HomeMy WebLinkAbout99-02951.1 FIRST UNION NATIONAL BANK
Va.
MARCUS J. TORQUATO (REAL OWNER)
PAOLA T. BAER,
A/K/A PAOLA T. TORQUATO (MORTGAGOR)
. CUMBERLAND COUNTY
COURT OF COMMON PLEAS
. CIVIL DIVISION
. NO. 99-2951 CIVIL
AMENDED
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
FIRST UNION NATIONAL BANK , Plaintiff in the above action, by
its attorney, FRANK FEDERMAN, ESQ., sets forth as of the date the
Praecipe for the Writ of Execution was filed the following
information concerning the real property located at 1071-11
1. Name and address of Owner(s) or reputed Owner(s):
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
MARCUS J. TORQUATO 1071-11 LANCASTER BOULEVARD
MECHANICSBURG, PA 17055
PAOLA T. BAER, A/K/A 100 FRAZER ROAD
PAOLA T. TORQUATO LEMOYNE, PA 17043-1624
1
2. Name and address of Defendant(s) in the judgment:
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
SAME AS ABOVE
3. Name and address of every judgment creditor whose judgment is
a record lien on the real property to be sold:
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
FIRST DEPOSIT 219 MAIN STREET
NATIONAL BANK TILTON, NH
SUNGUILD I AND II 1071-7 LANCASTER BOULEVARD
CONDO ASSOCIATION MECHANICSBURG, PA 17055
4. Name and address of the last recorded holder of every mortgage
of record:
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
FREDERICK M. LIDDELL 2201 NORTH 2ND STREET
HARRISBURG, PA
5
NONE
Name and address of every other person who has any record lien
on the property:
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
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 so indicate)
NONE
7. Name and address of every other person 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 so indicate)
SUNGUILD CONDOMINIUM C/o PMI
ASSOCIATION P.O. BOX 622
LEMOYNE, PA 17043
UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE
MECHANICSBURG, PA 17055
TENANT/OCCUPANT 1071-11 LANCASTER BOULEVARD
MECHANICSBURG, PA 17055
DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET
CUMBERLAND COUNTY CARLISLE, PA 17013
I verify that the statements made in this affidavit are
true and correct to the best of my personal knowledge or
information and belief. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating
to unsworn falsification to authorities.
November 8, 1999
DATE
RANK FED RMAN, ESQUIRE
ttorney or Plaintiff
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PRAECEPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
FIRST UNION NATIONAL BANK ,
Plaintiff ,
Vs.
MARCUS J. TORQUATO (REAL OWNER)
PAOLA T. BAER, A/K/A
PAOLA T. TORQUATO (MORTGAGOR)
Defendant(s)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 99-2951 CIVIL
PRAECII'F. FOR WRIT OF EXECUTION
(MORTGAGE FORE(: ASURE)
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due $45.441.56
Interest from 8/6/99 to $ 933.75 and Costs
12/8/99
(PER DIEM - $7.47)
$46.375.31 Total
FRANK FEDERMAN, ESQUIRE
TWO PENN CENTER PLAZA
SUITE 900
PHILADELPHIA, PA 19102
Attorney for Plaintiff
Note: Please attach description of property.
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DESCRIPTION
ALL THAT CERTAIN apartment dwelling unit situated in Singuild Condominium, Upper Allen
Township, Cumberland County, Pennsylvania, being designated as Unit No. 1071-I1 in the
Declaration, Code of Regulations and Declaration Plans of said condominium, recorded in the
Recorder of Deeds Office of Cumberland County, Pennsylvania, in Misc. Book 249, page 784;
Misc. Book 249, page 810; and Plan Book 37, page 23, respectively, under the provisions of the
Unit Property Act of July 3, 1986, P.L. 196.
TOGETHER with all the right of title and interest, being a 1.4416`?o interest, of, in and to the
Common Elements as more fully set forth in the aforesaid Declaration of Condominium and
Declaration Plans.
Tax Parcel 1f 42-24-0792-041
TITLE TO SAID PREMISES IS VESTED IN Marcus J. Torquato by reason of the following:
BEING THE SAME premises which Velvet S. Starr by Deed dated 5/17/85 and recorded 5/17/85 in
the County of Cumberland in Deed Book G-31 page 426 conveyed unto Paola T. Baer.
AND THE SAID Paola T. Baer and Marcus J. Torquato were married on 8/19/87 and were
divorced from the bonds of matrimony in Docket k 1994-1996 on 12/29/94.
AND ALSO BEING THE SAME premises which Paola T. Torquato f/k/a Paola T. Baer and
Marcus J. Torquato by Deed dated 12/17/97 and recorded 12/18/97 in the County of Cumberland in
Record Book 169 page 561 conveyed unto Marcus J. Torquato.
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FEDERMAN'AND PHELAN
By: FRANK FEDERMAN
Identification No. 12248
TWO Penn Center Plaza - Suite 900
Philadelphia, PA 19102
(215_) 563-7000
FIRST UNION NATIONAL BANK
1100 CORPORATE CENTER DRIVE
RALEIGH, NC 27607-5066
Vs.
MARCUS J. TORQUATO (REAL OWNER)
1071-11 LANCASTER BOULEVARD
MECHANICSBURG, PA 17055
Attorney for Plaintiff
. CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
PAOLA T. BAER, A/K/A
PAOLA T. TORQUATO (MORTGAGOR)
100 FRAZER ROAD
LEMOYNE, PA 17043-1624 NO. 99-2951 CIVIL
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against
TOROUATO (MORTGAGOR), Defendant(s) for failure to file an Answer to
Plaintiff's Complaint within 20 days from service thereof and for
Foreclosure and Sale of the mortgaged premises, and assess
Plaintiff's damages as follows:
As set forth in Complaint
Interest - 3/1/99 TO 8/6/99
TOTAL
$43,954.91
$1,486.65
$45,441.56
I hereby certify that (1) 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.
DAMAGES ARE HEREBY ASSESSED AS IND
DATE: G 0 - I( - f-l
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
FEDERMAN AND PHELAN
'Frank Federman, Esquire
Identification No. 12248
Two Penn Center Plaza
Suite 900
Philadelphia, PA 19102-1799
(215) 563-7000
FIRST UNION NATIONAL BANK
Plaintiff
vs.
MARCUS J. TORQUATO (REAL OWNER)
PAOLA T. TORQUATO,
A/K/A PAOLA T. BAER (MORTGAGOR)
Defendant (s) F,
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TO: PAOLA T. TORQUATO, A/K/A
100 FRAZER ROAD
LEMOYNE, PA 17043-1624
DATE OF NOTICE: JULY 15, 1999
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO.99-2951-CIVIL
PAOLA T. BAER (MORTGAGOR)
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.
ANY INFORMATION WE OBTAIN 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.
IMPORTANT NOTICE
You are in default because you have failed to 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
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
BAR ASSOCIATION
Frank Federman, Esquire
Attorney for. Plaintiff
FEDERMAN AND PHELAN
Frank Federman, Esquire
Identification No. 12248
Two Penn Center Plaza
Suite 900
Philadelphia, PA 19102-1799
(215) 563-7000
FIRST UNION NATIONAL BANK
Plaintiff
VS.
MARCUS J. TORQUATO (REAL OWNER)
PAOLA T. TORQUATO,
A/K/A PAOLA T. BAER (MORTGAGOR)
Defendant(s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
. CIVIL DIVISION
CUMBERLAND COUNTY
. NO.99-2951-CIVIL
f ALES 'I
TO: MARCUS J. TORQUATO(REAL OWNER)
1071-11 LANCASTER BOULEVARD
MECHANICSBURG, PA 17055
DATE OF NOTICE: JULY 15, 1999
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.
ANY INFORMATION WE OBTAIN 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.
