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HomeMy WebLinkAbout01-03990FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIItE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215~5(,'i-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.. 8201 GREENSBORO DRIVE SUITE 350, MCLEAN, VA 22102 TERM Plaintiff //~~ C.~.~ v. NO. Q~ " ~gQ~ l:lc~t~ lE2Y~-~ CUMBERLAND COUNTY RAYMOND R. MOSEL TARA L. MOSEL 803 ROSEMONT AVENUE, NEW CUMBERLAND, PA 17070 Defendant(s) **THIS FHtM 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 THI5 DEBT WAS NOT REAFFHtMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN 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 maybe entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 0020020939 IF TH23 IS THE FIRST NOTICE THAT YOV HAVE RECEIVED FROM THIS 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 THIS 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 WITHIN THIItTY (30) DAYS OF RECEH'T 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 FIItST 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 THII2TY (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 WITHIN THE THHiTY (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. 1. Plaintiff is: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE SUITE 350, MCLEAN, VA 22102 2. Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: AURORA LOAN SERVICING 601 SrN AVENUE, SCOTTSBLUFF, NE 69361 3. The name(s) and last known address(es) of the Defendant(s) are: RAYMOND R. MOSEL TARA L. MOSEL 803 ROSEMONT AVENUE, NEW CUMBERLAND, PA 17070 who is/aze the mortgagor(s) and real owner(s) of the property hereinafter described. 4. On 10/5/90 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to GMAC MORTGAGE CORPORATION OF PA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 993, Page 273. By Assignment of Mortgage Recorded 5/21/93 the mortgage was assigned to PLATTE VALLEY FUNDING, INC. LP which Assignment is recorded in Assignment of Mortgage Book No. 444, Page 933. By Assignment of Mortgage Recorded 2/26/97 the mortgage was assigned to SOURCE ONE MORTGAGE SERVICES CORPORATION which Assignment is recorded in Assignment of Mortgage Book No. 541, Page 475. By Assignment of Mortgage Recorded 4/19/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 610, Page 148. The premises subject to said mortgage is described as attached. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 2/1/01 and each month thereafter aze due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon aze collectible forthwith. The following amounts aze due on the mortgage: Principal Balance $60,359.98 Interest 2,549.04 1/1/Ol through 6/1/01 (Per Diem $16.77) Attorney's Fees 3,017.00 Cumulative Late Charges 116.80 10/5/90 to 6/1/01 Cost of Suit and Title Search ssn nn Subtotal $66,592.82 Escrow Credit 0.00 Deficit Z.24 Subtotal $ Z.22 TOTAL $66,600.11 8. The attorney's fees set forth above are inconformity 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. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $66,600.11, together with interest from 6/1/01 at the rate of $16.77 per diem to the date of Judgment, and other costs and chazges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. _L~1;~'ankEedennau~~~~~~--_ FRANK FEDERMAN, ESQUIItE Attorney for Plaintiff i ALL THAT CERTAIN and being in the and Commonwealth follows: tract or parcel of land and premises, situate, lyiag Borough of New Cumberland in the County of Cumberland of Pennsylvania, more particularly described as BEING known as Lot No. 3, Section D, Plan No. 5 of Rosemont, Plan Book 3, Page 64, being more fully bounded and described is accordance with a Plan of Surveq by Gerrit J. Betz Associates, Inc., Engineers and Surveyors, dated February 2, 1979, and bearing drawing No. 79049, as follows, to wit: BEGINNING at a nail faund on the Northwest side of Rosemont Avenue (50 feet wide right-of-way), at a corner of Lot No. 1 of the above-mentioned Plan of Lots, said nail being measured 134.82 feet to the Northwest corner of Rosemont Avenue and Woodland Avenue (both extended); thence