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HomeMy WebLinkAbout01-04717FEDERMAN 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 MELLON PROPERTIES COMPANY 6000 ATRIUM WAY, MS SV-O1 MT LAUREL, NJ 08054 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DIVISION TERM v. Plaintiff CUMBERLAND COUNTY WESLEY G. SCHOCK KAREN L. SCHOCK 3029 MAYFRED LANE CAMPHILL, PA. 17011 Defendant(s) CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIItM 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 REAFFIItMED, 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 wrifing 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 FOR`T'H 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 #:010788602 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), 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 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 REQUHtE US TO WAIT UNTIL THE END OF THE THHZTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVH)ES 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 TAE EXPIRATION OF THIRTY (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 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. 1. Plaintiff is MELLON PROPERTIES COMPANY 6000 ATRIUM WAY, MS SV-O1 MT LAUREL, NJ 08054 The name(s) and last known address(es) of the Defendant(s) are: WESLEY G. SCHOCK KAREN L. SCHOCK 3029 MAYFRED LANE CAMPHILL, PA. 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 4/28/94 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MELLON BANK, NA which mortgage is recorded in the Office of the Recorder of CiJMBERLAND County, in Mortgage Book No. 1212, Page 472. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 3/1/01 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." 6. The following amounts aze due on the mortgage: Principal Balance $65,514.34 Interest 2,897.44 2/1/01 through 8/1/01 (Per Diem $15.92) Attorney's Fees 3,275.00 Cumulative Late Charges 163.24 4/28/94 to 8/1/01 Cost of Suit and Title Search 550.00 Subtotal $72,400.02 Escrow Credit 641.96 Deficit 0.00 Subtotal 641.96 TOTAL $71,758.06 7. 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 reinstatedprior 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 regulaz and certified mail as required by 35 P.S. §1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffls written Notice to Defendants, a tme and correct copy of which is attached hereto as Exhibit "A"; or (ii J 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 $71,758.06, together with interest from 8/1/01 at the rate of $15.92 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. Isl Frank Federman FRANK FEDERMAN, ESQUIItE Attorney for Plaintiff ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM DATE: June 12, 2001 FORECLOSURE TO: b\esley G. Schock 3029 Mayfred Lane Camphill, PA 17011 Karen L. Schock 3029 Mayfred Lane Camphill, PA 17011 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 INFOR:MATIOA' OBTAINED FROM YOL` 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the morteaee 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 uaees. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save vour home. This Notice explains how the proeram works. To see if HEMAP can hel~vou must MEET WITH A CONSL`MER CREDIT COLTSELING .4GENC1' WITHIN 30 DAYS OF THE DATE OF THIS NOTTCE. Take this Notice with you when you meet the Counseline Aeencv. The name, address and phone number of Consumer Credit Counseline Agencies servine vour County are listed a[ the end of [his Notice. If you have any questions. you may call the Pennsyivama Housine Finance Aeencv toll free at 1-800-342-2397. (Persons with impaired hearine can call (717) 780-1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseiins Aeency may be able to help explain it. You may also want to contact an anomey in your area. The local bar association maybe able to help you find a lawyer. LA NOTIFICACION EN ADJLTTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SL DERECHO A CONTINL'AR VIVIENDO EN SL' CASH. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENG.4 LTA TRADUCCION INMEDITAMEN`TE LLAM.ANDO ESTA AGENCIA (PENNSYLV.ANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA IIN PRESTAMO POR EL PROGRA~SA LLAMADO "HOMEOWNNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PLEDE S.4LVAR SC C.4SA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTEC4. STATEMENTS OF POLlC}' HOMEOWNER'S NAME(S): Wesley G. Schock and Karen L. Schock PROPERTY ADDRESS: 3029 Mayfred Lane, Camphill, PA 17011 LOAN ACCT_ NO.; 0010788602 ORIGINAL LENDER: Cendant Mortgage Corporation CURRENT LENDERiSERVICER:Cgndant Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM }'OL' MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE }}'HIGH C.4N SAVE }'OL'R HO}IE FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELiG1BLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOL`SING FIN.gNCE .AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (3U) days Ii~om die da[z of this Nonce. llurmg [hat umz you must arrange and attend aface-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 }'OL 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 COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice the lender may NOT take action againstyou for thirty (301 davs after the date of this meetine. The names addresses and telephone numbers of desi n consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, Bien and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at [he end of this Notice. Only conswner credit cotmseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. }'OL MUST FILE YOUR APPLICATION PROD4PTLY'. IF YOU F.41L TO DO SO OR IF YOL DO NOT FOLLO}}' THE O"1'HER "FINE PERlOllS SE"f FOIi'fH IN THIS LE"I"fER. FORECLOSURE MAY PROCEED AGAINST YOUR HOME I,MMEDL4TELY AND }'OL'R APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGE.\"Cl' .ACTION-.4~ ailable funds for emer~lency mortgage assistance are very limited. They «ill be disbursed by the Agency under the eligibility criteria established by the Act. The Penmylvania Housing EXHIBIT A Finance Agency has sixty (60) days to make a decision after it receives your application. Dunne that time. no foreclosure proceedings will be pursued against you if you have met the time requtrenrents set Corth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE F1L1rvG OF A PE rrl7urv lrv BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. j (If you have filed bankru [c ou can still a Iv for Emer encv Mort a e Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date). NATURE OF THL- DEFAULT-The MORTGAGE deM held b~ the ahoce lender nn your pmpert~ h~.;urd at: 3029 Mayfred Lane, Camphill, PA 17011 1S SERIOUSLY 1N DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: StaNEnd: 4/1/01 thru 6/1/01 at $747.40 per month. Monthly Payments Plus Late Charges Accrued $2,381.10 NSF: $0.00 Inspections: $0.00 Other: $30.60 (Suspense): $249.14 Total amount to cure default $2,162.56 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH 1S $2,162.56, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either by cash cashier's check. certified check or money order made payable and sent to:Cendant Mortgage Corporation, 6000 Atrium Way, MT. Laurel, NJ 08054, Attention: Collections Department. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable.) N/A. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the ]ender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance ul flits deb[ will be wnsidered due utmtzdmtrl} and yuu utay lu>r the chance to pay the mortgage in monthly instaltntents. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the ]ender also intends to instruct its attorney to start legal action to foreclose upon your mort~aee oroperty. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pap ott [he mortgage deb[. ]f [he lender refers yow~ case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required [o pay the reasonable attorney ~s fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Am attorney's fees will be added to the amount you owe lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for [he unpaid principal balance and al] other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) D.4Y period and foreclosure proceedings have begun, you still have the right to G~H'~ I 1 cure the default and prevent the sale at anv time up to one hour before the Sheriffs Sale. 1'ou mas do so by paving the total amount then oast due plus anv late or other charges then due. reasonable attornec's fees and costs connected with the foreclosure sale and-anv other costs connected ~~ith the Sheriffs Sale ns specified m wnune by the lender and by pertbrnune anv other requirements under the mortsaee Curing vour default in the manner set forth in this notice will restore your mortgage to the same position a~ if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriff s Sale wil I be sent to you before the sale. Of course. the amount needed to cure the default will increase the longer you wait. You may find out at am' nine exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Cendant Mortgage Corporation 6000 Atrium Wav, MT. Laurel, NJ 08054 Tel: (800) 330-0423 Attention: Collections 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 propem after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any dine. ASSUMPTIO\ OF MORTGAGE-1"ou mayor X may not (CHECK ONE) sell or transfer your home ro a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOL' MA1' ALSO HAVE THE RIGHT • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO SORROW MONEY FROM A\OTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HA\%E THE MORTGAGE RESTORED TO THE SAME POSITION AS IF \O DEPAI LT I1:\D OCCURRED, IF YOU CURE 7HE DEFAULT. (HOWEVER, YOU NOT HAVE THIS RIGHT TO CURE POUR DEFAULT MORE THAN THREE TIMES IN .ANY CALF.