IMPORTANT NOTICE
You are in default because you have failed to 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
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
BAR ASSOCIATION
Frank Federman, Esquire
Attorney for Plaintiff
FEDERMAN and PHELAN
By: FRANK FEDERMAN
Identification No. 12248 ATTORNEY FOR PLAINTIFF
Suite 900
Two Penn Center Plaza
Philadelphia, PA 19102
(215) 563-7000
FIRST UNION NATIONAL BANK CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
VS.
MARCUS J. TORQUATO (REAL OWNER)
PAOLA T. BAER,
A/K/A PAOLA T. TORQUATO (MORTGAGOR) NO. 99-2951 CIVIL
VERIFICATION OF NON-MILITARY SERVICE
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is
attorney for the Plaintiff in the above-captioned matter, and that
on information and belief, he has 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 MARCUS J. TORQUATO (REAL OWNER) is
Over 18 years of age and resides at 1071-11 LANCASTER BOULEVARD,
MECHANICSBURG, PA 17055.
(c) that defendant PAOLA T. BAER, A/K/A PAOLA T.
TORQUATO (MORTGAGOR) is over 18 years of age, and resides at 100
FRAZER ROAD, LEMOYNE, PA 17043-1624.
This statement is made subject to the penalties of 18 Pa.
C.S. Section 4904 relating to unsworn falsification to authorities.
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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FIRST UNION NATIONAL BANK
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Va.
MARCUS J. TORQUATO (REAL OWNER)
PAOLA T. BAER,
A/K/A PAOLA T. TORQUATO (MORTGAGOR) NO. 99-2951 CIVIL
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
FIRST UNION NATIONAL BANK Plaintiff in the above action, by
its attorney, FRANK FEDERMAN, ESQ., sets forth as of the date the
Praecipe for the Writ of Execution was filed the following
information concerning the real property located at 1071-11
LANCASTER BOULEVARD, MECHANICSBURG, PA 17055.
1. Name and address of Owner(s) or reputed owner(s):
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
MARCUS J. TOROUATO 1071-11 LANCASTER BOULEVARD
MECHANICSBURG, PA 17055
i -
PAOLA T. BAER, A/K/A 100 FRAZER ROAD
PAOLA T. TOROUATO LEMOYNE, PA 17043-1624
i
2. Name and address of Defendant(s) in the judgment:
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
SAME AS ABOVE
3. Name and address of every judgment creditor whose judgment is
a record lien on the real property to be sold:
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
FIRST DEPOSIT 219 MAIN STREET
NATIONAL BANK TILTON, NH
4. Name and address of the last recorded holder of every mortgage
of record:
LAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
FREDERICK M. LIDDELL 2201 NORTH 2ND STREET
HARRISBURG, PA
5.
NONE
Name and address of every other person who has any record lien
on the property:
NAME. LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
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 so indicate)
NONE
7. Name and address of every other person whom the plaintiff has
knowledge who has any interest in the property which may be
affected by the sale:
NAME
SUNGUILD CONDOMINIUM
UPPER ALLEN TOWNSHIP
TENANT/OCCUPANT
DOMESTIC RELATIONS OF
CUMBERLAND COUNTY
LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
C/o PMI
P.O. BOX 622
LEMOYNE, PA 17043
100 GETTYSBURG PIKE
MECHANICSBURG, PA 17055
1071-11 LANCASTER BOULEVARD
MECHANICSBURG, PA 17055
13 NORTH HANOVER STREET
CARLISLE, PA 17013
I verify that the statements made in this affidavit are
true and correct to the best of my personal knowledge or
information and belief. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. Sec. 4404 relating
to unsworn falsification to authorities.
,August 6, 1999i?a(Q
DATE FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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FIRST UNION NATIONAL BANK CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Vs. CIVIL DIVISION
MARCUS J. TORQUATO (REAL OWNER)
PAOLA T. BAER, A/K/A
PAOLA T. TORQUATO (MORTGAGOR) N0. 99-2951 CIVIL
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
August 6, 1999
TO: MARCUS J. TORQUATO PAOLA T. BAER, A/K/A
1071-11 LANCASTER BOULEVARD PAOLA T. TORQUATO
MECHANICSBURG, PA 17055 100 FRAZER ROAD
LEMOYNE, PA 17043-1624
**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, 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 1071-11 LANCASTER BOULEVARD
MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff's
Sale on DECEMBER S. 1999 at 10:00 a.m. in the Cumberland County
Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce
the court judgment of $45,441.56 obtained by FIRST UNION NATIONAL
BANK (the mortgagee) against you. If the sale is postponed, the
property will be relisted for the MARCH 1. 2000 Sheriff's 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:
1. The sale will be cancelled if you pay to the mortgagee
the back payments, late charges, costs and reasonable
attorney's fees due. To find out how much you must pay,
you may call: (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.)
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 Sheriff's 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 proposed schedule of distribution of the money
bid for your house will be prepared by the Sheriff not later than
thirty (30) days after the sale. The schedule shall be kept on
file with the Sheriff and will be made available for inspection in
his office. The 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 filing of
the proposed schedule.
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 ATORNEY REFERRAL
CUMBERLAND COUNTY BAR ASOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
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ALL THAT CERTAIN apartment dwelling unit situated in Singuild Condominium, Upper Allen
Township, Cumberland County, Pennsylvania, being designated as Unit No. 1071-11 in the
Declaration, Code of Regulations and Declaration Plans of said condominium, recorded in the
Recorder of Deeds Office of Cumberland County, Pennsylvania, in Misc. Book 249, page 784;
Misc. Book 249, page 810; and Plan Book 37, page 23, respectively, under the provisions of. the
Unit Property Act of July 3, 1986, P.L. 196.
TOGETHER with all the right of title and interest, being a 1.44161 interest, of, in and to the
Common Elements as more fully set forth in the aforesaid Declaration of Condominium and
Declaration Plans.
Tax Parcel # 42-24-0792-041
TITLE TO SAID PREMISES IS VESTED IN Marcus J. Torquato by reason of the following:
BEING THE SAME premises which Velvet S. Starr by Deed dated 5/17/85 and recorded 5/17/85 in
the County of Cumberland in Deed Book G-31 page 426 conveyed unto Paola T. Baer.
AND THE SAID Paola T. Baer and Marcus J. Torquato were married on 8/19/87 and were
divorced from the bonds of matrimony in Docket # 1994-1996 on 12/29/94.
AND ALSO BEING THE SAME premises which Paola T. Torquato f/k/a Paola T. Baer and
Marcus J. Torquato by Deed dated 12/17/97 and recorded 12/18/97 in the County of Cumberland in
Record Book 169 page 561 conveyed unto Marcus J. Torquato.
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FEDERMAN and PHELAN
By: FRANK FEDERMAN
Identification No. 12248
suite goo
Two Penn Canter Plaza
Philadelphia, PA 19102
(215) 563-7000
FIRST UNION NATIONAL BANK
ATTORNEY FOR PLAINTIFF
. CUMBERLAND COUNTY
. COURT OF COMMON PLEAS
. CIVIL DIVISION
Vs.
MARCUS J. TORQUATO (REAL OWNER)
PAOLA T. BAERI A/K/A
PAOLA T. TORQUATO (MORTGAGOR)
. NO. 99-2951 CIVIL
CERTIFICATION
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is
attorney for the Plaintiff in the above-captioned matter, and that
the premises are not subject to the provisions of Act 91
because it is:
( ) an FHA mortgage
( ) non-owner occupied
( ) vacant
(XX) 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
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
TWO PENN CENTER PLAZA, SUITE. 900
PHILADELPHIA, PA 19102
(215) 563-7000
FIRST UNION NATIONAL BANK,
1100 CORPORATE CENTER DRIVE
RALEIGH, NC 27607-5066
Plaintiff
V.
