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HomeMy WebLinkAbout01-05827 . _J, LJl 'i''''"_'~~',. , ". FEDERMAN AND PHELAN,LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO, 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MORTGAGE COMPANY-WEST FfK/ A MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 COURT OF COMMON PLEAS CIVIL DIVISION ATTORNEY FOR PLAINTIFF phrase Plaintiff NO, Cll- "S'2?1 v, CUMBERLAND COUNTY LAWRENCE W, SMERLING LAUREN A. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, P A. 17011 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." You have been sued in Court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff, You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Loan #: 5801952086 C".'l - .1 ~ - 'T ~ !i ,D <1'.. "",., ~ ~, ", ' IF TillS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TillS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF 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 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 AFfER 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. .. ~ ~I . " ~~ - '" 1. Plaintiff is CHASE MORTGAGE COMPANY-WEST F!K!A MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 2, The name(s) and last known address(es) of the Defendant(s) are: LAWRENCE W. SMERLING LAUREN A. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, P A. 17011 who is/are the mortgagor(s) and real owner(s) ofthe property hereinafter described. 3, On 8/21/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FIRST UNITED MORTGAGE SERVICES, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1401, Page 172. By Assignment of Mortgage recorded 8/25/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 555, Page 505, 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 3/1/00 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 n A. n I. L,""""''- . ._"_'r' ,~~ I~ ;:.cJi'~"~~""t ,-" "t'k"""',v ",", . "" ,~=^,~",. - ~" 6, The following amounts are due on the mortgage: Principal Balance Interest 2/1100 through 10/1101 (per Diem $30,88) Attorney's Fees Cumulative Late Charges 8/21197 to 10/110 I Cost of Suit and Title Search Subtotal $150,265.34 18,775.04 4,000,00 1,122,69 750,00 $174,913,07 Escrow Credit Deficit Subtotal 0,00 3.328.72 $3.328.72 TOTAL $178,241.79 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, ~ I 680.403c 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 $178,241.79, together with interest from 10/1101 at the rate of$30.88 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, ~i-~ /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ,"" '''V~~,''''~' ~" !: ~~ ~~!~5/:0~~ ~~:5S 1. 7]. 75C.8~S 78 o:=:ccs PAI'3E 03 Loan #5801952086 ~... CHASE ..., Chase Manhattan Mortgage Corporation 3415 Vision Dnve Columbus. OH 43219-6009 1-800-848-8380 Collections 1-800-582-0542 TDD/Text Telephone LAWRENCE W SMERLING 519 SPRING HOUSE RD C_~IP HILL PA 17011-1455 Noverober S, 2000 Cer1:ified Mail Return Receip1: Requested RE: Loan #5801952086 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your ho~e is in dEf~ult, and the lender intends to foreclose. Specific inform3tion about the nat~rg of the default is provided in the enclosed pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able tc help .ave your home. This Notic@ explains how che program works. To see if HEMAP can help. you, must: MEETI.1ITH I\. CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. T~ke this Notic" wit~ you whEn you meet w~th the Counseling ^gancy. The name, address and phone number of Consumer Credit Counsaling Agencies se~ving you~ County are listed at the end of this No~ice. If you hav~ any quastions, you may c~ll the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing ~an cal~ (717) 760-1869,) This Notice contains important legal information. If you ndve any q1..le:st:i-:::n:l:';. rep:-esento.ti\leS at. the Consumer Credit Counseling Agency may be ablG 'LO he.l~ eXflair. it. You may also want LO contact an 3ttorn~y in your dre~. The lCCd~ ba~ a~sociation ~ay be ablE to help you find a la~Jar. EXHl8\T A 12"05/00 Tl'E U:.,J [n:"RX ~'O 6328] 141003 '&~,,~ ~,~,' " -,<",^.' "'-" . ~ ~ -,," ' ~r 1 ',:-! Loan 115801952086 LAUREN A. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, PA 17011-1455 August 23, 2000 Certified Mail Return Receipt Requested RE: Loan #5801952086 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the enclosed pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling 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) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. Et"\B\1 " ,n~ ^='. " ,,'~ " ," ,,- ,~" !I T~ c,~ 12/85j0~00 l~:S~ : 7:1. 75C.~'::S 7~J cccs PAGE 8C LAWRENCE W SMERLING November 8, 2000 P.3.ge 2 LA NOTIFICACION EN ADJUNTO ES DE SUI1A IMPORTANCIA, PUES AFECTA SU DERECHO A CONnNUAR VIVIENDO EN SU CASA. SI NO COI1PRENDE EL CONTENIDO DE ESTA NOTIFICACION OETENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTANO POR EL PROGRAMA LLAMADO "HO~JEO~ER' S EMERGENCY MORTGAGE ASSISTANCE PROGRAl1" EL CUAL PUEDE SALVAR SU CAS A DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): LAWRENCE W SMERLING, LAUREN A SMERLING PROPERTY ADDRESS: 519 SPRING HOUSE RD, CAMP HILL PA 17011-1u55 LOAN NUMBER: 5801952086 Currer.t Lender/Service: Chase Manhattan Mortgage Corpo~ation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGl<AM you _~~Y BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP yOU MAKE FUTURE MORTGAGE PAY~JENTS. IF yoU COMPLY WITH THE PROVISIONS OF THE HOMEoWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU M.A.'! 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 enLitled Co a cemporary stay of foreclosur~ on your mortgage for thirty (30) days from the date oE this Notice. During chat time you must arrang@ and attend a llface-tc-facell meeting with one of the ~onsumer credit ~ounseling agencies listed at the e~d of this Notice. THIS MEETING MUST OCCUR w:tTHIN THE NEXT 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING yOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "lioW TO CURE YOUR MORTGAGE DEFAULT," EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. EX'H\B\" A 12,05,00 TrE 1.1:43 [n:CR.\::;o 6.128] [4J004 :"A~_,,,,,,~,, ,;<4, ,,~,,"""~"" "","C,", ""~",, '" "1 ", ~ ',~ "~,. . ""l"f;,~"",, - 12/85/2808 14:56 171 7540467') cccs PAGE 'J5 o CHASE C..rtified Mail LA\JRENCE '. StiEP,LING November 8, 2000 Page 3 CONSUMER CREDIT COUNSELING AGENCIES - If you meet ~ith one of the consumer credit coun.eling agencies listed at the end of this Notice, the lende= may NOT cake action agaj,nsc you for thirty (30) days after the date of this meeting, :Ita nam12S, add:ce:,;sQs and t.ele-phone numberfS of de.si~nated consumer cre.dit c.ounse.ling agenc.ies far the county in which t.he property i.3 loc.at.ed are set forth at the end of this Notice. It is only necessary to "cl1"c.ule one f3C~- ~:t-ac~ meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your 'morigage is in default for the ;eason~ set forth later in this Notice (see following pages for specific information about: the nature of your defa.u.lt). If you have t.ried and are unable to ~~golvQ this problem with the lender, you have t~e right ~o apply for fin,;;ncial assistanc.e from 'the Homeowner' $' Eme.rgancy Mortg.sg-=. A.ssistance Program, To do so, you mU,S,t fill out, sign and file. a completed Homeowner'.:; Emergency Assistance Program A~plication ~ith one of the designated conSumey credit c.ounseling agencie's liste.d at the end of .this Not.ice. Only consumer credit counsE;!ling agencie6 hs,ve applications for t:he: progr""ffi and they will assist you in submitting a complete applicacion to the Pennsylvania Housing Fin3nce Agency. Your applicati.on HUST be filed or postmarked within thirty (30) days of your f3ce-to-face meeting, YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTIi IN Tats LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE QILL BE DENIED. AGENCY ACTION - Avai13ble f~nds for emergency mortgage 3S8istance a~e ve~y limited. They will be disbursed by the Agency under the eligibility criteria established by the Act, The Pennsylv3nia Housing Finance Agency has sixty (60) days to ~ake a de~ision after it r@ceives your application. During that time, nn fnreclcsut"e- proceeding's: will be pursue&o' against you if you have met the timE:! requirements set forth above. You will be notified d~ractly by the Pennsylvania Housing FinanQe Agency of its decision on your applica~ion. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BAllKRUPTCY, THE FOLLOWlllG PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you haue filed bankruptcY' you c.an still apply fo.r Emergency Mor-r:gaga Assistance.) ,exH'B\T A 12"05/00 TrE 14:4.1 [n/RX:'I'O 6328] 19]005 ',""",,,,",,.-,.,,.,,, -'" .~, '-' .~ Ie "',' -,,,, II ,- :"j\l"(t~ltn 111'."','" '_"",C~~I..~""J',~'" .<"- 12/05/2088 14:56 1717548457(1 f)-=.C"3 f='Af3E 8S , LAviRENCE H SMERLING. November 8, 2000 Page 4 HOW TO CURE YOUR MORTGAGE DEFAULT (Brinl!: it: up t:o date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lende~ on your property located at: 519 SPRING HOUSE RD, CAMP HILL FA 17011-1455 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the follotling months and the following amount.;! are now past due.: Scarting March 2000 through Nov=mber 2000 a~ $1,264.27 per month. Total Monthly Payments Past Due Lat2 Charges Other ~~ $11,590.20 $565.48 $242.00 TOTAL AMOUNT DUE TO CURE DEFAULT: $12,397.68 HOW TO CURE THE DEFAULT - You may cure the default ~ithin THIRTY (30) DAYS of the date of "hi. Notice BY PAYING THE TOTAL AMOUliT PAST DUE TO THE LENDER, WHICH IS $12,397.68, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payme~3 must be made either bv cash, cashier's check~ certified check or money order made pavable and sent to Cha~e Manhattan Mortgage Corporation. IF YOU DO NOT CURE THE DEFAULT - If you do not ~ura the dafault within THIRTY (30) DAYS of the date of this Notice, the lender intends to exeroise its ril!:hts ~o accelerate th~ ~or~~aRe debt. This means that the entire outstanding balance of this debt will b~ considered due im~QdiaLQly and you may lose the chanc~ ta pay the mortgage in monthly installments. If full pay~ent o! tna total amOunt past due is not rnad~ within THIRTY (3D) DAYS~ the l~nd~r alao intends to instruct its aLtorn~ys co start legal action to foreclose upon your morteaaed property. ExtUB\T A 12"05..00 TrE j.l:,\,j [TX,R\:;O 6328] [4]006 ,,<,:, ~,"~~ - '._0", _~ ,', _" '"',,.,, _" . < - '+--. -,r,.- -f' n '.~, , 'i'.......'~" " 'r " T"'jf. "'--U!il( '", 12/05/2808 14:5S 1~:75.1t3'::'S7lJ co-=::s PAGE "'~ - , o CHASE Certified Mail LA\~,ENCE W SMERLING Nov~mb9.-r 3, 2000 Page 5 IF THE MORTG~GE IS FORECLOSED UPON ~ Th~ mortgaged prop~rcy will be sold by ch~ Sheriti to pay off th~ mortgage debt. If the lender refers your case to ita attorneys. but you cure the delinquency before the lender begins legal ~raceed1ngs aga~nst YO~t you will still be required to pay the reasonabla attorney's fees that ~vere a.ctually incurred, up to S50. 00. Ho'\:vever, if the legal p't"ocsedings are sta-rted against you, you will have:. 'Co pay all rea,sonable sctorney1s fees actually incurred by the, lender eVen if they exceed S50.00. Any attorney's fees will be added to the amount you o~e the lender, which may "Ie" include other reasonable 'costs. , If you cure the default within the THIRTY (30) DAY period, you ~ill not be required ~o pay attor~ev's feBs. OTHER LENDER REMEDIES ~ The lender may also sue yo~ personally tor the unpa~d p-rinc:Lpal balance and all other sums due under the mor::gage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If yo~ have not cured the defaul~ within the THIRTY (30) DAY period and Eor~c.losure proceeding" """" begun, yOU still have the right to cure the defsu~t and prevent the sal= at_~ny rima up to one hour before the Sheriff's Sale. You mav do so bv P3yin~ th= total am01.,;,nt then 'Dast due, plus a.ny late or ot:.her c.harges then duet r-=asonab2.~ ~ttarnev's fees and coats connacted with, the foreclosure sale and any other costs connected with the Sheriff~a Sale as specified in writin~ by the lender and .E~.peL'forming any o,ther 't',equirements under the mort.e:age. Curing your deiault in the manner set forth in chis Notice will reStore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHKRIFF'S SALE DATE - It is estimat~d that the earli~"t date that such a Sheriff's Sala of the mortgagad property could be held would be approximately six (6) months from the d~te of this Notice. A notice of the ac~ual date of the Sheriff's Sale will be sent to you before the sal~. Of caursa, the amount needed to c~re the default will increase the longer you wa:.t. You may :find out: '8.'"1:- an.y' titl'l:e _exi.a.c.tly,_ wh.s:t t.he required payrnent or act:ion. will be by con~acting the lender. HOW TO CONTACT THE: LENDER: Name of Lender~ Chase Manhattan Mo~tgage Corpc~3ticn ~E~ress: 3415 Vision Driva Columbuo, Off 43219-6009 P~9ne Number: (800) 848-9380 Fax Number: (6L4) 422-5381 Concacc P@rson: Scott Cast~el EXH1B\T A 12.0:;00 TrE U:.,] [H,Ri: \0 6J2S] ~OOi "'f1i1', ',.>,' ,'0.";'; .-,a-,""",.",~"t!,~, ,<C',,'" ~ ,~ '1, ~,~, ,~ ,-' . ~,' . . ,^-. lr'--""'-'~~r " n)~ I ':~, .- i -~ 1"'05/2000 1~:56 171754~J4S78 ccc:s P;:.:.GE 82. LAWRENCE W SMERLING November 8, 2000 Page 6 EFFECT OF SHERIFF' S SALE - You should re31ize th3t 3 Sherif f' 8 S31e 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 eould be started by the lender at any time. iJ ASSUMPTION OF MORTGAGE - You might be eligible to sell or transfer your heme to a buyer or transferee who will assume the mortgage debt, provided that all the ou~standing payments, charges and attorney's fee~ and costs are paid p=ior to Or at the Gale and thaL ~he o~her requirements of the mortgage are satisfi~d_ To determine eligibilicy yeu must con~acC o~r off~ce to ver~fy the aS9umabilicy of your property. "I YOU MAL~SO ~VE: 'mE RlGlIT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDINC INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEH'l.LF, . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (Hm,EVER. YOU DO NOT HAVE THIS RIGlIT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDEF~L BANKRUPTCY LAW. Chase Manhattan Morcgage Corporation is attempcing to Qolleet a debt and any information obtained will be used for that purpose. Sinc.eraly, GOVERNllliNT NATIONAL MORTGAGE ASSOCIATION by kfr~ Scott Ca,:;ter:;:l Loa.n. Coun$~lo't' chase Manhattan Mortgage Corporation Enc.losur~ j C-173/19520S6A.NOS/Y2MCD/BREACH , , EXH'B'T A 12,05,00 TrE 11:.