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HomeMy WebLinkAbout01-03241 ,~ ~~, <- , " ~- ~ ;,\,~~~"'\O,' . . 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 BANK ONE, NA, AS TRUSTEE, F!KJA FIRST NATIONAL BANK OF CHICAGO 100 WITMER ROAD HORSHAM, PA 19044-0963 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION TERM Plaintiff v" NO, 01- 3J.1/1 CUMBERLAND COUNTY MYONG H. SOL KUM S, SOL AIKIA KUM SOON SOL 3819 CHIPPENHAM DRNE MECHANICSBURG, P A 17055 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "TillS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSEo IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TillS DEBT WAS NOT REAFFIRMED, TillS 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 Plaintiffo 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 COUN1Y CUMBERLAND COUN1Y BAR ASSOCIATION 2 LIBERTY A VENUE CARLISLE,PA 17013 (717) 249-3166 Loan #: 167592308 .' ''''", ~~ IF TillS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TillS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF TillS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN ,VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITillN TillRTY (30) DAYS OF RECEIPT OF TillS . PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE TillRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT TillS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO TillS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF TillRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITillN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF TillS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN TillS SUIT. ,,- "....~~a~~iIl'" 1. Plaintiff is BANK ONE, N,A., AS TRUSTEE, FIKIA FIRST NATIONAL BANK OF CHICAGO 100 WITMER ROAD HORSHAM, PA 19044-0963 2. The name(s) and last known addressees) of the Defendant(s) are: MYONG H, SOL KUM S, SOL A/KJA KUM SOON SOL 3819 CHlPPENHAM DRIVE MECHANICSBURG, P A 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 4/7/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to GMAC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No, 1533, Page 646, By Assignment of Mortgage recorded 9/29/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 655, Page 1092. 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 Exhibit "A." '.- ~. , ". :"'-'''-'-:l~'''',tt'''<"''''YLG,'t' 6, The following amounts are due on the mortgage: Principal Balance Interest 1/110 I through 5/110 I (Per Diem $30,80) Attorney's Fees CUnlulative Late Charges 4/7/99 to 5/1/01 Cost of Suit and Title Search Subtotal $160,606,00 3,726.80 4,000.00 235.27 550.00 $169,118.07 Escrow Credit Deficit Subtotal 0.00 0,00 $ 0.00 TOTAL $169,118.07 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, gl680A03c 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 $169,118.07, together with interest from 5/1101 at the rate of $30,80 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 , " ~ ~>. , '^'!lIiii;j"~~ """,~b"~~~i'i;li!j;jfu: . First Mortgage Loan Servicing , PO Box 85071 San Diego CA 92186-5071 3451 Hammond Ave - PO Box 780 Waterloo IA 50704-0780 G.M~ Mqage Dale: April 11, 2001 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an offieial notiee that the morteaee on vour home is in default. and the lender intends to foredose. SpeeItieinformation about the nature of the default is provided in the attaehed paees. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM CHEl\IAP) mav be able to help to save vour home. This Notiee explains how the proeram works. To see ifHEMAP ean help. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notiee with vou when you meet with the Counseline Aeeney. The name. address and phone number of Consumer Credit Counseline Aeeneies servine vour Countv are Ii!l:ed atthe end althis Notiee. If vouhave anv Questions. van mav eall the Pennsvlvaaia Housiae Fiaaaee Al!eaev toU free at 1-800-342.2397. (Persons with impaired hearinl! ean eall (717) 780-1869). This Notiee eontains important legal informatioa. If you have aay questions, representatives at the Coasumer Credit Counseling Agency may be able to help expiain it. You may also want to eontaet aa attorney in your area. The loeal bar assoeiation 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 CONTENIOO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION Il\fl\fEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSvrN ANIA HOUSING FINANCE AGENCY) SIN CARGOS AI.. NUMERO l\fENCIONADO ARRIBA. PUEDES SER ELEGIBI,E PARA UN PREST AMO POR EL PROGRAMA LJ,AMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EI, CUAI, PUEDE SAlN AR SU CASA DE I,A PERDIOA DEL DERECHO A REDIl\DR SU HIPOTECA HOMEOWNER'S NAMF,(S): PROPERTY ADDRESS: MYONG H. SOL 3819 CHIPPENHAM DRIVE MECHANICSBURG, PA 17055 LOAN ACCT. NO.: ORIGINAI,I,ENDER: CURRENT I,ENDERlSERVICER: 167952308 N/A GMAC Mortgage Corporation IXItBir A w~ " "'--," """'""" ........~~i~_""='f""=~M""_'_ First Mortgage Loan Servicing ,PO Box 85071 San Diego CA 92186-5071 3451 Hammond Ave . PO Box 780 WaterlOo IA 50704-0780 GMAf Mortgage Dare: April 11, 2001 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the morteaee on your home is in default. and the lender intends to foreclose. Specific information ahout the nature of the default is provided in the attached paees. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) mav he able to help to save your home. This Notice explains how the proeram works. To see ifHEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSEUNG AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when yOU meet with the Counseline Aeencv. The name. address and phoue number of Consumer Credit Counseline Aeencres servine your County are listed at the epd of this Notice. If vou have any questions. yOU may eaD the Pennsvlvanm Doume Finance A~encv toll free at 1.800.342.2397. (Persons with impaired heanne 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. 