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HomeMy WebLinkAbout01-1602 FX I ( , FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CHASE MORTGAGE COMPANY WEST, FIKlA MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS,OH 43219 Plaintiff TERM NO. 01-11.0).... d;~CT~ v. CUMBERLAND COUNTY LISA E. MILLER 517 SPRINGHOUSE COURT HARRISBURG, P A 17111 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT 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 LOl\n #: 5802091038 '''''.' ~~~<~ , <. '1 " 1. Plaintiff is CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS,OH 43219 2. The name(s) and last known addressees) of the Defendant(s) are: LISA E. MILLER 517 SPRINGHOUSE COURT HARRISBURG, PA 17111 who is/are the mortgagor(s) and real owner(s) ofthe property hereinafter described. 3. On 1/19/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1428, Page 424. 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 12/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." -"~"'--"!""!,, ," , 1'11' 6. The following amounts are due on the mortgage: Principal Balance Interest 11/1100 through 3/1/01 (Per Diem $15.91) Attorney's Fees Cumulative Late Charges 1/19/98 to 3/1/01 Cost of Suit and Title Search Subtotal $81,482.69 1,925.11 4,000.00 84.90 550.00 $88,042.70 Escrow Credit Deficit Subtotal 342.05 0.00 ($ 342.05) TOTAL $87,700.65 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. ~1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. This action does not come under Act 91 of 1983 because the mortgaged premises is not the principal residence of the defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $87,700.65, together with interest from 3/1/01 at the rate of$15.91 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 -;\~.- _~"__llJ_". "C~ I-f - ,~~~ 1~ 1/,2/& fI- C,.. )1\ RECORD AND RETURN TO: ~LLO"J MORTGAGE COMPANY !". O. BOX 4883 HOUSTON, TEXAS 7721Q .'. ~ ~ r\ i ~. :: t [' C; 1.:' :.: '();'Di";.' Ot: fiELDS !.~:;: f(!.:dJO COUNi~'-r':, '98 JAI. 2ti PPl 3 32 /;-'cJ(:X;(O q /0:3;2' !Space Above Thill Line For Recording Datal MORTGAGE 698707 THIS MORTGAGE {"Security Instrument") is given on LISA E. MILLER JANUARY 19 , 1998 . The mortgagor is ("Borrower"), This Security Instrument is given to MELtON MORTGAGE COMPANY r A COLORADO CORPORATION which is organized and existing under the laws of THE STATE OF COLORADO ,and whose address is 1775 SHE~ STREET, SUITE 2300, DENVER, COLORADO 80203 ("Lender"). Borrower owes Lender the principal sum of EIGHTY FOUR THOUSAND AND 00/100-------------------------------------------------------- Donars (U.S. $ 84, oao . 00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on FEBRUARY 01, 2028. This Se<:urity Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instroment; and (c) the perfonnance of Borrower's COVenants and agreements under this Security Instrument and the Note. For this purpose, BOTTower does hereby m()rtgage, grant and convey to Lender the following described property l<:teated in CUMBERLAND County, Pennsylvania: SEE LEGAL DESCRIPTION ATTACHED HERE TO AND MADE A PART HERE OF which has the address of 310 CHARLES ROAD MECHANICSBURG [CIty] , Pennsylvania [$Irool) 17055 [ZIpCade] ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property, All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property," BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and darnands, subject to any encumbrances of record. OOOK1428PAGE A24 y"':- PENNSYLVANIA. Singlll Family. Fannie Mae/Freddie Mac UNIFORM INSTRUMENT PA10-j)5!91 Page) 016 Form 3039 9/90 ~^;)'~" . ~"''-:I . THIS"SECURITY INSTRUMENT combines uniform C()Ve~ants for' national use and non-uniform covenants with limited 'liniations by jurisdiction to constitute a uniform security instrument covering real property, UNIFORM COVENANTS. Borrower and Lender covenant and agree as fonows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay' when due the prindpal of and interest on the debt evidenlled by the Note and any prepayment and Jate charges due under the Note, 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note i13 paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or properly insurance premiums; (d) yearly flood insunmce premiums, if any; (e) yearly mortgage insurance premiums, if any; and (1) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums, These items are called "Escrow Items," Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for BOITQwer's escrow account under the federal Real Estate Settlement Procedures Act of1974 8S amended from time to time, 12 V.S.C. ~ 2601 eJ seq. ("RESPA"), unless another law thatappli.98 to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount, Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law, The Funds shall be held in an institution whose d~posits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in 8ny Federal Horne Loan Bank, Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays BOlTOwer interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower nnd Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to BOlTOwer, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds Was made, The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower f01' the excess Funds in accordance with the requirements ofapplicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notity Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency, Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion, Upon payment in full of all sums secured by thia Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shan acquire or sell the Property, Lender, prior to the acquisition or sale oftha Properly, shan apply nny Funds held by Lender at the time of acquisition 01' sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unlesa applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last., to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, jf any, Borrower shaH pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time dlrectly to the person owed payment, Borrower shall promptly furnish to Lender an notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments, Borrower shall promptly discharge any lien which has priority over this Security Instrument unless BOlTower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender detennines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien, Borrower shan satisfY the lien or take one or more of the a.ctions set forth above within 10 daysofths giving ofnot1ce, 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the tenn "extended coverage" and any other hazards, including floods or flooding. for which Lender require~ insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires, The insurance camel' providing the insurance shall he chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain covel'age to protect Lender's rights in the Property in accordance with paragraph 7, 600K1428 PAGE .425 FF12.0S/91 PogeZof6 --""""'"", ~. , ^ 1 I ^ , ~" .-<, ;,::--- . All insurance policies and renewals shall be acceptable to Lender and shan include a standard mortgage clause. Lender shall l'cave the right to hold the policies and renewals. If Lender requires, BOn'Qwer shall promptly give to Lender aU receipts of paid premiums and renewal notices. In the event of loss, Borrower shan give prompt notice to the insurance c:arrier and Lender. Lender may make proof oftoss ifnot made promptly by Borrower. Unless Lender and &n'ower otherwise agree jn writing, insurance proceeds shan ba applied to restoration or repair of the Property damaged, if the rastoration or repair is economic:ally feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insuranC(! proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may conect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30.day period win begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, BOlTOwer's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shan pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection ot the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shalT not destroy, damage or impair the Property, aIlow the Property to deteriorate, or commit waste on the Property. Borrower shan be in default if any forfeiture a.ction or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a dafault and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith detarmination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also he in default if Borrower, during the loan application process, gave materially false or inaccurate informatinn or statements to Lender (or failed to provide Lender with any material informatinn) in connection with the Inan evidenced by the Note, including, but not limited to, representations cone:erning Borrowers oecupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall oomply with an the provisions <JftheleaBe. If Dorrower acquires fee title to the Property, the leasehold and the fee title shan not merge unless Lender agrees to the merger in writing. 7. Protection olLender's Rights in the Property. If Borrower fails to perform the covenants and agreements: contained in this Security Instl'ument, nr there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forl'eiture or to enforce laws or regulations), then Lender may do nnd pay fnr whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actinns may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to dn so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless BOlTower and Lender agree to other tenns of payment, these amounts shan bear interest from the date of disbursement at the Note rate and shan be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Inl!l'urance. If Lender required mortgage insurance as a condition of making the loan secured by thi8 Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to he in effect. Lender will accept, use and retain these payments as a Joss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and'for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender I'll' its agent may make reasonable entries ,upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. F'F'?1-tl.'il91 Bood.428 PAGE .426 Page.'JoflJ. 71--- """'OWITl _ ~, I " 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Properly, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Properly in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the talcing, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Properly. immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether OT not the sums are then due. If the Property is abandoned by B01TOwer, or if, after notice by Lender to Borrower that the condemnOT offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proooeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shan not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Releasedi Forbearance By Lender Not a Waiver. Extension of tne time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the eKerc1se of any right or remedy. 12. Successors and Assigns Bound; Joint and SevElral LiabilitYi Co-signers. The c()venants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any BolTOwer who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to moJtgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is nnt personally obligated to pay the sums secured by thi$ Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify. forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limite, then: (a) any such loBO charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits win be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. Ifa refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shan be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class. mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shan be deemed to have been given to Bon-ower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall he governed by federal law and, the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such cont1ict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transferofthe Propertyora Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transfelTed and Bon-ower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full ofal! sums secured by this Security Instrument. However, this option shan not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. ' l oood42B rAGE ,427 ~.. FF74.0!l191 Page 4 ofB 'Y"'~"m. '1 ~-,.' " ,. .' ".