\,J [T:I:'RJ: \0 6,J28J 14100,1 .;r;!l.,, . -,' d-',"c~,"<', . H - < "-." ,f .,T,,,",,,,, ~ _" .' PENNSYLVANIA HOlJSING FINAi"lCE AGE:'iCY HOMEOWNER'S EMERGENCY ASSISTAi"lCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV, 8/00) CLINTON COUNTY Lycoming-Clinton Counties Commision for Community Action (STEP) 2138 Lincoln Street P.O. Box 132& Williamsport, PA 17703 (570) 326.05&7 FAX (570) 322.2197 CCCS of Northeastern PA 201 Basin Street Williamsport, PA 17703 (570) 323-6627 FAX (570) 323.6626 31 W, Market Street POB 1127 Wilkes.Barre. PA 1&702 (570) &21.0837 or (800) 922.9537 FAX (570) 821.1785 Commission on Economics Opportunity ofLuzerne County 163 Amber Lane Wilkes.Barre, PA 18702 (570) 826-0510 or (800) &22.0359 FAX (570) 829. I 665-{CaJl Before Faxing) (570) 455-4994 Hazeltown FAX (570) 455.5631-{CaJl Before Faxing) (570) &364090 Tunkhannock Booker T. Washington Center 1720 Holland Center Erie, P A 16503 (814) 453.5744 FAX (&14) 5749 John F. Kennedy Center, Inc. 202l East 20m Streer Em:, PA 16510 (814) 398-0400 FAX (&14) &98.12-13 eees of West em Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, P A 17102 (717) 541.1757 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234.5925 FAX (717) 234.9459 Community Action Camm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232.9757 FAX (717) 234-2227 COLUMBIA COW",y CRAWFORD COl:NTY CUMBERLAND COL:NTY CCCS ofNonheastern PA 1631 South Atherton St.. Suite 100 StateColle:ge, PA 16801 (&1-1) 233-3668 FA;q&(4) 238.3669 1400 Abington Executive Park Suite 1 Clarles Summj~ PA 18411 (570) 537.9163 or (800) 922.9537 FAX (570) 587-9134.9135 Greater Erie Communitv Action Committee 18 West gLh Street . Erie, PA 16501 (814)-\59-4581 FAX (814)-\56.0161 Shenango Valley Urban League, mc. 601 Indiana Avenue Farrell, PA 16121 (412) 981-5310 Financial Counseling Services of Franklin 31 West 3/d Street Waynesboro, P A 17268 (717) 762.3285 YWCA of Carlisle 301 "G" Street Carlisle, PA 17013 . (717)243-3818 FAX(7I7)'731.9539 Adams County Housing Authority 139-143 Carlisle S1. Gettysburg. P A 17325 (717) 334-1518 FAX 334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO, 23. Jlo'NE 5.1999 ~"=o . ,.., ;~. '- l' ex""BlT A " ,~ ~,' ,~ ,~".~'" 'TnT, ; "'rJ,:,),,"'7 ,<_. _ '. ~ ""',,"',_'0 ALL THAT CERTAIN tract or Parcel of land alld premises, situc..te, lying and being in the Township of H:ampden in the County of Cumberland and Commonweallh of Pennsy!vcmier, mora particularlv described asfolloH's: BEGiNNING al a poilU on Ihe \;IeSlern side of Spring House Road, at {hI! divIsion line belween LoIS Nos. 9 and 10 on the above men/loned Plan of Lots. which point h; 894.99 feet norlh of Ihe nonllt.'rn side of Lan/ern Drive: thence along said division line, soulh 78 degrees 50 minu(t!s wc:,!:.-I, 12Sfl!et to an Iroll pin at 'he division line between Lots Nos.10 and 31 on said Piau; rhence along said division /llle, J J degrees 10 minutes wesl, 9SfeBt to an iron pin al {he division/ine be!ll.aq" LUIS Nos. JO Ul1U J.l ON said Plan; thence along said last menrioncd line. north 78 degrees SO minutes east, 125 feet /0 a staks on the western side of Spring l-Iouse Road; thence a/nllg said fast menl/olled lilla. sOll1h 11 d#4grees )(1 minutes <!ast. 95 fC!r;!{ tv an iron pipe, the p/c(ce of Beginning, BEING rail afLot No. 10 Block "0", Plan 13. Pinebrook. which Plan is recorded in Cumberland eOl/my Plall Book 22, Page 198. HA V'lNG theron erected a d\veJJiJ1g house known as 519 Spring Hou<;e Road. UNDER. AND SUBJECT. nevertheless, to restrictions, easementS. and cDl1dtions of prior record pertaining to said f'I'emis4!':', BEING the ~'Qrne premises 'H'IJich C. David Correll ancl Vicki P. Carrell by deed dated July 22. 1983 Gnd r~cord~d ill Ihl: Rf:cordcr ofDe(!(:kt Office in andfor Cumber/and County in Book l-/- 30, page 454 ,granted and convayed :m'o Gene w:. Rush and Carole R. Rush, the Gn:mlors H~rt1ill. "'1""'0," 0 -; ^ ~ -f '0-' -<<I" -. II 'I "-~ ~""'~",~ ':,",' 'r:r.i- -" j " VERIFICA nON FR.\~K FEDER.\L\~. ESQURE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allo\'.;ed for the filing of the pleading, that he is authorized to make this verification, and that the statements made in the foregoing Civil Action in :'vlortgage Foreclosure are true and correct to the best of his knowledge. information and belief. Furthermore. it is counsel's intention to substitute a veriiication from Plaintiff as soon as it is received by counseL The undersigned understands that this statement is made subject to the penalties of IS Pa, CS, Sec, ~90-+ relating to unsworn falsiiication to authorities, :f~~ FRANK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF D..UE: /IJI~/(J( "~WL.,-,,~,,~,' __~,,, "''----"--<~,".,...,,,",f ~ '--," p r ~ "' "" 'h " - I! ~"" i ...," "-en.-,- '~"..""", ~"'~ Ii l~ inWnJl1i - 'Tfffii'"""'. ':, till~\'&. ,. , ~ ~ ~ c) c} C) ~ ~~ . i. ~ ;:S:::- i+>~ ';:::) d ~J\ ':J C> ._j , "- ..c'u_ l1) 0 <1\ ci , ""' () c;;) ~ ~ --0 0 ,Sl.. l~ Q f--- :~~- ----:-:i -c ~ - ~_"'c. +::> L,'- <> )..:;; ~-- . , -.F :;:::, ..."" . . ~ ,e:- " -< 0' _D -~ ;J\ ~ .., ~ "' .) ,~ ~~ " ,""~ ~, ~,~\~;~..w~ ' ,~~~!ll'J~JWlllf!~I"!i'('}'1i~l!lW~\5[~~~t",,,,q~j~""",'"''-'j);-''f'!';',-; '''''~'V'''-'':>'''~''~,:,-,t":,,,"(~q'''''.->:<i~'''lF~!1-f''''''i<';''',';I"""),":";~'-''i''''!''i'~~''~':'~'YW;''''%'ffi~m;', FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 1400 One Penn Center Philadelphia, PA 19103 (215) 563-7000 Attorney for Plaintiff CHASE MORTGAGE COMPANY-WEST PLAINTIFF COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY No. 01-5827 LAWRENCE W.SMERLING LAUREN A. SMERLING DEFENDANT PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification with respect to the Complaint filed in the instant matter. ~ DiD~~&!l~ F K FEDE , , gSQUIRE Attorney for Plaintiff Date: October 18, 2001 ,--" ''''',."^.-~,," '_'J1,,_ ~ ,~ ,',e I '-' " ,~ VERIFICATION RYAN L. REITMAJER hereby states that she is ASSISTANT SECRETARY of CHASE MANHA IT AN MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action lite true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa, C.S, Sec, 4904 relating to unsworn falsification to authorities, G-.r- R 0- U)o~ , DATE: /01 {glnf RYAN I.. REITMAJER. 8ft. ASSISTANT SECRETARY '<1("1;:. ", ,,'''''?"'-''l'''',.~~,., ,_ . ',", ",., <" {," "',I "~, J, - , ~~,11', J,,'" '1'-" ' ~~.~ !! 1-- m v ,,' "'"'_-~ v~.,,,,~., ,"",,,~.,,. "~-'" "l<<'~it'''<''~~ur'~''',-".'~'"~'''.'.Y- "'-'."ft'-I~i'r"~':"j~"jj'iJ"lJ~&.\"~:Jk:r$~,~t,~"ct; (') c.') ,-.. C <...->' ;;;:: -'1 -ob-, a ----.! 111 .... r:> Z[D --< ; ~ ~ )j T -:?'f-. N r" ~=~~: w ,:-3~j <-"'G '.,J,-.... ~Q ~::.. ~~ =T~ .. ;~5~ 5>0 i;? c :z: );i :< co :'::"''1 -< ,{ ~ , "cO' ~ lJ1!J ~~ ,n" "" A '7" j".,J- .r'II~~""""!#~.M'Jl~~~~~!lF"''''~<.'l''""''''''l'''''~1;'';:''''''''P",+"",,,41''';:", "'''''I,~F'7~1'"~'0~~''''',J~;;t'~1~'S1I''ffl.:;\.!<t:'''"''''';''',!;;ifr'~'b,,1:'f'!,~~~~;' "1 r-[j lr',--T~f[lU SHERIFF'S RETURN - REGULAR ^ " CASE. NO: 2001-05827 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY-WEST VS SMERLING LAWRENCE W ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SMERLING LAUREN A the DEFENDANT , at 1933:00 HOURS, on the 10th day of October ,2001 at 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 by handing to LAUREN SMERLING a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 r~-v-c~ R. Thomas Kline Sworn and Subscribed to before 10/11/2001 FEDERMAN & PHELAN By: JJ~ $~ ' Deputy Sheri~ fC me this /f- day of ~r;-;. I,. ,.2601 A.D. Q'fIiI 0 /1",/;,: ~ ~If" ' othonotary "^'~,~,__ 'O,~;,~, >;R'! '", '!" ___r ~?~r--''''' [ 'J ~ < < . ,. . SHERIFF'S RETURN - REGULAR ,CASE. NO: 2001-05827 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY-WEST VS SMERLING LAWRENCE W ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SMERLING LAWRENCE W the DEFENDANT , at 1933:00 HOURS, on the lOth day of October ,2001 at 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 by handing to II , LAUREN SMERLING I a true and attested copy of ~6MPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.45 .00 10.00 .00 36.45 So Answers: .~~-.,~~ R. Thomas Kline 10/11/2001 FEDERMAN & PHELAN Sworn and Subscribed to before By: 'ffL~ ~n;/ Deputy Sheriff me this .'b /'1 day of (!)~ d6tJ/ A.D. ~~ {:~.~ othonotary' h"!!"'i'~~'!ig~",.." '~''',~"'-''J "' I " 11",f -.