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HomeMy WebLinkAbout99-04237 k. Na • FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 MELLON MORTGAGE COMPANY 1775 SHERMAN STREET SUITE 1500 DENVER, CO 80203-4302 V. Plaintiff JOHN S. WEST, A/K/A JOHN S. WEST, JR. 1514 TIMBER CHASE ROAD MECHANICSBURG, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 99 -19o)J CUMBERLAND COUNTY CIVIL ACTION - LAW MORTGAGEFORECLOSURE NOTICE GU l ? 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 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, PA 17013 (717) 249-3166 Plaintiff is MELLON MORTGAGE COMPANY 1775 SHERMAN STREET SUITE 1500 DENVER, CO 802034302 2. The name(s) and last known address(es) of the Defendant(s) are: JOHN S. WEST, A/K/A JOHN S. WEST, JR. 1514 TIMBER CHASE ROAD MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 2/26/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1436, Page 327. 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 3/1/99 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $85,136.53 Interest 2,080.80 2/1/99 through 7/1/99 (Per Diem $13.60) Attorney's Fees 4,256.00 Cumulative Late Charges 102.08 2/26/98 to 7/l/99 Cost of Suit and Title Search 550.00 Subtotal 92,125.41 Escrow Credit 0.00 Deficit 543.07 Subtotal 543.07 TOTAL $92,668.48 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. 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $92,668.48, together with interest from 7/1/99 at the rate of $13.60 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 Anomey for Plaintiff A[.L thar certain Unit, being unit No. 1514 (the "Unit"), of 'L'imber Chase, A Townhome Condominium (the "Condominium")', located in Hampden Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of 'l'imber Chase, A Townhoma Condominium (the -'Declaration of Condominium") and Declaration Plats and Plans recorded in 'the office of l.he Recorder of Deeds of. Cumberland County In Miscellaneous Book 508, Page 602 and Right of. Way Plan Hook 11, Page 13, as amended in Miseellaneoum Books 513, Page 360; 521, Page 978; 528, page 938; 533, Page 87; 540, Page 235; 544, Cage 1020; 554, Page 319; SSS, Pagil_ 1047; and 562, Page 85; and in Right of Way Plan Book 11, Pages 35, 23, 31, 43, 54, 66, 92, 107 and 3.19 reapective3y. TOOCTHCR with the undivided percentage interest in the Common Elemeni.s appurtenant to the Unit as more particulurly met forth in the aforesaid Declaration of Condominium, an laar. amended. TODE'i'HER with the right to use the Limited Common Elemunta applicable to the Unit being conveyed herein, PREMISES: 1514 TIMBER CHASE ROAD VERIFICATION MICHELLE D. VINER hereby states that she is ASSISTANT VICE PRESIDENT of MELLON MORTGAGE COMPANY (CO) 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 IS Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Michelle D. Viner Assistant Vice President DATE: CI J LL..: E.: ll_ U r? m cn c? R zz- t 10 0002-E9S(9I?) Z0161 Vd'eiydlapel!gd ezeld 19103 uuad opal 005 olmS NVl3Hd QM" '...... 4,7:3d OpBPLL2906M??015DLL2408 wi lwaoywai nn 313LY159VISIv iG?LO - N SHERIFF'S RETURN - REGULAR CASE NO: 1999-04237 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MELLON MORTGAGE COMPANY VS. WEST JOHN CPL. TIMOTHY REITZ , 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 WEST JOHN S A/K/A WEST JOHN S JR the defendant, at 18:55 HOURS, on the 22nd day of July 1999 at 1514 TIMBER CHASE ROAD MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to JOHN S. WEST 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: So answers: Docketing 18.00 Affidavit 8.00 00000 Surcharge 8.00 oTf?as-K7ine, HZf? -07/23/1999 PHELAN Sworn and subscribed o before me this /024j? day of ?E4A t 19qq A.D. f by T O? pu y ME 1/ 7 A r FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Two Penn Center Plaza - Suite 900 Philadelphia, PA 19102 (215) 563-7000 MELLON MORTGAGE COMPANY 1775 SHERMAN STREET, SUITE 1500 DENVER, CO 80203-4302 Vs. JOHN S. WEST, A/K/A JOHN S. WEST, JR. 1514 TIMBER CHASE ROAD MECHANICSBURG, PA 17055 Attorney for Plaintiff CUMBERLAND COUNTY . COURT OF COMMON PLEAS . CIVIL DIVISION . NO. 99-4237 CIVIL TERM PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JOHN S. WEST, A/K/A JOHN S. WEST, JR., 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 - 7/1/99 TO 9/7/99 TOTAL $92,668.48 $ 938.40 $93,606.88 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 DATE : y $? 