extending from said beginning nail and along the Northwest side of Rosemont Avenue, South 44 degrees 30 minutes West 60.00 feet to a nail found at a corner of Lot No. 4 of the above-mentioned Plan of Lots; thence extending along same North 45 degrees 30 minutes West 100.00 feet to a hub found at a corner of Lot #12 of the above mentioned Plan of Lots; thence extending along same North 44 degrees 30 minutes East 29.23 feet to a corner of Lot No. 2 of the above-mentioned Plan of Lots; thence extending along same South 81 degrees 00 minutes 52.81 feet to an iron pin at a corner of Lot No. 1, aforementioned, of the above-mentioned Plan of Lots; thence extending along same South 45 degrees 30 minutes East 57.00 feet to the first mentioned nail and place of BEGINNING. BEING known and numbered as 803 Rosemont Avenue, New Cumberland, Pennsylvania. BEING THE SAME PREMISES which Matthew E. Foltz and Eleanor D. Foltz, his wife, formerly known as Eleanor D. Potter, by this Indenture bearing date the 5th day of October A. D. 1990, and intended to be forthwith recorded in the Office for the Recording of Deeds in and for the County of Cumberland, Commonwealth of Pennsylvania, granted and conveyed unto the said Mortgagors, in fee. UNDER AND SUBJECT to certain restrictions now of record. ya.. THIS MORTGAGE being intended to be a Purchase Money Mortgage utyd~'r. ,ttle;, provisions of the Lien Priority Law as amended. •='' `'`•" V •• ,~ FRANK FEDERMAN, ESQUIRE hereby states that he is attorney for plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF DATE: ~ U -~~, _._ ~, ,~ ~ ~ . ~ ~, . ~ ° c ~~ ~~ ~~ ~¢ c c _-~ ... _ _z 3m+x _ ... ,i#Sfis~'s`k+"• v.pi~ a~y.E~ .w~a, N5~-a,¢~s_v~ ~7 -~Fk°. FA11siSCUdffi'~3~~'~ FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 1400 One Penn Center Philadelphia, PA 19103 (215) 563-7000 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. COURT OF COMMON PLEAS PLAINTIFF vs. CUMBERLAND COUNTY No. 01-3990-CIVIL RAYMOND R. MOSEL TARA L. MOSEL DEFENDANT PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification with respect to the Complaint filed in the instant matter. Date: July 11, 2001 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 06/27/07_ wq~ '~ `~ ^" FA.ti ~' ±5 `~.'~7588 RAYMOND P. MOSEL #0020020939 VRRTFT_!'.6Ti~~L~i hereby states that he,i3he is of mortgage servicing agent for Plaintiff m than matter, that he/she is authorized to +ake this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure arc tn~e and correct to the best of his/her knm~ledge, information and belief. TITe undersigned understrnds Thal this sta%ement is made soLjccl to the penalties of 18 Pa. C.S. Srr. 4904 relating to unsworn falsification to authorities. ~A~ ~.~__2-~I-o1 1 I ~ ~ ~, ~ Krista Gingrie$ Vice President oar r a6/L7/al WED 10:30 [Ta/R\ NO 66167 ~_ ;.-,. CASE NO: 2001-03990 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGI VS MOSEL RAYMOND R ET AL KATHY CLARKS Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MOSEL TARA L DEFENDANT the at 1846:00 HOURS, on the 9th day of July 2001 at 803 ROSEMONT AVE NEW CUMBERLAND, PA 17070 by handing to RAYMOND MOSEL, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this a 3~a day of alrp A.D. lu l,t,. r thonotary So Answers: ,~~~~-~ R. Thomas Kline 07/10/2001 FADERMAN & PHELAN BY• /~~~~, ~ „ DeputDeput Sherifff CASE N0: 2001-03990 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS MOSEL RAYMOND R ET AL KATHY CLARKE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MOSEL RAYMOND R the DEFENDANT at 1846:00 HOURS, on the 9th day of July 2001 at 803 ROSEMONT AVE NEW CUMBERLAND, PA 17070 by handing to RAYMOND MOSEL a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.05 Affidavit .00 Surcharge 10.00 .00 39.05 Sworn and Subscribed to before me this .