MARCUS J. TORQUATO(Real Owner)
PAOLA T. BAER,
A/K/A PAOLA T. TORQUATO(Mortgagor)
1071-11 LANCASTER BOULEVARD
MECHANICSBURG, PA 17055
Defendant(s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. qq-ags/ &
CUMBERLAND COUNTY
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
NOTICE
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
ASSOCIATION
1. Plaintiff is
FIRST UNION NATIONAL BANK
1100 CORPORATE CENTER DRIVE
- RALEIGH, NC 27607-5066
2. The name(s) and last known address(es) of the Defendant(s)
are
MARCUS J. TORQUATO(Real Owner)
PAOLA T. BAER,
A/K/A PAOLA T. TORQUATO(Mortgagor)
1071-11 LANCASTER BOULEVARD
MECHANICSBURG, PA 17055
who is/are the mortgagor(s) and real owner(s) of the
property hereinafter described.
3. On 5/17/85 PAOLA T. BAER made, executed and delivered a
mortgage upon the premises hereinafter described to HILL
FINANCIAL SAVINGS ASSOCIATION which mortgage is recorded in
the Office of the Recorder of CUMBERLAND County, in Mortgage
Book No. 778, Page 233. PLAINTIFF is now the legal owner of
the mortgage and is in the process of formalizing an
assignment of same.
4. The premises subject to said mortgage is described as
attached.
5. The mortgage is in default because monthly payments of
principal and interest upon said mortgage due 11/1/98 and
each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of mortgagor to make such
payments after a date specified by written notice sent to
Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith. A copy of such notice is
attached as Exhibit °A.°
6. The following amounts are due on the mortgage:
Principal Balance $40,786.48
Interest 1,430.55
10/1/98 through 3/1/99
(Per Diem $9.35)
Attorney's Fees 800.00
Cumulative Late Charges 120.79
5/17/85 to 3/1/99
Cost of Suit and Title Search 550.00
Subtotal 43,687.82
Escrow
Credit 0.00
Deficit 267.09
Subtotal 267.09
TOTAL $43,954.91
7. The attorney's fees set forth above are in conformity with
the Mortgage documents and Pennsylvania Law, and will be
collected in the event of a third party purchaser at
Sheriff's Sale. If the Mortgage is reinstated prior to the
Sale, reasonable attorney's fees will be charged.
8. Notice of Intention to Foreclose has been sent to
Defendant(s) by Certified Mail, as required by Act 6 of 1974
hereto as Exhibit "A".
9. 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
"B"• or
(ii) Defendant(s) application for assistance has been
rejected by the Pennsylvania Housing Finance Agency.
10. Pursuant to the Fair Debt Collection Practices Act, 15
U.S.C. 5 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.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the
Defendant(s) in the sum of $43,954.91, together with interest
from 3/1/99 at the rate of $9.35 per diem to the date of
Judgment, and other costs and charges collectible under the
mortgage and for the foreclosure and sale of the mortgaged
property.
s Frank Federman
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
FEDERMAN AND PHELAN
Suite 900
Two Penn Center Plaza
Philadelphia, PA 19102-1799
215-241-1711
Fax: 215-568-7617
Representing Lenders in
Pennsylvania and New Jersey
April 7, 1999
CERTIFIED MAIL
Marcus J. Torquato
1071-11 Lancaster Blvd.
Mechanicsburg, PA 17055
Re: Loan No.:9720326
NOTICE OF INTENTION TO FORECLOSE
We represent First Union National Bank, servicer for the holder of a
mortgage on your property located at 1071-11 Lancaster Blvd., Mechanicsburg, PA
17055, which mortgage is in SERIOUS DEFAULT because you have not made the monthly
payment of $555.35 for 11/1/98 through 4/1/99 and or because N/A. Late charges
(and other charges) have also accrued in the amount of $105.75. The total amount
now required to cure this default, or in other words, get caught up in your
payments, as of the date of this letter is $3,437.85.
THIS FIRM ISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU. LM a_;.*,TTEMIPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND
------- *,..:'Y 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.
You may dispute the validity of the debt or any portion thereof. If you
do so in writing within thirty (30) days of receipt 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 (30) days
of receipt of this letter, this firm will send you the name and address of the
original creditor if different from above.
You may cure this default within THIRTY (30) DAIS of the date of this
letter, by paying to us the above amount of $3,437.85, plus any additional
monthly payments and late charges which may fall due during this period. Such
payment must be made in the form of certified check, cashier's check or money
order, and made at Suite 900, Two Penn Center Plaza, Philadelphia, PA 19102.
If you do not cure this default within THIRTY (30) DAYS, we intend to
exercise our right to accelerate the mortgage payments. This means whatever is
owing on the original amount borrowed will be considered due immediately and you
may lose the chance to pay off the original mortgage in monthly payments. If
full payment of the amount of default is not made within THIRTY (30) DAYS, we
181T A
also intend to start a lawsuit to foreclose on Your mortgaged property.
If the mortgage is foreclosed, your mortgaged property will be sold b
Sheriff to pay off the mortgage debt. If you cure the default before we begin
legal proceedings against by the
attorney's fees actually in ou, you will still have to
are started against pal the reasonable rred up you, you will have to
However, if legal proceedings
Pay asonabe 's
if they are over $50.00. Any attorney's feestwill be added to whatever us, which may also include our reasonable costs. if attorney fees even
the thirty day period, you will not be re You cure this default within
HAVE THE RIGHT. TO RE INSTATE qui red to pay the attorney's fees.
IlI FORECLOSURE PROCEEDINGS THE ANp?N-ER ACCELERATION AND THE RIGHT TO ASSERT S YU
MAY HAVE TO ACCELERATION E7CSSTENCE OF A DEFAULT OR ANY THE
I AND FORECLOSURE. OTHER DEFENSE E YOU
We may also sue
other sums due u der you personally for the unpaid principal balance and all
thirty day period and
the foreclosure proceedings have cbegun he default within the till the
right to cure the default and prevent the sale at any time upyto one hour before
the Sheriff's foreclosure sale. You may do so by paying the total due, as well
as the reasonable attorney's fees and costs incurred in connection with the
foreclosure sale (and perform any other requirements under the mortgage). It is
estimated that the earliest date that such a Sheriff's Sale could be held would
be approximately six months from the date of this letter. A notice of the 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 at any time exactly what the required payment will be by calling us at the
following number: Y find out
check, cashier's check) or money o der and made payable in the form certified
stated above. to us at t the address
You should realize that a Sheriff's Sale will end your ownership of the
mortgaged property and your right to remain in it. If you continue to live in
the property after the Sheriff's Sale, a lawsuit could be started to evict you.
You have additional rights to help protect your interests in the property.
YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MNEY TO PAY OFF THE MRTGAGE
DEBT, OR To BORROW MONEY FROM ANOTHER LEMING INSTITUTION TO PAY OFF THIS DEBT
(YOU MAY HAVE THE RIGHT TO BELL OR TRANSFER THE PROPERTY SUBJECT To THE MORTGAGE
O Op?=UkN=E;= WHO RT3 CAARGES WILL ASS THE S'A'GE DEBT, PROVIDED THAT ALL TIM
AT THE SALE AND AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR
CONTACT L A Dg T THE OTHER REQUIREMENTS UNDER THE NORTGAGE ARE SATISFIED.)
RIGHT CT HAVE THIS DEFAULT ER WHAT CIRCM-MMMCES THIS MIGHT EXIST. YOU HAVE THE
i CURED BY ANY THIRD PARTY ACTING ON YOUR BERALF.
If you cure this default, the mortgage will be restored to the same
position as if no default had occurred. However, you are not entitled to this
right to cure your default more than three (3) times in any calendar year.
Very truly yours,
F ERMAN A p
BY o
F Ink Federman
FF:11
cc: First Union Mortgage Corporation (NC)
Attn:Klm Johnson
CERTIFIED MA:L NCS.: Loan No.:5720326
1 '. 339 154 32.
