Loading...
HomeMy WebLinkAbout01-03098 ~ ~ . .j' 1. i U ,'~ . ~ ~, Wl/.,WJ\,"; FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION FLEET MORTGAGE CORPORATION F/KJA FLEET REAL ESTATE FUNDING CORPORATION 11200 WEST P ARKLAND AVENUE MILWAUKEE, WI 53224 Plaintiff TERM NO. 01 - .309,1 Cui ('-y-~ CUMBERLAND COUNTY v. WILLIAM H. DEVORE, JR. DONNA M. DEVORE 199 RIDGE HILL ROAD MECHANICSBURG, P A. 17055 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. " You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Loan #: 71843403 , ',1 . l~' , "~ ~..~, 1. Plaintiff is FLEET MORTGAGE CORPORATION FIKIA FLEET REAL ESTATE FUNDING CORPORATION 11200 WEST PARKLAND AVENUE MILVVAtn(EE, VVI53224 2. The name(s) and last Imown addressees) of the Defendant(s) are: \VILLIAM H. DEVORE, JR. DONNA M. DEVORE 199 RIDGE HILL ROAD MECHANICSBURG, P A. 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/9/93 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AFFINITY NATIONAL MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1187, Page 333. By Assignment of Mortgage recorded 2/2/96 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 513, Page 1146. 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 2/1/01 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 Ex.hibit "A." , . , ~.~ "c' , 0.\-.', 6. The following amounts are due on the mortgage: Principal Balance Interest 1/1/01 through 5/1/01 (per Diem $19.89) Attorney's Fees Cumulative Late Charges 12/9/93 to 5/1/01 Cost of Suit and Title Search Subtotal $116,142.81 2,406.69 4,000.00 239.26 550.00 $123,338,76 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0.00 TOTAL $123,338.76 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. ~1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $123,338.76, together with interest from 5/1/01 at the rate of$19.89 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 :c >~ ~~ "'"-1_ .' I~~ " L APRIL 05, 2001 WILLIAM H DEVORE JR 199 RIDGE HILL RD MECHANICSBURG PA 17055-0000 RE: ACCOUNT # 0071843403 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 1 ! 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 attached pages, The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to sa~e your home. This notice explains how the program works. , To see if HEMAP can hel ou must MEET WITH A CONSUMER CREDIT COUNSELING AGEN Y WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with ou when ou meet with the Couns!in A enc ' 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 association may be able to help you find a lawyer. . LA NOTlFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTI!!/UAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTlFICACION OBTENGA UNA TRADUC~ION INMEDIT AMENTE LLAMANDO EST A AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CJ\RGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWENER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. . HOMEOWNER'S NAME(S): WILLIAM H DEVORE JR. DONNA M DEVORE PROPERTY ADDRESS: 199 RIDGE HILL ROAD MECHANICSBURG PA 17055 0071843403 LOAN ACCT. NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: GE ACQillSmON Fleet Mortgage Corp €.)l\,,\\€>\1 (!\. ,h - ~,,~ "' " I _,,,,,' , ,I.d~~' " " . ut< APRIL 05, 2001 DONNA M DEVORE 199 RIDGE HILL RD MECHAl'.'ICSBURG P A 17055-0000 RE: ACCOUNT # 0071843403 ACT 91 NOTICE TAKE ACTION TO SA VE 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 attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to 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 Counseline ~ency, The name, address and phone number of the Consumer Credit Counseling Agency serving your County are listed at the end of his notice. If you have any Questions. yOU may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearinJ>; 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 association may be able to help you find a lawyer. 