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 NOTlFICACION OBTENGA UNA TRADUCCION lMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYIN ANIA DOUSING FINANCE AGENCY) SIN CARGOS AI, NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAI, PUEDE SAI,V AR SU CASA DE I,A PERDIDA DEL DERECHO A REDIMIR SU BIPOTECA HOMEOWNER'S NAME(S): PROPERTY ADDRESS: KUM S. SOL 3819 CHIPPENHAM DRIVE MECHANICSBURG, PA 17055 LOAN ACCT. NO.: ORIGINAl, LENDER: CURRENT LENDERlSERVICER: 167952308 N/A GMAC Mortgage Corporation EXHIBIT A - - ~-- _L" ~ . ., ,., ,. ,"" " '~ .~ ,~..s.: HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE EUGIBLE FOR FINANCIAl, ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORF,cLOSURE AND HEI.P 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 EUGIBU FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAill,T HAS BEEN CAUSED BY CIRCUMSTANCES YOUR CONTROl" IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER EUGIBIUTY REQillREMENTS ESTABUSHED 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. TIlE PART OF TIllS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE, CONSUMER CREDlT COUNSEUNG AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting,The names. addresses and telephone numbers of designated consumer credit counseling agencies for the cOlmtv 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 immediatelv of your intentions, APPUCATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons setforth 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 Homeowners Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowners 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 fJIed or postmarked within thirty (30) days of you face-to-face meeting, YOU MUST FILE yOUR APPUCATION PROMPTLY. IF YOU FAIl.. TO DO SO OR IF YOU DO NOT FOLl.OW THE OTIlER TIME PERIODS SET FORTH IN THIS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDlATEI,Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WIl.,L BE DENIED. AGENCY ACTION ,- Available funds for emergency mortgage assistance are vel)' limited. They will be disbursed by the Agency ,mder the eligi,b~ity crite~ es~blished by th~ A~. The P~nnsylva.ma Housing Finance Agency has sixty (60) days to make a de~)s)on after It recelVe.s your al?phcation. Dunng that time, no forecIosu:e pro~eedmgs will be pursued against you )fyouhave met the time reqUIrements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. EXHIBITA ~~o .. - . " ~ . ~ - ~_~. I ~ d.._=.~L~_'''';.';;'''''''''''.:.. NOTE: IF XOU ARE CURRENTLY PROTECTED BY THE TILING OF A PETITION IN BANKRUPTCY, THE FOUOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATIEMPT TO COLLECT THE DEBT. (If you have moo bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Drinl! it up to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender is on your property located at~ 3819 Chippenham Drive Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTIlL Y MORTGAGE PAYMENTS for the following months and the fOllowing amounts are now past due, February 1, 2001 through April 1, 2001. See attached Exhibit for payment breakdown. Monthly Payments Late ChaIges NSF Inspections Other Suspense 4,705.38 156.84 0.00 7.25 0.00 TOTAI~ AMOUNT PAST DUE: 4,869.47 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use ifnot annlicable ): HOW TO CURE THE DEFAULT -- You may cure the default within TIlIRlY (30) DAYS of the date of this notice BY PAYING THE TOTAl, AMOUNT PAST DUE TO THE LENDER, WHICH IS . $ 4, 869 . 47 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING TIlE TIlIRlY (30) DAY PERIOD. Pavments must be made either by cash. cashiers check. certified check or money order made Dayable and sent to: Payment Processing GMAC Mortgage Corporation PO Box 780 Waterloo, IA 50704-0780 You can cure any other default by taking the following action within THIRlY (30) DAYS of the date of this letter: (Do not use ifnot aDlllicable.1 Not Applicable IF YOU DO NOT CURE THE DEFAID,T -- If you do not cure the default within TIlIRlY (30) DAYS of the date ofthis Notice, the lender intends to exercise its ri:hts to accelerate the mortl!afte debt. This means that the entire outstanding balance oflhis debt will be considered due immediately and you may ose the chance to pay the mortgage in monthly installments. Iffull payment of the total amOlmt past due is not made within THIRlY (30) DAYS, the lender also intends to instmct its attorneys to start legal action to foreclose upon vour mortl!al!ed prooertv. 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 reql!ired to pay the rea~nable ~orney's fees t,hat were actually incurred, up to $50.00. However, iflegal proceedmgs ~ started agamst agamst you, you ~ll 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) DAYS period. you wiD not be required to pav attornev's fees. EXHIBIT A -., ~"'''''I''1l~~fli':'Jk"",,'b<,~:,' OTHER LENDER REMEDIES -- The lender may also sue you personally for the lmpaid principal balance and all other sums due ,mder the mortgage. RIGHT TO CURE THE ~EFAm~T PRIOR TO SH~RIFF'S SALE -- If you have not cured the default within the TIlIRTY (30) DAY pen?d and foreclosureproceedmgs have begun, vou still have the right to cure the default and Drevent the sale at any tnne uv to one hour before the Sheriff's Sale, You mav do so by vaying the total amOlmt then vast due, vlus any late or, other charges then due, reasonable attorney's fees and costs connected with the foreclo~lre sale and any o~er costs connected