PAOLA TORQUATO
First Union Mortgage Corporation
Post omce Box g00001
Raleigh, North Carolina 27676,9001
1100 Corporate Center Drive
Raleigh, North Carolina 276074066
1071 11 LANCASTER BL
MECHANICSBURG, PA 17055
February 16, 1999
RE: FUMC Loan Number 9720326
NOTICE. OF INTENTION TO FORECLOSE
First Union Mortgage Corporation is the holder of the mortgage on your property located at 1071 l l
LANCASTER BL, which mortgage is in SERIOUS DEFAULT because you have not made the current
monthly payment of 555.35 for 11/0111998 through 02/01/1999. Late charges (and other charges) have
also occurred in the amount of 90.71. The total amount now required to cure this default, or in other
words, get caught up in your payments, as of the date of this letter is 2363.86.
You may dispute the validity of the debtor any portion thereof. Ifyou do so in writing within thiity (30)
days of receipt of this letter, we will obtain and provide you with written verification thereof, otherwise,
the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter,
we will send you the name and address of the original creditor if different from above.
You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above
amount of 2363.86. plus any additional monthly payments and late charges which may fall due during this
period. Such payment must be made in the form of certified check, cashier's check or money order, and
made at First Union Mortgage Corporation, ATTN: Cash Processing, P.O. Box 900001, Raleigh, NC
27675-9000.
If you do not cure this default within THIRTY (30) DAYS, we intend to exercise our rightbto cacncelerate the
mortgage payments. This means whatever is owing on the original amount borrowed will e osidered
due immediately and you may lose the chance to pay off the original mortgage in monthly payments. If
the full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to start a
lawsuit to foreclose on your mortgaged property.
If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to payoff the mortgage
debt. If you cure the default before we begin legal proceedings against you, you will still have to pay the
reasonable attomey's fees actually incurred up to $50.00. However, if legal proceedings are started against
you, you will have to pay the reasonable attomey's fees even if they are over $50.00. Any attorney's fees
will be added to whatever you owe us, which may also include our reasonable costs. If you cure this
default within the THIRTY (30) DAY period, you will not be required to pay the anomey's firs. YOU
HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN
F
V.-A HISITA
THE FORECLOSURE PROCEEDINGS THE NON-EXISTANCE OF A DEFAULT OR ANY OTHER
DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE.
We may also sue you personally for the unpaid principal balance and all other sums due under the
mortgage. If you have not cured the default within the THIRTY (30) DAY period and foreclosure
proceedings have begun, you still have the right to cure the default and prevent sale at any time up to one
hour before the Sheriffs foreclosure sale. You may do so by paying the total due, as well as the reasonable
attorney's fees and cost incurred in connection with the foreclosure sale (and perform any other
requirements under the mortgage). It is estimated that the earliest date that such a Sheriffs Sale could be
held would be approximately six months from the date of this letter. A notice of the date of the Sheriffs
Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the
longeryou wait. You may find out anytime exactly what the required payment will be by calling us at the
following number: 1.800-654-1350. This payment must be in the form of certified check, cashier's check
or money order and made payable to us at the address stated above.
You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right
to remain in it. If you continue to live in the property after the Sheriffs Sale, a lawsuit could be started to
evict you.
You have additional rights to help protect your interests in the property. YOU 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 (YOU
MAY HAVE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO
A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT
ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE
PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS UNDER THE
MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCE
THIS MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD
PARTY ACTING ON YOUR BEHALF.
If you cure this default, the mortgage will be restored to the same position as if no default has occurred.
However, you are not entitled to this right to cure your default more than three (3) times in any calendar
year.
Sincerely,
Vaa4e Soma
David Smith
Delinquency Control
Mortgage Loan Servicing Group
BLPA01
EXHIBITA
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE
i
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.
The commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance
Program may be able to help you. Read the following notice to find out how the
program works.
If you need more information call the Pennsylvania Housing Finance Agency
at 1(800) 342-2397.
La notification en adjunto es de suma importancia, pues afecta su derecho a
continuar viviendo en su casa. Si no comprende el contenido de esta notification
obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing
Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para
un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance
Program" el cual puede salvar su casa de la perdida del derecho a redimir su
hipoteca.
ACT 9
IMPORTANT: NOTICE OF HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM
PLEASE READ THIS NOTICE.
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
Date April 9, 1999 (Corrected Verbiage)
RE: Account No. 9720326
Premises: 1071-11 Lancaster Blvd, Mechanicsburg, PA 17055
TO: Marcus J. Torquato
1071-11 Lancaster Blvd.
Mechanicsburg, PA 17055
FROM: Federman and Phelan, attorney for First Union National Bank
You may be eligible for financial assistance that will prevent foreclosure
on your mortgage if you comply with the provisions of the Homeowners' Emergency
Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency
temporary assistance if your default has been caused by circumstances beyond your
control, you have a reasonable prospect of resuming your mortgage payments, and
if you most other eligibility requirements established by the Pennsylvania
Housing Finance Agency. Please read all of this Notice. It contains an
explanation of your rights.
Under the Act, you are entitled to a temporary stay of foreclosure on your
mortgage for thirty (30) days from the date of this Notice. During that time you
must arrange and attend a "face-to-face" meeting with a representative of this
lender, or with a designated consumer credit counseling agency. The purpose of
this meeting is to attempt to work out a repayment plan, or to otherwise settle
your delinquency. This meeting must occur in the next (30) days,
Exkim1T OBS
If you attend a face-to-face meeting with this lender, or with a consumer
credit counseling agency identified in this notice, no further proceeding in
mortgage foreclosure may take place for thirty (30) days after the date of this
meeting. As representative of the mortgage holder, our name and address is:
FEDERMAN AND PHELAN, SUITE 900, TWO PENN CENTER PLAZA, PHILADELPHIA, PA 19102;
Telephone Number: (215) 563-7000.
The names and address of designated consumer credit counseling agencies are
shown on the attached sheet. It is only necessary to schedule one face-to-face
meeting. You should advise this lender immediately of your intentions.
Your mortgage is in default because you failed to pay promptly installments
of principal and interest, as required, for a period of at least sixty (60) days.
The total amount of the delinquency is $3,437.85.
That sum includes the following:
Total of Principal plus interest (as Mortgage Terms Expired) including all
accrued late charges, if any: $33,437.85
Property Inspections and NSF check charges,
if any:
Other charges accrued, if any
LESS: Suspense (unapplied funds)
TOTAL DUE:
0.00
0.00
0.00
$3,437.85
Your mortgage is also in default for the following reasons: N/A .
If you have tried and are unable to resolve this problem at or after your
face-to-face meeting, you have the right to apply for financial assistance from
the Homeowners' Emergency Mortgage Assistance Fund. in order to do this, you
must fill out, sign and file a completed Homeowners' Emergency Assistance
Application with one of the designated consumer credit counseling agencies listed
on the attachment. An application for assistance may only be obtained from a
consumer credit counseling agency. The consumer credit counseling agency will
assist you in filling out your application and will submit your completed
application to the Pennsylvania Housing Finance Agency. Your application must be
filed or postmarked, within thirty (30) days of your face-to-face meeting.
It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the
other time periods set forth in this letter, foreclosure may proceed against your home immediately.
Available funds for emergency mortgage assistance are very limited. They
will be disbursed by the Agency under the eligibility criteria established by the
Act.
It is extremely important that your application is accurate and complete in
every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to
make a decision after it receives your application. During that additional time,
no foreclosure proceedings will be pursued against you if you have met the time
requirements set forth above. You will be notified directly by that Agency of
its decision on your application.
The Pennsylvania Housing Finance Agency is located at 2101 North Front
Street, Post Office Box 8029, Harrisburg, Pennsylvania 17105. Telephone No.
