J:_ 404 .,_?4._ 2-. A Sheriff 1 s_ Sale of the mortgaged premises was postpqned or stayed for the following reasons-: -ThsLQef:endant{s.) fil~d a ChaPter 7c:--1.3~~kruptcy (#01- 02575RJW) filed on MA.Y" 3, 20-0T. - Pl_aTiit.Tff __ obt_ained reJ,ief _f,kQITL-the !~ut.omatlc. stay by the Order of . Court dated JULY 19, 20D1. 3. The mortgaged premise,s a~ - listed for Sheri_.t:~ 5 _.3.,uC'~ pn i).r:;C[:~r.JU)::F ;>, ... 2001. 4. Additional__ ---..sums'. ha'-ve 'peen _'I_hciii:":r~d .or. .e'xpende'd :on.=':' Defendant (5) t behalf during- the time tb_e. S9.1em""w.a.s, postponed or " stayed, and Defendant{s} have been given credi.t_ fo.( __any paymenls ---.L~idl :,-;1'.'" :....It>_. made since the judgment, if a.ny. follows: The amount of __da_m_~ges _ shouLd. now p.;:a::!, rl:S Principal Balance Interest Amount a/l/DD_through 12/5/01 Late Charges Legal fees Cost of Suit and Title_ . Sheriff's Sale Costs' Inspections/Other Appraisal Fees Escrow Credit Deficit - ~n r_~' .. '- 1,\ .~-' 222. 09 247.63 4~OOO~00 1,131.00_ .. n '0 .00 .. . 14.QO 0.00 0.00 ""2,529.41 TOTAL $111,819.23 5 ~ Under the___ t.erms _of th.e mortgage, Plaintiff is entit..lea t.Q__.inclusion of the. figures set forth in par-agrapn four in the amount of jUf:lgrnent against_ the Defendant(s). WHEREFORE, Plaintiff_respectfully reqUests this Honorable Court issue an Order to the ProLhonotary to reassess ~~es as~ above. DanielG. Schmieg, ESQUIRE Attorney for PlaintlIf - -2- FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. 1.0. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (2151 563-7000 CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. TERRY L. SOLA PATSY J. SOLA CIVIL DIVISION NO. 01-1601 BRIEF OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I . BACKGROUND OF CASE Plaintiff and Defendant (8) entered into a Promissory Note and Mortgage Agreement, wherein Defendant (s) agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff's Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub -judicia, Defendant (s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant (s) were not going to cure the default and bring the loan current, Plaintiff comrnenceJ <.l 1.k:L r yd'j'_' Foreclosure Action. Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation ot the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date I damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in Order to protect its interest. -.'fp.~I"""""'t'~I"' , , II. ARGUMENT FOR Rl;:ASSESSMENT OF DAMAGES The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reasses3rnent of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation..." In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the l'1ortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule l037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon defaul t or a.':1r,', ~ '-:c; 1 ')';. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exerClse lts equitable powers to control the enforcement of a judgment Cind :""0 -de,..!:; ~.. relief until that judgment is satisfied. 20 P. L. E., Judgments See. 191. See also, Stephenson v. Butts, 187 Pa.Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortqaqe Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa. Super 1988) . In Chase Home Mortaaoe, the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleadj nq j r: mortgage foreclosu:r:e action, a mortgagee II... could proper L V friO i~ amend the judgment to add additional sums due by virtue if the rr.cntc;a:.:;e':..; failure to comply with the terms of the mortgage agreement.. hi. ,;.tL "-..'1. Because a judgment in mortgage foreclosure is strictly in rem, it 1 S that the judgment reflect those amounts expended by the Plaintiff lfl proce<"':llng the property. (1971). See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 Plaintiff submits that if Plaintiff went to sale without reassessina damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages " will not be detrimental whatsoever to Defendant (s) liability, The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. Bank cas~ that the debt owed on a mortgage changes and can be expected to change from day to rla'y', b(?(',:'Jt::'> '\,'- Pennsylvania must pay expenses for the property in order to protF"'(~t l.t collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lie:, i~, :t,.;! extinguished until the debt is paid, Plaintiff must protect its colLJtol-,)J t;~:. until the date of sale. See Beckman v. Altoona Trust Co./ 332 t\:.J. ~"):jf as it imputes no personal 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, anj such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff I s Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff I s judgment amount. May Term, 1986/ No. 2359 ICCP PHILA. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. FEDERMAN AND PHELlIN a~ DANIEL G. SCHMIEG, ESQUIRE _,;;_~'!l<~~, -. '. ; 'C;;""""""""""""'nT .J''''' ... ~ Pl='c::i\,.::-; 0/'\.... J....A. ~ L .~ 8al~ ). :'t, -. ~ I ~.. ~ _.' j ;f ~ ~ 3 /-S FEDERAL NATION~ MORTGAGE ASSOCIJ\TION COUR"7 OF COMMON l?Ll~1\S 1'HIL~.DE:Ll?llI1\ CO.Utl'r't CIV~L TRIAL DIVISION V5. . JOSEPH JEFIr:E:RSO!'/' and. . ROSIE JEFFE..~SON, his ,,,ife HAY NO. . .' TERM,: !9B2! 2359 j...... O.H}it . . :. ORDER AND OPINION \ .. I ;.. I rea , 17db, \ WllITE, J. AND NOI~, this '. if day of upon cons idera tiOl! of P lain tiff, Feder.p Nationa 1 t10rtgaQe AssociatiOn's Petition for Reconsideration Nunc 1'ro Tunc of this Court's Order of November 7, 1985 and the Answer tht,rc;to of Oefendants~ Joseph ~efferson and Rosie Jeffe:son, it is hereby ORDERED and DECREED as'fOllOWS'\ l} Said p~~~~on is GRANTED: O,r. . ! -~~ .~ . 2} ~'li~~Otlrt's Order of rlovember 7, 1985 i:; l ",~J' ,5:'" . ,(/,. . REVERSED and ~laintif~~s Motin~_for Reassessmcnt~Qf Damaqcs is .. r '- ~'-,."" . " \, ",t~"" . GRANTED: "\ \. . \' -l...I.,:;' . -('1',\;). ;;.(,- . . . 3) Ju'~~;t is h~rer;y lncrcaM,d to $6,147-.71. '- :' 13ecaus<~ Pl,aintiff was req\lired to ac,:ept curr,mt I.. : mortgage payments upon thr: f.iling of ,Defendants' bQ.nkruptc;y petitio'll and in fact did so, it is necessary ::.0 rC1lssr!ss the an:ount of da~lage.s that initially were llssessQd ..fter judgment by default was entered in this action. Because Defendants have not refuted the specific amounts claimed - 1 - "--, ... -.'-, ,JUl...::>U ;.,..=1 J.."" y<.) .Jv-,'-/..j I '"' .....................--.... "'.~ J - .:" /"','1 ./ ;q!~JiIIlI by Plaintiff in the instant Motion for Reassessment, till,. Court finds that Defendants have admitted these amounts" pursuant to ?a. R.C.P. 1029{c). EY THE COURT: ~V.--:- THOMAS A. WHITE, 3~ . JI - i' . 'i : : ~ ." ~' , ~, ; :. " , , \ , VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pac C.S. 54904 relating to unsworn falsification to authorities. DATE: November 19, 2001 d~ Daniel G. Schmieg, Esquire Attorney for Plaintiff ~~ . , . FEDERMAN AND PHELAN by: Dani~l G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563 7000 ATTORNEY FOR PLAINTIFF CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. TERRY L. SOLA PATSY J. SOLA CIVIL DIVISION NO. 01-1601 AFFIDAVIT OF SERVICE Daniel G. Schmieg, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on November 19, 2001. TERRY L. SOLA PATSY J. SOLA 1036 DOGWOOD LANE ENOLA, PA 17025 DATE: November 19, 2001 ...... ~ Daniel G. Schmieg, Esquire Attorney for Plaintiff ;,,~-~ .