with the Sheriff's Sale as svecified in writing by the lender and by verfonnmg any other reQUlrements ,mder the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARUEST POSSIBLE SHERIFF'S SAI,E 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 amOlmt needed to cure the default will increase the longer you wait. You may [md 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: GMAC Mortgage Corporation 401 Mile of Cars Way National City, CA 91950 Phone Number: Fax Number: Contact. Person: (800) 850 -4622 (619) 470-5579 Collection Department 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 Ihrnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You mayor may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied, YOU MAY AUO HAVE THE RIGHT: TO SELL TIlE PROPERTY TO OBT AlN MONEY TO PAY OFF TIlE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTIlER LENDING INSTITIJTION TO PAY OFF TIllS DEBT, TO HAVE THIS DEFAULT CURED BY ANY TIlIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL THAD OCCURRED, IF YOU CURE TIlE DEFAULT. (HOWEVER, YOU DO NOT HAVE TIllS RIGHT TO CURE YOUR DEFAULT MORE TIlAN TIlREE TIMES IN ANY CALENDAR YEAR,) TO ASSERT TIlE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTIlER LAWSUIT INSTITUTED UNDER TIlE MORTGAGE DOCUMENTS, TO ASSERT ANY OTIlER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY TIlE LENDER, TO SEEK PROTECTION UNDER TIlE FEDERAL BANKRUPTCY LAW, CONSUMER CREDIT COUNSEUNG AGENCIES SERVING YOUR COUNTY IS ENCLOSED EXHIBIT A ,~" " - I. ~ > EXHIBIT February 1, 2001 March 1, 2001 April 1, 2001 @ @ @ 1,568.46 1,568.46 1,568.46 ~";"'~i--"~,"">",~.,;r;,,,,,),< EXHJBIT A - ~ ""'......., ~~ ~ ~~-~ '0 I "~, UllillJY"""'="'~ -~'''~."'~~,,",.a:'''''-'1~' PENNSYLVAJ'IIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8100) CLINTON COUNTY Lycoming..clinto':! 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 North ellS tern P A 20 I Basin Street Williamsport, P A 17703 (570) 323-6627 FAX (570) 323-6626 31 W. MarJcet-Street POB 1127 Willces~BarTe, PAl 8702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opportunity ofLuzeme County 163 Amber Lane Wilkes-Barre, P A 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1 665-(Call Before Faxing) (570) 455-4994 Hazeltown FAX (570) 455-5631-(Call Before Faxing) (570) 836-4090 Tunkhannock Booker T. WashingtOn Center 1720 Holl..d 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 CCCS of We stem Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N.6"Streel Harrisburg, PA 17101 (717) 234-5925 FAX (7l7) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (7l7}232-9757 FAX (717) 234-2227 CCCS of Northeastern P A 1631 South Atherton St, Suite 100 State College, PA 16801 (814)238-3668 FAX (814)238.3669 COLUMBIA COUNTY 1400 Abington Executive Park Suite 1 Clacks 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 9111 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 ofFrankJin 31 West)rd Street Waynesboro, PA 17268 (7l7) 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 St Gettysburg, P A 17325 (7l7) 334-1518 FAX 334-8326 PENNSYLVANIA BULLETIN, VOl. 29, NO. 23, JUNE 5, 1999 EXHIBIT A JJ .' ~ .......~ .~~" ~"1''''''~>J"'dilifJ,=m;';^<' A.LL THAT CERTAIN tract ofland situate in Hampden Towaship. ClUUborlllZld Cc~. Pennsylvania. ~c:ing I.ot N c. 120, lIS shown 011 I'<ingswao4 FIria1 Subdivision Plan of Phases VB and VC, dated. Oectlmbct 3, 1~9J and reccmlc:d April 8, 1994 in Cull1berllll1d COUIlty PIIU1 Boak 67. Page 136, being bounded and dcsc:ribc:d t fallows. to wit: , . .,'. BEGIl'fflING at un imn pin lying in a scuWdy right of war line 'If Chippenham R.cwi (60 fcot right of way) and b=Ulg a l10rthcrly C01'llllt of Lot No, 121 of KlngSwood SubdlviaiCl.ll. pf.lise t (1'tsn Beck 54. Page 95), fannerly ~ Square Pian No.5, Phase 3 (PIanBcok S2, Page 145)": thence along Lot No. 121, South 22 dcgl'e1ls 19 mini-ttcs 19 seconds West, 111.33 feet to lII1lrcnpin. being a westerly comer oflllicllound lying a northerly line of Lot No. 131 of Klngswood Subdivlalon PhUe T; thcJiClS alcmg Lot Nos. 131 and 132 of Kingswood .Su6divisio# Phase I North 69 degrees 58 mmlltes 42 sccondi W cst" 27.13 fi:l:t to m ireD ,in, being an easterly co\'4er of LOt No. 132 and being an OIlsterly ccmcr of Lot NlI. 133; tIlc=c: alouS Lot No. 133, North 67 dcgreell 56 ~nutcs 26 seconda West, 71.78 feet to aa. iran pin lyit!gin anarthctly lino~fr..ctNo. 133 and being a southerly comer of Lot No. 119: thence along Let No. 119, NOtth 22 depl!S 03 mmutes 34 sec=ds East. 112,31 reit to an iton pin; being an easterly comer of LotNo. 119 ind lying in a sowhmy right of way line of Chipl'~ Road; thence al!'ng t~e Chippc:riham Road right olway, South 67 deSfecs S61'1liaut.es 26 seconds EllSt, lPO.CO feet to an lton B!D, hemg the plac:e of BEGlMlfING. ' . . , ,:' .1 CONtAINING O.2Sac:R:. BE~ known and nlUl1hercd all 3819 Cltippoolwn Road, Mech.nics~ Pctmaylvanill. .... -..:.........-~....:r..::::---:--...._-..~~.::...::-_::.--::::_:. _ ... _ ..._:.:..... h. ':..-....-:.' .......__-:.. ':_'''_.___'_:'': :~.__._.."_ . Ui'IDBR AND SUBJECT, .NEVP:RTHELESS, to Olll;:1aratlon ot'CQveaantll, J::ao"l!l:lCnt5, R&:stri;;icns F.'1ul!ablc Scrvil:udes, Chll1'ge:lllnd LIl:ns dated November 9, 1988. and rccotlicd. Novembe.l0 t9U in . Cumberland Cqunty Mlsc:ellancoUll Book 356. Page 1095, as llClopted by Amendment =rded ill. C~bcrllllld County MisccII/!11coUll Book 471, Page 148. I! BEtNp THE SAME PREMISES which William H, Goodling. sinal. man, by deed dated O<!tcber 9 [996 and re.cc!9-cd .October 9. 