(717) 780-3800 or 1-800-342-2397 (toll free number). Persons with impaired
0H1 ?IN 0 BA
hearing can call 1-800-342-2397.
In addition you may receive another notice from this lender under Act 6 of
1979. That notice is called "Notice of intention Co Foreclose", You must read
both notices, since they both explain rights that you now have under Pennsylvania
law. However, if you choose to exercise your rights described in this notice,
you cannot be foreclosed upon while you are receiving that assistance.
very truly yours,
FE pp7 PH?1'IPRN
By: /Ltvw
Frank Federman
FF/11
cc: First Union Mortgage Corp. (NC)
Attn:Kim Johnson Loan No.:9720326
Sent by Regular Mail, Certificate of Mailing (PS Form 3877)
jEV`a,.T .gp
PAOLA TORQUATO
First Union Mortgage Corporation
Post Ortics Boa 9110001
Raleigh, North Carolina 276763001
1100 Corporate Center Drive
Raleigh, North Carolina 276075066
1071 11 LANCASTER BL
MECHANICSBURG, PA 17055
February 16,1999
RE: FUMC Loan Number 9720326
Property Address 1071 11 LANCASTER BL
MECHANICSBURG, PA 17055
From: First Union Mortgage Corporation, owner and holder or agent for owner and holder for the
referenced Mortgagor (s).
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE
The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance Program may be
able to help you. Read the following notice to find out how the program works.
If you need more information call the Pennsylvania Housing Finance Agency at 1-800-3423-397.
La notification en adjunto es de sums inportancia, pues afecta so derecho a continuar viviendo en su casa.
Si no comprende el contenido esta notification obtenga una traduccion immediatamente Ilamanda esta
agencia (Pennsylvania Housing Finance Agency) sin cargos al numero meniconado arriba. Puedes sec
elegible pars un prestamo por el programa Ilamado "Homeowner's Emergency Mortgage Assistance
Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca.
ACT 91 NOTICE
IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE
PROGRAM
PLEASE READ THIS NOTICE.
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
You may be eligible for financial assistance that will prevent foreclosure on your mortgage if
EXHIBIT B
You comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of
1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has
been caused by circumstances beyond you control, you have a reasonable prospect of resuming
you mortgage payments, and if you meet other eligibility requirements established by the
Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an
explanation of you rights.
Under the Act, you are entitled to a temporary stay of foreclosure of your mortgage for thirty (30) days
from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with
a representative of the lender, or with a designated consumer credit counseling agency. The purpose of
this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This
meeting must occur in the next thirty (30) days.
If you attend a face to face meeting with this lender, or with a consumer credit counseling agency identified
in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the
date of this meeting. Your mortgage holder is First Union Mortgage Corporation, 1100 Corporate Center
Drive, Raleigh, NC 27607, telephone number 1-800-654-1350.
The names and addresses of designated consumer credit counseling agencies are shown on the attached
sheet. It is only necessary to schedule one face-to face meeting. You should advise your lender
immediately of your intentions.
I
Your mortgage is in default because you failed to pay promptly installments of principal and interest, as
required, for a period of at least sixty (60) days. The total amount of the delinquency is 2363.86.
i
i That sum includes the following:
Total of 4 monthly payment(s) from
11/01/1998 to 02/01/1999
I 2221A0
i
Late Charges 90.71
Prope y
' rty inspections and NSF check charges, if an 0.00
Other charges accrued, if any 51.75
LESS: Suspense (unapplied funds): -0.00
i
TOTAL AMOUNT OF DELINQUENCY: 2363.86
Your mortgage is also in default for the following reasons: N/A
If you have tried and are unable to resolve this problem at or after your face to face meeting, you have the
right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In
order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance
Application with one of the designated consumer credit counseling agencies listed on the attachment. An
application for assistance may only be obtained from a consumer credit counseling agency. The consumer
credit counseling agency will assist you in filling out your application and will submit your completed
application to the Pennsylvania Housing Finance Agency. Your applications must be filed or postmarked,
within thirty (30) days of your face-to face meeting
It is extremely important (hat you frle your application promptly: If you do not do so, or ifyou do not
follow the other times periods set forth in this letter, foreclosure mm, proceed against your home
EXHIBIT 13
immediately
is extremely important that your application
Housing Finance Agency is accurate and complete in every respect. The Pennsylvania
H has sixty (60) days to make a decision after it receives your application. During
that additional time, no foreclosure proceedings will be pursued against you if
application. You have met the time
requirements set forth above. You will be notified directly by that Agency of its decision of your
The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office Box 8029,
Harrisburg, Pennsylvania 17105. Telephone No. (717) 780-3800 or 1.800-342-2397 (to)l free number),
Persons with impaired hearing can call 1-800-342.2397.
In addition you may receive another notice from this lender under Act 6 of 1974. That notice is called
"Notice of Intention to Foreclose". You must read both notices, since they both explain your rights that
you now have under Pennsylvania law. However, if you choose to exercise your rights described in this
notice, you cannot be foreclosed upon while you are receiving that assistance.
Sent by Regular Mail, Certificate of Mailing (PS Form 3877)
Sincerely,
David Smith
Delinquency Control
Mortgage Loan Servicing Group
BLPA02
EXW31T B
.
:ikw PE.N'NSYLDA.N'jA HOCSPiG FLNA_.NCE AGENCY
HOPYIEOWNER'S E:14ERGE_tiCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELDiG AGENCIES
CRA 'FORD COL Ty
Hooker T. Washfnston Center
1720 Holland Sm_et
E^.e. PA 16;0.-
(814) 453-574.:
FAX x (814) 453.5749
John P. Kennedv Center, Inc.
'2021 Fast 20th Street
^e. PA 16510
(814) 898-0400
FAX Y (814) 898-1243
Greater. Erie Cc=uniry Action Com:nimee
I8 wes: sixth Street
E-ie, PA 16501
(874) 459-581
FAX # (814) ;56.0161
Shenaaee Valley Urbank League. Inc.
601 Indiana Avenue
Fa:,11, P.: 16121
(4L2) 987-5310
CL2IBERLA-\-D COL1-'y
Consumer Credit Counse!iag Serrice of wes.em Pe--?v!.;a )- Inc.
2000 Linglestowa Road
Harrisburg, PA 1,102
(717 541-1757
FAX = (912) 731-9589
F1-mancal Cot= elioz Services of Frans-iim
31 West 3rd Scet
Waynesboro, P.A 17268
(717) 762-3_85
Urban Leacue of :vietropol!t_ Fa.:s =t
2107 !forth Eta Street
Hax-isb=Z, PA 17101
( 17 -- =P'-5
FAX = (717
Co =naizv Action Can=,:.fission of the Caoiml Region
151= Derry Street
La.:Sb=-. PA 1711:
(717 23_-9757
F.z,.X = (717) 23- 22 i
r,WCA of Carlisle
301 0.5¢eet
Carlisle, PA 1%!3
( 17 3818
F.t-X 3 (717 731-9589
i :_ Pe=r, 1v,-nix :ic•.sing t:.-.any A,-e,r Se :eac:ed TOLL FRS at 1(800) 34-1-23-9-1
??1vl l V
Premises; 1071-11 LANCASTER BOULEVARD,
CUMBERLAND COUNTY
PENNSYLVANIA
TOWNSHIP OF UPPER ALLEN
Based upon the examination of evidence in the appropriate public records, Company certifies that
the premises endorsed hereon are subject to the liens, encumbrances and exceptions to title
hereinafter set forth. This Certificate does not constitute title insurance; liability hereunder is
assumed by the Company solely in its capacity as an abstractor for its negligence, mistakes or
omissions in a sum not to exceed Two Thousand Dollars.