- -" If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less tharl 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earHer of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this SeclJ.rity Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as ifno acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the Hen of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective 8S if no acceleration had occulTt!d. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Notej ChangeofLoanServicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The noticl;! win also contain any othE!r information required by applicable law. ~. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the preSEllnee, use, or storage on the Property of sman quantities of Hazardolls Substances that aTe generally recognized to be appropriate to normal residential use!; and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any govlJrnmentaJ or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly tak~ all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fonnaldehyde, and radioactive materials. AB used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breech of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 ..nless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the defaultj (b) the action required to cure the defaultj (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-ex:istence of a default or any other def~nse of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option ma;y require immediate payment in full of all sums secured by this Security Instrum~nt without further demand and may foreclose this Security Instrument by judicial proceeding. I~ender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. Bood428rAGE. .428 x FF39.05/9J PIlgeliof6 --c""',, 22. Release. Upon payment of all sums secured by this SecuritY Instrument, this Security Instrument and the estate (.~nveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfY this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent pennitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any ofthe debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shan be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Secmity Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)l [l Adjustable Rate Rider LJ Graduated Payment Rider D Balloon Rider tJ athens) [specify] I~J D D Condominium Rider Planned Unit Development Rider Rate Improvement Rider o u [] 1-4 Family Rider Biweekly Payment Rider Second Home Rider BY SIGNING BELOW, Borrower accepts and agrees to the tenns and covenants contained in this Security Instrument and in any ridens) executed by Borrower and recorded with it. Witnesses: Ii j' 'i(r!i/I;(I(;I ,ftl/UI X!~/\.J '-/. ,<'-y11~./?7 ^f;.:t-,-~~ c> /' /' <: C(~ LISA E. MILLER (Seal) -Borrower (Seal) -Borrower (Sean -Borrower STATE OF PENNSYLVANIA On this, the 19TH day of appeared LISA E. MILLER (Space Below Thill Line Fol' Acknowledgment) CUMBERLAND JANUARY 1998 County 88: , before me, the undersigned officer"P!~!1?RJ"!.~~~Y''f . ~, ;.:. ; !' ':.' ~J",.. ..i ~~~~~~;'t6'~'~", -:'~-\'~'_ satisfactorily proven) to be the person whose name IS subscribed to the within instrument an,r ~~~h~W1e,~~~d ,~~..~..,~..;. ~;~ I SHE executed the same for the purposes herein contained. , .' . . IN WITNESS WHEREOF, I hereunto set my hand and official se".. I II 'il. , I 'Iii'll (( 'j ~ /1 (I f/ ) 1/ 'I' ((' My commission expires: 1 ? () (:.'1 r (\ /. ) '(' . /. .' I ' ~/ .' \ Uc(llil'IIILi(~ Title of Officer d .'_,-'.-:' ". "..::;.~..". ';II':c.:.~ Certificate of Residence of Mortgagee MELLON MORTGAGE COMPANY ,Mortgagee within named, hereby certifies that its principal place of business is at 1775 SHERMAN STREET, SUITE 2300, DENVER, COLORADO 80203 , i j) i f Nolr"",ISe,1 /(1: I H'If t nil.) ,~w II/{'("! n ))'J.o t"i ) V3\;~f1f, S. Si:-1r:knick. Notary Pu he' ,,:.~~~,t~~';',~,~\7~;'.ri~f~(F:-:~;;~;~~~;;,~~.r~~;~~\y, If? ( ( . 7l.. L '.II :<1. t (l (Ill /;1 7 ( (' /( 1X :'-:I,~,.--0:!lI);-:::,i.::.;i-~:;r~ori~~ PRe"" fl orfi PA7\ or,IQl ~ .....n .~~ !-,-;:~. ~ , . ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described in accordance with a ~urvey and plan thereof, dated June 26, 1968, prepared by Roy M. H. Benjamin, Professional Engineer, as follows: BEGINNING at a point in the northwestern line of Charles Road, said point being three hundred seventy-five (375) feet in a northerly direction from the northwestern corner of the intersection of Charles Road and Del-Brook Road, said point being also on the dividing line between Lots Nos. 9 and 8, Block nAil on the hereinafter mentioned plan of Lots; thence along said dividing line North fifty-six (56) degrees thirty-two (32) minutes West one hundred ninety-eight and fifteen hundredths (198.15) feet to a point; thence North eight-five (85) degrees twenty-eight (28) minutes East ninety-eight and fifty-one hundredths (98.51) feet to a point on the dividing line between Lots No. 8 a,ud 7, Block II A" i thence South thirty-eight (38) degrees forty-four (44) minutes East one hundred forty and forty-four hundredths (140.44) feet to a point on the western line of Charles Road; thence along the western line of Charles Road, South fifty-one (51) degrees sixteen (16) minutes West thirty-six and fifty-nine hundredths (36.59) feet to a point; thence by a curve to the left having a radius of one hundred thirty-five (135) feet. the arc distance of eighteen and forty-one hundredths (18.41) feet to a point, the place of BEGINNING. BEING Lot No.8, Block A. plan No.1 of Del-Brook Manor, recorded in plan Book 6, Page 42, Cumberland County Records. HAVING thereon erected a one and one-half story frame and brick dwelling known and numbered as 310 Charles Road. BEING ~HE SAME PREMISES which Dennis E. Zaak and Bette J. Zook, his wife, by their deed dated April 10, 1987 and recorded April 1~, 1987 in the office of the Recorder of Deeds for Cumberland County In Deed Book P, Volume 32, Page 56 granted and conveyed ta Gerald A. Miller and Lisa E. Miller, his wife. And being the same premises which Gerald A. Mille: an~ L~sa E. Mi~ler, his wife, by deed dated January 19th, 1998 and wh~ch lS ln~ended ,to/. be recorded herewith in the Cumberland County Offlce of the _Recorder of Deeds, granted and conveyed unto Lisa E. Miller, Mortgagor perein. -~'~-fill"~"1J'J' ~ ,-- --, ,- ~,~_'M Loan #5802091038 LISA E MILLER 310 CHARLES lID MECHANICSBUR,G.PA 17055-0000 February 5, 2001 Certified Mail Return Receipt Requested RE: Loan #~802091038 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 ASSIST!lNCEPROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must ME~T. WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF 'UlIS 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 ",;~m~lll1!i'- " . . , .,. . " ~ ,- , Loan #5802091038 LISA E MILLER 517 SPRINGHOl)SE HARRISBURG,PA February 5, 2001 Certified Mail Return Receipt Requested COURT 17111-5658 RE: Loan If58Q.20?1038 ACT 91 NOTICE TAKE,ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice th~t 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 ASSIS~ANCE 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 """A.Ili!l~~",,~ ~", " ~'I _~ " ~ , LISA E MILLER February S. 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 NOTIFICACIONOBTENGA 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) : LISA E MILLER PROPERTY ADDRESS: 310 CHARLES RD. MECHANICSBURG PA 17055-0000 LOAN NUMBER: 5802091038 Current Lender/Service: Chase Manhattan Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT';). YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS. AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act. you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 30 DAYS, IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. EXHIBIT A ""I_~\'1~".... , "'~-~1 ~ , I~ ~ -I -,f ,--' -"""" Certified Mail LISA E MILLER February 5. 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 ~gainst you for thirty (30) days after the date of this meeting. The names. aadresses and telenhone numbers of designated consumer credit counseling ag~ncies for the countv in which the nronertv is located are set forth at the end of this Notice. It is only necessary to schedule one face- to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth laterii('this Notice (see following pages for specific information about the\\nat~re of your default). If you have tried and are unable to resolve this{pr,Rblem 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 APPLICATION1PROMP..TLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT ~ -"<R/-'''<''''' '''-' FOU.OW THE OTHER TIME PERIODS~,SE:rFORTH IN THIS LETTER, FORECLOSURE MAY PROCEED ; ~,x ~ AGAINST YOUR HOME IMMEDIATELY,,;ANn YOUR APPLICATION FOR MORTGAGE ASSISTANCE wru. <h 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'''ybur application. During that time, no foreclosure proceedings will be pursued ~gainst you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its aecision 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 ATI'EMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) EXHIBIT A _t"~""" ",.~ LISA E MILLER February 5, 2001 Page 4 HOW TO CURE YOUR MORTGAGE DEFAULT CBrinl!. it UD to date) NA.TURE OF THE DEFAULT property located at: - The MORTGAGE debt held by the above lender on your 310 CHARLES RD, MECHANICSBURG PA 17055-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following'amounts are now past due: Starting December '2000 through February 2001 at $694.87 per month. Total Monthly Payments Past Due Late Charges Other Fees $2,084.61 $56.60 $.00 TOTAL AMOUNT DUE TO CURE DEFAULT: $2.141. 21 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 $2.141.21, PLUS ANYMb~TGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYiJ>ERIOD. Payments must be made either bv cash. Cashier's check. certified ch~ck or monev order made Davable and sent to Chase Manhattan Mortgal!.e CorDoratio1l;;' IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) DAYS of the date of this Nodce. the lender intends to exercise its rights to accelerate the mortl!.al!.e debt. This meim~ that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthlyiIlstallments. 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 UDon your mortl!.al!.ed DroDerty. EXHIBIT A -".ru,~~ ~ " ~ =" ,. '" ("- Certified Mail LISA E MILLER February 5. 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. hUt you cure the delinquency before the lender begins legal proceedings against you. you will still be required to pay the reasonable attorney's ~ees 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 otherreaso~~9le costs. If vou cure the default within the THIRTY (30) DAY Deriod. you wiB:'''not be reauired to Dav attornev's fees. OTHER LENDER REMEDIES -';['he lender may also sue you personally for the unpaid principal balance and ali'other sums due under the mortgage. RIGlIT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY"'(30) DAY period and foreclosure proceedings have begun. vou still have the right to cure the default and orevent the sale at anv time uo to one hour before the Sheriff's Sale. You mav do so bv oaving the total amount then Dast due. olus anv late or other charges then due. reasonable attornev's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as soecified in writing bv the lender and bv oerformin~ any other requ1;~fuents under the mortgage. Curing your default in the manner set for@illL':i:K"~his Notice will restore your mortgage to the same position as if you ha4never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale oft:he:,B9rtgaged property could be held would be approximately six (6) months ffom"'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 wai t. You may find out at any time exa.'ctlywhat 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 ""'Wf<-",!~ i ,~ ., - ,." LISA E MILLER February 5. 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 any time. ASSUMPTION OF. MORTGAGE - You might be eligible to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments. charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. To determine eligibility you must contact our office to verify the assumability of your property. YOU MAY ALSO HAVE THE RIGIIT: . 