1~96 in the Office of the Recorder ofDcsdB ill.lII1d for Cumberland County, - . P=SYIVansI11~ Buok 141. page 321. granted and conveyed unto Myong Jr. Sol and Kum Soon Sol, his wife. ~d~ '0-- "'r~1l!!l~ VERll'ICA TION SHIRLEY J, EADS hereby states that she is FORECLOSURE SPECIALIST of GMAC. MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this 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. The undersigned understands that this statement is made subject to the penalties of 18 Pa, C.S, Sec, 4904 relating to unsworn falsification to authorities. DATE: ~ /;;3/01 I ' t ~ ".~;,;! -' "'J9~_,?:~;<,j~0Milit"!,~\'~'-'4:i;jf>.;,-)\ij~f;t:h'i.\!i.&t{",,'~1!''''.;,",,-',''~i!J,0 .jl1,"""'ci,";'-~.-,,,..,,,~:., ~..;i"~,'*iI''')~'"i!l''ifiilhifM'4l!.~lh,"~,~'-ffi~lW'''.iilll''iicl~!!r.Iit[Jli/!!tjl:tkl- ~ >- 0:: <( I- o ~ ~ L ~ ~ t' 0 1 ff t;t -' - C', >. u: ~ c" ~ >- Ie; .y c:. tt .- c.", .:-:- ~: .::)~ <S //' c;;... Vl ~ 4< ,..,.c:J 10 ~i -J ~ "..o-<"'~ If) /- . -~.... , ',.j ~ r"'--' ~; ~ ~ J- r.' ""~Z; '. .~, -'-. <'-~ it !J \0_ ,- ::) ~',..:J 0 ~~' kP '_'~' ~_~,~_" '~"~>.~'"~".~ ,.~d,<~.," ._~._",_, .~",,,~,,~, '.;'\""..'" '. 'T ^.., ""'-'~,.""."' ~\..' """""""'7.~~~..<-?,~____~,,'_"4'~ _ ._. ,~,."'" .. J' ~ , ~""_.._:",,,,; FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. l2248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff BANK ONE, N.A., AS TRUSTEE, F/K/A FIRST NATIONAL BANK OF CHICAGO COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff vs. Cumberland County MYONG H. SOL RUM S. SOL, A/K/A RUM SOON SOL :No.01-3241 Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. ~AJJrll ~ FRANK FEDERMAN, ESQUI E Attorney for Plaintiff Date: June 13, 2001 ~i~""";-~~!f!~~~~~--'ki..;K;jj";0iMi~","i""1'b:'!i1>'h'h-';;l,'&"'="_;",,,,",~,."""~"i.tr..."S<2t!'L.,",j~<i!!t~lillIl~iIWi;lW~~~j;M lll&J lIIslli ...... i' !" 0 = 0 C -n :s: <- -0 OJ c::: nlni -w Z::r:~1 ~~ zr.:" CO ~2: ~G ::g )>r-. -"'" - Z'" .";;~ -C' )::- ,j t:? S:::'l <;; ,,;., ~J =< r-.:> -< ~~.,,~.._" "'~ -< -~,~ "~" ,-,",,', .,. ,." ' _7"_ ~".O, ,',~. ,_t." ~__~,~.v ~, H ~-,"' ,"'SC. _.'.",,,,,,,,,,~ . ~c _ ,,'_~1,--'--~'- .:"I~ 'd,," ~ , - ,. " ~O"'" -, ~ '" '- ",.;,..~ SHERIFF'S RETURN - REGULAR CASE NO: 200l-03241 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK ONE N A VS SOL MYONG H ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SOL KUM S the DEFENDANT , at 1436:00 HOURS, on the 1lth day of June , 2001 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ CARLISLE, PA 17013 by handing to KUM S SOL 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 Answers: 6.00 .00 .00 10.00 .00 16.00 r-~~~~~ R. Thomas Kline 06/12/2001 FEDERMAN & PHELAN Sworn and Subscribed to before me this }? 12::. day of q,.,~ :l.trv ( A.D. ~f1,~~ P othonotary , By: Ja.wn ~. ~ Deputy Sheriff -..-. ~_..., - I 1~ ~- < ,~, ",,",,"..~. ~ ~~.- ,~ """"''''',*,'''",,0 SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-03241 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK ONE N A VS SOL MYONG,H ET AL 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 SOL MYONG H but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , SOL MYONG H LIVES IN YORK AREA. PHONE NUMBER 848-1919 Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 6.20 5.00 10.00 .00 39.20 ~T mas line She iff of Cumberland FED & PHELAN 06jl2j2001 County Sworn and subscribed to before me this .te :17 day of ~ .trot A.D. ~O~,.,,~. Pr t onotary J1 - ~ - ~ "~~~ ~ ~ ~ , , ~ ~ ~ "....~ ""'J","",""",j"'b;~""""c'''''' 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 BANK ONE, N.A., AS TRUSTEE, F/KJA FIRST NATIONAL BANK OF CHICAGO 100 WITMER ROAD HORSHAM, PA 19044-0963 TERM Plaintiff NO. 01- :/J-L/( v, CUMBERLAND COUNTY MYONGH. SOL KUM S. SOL AfKI A KUM SOON SOL 3819 CHIPPENHAM DRNE 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 COUN1Y CUMBERLAND COUN1Y BAR ASSOCIATION ,. . . CORD 2 LIBERTY A V-ENUE WherebY I.lenity tho TRUE COpy FROM RE , CARLISLE,PA 17013 .e. be a true nnd In Testimony wnereof, I here unto set my MOO (717) 249-3166 Within to otttlD and the seal of said Court at Carlisle. Fa correct C?py record T~S 3!l:ii;;, ~,~~J:fJji/l ;:~:~:,,~o~NO pr\SU\N Prothonotary Loan #: 167592308 . ~ n',-' -~ "~I~';''''''''''''''''''-'j- -j, J-:'~ :.-"'"....,~.2'_ IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDAl'JT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN Al'JD PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS , PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOVHA VERECEIVED THIS COMPLAINT. HOWEvER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. "",~"...~ --~~ ~-. ~ ''''""!i\i.~",-:,,,,,,,, 1. Plaintiff is BANK ONE, N.A" AS TRUSTEE, F/KIA FIRST NATIONAL BANK OF CHICAGO 100 WITMER ROAD HORSHAM, PA 19044-0963 2. The name(s) and last known addressees) of the Defendant(s) are: MYONG H. SOL KUM S. SOLAIKIAKUM SOON SOL 3819 CHIPPENHAM DRNE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 4/7/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to GMAC MORTGAGE CORPORATION which mortgage is recorded in the Office ofthe Recorder of CUMBERLAND County, in Mortgage Book No. 1533, Page 646. By Assignment of Mortgage recorded 9/29/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 655, Page 1092. 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 2/1/0 I 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" ~.~,_~ ~~c ",'~~.~. ~ 'r ,- , -~ l ''i>ltit~'IliW~;, 6, The following amounts are due on the mortgage: Principal Balance Interest 1/1/0 I through 5/1/0 I (Per Diem $30.80) Attorney's Fees Cumulative Late Charges 4/7/99 to 5/1/01 Cost of Suit and Title Search Subtotal $160,606.00 3,726,80 4,000,00 235.27 550.00 $169,118.07 Escrow Credit Deficit Subtotal 0,00 0.00 $ 0,00 TOTAL $169,118.07 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. ~ 1680A03c 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 Plaintiff s 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 ~ Judgment against the Defendant(s) in the sum of $169,118,07, together with interest from 5/1/01 at the rate of$30.80 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, Is! Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ,~~~~@ "-~ ., -'~>'~'" ~~ " ' '~. lle5.,*~""'}M:.:"~'-".1.c"e"'~ Firsl Motlgage Loan Servicing PO Box 85071 San Diego CA 92186-5071 3451 Hammond Ave PO Box 780 Waterloo IA 50704-0780 GMAf Mortgage Date: April 11, 2001 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort2a ~e on vour home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached na2es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM CBEMAP) mav be able to help to save your home. This Notice explains how the pr02ram works, To see ifHEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSEUNG AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when you meet with the Counselin2 A2enev, The name. address and phone number of Consumer Credit Counselin2 A2eneies servin2 vour County are listed at the end of this Notice. If vou have anv questions. vou' mav eaU'the Pennsvlvania Housin2 Finance A2enev loll free at 1.800.342.2397. (Persons withimnaired hearin2 can call (717) 780.1869). This Notice contains important legal information. If you have any questions, representatives at Ihe Consumer Credit Counseling Agency may be able to help explain it. You may also wanl to contact an attorney in your area. The local bar association may be able to help YOII find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORT ANCIA, PUES AFECT A SU DERECHO A CONTINUAR VlVIENDO EN SU CASA. SI NO COMPRENDE EJ, CONTF.NIDO DE EST A NOTIFlCACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE U,AMANDO EST A AGENClA (PENNSYIN ANIA HOUSING FINANCE AGENCY) SIN CARGOS AI, NUMERO MENCIONADO ARRIBA. PUEDES SER EUGIBLE PARA UN PREST AMO POR EJ, PROGRAMA I,LAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EI, CUAI, PUEDE SA!, V AR SU CASA DE I,A PERDIDA DEI, DERECHO A REDIMIR SU HIPOTECA HOMEOWNER'S NAME(S): PROPERTY ADDRESS: MYONG H. SOL 3819 CHIPPENHAM DRIVE MECHANICSBURG, PA 17055 LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT UNDERlSERVICER: 167952308 N/A GMAC Mortgage corporation SHair A -~""'-"-'I-!''''''ll.liJ'"" ,. .-~ ',,,-'''~~i.'-'o>!'''~~,*,-' , :Firsl MorIjJage loan Servicing PO Box 85071 San Diego CA 92186-5071 . 3451 Hammond Ave PO Box 780 Waterloo IA 50704-0780 GMA~ Mortgage D~e: April 11, 2001 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort2a2e on vour home is in default. and the lender intends to foreelose. Specific information about the natnre of the default is provided in th~ attached pa2es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) mav be able to help to save vour home. This Notice explains how the prOl!1"am works. To see ifHEMAP can help, vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the Counselin2 A2enev. The name. address and phone number of Consumer Credit Counselin2 A2eneies servin2 vour Counw are listed at the end of this Notice. If vou have anv questions.vou mav call the Pennsvlvania HousinJi Finance A2enev toll free at 1.800.342.2397, {Persons with impaired hearin2 can call (717) 780.18 9). 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, LA NOTIFtCACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EI, CONTENIDO DE EST A NOTIFICACION OBTENGA UNA TRADUCCION I~IMEDlATAMENTE LI,AMANDO EST A AGENCIA (PENNSYLVANIA HOnSING FINANCE AGENCY) SIN CARGOS Al, NUMERO MF,NCIONADO ARRIBA. PUEDES SER EI,EGIBLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAl, PUEDE SAl,V AR SU CASA DE LA PERDlDA DEI, DERECHO A REDI~nR SU HIPOTECA HOMEOWNER'S NAME(S): PROPERTY ADDRESS: RUM S. SOL 3819 CHIPPENHAM DRIVE MECHANICSBURG, PA 17055 LOAN ACCT. NO.: ORIGINAl,I,ENDER: CURRENT I,ENDERlSERVICl<;R: 167952308 N/A GMAC Mortgage Corporation EXHIBIT A """"""""".....,.,- " " "iI!lIlIll~~,!~ HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND BEI,P YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPI,Y WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE EUGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAill,T HAS BEEN CAUSED BY CIRCUMSTANCES YOUR CONTROL, IF YOU HAVE A REASONABU; PROSPECT OF BEING ABLE TO PAY YOUR MORT01teE PAYMENTS, AND IF YOU MEET OTHER EUGIBILIIT REQillREMENTS ESTABLISHED BY THE PENNSYL VANIA 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, CONSUMER CREDIT COUNSEUNG 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 ofthis meeting,The names. addresses and telellhone numbers of desil!Ilated conSluner credit counseling agencies for the cOlmtv in which the llronerty is located are set forth at the end of this Notice, It is only necessary to schedule one face-to-face meeting. Advise yom lender immediately of yom intentions, APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific infonnation about the natllre of yom defalllt) If you have tried and are Imable 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, YOIl must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated conSluner credit cOlmseling agencies listed at the end of this Notice, Only consumer credit cOlmseling 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 you face-to-face meeting, YOU MUST FII~E YOUR APPUCATION PROMPTLY. IF YOU FAIl, TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECI,OSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPUCATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGF,NCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbllrsed by the Agency under the elig~bility crite~a established by th~ A<:I. The P;:nnsylvapia Housing Finance Agenc>, has sixty (60) days to make a deCISIon after It receIves YOllr apphcation. Dunng that time, no ~orecloSl~ pro~eedmgs will be pursued against you if you have met the time requirements set forth above. You WIll be notified drrectly by the Pennsylvania Housing Finance Agency of its decision on yom application. EXHIBIT A "" '~b. b^ ~, ~> ,-- , , .