- -~-~ r _ 1,\1 ~ ~JlIJ!lll'!!fIII'lIf1" -""~~"." "" I' 'ftlft'! ->.^ 'c"",-,"-' - "-''"'''''-,~'''''- "' ,.-,,;;,--,"~ ';;"'J, "~-f""'-' ,--"", ...,'..,.....'..'AA!iI ~ 0 C) () C ~; ~n r:: z , ITJ b,w' ;~:J ," 1--1-; ~- ~J "'- :.:~ '} 2: foG r...) ---.., ,-~', co (:J ~"1 '-","'if -< ,_:) r:::: r=j ,,-j ~ "TJ r ----' r _!.1 > () f0 " '- ) c t=! ;,; Z "4 ,:< v.) ~ -.....l -< il "~ ,,_, rFf!!I""-''\.f'q'''1m~'~~~V.'''",,"t_W>$'-''''''~'i'",1W!f'il'!''''1l-~Il~~m<~,!,j~-1!iIil~g, L, "~,,",/ . FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. TERRY L. SOLA PATSY J. SOLA CIVIL DIVISION NO. 01-1601 PRAECIPE FOR RULE TO SHOW CAUSE TO THE PROTHONOTARY: Kindly enter a Rule upon TERRY L. SOLA & PATSY J. SOLA, Defendant (s) to show cause why the attached Order for Reassessment of Damages should not be entered. OOv Daniel G. Schmieg, Esquire Attorney for Plaintiff ;"'~"'~"*~'A'~." ~ , , , SALE DATE: DECEMBER 5. 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHASE MORTGAGE COMPANY WEST, F/KIA MELLON MORTGAGE COMPANY No.: 01-160l-CIVIL TERM vs. TERRY L. SOLA PATSY J. SOLA AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1036 DOGWOOD LANE. ENOLA. PA 17025. As required byPa. R.C.P. 3l29.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Supplemental Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. November 30,2001 ""!'I,\flf~~<'" ~~ _ 'T- ._~~, l' . -~ ,I - CUMBERLAND COUNTY CHASE MORTGAGE COMPANY WEST, FIK/A MELLON MORTGAGE COMPANY No.: 01-1601-CIVIL TERM vs. TERRY L. SOLA PATSY J. SOLA SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.2) Plaintiff in the above action, by its attorney, Frank Federman, Esquire, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1036 DOGWOOD LANE, ENOLA, P A 17025: 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ,0~1fjJ\"'~.~ "-.., I' I"" '",' ".- - CHASE MORTGAGE COMPANY WEST, FfKI A MELLON MORTGAGE COMPANY CUMBERLAND COUNTY ) Plaintiff, COURT OF COMMON PLEAS . v. CIVIL DMSION TERRY L. SOLA PATSY J. SOLA NO. 01-1601-CIVIL TERM Defendant(s). AFFIDA VII PURSUANT TO RULE 3129 (Affidavit No. I) CHASE MORTGAGE COMPANY WEST. FIKJA MELLON MORTGAGE COMPANY. Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .1036 DOGWOOD LANE. ENOLA. PA 17025. 1. Name and address ofOwner(s) or reputed'Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) TERRY L. SOLA 1036 DOGWOOD LANE ENOLA, PA 17025 PATSY J.SOLA 1036 DOGWOOD LANE ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None .;C:;Yl"p~",--~ ,--{ ". , 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reason~bly ascertained, please so indicate.) ; YORK FEDERAL SAVINGS AND LOAN ASSOCIATION - 101 S. GEORGE ST. YORK,PA 17405 MELLON BANK NA 10 S. MARKET ST. HARRISBURG, PA 17101 HOUSEHOLD REALTY CORPORATION 25 GATEWAY DRIVE, GATEWAY SQ., STE. 107 MECHANICSBURG, P A 17055 , 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) TenantJOccnpant 1036 DOGWOOD LANE ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania '. Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge' or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. AUl!Ust 28. 2001 DATE FED ,ESQU]RE ttomey for P aintiff ''''''ff4P'''__~'''''' , , o o ..,. - 2... 'S "" = '" " o .. '.p "..l bJ] ~!a~;! tii~o~ :c.oal", ~~ ~~ e...1;o; < ~ (1)-< =~~ ~8";i a .a..e- o ~ 0 ~"" al -011,)1:'""-_ ~=~:.a ,>-0-"" "CO II ;::i"CO .. .. = s.a~ ~~o <I'~-\~">"''''''''' " u ] '" ~ = t z'e.!!Ii .. ~ 8..