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 n~F~ULT. (HOWEVER. YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE1WiN 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 HOME LOAN MORTGAGE CORPORATION by ~~ Scott Casteel Loan Counselor Chase Manhattan Mortgage Corporation Enclosure C-173/2091038B.205/Y2MCD/BREACH EXHIBIT A '~,~~-" ~, r . , ~~~ Consumer Credit Counseling Agency Notification To: Date: Name of Mortgagee: Address: In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistan~e Program (Act 91 of 1983). we have been approached for mortgage counseling assistance by: Name of Applicant Address Telephone Number Mortgage Loan Number Address of property on which mortgage is in default. if different from above. The counseling agency met with the above named applicant on Date who have indicated that they are more than sixty (60) days delinquent on their mortgage payments and have received notification of intention to foreclosure from Name and Address of Mortgagee In accordance with the Homeowner's Emergency Mortgage Assistance Program. this is to inform you that: 1. If the delinquency cannot be resolved within the 30-day forbearance period as provided by law. the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's Emergency Mortgage Assistance. 2. By a copy of this Notice. we are notifying all other mortgagees, if any. which the applicant has indicated as also having a mortgage on the property identified above. 3. It is our understanding that the 3D-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 -"7"'''''''~'''''''''''''''''" -1-1- ,~ ,,"",~,.~~ t 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 Williamsport, P A 17703 (570) 326-0587 FAX (570) 322-2197 CCCS of Northeastern PA 201 Basin Street Williarnsport, P A 17703 (570) 323-6627 FAX (570) 323-6626 COLUMBIA COUNTY 31 W. Market Street POB 1127 Wilkes-Barre. P A 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes-Barre. PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829.1665-(Call Before Faxing) (570) 455-4994 HllZl:ltown FAX (570) 455-5631-(Call Before Faxing) (570)836-4090 Tunkhannock CRAWFORD COUNTY Booker T. Washington Center 1720 Holland Center Erie, PA 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 eees of West em Pennsylvania. Inc. 2000 Linglestown Road Harrisbiltg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N.6tb.Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Camm of the Capital Region 1514 DelT)'Street Harrisburg, PA 17104 (717)232.9757 FAX(717)234.2227 PENNSYL Y ANIA BULLETIN, VOL. 29, NO. 23. JUNE 5. 1999 -:li ,_. ~ " -,' _ ~. I, ~ '" CCCSofNortheasu.n PA 1631 South Atherton St.. Suite 100 Slate College, P A 1680 I (814) 238-3668 FAX (814) 238.3669 . J 400 Abington Executive Park Suite 1 - . Clarks Summit. P A 18411 (570) 587.9163 or (800) 922-9537 FA..X (570) 587-9134.9135 Greater Erie Community Action Committee 18 West 9th Street Erie. PA 16501 (814) 459-4581 FAX (814) 456-0161 Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (412) 981-5310 Financial Counseling Services of Franklin 31 West 3td Street Waynesboro, PA 17268 (717)762-3285 YWCA of Carlisle 301 "G" Street Carlisle, PA 17013 . (717) 243.3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Cartisle St. Gettysburg, P A 17325 (717) 334-1518 FAX 334-8326 EXHIBIT A d> ~ . ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof, dated June 26, 1968, prepared by Roy M. H. Benjamin, Professional Engineer, as follows: BEGINNING at a point in the northwestern line of Charles Road, said point being three hundred seventy-five (375) feet in a northerly direction from the northwestern corner of the intersection of Charles Road and Del-Brook Road, said point being also on the dividing line between Lots Nos. 9 and 8, Block "A" on the hereinafter mentioned Plan of Lots; thence along said dividing line North fifty-six (56) degrees thirty-two (32) minutes West one hundred ninety-eight and fifteen hundredths (198.15) feet to a point; thence North eight-five (85) degrees twenty-eight (28) minutes East ninety-eight and fifty-one hundredths (98.51) feet to a point on the dividing line between Lots No.8 and 7, Block "A"; thence South thirty-eight (38) degrees forty-four (44) minutes East one hundred forty and forty-four hundredths (140.44) feet to a point on the western line of Charles Road; thence along the western line of Charles Road, South fifty-one (51) degrees sixteen (16) minutes West thirty-six and fifty-nine hundredths (36.59) feet to a point; thence by a curve to the left having a radius of one hundred thirty-five (135) feet, the arc distance of eighteen and forty-one hundredths (18.41) feet to a point, the Place of BEGINNING. BEING Lot No.8, Block A, Plan NO.1 of Del-Brook Manor, recorded in Plan Eook 6, Page 42, Cumberland County Records. HAVING thereon erected a one and one-half story frame and brick dwelling known and numbered as 310 Charles Road. BEING THE SAME PREMISES which Dennis E. Zook and Bette J. Zook, his wife, by their deed dated April 10, 1987 and recorded April 10, 1987 in the office of the Recorder of Deeds for Cumberland County in Deed Book p, Volume 32, Page 56 granted and conveyed to Gerald A. Miller and Lisa E. Miller, his wife. And being the same premises which Gerald A. Miller and Lisa E. Miller, his wife, by deed dated January 19th, 1998 and which is intended to. be recorded herewith in the Cumberland County Office of the Recorder of Deeds, granted and conveyed unto Lisa E. Miller, Mortgagor herein. -"'"~. r .- ~ I"" ~'- ,,- ~. -, . . VERIFICATION RYAN L. REITMAJER, SR. hereby states that he is ASSISTANT SECRETARY of CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: ?)lJiljDr ~"'- f 0-0J--~ RYAN L Rl!1T1IA.IE1I,M. mamMf SEmTAI\' 'n" ,":. -f~' ~'.I'_ " . ~ ~fj - .~ I ~,. , ~- ~,. - .~" '- -,,''',;''''-n - '_,-",~'~-~A' ,~..~~~'= ~T1 J 'li1iii1ii1"j"U'I1"U&!ffn , . ft s ~ .co G ~ ~ ~ () .::::::'l 0 C ""n (j . 0 ~.. '- ....... a >:] r'b .:~--'" -..+ -n ~ ~ 0 fTlp'- ::0 f'; l ;~'" Z~TJ 1',,) ';~9 "''''"'OO' 0 VJ I 1:"1....-- C:) ~ -, Q ..0 t r:~ -- 2: -. ~8 ~~:~ ~~ ,__I Z, ,:- ~ :< <::> "< , MIlII~~ - "l\i"II!IIl_J "~4'!i'tvei1'i'\i!;n,'(<~'ni,y","ro;""cFJ;!\,,,,,"i'!Hfi!!l1'If<B\I.f'!\'lWill~~1ff,,,"~ilj.,,;(#'ill_H.~~iWI;~Jl'i'm-'ffi'V~<:~," .~~~ ,1""_'1~ SHERIFF'S RETURN - NOT FOUND . ,f CASE NO: 2001-01602 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY WEST VS MILLER LISA E R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT MILLER LISA E but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , MILLER LISA E DEFT. NO LONGER RESIDES AT ADDRESS STATED, AS PER ATTORNEY, SERVE AT, 517 SPRINGHOUSE CT, HBG, ABOV~_PROPERTY IS EMPTY. Sheriff's Costs: Docketing Service' Not Found Return Surcharge 18.00 6.82 5.00 10.00 .00 39.82 :~~ Sheriff of Cumberland County FEDERMAN & PHELAN 03/26/2001 Sworn and subscribed to before me this .L 8 /141 day of y"-/ ,2.H)/ A.D. ~u.- Q ~J~ Pr t onotary ~/:t0 '"'-"ff\f ' ~~ -,. 1. ,,~ - ',{,- -~" , 'I' " ~ " SHERIFF'S RETURN - OUT OF COUNTY . ", CASE NO: 2001-01602 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY WEST VS MILLER LISA E R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MILLER LISA E but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On April 18th , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing .00 Out of County 9.00 Surcharge .00 Dep. Dauphin Co 40.25 .00 49.25 04/18/2001 FEDERMAN & PHELAN So ~- -;::::"-'" R. Tomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ,{ SA-<( day of ft..1 ;l0t'!/ A.D. 0'1(( o ~'PJ:u /lj;;7i' Prothonot'a ; t;_;fil!~T _ .. 1--.- " , r' ,.. @ffite of tlt~ ~4~riff William T. Tully Solicitor 1. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 171 0 I ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania CHASE MORTGAGE CO WEST vs County of Dauphin MILLER LISA E Sheriff's Return No. 0824-T - -2001 OTHER COUNTY NO. 01-1602 AND NOW: April 11, 2001 at 1:13PM served the within NOTICE & COMPLAINT IN MORT FORECLOSURE upon MILLER LISA E by personally handing to HER 1 true attested copy (ies) of the original NOTICE & COMPLAINT IN MORT FORECLOSURE and making known to him/her the contents thereof at 517 SPRINGHOUSE COURT HBG, PA 17111-0000 PROTHONOTARY So Answers, Jf~ Sher~~~~;;r~ty, BY~ Pa. Sworn and subscribed to ,~~_:,,?;r::',,!:',~",~~.~~,,~~t.P,..,1.~;l f\P.RIL, 2001" ~ C!-. (f}OAMuiJ f Deputy Sheriff's Costs: $40.25 PD 03/23/2001 RCPT NO 147859 MARTIN "', "'c '~-, "- 1-' ,.- ,- " ~~ " In Tbe Court of Common Pleas of Cumberland County, Pennsylvania 'Chase Mortgage Company Wes t, et. al. VS. Lisa E. Miller , No. 01-1602 Civil Now, 3/21/01 ,200 (J, I, SHERIFF OF CUMBERLAND COUl"fTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . . ~/~.~..t:~t Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to copy of the ori ginaI a and made k...J.own to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of . ')0 ,-- COSTS SERVICE 'MILEAGE A.FFIDA VIT $ $ ,.~'''"'''-"- '^.--- .-, ,--. _F. . ~ "~ ~ JlIIM!II ,..., ",,-., ~,,,,,~,~<~Jilf!'Whr== . . .,. I'.... " .' '. ......^~.~., N.... ......Clllfr.1D iJl. 11 [j]!Trirrl"~'lhr tr' a3l\!::1~3~ 21 :6 IiV ;:;;:; tJVH 10 IO!Lt ';(:! u(jn~~;i~a'1'H 1SflOH1HflOJ .J.lNflOJ NIHd(JVC} 3::l1.:l:l0 S.:l:llil3HS .l.lNflO::l NIHdfl V 0 1;"""'_"!'l~;>Rl1-~'Wm~~~mR'"''1M,,'j;<E''i''''rF'''''-''''>-'-'~''-'_'''''i;.,--- -, "'=-W"""ill1\'"''''-''F:W'f"i\''fCf!,,,n''~'''-'-',,''''I-I'='-i'''~''"',-<;O!>l""!r~l!~~~F~ ';::?.t~!*:r$f ~ , FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 A HORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CHASE MORTGAGE COMPANY WEST, F/KlA MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS,OH 43219 Plaintiff TERM NO. 01 - I,"o;l.. God '-r~ v. CUMBERLAND COUNTY LISA E. MILLER 517 SPRINGHOUSE COURT HARRISBURG,PA 17111 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE *'THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORIVIATION OBTAINED WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTV. *. You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. We hereby certify the within to be a true and correct copy of the original filed of record I=EDERMAN AND PHELAN CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 5802091038 TRUE COpy FROM .RECORD iI' ) ,W'.;li<TOO'llywhereof. IlIereuntGat m~' hand ,~ !ill srtIiIl otsald Court at Carlisle, Pi, '- T~~a~~~e- ;M'l'-fl'~~ "If. ..., ~~';~M',,'t1}A,,-- .. I. Plaintiff is CHASE MORTGAGE COMPANY WEST, F/K1A MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS,OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: LISA E. MILLER 517 SPRlNGHOUSE COURT HARRISBURG, PA 17111 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 1119/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1428, Page 424. 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 1211/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." ~->i'~ -1'';-' - . 6. The following amounts are due on the mortgage: Principal Balance Interest 11/1/00 through 3/1/01 (Per Diem $15.91) Attorney's Fees Cumulative Late Charges 1/19/98 to 3/1/01 Cost of Suit and Title Search Subtotal $81,482.69 1,925.11 4,000.00 84.90 550.00 $88,042.70 Escrow Credit Deficit Subtotal TOTAL 342.05 0.00 ($ 342.05) $87,700.65 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. Ifthe Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. S 1680A03c on the date(s) set forth in the true and correct copy of such notice( s) attached hereto as Exhibit "A." 10. This action does not come under Act 91 of 1983 because the mortgaged premises is not the principal residence of the defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $87,700.65, together with interest from 3/1/01 at the rate of $15.91 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ''''~!''-~ 1'-1 , I ~// y- C. (~'\.I f.t..' yl\ RECORD AND RETURN TO: l>f:LLOl\ MORTGAGE COMPANY !'. Q. BOX 4883 HOUSTON, TEXAS 77210 :, .' ;- ~ ;. ~ r "'!I;;'- . : l' '"; I :"~: . .. ~, . " ']i- i.'f: i liS '.~; :i!",:jUCCL~~i:-:',., '98 Jp,J. 20 Pf'J 3 32 r-;<(.