7? F K FEDER , ESQUIRE Attorney for Plaintiff L11^ cv -` J .?r I: T Yl Y FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF MELLON MORTGAGE COMPANY COURT OF COMMON PLEAS Plaintiff . CIVIL DIVISION VS. . CUMBERLAND COUNTY JOHN S. WEST A/K/A JOHN S. WEST, JR. NO. 99-4237 CIVIL TERM Defendant TO: JOHN S. WEST A/K/A JOHN S. WEST, JR. 1514 TIMBER CHASE ROAD MECHANICSBURG, PA 17055 DATE OF NOTICE: AUGUST 12, 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 MELLON MORTGAGE COMPANY Vs. JOHN S. WEST, A/K/A JOHN S. WEST, JR. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-4237 CIVIL TERM 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 JOHN S. WEST, A/K/A JOHN S. WEST, JR. is over 18 years of age and resides at 1514 TIMBER CHASE ROAD, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. F K FEDERI , ESQUIRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MELLON MORTGAGE COMPANY ) ) NO. 99-4237 CIVIL TERM Plaintiff VS. JOHN S. WEST, A/K/A JOHN S. WEST, JR. ) Defendants Notice is given that a Judgment in the above-captioned matter has been entered against you on SEPTEMBER 1999. By: UTY G If you have any questions concerning this matter, please contact: F F MAN S UIRE Atto ney for P rty Filing Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102 (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, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 1 Cl ?b a? c Ca .l t L? 1 :. y I PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MELLON MORTGAGE COMPANY Plaintiff V8. JOHN S. WEST, A/K/A JOHN S. WEST, JR. Defendant(s) . COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PA NO. 99-4237 CIVIL TERM PRAECWEE FOR 'WRIT OF EXECUITON (MORTGAGE FORECLOSURE) 12/7/99 (PER DIEM - $15.39) $95,038.15 Total TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $93,606.88 Interest from 9/8/99 TO $ 1,431.27 and Costs FR0 FEDERMAN ESQUIRE TWO ENN CENT PLAZA SUITE 900 PHILADELPHIA, PA 19102 Attorney for Plaintiff Note: Please attach description of property. ca a rn rn N N H a H 7 H V r M N i rn 0 z a? ?w O? 00 o F ?U U cW7 Eq a O a Pi m 6 z U N " h O E., o w i a 3 N W G p q 3 y ? a h b N w Ln Lei O r a P4 W U a P4 1 PP9 H H a in r-I m v •n •J m m A m u m ro a N ,qu 3 m m m a s, ALL THAT CERTAIN Unit, being Unit No. 1514 (the "Unit"), of Timber Chase, a Townhome Condominium (the "Condominium"), located in Hampden Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Timber Chase, a Townhcme Condominium (the "Declaration of Condominium) and Declaration Plats and Plans recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 508, Page 602 and Right of Way Plan Book 11, Page 13 respectively, as amended. TOGETHER with the undivided percentage interest in the Coamn Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of Condominiums as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declarationof Condominium and Declaration Plats and Plans. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights-of-way, easements and agreements of record in the aforesaid office, the aforesaid Declaration, and matters which a physical inspection and survey of the Unit and Coamn Elements would disclose. BEING part of the same premises which Harris Savings Bank by Deed dated May 1, 1995 and recorded in the Office of the Cumberland County Recorder of Deeds in Deed Book 121, Page 615, granted and conveyed unto Capitol View Associates, a Pennsylvania general partnership, Declarant herein. BEING Tax Parcel N 10-15-1283-008. TITLE TO SAID PREMISES IS VESTED IN John S. West, Jr. by Deed from Capitol View Associates, a Pa. General Partnership dated 2/26/98, recorded 5/9/98, in Deed Book 173, page 197. , , _,. v ? c 6- II- ??vv U FEDERMAN and PHELAN Hy: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 MELLON MORTGAGE COMPANY Vs. JOHN S. WEST, A/K/A JOHN S. WEST, JR. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS . CIVIL DIVISION . NO. 99-4237 CIVIL TERM 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: (XX) an FHA mortgage ( ) non-owner occupied ( ) vacant ( ) 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. FRAD K FEDERMIjD , ESQUIRE Attorney for Plaintiff ?' C r• ? 1=' ?_. - u!!? N ??? J " ._??. CL. . ?-1: ? J rl ? ' M) _ ? i.C` I C 4? t J •i%L i ? V . C ? ??.? U MELLON MORTGAGE COMPANY VS. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-4237 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No 1) JOHN S. WEST, A/K/A JOHN S. WEST, JR. MELLON MORTGAGE COMPANY , 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 1514 TIMBER 1. Name and address of Owner(s) or reputed Owner(s) : NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) JOHN S. WEST, A/K/A 1514 TIMBER CHASE ROAD JOHN S. WEST. JR. MECHANICSBURG, PA 17055 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) NONE 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE J/ l 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 TIMBER CHASE TOWNEHOME TENANT/OCCUPANT DOMESTIC RELATIONS OF CUMBERLAND COUNTY LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) 1489 TIMBER BROOK DRIVE MECHANICSBURG, PA 17055 1514 TIMBER CHASE DRIVE, A/K/A 1514 TIMBER CHASE ROAD 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. September 4, 1999 _ DATE F K FEDE , ESQUIRE A torney f r Plaintiff C v n _ r?? r] ly- ci O ?? S? MELLON MORTGAGE COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS va. CIVIL DIVISION JOHN S. WEST, A/K/A JOHN S. WEST, JR. NO. 99-4237 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY September 4, 1999 TO: JOHN S. WEST, A/K/A JOHN S. WEST, JR. 1514 TIMBER CHASE ROAD MECHANICSBURG, PA 17055 **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 -?-_ -?•??n ??+.+?? xvnu. mncruuvic 9HURG. PA 17055, is scheduled to be sold at the Sheriff's Sale on DECEMBER 8. 1999 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $93,606.88 obtained by MELLON MORTGAGE COMPANY (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 Po 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.) 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 ALL THAT CERTAIN Unit, being Unit No. 1514 (the "Unit"), of Timber Chase, a Townhome Condominium (the "Condominium"), located in Hamden Township, Cumberland County, Pennsylvania, which Unit is designated in the Declaration of Condominium of Timber Chase, a Townhome Condominium (the "Declaration of Condominium") and Declaration Plats and Plans recorded in the Office of the Recorder of Deeds of 'Cumberland County in Miscellaneous Book 508, Page 602 and Right of Way Plan Book 11, Page 13 respectively, as amended. TOGETHER with the undivided percentage interest in the Common Elements appurtenant to the Chit as more particularly set forth in the aforesaid Declaration of Condominium as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declarationrof Condominium and Declaration Plats and Plans. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights-of-way, easements and agreements of record in the aforesaid Office, the aforesaid Declaration, and matters which a physical inspection and survey of the Unit and Common Elements would disclose. BEING part of the same premises which Harris Savings Bank by Deed dated May 1, 1995 and recorded in the Office of the Cumberland County Recorder of Deeds in Deed Book 121, Page 615, granted and conveyed unto Capitol Vie. Associates, a Pennsylvania general partnership, Declarant herein. BEING Tax Parcel # 10-15-1283-008 TITLE TO SAID PREMISES IS VESTED IN John S. West, Jr. by Deed from Capitol View Associates, a Pa. General Partnership dated 2/26/98, recorded 5/9/98, in Deed Book 173, page 197. ?. r ?- (: ?._ ?i,= 7? T ? iii KI I '_?? u? i ! -??. LL-?' C-. lU i rai "1'1 I V% (_l U ? U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELLON MORTGAGE COMPANY Plaintiff CIVIL DIVISION VS. No. 99-4237 CIVIL TERM JOHN S. WEST, A/K/A JOHN S. WEST, JR. Defendants AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA SS: CUMBERLAND COUNTY I, FRA14K FEDERKAN, ESQ., attorney for MELLON MORTGAGE COMPANY hereby verify that on SEPTEMBER 17, 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 "Al' attached hereto, and the Notice of Sale was sent to defendant(s) on SEPTEMBER 17. 1999 by first class mail and certified mail return receipt requested, see Exhibit "B" attached hereto. / FRANK F ERMAN, ESQUIRE Attorn for Plaintiff Date: November 6, 1999 Z Vi IM-N m,ga o. .. Z V a < r a .5 (d 0- p ?Fs °a p q Y c Z < `o m i i s wz ?0?? ?;m,? W O a v Z ? 6 O S< 4 o z dJ p 0Lii ZhC zcn w aDW F"O>o h ?gC? 6.SW? aU0^ ,. O SZ z U FU U So. 6 i7 U?mz w QwvZ V.]