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 HHOMEOWENER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAMH EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): WILLIAM H DEVORE JR. DONNA M DEVORE PROPERTY ADDRESS: 199 RIDGE HILL ROAD MECHANICSBURG PA 17055 LOAN ACCT. NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: 0071843403 GE ACQlJlSITION "f'~ f:.'f..~\e\ \ Fleet Mortgage Corp 1__, ' '"'" ',< ~ ~ ,,<~ "'L 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 offorec1osure 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 DEtAULI"', EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE, CONSUMER CREDIT COUNSELING AGENCIES, If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting, The names, addresses, and telephone numbers of d~sij!;nated consumer credit counselin~ a~encies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE, Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender? you have the right to apply for financial assistance from the Homeownerrs Emergency Mortgage Assistance Program. To do so. you must fill OU4 sign and file a completed Homeowner's Emergency Mortgage 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 LETIER, 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 tlStablished 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. of your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin\! it up to date). NATURE OF THE DEFAULT, The MORTGAGE debt held by the above lender on your property located at: 199 RIDGE HILL ROAD MECHANICSBURG PA 17055 IS SERIOUSLY IN DEFAULT BECAUSE: Financial Difficulties f:.'/...'tA\e\\ ~. Jo'... ;", <""- ~<r,_(, ~-Ma-A!i'l-"h, A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Installments: 02/01/01 03/01/01 04/01/01 $ $ $ 794.28 794.28 794.28 Other charges (explain/itemize): Late Charges: U ncoUected Fees: Uncollected late charges Less Credits 02/01/01 03/01/01 $ $ 39.71 3<4 71 $ $ $ .00 119.13 .00 2581.39 TOTAL AMOUNT PAST DUE: $ B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Not applicable): HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DAYS of the date of thls notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 2<;81.39 . PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payment must be made either by cash. cashier's check, certified check, or money order made payable and sent to: Fleet Mortgage Corp Attention: Cashiering P.O. Box 3147 Milwaukee, WI 53201,3147 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Not applicable): IF YOU DO NOT CURE THE DEFAULT- [fyou do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its' rilIhts to accelerate the mort2:alIe debt. This means that the entire outstanding balance of this debt will- be considered due inlmediately, and you may lose the chance to pay the mortgage in monthly installmenls. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct ils attorneys to start legal action to foreclose upon your mort2:a1!e propertv. . IF THE MORTGAGE IS FORECLOSED UPON, The mortgaged property will be sold by the Sherilfto pay otfthe mortgage debt, If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However. if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender eyen 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. 