~== ~!-------'lOq~S9()9 ~-= - a.g d ~ ~g ; <.> .:~ __ ,_ __' _! :-}ol lJl'I:"'fr. - - . .. ~.~ "-"" I -:m.~M; , ~ ~.;; ~ u ~ . ~;-_ ..: ~_.o - !~~t.j,;.E C.C: J3~ _~) :s~:g8 E";:; ~ ~ II :: ciJ,~~,jG:,n l~' ...::~~"....': ;:! i!! ~ V'l .5 ~ ~ u . ~-~::=~--:g#?:rL:~- -- '~';~~" >( ..: ~ ii ~ ~"a ; .. ~.~ ~ gJ !:'';:; ~:.: .- ~ " . on r5 ~ 0. = 0 ,,11 rJ .j ~ ;g~.g - ",: "<~" "')'-~" ~ ~ 5 ~ '" ..... 0 0 - I'l '~i~~ < '" .' " e ~ >,- ~ "" U :,-' i "E...8.~ ~ - .g.g.~d < ~ )' , J ." "" , " E';i E E :1 I ' / }. ~:E.g] , I'l U . -- / ; ~'s.~ '" '" on ~ 5 ,. - ~ 0 ~ <;;;t;3.2f ~ ..,. .- U UJ.5 I- ..... r-: .~ i; ~.8 - 0 = -.:;l I: 0 U < - .g ~J:! 8. ~ ~ vi" "" <.r.l ::;;=~';qe ..... ~ = $i! 2! ~ ~ '" b o 3 .....~ 0 ~ N '" ~,g~:a~ >:: 0 6 '" 0 >- ':g.~ g ~ ~ fil I'l '" ~ ~ t Q..g ,.; ~ ",'';: Q. ~s 0 .;:; ~8'='E > "" '" ..= 1:l o. E;;: ~ ~ ~ ~ ~g~i~ ~ 0.... o;.'t'-- b = 0.... 5: N i3 .g 5 ~ ;:!~ ~ - f'= 's.5"C ~ on Cl 0 ~~;.=;; ~ 8 - ~- i::l '" <'I C <'l ~ r.ti ..... :':=.91!O:: ..... - > ;a~~~g 0 - - >- < ;! z 0 ~ 0 ~2:g'~~ - "" Cl ,;,,>lA '" ~ ~ ~ r5 - >- i ",: < - 0 ~ b ~ ~ I'l = < ~ " - '" '. ~" u ~ i3 ~ !il 0 '" u ~ '" (; ! Q '" :c on ~ ...l < N ~" Q ~ . z ,.; ~ ~ 0 < '" " u 0 0 b - .. ~ ::i ~ ....l b " - ~ ~ ~ ~ u u ~ <;:; ~ .. G; 0 ~.2 .. 0 ~ ~ .. Q ~ u ~ ..w u >- '" '" ~ IS ,..., 0 0 0 0 0 r.ti U ii '" "" - i!i 5 >- " 0 >- .. b > - "l! 0 ~ . ~ ~ ~ < <" " '" Z t 8 ....l ~ gj l: ~ '" gj . u ,; Q u 0 ~E ~ S:l ~ 0 ~ c:o ....l a::: 0 E Q 0 -~ b ~ ~ 5 Q . .. :con "~ .. >- .. '" ~ ~ ~V> ~. .. ~ ~ ....l ",0 ~ ...l :;:J~ Qil u Z z > E 8 ~ 0 ~ 0< g'ij . Q >- ~ Q ~ Z :c"" ....'" ... ., ..c E <:> :;, .... z ,..; <:> "" ., j ~ " 13 '" .lj <:> = ~ <:> Jl 0 .... -~ '" III ~" u"" .." s.::!! ~ - N '" ..,. on '" ..... 00 a.. 0 - N '" ..,. on z-;; - - - _ u ;.::l - - - 5 0 o.:l:! ...... "o,.r~ ~~I~r"""- . I:; .. ""'J . ~,_ "'r<'!<~ I'l!e""",~~, , '" -<e' ~'T'- '1"" "-,,,,~" ,-, ',." ."n' <<W);t,.<",-. ,j-~,~" ,;;-;" '"''"-Io.;k;?.'",\~qo'',-",;ie V'~"c ,. ,,,''-)'.'- le<;_*'d;'- "~"TnTl1inlrJtrYtot~'~!t"<~ J:lIr"~" o s: ;=M F~~ .;..... "! I ~iL c~_~ z~~ >c 2: ~ ~. c' CJ ''1 ,", , G.) P'\'""! , j-; ':,~;;f.:-) -;"'~i"l--i :::::; .."-~ :n -< r....,J (.n Lll """,~BIlIlf.~~'f'"ffiW"'''l'ifiC'~;;;\,,,,~;;,~~-:!''''';~;OS:""F!~''ll!~~!W&1f~~'W'll~Fj~,,,,,,,""",.."_.,..,,,/i "0> ,.. -:{:; :$.~ . ol; -,;.,!,",,,,," .. I FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION PIDI"ADELPIDA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CHASE MORTGAGE COMPANY WEST, F/KJA MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 v. NO. 01-1601-CIVIL TERM TERRY L. SOLA PATSY J. SOLA CUMBERLAND COUNTY PRAECIPE TO MARK JUDGMENT SATISFIED TO THE PROTHONOTARY: Kindly mark judgment in the above captioned matter "Satisfied" upon payment of your costs only. -l"A ~ei~<u-- FRANK FEDERMAN, ESQUIRE December 7, 2001 ;~'~-~,..,. ~~ ,-,. , \ . ~. .. r ."II! Ii I .~ " , ~-' -. JH lr ^~-~---~-",',"'","-- - . M._-.oo!,,-.~.~""-,",-_"'f-" ." "'''''''''~"fI-'_'''''' ~ (") w '-"- c p.,) ':--!. :S:... ~~g :~~ _ I., .."- Z:Ci z,-- (J);> c:) -<....:::. ~~c:' ,-' Pc, -.--. L,......::::, r;:) >- ..--' ,_..I 1= ...... :z . " c' -:<i ~i) ["0 '-< -."...."" -. T-~IIJlIlllll'J'!ll'!IliIilll]~~: ~ ~_iilr.~..