~ 3~ day of ~_ A.D. otho~notary So Answers: 7 ~u"s`CC ~'~'°'~ R. Thomas Kline 07/10/2001 FEDERMAN & PHELAN By: ~-, ~ Depu Sheriff .,, ,~ FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Centel at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (2151 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE SUITE 350 MCLEAN, VA 22102 Plaintiff vs. RAYMOND R MOSEL TARA L. MOSEL 803 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 Defendant(s) Attorney for Plaintiff :CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. O1-3990-CIVIL C7 c~ ~-;. • c - ~, _ m ~~' • z ,- c~ -,-r. __ . , ~, ~ -- , ~C~ ~ -~; D CJ C N `__ L~r, ' ~. ~ _ ;: - ca 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 RAYMOND R MOSEL and TARA L. MOSEL, Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $66,600.11 Interest 6/1/01 TO 8/14/01 $1,257.75 TOTAL $67,857.86 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. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~ ~ ~~ ~ ~~, ~O PROTHY j 'i'u~- **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 BANHItUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AMID SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECr A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ~• CASE NO: 2001-03990 P SI?ERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: "COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS MOSEL RAYMOND R ET AL KATHY CLARKE Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MOSEL RAYMOND R the DEFENDANT at 1846:00 HOURS, on the 9th day of July 2001 at 803 ROSEMONT AVE NEW CUMBERLAND, PA 17070 by handing to RAYMOND MOSEL a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.05 Affidavit .00 Surcharge 10.00 .00 39.05 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 07/10/2001 FEDERMAN & PHELAN By: Depu Sheriff Prothonotary CASE NO: 2001-03990 P SHERIFF'S RETURl~T - REGULAR COMP9ONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS MOSEL RAYMOND R ET AL KATHY CLARKE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MOSEL TARA L DEFENDANT the at 1846:00 HOURS, on the 9th day of July , 2001 at 803 ROSEMONT AVE NEW CUMBERLAND, PA 17070 RAYMOND MOSEL, HUSBAND by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A.D. So Answers: ... ` -~.. R. Thomas Kline 07/10/2001 FADERMAN & PHELAN By ~ ~G~~ Deput Sheriff Prothonotary ®. EEDERMAN AND PHELAN, L.L.P. ,. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs. RAYMOND R. MOSEL TARA L. MOSEL Defendant(s) TO: RAYMOND R. MOSEL 803 ROSEMONT AVENUE NEW CUMBERLAND,PA 17070 DATE OF NOTICE: JULY 31, 2001 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-3990-CIVIL THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff ,- 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs. RAYMOND R. MOSEL TARA L. MOSEL Defendant TO: TARA L. MOSEL 803 ROSEMONT AVENUE NEW CUMBERLAND,PA 17070 DATE OF NOTICE: JULY 31, 2001 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO.O1-3990-CIVIL THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman,ESquire Attorney for Plaintiff FEDERMAN andPHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelplua, PA 19103-1814 (215)563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Attorney for Plaintiff CUMBERLAND COUNTY Court of Common Pleas Plaintiff CIVIL DIVISION vs. RAYMOND R MOSEL TARA L. MOSEL Defendant(s) NO. O1-3990-CIVIL VERIFICATION OFNON-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 lrnowledge of the following facts, to wit: (a) that the defendant(s) 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 RAYMOND R MOSEL is over 18 years of age and resides at 803 ROSEMONT AVENUE, NEW CUMBERLAND, PA 17070. (c) that defendant TARA L. MOSEL is over 18 years of age and resides at 803 ROSEMONT AVENUE, NEW CUMBERLAND, PA 17070. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. i 7~''% ~ Hof _ ----__- .. FRANK FEDE Attorney for Plaintiff (Rule of Civil Procedure No. 236 -Revised) MORTGAGE ELECTRONIC :CUMBERLAND COUNTY REGISTRATION SYSTEMS, INC. Court of Common Pleas Plaintiff CIVIL DIVISION vs. RAYMOND R MOSEL TARA L. MOSEL Defendant(s) NO. O1-3990-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on AUGUST I ~ , 2000. By, ,IYI.(~J~i'°I, ~ ,P 114»') 1DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESOIJIl2E Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (2151563-7000 **THIS FIItM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAIlVED WII,L BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** -~ ~~ ~, Q V ~~ +^~, t`W/ !