'fvou cure the default within the THIRTY (30) DAY period, you will not he required to pay attorney's fees. OTHER LENDER REMEDIES, The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE, If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have 'begun. you may still have the right to cure the default and prevent the sale at any time up to one hour hefore the Sheriffs Sale. You may do so by paying thetota/ amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writin~ by the lender and by performin~ any other requirements under the mort~a~e. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE, It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately 9 months from the date or this Notice. ~ ,:,otice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course. the amount needed to cure the default willlI1crease the longer you walt. You may fmd 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: Address: Fleet Mortgage Corp P.O. Box 100500 Florence, SC 2950 Hl500 800,254,3677 843-673-4533 Collection Department E~r\\arT ~, Phone l'iumher: Fax Numher: Contact Person: g~""j. - , , .'" ~~~,..,o 'j- U1Ilil!!tW" EFFECTS OF SHERIFF'S SALE:- Yo.u s~ould realize that a Sheriff's Sale will end your. ownership of the mortgage property and your nght to occupy It. If you conunue to live m 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 mayor X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provIdeo that all the outstandmg payments, charges, and attorney's fees and costs are paid prior to or at the sale, and tha.t the other requirements of the mortgage are satisfied. 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 THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER, . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED Applicable Law requires us to inform you that, under these circumstances, we are acting as a debt collector, we are attempting to collect a debt, and any information will be used for that purpose. f:-'/..~VcX\ ~ "~"',~... ~ "~ "- ~., ""---.............=~ "'~~~. -~'~-~,. .l~rr. ,r . r~~H' 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 P A 201 Basin Street WiIliamsport, PA 17703 (570) 323-6627 FAX (570) 323-6626 . 31 W. Market Street POB 1-127 Wilkes-Barre. P A 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opportunity ofLuzeme 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 Hazeltown FAX (570) 455-5631-(Call Before Faxing) (570)836-4090 Tunkhannock Booker T. Washington Center 1720 HoUand Center Erie, P A 16503 (814) 453-5744 FAX (814) 5749 John F. Kennedy Center, Inc. 2021 East 20. Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 eccs of Western PeMsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League ofMettopolitan'Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, P A 171 04 (717) 232-9757 FAX (717) 234-2227 CCCS of Northeastern P A 1631 South Atherton St, Suite 100 Stale College, PA 16801 (814)238-3668 FAX (814)238,3669 COLUMBIA COUNTY 1.400 Abington Executive Park Suite 1 Clarks Summit, PA 18411 (570) 587,9163 or (800) 922,9537 FA-X (570) 587-9134-9135 CRAWFORD COUNTY 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 IndianaAvenue Farrell, PA 16121 (412)981-5310 CUMBERLAND COUNTY Financial Counseling Services of Franklin 31 West 3" 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 Carlisle SI Genysburg, PA 17325 (717) 334-1518 FAX 334-8326 PENNSYLY ANIA BULLETIN, YOLo 29, NO. 23, JUNE 5, 1999 E.)<.~\e\"\" ~ ,"' I,j '" .'"" '- ALL ~ CI!:R'rArN piece or pareeJ. of land situated in the Tcwnship of Sil.ver Spring, Ccx.tnty of 0mbIQ:J.and and O"..