DESCRIPTION
ALL THAT CERTAIN apartment dwelling unit situated in Singuild Condominium, Upper Allen
Township, Cumberland County, Pennsylvania, being designated as Unit No. 1071-11 in the
Declaration, Code of Regulations and Declaration Plans of said condominium, recorded in the
Recorder of Deeds Office of Cumberland County, Pennsylvania, in Misc. Book 249, page 784;
Mise, Book 249, page 810; and Plan Book 37, page 23, respectively, under the provisions of the
Unit Property Act of July 3, 1986, P.L. 196.
TOGETHER with all the right of title and interest, being a 1.4416% interest, of, in and to the
Common Elements as more fully set forth in the aforesaid Declaration of Condominium and
Declaration Plans.
Tax Parcel # 42-24-0792-041
VERIFICATION
J`"^y C-p+,., hereby states that he/she is (ass s?
t v cyc P.?, ?rlc .,f J?
Of F1i ,t UN... .• HI j'''?0.?'? C[ii (fp I'ti 1[G?
mortgage servicing agent for Plaintiff in this matter, that he/she
is authorized to take this Verification, and that the statements
made in the foregoing Civil Action in Mortgage Foreclosure are true
and correct to the best of his/her knowledge, information and
belief. The undersigned understands that this statement is made
subject to the penalties of 18 Pa. C.s. Sec. 4904 relating to
unsworn falsification to authorities.
DATE: ?• ??
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-02951 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST UNION NATIONAL BANK
VS.
TORQUATO MARCUS J ET AL
CHRISTOPHER EVANS Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within REINSTATED NOTICE AND
upon BAER PAOLA T A/K/A TORQUATO PAOLA T was served
defendant, at 14:21 HOURS, on the 24th day of June the
1999 at 100 FRAZER ROAD
LEMOYNE, PA 17043
CUMBERLAND
County, Pennsylvania, by handing to PAOLA TORQUATO
a true and attested copy of the REINSTATED NOTICE AND
together with COMPLAINT IN MORTGAGE FORECLOSURE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs So anAx-%i.
Docketing 18.00
Service 9;00
Affidavit
Surcharge 8.00
omas i e i
$35 .737-FEDIR & PHELAN
06/25 1999
by
Sworn and subscribed before me
this •? S « day o
1992 A.D.
a - AQ
i
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FIRST UNION NATIONAL BANK
Plaintiff CIVIL DIVISION
Vs. No. 99-2951 CIVIL
MARCUS J. TORQUATO (REAL OWNER)
PAOLA T. BAER,
A/K/A PAOLA T. TORQUATO (MORTGAGOR)
Defendants
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129
COMMONWEALTH OF PENNSYLVANIA
SS:
CUMBERLAND COUNTY
I, FRANK FEDERMAN, ESQ., attorney for FIRST UNION
NATIONAL BANK , hereby verify that on AUGUST 9, 1999 AND
NOVEMBER 1, 1999, true and correct copies of the Notice of
Sheriff's Sale were served by certificate of mailing to the
recorded lienholder(s), and any known interested party, see
Exhibit "All attached hereto, and the Notice of Sale was sent to
defendant(s) on AUGUST 9, 1999 by first class mail and certified
mail return receipt requested, see Exhibit "B" attached hereto.
FRANK F DERMAN, ESQUIRE
Attorne for Plaintiff
Date: November 8, 1999
C5. .
ILI
6F cn
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FEDERMAN AND PHELAN
BY: FRANK FEDERMAN, ESQUIRE
Identification No. 12248
Suite 900
Two Penn Center Plaza
Philadelphia, PA 19102
(215)563-7000
FIRST UNION NATIONAL BANK
Plaintiff
VS.
MARCUS J. TORQUATO(REAL OWNER)
PAOLA T. BAER,
A/ K/ A P A 0 L A T
TORQUATO(MORTGAGOR)
Defendants
Attorney for Plaintiff
COURT OF COMMON PLEAS
. CIVIL DIVISION
. Cumberland County
No. 99-2951-CIVIL
PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Kindly reinstate the Civil Action in Mortgage Foreclosure with
reference to the above captioned matter.
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
Date: June 17. 1999
im=
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CV
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I
V
.j SHERIFF'S RETURN - REGULAR
CASE NO: 1999-02951 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST UNION NATIONAL BANK _
VS.
TORQUATO MARCUS J ET AL
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within NOTICE AND COMPLAINT IN was served
upon TORQUATO MARCUS J the
defendant, at 16:35 HOURS, on the 18th day of May
1999 at 1071-11 LANCASTER BOULEVARD
MECHANICSBURG, PA 17055 CUMBERLAND
County, Pennsylvania, by handing to MICHAEL J. BARBER (ADULT IN
CHARGE)
a true and attested copy of the NOTICE AND COMPLAINT IN
together with MORTGAGE FORECLOSURE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So answers:
18.00
8.06
.00
8.00 om -
$34.06 FEDER
7AN 1999 PHELAN
05/19
by
rpur br,:L\
Sworn and subscribed to before me
this day of --
4 SHERIFF'S RETURN - REGULAR
CASE NO: 1999-02951 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST UNION NATIONAL BANK
VS.
TORQUATO MARCUS J ET AL
KENNETH GOSSERT Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within NOTICE AND COMPLAINT IN was served
upon _BAER PAOLA T A/K/A TORQUATO PAOLA T the
defendant, at 16:35 HOURS, on the 18th day of May
1999 at 1071-11 LANCASTER BLVD
MECHANICSBURG, PA 17055 CUMBERLAND
County, Pennsylvania, by handing to MICHAEL J. BARBER ( ADULT IN
CHARGE)
a true and attested copy of the NOTICE AND COMPLAINT IN
together with MORTGAGE FORECLOSURE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So answers-
6.00
.00
.00 2
8.00 ff-I omas ine, 5 i
$14.00 FEDER AN & PHELAN
05/19/1999
by
Sworn ands subscribed_to before me
this -IL day of -?=N ??
a-,.-
STATE OF PENNSYLVANIA,
COUNTY OF CUMBERLAND ss.
I1--------------- Robert ---------------- ------------------------------------------ Recorder of
Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ____________
--First Uniofl N??iQIIdL.Bsulk--------------------------------------------------- is the grantee
the same having been sold to said grantee on the ----------- Lqt ----------------------- day of
------ March ----------------------------- A. D., ML-20J11 -, under and by virtue of a writ --------------
----- Execution --------------------------------issued onthe---- 1.1x11__---------------------__
----------- ---
day of --------August __________ A. D. 19-25L--, out of the Court of Comman Pleas of said County as of
--------- - jqiyja------------------------------------------------------------------ Term, 19_99----
Number__a51-------- at the suit of ___First Union National ---------
----------------------------------- against- Marcus-i Torquato (Real Owner) Paola T Bed
------- ------
------------
AKA Paola T Torquato (Mortgagor)
duly recorded in Sheriff's Deed Book No. 217______, Page 1045----
IN TESTIMONY WHEREOF, I have hereunto
set my hand and seal of said office this day
of ----- --------------- A. D., r25_rr.
J<? Rem of Deals
hordtx of W* QwletyM o w4, ce t, FA
MY litatm4 Nfap a theFlit*oft d1!sXV
First Union National Bank In the Court of Common Pleas of
-vs- Cumberland County, Pennsylvania
Marcus J. Torquato, Paola T. Bear No. 99-2951 Civil Term
A/k/a Paola T. Torquato
Shannon M. Sunday, Deputy Sheriff, who being duly sworn according to law, says on
October 1, 1999 at 10:10 o'clock A.M. EDST, she posted a copy of Real Estate Writ
Notice Poster and Description in the above entitled action on the property of Marcus J.
Torquato and Paola T. Baer aka Paola T. Torquato located at 1071-11 Lancaster
Boulevard, Mechanicsburg, Cumberland County, Pennsylvania according to law.