~ c ~,,,, _9 rY, ~'-~'- C/) d lLi t~ 1~ `' ~. K~ ~_. r'. Y"i ~~ J ~/ -, '.. ~._:. 'i7 -=~ 1il ~1 '-~ .. FY. ~ti~~ -..ix's F `.F K.'6~v3E!4.^Mg t ~-RWPa[FID +'Vi n...H.di?%L~R$S3h+CP$~I°`~'63~ .. WiSF .. .. ,. .. - PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION CUMBERLAND COUNTY SYSTEMS, INC. Plaintiff, No.01-3990-CIVIL v. RAYMOND R. MOSEL TARA L. MOSEL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $67,857.86 Interest from 8/14/01 to 12/5/01 $1,260.48and Costs (per diem - $11.15) TOTAL $69,118.34 ~IK FEDERI, ESQUIRE PENN CEN ER at SUBURBAN STATION E 1400 PHILADELPHIA! PA 19103 Attorney for Plaintiff Note: Please attach description of property.No. w~ ~~ ~ ~ U O ~ ~ ~ ~ ,V,, ~ -a ~l U Q ~"a ~ ~ E"W ~ ~ W , ~" ,i F ~~ O oz a~ y da F ~ w~ Wz O ~ z~ ~ ~ F ~ A C 7 ~i ~„ z Oa a~ ~ pW,, U C4 W ~ `~ U x H ~ ~~ a U d s. 7 m .~. d ~. w en on 50 G b w w .y .~ a 0 w 0 0 P, d w Az a@ C4 W U p~ z M O .9 a. '~ ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and beins in the Borough of New Cumberland in the County of Cumberland and Commonwealth of Pennsylvania, more pazticutarly described as follows: BEING known as Lot No. 3, Section D, Plan No. ~ of Rosemont, Plan Book 3, Page 64, being more fully boundzd and described in accordance with a Plan of Survey by Gerrit J. Betz associates. Inc., Engineers and Surveyors, dated February 2, 1979, and bearing drawing No. 79049, as follows. to wit: BEGINNING at a nail found on the Northwest side of Rosemont .-avenue (d0 feet wide right-oT- way), at a corner of Lot No. 1 of the above mentioned Plan of Lots, said nail being measured 134.82 feet to the Northwest corner of Rosemont Avenue and Woodland Avenue (both extended): thence extendins from said beginning nail and along the Northwest side of Rosemont Avenue, South 44 degrees 30 minutes West 60.00 feet to a nail found at a comer of Lot No. 4 of the above mentioned Plan of Lots; thence extending along same North 45 degrees 30 minutes West 100.00 feet to a hub found at a corner of Lot X12 of the above mentioned Plan of Lots; thence extending along same Noah 44 decrees 30 minutes East 29.23 feet to a comer of Lot No. 2 of the 00 minutes 52.81 feet to an iron pin at a comer of Lot No. 1, aforementioned, of the above mentioned Plan of Lots: thence extending along same South 45 degrees 30 minutes East 57.00 tieet to the first mentioned nail and place of BEGINNING. BEING known and numbered as 803 Rosemont Avenue, New Cumberland, PA. TAY PARCEL .~25-25-0006-450 ~ ~ TITLE TO SAID PREMISES IS VESTED Iy Raymond R. Mosel and Tara L. Mosel, Husband and Wife by Deed from Matthew E. Foltz and Eleanor D. Foltz, Husband and Wife, formerly known as Eleanor D. Potter dated 10/5/1990, recorded 10/10/1990, in Deed Book U 34, Page 1103. o-~ n _ + ~ ~ t ~ ~s ~_ ~ o c d Q u, .8 c~~ U~ `' ~ f ~~ `1 ~ ~ o °~ ~ ~ ~ ~ - ~ ~ ~ ~+ ~~ ~~ 3 ~ r 7 wog ~ ' - ~ : ~ «' ~~ ,1, _ +': c . - _~ _ s -'' , : a -~ :.. 1] ~~ _ _` s~ o. 4fijF iV W .-'infl'3-. "th^YZ`s3+•a~.Ftt+F'l3# SR!Fd;kP: db'F d::A~ll~a',W' MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. RAYMOND R. MOSEL TARA L. MOSEL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.Ol-3990-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIItE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 803 ROSEMONT AVENUENEW CUMBERLAND, PA 17070 Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) RAYMOND R. MOSEL 803 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 TARA L. MOSEL 803 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) RABENAS 418 BRIDGE ST. WARDROBE SERVICE NEW CUMBERLAND, PA 17070 THEODORE RABENA 418 BRIDGE ST. NEW CUMBERLAND, PA 17070 .~ ~. 