~ ~. -~. --- ,,~... ~~ -"-,-,, ...." -,~ 'ii:' NOTE: IF y:OU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY THE FDLI~OWING PART OF mIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND ' SHOULD NOT BE CONSIDERED AS AN ATIEMPT TO COLLECT THE DEBT. (If you have med bankruptcy you can stilI apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Drin2 it up to date). NATURE OF TilE DEF AUI,T -- The MORTGAGE debt held by the above lender is on your property located at: 3819 Chippenham Drive Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following, amounts are now past due: February 1, 2001 through April 1, 2001. See attached Exhibit for payment breakdown. Monthly Paymentl>- Late Charges NSF Inspections Other Suspense 4,705.38 156.84 0.00 7.25 0'.00 TOTAL AMOUNT PAST DUE: 4,869.47 B. YOU HAVE FAILED TO TAKE TIlE FOLLOWING ACTION (Do not use if not applicable ): HOW TO CURE THE DEFAULT.. You may CUre the default within TIIIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAl, AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 4, 869 . 47 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING TIlE TIlIRTY (30) DAY PERIOD. Pavments must be made either bv cash. cashiers check. certified check or money order made pavable and sentlo: Payment Processing GMAC Mortgage Corporation PO Box 780 Waterloo, IA 50704-0780 You can cure any other default by taking the following action within TIlIRTY (30) DAYS of the date of this letter~ (Do not use ifnotapplicable.l N tAl' bl o pp lca e IF YOU DO NOT CURE THE DFJlAUI,T n If you do not cure the default within TIIIRTY (30) DAYS of the date ofthis Notice, the lender intends to exercise its ri2bts to accelerate tbe mort~ate debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may ose the chance to pay the mortgage in monthly installments. Ifll"l payment of the total amount past due is not made within TIlIRTY (30) DAYS, the lender also intends to instnlet its attorneys to start legal action to foreclose upon your mortl!1l2ed property. IF THE l\lORTGAGE IS FORECLOSED UPON n The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. Ifthe lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be req\!ired to pay the rea~nable ~ttorney's fees t~at were actually incurred, up to $50,00. However, iflegal proceedmgs are started agamst agamst 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 amOlmt you owe the lender, which may also include other reasonable costs. If yOU cure the default witbin tbe THIRTY (30) DAYS period. vou wJ1I not be required to pay attorney's fees. EXHIBIT A .~ ,~ ... _'J ~, <.~ II'" ~1Ii1!f"!ll!t,0r~j" OTHER LENDER REMEDIES -- The lender may also sue you personally for the lmpaid principal balance and all other sums due ,mder the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SAI,E -- If you have not cured the default within the TIlIRTY (30) DAY period and foreclosure proceedings have begtm, vou still have the ril!ht to cure the default and IlI'event the sale at anv tnne,uP to one hour before the Sheriffs Sale. You may do so bv pavinl! the total arnOlOlt then past due. plus any late Or other ch~es then due, reasonable attorney's fees and costs connected with the foreclo8!tre sale and anv o';her costs connected with the Sheriffs Sale as specified in writinl! by the lender and bv penonnml! any other reQUIrements under the mortl!al!e. Citrin g your default in the manner set forth in this noti<< will restore your mortgage to the same positiou as if you had never defaulted. EARIJEST POSSIBI,E SHERIFF'S SAI,E DATE --It is estimated that the earliest date that such a Sheriffs Sale ofthe 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 Sheriffs Sale will be sent to you before the sale. Of course, the arnolOlt needed to cure the default will increase the longer you wait. You may fOld 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: GMAC Mortgage Corporation 401 Mile of Cars Way National City, CA 91950 Phone Number: Fax Number: Contact Person: (800) 850-4622 (619) 470-5579 Collection Department EFFECT OF SHERIFF'S SAI,E -- You should realize that a Sheriffs 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 Sheriffs Sale, a lawsuit to remove you and your filrnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You mar or may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that al 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. YOU MAY AI,SO HAVE THE RIGHT: TO SELL TIlE PROPERTY TO OBTAIN MONEY TO PAY OFF TIlE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTIlER LENDING INSTITUTION TO PAY OFF TIllS DEBT. TO HAVE TIllS DEF AUL T CURED BY ANY TIlIRD PARTY ACTING ON YOUR BEHALF. TO HAVE TIlE MORTGAGE RESTORED TO TIlE SAME POSITION AS IF NO DEF AUL THAD OCCURRED, IF YOU CURE TIlE DEFAULT. (HOWEVER, YOU DO NOT HAVE TIllS RIGHT TO CURE YOUR DEFAULT MORE TIlAN TIlREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT TIlE NONEXISTENCE OF A DEF AULT IN ANY FORECLOSURE PROCEEDING OR ANY OTIlER LAWSUIT INSTITIJTED UNDER TIlE MORTGAGE DOCUMENTS, TO ASSERT ANY OTIIER DfPENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY TIlE LENDER, TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW, CONSUMER CREDIT COUNSEIJNG AGENCIES SERVING YOUR COUNTY IS ENCI,OSED EXHIBIT A ~ ~'h EXHIBIT February 1, 2001 March 1, 2001 April 1, 2001 @ @ @ 1,568.46 1,568.46 1,568.46 EXHIBIT A ",_. ~,~ . J c:. ~~~ - -"".