-,~lMI:l!Ilt~~~"l~.rlf'ln"i'~;_'j;'""jPJ)""_""'_~~",_'\'lfPf$~~ll~~~:v>t!ii!'I!lc~"'f>:l!ffi~ _~_ """^" ~ , '. Chase Mortgage Company West f/kla Mellon Mortgage Company VS Terry L. Sola and Patsy J. Sola In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-1601 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriffs Costs: Docketing Surcharge Posting Handbills Law Library Prothonotary Share of Bills Mileage Levy Advertising Certified Mail Poundage Postpone Sale Law JOUl1lal Patriot News 30.00 30.00 15.00 .50 1.50 25.66 11.50 15.00 15.00 1.40 2000.00 20.00 302.60 225.60 $2,693.26 paid by attorney ! Sworn and subscribed to before me So Answers: This .2.J.....(dayOf~,A7 ?"'~..-<.~ n R. Thomas Kline, Sheriff 200~A.D.~ Q. ~ ~ BUcUj ~ Prothonotary Real Estate Deputy ~,"'-;--N"'-'~"""'>W""",~ y ~,.,~~"~,~ " 1-' · f:' J. / U<... 363.Y5 /2....-.. ,:;..0 ~'y$ ~ , . .. ... CHASE MORTGAGE COMPANY WEST, FOOA MELLON MORTGAGE COMPANY 4 CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION TERRY L. SOLA PATSY J. SOLA NO. 01-1601-CIVIL TERM Defendant( s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) CHASE MORTGAGE COMPANY WEST. FIKJA MELLON MORTGAGE COMPANY, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .1036 DOGWOOD LANE. ENOLA. PA 17025. 1. Name and address ofOwner(s) orreputed'Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so in<licate.) TERRY L. SOLA 1036 DOGWOOD LANE ENOLA, PA 17025 PATSY J. SOLA 1036 DOGWOOD LANE ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so in<licate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so in<licate.) None 4. - , Name and address of the last recorded holder of every mortgage of record: ...,. NAME LAST KNOWN ADDRESS (If address cannot be reasona.bly ascertained, please so indicate.) , ' . YORK FEDERAL SAVINGS AND LOAN ASSOCIATION 101 S. GEORGE ST. YORK, PA 17405 MELLON BANKNA 10 S. MARKET ST. HARRISBURG, PA 17101 HOUSEHOLD REALTY CORPORATION 25 GATEWAY DRIVE, GATEWAY SQ., STE. 107 MECHANICSBURG, P A 17055 , 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 1036 DOGWOOD LANE ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania '. Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge .. or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 28. 200 I DATE +!&- - ,~ -, ~,," 0__' ,., \. . CHASE MORTGAGE COMPANY WEST, FOOA MELLON MORTGAGE COMPANY Plaintiff, ". CUMBERLAND COUNTY No. Ol-1601-CIVIL TERM v. TERRY L. SOLA PATSY J. SOLA Defendant( s). September 5, 2001 TO: TERRY L. SOLA 1036 DOGWOOD LANE ENOLA, PA 17025 PATSY.1. SOLA 1036 DOGWOOD LANE ENOLA, PA 17025 , ""TillS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VB PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TillS DEBT WAS NOT REAFFIRMED, TillS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY... , Your house (real estate) at 1036 DOGWOOD LANE, ENOLA, P A 17025, is scheduled to be sold at the Sheriff's Sale on DECEMBER 5. 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $106.404.54 obtained by CHASE MORTGAGE COMPANY WEST. FfKJA MELLON MORTGAGE COMPANY (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the MARCH 6,2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: L The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you 'must pay, you may call: (215) 563-7000. '2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ~'" , You may need an attorney to assert yoUr rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To , find out if this has happened, you may call (717) 240-6390. 4. 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 the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that 'time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schednle will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE TIDS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. '. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 tf!:l:lI1JJ"11Otj\[ ''0"",", : ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern right-of-way line of Dogwood Lane, a common QOrner of , Lots Nos. 55 and 56 as shown on the hereinafter mentioned plan on lots; thence along lot No. 56 South 11 degrees 06 minutes West 125.00 feet to a point, a common corner of Lots Nos. 54, 55 and 56; thence along Lot No. 54 North 81 degrees 21 minutes West 125.00 feet to a point on the eastern right-of-way line of Hemlock Lane, a common corner of Lots No. 54 and 55; thence along ,said right-of-way line and the southern right-of-way line of Dogwood Lane along a curve having a radius of 125 feet and an arc distance of 201.69 feet to a po~t on the southern right-of-way line of Dogwood Lane, a common corner of Lots Nos. 55 and 56, the point and plance of BEGINNING. CONTAINING 12,606 square feet. BEING Loc No. 55 as shown on Final Subdivision Plan No.5 of Treemont, prepared by D.P. Raffensperger Associates of Camp Hill, dated August 25, 1987 and recorded September 23, 1987 in the Office of the Recorder of Deeds in and for Cumberland County at Plail Book 53, Page 149. TAX PARCEL #09-13-0998-112 ./ TITLE TO SAID PREMISES IS VESTED IN Terry L. Sola and Patsy J. Sola, his wife by Deed from dated 07/30/93, recorded 08/03/93, in Deed "Book L, Volume 36, Page 186. . . . .: ---- .----.--,----...-- :1i"f~~ ~_ '>'. I. ' -- , , . WRIT OF EXECUTION and/or ATTACHMENT CO~MONWEAL TH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 01-1601 CIVIL 19 CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: "CHASE MORTGAGE CO WEST. FKA MELLON MORTGAGE To satisfy the debt, interest and costs due" co. , PLAINTIFF(S) 17025. TERRY L. AND PATSY J. SOLA, 1036 DOGWOOD LANE, ENOLA from PA DEFENOANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Real estate located at 1036 Dogwood Lane, Enola PA 17025. (See attached legal description.) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notny the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoinecHrom 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 subjectlo attachment is found inthe POSsllssionof anyone other than a named garnishee, you are directed to notny him/her that he/she has been added as a garnishee arid is enjoined as above stated. AmountDue $106,404.54 :;;1/.49 peL diem Interest 8/28/01 - 12/5/01 $1,731.51 Atly's Comm Atty Paid Plaintiff Paid % LL Due Prothy Other Costs $.50 $1. 00 $134.30 Date: ~Aptp.mbp.r 10. 2001 CURTIS R. LONG Prothon ary, Civil Division by: Deputy REQUESTING PARTY: Name Frank Federman, Esq. Address: 1617 JFK Blvd, Ste 1400 Philadelphia PA 19103 Attorney lor: Plaintiff Telephone: ( 215) 563 7000 Supreme Court 10 No. 12248 1814 .;;"M"'1.",",,\~~''''~~o,~~~, "Iif"'~llI!Iilf~'ij .,-,-,...,.., ' ~,~ ~ 'I ! , - L ;'- ':!~~,"~,.~,~ r . '. ~ ^ "';""" ~~,_,,--~,_,<~_~,_--,-o.,->_~_,__~_, ,-~ ~'I~""___"__"_ ,- "'1 , . , REAL EST AtE SALE No. 35' On September 17,2001, the sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, P A, known and numbered as 1036 Dogwood Lane, Eno1a, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. @ ~ r:::::::i ~ Giii) Date: September 17,2001 By: Q~ ~vvG1h Real Estate Deputy ".,-, , ,_ '. (' J,' "el,].o 'f' I' '..' 'r{\ \.,l, \ t, . , ,'"\ 'I' I"~ ._' f\ \\ \ ell \1 h), 10 '1\\1':':'" . t~\\\;l\~," ',d \\ cBS \~~\1j 3',);;\:\0 ~ W1Mli~~""","~"",""1'~N~$I!lJ!!C"~~JII!!!lIl:~_.~,_~'Ill~!"l>J'''!:'_;_',j'''''o"q_-F'F''''-,-w';'''''_'''_,,",,-,<,'' "-_";:;~~'i"""';'i"'~"i>1!<:''''{'li;"',1f(''P:;;i':Z'~''"!-';"",!'~'r";:'R1~m~~_,o _ ,_~"