\D.AR YEAR. ) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOL' BELIEVE YOL' MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LA\\'. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED Very truly yours, Cullectiuno Depunnteui Atm: Collections Department Accoum No.: 001078860? mailed b}' 1" Class mail /Certificate o1"Mailing and Certified Mail No: t°;~~~A~®~~I ~~~Q~~~ ~u~b~~ ~- - ~ BEN®~R~ FiE~OR~S ~sa~~~~~~~ ~~~'s~~~ ~~~'4~a~~ - ~ ~ - S~tV®ERS REC®RC3 ~~~~8~~ PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRA.Yt CONSUMER CREDIT COUNSELING AGENCIES (REV. S/00) CLINTON COUNTY Lycoming-Clinton Comua Cammision far CCCS ofNortheastcm PA Community Action (STEP) 1631 South Adterton St., Suite 100 2138 Lincoln Street P.O. Box 1328 Stare College, P.4 16801 Williamsport, PA !7703 - (814) 238-3668 FAX (814) 238-3669 (570) 326-0587 FAX (570) 322.2197 CCCS ofNortheaztezn PA 201 Bazin Street WilliamspoR PA 17703 (570) 323.6627 FAX (570) 323.6626 3I W. Market Svcct POB 1127 W ilka-Barre, PA ! 8702 (570) 821-0837 or (800) 922-9537 FAX (570) 821.1785 Commission an Economics Opportunity of Lttzeme County 163 Amber Lane Wilke-Barre, PA !8702 (570) 326-0510 or (800) 822-0359 - FAX (570) 829-1665-{Call Before Faxing) (570) 451.4994 Hazeltown FAJC (570) 455-5631-(Call Before Faxing) (570) 836090 Tunkhannock Booker T. Washington Center 1720 Holland Center Erie, PA 16503 (8li) 353-5743 FAX (814) 5749 .lohn F. Kennedy Center, Inc. 2021 Eazt 20° Street Erie, PA 16510 (814)398-0400 EAX (814) 898-1243 CCCS of Western Pennsylvania, Inc. 2000 Linglatown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Mewpolitan Harrisburg N. 6° Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of dte Capita Region Isla perry Sveet Harrisburg, PA 17104 (717) 232-9757 F.4X (717) 234-2227 CRAWFORD COUNTY 1400 Abington Execu[ivc Park Suitt I Clarks Summit, PA 1841 l (570)587-9163 or (800)922.9137 FAX (570) 587.9134-9135 Greater Erie Community Action Committee 18 West 9'" Sveet Erie, PA 16501 (814) 459-5581 FAX (814) 456-0161 Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (412)981.5310 Financial Counseling Services of Franklin 31 West 3i°Street Wavnaboro, PA !7268 (717) 7623285 YWCA of Carlisle 301 "G"Street Carlisle, PA 17013 (717) 243.3818 EAX (717) 731.9589 Adams County Housing Authority 139-143 Carlisle Sc Gettysburg, P.4 17325 (717)33a-1518 FAX 334.8326 PE`lNSYLVANiA BULLETPS, VOL. 29, NO.23, JUNE 5, 1999 ~~'~~~ All that cartaia tree! ur yurceL of lured and /,renrleea, xiruul o-, lpinU rued Lri nr! .u Mr BorougL of Camp 8111 in 7br~ ('unnfry q/ Cumberland a»d Cn nr>ns><a~ea![h of Pen nay(uauia, more pnrticsshv7y de•xeri bar( un Ju7lunw: SEGIBNING at a point on the southeast corner of South 31st Street and Mayfred Lane; thence canelnuing along Hayf xed Lane,North 83 degzeee 00 minutes Ease, a distance of 109.98 #eet to a point on the dividing line between Lote Nos. 7 and 8 on the hereinaf=cr mentioned Plan of LoCp; Chance along said dividing line, South 07 degrees 00 minutes Eaat, a distance of !00 face eo a poinC on the dividing line between Lots Nos. 8 and 9; thence along said line, South 83 degzeee 00 mina Gas West, a distance of 109.96 f set to a point on the eastern line of South 31st Street; thence along ehe eastern line of South 31st Street, North 07 degzeee 00 minutes 30 seconds west, a distance of 100 feet to a point, cha Place of BEGINNING. SAVING thereon erected a one story brick and ECama dwelling known and numbered n.+ 3029 Mayfred Lane, Camp Hill. Pennsylvania. BEING Lot No.B on ehe Plan of Lots of Section "A" of Parkway Terrace. BEING T91' SAME premises which Frances H. Rumb erger, by deed dated February 10, 1989 and recorded February 14.1989 in the Office of the Recorder of Deeds in Cumberland County in Book 33-U Page 728 , granted and conveyed unto Michael C. Heagy and Karen L• Heagy, Husband and Wife. The Grantors Hezain. VERIFICATION MARK HIINKLE hereby states that he is V.P. of CENDANT MORTGAGE SERVICES mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: ~~Dl®L ~ ~Q~ ~~ d~~ ~~ ~ ~ ~i ~' ~ ~ . ~7 ~~ A ,~~ ~' tt, -' ~, , c':7 ~~ ,..,_ pt-= ca ice. s -'+ .. _ r:, -C fv r~ _ _ _ _ _ ._,~wm?+an~s'.a~~€~.^nr.' .z.r~-~, K-e-= .ex, na-.,~ i,aa>v_a ~°aa SHERIFF'S RETURN - REGULAR CASE NO: 2001-04717 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MELLON PROPERTIES CO VS SCHOCK WESLEY G ET KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE WESLEY G DEFENDANT was served upon the at 1505:00 HOUR5, on the 16th day of August , 2001 at 3029 MAYFRED LANE CAMP HILL, PA 17011 KAREN SCHOCK by handing to 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 18.