~ r' 'li!!'"-'~'!;;,,-,,, PENNSYL V AL'HA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRA,'I1 CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) CLINTON COUNTY Lycoming..clinton Counties Commision for Community Action (STEP) 2138 Lincoln Street P,O, Box 1328 WiIliamsporl, P A 17703 (570) 326-0587 FAX (570) 322-2197 CCCS of Northeastern P A 20 L Basin Street WiIliamsporl, P A 17703 (570)323-6627 FAX (570) 323-6626 31 W. Market Street POB 1127 . Wilkes-Bane, PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opportunity ofLuzeme County 163 Amber Lane Wilkes-Bane, PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665-(Call Before Faxing) (570) 4554994 Hazeltown FAX (570) 455-5631-(Call Before Faxing) (570)836-4090 Tunkhannock Booker T. Washington Center 1720 Holland Center Erie, PA 16503 (814) 453-5744 FAX (814) 5749 John F. Kennedy Center, Inc. 2021 E3St 20tb Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 eces of Western Pennsylvania, Inc. 2000 tingles town Road Harrisburg. PA 17102 (717) 541-1757 Urban League, of Metropolitan Harrisburg N. 6~ Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of tile Capital Region 1514 Derrv Street Harrisburg, P A 171 04 (717)232-9757 FAX (717)234-2227 CCCS of Northeastern P A 1631 South AthertOn St, Suite] 00 State College. PA 16801 (814) 238-3668 FAX (814) 238-3669 COLUMBIA COUNTY l400 Abington Executive Park Suire l Clarks Summit PA 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134-9135 CRAWFORD COUNTY Gre:uer Erie Community Action Commiaee 18 West 9th Street Erie, PA 16501 (814) 459-4581 FAX (814H56-0161 Shenango Valley Urban League, Inc. 60 I Indiana Avenue Farrell, PA 16121 (412) 981-5310 CUMBERLAND COUNTY Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 30 I "0" Street Carlisle, PA 17013 . (717) 243-3818 FAX (717)731-9589 Adams Councy Housing Authority 139-143 Carlisle Sl Gettysburg, PA 17325 (717) 334-1518 FAX 334-8326 PENNSYL VANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 EXHIBIT A ,.",,~""., iililil'~ '" ~, .,.; , 1 -::I('lf 4'!McJe_ . . ALL tHAT CERTAIN tract cifland situate in Hampden TOWIIIhi~ CIlmbc:lenQ Co~, Pennsylvania, ~ing Lot No. 120. as shown on Kingswcod Pizi.al Subdiviaion Plall o!PhaSc::I VB and VC, cWcd DCCllmber 3, I ~9J and recorded April 8, 1994 in Cumberland County Plan Book 67. Page: 135, being bOll.'1.ded and described t ,folloWl, to wit: . . .. '. ,. BEGil'INING at un imn pin lying in a. scwhmy right ohay line of ('hippcDham Road (60 foat right of way) and hC:~lg allortherly cotller of Lot No, 121 ofKlngawood SUbdiviaion.Pt.iso r (plan Bock 54. Page: 95), formerly HamP.ien Square PIan No.5, Phase::l {planBcok S2, Page 1431: thence along Lot No. 121. South 21 degrellS 19 minittllS 19 s=lncb West, 111.33 fc:etto IlIl.lrcnpin, being a ""eslc:r1y comer of said lot and lying It northerly line of Lot No. 13 t of Kingawood Subdivl3lcn PIWe: T; thenc:4 along Lot NOI. 131 and 132 of Kings_od .SuWivisio9f Phase r North 69 de:grees 58 minutes 42 secondi West, 27.73 fi::t to an iron pin, being an easterly c:orite:r of Let No.1 32 and being an c:esterly comer of Lot No. 133; *== alollg Lot No. 133, North 67 degJ'l:c.~ 56 minutes 26 sc:c:onds Wcst, 71.78 feet to lIl1 iron pin lying in anorthe:r1y line~fLotNo. 133* being a souther:ly c:omer of Let No. 119; thence along Lot No. 119, Nonh 22 clcg;recs 03 mmutos 34 ~cb East. 112.31 f~t to an iron pin; bei11g an e85terly comer of LotNo. 119 and lying in a 30utltmy riglltof-..ay line fJf Chipl'=nharli Road; thence along the Chipperihsm Road tigb1 ofway, South 67 degrees S6 minutes 26 seconds East, {PO.CO feet to an inm Bin. being the: plaec of BEGlNNING. . . , , .- .1 CONtAINING 0.25 acre. :BE~ kl1cwn and nlmlbered as 3819 Chlppealwn Road, Ma:h.nics~ P=msylvanirs. - -...._~....:i.-~..-_.-.. ,~,,,"'-"~-'-_..' . .. ".' . .. -,....... .. -.. ..---. . ."'M .._n."~ ., .. , '-UNDER ANDSUBj:Ecr;'NEVJ:RTHELESS;to Deelaration of CcVCDBnU 'F....~~nt5 ~~~i~~s F;'luHablc Serv\l:udc::l, Chlll'ge:l unci Licna dated November 9. 1988, ana recorded No~ 10, t9is, in . Cumberland County Mlsccllanc:ous Book 356. Page: 10!l5, as lIdopted by Amendment recorded in Cumberland County Misc:eUj!neous Book 471, Page 148. il " BEtNp THE SAME PREMISES which W'Llllam H. Goodllng. siDi[e man, by deed dated Ocrcber 9 [996 and re.co:9-cd .October 9, 1~96 in the Office of the Ra:onlc:r ofDeacla in and for Cumberland County, - ' PennsylvlllUa 1~ Buok 147. page 327. granted and con."qed unto Myong:H. Sol and Kum Soen Sol, his wife. nii'll i!.- ... ~ "_...~~" ~" 1>iI!i,_<!fK! VERIFICATION SHIRLEY J, EADS hereby states that she is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this 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, infonnation and belief. The undersigned' understands that this statement is made subject to the penalties of 18 Pa, C.S, Sec, 4904 relating to unsworn falsification to authorities, ffif~ Y&~U ( j/ / DATE~ ?/::J3/01 I ' ~-f I P I ''-11' fr) '(Fe, ~r,(," !IlJJi~~lt .-C"'" '-'..J (:;.J 1 fJ :mrl ~ ,~_"~,."_",>>."",w_,,, ,'~ :s;,-)1,~,-< ""~.-;,,., ,:, . _"",_ _'W~ 0'0-;-,. '~~~',' "'~'-',,.", "_'" ':;<#t*.;';""-iJ<M. ,;,j:,,~:4',",;m,' ,_..1t,,"'"'....~oji>rlil~'1ll1tll"" ~W\..,IiHc'~~.!l~~, ~,'*1l5; ......~~'~'='ri"flili~i IiUll'.dIllIl " ~ ~ ;g. J1fi\ Q~~~ '<'U?f~ '."( ~ ~7 I (\ ;' J , I .'/ "..,' I" ".' 'd ' , "\ ~ " "'.j ~' ! lU 81) D 6& AJJR :" ':-;-drino J:O ::P,)icf.f.o ~ 1'12 .. '~~_"'0iffi.1'; '1f \r SHERIFF'S RETURN - OUT OF COUNTY -i,; ,Jj I CASE NO: 2001-03241 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK ONE N A VS SOL MYONG H ET AL 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: SOL MYONG H but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On July 11th , 2001 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York Co-atty 21.38 .00 58.38 07/11/2001 FEDERMAN & PHELAN ~~ R.Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this / r ~ day of JlLty d..-oo( ~~~ COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 28 EAST MARKET ST., YORK, PA 17401 .., .', .",.,,',....lNSTRUCTIONS ',.. ' P[EASETY'PEdNLVl..lNE1 niRU 12. E>dJ..iOfDJ;;r:ACHANYCOPU~$. .... 1. PLAINTlFF/SI 2. COURT NUMBER Bank One 01-3241 civil 3, DEFENDANTIS! 4, TYPE OFWR1T OR COMPLAINT ,~ Notice and Canplaint n,,,,, Myong H. Sol et a1 in Mortnaoe Foreclosllre SERVE { 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC, TO SERVE OR DESCRIPTION OF PROPERTYTQ BE LEVIED, ATTACHED, OR SOLD. ...... Mvonq H. Sol .."..- 6. ADDRESS {STREET OR RFO WITH BOX NUMBER, APT. NO" CITY, BORO, TWP" STATE AND ZlP CODE} AT 229 South Georqe St. York. PA 17401 7. INDICATE SERVICE: 0 PERSONAL 0 PERSON IN CHARGE ~EPUTJZE ~b~~d 0 1ST CLASS MAIL 0 POSTED 0 OTHER NOW June 19, 2001 ,__ 1, SHERIFF OF~ COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute thO ake return th ccording to law. This deputization being made at the request and risk 0.1 the plaintiff, 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ADVANCE FEE PAID BY ATTY NOTE: ONLY APPLICABLE ON WRIT'OF EXECUTION: N.S. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any ioss, destruction. or removal of any property before sheriff's sale th reaf. 9. 7~r- ~~~f 'ES9J~EY I ORIGINATOR and SIGNATURE' 10. TELEPHONE NUMBER ONE PENN CENTER, STE. 1400, PHILADELPHIA, PA 19103 (215) 563-7000 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (ThiS area must be completed if notice is to be mailed). 111. DATE FILED 16/18/01 CUMBERL1\ND COUNTY SHERIFF 'SPACE BELOW FOR USE OF THESHERIFF;.D.O NOT WRITE"BELQWTHIS LINE 13. I acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above, J. LUDWIG 6/20/01 7/l8/01 16. HOW SERVED; PERSONAL ( RESIDENCE ( ) POSTED ( ) POE? ) SHERIFF'S OFFICE ( ) OTHER.,..k StE REMARKS BELOW eby certifY and return a NOT FOUND ecause I am unable to locate the individual, company, etc. named above. (See remarks below.) 22. REMARKS: (j) i'O 1-&{)( heck No. 411210 53.62 40. Costs Due or Refund 48. Signature of Foreign County Sheriff URN SIGNATURE 7-5-01 49. DATE 51. DATE RECEIVED 1. WHITE. Issuing Authority 2. PINK. Attorney 3. CANARY. Sheriff's Office 4. BLUE - Sheriffs Office -!;i 1_: E;"'i'~!;~ (i'>;;:q,;~: ,_;i';',; , '^",j,c:"',::,~.,;_,,",:v 80 I lJd 02 Nnr TO. Vd ')jl:lOJ. .J:JllJ3HS .:10 301.:1.:10 "()3^,303lJ,, -,""J. .~~"" ill COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST" YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS . PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1. PLAINTlFFLSI 2. COURT NUMBER 01-3241 civil 3. DEFENDAf'lTlSt 4. TYPE OF WRIT OR COMPLAINT Y"'e.i ns~ Myong H. Sol et al' ." . ...... .' :;r:;t~; and e C~laint { ~O:E::'~~~DUAL, COMPANY. CORPORATION,EKTO SER:OR~ESC"'P~TON OF PROPERTYTOllE LEVIED, ATTACHED, OR SOLD. 6, ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, lWP., STATE AND ZIP CODE) __ AT . 229 South Georae St. York-. pi\.- 17401 - .. U 7.INDICATE:..SERVICE:; QPERSONAL OPER5.0NIN_CHARGE ~~~--R-~~~--~t~ 01STClAsSMAlL o POSTED o OTHER NOW June 19, 2001 ,__ I, SHERIFFOF~ COUNTY, PA, do hereby deputize the sheriff of Vork COUNTY to execute thO ake return t ccording to law. This deputization being made at the request and risk of theUplaintiff. Bank One SERVE .. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THATVV1LL ASS1ST IN EXPEDITING SERVICE: ADVANCE FEE PAID BY ATT'l NOTE; ONCV-APPLlCABLE ON WRIT'OF EXECUTION: N.B. WAlVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same withouta watchman, in custody of whomever is found In possession, after notifying person of levy or attachment, without liabillty on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale th~eof. 9. TJ~-~~~fW~~'=Y/ORIGINATORaridSIGNATUR:E - - 10. TELEPHONE NUMBER 11. DATE FilED ONE PENN CENTER, STE. 1400, PHILADELPHIA, PA 19103 (215) 563-7000 6/18(01 ~ 12. SEND NOTICE OF SERVICE COpy TO NAME AND ADDRESS BElOW: (ThIS area must be completed If notice Is to be mailed). CUMBERLI\ND COUNTY SHERIFF S ACE BEL WFOR USE bF THE SHE 13. I acknowledge receipt of the wri! or complaint as indicated above. 15. Expira!ionll:learing Date J. LUDWIG 7/18/01 16-. HOW SERVED: PERSONAL ( o Ih RESIDENCE ( ) POSTED ( I POE1 ) SEE REMARKS BELOW lnt. <ll ('() ( ~'-rZl/v~ ,;:rT &; (J"-OY '"8&~ Z 2:"'9 $. t?b-o )64 ~ /7j"tJ$. ff r'& -/~/7; ) 1-&-0 { heck No. 411ZW o/'..~ 0 I . ft. DATE 7-5-01 49. DATE 51. DATE RECEIVED 1. VVHITE. ISsuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - She.riffs Office _"--"~"",.,,,,~_~I"~~ 0 _~ .~j , ,~''"'''_. ",",,\ FEDERMAN AND PHELAN LLP , By: Frank Federman, Esquire Atty, LD, No,: 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff BANK ONE, N.A., AS TRUSTEE, FfKlA FIRST NATIONAL BANK OF CHICAGO Plaintiff Court of Common Pleas CUMBERLAND County No. 01-3241 VS. MYONG H. SOL KUM S. SOL, AfK/A KUM SOON SOL Defendant( s) PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE, AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. t;J-I()'~/ k~JA/7XJ~ Frank Federman Attorney for Plaintiff Date '~I'-~--"'"'. Ij1t~imlli~~ir~~~1i~fili'f'-;;",)}<--'I'.1l""'~\!h",~iM,N1!liDJaiIi~.~ ",. ",--",-"~~- ~ ~__"~iJ':\~~""'~"~,~_~~,,, _ _ _. .. ~~ ~ ., . L 00 ~..,,' . " . _~h~__. 0 C) 0 c: ~'n ~ en ;:MW ,.." I i'T; '--0 .~ "" Z~n :::'2;'2:; :ze ~~; cc. ~~,~ ~( ::1~?i ',-"--' "'"0 _l_-n 0- :J->C' ::i.~ ~~("5 Z' on 5:>2 -; ?; U1 j; -< --I -< II!!