~.....c"'l~:lth of :Penn:sy1.vani.a, ~e particular1.y lxunc:led and descr:U:>ed as foll"","" to wit, BEXnNNING at a point in t:he c:ent:er of publlc Tcwnship _ T-577, known as 1Uc3ge Rill _, ..t the c:l1vi~ llne betw....... Lots Nos. 2 and 3 as shewn on the Plan of :t.oea h~ lllEl1\tJ.oned, thence a10ng ....id dividinq llne betw....... Lot:s Nos. 2 and 3, South t:went:y-six (26) degrees f~ (15) minutes East, a disbmce of four bw:dJ:ed t:i ve and fj, ve CCle""hun3redths (405.05) feet:. to .. st:ake _ 1:ine of lands now 0<' formerJ.y of CharJ.es W. SUnday, thence al.c2l9 the d:!vidi2'l9' 1.ine bet\<ean Lot No.2"",,, lands now or fanner1.yof Char1.es w. SUrlaa-y, South s:!.xty-five (65) de91'ees four (04) m..i.z1ut:.as West, a distance of one hund.rt!C! forty and .four OP<!""""1umdrcdths <1.40.04' feet to .. stake at the di.viding l:!.ne betw-., Lots Nos. 2 and J. as shwgn on the ~ter IllEl1\tJ.oned Plan of Iol:s; thence "J.ong said c:l1vldin<] 1ine betw....... Lots Nos. 2 and 1, North t:wen1:y-!dx (26) degrees fi.fteen (15) minutes West, a distance of four hundred one and ei9hty-t:hree one-hundredths (401..83) feet to a point in the center of Ridge Hill Road (T-577) first. ment:ioned abov-e; thence aJ.ong the. center J..i.ne of saic:l 1lidge Hi1.1 Road, North sixty-three (63) degrees forty-fi.ve (45) ininutes East, a distance of one-hundred fca:ty (140) f_t to a po:!nt in the same at t:he divid.i.ngllne bc.b-__. t.ot:s Nos.. 2 and 3 as shewn on the herei.naf1:er mentioned Plan of Lots. the point and place cf :am:olN.tNG. ((DN'1'A:[NDIG one "nd two hundred ninety-six one~ (J..296) of an acres of J.<uld. ) Bf!:ING Lot No. 2 itS B~ an a subdivision plan ~ JUc:har43 WOO p~~:'.h=-ugh as "",ae l>y Jol1n C. sril.hart surveying and Mapping Services (Char1.es W. Junkins, llegistered SUrve:I=) and rec:arded in the Office of the Reca>:der of lleeds in and for OJloberland CcxlI*y, Pennsy1.van:!a, in Plan Book 23, Page 18. I!AVDlG thereon erected a brick and a11J11dnum ra:nc:h 1:ype dwel.llnq house. BEING the same pr.,mises which F>:ank M. Rich and Mazy Lou. Rich, me wife, granted and conVeyed ~ Willlmn R. Devore, Jr.. and Dc:a'ma M. DeVore, bis wife~ &A::r<*ers he:t:'eiJ'I. PREMISES ON: 199 RIDGE HILL ROAD ,-' ~'--~' hiAi l' ,;,~ .,1 , '"",< ~i ~'"->.~~~,_:, VERIFICATION GAIL H. FINK hereby states that she is VICE PRESIDENT of FLEET MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in tIris matter, that she 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 her knowledge, information and belief. Tbe undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. GAl DATE: 5/J7/()/ J .~~~Mil~~~~~ifllicl~cirif!ii~1Hl~,,,;i'.'d;,fu'(-",;;;'<l;;;,if.i;JLi;iO<j~~~*,:n' rtltTjllifiM*~''''''''~~ '....lilI~,!Ii:a - oL,,_ o'o"t'~-'!ifl~~~ . ~~ .8L ~ ~. n ~ ~ ~ (") Cd 0 ~ C ~l J ~:: ...: ~ vcr, Ci fTliT" '. -f"'.-;- ~ .L--.,' 1'-) _ ,- ~"l (;;J 2:T ~ , . ~?,~-: 1''''-) ...... f; g "", r:: 8 0...- ::'"--' ; , ~ ?;~-~: ... .--- Ci I _,__CO} '-l ..~~ :',;;' ~. '-,('fl --.l) ~ ~, ~ ~ .L ">..j :~-~ ...j :n ..< co -< "'~ III '~~.__i:L,~"-,..~I. ~ .- :...1 , _.1...".;,. ~ i\"- ~ ~~-w..'_'" .. . SHERlFF'S RETURN - REGULAR , CASE NO: 2001-03098 P COMMONWEALTH OF PENNSYLVANlA: COUNTY OF CUMBERLAND FLEET MORTGAGE CORP ET AL VS DEVORE WlLLIAM H JR ET AL RICHARD E. SMITH , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DEVORE JR WILLlAM H the DEFENDANT , at 1920:00 HOURS, on the 4th day of June , 2001 at 199 RIDGE HlLL ROAD MECHANICSBURG, PA 17055 by handing to DONNA DEVORE WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So AnS?