[l;{D q / (', :3'2' [Space Ahove Thill Line For Recording nata] MORTGAGE 698707 THIS MORTGAGE ("Security Instrument") is given on LISA E. MILLER JANUARY 19 , 1998 . The mortgagor is ("Borrower"). This Security Instrument is given to MELLON MORTGAGE COMPANY, A COLORADO CORPORATION which is orgfmized and existing under the laws of THE STATE OF COLORADO ,nnd whose address is 1775 SHERMAN STREET, SUITE 2300, DENVER, COLORADO 80203 ("Lender"), Borrower owes Lender the principal sum of EIGHTY FOUR THOUSAND AND OO/lOO------------------------------------~------------------- Dollars (U,S, $ 84,000.00). This debt is evidenced by Borrower's note dated the same date as this Security Instrument CNote"), which provides for monthly payments, with the fun debt, if not paid earlier, due and payable on FEBRUARY 01, 2028, This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest. advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of BOTTowers covenants and agreemimts under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND County, Penmlylvania: SEE LEGAL DESCRIPTION ATTACHED HERE TO AND MADE A PART HERE OF which has tht> flddress of 310 CHARLES ROAD MECHANIC,sBURG [C.tvl , Pennsylvania )3::""1) 17055 [ZipCOOa) ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property:' BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant nnd CCmvey the Property and that the Property is unencumbered, except for encumbrances of record, Borrower warrants and will de-fend gt>npral1y the title to the Property against all claims and demandR, subject to any encumhrancE's of record. Du,jd428 PAG, .424 :r-< :-. PENNSYLV ANIA - S,ngla Family. FannIe Mae/Freddie Mac UNIFORM INSTRUMENT !'.~7U lI!;i'!l Page lor6 Form 3039 9/90 '-7CCr.'''-w<~J!R',l\' ~ ~~, ~=1 ",- "~~ . THIS"SECURITY INSTRUMENT combines uniform eove~ants for' national use and non-uniform covenants with limited ",111ntions hy jurisdiction In constitute a unifonn security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment ofPrineipal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note~ 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes nnd assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rentR on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (l;!) yearly mortgage insurance premiums, if any; and (0 any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amollnt not taexceed the maximum amount 8 lender far a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U$.C. 92601 et sP.q. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or othel"Wise in aceordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. under shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law pennits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower nnd Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the Bmount of the Funds held by Lender at any time is not sufficient to pny the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. BorrOWer shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lemler at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under parab'l'aph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to he paid under this paragraph. If Borrower makes these pllyments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. B(Jrrower shall promptly discharge any lien which has priority over this Security Instrumpnt unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the Jien to this Security Instrument. If Lender detennines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower B notice identifying the lien. BorrOWer shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving ofnotice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender r('quires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, oht.-'lin C'overagf' to protect Lender's rights in the Property in accordance with paragraph 7. DDuk1428 PAGE .425 - ,~ ~.-- H'72.05191 Page2of6 ,-",.;-".~~ ,....""':"'.,~. l' . , A1l1n~urance ptllicies and renewals shan be acceptable to L~nder and shan include a standard mortgage clause. Lender shall Illive the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carner and Lender. Lender may make proof ofloss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Ulnder's security is not lessened. [fthe restoration' or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that. the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to PAY sums secured by this Security Instrument, whether or not then dUe. The 30.day period win begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone thf' due date- of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under pnragrnph 21 thp. Property ifl Ilcqllirerl hy L(!nder, Borrowerll right to any insurancf' policies; and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this SeclJrity Instrument immediately prior to the acquisition. 6. Occupancy, Preservation. Maintenance and Protection of the Property; Borrower's Loan Application; Leasehold!;!, Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise Agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, i8 begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also he in default if Bon.ower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations ~onceming Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower Rcquires fee title to the Property, the leaS(!hold and the fee title shall not merge unless Lender agrees to the merger in writing. 7, Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may dO,and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions 'may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fef's and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any nmounts dishursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance, If Lender required mortgage insurance ns a condition of making the loan secllred by this Security Instrument, Borrower shall pay the premiums required Ul maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelflh of the yearly mortgage insurance premium being paid by Borrnwer when the insurance coverage lapsed or ceased to he in efTec:t. L..nder will accept, use and retain these pllyments as a loss reserve in lieu of mortgage insurance. Loss reseTVe payments may no longer he required, at the option of Lender, if mortgage insuT1lnce coverIlge (in the amount und for the period thnt Lender requires) provided by an insurer npproved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a Joss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or i~ agent may make reasonable entries ,UPflll and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the im.peetion. F,'7:1. lI~i91 aood428rAGE .426 PaR":! orB ?C./ /' '-;t""""'l""*~t;~ " 10. Ctmdemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security InstrtJment, whether or not then due, with any excess paid to Borrower. In the event -of a partial taking of the Property in which the fair market value of the Property immediaU!ly before the taking is equal to or greaU!r than the amount of the sums secured by this Security Instrument immediaU!ly before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount nf the proceeds multiplied by the fol1nwing fraction: (a) the total amount of the sums secured immediately befnre the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to BnJTower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the daU! the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender nnel Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Bf)rrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest nr refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns nf Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (n) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, mCldify, forbear or make any accommodations with regard to the tenns of this Security Instrument or the NoU! without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to 8 law which sets maximum loan charges, nnd that law is finally interpreted so that th$ interest or other loan charges collected or to be cClllected in connection with the loan exceed the permitted limits, then: (a) any such lnnn charge shall be reduced by the amount necessary to reduce the charge to the p~nnitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 1-1. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address BotTOwer designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law nnd the law of the jurisdiction in which the Property is located. In the event that any provision or dause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this SecUlity Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one confonned copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it IS sold or transfen-ed (I1r if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its C1ptinn, require immediate payment in full of all SUms secured by this Spcmity Instrument. However, this option shnll not be exercised by Lender if exercise is prohibited hy federallaw as of the date of chIS Serurity lnstruml'nt. ' l BDd 428 PAGt .427 -/ /-- n'H Ilfi191 Page40fG ';'IT'~_W'''"'A"'1l''< " ~ """, , ~ [ ~ _0 "' TfL@rfde-rexercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less fhan 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have @nforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period AS applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, hut not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by thili Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Infltnlment and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, lhis right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may reeultin a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. [fthere is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardou8 Substances. Borrower shall not cause or permit the presence, Use, disposal, storage, or release of any HaZflrdous Subst."lnces on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action hy any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly t.'lke all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petToleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. AI; used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. BOlTOwer and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law-provides otherwise). Lender shall notify Borrower of. among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shan he entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21. including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted hy applicahle law. BOOk 1428 rAGE. .428 _/ /'~ n'19 {lfi191 pOll',,5orG ,~.=~ ~~ --,".. ~ , 22. Release. Upon payment of all sums secured by this SecuritY Instrument, this Security Instrument and the estate t.tmveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument wi thout charge to Borrower. Borrower shall pay any recordation costs. _ 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enf()rce this Security Instrument, and hereby waives the benefit <>f any present or future laws providing for stay of execution, extension of time, exemption fr()m attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower_to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shan be incorporated into and shan amend and supplement the covenants and agreements of this Security Instrument as if the ridens) were a part of this Security Instrument. [Check applicable box(es)] [] Adjustable Rate Rider LJ Graduated Payment Rider r.J Balloon Rider U Othens) [specify] o o o Condominium Rider Planned Unit Development Rider Rate Improvement Rider o o o 14 Family Rider Biweekly Payment Rider Second Home Rider BY SIGNING BELOW, Borrower accepts and agrees to the tenns and CClvenants contained in this Security Instrument and in any rider{s) executed by BOlT()wer and recorded with it. Witnesses: II d , ! 1(1 /!~ I! (A d ttl U I X u! 1\_. I ~ ,. "-' --;/',/ ('?/ ^L~_(~.//'''' c..:..~ LISA E. MILLER (Seal) .Borrower (Seal) .Borrower (Seal) -BmTower STATE OF PENNSYLVANIA On this. the 19TH day of appeared LISA E. MILLER [Space Below Thin Ulle For Acknowledgmentl CUMBERLAND JANUARY 1998 .'.'..".... '..- , , j :~?bWil.t6'~~~:i~,{~...-;-:~ satisfactorily proven) to be the person whose name. ~S subscribed to the within instrument and' ~:~i->?wle.~~~ ~r~ ~ ::' :.:. , SHE executed the same for the put'poses herem conttnned_ :.. .... . '."~: ' IN WITNESS ~EREO)F, I hereunto set my hand and offitt:;-.j'U I (I ,'J V (' Ii e II ) J ~ ~C ffi~~:~.'" '..:' ".';',:~~-2 My <omm;,,;on exp;,.." 