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HomeMy WebLinkAbout01-04953r P 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 (2151 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVII. DIVISION GREENPOINT MORTGAGE FUNDING, INC. 2300 BROOKSTONE CENTER PARKWAY COLUMBUS, GA 31904 TERM Plaintiff l v. No. of ^ ~!q S3 ~d u ~~ CUMBERLAND COUNTY THOMAS G. PAINTER CATHY D. PAINTER 555 LEXINGTON AVENUE MECHANICSBURG, PA 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 WII,L 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 appeazance 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 #:0100292(43 ;~, i 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 PROVH)E 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 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. Plaintiff is GREENPOINT MORTGAGE FUNDING, INC. 2300 BROOKSTONE CENTER PARKWAY COLUMBUS, GA 31904 2. The name(s) and last known address(es) of the Defendant(s) are: THOMAS G. PAINTER CATHY D. PAINTER 555 LEXINGTON AVENUE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 1/25/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1594, Page 476. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 4/ 12/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments afrer 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." The following amounts are due on the mortgage: Principal Balance $68,896.93 Interest 3,076.23 3/12/01 through 7/12/01 (Per Diem $25.01) Attorney's Fees 3,444.00 Cumulative Late Charges 131.38 1/25/00 to 7/12/01 Cost of Suit and Title Search 550.00 Subtotal $76,098.54 Escrow Credit 0.00 Deficit 0.00 Subtotal 0.00 TOTAL $76,098.54 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with 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 rem Judgment against the Defendant(s) in the sum of $76,098.54, together with interest from 7/12/01 at the rate of $25.01 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, ESQLIIlZE Attorney for Plaintiff ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM DATE: July ~6, Zoos FORECLOSURE TO: Thomas G. Painter 555 Lexington Avenue Mechanicsburg, PA 17055 Cathy D. Painter 555 Lexington Avenue Mechanicsburg, PA 17055 Thomas G. Painter PO Box 132 Mechanicsburg, PA 17055 Cathy D. Painter PO Box 132 Mechanicsburg, PA 17055 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY, This is an official notice that the mortgage on vour home is in default and the lender intends to foreclosure. Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) maybe able to help to save vour home. This Notice explains how the program works. To see if HEMAP can help~you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS FROM THE DATE OF THIS NOTICE. Take this Notice with you when you meet the Counseling Aeencv. The name, address and phone number of Consumer Credit Counselin¢ Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-186 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency maybe able to help explain it. You may also want to contact an attorney in your area. "The local bar association maybe able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUEDE AFECTA SU DERECHO 1 CONTINL'AR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION' OBTENGA UN.q TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLV%AMA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO D~(ENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LL.4b4AD0 "HOMEOWNERS EMERGENCY N10RTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU C.4S.A DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. EXHIBIT A STATEMENTS OF POLICY HOMEOWNER'S NAME(S): Thornas G. Painter and Cathy D. Painter PROPERTY ADDRESS: 555 Lexington Avenue -Mechanicsburg, PA 17055 LOAN ACCT. NO.: 0100292143 ORIGINAL LENDER: Greenpoint Mortgage Funding, Inc. CURRENT LENDER/SERVICER:Greenpoinr Mortgage HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGHiLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty three (33) days from the date of this Notice. During that time 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 (331 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 COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice the lender may NOT take action against you for thirty three(33I davs after the date of this meeting The names, addresses and telephone numbers of designated consumer credit counseling aeencies 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 I-Iomeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling aeencies 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 three (33) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PRONIP'I'LY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLO~~' THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE \IAY' PROCEED AGAINST YOUR H0111E IDIMEDIATELY AND POUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY' ACTION-Available funds for emergency mortgage assismnce are very limited. They will be disbursed by the .Agency under the eligibility criteria established by the Act. The Pemtsyh-ania Housing Finance :Agency has si.ety (60) days to make a decision after it receives your application. During that time, EXHIBIT A ,t~ no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If ou have filed bankru tc ou can still a 1 for Emer enc Mort a e Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 555 Lexington Avenue -Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: 