~~~ 18.00 3.72 .00 10.00 .00 31.72 R. Thomas Kline 06/07/2001 FEDERMAN & Sworn and Subscribed to before By: me this ~l~ day of (~:Lvo/ A.D. C)pfo'th~o~:{L..I1 ~ ~~-, ~M ~" ~ '. ..-' - ~'ti1i(1ll1llif.( d_I:!M:~~i .1 .. SHERIFF'S RETURN - REGULAR CASE NO: 2001-03098 P COMMONWEALTH OF PENNSYLVANlA: COUNTY OF CUMBERLAND FLEET MORTGAGE CORP ET AL VS DEVORE WILLlAM H JR ET AL RlCHARD E. SMlTH , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAlNT - MORT FORE was served upon DEVORE DONNA M the DEFENDANT , at 1920:00 HOURS, on the 4th day of June , 2001 at 199 RlDGE HlLL ROAD MECHANlCSBURG, PA 17055 by handing to DONNA DEVORE a true and attested copy of COMPLAlNT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Ans":7r'J.../ .R1J:? ._ f .~~.r~ 6.00 .00 .00 10.00 .00 16.00 R. Thomas Kline 06/07/2001 FEDERMAN & Sworn and Subscribed to before By: me this 2.(" e': day of /l ( LM.L.- ;;Luv / A. D. v .r-'"\ ~(1~~ rothonotary . ~~~,~. ,.~ ~_ I.. ."""~ '. ,', 1,,-.... ,"_ .. ~ " 'j- utiit\' . ~ FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103.1814 (215) 563.7000 FLEET MORTGAGE CORPORATION, FIK/A FLEET REAL ESTATE FUNDING CORPORATION 11200 WEST PARKLAND AVENUE MILVVAUlCEE, VVI53224 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : 01 ~Jt:ltP : NO. 01-39i#-CIVIL VS. WILLIAM H. DEVORE, JR. DONNAM. DEVORE 199 RIDGE HILL ROAD MECHANICSBURG, PA 17055 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 WILLIAM H. DEVORE. JR. and DONNA M. DEVORE, 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 5/1/01 TO 7/11/01 $123,338.76 $1,432.08 TOTAL $124,770.84 I hereby certify that (1) 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. tfvJt2/I1 J:. W~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~. . DATE:..July ,?, ~DOJ {JM~' J ~. PRO PIlOT "THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATfEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ~.....''''~ ~ ~~~". .. ~' ,_"0_J. [,', , -,,'J;; -,-- : ~ ~tl. "'" ,-,,- "-''''; . FEDERMAN AND PHELAN, L.L.P. . Frank Federman, Esquire ldentification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAlNTlRF , FLEET MORTGAGE CORPORATlON, F/K/A FLEET REAL EASTATE FUNDING CORPORATlON COURT OF COMMON PLEAS CIVlL DIVlSlON Plaintiff CUMBERLAND COUNTY vs. WlLLIAM H. DEVORE, JR. DONNA M. DEVORE NO. 01-3098 CIVlL TERM Defendant(s) TO: WILLIAM H. DEVORE, JR. 199 RIDGE HILL ROAD MECHANICSBURG,PA 17055 DATE OF NOTICE: JUNE 26. 2001 i THIS FlRM lS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DE~T. THIS NOTlCE lS SENT TO YOU lN AN ATTEMPT TO COLLECT THE I lNDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATlON OBT4lNED FROM YOU WlLL BE USED FOR THAT PURPOSE. lF YOU HAVE ' PREVlOUSLY RECElVED A DISCHARGE IN BANKRUPTCY, THlS CORRESPONDENCE lS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAlNST PROPERTY. I IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing withl'the court your defenses or objections to the claims set forth aga~lnst you. Unless you act within ten (10) days from the date of th~s notice, a Judgment may be entered against you without a heari~g and you may lose your property or other important rights. Yo~ should take this notice to a lawyer at once. lf you do not h~ve a lawyer or cannot afford one, go to or telephone the following' office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249.3166 Frank Federman, Esquire Attorney for Plaintiff ~~ ," ,"'. -"~ , ,..< ,- '---""',,: FEDERMAN AND PHELAN . Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIfF , FLEET MORTGAGE CORPORATlON, F/K/A FLEET REAL EASTATE FUNDING CORPORATlON COURT OF COMMON PLEAS CIVlL DIVISION Plaintiff CUMBERLAND COUNTY vs. :NO.01-3098 CIVlL TERM WlLLIAM H. DEVORE, JR. DONNA M. DEVORE Defendant TO: DONNA M. DEVORE 199 RIDGE HILL ROAD MECHANICSBURG,PA 17055 DATE OF NOTICE: JUNE 26. 2001 THIS FlRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTlCE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY lNFORMATlON OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. lF YOU HAVE PREVIOUSLY RECElVED A DISCHARGE IN BANKRUPTCY, THlS CORRESPONDENCE lS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAlNST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249.3166 Frank Federman,Esquire-- Attorney for Plaintiff '"'""-~'w"," ,.........~~~~ I ..:. I .....,,, . .-- _~w "\" 'j~i~,,_ . j 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 FLEET MORTGAGE CORPORATION, F/K/A FLEET REAL ESTATE FUNDING CORPORATION : CUMBERLAND COUNTY : Court of Common Pleas Plaintiff : CIVIL DIVISION jo'" : NO. 01-~-CIVIL vs. WILLIAM H. DEVORE, JR. DONNA M. DEVORE 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 WILLIAM H. DEVORE, JR. is over 18 years of age and resides at 199 RIDGE HILL ROAD, MECHANICSBURG, P A 17055. (c) that defendant DONNA M. DEVORE is over 18 years of age, and resides at 199 RIDGE HILL ROAD, MECHANICSBURG, P A 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. UUI{)AJ( 1)Cfld.vvnevv FRANK FEDERMAN Attorney for Plaintiff L ~~~~""- "~ .., .,- .'~' ,~ ~ ~L~.,'" "''':''=' , ..'~,~ c '~~l(i <(;~'-l;z.;"",{: . t (Rule of Civil Procedure No. 236 - Revised) FLEET MORTGAGE CORPORATION, F/K/A FLEET REAL ESTATE FUNDING CORPORATION : CUMBERLAND COUNTY : Court of Common Pleas Plaintiff : CIVIL DIVISION VS. : NO. OI-3089-CIVIL WILLIAM H. DEVORE, JR. DONNA M. DEVORE Notice is given that a Judgment ~Jthe abo:ve captioned matter has been entered against you on JULY 17 .~.:2t::d.. ., . t-' . ,';' .......Bv fJlJ.?:'D 8... 7p-.LV1. [DEPUTY J'" If you have any questions concerning this matter, pleas~ 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. .. ;\i;i;0!~"'(ii/;"-N!~i",ijjl~ii~,;(!jil'l~illiil-N;d.mr.,,b\,},;i~',;ct)'.H:;~'it';,."",;,.,;< "-i<;!,:;.~~,~~>j,,~illj~_In:lliIliliiw'<-" 'j;XJl"M:wil;;l~"j~-~~' --" '0' ~ -A)J~:!'\i;,!'!-~""o<~.o,,,",,,,J!.,,~t,,_,,,,,,,,,,!IIl~~_, _~, ",,"~ ",,",', ~ ,~,., ,_", ~ "'" '_ ,^,' ~~, _,.. ~ -~- .- tijLt~ F :--.. :t :v ~.t ~ ~ ~~V rri! ~~~-- (;7-i - r' <=.... =~; "",.~ .)..>' , ~;" --.' lJiM" ''''''' ::..:J ',,-~... (,.) -~ ~-.'" '>>'. . , ~.J -< Ii( :ill' ~. ,-- < -....' ". --- ~-'''~1''," PHELAN HALLINAN & SCHMEIG, LLP By: DANIEL G. SCHMIEG, ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER AT SUBURBAN STATION PHILADELPHIA, PA 19103 (215) 563-7000 FLEET MORTGAGE CORPORATION ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION v. WILLIAM H. DEVORE DONNA M. DEVORE NO. 01-3098.CIVIL CUMBERLAND COUNTY PRAECIPE TO VACATE JUDGMENT AND MARK THE ACTION DISCONTINUED AND ENDED WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly vacate the Judgment, which was entered on or about 7/11/01 in the amount of, relative to the instant matter. j)~ G 2~ Daniel G. Schmieg, EsqUIre April12, 2005 ;;~:O',",2':;"'C"';;'~-lii!k~;ll~1iffii'i~j>il~JfW~~~!~~&!\''ili1U:~',,^~\''''''''''''Emii1,~~J\<~"hh:l",,~L"' ~. iV 1111 ;;5 ~ .-" .~~__~ ""_ ,~,_,"~, 0, .,~'" MIlilliIil' ,-...".....,.",.... ~,.."q, ~~ -""- :t) P -IQ t VI. ~ C> 0 9- ,..., 0 = = -., \....- """ ...(: ~ " -l -J:'~ :l?" X-n - ~ (T:i' -U rt1r C ~ Z~-~'; ::0 --om :?:-c :~J9 ~ (I') ,,:: ~ SQ () -<"":.. t ~r:::: :J:> =~jj 6"' -t- )>,r"~ :;J1.: :;'}C) ~.}~ - o,1f'! W - ~ "7-' dD :::1. ...,( -J '< "