David McKinney, Deputy Sheriff who being duly sworn according to law, says on
August 16, 1999 at 3:51 o'clock P.M. EDST, he served a copy of Real Estate Writ Notice
and Description in the above entitled action upon one of the within named defendants to
wit: Marcus J. Torquato, by making known unto Mike Barber, roommate at 1071-11
Lancaster Blvd. Mechanicsburg Cumberland County, Pennsylvania its contents and at the
same time handing to him personally the said true and attested copies of the same.
David McKinney, Deputy Sheriff, who being duly sworn according to law, says on
August 16, 1999 at 6:14 o'clock P.M. EDST, he served a copy of Real Estate Writ Notice
and Description in the above entitled action upon one of the within named defendants to
wit: Paola Baer aka Paola Torquato by making known unto Paola Bear at 100 Frazer
Road, Lemoyne, Cumberland County, Pennsylvania, its contents and at the same time
handing to her personally the said true and attested copies of the same.
Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, says on
October 4, 1999 at 11:00 o'clock A.M. EDST, he served a copy of Real Estate Poster in
the above entitled action upon one of the wihtin named defendants to wit: Marcus
Torquato, by making known unto Michael Barber Roommate at 1071-11 Lancaster Blvd,
Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time
handing to him personally the said true and attested copies of the same.
Dawn L. Kell, Deputy Sheriff, who being duly sworn according to law, says on
September 30, 1999 at 5:54 o'clock P.M. EDST, she served a copy of Real Estate Poster
in the above entitled action upon one of the wihtin named defendants to wit: Paola T Baer
aka Paul Torquato by making known unto Paola Baer at 100 Frazer Road, Lemoyne,
Cumberland County, Pennsylvania, its contents and at the same time handing to her
personally the said true and attested copies of the same.
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: Marcus J. Torquato by first class mail to his last known address 1071-11 Lancaster
Blvd, Mechanicsburg, Pennsylvania. This letter was mailed under the date of October 5,
1999 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 by I` class mail to the within named
defendant to wit: Paola T. Baer aka Paola Torquato to her last known address 100 Frazer
Road, Lemoyne, Pennsylvania This letter was mailed under the date of October 5, 1999
and never returned 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 above described premises at
public venue or outcry at Courthouse, Carlisle, Cumberland County, Pennsylvania on
March 1, 2000 and sold the same to Attorney Dale Shughart for First Union National
Bank for the sum of $ 1.00 It being the highest bid and best price quoted for the same
First Union National Bank of 1100 Corporate Drive, Raleigh North Carolina, being the
buyer in this execution paid to Sheriff R. Thomas Kline the sum of $ 841.98 it being
costs.
Sheriff's Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
County
Mileage
Certified Mail
Levy
Postpone sale
Surcharge
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriffs Deed
Sworn and Subscribed To Before Me
This 3U Day of 7MAAA1,,
2000, A.D.
Prothonotary
30.00
16.51
15.00
15.00
30.00
10.00
.50
1.00
16.74
1.85
15.00
20.00
24.00
260.00
311.25
23.63
25.00
26.50
$ 841.98 Pd by Atty
03/20/00
So
R. Thomas Kline, Sheriff
By
Real Estate Deputy
30
U` ? ? ,y .7A
??YL
FIRST UNION NATIONAL BANK
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
VS.
MARCUS J. TORQUATO (REAL OWNER)
PAOLA T. BAER,
A/K/A PAOLA T. TORQUATO (MORTGAGOR) NO. 99-2951 CIVIL
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
FIRST UNION NATIONAL BANK , Plaintiff in the above action, by
its attorney, FRANK FEDERMAN, ESQ., sets forth as of the date the
Praecipe for the Writ of Execution was filed the following
information concerning the real property located at 1071-11
LANCASTER BOULEVARD, MECHANICSBURG, PA 17055.
1. Name and address of Owner(s) or reputed owner(s):
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
MARCUS J. TOROUATO 1071-11 LANCASTER BOULEVARD
MECHANICSBURG, PA 17055
PAOLA T. BAER, A/K/A 100 FRAZER ROAD
PAOLA T. TOROUATO LEMOYNE, PA 17043-1624
2. Name and address of Defendant(s) in the judgment:
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
SAME AS ABOVE
3. Name and address of every judgment creditor whose judgment is
a record lien on the real property to be sold:
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
FIRST DEPOSIT 219 MAIN STREET
)NATIONAL BANK TILTON, NH
4. Name and address of the last recorded holder of every mortgage
of record:
NAME LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
FREDERICK M. LIDDELL 2201 NORTH 2ND STREET
HARRISBURG, PA
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 so 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 so indicate)
NONE
7. Name and address of every other person whom the plaintiff has
knowledge who has any interest in the property which may be
affected by the sale:
NAME
UPPER ALLEN TOWNSHIP
E T OCCUPANT
DOMESTIC RELATIONS OF
CUMBERLAND COUNTY
LAST KNOWN ADDRESS (if address
cannot be reasonably ascertained,
please so indicate)
C/o PHI
P.O. BOX 622
LEMOYNE, PA 17043
100 GETTYSBURG PIKE
MECHANICSBURG. PA 17055
1071-11 LANCASTER BOULEVARD
MECHANICSBURG. PA 17055
13 NORTH HANOVER STREET
CARLISLE. PA 17013
I verify that the statements made in this affidavit are
true and correct to the best of my personal knowledge or
information and belief. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating
to unsworn falsification to authorities.
August 6. 1999Aaf
DATE FRANK FEDERMAN, ESQUIRE
Attorney 'for Plaintiff
y;
FIRST UNION NATIONAL BANK
VS.
MARCUS J. TORQUATO (REAL OWNER)
PAOLA T. BAER, A/K/A
PAOLA T. TORQUATO (MORTGAGOR)
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 99-2951 CIVIL
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
August 6, 1999
TO: MARCUS J. TORQUATO PAOLA T. BAER, A/K/A
1071-11 LANCASTER BOULEVARD PAOLA T. TORQUATO
MECHANICSBURG, PA 17055 100 FRAZER ROAD
LEMOYNE, PA 17043-1624
**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, 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 1071-11 LANCASTER BOULEVARD,
MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff's
Sale on DECEMBER S. 1999 at 10:00 a.m. in the Cumberland County
Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce
the court judgment of $45,441.56 obtained by FIRST UNION NATIONAL
HANK (the mortgagee) against you. If the sale is postponed, the
property will be relisted for the MARCH 1, 2000 Sheriff's 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:.
1. The sale will be cancelled if you pay to the mortgagee
the back payments, late charges, costs and reasonable
attorney's fees due. To find out how much you must pay,
you may call: (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.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFFfS SALE DOES TARE PLACE
1. If the Sheriff's 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 proposed schedule of distribution of the money
bid for your house will be prepared by the Sheriff not later than
thirty (30) days after the sale. The schedule shall be kept on
file with the SHeriff and will be made available for inspection in
his office. The 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 filing of
the proposed schedule.
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 ATORNEY REFERRAL
CUMBERLAND COUNTY BAR ASOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
DESCRIPTION
ALL THAT CERTAIN apartment dwelling unit situated in Singuild Condominium, Upper Allen
Township, Cumberland County, Pennsylvania, being designated as Unit No. 1071-11 in the
Declaration, Code of Regulations and Declaration Plans of said condominium, recorded in the
Recorder of Deeds Office of Cumberland County, Pennsylvania, in Misc. Book 249, page 784;
Misc. Book 249, page 810; and Plan Book 37, page 23, respectively, under the provisions of, the
Unit Property Act of July 3, 1986, P.L. 196.
TOGETHER with all the right of title and interest, being a 1.4416% interest, of, in and to the
Common Elements as more fully set forth in the aforesaid Declaration of Condominium and
Declaration Plans.