- ,. "~ ''''"'''1'~~ , ,." '~'" ," " ~ , , FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 CHASE MORTGAGE COMPANY-WEST, F!KIA MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OR 43219 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 01-5827 LAWRENCE W. SMERLING LAUREN A. SMERLING Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against LAWRENCE W. SMERLING and LAUREN A. SMERLING, Defimdant(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 Interest from 10/1/01 to 11/19/01 TOTAL $178,241.79 $1,513.12 $179,754.91 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. .t~ 4^L- FRAJ{KFEDE~,ESQtmRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DAlE Ihll-ol ~~ !! 10 ->14 PRO PROTHY 0- -~~bL." h ~, , - -"'~I ".--: - iT 1- liI ". '~'W_ ", ,.=,',>>,'C'.' ~-~<~< '" ,,' '"1'ill!f'i'r'lll~'"INliiti':.clli...r"''"'r1mm IT ml'nlilill"j''l1lj'~~ ~ 0 0 ~ c ~ :,. z va:1 0 mrn < ~"!J ZIl ~~.~ 1''' 11:1 ::'-} , '"'" ''" ~U = ~.r: )"-.>....'--., ::z z....j ,0_. C) ,,-0 (5 rn )>c :z: :::-1 ~" ~'""..,. ~ in (..J -< .,- -17: ..,,,,~,R~ __, ~ ._, ",.,~rr)in'fJ~~~ff1I'j~-~ _~,~, ,l'!'1<1~~l!n'lI?l!'i1!lt'li;ll!f!i'>':lH;M~~J''<lf':fS'''''''''~''{}'''};''''':t,''',rW'''TH!:,,,'''':~'''W',<!-F~j'f,,,,,~~,,,'r,I':''''''''~''''~L''':'\'''7t'1t'W'1'1'~\~C_ ;- 'I '!~'i;-~"~ ,'." " ":"("" ~'".,> , ' FEDE~ANandPHELAN By: FRANKFEDE~AN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE MORTGAGE COMPANY-WEST, FfKJA MELLON MORTGAGE COMPANY 3415 VISION DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 01-5827 LAWRENCE W. SMERLING LAUREN A. SMERLING Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended, (b) that defendant LAWRENCE W. SMERLING is over 18 years of age and resides at , 519 SPRING HOUSE ROAD, CAMP HILL, PA 17011 . ( c) that defendant LAUREN A. SMERLING is over 18 years of age, and resides at , 519 SPRING HOUSE ROAD, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDE AN, ESQUIRE Attorney for Plaintiff "'l"1'l11'"~ .__ ~~~l"'". " ^, , -'~ ~ . II .i[ "'-' 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 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. NO. 01-5827 LAWRENCE W. SMERLING LAUREN A. SMERLING ~~f I',~~ COpy Defendant(s) TO: LAWRENCE W. SMERLING 519 SPRING HOUSE ROAD CAMP HILL,PA 17011 DATE OF NOTICE: OCTOBER 31. 2001 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, P A 17013 (717) 249-3166 '1 AmJL 1 u1JjJVI( f1<A-- Frank Federman, Esquire Attorney for Plaintiff <'1'<W"l~_;ll _; ~ " , ,~, ~ ,'- - II r~ " l' T)= J FEDERMAN AND PHELAN . Frank Federman, Esquire . Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. NO.01-5827 LAWRENCE W. SMERLING LAUREN A. SMERLING . , '~ ..It\..,, '''' ~ ., '-- "''.,,;t~ , I Defendant TO: LAUREN A. SMERLING 519 SPRING HOUSE ROAD CAMP HILL,PA 17011 DATE OF NOTICE: OCTOBER 31. 2001 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, P A 17013 (717) 249-3166 1JJ bJrJ 11ip/tA~ Frank Federman,Esquire Attorney for Plaintiff ,,,,!;'j;~ ,~, .. . ,~~ I ' ''1:-['' - -TTl~~ C - "'--'~-~ (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHASE MORTGAGE COMPANY-WEST, FfKJA MELLON MORTGAGE COMPANY 3415 VISION DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 01-5827 LAWRENCE W. SMERLING LAUREN A. SMERLING Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 11- JI 2001. B~ 't;-mf)r'7 If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESOUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF.KENNEDYBLVD., SUITE 1400 PHILADELPHIA, PA 19103.1814 (215) 563-7000 "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 CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." ~!,,'~,o,~ " ~'"'" ".",',' I' 'i " ~ li - ~~c....-OO,"'=,~.- , " -:;r-", '.---0 "'\, \~ I , - ~ (~-R --.... ,.('0;-. ~~~ ~'j~ \J.J ~~ ~ (t-- ~ ~, t "):>\\\ \.P'" - m""..,"'""'f~""'~"~"~~'~~!>~~'M\iI,'Jffl!,', " fllnrll_~~mpt,"!~"''''r~~-''1''c7-'?';''';''''\',~",,;,,!/,,- ",":~J~F~'P;jN~Ilf,jW'~!ll'rw~,~'i);fm,!';lm~il.'~m(; lIIiIi' '~fWlh\i'~l'f'''ljl''1:~IWtrAiiIlrmlJ'.'r '" '''i:f""ij''f'" ~D ~, ~ t c...[ ~ ~ ~ ", (' cJ i ...... -- ~, -.., \ '0 ......., (') C :?'" -ofT, 92S~: t5S~ ./ r.; ~c' Z' ~"'CJ >c:: ::::: =< o o '" z ~:) ,,- f'o.,J :r;... , C? _.''''''-1 }~~~ ~~ :J1 r" ::D -< ".tY!l"jn:t,"f~' "'-'Iliff" ,,,,,'.;...~~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CHASE MORTGAGE COMPANY-WEST, F/KIA MELLON MORTGAGE COMPANY Plaintiff, v. No. 01-5827 LAWRENCE W. SMERLING LAUREN A. SMERLING Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $179,754.91 / Interest from 11/19/01 to 3/6/02 (per diem -29.55) $3,161.72 and Costs TOTAL $182,916.62 ~~~~~ FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property,No, N"''''- ,_ V ^-~.....". r ~ . , - -'. - T J1ifu~'M'if,*%Oj"'-"',,,,,,-;:,o-,,,;,- ,- i'c ~E ~I-J!":;: ;$'; t[i ',-'" ".' ,0, ,,.',,is,},doij''t''~1!:~llt&1l;i-J,,,,d,,,),- I>', '" .-"",,,,;;,,,iJ;:,g,~~~!I~'iil.#r.>t.ji.":!;..,~alW;M~il~~~~ ~ ''''.''''''';,-,,,'',,<., ..' >- ~- Og '--9 "~-):;'? q,?iJ '~fQ ::cz 'HlU ~Q :::l Q if: .."1~ "I':;~ i..L o 0" 5 ~ o ~~ ~..... :> "rj ~ ~~ ~2: ~, ~.., 0- - 0- '" @ p. ~~ ==: en ~ t"' trJtrJ ~ en trJ~ 19~ ..... ~i P" Ul ~~ ~O ~g ~ ~ '" .... Q ""l O~ \0 S'" ;:;'0 t:l~ '" 00 ~2: 2:C'l .g ~ g a:iC ~O '" 2:~ ~> Ol '< ~~ >trJ 0C'l g""l 3 2: 8' ""lZS oo~ <: iCtrJ 2:~ C'l ... ~ .., ~ ..,~ ~O ~ =: "tI ~oo ~~ - ~ 0 ::;~ C" 0 '" trJ~ '" ~, Q""l en ~ a la trJ 19trJ ~":i trJo '" ~. 00 ::ll z19 ~~ ~ trJ ~~ 2:2: '" 2:":i po ~ ~ C'lz O~ OOt"' ~ C'l ~. ~trJ .~ .., ":i~ ..... ~.~ <> 0 ~~ ~ 2: ~ .....""l > ":i == ..... t"' !'" ~ .... --l = .... .... i"ithc";,,,ILjil'i~lll!llitL~ L,~,/,{.,:'.,..,~",jJ"II,t!"J.L _. .'," -- <.~, ." I n~~' ..- ~_""~ ,~~ -.... ALL THAT CERTAIN tract or parcel of land and premises, Situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: , ["; BEGINNING at a point on the Western side of Spring House Road, at the division line between Lots Nos. 9 and 10 on the above mentioned Plan of Lots, which point is 894.99 feet north of the Northern side of Lantern Drive; thence along said division line, South 78 degrees 50 minutes West, 125 feet to an iron pin at the division line between Lots Nos. 10 and 31 on said Plan; thence along said division line, 11 degrees 10 minutes West, 95 feet to an iron pin at the division line between Lots Nos. 10 and lIon said Plan; thence along said last mentioned line, North 78 degrees 50 minutes East, 125 feet to a stake on the Western side of Spring House Road; thence along said last mentioned line, South 11 degrees 10 minutes East, 95 feet to an iron pipe, the place of beginning. BEING all of Lot No. 10 Block "0", Plan 13, Pinebrook, which Plan is recorded in Cumberland County Plan Book 22, page 198. HAVING thereon erected a dwelling house known as 519 Spring House Road. Tax Parcel # 10-19-1598-220 TITLE TO SAID PREMISES IS VESTED IN Lawrence W. Smerling and Lauren A. Smerling, husband and wife by Deed from Gene W. Rush and Carole B. Rush, husband and wife dated 8/21/97, recorded 8/25/97, in Deed Book 163, Page 316. -";Pi'~~~_":~,_~,,,_,_ _" -,_",,_,_~"_,C 1- - ~ j ~ II ~ :~ ~ ""'.' " - '-~ ,. r t=' N\ ........ ~ ~ ,"'"'" "~ ..,...,....,...nr.,~1]m . i'j' ~, ~ 1-f7- ""\ .-. rl~/ --..., C1 CO",. C\"". . ~ ~ 6'- \.J-.I ~.\;rv '. ' E)'. G-:---t:. ~ ',. \ " '.- "$; .{; \ '_'F,..,.,!!!QFiI!!j<l!\!;~'j~~)&lt"\'?lil~~1ji,~_S~~@'f~_~~\'9<'f-f,S~'"-, - "_.m_'.~-[,WF_'-_'_";"-""'- o c ~~ "D.'" n- ~. ;.:!r.rr ~!:Fs en,):-, -<-,. ~t',,- -~",-".. ~3 -c: :2: -, -< CJ o " :Tnlinrl~i'l ..... ,,~ :\~.) .''------ 'Y;:'i"J);-.wJ',~,,"'f!ilf\\-"ffi-,'1'l~;'IR"[';U"'il;:'" . ,'T, "9";"~'i''';Tl!I.:i)~~,TI~~i~ 23 .~ :'\) ;J:::R- ..... ,~ ~~i=S ~r-t! :U -< ::n .,~ jf~Tr T,"I ' CHASE MORTGAGE COMPANY-WEST, F/KIA MELLON MORTGAGE COMPANY CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION LAWRENCE W. SMERLING LAUREN A. SMERLING NO. 01-5827 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) CHASE MORTGAGE COMPANY-WEST, F/KJA MELLON MORTGAGE COMPANY, 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 .519 SPRING HOUSE ROAD, CAMP HILL. PA 17011 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LAWRENCE W. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, P A 17011 LAUREN A. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, P A 17011 2. Name and address ofDefendant(s) in the judgment: LAWRENCE W. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, P A 17011 LAUREN A. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, P A 17011 3. Name and last known 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 indicate) None. 1~ _ ~,n"<"< f- '[ -'-'" I ~~ ::<T:]<'j"."''''Jj''''f' '""T'l1iLl 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMERCE BANK PO BOX 8599 100 SENATE A VB. CAMP HILL, P A 17001 5. 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 indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 519 SPRING HOUSE ROAD CAMP HILL, P A 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 November 19.2001 DATE 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. J~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 'w~" 1]1,_ " _ "~CO'" . .. ,~,,~ ~ I r""- ~r~-=~ ~ ~. , "",~"_l!I'J'!IIIl,"~~ __ _,'-"'""", ~"'mi.iilf""r'mYili'lit;1!iil('~I~~l'l!r,n-r""'''''''1'l'lliii 0 C C") C u~ -n ~e ~ j !:Dm Q ~2:',',1 -""- (5)~' N ~f~; , ___J (~) ,~ :;::;,,. i ~-,.C' -T, :SC< ...JJj,. :!J C) )>C Q i"T": Z ':fj ,c-> =< ,> :'a .,- -< ",,,,-,-4-4.,,,~u:c.,,,,,,?,.!lI!llm~~_;l!!._,,,,,,, _ _. ~ ~'^1'~"",o, """_~~",,,,~lflll!fj1?'''f,'''-i<'"t' "'''"''1q'~,'!'''';~n:i'';---''''';W'iFf~'W!!':t~1~~~1<H;;;-!if''''",c.,""'?"l:j"l"'Jm:'1\'J,~~!:~( ~-'~'"AA-.'<':it')l-C'\" ~-_TC g , FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE MORTGAGE COMPANY-WEST, F/KIA MELLON MORTGAGE COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION LAWRENCE W. SMERLING LAUREN A. SMERLING NO. 01-5827 Defendant(s). 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: o an FHA mortgage () non-owner occupied () vacant (X) 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. j~Jj~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff )lj~,.",.."" ><"-- '-1 ,,,' - .- ,. ~~ _ 1 r, <~. ~ , I ~ , .~,,,",,,.,~!1 a ,~' "~-"">, '~-d'" , -'~--""" ~~ T _ . T" r~Cr'lf&:i'fi!ff:'1'Z'~:C:-~f"f!.'1"::t~~~jf~ll'lr6f*iiM;)lJ~'~ir}~'S)iffi~t~:tR#;6t o C..: :;0"'. ,12ft Z[ZO &3_S:- '<'" ~~~ > -~ C Z ::;! '~"'-"Y1._....-,l(_~~~~r.g~~~..,_,(_,_....,..,j:_f,i'HPI\tl~%'.~i-'H"''',],,,' o () -n 23 '-- ;\,J ~ ._~,~C) :J1 .;:- !,-'7~ ~~ i:jrr~i 0-< J"" :lJ -< '--"-''-'-~''''.''i'-V'W\'i;~l~!'?~'~i/.ll"W~ilf, CHASE MORTGAGE COMPANY-WEST, FIKlA MELLON MORTGAGE COMPANY Plaintiff, CUMBERLAND COUNTY No. 01-5827 v. LAWRENCE W. SMERLING LAUREN A. SMERLING Defendant(s). November 19, 2001 TO: LAWRENCE W. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, P A 17011 LAUREN A. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, P A 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE 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, 519 SPRING HOUSE ROAD, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriff's Sale on MARCH 6, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of 179,754.91 obtained by CHASE MORTGAGE COMPANY-WEST, F/KJA MELLON MORTGAGE COMPANY (the mortgagee) against you. If the Sheriff s sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: L 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 may be 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.) c~"'ftt': "- ~':'- d; ", e"_' ," r "_I "~- - ,-- ~ - .". , 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 (215) 563-7000. 2. You may be 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 may be 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 '.<'''''~'~"-, ~ " ~" ~ - ~ '"I'" , ,--- . Ii" r ~ -1 e ALL THAT CERTAIN tract or parcel of land and premises, Situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Western side of Spring House Road, at the division line between Lots Nos. 9 and 10 on the above mentioned Plan of Lots, which point is 894.99 feet north of the Northern side of Lantern Drive; thence along said division line, South 78 degrees 50 minutes West, 125 feet to an iron pin at the division line between Lots Nos. 10 and 31 on said Plan; thence along said division line, 11 degrees 10 minutes West, 95 feet to an iron pin at the division line between j Lots Nos. 10 and lion said Plan; thence along said last mentioned line, North 78 degrees 50 minutes East, 125 feet to a stake on the Western side of Spring House Road; thence along said last mentioned line, South 11 degrees 10 minutes East, 95 feet to an iron pipe, the place of beginning. BEING all of Lot No. 10 Block "0", Plan 13, Pinebrook, which Plan is recorded in Cumberland County Plan Book 22, page 198. HAVING thereon erected a dwelling house known as 519 Spring House Road. Tax Parcel # 10-19-1598-220 TITLE TO SAID PREMISES IS VESTED IN Lawrence W. Smerling and Lauren A. Smerling, husband and wife by Deed from Gene W. Rush and Carole B. Rush, husband and wife dated 8/21197. recorded 8/25/97, in Deed Book 163, Page 316. -"""'Y-w . ,~o, ,~ J ' ,_ ,-, . I~ ", 1 I ,~ :II ~- -~ """",,~_]1I~,J\1.Jm <~ :'lir~tl,..:J!1l5t1i'jll'll!l\;~~P*,'i~f"lf1j~lf\i .. '" ", '" )" ~""Y"~ilYi1'llJ:rI"'.I~,liliilliiH\lf'Ti,i7ltii'ifi\i'IJj" o ()~7 n,f~ ~.s,j ~~ r-- (fJ .>_ ii :<f "'.'1 ,-{;:"- ~~ c) ~ s' ,~ c::> ~ "-> '"',~ '" -, ,,- :-t~ -., :-; ':_=-~,l -}~S .~}~i :--~:rq ;g "",' '- !l!li-F ][l!W1~__:r~~~4ifc~q;'''':'''J>7'~r\'''''~, """'1".-:",,' -'..;""n>;*j~~~I~~~~~~~~_..l',~ill," " , PLAINTIFF CUMBERLAND COUNTY ::5''?(,- /' AFFIDAVIT OF SERVICE CHASE MORTGAGE COMPANY-WEST, F/KIA MELLON MORTGAGE COMPANY No. 01-5827 DEFENDANT(S) LAWRENCE W. SMERLING LAUREN A. SMERLING ACCT. #5801952086 SERVE LAWRENCE W. SMERLING AT 519 SPRING HOUSE ROAD CAMPHILL,PA 17011 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 6, 2002 Served and made known to t... ';:;l IN R ~t-J c. ~ VJ, SERVED \' \'1"1 3W.~K , berendant, on the IiOU5~ fc1. / C}. ~ day of a\M f' f-\; f) )Jv ,2001, at j :10, o'clock#.m., at S/1 'Jfll:\ IV:) of Pennsylvania, in the manner described below: , Commonwealth ':l( . Defendant personally served. , , Adult family member with whom Defendant(s) reside(s). Relationship is 1;J t<t ~ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. .j~u'({.'<.~ )...., 5-0-<<- \', Nj Other: ,lb7 .Il k Description: Age>> Height ~ ' Weight /35' Race W Sex L Other '1'Jt<'" , 9-;' f( I, C\;;o.~~ IVC~ [.., a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the N tice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. r- MOTAnI/I!.!lUll Sworn to and subsc~d I C~~~~~b~~~~;~,' ~~:~in~ before me this .;z c, day My Commission Expl 15. 20lD of /U1v~, 2001. .y Notaryjdl1.......-~~ By: r)\, PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE D TES & TIMES OF SERVICE ATTEMPED. NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Other: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev 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 '--~~\IlIiIII!!~ ~ ",~ ,,~ .-r "" -<- --", ' -._,,~ ~ " .. ,~ I~ ~ ~ ~- ., ~.~~Illif!lM" ~~__4",~~~ff~%1!llI!~.~ "~~-~ "<~ ""--r~~""'__ "-'----1",." ;j[ "'r~"'v "c, ~~'~~:-~rilr' 'o-"'''e;f'''fft~Jn'~'1r(irT-:''rif~t;~{iSi (") c:::: ~~ -r.J::D mn--: --:::-/"T' ~!.~ c'" -~,--, ~z::~: 'l>~ :.<: C:J d '--) , ... f5 BlI _^C J1I""~~,\0,,;iM,~'~"""'-"-'~~'-""'~" ,,,-,,7', "",'-""~:'i!"!'M"f~J'm'lH"\i!_>m-'l/''W"~~",pn1,~''J91>;''I_,,,i,'"''''_-'1""'f',n'cr"~f"~~iJI~,: ,~" -:--1 .-~~'<' T_" L AFFIDAVIT OF SERVICE .1;:''''' CUMBERLAND COUNTY 'PLAINTIFF CHASE MORTGAGE COMPANY-WEST, FIKlA MELLON MORTGAGE COMPANY No. 01-5827 DEFENDANT(S) LAWRENCE W. SMERLING LAUREN A. SMERLThjG SERVE LAUREN A. SMERLING AT 519 SPRING HOUSE ROAD CAMP HILL, P A 17011 ACCT. #5801952086 Type of Action - Notice of Sheriff's Sale , Sale Date: MARCH 6, 2002 SERVED f~ Served and made known to LdVf.,.ft}J A I g/AA.