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 37.75 Sworn and Subscribed to before menthis jp¢ day of U~rw acus- ,9_va l A . D . ProthonotaryyT- So Answers: R. Thomas Kline 08/17/2001 FEDERMAN & PHELAN By: put She f m,~ CASE NO: 2001-04717 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MELLON PROPERTIES CO VS SCHOCK WESLEY G ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE KAREN L DEFENDANT was served upon the at 1505:00 HOURS, on the 16th day of August 2001 at 3029 MAYFRED LANE CAMP HILL, PA 17011 KAREN SCHOCK by handing to 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 30 ~ day of ~2va / A . D . /f~ rothonotary So Answers: ~s~.~~ R. Thomas Kline 08/17/2001 FEDERMAN & PHELAN By: epu e f ;...may .... _ FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Stallon Suite 1400 Philadelphia, PA 19103-1814 (2151 563-7000 MELLON PROPERTIES COMPANY 6000 ATRIUM WASY, MS 5V-Ol MT LAUREL, NJ 08054 Plaintiff vs. WESLEY G. SCHOCK KAREN L. SCHOCK 3029 MAYFRED LANE CAMPHILL, PA 17011 Defendant(s) Attorney for Plaintiff :CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION FIO. 01-4717 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 WESLEY G. SCHOCK and KAREN L. SCHOCK, 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 $71,758.06 Interest 8/1/01 TO 9/20/01 811.92 TOTAL $72,569.98 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 DAMAGE`/S~~AR1E HEREBY ASSESSED AS INDICATED~I DATE: ~ X177'- / I . aGO / TTT~"~~~ PRO PRO **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WII.L BE USED FOR THAT PURPOSE. H' YOU HAVE PREVIOOSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFH2MED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLEGE A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 MELLON PROPERTIES COMPANY Plaintiff vs. WESLEY G. SCHOCK KAREN L. SCHOCK Defendant(s) TO: WESLEY G. SCHOCK 3029 MAYFRED LANE CAMPHILL,PA 17011 DATE OF NOTICE: SEPTEMBER 6.2001 ~- ~ ~ ~ ~ E~'s~ :tea 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 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-4717 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN rr^rank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 MELLON PROPERTIES COMPANY Plaintiff vs. WESLEY G. SCHOCK KAREN L. SCHOCK Defendant T0: KAREN L. SCHOCK 3029 MAYFRED LANE CAMPHILL,PA 17011 DATE OF NOTICE: SEPTEMBER 6,2001 .<,~r99 ~ '"' 1 e.- G ~ ~~ 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 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO.O1-4717 y- ~. SHERIFF'S RETURN - REGULAR CASE NO: 2001-04717 P - COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MELLON PROPERTIES CO VS - SCHOCK WESLEY G ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SCHOCK WESLEY G the DEFENDANT at 1505:00 HOURS, on the 16th day of August __, 2001 at 3029 MAYFRED LANE CAMP HILL, PA 17011 by handing to KAREN SCHOCK 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: So Answers: Docketing 18.00 '~ Service 9.75 Affidavit .00 Surcharge 10.00 R. Thomas Kline ~~ - 37.75 08/17/2001 FEDERMAN & PHELAN Sworn and Subscribed to before By: menthis ,3o a' day of ~ put She 'l f (~iw~,c~ ,.~ .~.vn l A. D . ~~ ~~huQe~ `~~ Prothonotary' SHERIFF' S RETUt'2~ti - REGULAR CASE N0: 2001-047'_7 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MELLON PROPERTIES CO VS SCHOCK WESLEY G ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland Count y, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SCHOCK KAREN L the DEFENDANT at 1505:00 HOURS, on the 16th day of August 2001 at 3029 MAYFRED LANE CAMP HILL, PA 17011 KAREN SCHOCK by handing to 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 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: a. ~. R. Thomas Kline 08/17/2001 FEDERMAN & PHELAN ~r.~ -'eputy e~3jff ~ ~,, /!/ Prothonotary FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 X151563-7000 MELLON PROPERTIES COMPANY Plaintiff vs. WESLEY G. SCHOCK KAREN L. SCHOCK Defendant(s) Attorney for Plaintiff CUMBERLAND COUNTY Court of Common Pleas CIVIL DIVISION NO. 01-4717 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has lrnowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended (b) that defendant WESLEY G. SCHOCK is over 18 years of age and resides at 3029 MAYFRED LANE , CAMPHILL, PA 17011. (c) that defendant KAREN L. SCHOCK is over 18 years of age, and resides at 3029 MAYFRED LANE , CAMPHILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN Attorney for Plaintiff ~., (Rule of Civil Procedure No. 236 -Revised) MELLON PROPERTIES COMPANY Plaintiff vs. WESLEY G. SCHOCK KAREN L. SCHOCK CUMBERLAND COUNTY Court of Common Pleas CIVIL DIVISION NO. 01-4717 Defendant(s) Notice is givell that a Judgment in the above captioned matter has been entered against you on SEPTEMBER ~ 1 , 2001. ~ By ~i~„ n _ /~n.~r . DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215)563-7000 **TffiS FII2M IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WII.L BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DLSCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFHiMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ,r ~~~~ ~~, ~ ~ z.~~ -~ r ~ t i ~ 'v~ r r- ~' ~. ~ p r R~ ~y ~ r , -i (((~~~~ ~ ~ . ~~ iry _~7 ..`