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which maybe affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 803 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 Domestic Relations of Cumberland 13 North Hanover Street County Carlisle, PA 17013 Commonwealth of Pennsylvania p0 Box 2675 Department of Welfare Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to August 20.2001 DATE S: ~t r7 C. _- L-' L- _ f T ~` i _ G ~ - ` LF ~`~ .. C t. _ E.... :~_~ .J r~ FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v. Plaintiff, RAYMOND R. MOSEL TARA L. MOSEL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.Ol-3990-CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant O Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~,.:~ C - _ Z7 E_.'. __ 6ri r1 '"~ `,'? - 7 ~ ~~ CO . e ,.. ~..~' -_ .. .,. 'i f < f Ai. -f3~ mzmr .. ... .. ,'t~ni»;~s n e -.~:, .~~~F.~-^x ~m:+a.p3Yw.v~-esc.?i3~i n:°5~ ,~IaRE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. RAYMOND R. MOSEL TARA L. MOSEL Defendant(s). CUMBERLAND COUNTY No.01-3990-CIVIL August 2Q 2001 TO: RAYMOND R. MOSEL 803 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 TARA L. MOSEL 803 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 **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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 803 ROSEMONT AVENUENEW CUMBERLAND, PA 17070is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the MARCH 6, 2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthe judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ...,~.~. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (2151563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 4. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) aze filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717)249-3166 (800) 990-9108 r ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of New Cumberland in the County of Cumberland and Commonwealth of Pennsylvania, more panicularly described as follows: BEING known as Lot No. 3, Section D, Plan No. ~ of Rosemont, Plan Book 3, Page 64, being more fully bounded and described in accordance with a Plan of Survey by Gerrit 7. Betz Associates, Inc., Engineers and Surveyors, dated February 2, 1979, and bearing drawing No. 79049, as follows. to wit: BEGINNING at a nail found on the Northwest side of Rosemont Avenue (~0 feet wide right-of- way), at a corner of Lot No. 1 of the above mentioned Plan of Lots, said nail beitig measured 134.82 feet to the Northwest corner of Rosemont Avenue and Woodland Avenue (both extended); thence extending from said beginning nail and along the Northwest side of Rosemont Avenue, South 44 degrees 30 minutes West 60.00 feet to a nail found at a comer of Lot No. 4 of the above mentioned Plan of Lots; thence extending along same North 45 degrees 30 minutes West 100.00 feet to a hub found at a comer of Lot f~12 of the above mentioned Plan of Lots; thence extending along same North 44 degrees 30 minutes East 29.23 feet to a corner of Lot No. 2 of the 00 minutes X2.81 feet to an iron pin at a corner of Lot No. 1, aforementioned, of the above mentioned Plan of Lots; thence extending along same South 45 degrees 30 minutes East X7.00 feet to the first mentioned nail and place of BEGINNING. BEING known and numbered as 803 Rosemont Avenue, New Cumberland, PA. TAX PARCEL X25-25-0006-450 ~ i TITLE TO SAID PREMISES IS VESTED IN Raymond R. Mosel and Tara L. Mosel, Husband and Wife by Deed from Matthew E. Foltz and Eleanor D. Foitz, Husband and Wife, formerly known as Eleanor D. Potter dated 10/5!1990, recorded 10/10/1990, in Deed Book U 34, Page 1103. 76 ..... - L_ "'_ T' "L) CzJ ;~.~ - ~ i' _... _ L ~- ~ ~` L... <- .. __ ~_ £R9 H~~9P-A -'~('' "'9Y'2Mv'% r, rtluks ~ea3 kl '.-%J-n' ~ '~~•.a Ti -n '>~rvFk' -i ni'IFT~]9."~t B R AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DEFENDANT(S) RAYMOND R. MOSEL TARA L. MOSEL SERVE RAYMOND R. MOSEL AT 803 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 SERVED Served and made known to ' "~~e N ~ Uv ~_ V '0 S@ at '~S ,o'clock~.m.,at ~63 ~USewoN~ of Pennsylvania, in the manner described below: CUMBERLAND COUNTY No.01-3990-CIVIL Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 5, 2001 T!k V".~, _, Defendant, on the ~II `~ (' da1y of ~ ~'S ° ~ ~ , 200 I , f ~ ~?t,J CU ut I~e~- (~'' C Commonwealth Defendant personally served. , ~ I ~~Adult family member with whom Defendant(s) reside(s). Relationship is W t (~~ .Tt~ a ~. , 0 SC Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person itt chazge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age .3S ~Height.J~7d I, C a~.