1 (n ''I.. ( C \ / ' /' ( (,1 ' /. ) (' (" (! " .. . - .,., .... I l.....-._ 1(/' (t_l I '/"~ Title of Officer J County sm ,before me, the undersigned office.r~.p~~~n~!~r'r ...,",,/' :....."1".. Certificate of Residence of Mortgagee MELLON MORTGAGE COMPANY ,Mortgagee within named, hereby certifies that its principal place of business is at 1775 SHERMAN STREET, SUITE 2300" DENVER, COLORADO 80203 .' ., t. ll!. , J.) , J G. NOI"""'S,,' lD:' 11 ('Ii n).l.) ~w niX, ,,11 no "t'.i ' Va!r;nr: S. Sl:lGKI\,r,k. NolJry Pu lie" I ,"., . _ ~ll!"'m:;h:-:IOWII fYJw. Gumb€:rl;mn c;Olll1ty -::. _, " - _,,)/ ~'~'~:::~~"1I1i!~....I(\n F,~l;':~!' ~~:v. 3:..~n:;(J' f./(i i_ ( 7 (, l './1 .,1Q T (l V l}";' ( ( l. :,'.-!"I",' i>"Hn::!\':..I':" t..~,(lc<~,!('}I' 0, rl?:i>ill.o., ",,7'1.",';'-" P"""'f1,,'" . . .....r~ . ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof, dated .Tune 26, 1968, prepared by Roy M. H. Benjamin, Professional Engineer, as follows: BEGINNING at a point in the northwestern line of Charles Road, said point being three hundred seventy-five (375) feet in a northerly direction from the northwestern corner of the intersection of Charles Road and Del-Brook Road, said point being also on the dividing line between Lots Nos. 9 and 8, Block nAil on the hereinafter mentioned Plan of Lots; thence along said dividing line North fifty-six (56) degrees thirty-two (32) minutes West one hundred ninety-eight and fifteen hundredths (198.15) feet to a point; thence North eight-five (85) degrees twenty-eight (28) minutes East ninety-eight and fifty-one hundredths {98.51l feet to a point on the dividing line between Lots No. 8 and 7, Block 1!AU; thence South thirty-eight 08} degrees forty-four (44) minutes East one hundred forty and forty-four hundredths (140.44) feet to a point on the western line of Charles Road; thence along the western line of Charles Road, South fifty-one (51) degrees sixteen (16) minutes West thirty-six and fifty-nine hundredths (36.59) feet to a point; thence by a curve to the left having a radius of one hundred thirty-five (135) feet, the arc distance of eighteen and forty-one hundredths (18.41) feet to a point, the Place of BEGINNING. BEING Lot No.8, Block A, Plan No.1 of Del-Brook Manor, recorded in Plan Book 6, Page 42, Cumberland County Records. HAVING thereon erected a one and one-half story frame and brick dwelling known and numbered as 310 Charles Road. BEING THE SAME PREMISES which Dennis E. Zook and Bette J. Zook, his wife, by their deed dated April 10, 1987 and recorded April 10, 1987 in the office of the Recorder of Deeds for Cumberland County in Deed Book P, Volume 32, Page 56 granted and conveyed to Gerald A. Miller and Lisa E. Miller, his wife. And being the same premises which Gerald A. Miller and Lisa E. Miller, his wife, by deed dated January 19th, 1998 and which is intended to , be recorded herewith in the Cumberland County Office of the Recorder of Deeds, granted and conveyed unto Lisa E. Miller, Mortgagor herein. ~:H\'. 0\ I's~nsv\van\f, ,'. r'~ . , c. " 'v''! C\'inhHrlnrw . f n"",}" ,mdt<, v' ,. :,,' , ",p ri'I'or1~:lg0 I' .-,..' ,. "1'~' '. 'ILh,~.'."':'~";':",,;;+i-JiJ '." '."",,'.faf\'_';n\.,"_.~-l,'lnf~i ( ':. .', ~ '., "'3{tt' ,iI,l c"t;C"Dh (\ t l. "'''''},',' It\I;t\I"/o! . .l~_ ...:".'..,..~ . /'1-4. RB .0rder UDal! 4 28 PAG, .430 "''''"'''-' ~-"-~",,," '. . ,.--- Loan #S802091038 LISA E MILLER 310 CHARLES RD MECHANICSBURG PA 170SS-0000 February S. 2001 Certified Mail Return Receipt Requested RE: Loan #S802091038 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the enclosed pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to help save your home. This Notice explains how the program works. To see if REMAP 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 '.'i:~~).I_. ~_ ,,,"" . I,' Loan #5802091038 LISA E MILLER 517 SPRINGHOUSE COURT HARRISBURG, PA 17111-5658 February 5, 2001 Certified Mail Return Receipt Requested RE: Loan #5802091038 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the enclosed pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to help save your home. This Notice explains how the program works. To see if REMAP 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 ~",,"C"'''''~l~_ ~ l" ,_~ I' " - ;,' LISA E MILLER February 5. 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): LISA E MILLER PROPERTY ADDRESS: 310 CHARLES RD. MECHANICSBURG PA 17055-0000 LOAN NUMBER: 5802091038 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 "'e""-~!"l\l 1--' " Certified Mail LISA E MILLER February 5. 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 teleohone numbers of designated consumer credit counseling a~encies for the county in which the oropertv is located are set forth at the end of this Notice. It is only necessary to schedule one face- to-face meeting. Advise your lender immediately of your intentions, APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender. you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so. you must fill out. sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting, YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LE'ITER. 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 ATIEMPT TO COlLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) EXHIBIT A '~'<'-H~_ ,~"'" "" 'I"T' . LISA E MILLER February 5. 2001 Page 4 HOW TO CURE YOUR MORTGAGE DEFAULT (Brin\l. it uuto datel NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 310 CHARLES RD, MECHANICSBURG PA 17055-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Starting December 2000 through February 2001 at $694.87 per month. Total Monthly Payments Past Due Late Charges Other Fees $2.084.61 $56.60 $.00 TOTAL AMOUNT DUE TO CURE DEFAULT: $ 2 . 141. 21 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 $2,141. 21. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either bv cash. cashier's check. certified check or monev order made pavable 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 ri\l.hts to accelerate the mort~age 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 urooertv. EXHIBIT A '<'''''-!llW~ - """~~'-~ Certified Mail LI SA E MILLER February 5. 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 neriod. you will not be reauired to nay 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 haye the right to cure the default and Drevent the sale at any time UD to one hour before the Sheriff's Sale. You may do so by Daving the total amount then Dast due. D1us anv 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 sDecified in writin~ by the lender and by Derforming any other reauirements 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 neyer 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. OR 43219-6009 Phone Number: (800) 848-9380 Fax Number: ~614) 422-5381 Contact Person: Scott Casteel EXHIBIT A ''''i''''~r~. ~-~ -~_'I r LISA E MILLER February 5, 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 any time. ASSUMPTION OF MORTGAGE - You might be eligible to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. To determine eligibility you must contact our office to verify the assumability of your property. YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEH.."-LF. . 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 R~VE 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 HOME LOAN MORTGAGE CORPORATION by AJ- (AJizd Scott Casteel Loan Counselor Chase Manhattan Mortgage Corporation Enclosure C-173/2091038B.20S/Y2MCD/BREACH EXHIBIT A ',~~~- , . 17 ~,~ - . ~, ", Consumer Credit Counselin~ A~encv Notification To: Date: Name of Mortgagee: Address: In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983). we have been approached for mortgage counseling assistance by: Name of Applicant Address Telephone Number Mortgage Loan Number Address of property on which mortgage is in default. if different from above. The counseling agency met with the above named applicant on Date who have indicated that they are more than sixty (60) days delinquent on their mortgage payments and have received notification of intention to foreclosure from Name and Address of Mortgagee In accordance with the Homeowner's Emergency Mortgage Assistance Program. this is to inform you that: 1. If the delinquency cannot be resolved within the 30-day forbearance period as provided by law. the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's Emergency Mortgage Assistance. 2. By a copy of this Notice. we are notifying all other mortgagees. if any. which the applicant has indicated as also having a mortgage on the property identified above. 3. It is our understanding that the 30-day forbearance period in which we are now in ends on 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 -fr'R'!!I!I' ~~]I_ ~''"" <_ '. PENNSYLVANIA HOUSING FINA1'<CE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) CLINTON COUNTY Lycomil1g~Clinton Counties Commision for Community Action (STEP) 2138 Lincoln SlIeer P,O. Box 1328 Williamspon. PA 17703 (570) 326'{)587 FA-X (570) 322-2197 CCCS of Northeastern PA 20 t Basin Street Williamspon. P A 17703 (570) 323-6627 FAX (570) 323-6626 31 W. Market Street POB 1127 Wilkes-Barre. P A 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 COLm.lBlA COL'NTY Commi$sion on Economics Opportunity ofLuzeme County 163 Amber Lane Wilkes-Barre. P A 18702 (570) 826.{)510 or (800) 822-0359 FAX (570) 829-1 665-(Call Before Faxing) (570) 455-4994 Hazeitown FAX (570) 455-5631-(Call Before Faxing) (570) 836-1090 Tunkhannock CRAWFORD COUNTY Booker T. Washington Ccmcr 1720 Holland Center Erie. P A 16503 (814) 453-5744 FA-X (814) 5749 John F. Kennedy Center, Inc. 2021 EllSt 20m Street Ene. PA 16510 (814) 898-0400 FAX (814) 898-1243 CUMBERLAND COL'NTY eees of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban league of Metropolitan Harrisburg N.6t1tStreet Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Camm afthe Capital Region 1514 Oem' Street Harrisburg. P A 17104 (717) 232-9757 FAX (717) 234-2227 PENNSYL VAI"lA BULLETIN. VOL. 29. NO. 23. JUNE 5. 1999 CCCS of Northeastern P A 1631 South Athenon St.. Suite 100 Stare College. P A 1680 I (814) 238-3668 FAX (814) 238-3669 1400 Abington Executive Park Suite I Clarks Summit. PA 18411 (570) 587-9163 or (800) 922-9537 FA-X (570) 587-9134-9135 Greater Erie Community Action Comminee 18 West 9th Street Erie. PA 16501 (814) 459-1581 FAX (814)456'{)16! Shcnango Valley Urban League, Inc. 601 Indiana Avenue Farrell. PA 16121 (412) 981-5310 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17:!68 (717) 762-3285 YWCA of Carlisle 301 "0" Street Carlisle. P A 17013 . (717) 243-381& FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St Gettysburg. PA 17325 (717) 334-1518 FA.X 334-8326 EXHIBIT A tr '"' ALL THAT CERTAIN piece or parcel of land situate in Hampden Township. Cumberland County. Pennsylvania, bounded and described in accordance with a survey and plan thereof, dated June 26, 1968, prepared by Roy M. H. Benjamin, Professional Engineer, as follows: BEGINNING at a point in the northwestern line of Charles Road, said point being three hundred seventy-five (375) feet in a northerly direction from the northwestern corner of the intersection of Charles Road and Del-Brook Road, said point being also on the dividing line between Lots Nos. 9 and 8, Block "A" on the hereinafter mentioned Plan of Lots; thence along said dividing line North fif~y-six (56) degrees thirty-two (32) minutes West one hundred ninety-eight and fifteen hundredths (198.15) feet to a point; thence North eight-five (85) degrees twenty-eight (28) minutes East ninety-eight and fifty-one hundredths (98.51) feet to a point on the dividing line between Lots NO.8 and 7, Block "A"; thence South thirty-eight (38) degrees forty-four (44) minutes East one hundred forty and forty-four hundredths (140.44) feet to a point on the western line of Charles Road; thence along the western line of Charles Road, South fifty-one (51) degrees sixteen (16) minutes West thirty-six and fifty-nine hundredths (36.59) feet to a point; thence by a curve to the left having a radius of one hundred thirty-five (135) feet, the arc distance of eighteen and forty-one hundredths (18.41) feet to a poin~, the Place of BEGIrmING. BEING Lot No.8, Block A, Plan NO.1 of Del-Brook Manor, recorded in Plan Book 6, Page 42, Cumberland County Records. HAVING thereon erected a one and one-half story frame and brick dwelling known and numbered as 310 Charles Road. BEING THE S~~E PREMISES which Dennis E. Zook and Bette J. Zook, his wife, by their deed dated April 10, 1987 and recorded April 10, 1987 in the office of the Recorder of Deeds for Cumberland County in Deed Book P, Volume 32, Page 56 granted and conveyed to Gerald A. Miller and Lisa E. Miller, his wife. And being the same premises which Gerald A. Miller and Lisa E. Miller, his wife bv deed dated January 19th, 1998 and which is intended to be recorded"herewith in the Cumberland County Office of the Recorder of Deeds, granted and conveyed unto Lisa E. Miller, Mortgagor hereln. ''':'>~, '. 