4/12/01 thm 7/12/01 at $750.32 per month. Monthly Payments Plus Late Charges Accmed $3,171.18 NSF: $0.00 Inspections: $0.00 Other: $0.00 (Suspense): $0.00 Total amount to cure default $3,171.18 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not auolicable): N/A HOW TO CURE THE DEFAULT-You may cure the default within THIRTY THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,171.18, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY THREE (33) DAY PERIOD. As of the date of this letter, you owe the amount specified above. Because of interest, late charges, and other charges that may vary from day to day, the amount due on [he day that you pay may be greater. Hence, if you pay the amount shown above, an adjustment maybe necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information ,write the undersigned or call (215) 563-7000 and ask for the Reinstatement Department. Payments must be made either by cash, cashier's check, certified check or money order made nayable and sent to: FEDERMAN AND PHELAN, One Penn Center at Suburban Station, 1617 John F. Kennedy Boulevard, Suite 1400, Philadelphia, PA 19103- 1814, attention: Reinstatement Department. You can cure any other default by taking the following action within THIRTY THREE (33) 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 THREE(33) DAYS of the date of this Notice, [he lender intends to exercise its rights [o accelerate the mortgage debt. The means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY THREE (33) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure upon your mort~aee property. IF THE MORTGAGE lS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred. up [o $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's tees actually incurred by the lender even if they exceed $50.00. Any attorneys fees will be added to the amount [o the lender, which may also include other reasonable costs. if you cure the default ~cithin the T}IIRT]' THREE (33) DAY period you will not be required to pay attornev~s fees. EXHIBIT A OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY THREE (33) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anv time into one hour before the Sheriff s Sale. You may do so by payine the total amount then past due plus anv late or outer charees then due, reasonable mortea2e. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff s 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 will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Attorney Representing Lender: FEDERMAN AND PHELAN One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Ste.1400 Philadelphia, PA 19103-1814 (215)563-7000 Contact Person: Janette Mahoney, Reinstatement Dept. EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You may orX_may not (CHECK ONE) sell or transfer your home to 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. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE T[MES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • 1'O SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING .AGENCIES SERVING YOUR COUNTY' IS ATTACHED EXHIBIT A ,.. .n~..,. If this is the first notice that you have received from this office, be advised that: You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty three (33) days from the date of this letter, this firm will obtain and provide you with written verification thereof; otherwise the debt will be assumed to be valid. Likewise if requested within thirty three (33) days from the date of this letter, the firm will send you the name and address of the original creditor if different from above. Very truly yours, FEDERMAN AND PHELAN, LLP Cc: Greenpoint Mortgage Attn: Angela Mixon Account No.: 0100292143 Mailed by 1" Class mail and by certified Mail No: ~~.~ fas sip ngt.ia~l'be~ -~ ®_ - .p~i~~~;~~ ~°&~P~~~E~~ ~~ ® bD4,, 4575, 1294 4768 2927 certified A~ti~ie iV~ifilbe~ -~ -_ S~NDEFi~ ~~~~R~ Certified ~irtiei~ ~tasatbec ~- - _ - ~EN®~RS RiaC®R~ EXHIBIT A PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDfP COUNSELING AGENCIES (RE V. 8/00) r CLINTON COUNTY Lycoming-Climm~ Counties Commision for CCCS of NoNteastem PA Community Action (STEP) 1631 South Atherton St, Suite 100 2138 Linwln Street P.O. Box 1328 State College, PA 16801 WiOiamsporC PA 17703 (814) 238-3668 FAX (874) 238-3669 (570) 326-0587 FAX (570) 322-2197 CCCS ofNortheasiem PA 201 Basin Street Williamsport, PA (7703 (570) 323-6627 FAX (570) 323-6626 COLUMBIA COUNTY 31 W. Market Stmt 1400 Abington Executive Park POB 1127 Suite t WiOces-Bane, PA 18702 Clarks Summit, PA 18411 (570)821-0837 or (800)922-9537 (870)587-9163 or (800) 922-9537 FAX (570) 821-1785 FAX (570) 587-9134-9135 Commission on Economics Opportunity of Luume County 163 Amber Lane Wilkes-Barre, PA 18702 (570) 82b-0510 or (800) 822-0359 FAX (570) 829-1661-(Call Before Faxing) (570) 4554994 Haulmwn FAX (570) 455-5631--(Call Before Faxing) (570) 836-0090 Tunkhannock CRAWFORD COUNTY Bogker T. Washington Center Greater Erie Community Action Committee 1720 Holland Cemer 1 S West 9'" Svcet Erie, PA 16503 Erie, PA 16501 (S 14) 453-5744 FAX (814) 5749 (814) 4594581 FAX (SI4) 456-0161 John F. Kennedy Center, Inc. Shenango Valley Urban League, Inc. 2021 East 20i° Sveet 601 Indiana Avenue Erie, PA 165!0 Farrell, PA I6I21 (814) 898-0400 (412) 981-5310 FAX (814) 898-1243 CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. Financial Counseling Services of Franklin 2000 Linglatown Road 3l West 3i° SUeet - Harrisburg, PA 17102 Waynesboro, PA (7268 (717)541-1757 (717) 762-3285 Urban League of Mevopolitan Hamsburg YWCA of Carlisle N. 6° Sveet 301 "G" Svee[ Harrisburg, PA 17!01 Carlisle, PA 17013 (717) 234-5925 FAX (717) 234-9459 (717) 243-3818 FAX (717j 731-9589 Community Action Comm of the Capital Rcgion Adams County Housing Authority 1514 Derry SUeet 139-143 Carlisle SL Harrisburg, PA 17104 Gettysburg, PA 17325 (71>) 232-9757 FAX (717) 234-2227 (717) 334-1518 FAX 334-8326 PENNSYLVANW BULLETJN,VOL. 29,N0. 