Tax Parcel # 42-24-0792-041
TITLE TO SAID PREMISES IS VESTED IN Marcus J. Torquato by reason of the following:
BEING THE SAME premises which Velvet S. Starr by Deed dated 5/17/85 and recorded 5/17/85 in
the County of Cumberland in Deed Book G-31 page 426 conveyed unto Paola T. Baer.
AND THE SAID Paola T. Baer and Marcus I. Torquato were married on 8/19/87 and were
divorced from the bonds of matrimony in Docket # 1994-1996 on 12/29/94.
AND ALSO BEING THE SAME premises which Paola T. Torquato f/k/a Paola T. Baer and
Marcus J. Torquato by Deed dated 12/17/97 and recorded 12/18/97 in the County of Cumberland in
Record Book 169 page 561 conveyed unto Marcus J. Torquato.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 99-2951 CIVIL TO Term
CIVIL ACTION - LAW
TO THE SHERIFF OF Cumberland COUNTY:
To satisfy the debt, interest and costs due First Union National Bank
PLAINTIFF(S)
from Marcus J. Torquato Paola T. Baer, a/k/a Paola T. Torquato
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell see legal description
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are,enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof;
(3) If 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 himrher that he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due $45,441.56
Interest from 8/6199 to 12/8/99 $933.75
(per diem $7.47)
Atty's Comm /o
Afty Paid _$155.98
Plaintiff Paid
L.L. $.50
Due Prothy_ $1.00
Other Costs
Date: .&=St 11, 1999 Curtis R. Long
Prothonotary, Civil Division
I Z Deputy
REQUESTING PARTY:
Name Frank Federman, Esq.
Address: Two Penn Center Plaza, Suite 900
Philadelphia, PA 19102
Atlomeyfor: Plaintiff
Telephone: 215-563-7000
Supreme Court ID No. 12248
REAL ESTATE SALE NRU
L41 99gi si,^riif tlvicd
upon the drferoa!11,;
IlitGr°Ct In tii^ r(,Oj pi"UPOT'01 :iitU:'.1;.^,d
,
Cur-aberlin,j
C:lli4y P,3., kr10%N11 81f1 nunib^'ed as:
"A"
filed
this ;'r'fit ii11U 11 th' f'
L inc,;rpo,rat, ci herein. GY'd
Date:,4-1w-L '?2F
ByV?? _
Ir/tiYA 1,1 K r+tr ?d
660
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3;11!!p
THE PATRIOT DEWS
THE SUNDAY PATRIOT DEWS
Proof of Publication
Under Act No 587 Rnprou d th- r 16 1979
Commonwealth of Pennsylvania, County of Dauphin) as
Michael Morrow being duly sworn according to law, deposes and says:
That he Is the Assistant Controller of THE PATRIOT-NEWS CO., a corporation organized and existing under the laws
of the Commonwealth of Pennsylvania, with its principal 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 41h, 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 and Metro editions/issues which appeared on the 26th day of October and the 2nd
and 9th day(s) of November 1999. 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 sai Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Pauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION _
COPY Sworn
SALE #26
Terry L. Russell, Lary uinkc
Harrisburg, Daup n unly
my Commission Expires June 6, 2002
Member, Pennsylvania Associa'JynC mmission expires June 6, 2002
CUMBERLAND COUNTY SHERIFFS OFRCE
COURTHOUSE
CARLISLE, PA. 17013
Staterrita of Adv rtisina Coctc
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the abovo stated dates $ 309.75
Probating same Notary Fee(s) $ 1.50
Total $ 311.25
Publishers Receipt for Advertising Cost
THE PATRIOT-NEWS CO., publisher of THE PATRIOT-NEWS and THE SUNDAY 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. THE PATRIOT-NEWS CO.
By ....................................................................
:. REAL ESTATE SALE No. 20
.
Writ No: 9"951
Flret Union Netlontl Bank
ktarous .7brsWto
r (Real Owner)
r„
?; PaolaT. Boor)AWA
.., Pp
olaT.Tojt lb
(
AttyDFnckPnoH re:`
±? nam a
p m oft
CW* pap Of
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4
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:
OCTOBER 22, 29, NOVEMBER 5, 1999
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.
REAL E8TATE BALE NO. 26
Writ No. 99-2951 Civil
First Union National Bank
VS.
Marcus J. Torquato (Real owner),
Paola T. Baer, A/K/A Paola T.
Torquato (Mortgagor)
Ally.: Frank Federman
DESCRIPTION
ALL THAT CERTAIN apartment
dwelling unit situated In Singuild
Condomimum. Upper Allen Town.
ship. Cumberland County, Pennsyl.
vania, being designated as Unit No.
1071.11 In the Declaration, Code of
Regulations and Declaration Plans of
said condominium, recorded in tine
Recorder of Deeds Office of Cumber-
land County, Pennsylvania, In Misc.
Book 249, page 784; Misc. Book 249,
rrespecctivvely, under the provisions of
the Unit property Act of July 3, 1986.
P.L. 196,
TOGETIIER with all the light of
title and interest, being a 1.4416%
I interest, of. In and to III,- Common
Elements as more fully srt fimlt In
e tile aforesaid Declaration of Condo-
minium and Declarauon Plans,
Tax Parcel #42-24.0792.041.
TITLE To SAID PREMISES IS
VESTED IN Marcus J. Torquato by
reason of tike following:
BEING THIi SAME preI'll ses which
Velvet S. Starr 1>)' Deed dated 5/17/8!,
and recorded 5/17/85In the (eunlty
of Cuni:xrland III Deed fkx?k G-31
nacre 420 conveyed. whin vmia T.
AND 711E SAID Paola T. U:her and
Afatrus J. Torquato were marned on
19/87 and acre dlvorced from the
bonds of matrimony In Docket
# 1994-19M Oil 12/29/94.
prenuses ALSO BEING Tfir
f/k/a Paola T. Uarr and Marcus J
T)Cd tr3' Dcrd
daird 12/17197
ar>4 renwdrd 12/ 18/37 m the C,,,,
cil Cumtxrfathd In Ikcmd tkxrk 1(39
page 561 tx)rnryn} WHO Manru.,,l.
Torqualo.
Roger M. Morgenthal, Editor
SWORN TO AND SUBSCRIBED before me this
5 day of NOVEMBER, 1999
'N0171'R1AL SEAL v
L016 E. SNYDER, Notcty Public
COrlula Born, Cumberland Co", PA
My Commiuion Expiry Mooch 3, 2001
1Y
p
i a.
_t
RZA ESTAT= SALE NO 26
51,000.00Ad•:anceCostsPaid 8/1'2/99 Arr. Frank Federman
Assessed Valuation S 8920.00
WW TivO• 99-2951 Civil
First Union National Bank
Marcus J. YOrquato, Paola T. Baer, a/k/a
Paola T. Torquato
1071-11 Lancaster Blvd.
..Mechanicsburg, PA 17055
REAL DEBT
1NTERESTfr 8/6/99 $ 45,441.56
to 12/8/99 Per diem 7.47 933.75
ATT'S FEES
1%-PIT COSTS-.TTY'
ESCROW 155.98
LATE CHARGE
SHERIFF'S COSTS
Docketing
Poundage 30.00
16.51
Postire Bills
15.00
Adctnisina 15.00
Acknowledeina Dee_
30.00
Auctioneer
Law Libnt-: 10.00
.50
Counry 1.00
tifileage 16.74
Cen }fail
Lv,y 1.85
15.00
Posteone Sale 20.00
Surchar;e 24.00
Leal Seartin
Law Journal 260.00
Pa[rot 311.25
Share of Bills 23.63
Distribution of Procee_s
Sher;s Deets 25.00
26.50
STAMPS
Pa Transfer Tay
T«p or Boro Tram_;-. Tos
TA YES
Municipal Lien 1,217.86