'I ~, , - ~ ~, VERIFICATION RYAN L. REITMAJER, SR. hereby states that he is ASSISTANT SECRETARY of CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter. that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge. information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: ~llll{O f ~"'- f O-~J--- RYAN L REmwEUlt ASSISTAMT SEmTArY ,,'O<""~ . ~ ~ ~ ~ln"',~,-I),Sf:Njd :"'; \~:'1\ ~\ W, lid /,n Z Oll1UQ li~\f!ltVj; (1: :"~,:'.i '~,i i),. J l~ t1~~~:)I .uOOIif.~ ~,~I\~(,j' ,"::i~:.U" " ~. -, " -I: ,r UlliJ~~~'~~" - 'ffIfffi~.;eIKc^'"~1""'''_W>~~!OO~~~;';''%''''F\:"'~-~J~''- . 0 _~" _" ~ 'N"""~'-';p''-''r';'" - r.~. ,..-;.., ~, ,~J .~ ';",>\"';"JPnii!~)!~'l',"'~'H(i""-;;'P;fiJ~'ii-;"'fT',"i:!i',i'W~~W'jiqt;~ ,_;",!IJI!l~~ " FEDERMAN AND PHELAN By: FRJV{KFEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia. PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CHASE MORTGAGE COMPANY WEST, FIKJA MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff : NO. 01-1602-CIVIL TERM vs. LISA E. MILLER 517 SPRINGHOUSE COURT HARRISBURG, PA 17111 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 LISA E. MILLER Defendant( s), for failure to file an Answer to Plaintiff's 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 3/1101 TO 5116/01 $87,700.65 $1.225.07 TOTAL $88,925.72 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. ~;/~ FRJV{K FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~ n, :J 001 rz~/)-i;:;, ) k?~ PR PRO "THIS FIRM IS A DEBT COLLECTOR AITEMPTING 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, TIllS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN AITEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ')ft'l1-". .. , " ~~;:?~?m;}'~~ --.. ..... ......' ..... '~ ~ ,- ._.. ~,~, _tlt"i, '>-M' .", '''''''''''' ..-' - '- --. ...... '... ....... ..... ....... ..-- .- ._""'" ~'..,... ~. ^.,---~ ',,,*,1' ..- - ~".... -_. .... ,- '.......... ........... ,- ...... ...... ........ ..... -, ,- ",,'" -_. --. --. ,-, ,,~ ~'*' - - ......- -- .-' ~ , 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 CUMBERLAND COUNTY vs. LISA E. MILLER NO. 01-1602 Defendant(s) FILE COP)' TO: LISA E. MILLER 517 SFRINGHOUSE COURT HARRISBURG,FA 17111 DATE OF NOTICE: MAY 2. 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 A VENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff <"H -, '-"'" ,-, - I ,-' - ,- ~" /' @iiit~ of tlp~ ~4.e:riff . Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Hanisburg, Pennsylvania 171 01 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin CHASE MORTGAGE CO WEST vs Sheriff's Return MILLER LISA E No. 0824-T - -2001 OTHER COUNTY NO. 01-1602 AND NOW: April 11, 2001 at 1:13PM served the within NOTICE & COMPLAINT IN MORT FORECLOSURE upon MILLER LISA E to HER by personally handing 1 true attested copy(ies) of the original NOTICE & COMPLAINT IN MORT FORECLOSURE and making known to him/her the contents thereof at 517 SPRINGHOUSE COURT HBG, PA 17111-0000 Sworn and subscribed to be.~,ore, ~e.,t~i~"l,?~~,.};l~y oj..APRIL, 2001 I"i J (, I \ ~r...! '.(f I li_ '___\ ',J 1J1.f_.:lU'Vf{) l---- t -n WU,1'f,.(;V f PROTHONOTARY '-""-~'"_"''''' T-~ ~ /7'i_ '- ,-~" So Answers, JRr#L Sheriff of Dauphin county, I'a. ~ . <""""'\ I7Il ilL By ~ 'VI tiv- Deputy eriff Sheriff's Costs: $40.25 I'D 03/23/2001 RCPT NO 147859 MARTIN ''1 . .. '"~" ,~,~ - , ,~= FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY : CUMBERLAND COUNTY : Court of Common Pleas Plain tiff : CIVIL DIVISION vs. : NO. Ol-1602-CIVIL TERM LISA E. MILLER Defendant(s) VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended (b) that defendant LISA E. MILLER is over 18 years of age and resides at 517 SPRINGHOUSE COURT, HARRISBURG, PA 17111. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ;t:~-/~ FRANK FEDERMAN Attomey for Plaintiff '", , -or..,., -, "-" -,--, 'M ,- '... - ~ -. .- -......' _. .-..... .... :1: ,~, '.. "'-', '... ,_. ....' .;ft- '.... .,-. - -_. --- ".,.. -. .--~ ".. :So ....... ,- .- 'f''' -~......... .~...... -- '_1f'II' "'.' ... ... - -- '........ '. --+.00" -, .......' ,,,..' -~', (Rule of Civil Procedure No. 236 - Revised) CHASE MORTGAGE COMPANY WEST, F/KIA MELLON MORTGAGE COMPANY : CUMBERLAND COUNTY : Court of Commou Pleas Plaiutiff : CIVIL DIVISION vs. : NO. 01-1602-CIVIL TERM LISA E. MILLER Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on MAY /7 ,2000. 8,v ~O/>c.R./ [!.~/lI'::(, {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, TillS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ~;~~~ ~.,.,~ ^ ~"1 -, 1 . --'> ,. '-"T" ~-. _. ...... .......... ~ _. :1. '-' ...,. "'"-'., ._. --. '..... - -~.... .- .... - .- ....... ......" .- -- ........... -~,- ,- .-, ..... ..... - ,~ .-..... .--. -".... ';MI' ....., '.... .- ... ...,-~ .-. --.,... .-..... ...... .......' .... ,.......' _. :S -. .- .... ,....,., ~ ~. --. ".' '-.' o. "- ,.,..,.. , ~ ~4l..M," " ~ ~" " - ~.~', ^ <-=.., '"~ ' ~t r ~ ~E ~ "'--I" .q ....0 & "0 V ~ r ~J- (:) ~ '0',," -""""'"~<-_'~."'~ ~_ "'''" ".' '""'j,,^,.",-~,, -," " o r" '- ;:;:- q)t~< ~;;;'.- f!J -~:' [:::C:.,' ..::::;: ~~~ ::.::] -< r ~I -IIiM"lilT if' , , . ,c;::. ~ :-:\" .,..j f'J f"" ~~ , J~"f" , ~!IiJ!M%~~~~~ ~ llfil:!!! ,"'" '" !"...._"~''''"''llli'!;,'''',,1~''''*,,:~1~;,',-,?--R~i-:p,-,,,'',',-''','!',1""W\"'~W;,"$Ni~~~~ffi'''''APF.''''l[I1'fl~Ml.<m.R~)W!~'' 1IIl , AFFIDAVIT OF SERVICE PLAINTIFF CHASE MORTGAGE COMPANY WEST, FfKlA CUMBERLAND COUNTY MELLON MORTGAGE COMPANY No.01-1602-CIVIL TERM DEFENDANT(S) LISA E. MILLER Type of Action - Notice of Sheriff's Sale SERVE AT 517 SPRINGHOUSE COURT HARRISBURG, P A 17111 Sale Date: SEPTEMBER 5, 2001 daYOf~e.. ,2001, /7.1 (I . Commonwealth Other: Desc 'ption: Age ~ Height bHL 1/ Weightarf4:~Race f!iK Sex Mother!J IQsot~ rf4.(5/J5-h cJ.t) kJJ I, ~4'an\ t..\ .' a competent adult, being duly sworn according to law, depose and state that r personally handed a true and correct copy of the Notice fSheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subsc~d ber;;:e me this .2.J!'!.'daYrl~ of AA/II.(, ,200L Notary: By: .' fin NOT SERVED On the day of ,200_, at o'clock _.m" Defendant NOT FOUND because: Moved Unknown No Answer Vacant Othet: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - r.D. No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 ;'j\,~,"< ~,"' -,,-, . , . STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, _____________________________________________________.________________________Ilecorderor Deeds in and ror said County and State do 'hereby certiry that the Sheriffs Deed in which ________________ ______~~~_':.:~~_!:'?~:_~'?~~_ ~'?::~~~:__~'?~'!)_____ ____________________________________ is the grantee the same having been sold to said grantee on the -----__n.___.___~:~_____________n__._n__n_ day or December 2001 ___________n___n___n_________n______ A. D., ; n_n' under and by virtue or a wriLn__n_______ Execution . 8th ____________________n________________ _n_ _ _____ ISSUed on the ________._n ____ __ ____ ____ __ __ _______ June 2001 . . day of __________________________ A. D., __on' out of the Court of Comman Pleas of said County as of mril 2001 ------------------------------.,.----------------- ----_____________________________ Tenn, : ~_____ 1602 Number m___________, at the suit of m<:.~~~:__~~g;__~'2_:__~:~..t__~~~L~!'_l_~~~_!'!.~!l_~_~_____________ Lisa E Miller ------------_______________________against____________________________________________________ 5 duly recorded in Sherirfs Deed Book No. ____:~.?_____, Page ___~_~~~____. IN TESTIMONY WHEREOF, I h~Lreunto set my hand and seal of said orfice this _L2______ day or _.12_____ f Deeds er of Deeds, umberland County. Carlisle. p~ mmis~on Expires the First Monday 01 Jan. 2002 Y#'l'<i>4.'f!a~ ~,.~ -- - 0' ,,~ ,. ~ ,'- . " ~:~, ", Chase Mortgage Company West, F/kIa Mellon Mortgage Company VS Lisa E. Miller In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-1602 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Lisa E. Miller, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice and Description according to law. And Now: July 18, 2001 at 6:59 P.M., served the within Real Estate Writ, Notice, Poster & Description upon Lisa E. Miller by personally handing to her one true attested copy ofthe original Real Estate Writ, Notice, Poster & Description and making known to her the contents thereof at 517 Springhouse Court, Harrisburg, P A 17111. So answers: J.R. Lotwick, Sheriff of Dauphin County, PA. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states on July 02,2001 at 1:55 o'clock P.M., EDST, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description on the property of Lisa E. Miller located at 310 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants, to wit: Lisa E. Miller, by regular mail to her last known address of 517 Springhouse Court, Harrisburg, PA 17111. This letter was mailed under the date of July 26,2001 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on December 5, 2001 at 10:00 o'clock A.M., EST. He sold the same for the sum of $1.00 to Attorney Frank Federman for Federal Home Loan Mortgage Corporation. It being the highest bid and best price received for the same, Federal Home Loan Mortgage Corporation of Foreclosure Unit, Mail Stop 61, P.O. Box 5000, Vienna, VA 22183-5000, being the buyer in this execution paid SheriffR. Thomas Kline the sum of$I,004.84, it being costs. Sheriff s Costs: Docketing Posting Handbills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary $30,00 15,00 15.00 30.00 10.00 .50 1.00 , -r r ~~.,~ [ " - ; Mileage Certified Mail Levy Surcharge Out of County Dauphin County Postpone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed Poundage 7,80 1.13 15.00 20.00 9.00 30.50 20.00 404.90 337.65 25.66 25.00 26.50 20.49 $1,045.13 Sworn and Subscribed to Before Me This jt?~ Dayof.fDP,,~ - 2001, A.D. C], 'tv () Ii",,'}.. -;'l~ P othonotary :,;1i~I,~F~""",", ,<~_ - r,'" ?Ji2.~~<~ R. Thomas Kline, Sheriff BY Qocht S~ Real Estate Deputy ryJuP" jo.(fi) ),J'D ut.. 3'1 'IO~ Re.v. /19 9 ~'.J ~ -"", =,' ," .~ CllASE MORTGAGE COMPANY WEST, FIKJA MELLON MORTGAGE COMPANY CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION LISA E. MILLER NO. Ol-1602-CIVll. TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) CHASE MORTGAGE COMPANY WEST, FrKJA 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 310 CHARLES ROADMECHANICSBURG, PA 17055 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) LISA E. MILLER 517 SPRINGHOUSE COURT HARRISBURG, PA 17111 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 ,'--'i!'i!ljb., ~-~ - }. 4. Name and address ofthe last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) CHASE MANHATTAN BANK, AS INDENTURE TRUSTEE 1301 OFFICE CENTER DR #200 FORT WASHINGTON, P A 19034 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 31ld 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 310 CHARLES ROAD MECHANICSBURG, PA 17055 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 of 18 Pa. C.s. Sec. 4904 relating to unsworn falsification to authorities. Mav 22.2001 DATE ~k 1t~ ~ FRJU{KFEDE~AN,ESQUIRE Attorney for Plaintiff C~~<1'l", ~,!fl~rr 1 " .