~t<-~,Defendant,onthe rJo day of at "3: ItD ,0'clock4.m.,at .57r 7frCilJ'j f-bv5e. Rd.,) ('fllM.f fr J) No\l ,2o.o.l , Commonwealth of Pennsylvania, in the manner described below: X Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place ofhusiness. an officer of said Defendant(s)'s company. Other: I n ffi5 tI Description: Age ..3 S- Height S ~ Weight J.::L2 Race ~ Sex L Other g r{ tJ, f1ii K !, C talCt\'lC'I.. L 1 C'C! 1C. *,' ?,fcompetent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Node of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the dale and at the address indicated above. Sworn to and subscribed before me this ~ ~ r- day of A/tJ,r~, 20.0..1. Nota;itJI'I"-<-~' ~_ By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPED. NOTARlALSfAL ANNE G. BORVAN, No AaIc Chambersburg BClo Fr My Commission Expi NOT SERVED On the day of ,20.0._, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Other: Sworn to and subscribed before me this _ day of , 20.0. _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - 1.0. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ,W"''''''m '". r" ~ , '-". - liiI .C<" ~=""~'''''" ""'>""'~:~l':"In-jftfi'f,)r'1~'i'i!i-"-"in1ffE~rt1t'~i*~lr ";;'r 't~iiP~f1\'~fM~~;;\;r&~1'fSift ~ G '"-- ''0 ~:~~ ~.~:~' ~;f ~~~~; :>~ ~:J :~-:) ;-:"1 -") ~~"..' "'"< C3 58 ~,,~= ,-' '\ll~~-~m~__ """:",,,Oj~~~-~~l!tli~~~\!W~!'f")iORQ'",';~"",-- ""(H'~-"f''!~'''_''';;,';n''''''='W''1i'Wt<>l<,ft,,'<rC0fj'';'\i'"~M'i!i.'":~"''''''"-''''';-,_T'''~~'l''''~'''''tI'~-!$j~lfiilIlfI-c .~"'~ ~.! _e ":~,-- [~ - ~ ,-- , SALE DATE: MARCH 6. 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHASE MORTGAGE COMPANY-WEST, FIK/AMELLONMORTGAGE COMPANY No.: 01-5827 vs. LAWRENCE W. SMERLING LAUREN A. SMERLING AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE " ',: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 519 SPRING HOUSE ROAD. CAMP HILL.P A 17011. As required byPa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Supplemental Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. -1J:J~ FRANK FEDERMAN, ES Attorney for Plaintiff February 26, 2002 -'T;V'~'Fl, - . -I ,~ , -< ~ - " IT' ~~, 11\~ ,~~~~, -. - ,~ . . CHASE MORTGAGE COMPANY-WEST, FIKlA MELLON MORTGAGE COMPANY CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION LAWRENCE W. SMERLING LAUREN A. SMERLING NO. 01-5827 Defendant(s). APFIDA VIT PURSUANT TO RULE 3129 (Affidavit No. I) CHASE MORTGAGE COMPANY-WEST. F/KJA MELLON MORTGAGE COMPANY, 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 ,519 SPRING HOUSE ROAD, CAMP HILL, PA 17011 . .,J 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LAUREN A. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 519 SPRING HOUSE ROAD CAMP HILL, P A 17011 LAWRENCE W. SMERLING 2. Name and address ofDefendant(s) in the judgment: LAWRENCE W. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, P A 170 II LAUREN A. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 3. Name and last known 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 indicate) I , None. J..,",~Slt-".,,,,,,,,,I",,_. ,r' '. " ~'" , <=1 _,~ 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMERCE BANK , PO BOX 8599 100 SENATE AVE. CAMP HILL, PA 17001 5. 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 indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 519 SPRING HOUSE ROAD CAMP HILL, P A 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 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 of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. jJJJJ~ FRAJ{KFEDERMAN,ESQlITRE Attorney for Plaintiff November 19. 2001 DATE -P~i__~\,_,,_,~, ""'-,'1,-' ,~, ',~_~.' -1-' ~ "I " "'~ i"""''''('~rt~f'f" "rr - ",,' '=" -- , :.-'" i, -q: _-'__ ~"__ '""' O>:z ~' ~ ~ ~ ~ ~ ~ ~ C ..,!:>oll> . - 'J> '" 00 -J lA " "'!:>oS ~Z .0- W N ~ 0 ~ .0- W N ~ '" -, " '" "'l '" ~ 3 = ~ ~ air !:>o '" " "'- 'JI 00 )> ~ !:>o ~ 0 ~ co ~ if = ;:l. ~ >-' n' \0 ~ ii" 'JI N Z = Z co c:: ~ fl 3 t"' c- CD "'l :0", . 0 H ~ ~. z ~o . 3 -~ ci'~ " 0 - ~ 0'" 3(;' ;:; ~ . " n ..., n tl z "'-O'T1 0 ~ 0 ~ 3 Er~"t:l - ~ ~ . ;-"--..](tJ )> 3, 0......"'tI1 ~ Z m > (1l 0 (tJ ~ m '=i ~ ~ ~ -6"5S~ ::<l ~ ~'T1n> - - n 0 :::: n ~ m n g;; " . "z tl:I n g: ~ ~~~> ~ ~ ti ~ ~ " ..., a . -" '" ~ .- \O"'~ l' := . ......o..C/.)~ 5 = "d ..., 0 ~ 0,< '" ::c: z '" w c- o " .." ~ ~t:c:c::tr:l '" .~ 'n oog&~ tl:I m 0 '~ 0 '" Z .." 3 ~~gj~ >< 00 . "d Z 8 . ~~~ 00 ::<l 00 > -< ~ '" 0. '" 'J> 52 ~ Q... ::to '" r .'" Cl < tl:I ~",g ~ := ~ m . '" 0 ~ ~: 0 8 ;;;: 00 - m 00 ... Z m 0 0 )> ~ m n 0 ..., "d m "~ )> 0 )> :<< ~ ..., < n ~ ..., ,m ~ m ,< z n ..., ~ ~ "d W := ~ ~ - "d .b :::: El := m - "d r := r r )> ~ ~ ~ "d -J )> 0 ~ 0 ~ ~ "d < -J 0 0 m 0 tl:I '" ~ 0 CIl >< ..., N g;; ~ -J .s:l .'" - n ... )> ~ ~ CIl CIl tl:I r c: .rn ::0 "d P )> "d ~ )> -J 0 ~ ~ -J W ~ 0 '" '" ~ ~ . - - "''" = 0 " ~ 0= ~ . . ~ .!!-~ '" ~ z . = . o ~ ~ :;:. 3' ~ ::gti~~;1 g S'7G'::! (11 1/J"""l!li'iS ~ifsffiQ: ;;:'::!~2~ ~ ~ -'n co ~3'~.g.ii ;s ~ s, 6 g' ;!~gs, :'<Il psiS 3' g 8~ [ ;:::;::: 0_. ll''<''O :::-,'A g."O !:!l ~ ~ g ~ g <;"2 o O"n ~;::;. ;:;,rr~ga. o "'~ " 0 ;i .... 5 ~ ;::l ........"':l '" "'IJ>~...= 1i '8 if~ s- ~~~~ ... ::tIl:::t, ~ f~ ~ 0;;.3 til 5- Ii" _. ~ 5' [~~n; 2 il ~ 2 ~~'[~' g~ ii @ ~ go aqg. s'rrtil~ .g g 8 a ...tr1::l~ g'4j ~ g ~til~::;:.; S. ~ g';J 'A s: = ro g ~. =' ... " . -.. /~ C,~S, (~~ .<~. <:1=.._\, ~ ~ =,::.c ~" ~ -~ Jo J~ ~~,,~ T " ~ to o ~ =, o ;:: ~ .'...._. ~.....) _\~ ~~~ a ~ '--:-.~r'\r, ~~............~- .. .. i.Y .. -"''?~)'~;--'j'sf~ U.S.liO;S!MJtl~ {i NOV ~'J'Q! - r:.! ~ !: \0- - -- ;,.. -",' ,.., j O'~ -, , ~':::2 I U-j: \ ;::c3:.1!'!~i'! . - t'*" '-- p ~ ~~ __'_~ 6:J68300~_.___----1.. ." . . ~ = E. I I I I I I I , I ~l , . =."",.....=._~ '1 ':'- ~~^'--~ ,,'" .., ~ ~ ~-> DATE: TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OlF REAL PROPERTY OWNER(S) LAWRENCE W. SMERUNG LAUREN A. SMERLING PROPERTY: 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 Improvements: Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be sold at the Sheriff's Sale on MARCH 6, ~, at 10:00 a.m. in Cumberland County Courthouse, South Hanover Street. Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing ofthe schedule. LH .("'~~ -", . 'I' , , ,I'" - ~. '11- - ~ -T=~~=-'''' c.%ri,r~~~f?sJ\!~""'~ -~ , . , , SALE DATE: MARCH 6. 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW CHASE MORTGAGE COMPAL'lY-WEST, F/KIA MELLON MORTGAGE COMPANY No.: 01-5827 LAWRENCE W. SMERLING LAUREN A. SMERLING FEDERMAN AND PHELAN ATTORNEY FilE COpy PLEASE RETURN vs. AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 519 SPRING HOUSE ROAD. CAMP HILL. P A 17011. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. RC.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Supplemental Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. r-EOEftMAN AND Pi-fElAN ;UTORNEV FilE COpy PLEASE RETURN ~.-J :t~ FRANK FEDERMAN, ESQYiRE Attorney for Plaintiff February 26,2002 'i'lf'T',WW , -~<,:,~ ,,-~-', - ~," '," ,"l;~ . .- -,,,, ,[ ~ I l,",.",~_^ -~ 'M "=.",.cl.,.,. ''''''''',''jrJI!illijIIDli,11IT rim lij'.'.K""'l!:!'~!i . , , . 0 c::> 0 C f'~) -, S:, .." -0_' -ocrJ !,,1'" - 1"\ q;:: C!.'~ CD , - --- -~ . '" Z,,- Q:2 (Xi' ;<: c: :'.,,, )0- ,- -~-- ."-~: """,\".! ~8 '? ,'-. n ~ ~ ~~ .::- =< /~ By ~, " ~>1'~","~_~~.~~~~~'l!''''" ,~~',~I_Rl' "~"",,",lij~RI";p,<fJ!J!1>'jtlc'}.,,,",r,\\''''''~,,,~;,,,,~,,,,,"-' '._""-~':"",':'1!~";."'~'lo/o!Pf"'1\\''r;;m'-'pi',,,,~~~w'!!!t'ffl'~\~I'iIDm!!~~~jIl~~!j(': _~'_ ^' "d;'- -, O~' .