~ Nit ~. • CAF J R a competes a true and correct copy oft e Noticeof Sheri~+~+' the address indicated above. and of 2001 Nota ~ ~~- U On the ~~ day of By: _ (bS Weight ~3 v Race wG Sex ~ Other .9Ic7S5Pf adult, being duly sworn according to law, depose and state that I personally handed in the manner as set forth herein, issued in the captioned case on the date and at Notarial Seal L. Heefner, Notary Public sburg Boro, Franklin County 71 ion Expires Aug. 5, 2002 /1 i Association N a ~ `fC/7//T/11 NOT SERVED 200_, at o'clock _ m., Defendant NOT FOUND because: __ Moved Unknown _ No Answer Vacant Other: Sworn to and subscribed befare me this day of ,200 - Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center Suburban Sta[ion, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 c, ~ ~, ~; -,are ri~, -r, ~, -n ~„ '° v ~ ~ ~; . ~ i° :~ .. ~cYm+" :~ .~ rs.~3 E.. as.: ,.~vflr xi~^w`xr~~:5°ac _. Y"a .~ AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION CUMBERLAND COUNTY SYSTEMS, INC. No.01-3990-CIVIL DEFENDANT(S) RAYMOND R. MOSEL Type of Action TARA L. MOSEL -Notice of Sheriff s Sale SERVE TARA L. MOSEL AT Sale Date: DECEMBER 5, 2001 803 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 SERVED Served and made known to I clpR 7C ~ ' /"'~ $e'' ,Defendant, on the a / ~~ day of ~p9u 5~ , 200 ~, at rr~S , o'clock g.m., at O O3 ~6 Se 4uo N ~ ~J C , y NCB eua..~~eR1a N ~ ,Commonwealth of Pennsylvania, in the manner described below: ~ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: / N /v~ Description: Age, Height .J 66 Weight /s0 Race ~~` Sex ~ Other 9~~ses I, CIaReNC~ l" ~R~r r ~' , a competent adult, being duly sworn according to law, depose and state that I personally handed "~, a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at ~~~~~ the address indicated above. _ Notarial Seal Stacy L Heefner, Notary Public Swom to and subs rtbed Chambersburg Boro, Franklin County My Commission s Aug. 5, 2 before me th's day Member, Penns of ~, 200. Y ociation to Nota ~ ( ( By: ~~~ I~q {~"I"A"I NOT SERVED On the ^_ day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant ther: Swom to and subscribed before me this ~__ day of _______, 200 - Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215)563-7000 ~~ ~. ..~ -; _>~ ~~ T U; i-r~ _ Gam' ~~ ~ ~.~ c , . ~ to - G ~~~~; ]~, - __ . ~~.,. _ _ ._ _ .. ~u~~ cvn~tia+ P' m=ua ~, ax u,n^~muaYS4KS •ra urrtbzSLl~i@. _ Mortgage Electronic Registration Systems, Inc. VS Raymond R. Mosel and Tara L. Mosel In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-3990 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Posting Handbills Law Library .50 Prothonotary 1.00 Share of Bills 25.66 Mileage Levy Advertising Certified Mail Poundage 1_74 Postpone Sale Law Journal Patriot News $ 88.90 paid by attorney Sworn and subscribed to before me So Answers: // This /~ ``day of~,~,,/,.~ ~a~~s'~srt~ ~~a'~.r.~e-~ ~ "~ / R. Thomas Kline, Sheriff 2001, A.D. l~n'6C,C~1 B d Prothonotary Real Es ate Deputy I~aa ~ 3y~~1 ~~ //9G 8` ,~~ F~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v. Plaintiff, RAYMOND R. MOSEL TARA L. MOSEL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.Ol-3990-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 803 ROSEMONT AVENUENEW CUMBERLAND, PA 17070 Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) RAYMOND R. MOSEL 803 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 TARA L. MOSEL 803 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) RABENAS 418 BRIDGE ST. WARDROBE SERVICE NEW CUMBERLAND, PA 17070 THEODORE RABENA 418 BRIDGE ST. NEW CUMBERLAND, PA 17070 e '4. 6. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which maybe affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 803 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 Domestic Relations of Cumberland 13 North Hanover Street County Carlisle, PA 17013 Commonwealth of Pennsylvania p0 Box 2675 Department of Welfare Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to Aueust 20, 2001 DATE ., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. CUMBERLAND COUNTY No.01-3990-CIVIL RAYMOND R. MOSEL TARA L. MOSEL Defendant(s). August 20, 2001 TO: RAYMOND R. MOSEL 803 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 TARA L. MOSEL 803 ROSEMONT AVENUE NEW CUMBERLAND, PA 17070 * *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 IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 803 ROSEMONT AVENUENEW CUMBERLAND, PA 17070is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the MARCH 6, 2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (2151563-7000. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ~~ ~ You may need an attorney to assert your rights. The sooner you contact one, the more chance ' you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (2151563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of New Cumberland in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEING known as Lot No. 3, Section D, Plan No. 5 of Rosemont, Plan Book 3, Page 64, being more fully bounded and described in accordance with a Plan of Survey by Gerrit J. Betz Associates, Inc., Engineers and Surveyors, dated February 2, 1979, and bearing drawing No. 79049, as follows, to wit: BEGINNING at a nail found on the Northwest side of Rosemont Avenue (50 feet wide right-of- way), at a corner of Lot No. 1 of the above mentioned Plan of Lots, said nail being measured 134.82 feet to the Northwest corner of Rosemont Avenue and Woodland Avenue (both extended); thence extending from said beginning nail and along the Northwest side of Rosemont Avenue, South 44 degrees 30 minutes West 60.00 feet to a nail found at a corner of Lot No. 4 of the above mentioned Plan of Lots; thence extending along same North 45 degrees 30 minutes West 100.00 feet to a hub found at a comer of Lot #12 of the above mentioned Plan of Lots; thence extending along same North 44 degrees 30 minutes East 29.23 feet to a comer of Lot No. 2 of the 00 minutes 52.81 feet to an iron pin at a corner of Lot No. 1, aforementioned, of the above mentioned Plan of Lots; thence extending along same South 45 degrees 30 minutes East 57.00 feet to the first mentioned nail and place of BEGINNING. BEING known and numbered as 803 Rosemont Avenue, New Cumberland, PA. TAX PARCEL #25-25-0006-450 ~ ~ TITLE TO SAID PREMISES IS VESTED IN Raymond R. Mosel and Taza L. IVlosel, Husband and Wife by Deed from Matthew E. Foltz and Eleanor D. Foltz, Husband and Wife, formerly known as Eleanor D. Potter dated 10/5/1990, recorded 10/10/1990, in Deed Book U 34, Page 1103. WRIT OF EXECUTION and(or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 01-3990 CIVIL ~ COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Mortgage Electronic Registration Systems, Inc. from Raymond R Mosel and Tara L. Mosel (1) You are directed to levy upon the property of the defendant(s) and to sell DEFENDANT(S) See Legal Description Attached. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If propertyofthedefendant(s)notlevieduponansubjecttoattachmentisfoundinthepossessionofanyoneother than a named garnishee, you are directedto notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $69,118.34 L.L. Interestfggran 8/14/01 to 12/5/Ol(ner Diem $11.15~ue Prothy_ Atty's Comfn 60.48 and Costs,/o ether Costs 00 Atty Paid $127.05 Plaintiff Paid Date: August 23, 2001 REQUESTING PARTY: /s/ Curtis R. Long Prothonotary, Civil Division ~/ Deputy Name Frank Federman Address: one Penn Center At Suburban Station Suite 1400 philadelnhia PA 19103 Attorney for: p1 a; n ; >_>_ Telephone: 215- 56 3-7000 Supreme Court ID No. ? 2 ,, .. READ. ESTA~~ SASE ~~~. '1 (}n ~~ %D, aDO / the sheriff levied upon the de~endani~ Interest in the real property situated in ~~ ~/~~~crl~ e~.- ~rDr~/~ Cumberland County, Pa., known end numbered as:~ r~~.~mU~-Q . ~~ ~ nd more ful~ °~Qd on Exhibit "A" filed with this writ and by this reference incnrnQrated herein. , [rate: f i0, aGl~/ gy, o ~. ~e a O ~~a ~~~ ~~ ~~ l~ ~~~ d3Pi~ii; .' 3ri~a ~3i~mN~ x„„ s.> 3:84~3~3