<,~~ , ,~ .. . , CHASE MORTGAGE COMPANY WEST, FfK/A MELLON MORTGAGE COMPANY Plaintiff, CUMBERLAND COUNTY No. 0l-1602-CIVIL TERM v. LISA E. MILLER Defendant( s). May 22,2001 TO: LISA E. MILLER 517 SPRINGHOUSE COURT HARRISBURG, P A 17111 **THIS FIRM ISA 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 THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at 310 CHARLES ROADMECHANICSBURG,P A 17055is-' scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by CHASE MORTGAGE COMPANY WEST. F/K1A MELLON MORTGAGE COMPANY (the mortgagee) against you. If the Sheriff s sale is postponed, the property will be relisted for the 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. ;:~-,~,~ ,,' ,,-, , " . - - : ~= h . . You may need an attomey 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 maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ,,:~, ",-" , .' ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, P~nnsylvania, bounded and described in accordance with a survey and plan thereof, dated June 26, A. 68, prepared by Roy M. H. Benjamin, Professional Engineer, as follows: BEGINNING at a point in the Northwestern Line of Charles Road, said point being three hundred seventy-five (375) feet in a Northerly direction from the Northwestern corner of the intersection of Charles Road and Del-Brook Road, said point being also on the dividing line between Lots Nos. 9 and 8, Block "A" on the hereinafter mentioned Plan of Lots; Thence along said dividing line North fifty-six (56) degrees thirty-two (32) minutes West one hundred ninety-eight and fifteen hundredths (198.15) feet to a point; Thence North eight-five (85) degrees twenty-eight (28) minutes East ninety- eight and fifty-one hundredths (98.51) feet to a point on the dividing line between Lots No, 8 and 7, Block "A"; Thence South thirty-eight (38) degrees forty-four (44) minutes East one hundred forty" and forty-four-hundredths (140.44) feet to a point on the Western Line of Charles Road; Thence along the Western Line of Charles Road, South fifty-one (51) degrees sixteen (16) minutes West thirty-six and fifty-nine hundredths (36,59) feet to a point; Thence by a curve to the left having a radius of one hundred thirty-five (135) feet, the arc distance of eighteen and forty-one hundredths (18.41) feet to a point, the Place of BEGINNING. BEING LOT No.8, Block A, Plan No. 1 of Del-Brook Manor, recorded in Plan Book 6, Page 42, Cumberland County Records. HAVING thereon erected a one and one-half story frame and brick dwelling known and numbered as 310 Charles Road. Tax Parcel #10-21-0281-050 TITLE TO SAID PREMISES IS VESTED IN L E /1 isa . Miller by reason of the following: BEING THE SAME premises :vhich Dennis E. Zook and Bette J. Zook, his wife by Deed dated 4/10/87 and recorded 4/10/87 mthe County of Cumberland in Deed Book P Volume 32 aa 56 conveyed unto Gerald A, Miller and Lisa E. Miller, his wife. ' p ",e AND BEING THE SAME premises which Gerald A. Miller and Lisa E Miller hi 'D b D d dated 1/19/98 and recorded 1/26/98 in the County of Cumberland in De~d Book V~I: e l~1 ee 244 conveyed unto Lisa E. Miller. e , page , > , . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEAL TH.OFPENNSYLVANIA) COUNTY OF CUMBERLAND) NO, 01_1 hn? CIVIL ll1X TERM CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: d t d Chase Mortgage canpany West, F/K/A Mellon To satisfy the debt. interest an cos s ue from Mortgage Canpany Lisa E. Miller, 517 Springhouse Court, Harrisburg, PA 17111 PLAINTIFF(S) DEFENDANT(S) (1) You are directed to levy upan the property .of the defendant(s) and ta sell See Legal Description (2) Yau are alsa directed ta attach the praperty .of the defendant(s) nat levied upan in the possessian .of GARNISHEE(S) as fallows: and ta notify; the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjained fram paying any debt ta orfar the accaunt .of the defendant(s) and fram delivering any praperty .of the defendant(s) .or .otherwise disposing thereaf;' ' (3) If property .of the defendant(s) nat levied upon an subject ta attachment is faund in the possessian .of anyane ather than a named garnishee. yau are directed ta natify him/herthat he/she has been added as a garnishee and is enjained as above stated, Amount Due $88,925.72 L.L. from 5/16/01 to 9/5/01 Interest pf'r rliPm - $14_62 $1.637.21 and costsDue Prathy Atty'S Camm % Other Costs $.50 51.00 Atty Paid Plainmt Paid $177.07 Dale: June 8, 2001 Curtis R. Long Prothonotary, Civil Division REQUESTING PARTY: Name Frank Federman, Esq. Address: One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103 Attorney for: Plaintiff Telephane: 215-563-7000 Supreme Caurt 10 Na. 12248 by:. ~O/hC" 2-7l{Cfl/U~ Deputy "!:~","""",,o " "~ , F , ~ ,.. ~, -,- . ""T'T".'*"..""......W..,..~.. .. ...'.liIlli.r'W..r' . .. REAL ESTATE SALE No. ;) ~ ";' 0C\V'IJ. 1'3 I ~ Co I the sherif; levied upon the (Jetendant~ in the real property situated In I-I~ aD.n 7wfJ. , r~rland County. Pa.. known and numbered as: :3.W (T h ~ s Rd. (Itk,clLl!f1l CS~and more fully described on exhibit " A" filed with and by thIs reference Incorporated hereiIil. ;~;~n;:]Q~..J1j Jt50 I ~:Q~u ~rtU..~'&6- . 1 \C;\~H3d '4\~{"t!\ ',...,<', il ",.,' \'.'-"" ~ ." , . ' " . Gt.'t, l\ \\1\\ \ ~l ~,d " "d~[\'J , ",.. O\'!O tlN\\vJ '.,\ ~o 3\1 OJ " ~IIC "j\i.j.. ~~\\\_n.. _"""e I ,I, ~ "" ,~~~Jl!ffi11;1!!!!'lfll:*'j,'!i"""~!!\'i"'f!?'fo!!%~!!ij~lfi~\l'fM;po~,~Ji'~~J,'\?.'V"!~","_.,~""_~',')'",1-',''''~"_..,,,:'' ,'\,',',','~-','''','i,-'!'_o!';W''';~1Cj'-''''R',c,c ,,~!,)!;'>,m,"R';'l;i'~UN'j!'l!!~~'IPl~pr,"'l"" ~," ~' CV;J' Cii;J &::::::lI (i!) IiViJ REAL ESTATE SALE NO. 24 Writ No. 2001-1602 Civil Chase Mortgage Company West. F jK/ A Mellon Mortgage Company vs. Lisa E. Miller Atty.: Frank. Federman ALL 1HATCERTAIN piece or par- cel of land situate in Hampden Township. Cumberland County, Pennsylvania. bounded and de- scribed in accordance with a sur- vey and plan thereof. dated June 26. prepared by Roy M. H. Ben- jamin. Professional Engineer. as fol- lows: BEGINNING at a point in the Northwestern Line of Charles Road. said point being three hundred sev- enty-five (37-5) -f......t ,in;a ,-No.t:.therly_" I direction from the Northwestern cor- ner of the intersection of Charles Road and Del-Brook Road, said point being also on the dividing line be- tween Lots Nos. 9 and 8. Block "Po: on the hereinafter mentioned Plan of Lots,; Thence along said dividing line North fifty-six (56} degrees thkty-two (32) minutes West one hWl- dred ninety-eight and fliteen hun- dredths (198.15) feet to a point: Thence North eight-five (85) degrees twenty-cight (28) minutes East nine- ty-eight and fIfty-one hundredths (98.51) feet to a point on the dMd- ing line between Lots No.8 and 7. Block - K; Thence South thlrty-eight (381 degrees forty-four (44) minutes East one hundred fort;y and fort;y- four liUiidreafhs lT40'."'44fJeet-ro a point on the Western Line of Charles Road; Thence along the Western Line of Charles Road, South f:Lfty- one (51) degrees sixteen (16) min- utes West thirty-six and fIfty-nine htmdredths (36.59) feet to a point; Thence by a curve to the left having a radius of one hundred thirty-fIVe (135) feet, the arc distance of eigh- teen and forty-one hundredths (18.41) feet to a point. the Place of BEGINNING. BEING LOT No.8. Block A. Plan No. ] of Del-Brook Manor. recorded in Plan Book 6, Page 42. Cumber- land County Records. HAVING thereon erected a one and one-half story frame and brick dwelling known and numbered as 310 Charles Road-;----- Tax Parcel ffl0-21-0281-050. TITLE TO SAID PREMlSES IS VESTED IN Lisa E. "Miller by rea- son of the following: BEING THE SAME premises which Dennis E. Zook and Bette J. Zook. hIs wife by Deed dated 4/10/ 87 and recorded 4/ 10/87 i,n the ; County of Cumberland in Deed Book P. Volume 32 page 56 conveyed unto Gerald A Miller and Lisa E. Miller. his wife. AND BEING lliE SAME premises which Gerald A Miller and Lisa E. Miller. hIs wife by Deed dated 1/19/ 98 and recorded 1/26/98 in the Connty of Cumberland in Deed Book Volume 171. page 244 conveyed unto Lisa E. Miller. . ~~ --::-~ - ~_._- ~~rI~~f~~4, :~';~: ,=C~~~~;~l~~trti~: Mel~ ~ - ~ "---~~q,~_,t.~~ge-C~~ ,__ ,;;,-,~.,,-~~-~ -UsaE.MilIer ,,=_ Alty:: ,~nk Fe(terman "" n ' ~: " , D,\?CRIPTIQN ~~'~~T CERTAI~ Plec~,-;;' ~rcel of land ____'5)tuill~,_)!l, HaIl1P{I.<,::n _Township, Cumbt-rland ~~-!:'t.~n~)I\!!~I!!, boJlnd~d-,mddt:scrib\XI ill ,;jL~r:oc;~~lth a .'>lIr\-ey and plan lhereof, dat~d .. 0-."" ' p~epan:d b~ Ro} M.H. Bcn"amm =-"'-llJH.:s~lo~a} En,glOccr, a~ follow!.; , ~f-l~RGat aP\lint in the Northwcsh.,'rn.Lme :-' __=_ ~:i oad. ....ald p?im being lfm.'e hundred ~~~llt:t..tj~_C,j3.75) [<<I ill a Nort~rfy dirt:ction '::., IntlJ,lhc ,Northwc~tern ,comer -of lhe mtersectlOn: ~Charl~_ROad and DcI-Brook,Rvad. said point -"~fJ-_~~,~~ on the dividing linc_~twt:cll Lol~ Nos. =-=-and.8~,BI~k "A~,~'n th~ hcr:l~af!cr mentlooed ~aQ of. Lq~,: Thence along smd dividing line _~,' ?rth "fifty~M.~ ,(56; degTt..''Cs lhirty.two 132) =- rolllUlo;;~ Wnt Ol1C 9Undred mnety-cjclJ nd _~@cen ,hundredths IlYiiI5,1 feet 10 a I ~ . ,~~~(e No~, ~igilly;.fU'-~~l8iJ.,J:lcgrccs 11c~~1~ ~--ll?g),r:nln.!'le@'~iDt:.ty~jghl.and fifty-o:e - ~un;Iredths ('9~.51 I fc.'Ct 10 a point on the div'd' " ~!!.n~_,~twccn_ ~ot~ ~o.8 an~ ],_ Block 1~~~~ ~'!E[I!=,t;:SO.]lli~i)un=.~g1it,t3ii)-&re~, fori:Y::Tollr -: L _I mtnutc~ Eil~t Olll: hundr!..uQI1}'. and fortv- i.&rh,~~d~t:.<!!~jL.J{L';:u'.J&euo. a poim on lilt: ;:st~~, L2ne of ,Qmtc.s..R!lad:Jll!;11G.c_atQnltthe _--: j;~h.:m rille at CharJc~ ROOld.,Jiuutb fifr~. , =TrlJd'w " 16 - _t,)'_OOc ,',. ~_ ~ssJxtcen C ) minules..West Ihirty-o;,i:\ ~~dJitll-m!ll'~hUndredths (36.591.fCCI 10 a poi'ni. - ence b} a cuny tQ !~ left havlIlg a rJdiu~ of ~n~lli1dlhct- Jhll1j;fivl:.._ {13.5J. feel,' the arc ~.rg~.E_C~ ,QC~~~-.!~,d..[OllV-,on.c.hund~--dths' ~ii~Nj~. ..to_..;J.. poim,__the Place of ~~~~Gi~-.f\:~'--8:lJic~~lAPlan-No.1 of Dcl- --:-=-eu..-"' ,_Qr., rcc,ordt:d '" Plan Bouk 6 Pane 4' ..:.~..:.~JtihedandCounlY Rccord~. , . e -, ~~J~G_~.olbercctcd a one-and o~.half ~,s"t,~Z,:t:.~ lr~,' )']' ~d,_Ch---,-IIDSk----,9!oY,eUimL .known -and- ?" , lUl.;,reU as. __Ii arlc~ Road. ~ta.ti'a~ccJ ~1(}'2J..(I;:~I-05().. ~ TO SA-fO PRE~f(SES IS ve~tc.>d In LIsa E J111IerJb__:__~QIl,Qfth~tQILoy,:lIlg:._ '. BI'I~, TH[_S.~.ME ~~s whK:h, ~nms k ~Kana ~l.~,~k ~-Deeddatoo -:=:-4110/87 and rccon:k;d -1110/87 ~n -th" County of ,- Cum~land.~~~ ,B02:-tJ?--Yol.umc 32 page 5.6 ~o:n:.;e~.oo unto, Gerald A. Miller and - LIsa E- ~rltt.,."fib,wifc. . . _ ~A"NQ--:-:-BEIf(Q-- THE SA~iE ;enllS<:s whIch ~td A. Miller and Lisa E. Miller hIS WIfe by ,~.datcd 1/19I9H and R'Cordcd_li26J9S IIl'lhc. CouIllY of Cumberland In Dced Book Volum' 17-'.. page 244 conveyed umo LIsa E. MjJler. c; . *"~"'------._-_.'- ----;-,.~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor ofthe Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: JULY 20, 27, AUGUST 3, 2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r-~~ Roge . Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 3 day of AUGUST. 2001 ~~i. ~~ NotoTV , NOTARIAL"SEAI. LOIS E. SNYDER, NotaryPubllc CallisleBoro, Cumberland County My Commiaslon ExpilII Msn:h It; 2005 _1 ;',I"'h~~. '_' 1'1 -,,", -j-- "' '" . ~" , , THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587. Approved May 16.1929 Commonwealth of Pennsylvania. County of Dauphin} ss James L. Clark being duly sWOrn according to law. deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin. State of Pennsylvania, owner and publisher of I.b..e. Patriot-News and The Sundav Patriot-News newspapers of general circulation. printed and published at 812 to 818 . Market Street, in the City. County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th. 1949. respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 24th and 31 st day(s} of July and the 7th day(s) of August 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising. and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of DaU~hi inr' cellaneous Book "M", Volume 14. Page 317. / / PUBUCATION ................................7/......................................................... COpy Sworn to and subscribed before thO 21st d of ust 2001 A.D. SALE#24 Notarial Seal Teny L, Russell. Notary P Harrlsbulll, OeUj>llin County My Commission ellj)/'es June 6. I!OOl! Member. PennsylVania Association 01 N.t~commission expires June 6, 2002 . CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE. PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO.. Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s} $ Total $ 336.15 1.50 337.65 Publisher's Receipt for Advertising Cost . . The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general Circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... ,"ii,," ,--, ""0',.