- . ^ < STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } SS. Robert P Ziegler I, _____________________________________________________~________________________Recordero( Deeds in and for said County and State do 'hereby certify that the Sheriffs Deed in which ________________ Chase Mtg Co-West fka Mellon Mtg Co . ___________________________.________________________________________________________ ~thegtantcc 6th the same having been sold to said grantee on the _______________________________________________ day o( ________~~;_~!,1_________________________ A. D., ; 2~~~, under and by virtue of a writ______________ Execution . 21 s t _________________________________ __________ _____ ISSued on the ____ ____ _____ ___ ____ ____ __________ ___ Nov 2001 . day of __________________________ A. D., _____, out of the Court of Cornman Picas of said County as of Civil' 2001 -----.------------------------...----------------- ---______________________________ Tenn, : ______ 5827 . Chase Mtg Co-West fka Mellon Mtg Co Number _____________.., at the swt of _______________________________________________________________ Lawrence W Smerling & Laureen A ---------------------------- ----___ against_ __ __ _ __ _______ _____ ___________ ______________ _______ is duly recorded in Sheriffs Deed Book No. ______~~~__, Page ____~~~.::.__. IN TESTIMONY WHEREOF, I have hereunto ~ set my hand and seal of said office this dK______ day d,(,IJii} E>jlL~=='::' .t, I~." ,l~ ~T:~ -."'[, ..._--t'-:T ~ ,~.~ ~ " Chase Mortgage Company - West fi'kla Mellon Mortgage Company VS Lawrence W. Smerling and Lauren A. Smerling In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5827 Civil Term Jody Smith, Deputy Sheriff, who being duly sworn according to law, states that on January 02,2002 at 3:40 o'clock p.m., EST, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Lawrence W. Smerling, by making known unto Lawrence Smerling, at The Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copy of the same. Jody Smith, Deputy Sheriff, who being duly sworn according to law, states that on January 02, 2002 at 3:40 o'clock p.m., EST, she served a true copy ofthe within Real Estate Writ, Notice and Description, in the above entitled action, upon one ofthe within nam,ed defendants, to wit: Lauren A. Smerling, by making known unto Lauren A. Smerling, at The Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copy of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on January 07, 2002 at 2:18 o'clock P.M., E.S.T., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Lawrence W. Smerling and Lauren A. Smerling located at 519 Spring House Road, Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Lawrence W. Smerling, by regular mail to his last known address of 519 Spring House Raod, Camp Hill, P A 17011. This letter was mailed under the date of January 23,2002 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Lauren A. Smerling, by regular mail to her last known address of 519 Spring House Road, Camp Hill, P A 17011. This letter was mailed under the date of January 18, 2002 and never retumed to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 6, 2002 at 10:00 o'clock A.M., EST. He sold the same for the sum of$l.OO to Attorney Frank Federman for Secretary of Veterans Affairs, An Officer of The United States of America. It being the highest bid and best price received for the same, Secretary of Veterans Affairs, An Officer of The United States of America, of <';fW"Bj>'o~ >. r~ " ~ i 11 ~r~-'<~ i~"" ,_^;c."~,.,,,,," Varo Cleveland (MDP 262 PHI), P.O. Box 99640, Cleveland, OH 44199, being the buyer in this execution paid SheriffR. Thomas Kline the sum of $821.12, it being costs. Sheriffs Costs: Docketing Poundage Advertising Posting Handbills Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff s Deed $30.00 16.1 0 15.00 15.00 30.00 10.00 .50 1.00 9.10 .82 15.00 30.00 302.60 270.30 24.20 25.00 26.50 $821.12 Sworn and subscribed to before me This s!:' day of 0:'.'1 2002, A.D. Qt' (1 'J-u._di.~ I fPf P othonotary "r';:'''''f'Y.M'~l'''~',~~="" . "_ '-" ~ - "~ " , . _~M-s;tIJIrs: ~V.# T ~......,./< ~ R. Thomas Kline, Sheriff ByJo-J ~~~ Real Est e Deputy ~~ yp.aV 1.6D ..oS2.> [k.J'" ~ ~ ~-",. v ~'~Ir -" - CHASE MORTGAGE COMPANY-WEST, FIKlA MELLON MORTGAGE COMPANY CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION LAWRENCE W. SMERLING LAUREN A. SMERLING NO. 01-5827 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) CHASE MORTGAGE COMPANY-WEST, F/KJA MELLON MORTGAGE COMPANY, 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 ,519 SPRING HOUSE ROAD, CAMP HILL. PA 17011 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LAUREN A. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 LAWRENCE W. SMERLING 2. Name and address ofDefendant(s) in the judgment: LAWRENCE W. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, P A 17011 LAUREN A. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, P A 17011 3. Name and last known 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 indicate) None. "j:'~~,..,,,=",,~~~'1'; ,,~=_, 'n_. .-,,'f k 1;'",," " ',-- '!lll'f""''-~^~>-'''' __',,-c~_ --,'<. ",,'~ , 4. Name and address of last recorded holder of ev~ry mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMERCE BANK PO BOX 8599 100 SENATE AVE. CAMP HILL, P A 17001 5. 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 indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) T enantlOccupant 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. JJJJJ~ F~FEDERMAN,ESQUIRE Attorney for Plaintiff November 19. 2001 DATE 'i';-~"~-'"'i'M,.,~ ~-" , -' ,-" .' .,,~ , ,;,- -" , ~ r - ~."""","<",, _ '~' ,~., ~ - ~ , h CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY Plaintiff, CUMBERLAND COUNTY .- No. 01-5827 v. LAWRENCE W. SMERLING LAUREN A. SMERLING Defendant(s). November 19,2001 TO: LAWRENCE W. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, PA 17011 LAUREN A. SMERLING 519 SPRING HOUSE ROAD CAMP HILL, P A 17011 --THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TfON OBTAINED WILL BE USED FOR THA T PURPOSE IF YOU HA VE PREVIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.-- Your house (real estate) at , 519 SPRING HOUSE ROAD, CAlVIP HILL, PA 17011, is scheduled to be sold at the Sheriff's Sale on MARCH 6, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of179,754.91 obtained by CHASE MORTGAGE COMPANY-WEST, FIKlA MELLON MORTGAGE COMPANY (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the JUNE 5, 2002 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I. 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 may be 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.) ;''i>\l',!,''''~ , 1 , , ~ .. ,", ., ,I " ~ ". c- >-'. ' n_>_ -.' ,-"' YOU MAY STILL BE ABLE TOSA VE 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 (215) 563-7000. 2. You may be 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 may be entitled to a share of the money which was paid for your house. A schedule of distribution ofthe 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 a,ccordance 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) 990-91 08 ;-'"r~~,~l!'_ ,.. -!