23, JUNE 5. 1999 EXHIBIT A .~ , ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern dedicated right-Of-way of Lexington Avenue, said point being on the dividing line between Loc Nos. 4-1 and 4-2 on the hereinafter mentioned Plan of Lots; thence along said dividing line North 33 degrees 29 minutes 00 seconds West two hundred ninety-nine and ten one-hundredths (299.10) feet to a point; thence North 52 degrees 36 minutes 30 seconds East eighty and nineteen one-hundredths 180.19) feet to a point, said point being on the dividing line between Lot No. 4-1 on the hereinafter mentioned Plan of Lots and ocher lands now or late of John M. Knaub and Janet D. xnaub, his wife; thence continuing along said dividing line South 33 degrees 29 minutes 00 seconds East ehree hundred sixty-six and fifty-six one- hundredthe (366.56) feet to a concrete monument on the northern dedicated right-of-way line of Lexington Avenue; thence along the northern dedicated right of way line of Lexington Avenue on curve to cne ie~t naving a faaius or sixty-two ana zero one-nunareatne (62.00) feet, an arc length of ninety-seven and thirty-nine one' hundredths (97.39) feet to a Concrete monument; thence continuing along .same Nozth 56 degrees 31 minutes 00 seconds East twenty and zero one-hundredths (20.00) feet to a point on the dividing line between Lot Nos. 4-1 and 9-2 on the hereinafter mentioned Plan of Lots, the place of BEGINNING. BEING Lot No. 4-1 on the Plan of Lots Preliminary-Final Plan of the Vineyards, said Plan being recorded in the Cumberland County Recorder of Deeds office in Plan Book 63, Page 35. HAVING ERECTED THEREON a dwelling house being known and numbered as 555 Lexington Avenue, Mechanicsburg, Pennsylvania. BEING the same property which Cindy Lee Arnold and William Jenkins Arnold, husband and wife, by their deed dated October 17, 1997 and recorded October 24, 1997 in the Office of Che Recorder of Deeds in and for Cumberland County in Deed Book 166, Page 619, granted and conveyed unto Cathy D. Miller, Grantor herein, the said Cathy D_ Miller having intermarried with Thomas G. Painter and now being known as Cathy D. Painter. PREMISES: 555 LEXINGTON AVENUE .~ _ . _ . y ~'ERIFICATIOV FRANK FEDERR~L~N. ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court andror the verification could not be obtained within the time allowed for the filing of the pleadin;, that he is authorized to make this verification. and that the statements made in the foreQoin_ Civit Action in ~[on~a;e Foreclosure are true and correct to the best of his knowled_e. information and belief. Furthermore, it is counsel's intention to substitute a veritican.on from Plaintiff as soon as it is received by counsel. The undersi_med understands that this statement is made subject to the penalties of 13 Pa. C.S. Sec. -t90-1 relan.ng to uns«orn falsitieation to authorities. D.~TE: ~ ~°2 ~~ PRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF :~ ~~ ~. ~ a .~ ~ ~ p,~ P ~ ~ ~/~ ~ ~ ~ ( ~' ,.~ L ~ ~ i 1;1~ '_.. _~~ r .:.; i j~ s~ FEDERMANAND 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 GREENPOINT MORTGAGE FUNDING, INC. vs. THOMAS G. PAINTER CATHY D. PAINTER Plaintiff Defendant(s) Attorney for Plaintiff Court of Common Pleas CUMBERLAND County No. 01-4953 PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PRETUDICE , 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. ~'J/- 0~ Date Frank Federman Attorney for Plaintiff C Q V ~ " ' ~ Z .-~ ~ 67 ~ S7~ Imo" G ~ ,_.? G ~~ ^r _~ `~- ~~ " ~ r5 ' C G° ~ r; a ~ ~ "a -C ",~ -C ~ .. - 6'R~Yfi.'c'v. `~ +s . ;'» . 3:. sx_:3 ,r"H'i''4~Li L>r 3 Y~rnsi' kHr£'~f~r 5~. SHERIFF'S RETURN - REGULAR (.~ Ra' CASE NO: 2001-04953 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREENPOINT MORTGAGE FUNDING IN VS PAINTER THOMAS G ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PAINTER THOMAS G the DEFENDANT at 1058:00 HOURS, on the 6th day of September, 2001 at 555 LEXINGTON AVE MECHANICSBURG, PA 17055 by handing to THOMAS PAINTER 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 7.15 Affidavit .00 Surcharge 10.00 .00 35.15 So Answers: ~~~ R. Thomas Kline 09/10/2001 FEDERMAN Sworn and Subscribed to before By: me this /3 ~' day of ~~a~ ~nnnc, 1 A. D . L~ ,~~ rothonotary .~.,a~ SHERIFF'S RETURN - REGULAR r.~ CASE NO: 2001-04953 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREENPOINT MORTGAGE FUNDING IN VS PAINTER THOMAS G ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE PAINTER CATHY D was served upon the DEFENDANT at 1058:00 HOURS, on the 6th day of September, 2001 at 555 LEXINGTON AVE MECHANICSBURG, PA 17055 by handing to THOMAS PAINTER, 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 Service Affidavit Surcharge So Answers: 6.00 ~~•, i/~ . 0 0 JC,/ .00 10.00 R. Thomas Kline nn ~~.~~ 09/10/2001 FEDERMAN Sworn and Subscribed to before By: me this /3 ~ day of r.~•/ ~PoJ A.D. ~~ ~ rothonotary ~~~n~~~,M~RS..