-.,, '" ';';'~';"ii~-;;f,s;.:i;qz',':f~~-)r~- ,. , PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CHASE MORTGAGE COMPANY WEST, FfKlA MELLON MORTGAGE COMPANY Plaintiff, CUMBERLAND COUNTY No. Ol-1602-CIVIL TERM v. LISA E. MILLER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $88,925.72 . Interest from 5/16/01 to 9/5//01 per diem - $14.62) $1.637.21and Costs TOTAL $90,562.93 ~1-~ FEDERMAN, ESQUIRE ONE PENN CENTER at SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 Attorney for Plaintiff Note: Please attach description of property. No. " - - ~ --- "<. -, ~UT "~"'~'""il"':iW'''''>>t~'1jl1~~~;t,~}j ~< Oz ~~ Z rI.l~ 0 ~ .... ~~ ~~ E-< ;:l..... ;:l ~~ U 0..... --d ..lrl.l U~ ~Z ~'E 0) Zz t::: ~..... i:: o~ ~~ ~ ~ = .~ 00:; 0) d ~ '" 'E ~;:l Ul ~~ ~ 0 0) < ~< ..l 0'" ';J ~Ol$ .r:> O~ ..l - ..l= '" A.. ~ 0 oi:: .... E-< .. ..l~~ 0 UE-< .; ~ ~~ ... S 0 UZ ~'~ ~ ,8 :EZIXI N ~;:l ~O r-i ~ . ;l 00 Ul g ~ 00 ~~ < ~~ a ~~~ ~ E-<u 00 0.... ~ <00 0. E-< ~~ ~~ .... rI.lr-- ..l ~ 8 .........= ~ !!:6 ..lll'l 8; 0::3 ~ ~~ .... 00 ~~ U Ul ~~ ~ .i::j 0) !5~ 00< ~ e~ 0) "" - .~ < Z;:l .... ....u ~ ~-- -- "-~ _ ~'!I".I!n"~._."", .,'\"',. 1!II~~'''1'jP?,)''':''"''~-',*!'l'!-'-m!"Wf::W?<''{~;~'WlIm,~,~~'iit!~\l!l't1if;JF'l'ay,~f'Wf!~~1l'j\l!l~,' 5~!f,s;i$i[lti~~~,= ,. ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pl;nnsylvania, bounded and described in accordance with a survey and plan thereof, dated June 26, A' 68, prepared by Roy M. H. Benjamin, Professional Engineer, as follows: BEGINNING at a point in the Northwestern Line of Charles Road, said point being three hundred seventy-five (375) feet in a Northerly direction from the Northwestern comer of the intersection of Charles Road and Del-Brook Road, said point being also on the dividing line between Lots Nos. 9 and 8, Block "A" on the hereinafter mentioned Plan of Lots; Thence along said dividing line North fifty-six (56) degrees thirty-two (32) minutes West one hundred ninety-eight and fifteen hundredths (198.15) feet to a point; Thence North eight-five (85) degrees twenty-eight (28) minutes East ninety- eight and fifty-one hundredths (98.51) feet to a point on the dividing line between Lots No, 8 and 7, Block "A"; Thence Solith thirty-eight (38)degrees forty-four (44) minutes East one hundred forty-. and forty-four-hundredths (140.44) feet toa point on the Western Line of Charles Road; Thence along the Western Line of Charles Road, South fiftY-one (51) degrees sixteen (16) minutes West thirty-six and fifty-nine hundredths (36.59) feet to a point; ThenZe by a curve to the left having a radius of one hundred thirty-five (135) feet, the arc distance of eighteen and forty-one hundredths (18.41) feet to a point, the Place of BEGINNING. BEING LOTNo. 8, Block A, Plan No, 1 of DelcBrook Manor, recorded in Plan Book 6, Page 42, Cumberland County Records. HAVING thereon erected a one and one-half story frame and brick dwelling known and numbered as 310 Charles Road. Tax Parcel #10-21-0281-050 TITLE TO SAID PRE?vITSES IS VESTED IN L E ~ isa . Miller by reason of the following: BEING THE SAME premises :-vhich Dennis E. Zook and Bette J. Zook, his wife by Deed dated 4/10/87 and recorded 4/10/87 In the County of Cumberland in Deed Book P Vol 32 56 conveyed unto Gerald A. Miller and Lisa E. Miller, his wife. ' ume page AND BEING THE SAME premises which Gerald A. Miller and Lisa E Miller hi 'j) b D d dated 1/19/98 and recorded 1/26/98 in the County of Cumberland in De~d Book V~l WI e 17Yl ee 244 conveyed unto Lisa E. Miller. ume , page ",r,_. , , - - .""., -. '~~'< ~ I" ~_" ,", "= ~7~ ~~ "w_..,~"~~~~~~* 0 "' ~ 6"- ~ ~ 7'( ~ ~ ~ t ~ -tI --0 h .~ ~ 8 0 & & B ?-;~ D (") c:> c) C TI " ~lU 0 -.~ -0'6; '- "- -- j c:: -~ ...... (,.. I I i I IT] IT: .''''OO 2:"r ~ . Iv ~ ~~ f~ Zi"" I :.-:~,~: ("'- (j) !::.. co ~ j'!>'? '.,'-') I r ..:::.:, ':..7.-jC> "\y :<C. "". -t'"1} ... 20 :Jt (-,!I (J-- ... - .... ... ':::::(-1 ... ... .... ~C) Om .Pc '!i? ~~ :2 -, " , W ~ . - "' .... -j , ~ ...... ..... .c:- V ~ lf~~,"~ -~ ..~~P!!'17\'ft- ~E!flQ! ,-",j~"""''''',",,1 " . - ~rfliji~" 1!~~~"'-Ili';i'B,,*Wfl;;t"(f"'1''''j$\-,4i"\il~ '""f'";""Y"'Wt,,,o.;-'i.'4"U'!'iSi(!WW,jji'l:~""'''''''''' " , ^''''"I'T'''',~1'r,l!1i''''''r-'''' ~ CHASE MORTGAGE COMPANY WEST, FfK/A MELLON MORTGAGE COMPANY CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION LISA E. MILLER NO. Ol-1602-CIVIL TERM Defendant{s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) CHASE MORTGAGE COMPANY WEST. FIKlA MELLON MORTGAGE COMPANY, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 310 CHARLES ROADMECHANICSBURG. P A 17055 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) LISA E. MILLER 517 SPRlNGHOUSE COURT HARRISBURG, PA 17111 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 _:~1'iIiRil\1 ~". " -,' -- 'f'O?~. 1--. 1" -, ' '" -, -~ '" 4. Name and address ofthe last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate,) CHASE MANHATTAN BANK, AS INDENTURE TRUSTEE 1301 OFFICE CENTER DR #200 FORT WASHINGTON, P A 19034 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 310 CHARLES ROAD MECHANICSBURG, PA 17055 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. Mav 22,2001 DATE ~k1~ , FRANK FEDERMAN, ESQUJRE Attorney for Plaintiff ,-, " '!1--~<:-' '" "r." , " ~~ "~~.. Il ",:" ~~!I!jfi\"ll"f'-~~q,~_~~ "_,, ,~>. ~,~~ " '"~~~~ ,~" ' "-"~-i ,,,, (") 0 0 C < .''1 -Uw <- =::f mrn c: ""!::;fI! Z""""l z Z-;:~. " (jj~c. ("..0 ~,;;P::: -<<00:,,,. .'~' ~--- ..c::,. :.~~(S ~O :;"::;>., ?C ~'~!j ;;'-:';):!J Zf-< ""7(") >c: \,0 Orn ~~ ---I W ~ .-::- -< ~~~I(;tlll~,*'!~r~I'<li,q~1i,"'7"'t,;e,'f~""Wi'!~~'~li:J'll1-!fI;~Iii~';:~~Aifoll~jW~~t"=~" FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE MORTGAGE COMPANY WEST, FIKlA MELLON MORTGAGE COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION LISA E. MILLER NO. Ol-1602-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: () 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. ~1Ii!1:;;;urrrn Attorney for Plaintiff '~-.{>,~JI!lI, ,-" ~ "". I, " ~ I', ~F", =~I' ~ 'I~"" > , ",-,~-..' --~ " .~~ N~"'=""" "., ~ - ,-.,c'_.. () C) C) C -" ". ~'O OJ ~ ,-- r- r:nn", :1': ,-~ Z:::L' ~-,~ . 'r- ZS;: I ~P[1j ~-- co r"j J: L. ~CI' ~,u "'" ~:~5~ ~>c:' =?.:: Z ~ ~O '-0 c5m c ~ --; w ~ .s:- -< "~ 'U'f."_"_q;.~~I= "'~'l:"-~'''''''~'''~'<_' ',-!"r.' _ ~" _"'-="T,!ffP!11<l""#!,,,,1;7M~''''''''-l\;W';,'il;}'l1j,''Wl;j'J;!ffl;m~~~i!J~~~It~ ,~~ , J CHASE MORTGAGE COMPANY WEST, F/KJA MELLON MORTGAGE COMPANY Plaintiff, CUMBERLAND COUNTY No. Ol-1602-CIVIL TERM v. LISA E. MILLER Defendant(s). May 22,2001 TO: LISA E. MILLER 517 SPRINGHOUSE COURT HARRISBURG, PA 17111 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS 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 310 CHARLES ROADMECHANICSBURG, PA 17055is ". scheduled to be sold at the Sheriff's Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by CHASE MORTGAGE COMPANY WEST. FfKlA MELLON MORTGAGE COMPANY (the mortgagee) against you. If the Sheriff s sale is postponed, the property will be relisted for the 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: I. 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 schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 :,},*lO;~,~, c ' . , ~ " 0' r <Ii ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, P~nnsylvania, bounded and described in accordance with a survey and plan thereof, dated June 26, };' 68, prepared by Roy M. H. Benjamin, Professional Engineer, as follows: BEGINNING at a point in the Northwestern Line of Charles Road, said point being three hundred seventy-five (375) feet in a Northerly direction from the Northwestern comer of the intersection of Charles Road and, Del-Brook Road, said point being also on the dividing line between Lots Nos. 9 and 8, Block "A" on the hereinafter mentioned Plan of Lots; Thence along said dividing line North fifty-six (56) degrees thirty-two (32) minutes West one hundred ninety-eight and fifteen hundredths (198.15) feet to a point; Thence North eight-five (85) degrees twenty-eight (28) minutes East ninety- eight and fifty-one hundredths (98.51) feet to a point on the dividing line between Lots No, 8 and 7, Block "A"; Thence South thirty-eight (38) degrees forty-four (44) minutes East one hundred fony- and forty-four-hundredths (140.44) feet to a point on the Western Line of Charles Road; Thence along the Western Line of Charles Road, South fifty-one (51) degrees sixteen (16) minutes West thirty-six and fifty-nine hundredths (36.59) feet to a point; Thence by a curve to the left having a radius of one hundred thirty-five (135) feet, the arc distance of eighteen and forty-one hundredths (18.41) feet to a point, the Place of BEGINNING. BEING LOT No, 8, Block A, Plan NO.1 of Del-Brook Manor, recorded in Plan Book 6, Page 42, Cumberland County Records. HAVING thereon erected a one and one-half story frame and brick dwelling known and numbered as 310 Charles Road. Tax Parcel #10-21-0281-050 TITLE TO SAID PREMISES IS VESTED IN L E I'll isa ,Miller by reason of the fOllOWing: BEING THE SAME premises which Dennis E. Zook and Bette J. Zook, his wife by Deed dated 4/10/87 and recorded 4/10/87 in the County of Cumberland in Deed Book P Volum 32 56 conveyed unto Gerald A. Miller and Lisa E. Miller, his wife. ,e page AND BEING THE SAME premises which Gerald A. Miller and Lisa E Miller hi .~ b D d dated 1/19/98 and recorded 1/26/98 in the County of Cumberland in De~d Book V \ WI e 1;1 ee 244 conveyed unto Lisa E. Miller. 0 ume , page ",.,,,,,- ~ ~,- ,~ "' ~ ~ '" ~, , ill ~ TJ r --' '~ "_.e->' ",~ ~,'" '"~>~=,,",,' ~=, ,~.~_~"_,,,, _~,"_'_<',.",_~' '-"iirm ' '~[['n)' f 0 0 0 C ;:2;..... -n -o6~' '-- ,-{ mrT( C- [:;-{1=~ z:::d :::~: , zr , -rIm (n yo. 0) _:::c..-, -<:::: 2~ ~C:J :0." >c-- __l'", ~c"; ~~;: (:,) )>l: lJ:) tjfl1 ;.2: ,:..;> ~ --J ;:n -" .~ -< .", !!.ifW~~~iW'!'~!'<<lI\\!lI'~~I!lIl~~~~:1~;;I:i",'-r/;'~"'--";!"""';";'\'~",1i';V.-~";;;"l0'l'~"!"!'f,*jji;>:~~i'I~~'li~C'!~~ljIHil~I!li!ll~~ ... ,"i"~~~~ .. SALE DATE: SEPTEMBER 5. 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW CHASE MORTGAGE COMPANY WEST, FIKIAMELLONMORTGAGECOMPANY No.: 01-1602-CNIL TERM vs. LISA E. MILLER 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: 310 CHARLES ROAD. MECHANICSBURG. P A 17055. As required byPa. R.C.P. 3129.2(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. ~~ Attorney for Plaintiff December 3, 2001 -"'- '" - CHASE MORTGAGE COMPANY WEST, FfK/A MELLON MORTGAGE COMPANY CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION LISA E. MILLER NO. Ol-1602-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHASE MORTGAGE COMPANY WEST, FfKlA 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 310 CHARLES ROADMECHANICSBURG, P A 17055 1. Name and address ofOwner(s) or reputed Owner(s): -:l~, NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) LISA E. MILLER 517 SPRINGHOUSE COURT HARRISBURG, PA 17111 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 f I I j~~." ~ -j-,-' ~ --, ~ I' r ' 'f" "I r~ ,..' ~=---,", 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.) CHASE MANHATTAN BANK, AS INDENTURE TRUSTEE 1301 OFFICE CENTER DR #200 FORT WASHINGTON, P A 19034 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 310 CHARLES ROAD MECHANICSBURG, PA 17055 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 of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Mav 22,2001 DATE ~k1~ ~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff -'!,i\ill; ~,,., ',' :-'"=1,_ "-' >")1 . DATE: May 22,2001 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) LISA E. MILLER PROPERTY: 310 CHARLES ROAD MECHANICSBURG, PA 17055 Improvements: Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in Cumberland County Courthouse, South Hanover Street, Carlisle, P A. Our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished by the sale, You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. LH 0" .'1',_",)~,__ o , ,~~, , .-" . :.~ c ~ " " ~ - ~ ~ ~ ~ ~ ~ ~ ~ z V> .... W IV ~ 0 '" 00 -.J 0- V> ... W IV ~ Cc: " 3 2,1?" c-" '< 0 en~ :: ~ ~ " F o' 0. ~ '" .- '" z l' 0 r g. ~ i:'0' .., ~I'l I'l ~ z Kg .. >== 0 0 . = e ~ ~ ~ z .. 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