= "<"r""""" "'I' ":-" " rr J.'U~~iix1 -' '<fdf'". ,'.. .' -~_. ALL THAT CERTAIN tract or parcel of land and premises, Siruate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Western side of Spring House Road, at the division line between Lots Nos, 9 and 10 on the above mentioned Plan of Lots. which point is 894.99 feet north of the Northern side of Lantern Drive; thence along said division line, South 78 degrees 50 minutes West, 125 feet to an iron pin at the division line between Lots Nos 10 and 31 on said Plan; thence along said division line, 11 degrees 10 minutes West, 95 feet to an iron pin at the division line between Lots Nos. 10 and lion said Plan; thence along said last mentioned line, North 78 degrees 50 minutes East, 125 feet to a stake on the Western side of Spring House Road; thence along said last mentioned line. South 11 degrees 10 minutes East, 95 feet to an iron pipe, the place of beginning. BEING all of Lot No. 10 Block "0", Plan 13, Pinebrook, which Plan is recorded in Cumberland County Plan Book 22, page 198. HA VING thereon erected a dwelling house known as 519 Spring House Road. Tax Parcel # 10-19-1598-220 TlTLE TO SAID PREMISES IS VESTED IN Lawrence W. Smerling and Lauren A. Smerling, husband and wife by Deed from Gene W. Rush and Carole B. Rush, husband and wife dated 8/21197. recorded 8/25/97, in Deed Book 163, Page 316. - rf-":<~'(f.~!f"j ^""~,,"~,_,~<;,, .1 "I -'^~ ,~, 1-"'l ~-~ " ''',,'''f''it'f: 'I"" , ' WRIT OF EXECUTION ~nd/or.ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO, 01-5827 CIVIL 19 CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND ------- ,,___COUNTY Chase Mortgage Co.-West, f/k/a Mellon To satlsly the debt, interest and costs due Mor1:.g':l.-~0ompany Irom _Lj;rwrence W~ Lauren PLAINTIFF(S) A. Smerling, 519 Spring House Road, Camp Hill PA 17011. ,---- _ . _ ____ ______ DEFENDANT(S) (1) You are directed to levy upon the property at the defendant(s) and to sell Real estate located ~~" C H 11 PA 17011. (See attached legal at 519- Spri n!J Hn""'" R~ amp i des.rriprinn.) (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 defendanf(s) and from delivering any property of fhe defendant(s) or otherwise disposing thereof; , (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hirn/herthat he/she has been added as a garnishee and is enjoined as above stated, Amount Due $179,754.91 Interest 11/19/01 - 3/6/02 (:;'29.55/dielll) Ally's Comm % L,L. $.50 $1.00 $3,161. 72 Due Prothy Other Costs Atty Paid Plaintiff Paid $124.45 Date November 21, 2001 CURTIS R. LONG P.roth notary, Civil Division REQUESTING PARTY Name Frank Fedennan, Esq. Address 1617 JFK Blvd, Ste 1400 Philadelphia PA 19103 1814 ~---- Plaintiff by (~ Deputy Attorney for: Telephone: (215) Supreme Court 10 No. 563 7000 12248 ,{,~$'(rf~m-~'" ,:" -JilT"', d. ,~~ n]! "'~'" "" " -- ,- -~ , ,~ ~ 11 'I , 'k~ " 1 ,- -, "~ ""^'~'-"'-~-~' '"~4.""~r",,i".-!; -'T"".'j"'t'Tif'-'l:"""-ft....rrun "iTIm:lrrr mJ-r~~-1"'.""'-'"'-F REAL EST J\ TE SAl.E No, '3 3 On December 7, 2001, the sherifflevied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, known and numbered as 519 Spring House Road, Camp Hill, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 7, 2001 By: U6rl;/ S~ .Re~lEstate Deputy A ~ ::;. ~ ..>-A. ';.4 ~_.l, 7, ~~ .\1......- '$:'/;', ~ '>) Tn ~~.:; ~ -;t;, v~~ t-:.,. ~';:;,-;t. I>: ", ...., ' I,;) o \'"" "c-' 0,.-. ~\ <<- 'tOP *' o .,P-~"J:!Iq<!flI~~~W~1"lI5:'t~l-~~"~'lj9~~;;;i,""':'1I~~f'>!)l1f!T;tt!0W~;.","-"7,:,"",r,,'''-_'':'- e c:;;;) CirtJ c:::::a Gi) iiW !~T~- :',:i~' , PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L,1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952; been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: JANUARY 25, FEBRUARY I, 8,2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ! Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY. 2002 N SEAl. I.OIS f. SliIYDER ~ PublIc My= ~beilanil County fxpm March 5, 2005 '-';,nf;'w.~,_ , ~" -. [ J ,. ,.., -~ T~1ill!! ~.~~,' ',," REAL ESTATE SAl.E NO. 33 Writ No. 2001-5827 Civil Chase Mortgage Company-We.t flkla Mellon Mortgage Company v.. Lawrence W. Smerling and Lauren A. Smerling At1y.: Frank Federman ALL mAT CERTAIN tract or par- cel of land and premises. Situate. lying and being In the Township of Hampden in the County of Cum- berland and Commonwealth of Pennsylvanla. more particularly de- scribed as follows: BEGINNING at a point on the Westem side of Spring House Road, at the division line between Lots Nos. 9 and lOon the above mentioned Plan of Lot.. which point I. 894.99 feet north of the Northern side of Lantem Drive; thence along said di- vision line;, South 78 degrees 50 minutes West. 125 feet to an iron pin at the division line between Lots Nos. 10 and 31 on said Plan: thence along said division line. 11 degrees 10 minutes West. 95 feet to an iron pin at the division line between Lots No.. 10 and 11 on said Plan: thence along said last mentioned line. North 78 degrees 50 minutes East. 125 feet to a stake on the Western side of Spring House Road; thence along said last mentioned line. South 11 degrees 10 minutes East. 95 feet to an iron pipe. the place of begin- ning. BEING all of Lot No. 10 Block "0; Plan 13. P1nebrook. which Plan is recorded in_ Cumberland County Plan Book 22. page 198. HAVING thereon erected a dwell- ing house known as 519 Spring House Road. Tax Parcel # 10-19-1598-220. TITLE TO SAID PREMISES IS VESTED IN Lawrence W. Smerllng and Lauren A. Smerllng, husband and wife by Deed from Gene W. Rush and Carole B, Rush. husband and wife dated 8/21/97. recorded '8/25/97. In Deed Book 163, Page i316. , ~ , > -I."' - " ;,;' ~ '<I ~~~,~ ,1' ,I --,~ ~~ , t' -. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Ass!. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principai office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) of January and the 5th and 12th day(s) of February 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of D uphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy SALE#33 subscribed b NDtarla' SII' Tany L. Auss,", Notary Public Harrisburg, Dauphin County My Commission Expires June 6, 2002 Member, Penn!lylvania A"'''''''iation 01 Notarles ARY PUBLIC My commission expires June 6, 2002 CUMBERlAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertisi ng Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 268.80 1.50 270.30 Publisher's Receipt for Advertising Cost . . The Patriot News Co., publi~her of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... "'-'i;j~l'~:t~~d_.'. _~, ~_,_ _,", c_ ~" ~ 'r ~~'REALESTATE SALE No. 33 r-':- Wrlt~o.to01.5B27 _, oClvll'renn F- ~-. _: Chase)".o~9age ..~ Cqmpany~West f/kla i;Y ~:- _7u~llon, M.9_!'la~!1e Company ~ 0_ __ _" __vs._ ___~ ~__- '~'.:.~__ LawrenceW.Smerllng _0 . 'Lauren A. Sr..erllng _ -Atty: Frank Federman '=DES=ON ~.-WA1'~CER~ tract or parcel .orland and _:premises, Situate, lying and-' being in the :~yinshjp' -.of Hampden in the County .of ~:~,.6..lInhedaria and "Commonwealth of Pennsylvania, ,~1llQJ}: partkularlyAe_scnfled as follows: ~ ~EGJNNIN-G at a point .on the Western side .of Pfpring Hou~ ~oad, at the division.n~e_between ~WOS, 9 and_l~ on the above mentioned Plan ~of Lots, which point is 894.99 feet north .of the ii"=-B.QJ;thern.Side of Lantern Drive; thence along said lvrslo~, l~~~Jouth ~78 de~s .5~ rm:nutes West, _~l;.t 19,-alur..on 'pm at the dlVlSton 1me between il-qts.#~s:._.lQ..~d 31 on ,said P1ar:: thence along ::-s31d diVIsion lme, II degrees 10 uunutes West, 95 ~Jll1 iron pinatthe division line betw~nLots ~.JO _and 1 t on said Plan; thence' along said ;!~~fi,"", ed.,lin,e; North 78 de, gtees 50 minutes J.~ leet to a stake on the Western side of ~ pnng House ROad; thence along said fast . mentiJ,med line.__South t I degrees 10 minutes ~~rfe_et to'an"irOn pipe, the place of ::oegummt.=--, > ,-.BEING all of Lot No, 10 Block ''0'', Plan 13, ;"'ffibrOOk, which Plan IS recorded in Cumberland -CQunty Plan Book 22, page 198. . - HAYING thereon erected a~Jwelling house known ,---as 519 Spring House Road. i'IAXPARCELNO,1O-19-1598w220. ~TIfLE to said premises is vested. in Lawren.ce W. j-Smerling_<!,Ilj, .Lauren,A. Smerling, husband and , wife, by Iked from Gene W, Rush and Carole B. ~- Rush, husband qnd wife, dated 8/21197, recorded 8f,25/97, in JIeed Book 163, Page 316.