=m F y F [`1i1 `o E = C ? e Z e U ? -IC W t+7 G7 p ,, Z kj z p 4 N N O ? , < QU.- U a N M O h O f? W D` O N M < h -- - --- ------------- A ?SIAG PO RETURN STMIF ff D DEU W RECEIPT r- FEE. nEIDPN RECEIPT 43 TOTAL POSTAGE AND FEES _ Q XDT FOgIXRgNRIDXIL LUIL nj nrz oalF Xm m tel. f:N S. u- 1514, 37-?1BEN CivSriii 0.w IL PA 17055 ?K PS FORM 38oo US Postal Service F LL O Receipt for I Certified Mail a ,,: (J?-. Fa.. ... - ri?' °-- c ¢?'' r. C. '- G " - j c .. ., 02/29/00 TUE 17:53 FAX 2159231034 CST, INC. 0002 MAR 01 Z00 FEDERMAN AND PHELAN By: Frank Fedennan, Esquire Atty. I.D. No. 12248 Suite 900/Two Penn Center Plaza Philadelphia, PA 19102-1799 (215) 563-7000 Mellon Mortgage Company VS. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND COUNTY No. 99.4237 CIVIL John S. West, a/k/a John S. West, Jr. ORDER AND NOW, this 10 =day of tAA L? 2_-, 2000, after consideration of Plaintiffs Motion to Postpone Sheriff's Sale of the mortgaged property, it is hereby ORDERED that the said sale is extended _3 month(s) to the regularly scheduled CUMBERLAND COUNTY Sherifrs Sale dated JUNE 7. 2000. No further advertising or additional notice to lienholder or defendant(s) is required. BY THE COURT: J. FEB-29-2000 17:06 2159231034 P.02 PLED-QrF1C 00 VAR - ! f?ti 9:59 02/28/00 TUE 17:53 FAX 2158231034 CST, INC. ®003 FEDERMAN AND PHELAN By: Frank Federman, Esquire Atty. I.D. No. 12248 Suite 900/Two Penn Center Plaza Philadelphia, PA 19102-1799 (215) 563-7000 Mellon Mortgage Company vs. John S. West, a/k/a John S. West, Jr. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND COUNTY No. 994237 CIVIL MOTION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel, Federman and Phelan, petitions this Honorable Court for a 3_ month postponement of its Sheriff's Sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for MARCH 1, 2000. 2. Plaintiff has agreed to possibly modify the mortgage which would allow the Defendant(s) to cure the mortgage default. 3. A 3 month postponement of the Sheriffs Sale will enable Plaintiff ample time to complete negotiations. WHEREFORE, Plaintiff respectfully requests that the Sheriffs Sale of the mortgaged premises be continued to JUNE 7. 2000. Federman and Phelan ? Dttorr?n! f .P .6 FEB-29-2000 1706 2159231034 L ` " I • ? Ko P.03 02/20/00 TUE 17:54 FAX 2159231034 CST, INC. Q1004 FEDERMAN AND PHELAN By: Frank Federman, Esquire Atty. I.D. No. 12248 Suite 900/Two Penn Center Plaza Philadelphia, PA 19102-1799 (215) 563-7000 Mellon Mortgage Company vs. John S. West, a/k/a John S. West, Jr. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND COUNTY No. 99-4237 CIVIL PLAINTIFF'S MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 3129.3 provides for the postponement of a Sheriffs Sale of real property by special order of Court. In the case sub judicia, a Sheriffs Sale of the mortgaged premises has been scheduled for MARCH 1. 2000. However, a 2 month postponement is requested to allow Plaintiff and Defendant time to complete negotiations. Inasmuch as the postponement will inure to the benefit of the Defendant(s), Defendant(s) will not be injured by the granting of the relief requested. Accordingly, Plaintiff respectfully requests a _3_ month continuance of the Sheriffs Sale of the mortgaged premises to the JUNE 7. 2000 Sheriffs Sale. Respectfully submitted: FEB-29-2000 1706 2159231 Federman and Phelan 02/29/00 TUE 17:54 FAX 2159231034 CST, INC. VERIFICATION Frank Federman, Esquire, hereby states that he is the attorney for the plaintiff in this action, that he is authorized to take this verification, and that the statements made in the foregoing Motion for Postponement of Sheriffs Salo are true and correct to the best of his knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authorities. Date: a?n Attorney for Q005 ntiff V FED-29-2009 17:06 2159231034 99' P.05 CO F w ?.? m nS LL.1 - M !Lz °o U Mellon Mortgage Company -vs- John S. West A/K/A John S. West, Jr. In the Court of Common Pleas of Cumberland County, Pennsylvania No. 99-4237 Civil R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 17.47 Posting Bills 15.00 Advertising 15.00 Law Library .50 County 1.00 Mileage 8.68 Certified Mail ,79 Levy 15.00 Postpone Sale 40.00 Surcharge 16.00 Law Journal 286.25 Patriot News 421.88 Share of Bills 23.63 $ 891.20 Pd By Arty 04/04/00 So ans ,Qrs?d i/01? Sworn and subscribed to before me R. Thomas Kline, Sheriff This i 7 '-day of 1999, A.D. (l7 Prothonotary B Real Estate Deputy l,}v ?? .2869.3 ?..., 9Y4G7 -I MELLON MORTGAGE COMPANY Vs. JOHN S. WEST, A/K/A JOHN S. WEST, JR. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-4237 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MELLON MORTGAGE COMPANY , 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 1514 TIMBER CHASE DRIVE, A/K/A 1514 TIMBER CHASE ROAD, 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) JOHN S. WEST, A/K/A 1514 TIMBER CHASE ROAD JOHN S. WEST, JR. MECHANICSBURG, PA 17055 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) NONE 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE MELLON MORTGAGE COMPANY Vs. JOHN S. WEST, A/K/A JOHN S. WEST, JR. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-4237 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY September 4, 1999 TO: JOHN S. WEST, A/K/A JOHN S. WEST, JR. 1514 TIMBER CHASE ROAD MECHANICSBURG, PA 17055 **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 ? Rz xur - mr--L:H8N-LU5k5URG PA 17055, is scheduled to be sold at the Sheriff's Sale on DECEMBER 8. 1999 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $93,606.88 obtained by MELLON MORTGAGE COMPANY (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. 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 LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) TIMBER CHASE TOWNEHOME 1489 TIMBER BROOK DRIVE CONDOMINIUM ASSOCIATION MECHANICSBURG, PA 17055 TENANT/OCCUPANT 1514 TIMBER CHASE DRIVE, A/K/A 1514 TIMBER CHASE ROAD 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. September 4, 1999 [n DATE F K FEDE , ESQUIRE Aktorney f hr Plaintiff 4 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 1. If the 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 TARE 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 i ALL THAT CERTAIN Unit, being Unit No. 1514 (the "Unit"), of Timber Chase, a Townhome Condominium (the "Condominium"), located in Hampden Township, Cumberland County, Pennsylvania, which unit is designated in the Declaration of Condominium of Timber Chase, a Townhome Condominium (the "Declaration of Condominiun") and Declaration Plats and Plans recorded in the Office of the Recorder of Deeds of'Cumberland Countv in Miscellaneous Book 508, Page 602 and Right of Way Plan Book 11, Page 13 respectively, as amended. TOGETHER with the undivided percentage interest in the Comron Elements appurtenant to the Unit as more particularly set forth in the aforesaid Declaration of CondominiLm as last amended. TOGETHER with the right to use the Limited Common Elements applicable to the Unit being conveyed herein, pursuant to the Declaration of Condominium and Declaration Plats and Plans. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights-of-way, easements and agreements of record in the aforesaid Office, the aforesaid Declaration, and matters which a physical inspection and survey of the Wit and Comron Elements would disclose. BEING part of the same premises which Harris Savings Bank by Deed dated May 1, 1995 and recorded in the Office of the Cumberland County Recorder of Deeds in Deed Book 121, Page 615, granted and conveyed unto Capitol View Associates, a Pennsylvania general partnership, Declarant herein. BEING Tax Parcel # 10-15-1283-008 TITLE TO SAID PREMISES IS VESTED IN John S. West, Jr. by Deed from Capitol View Associates, a Pa. General Partnership dated 2/26/98, recorded 5/9/98, in Deed Book 173, page 197. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. _ 99-4237 CIVIL 19 COUNTY OF CUMBERLAND) CIVIL ACTION • LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due 14ellon Mortgage Company PLAINTIFF(S) from J^hn q wpgf. A.M4 John q West. Jr DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell see legal description of property (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 propetty of the defendant(s) or otherwise disposing thereof; (3) Ifpropertyofthedefendant(s)notlevieduponansubject toattachmentisfoundinthepossessionofanyoneother than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $93,606 88 L.L. $.50 from 9/8/99 to 12/7/99 Interest ???;.,...- $15 39) ?4z1 ?? Due Prothy nn Atty's Comm % Other Costs Atty Paid $106.68 Plaintiff Paid Date: September 8, 1999 Curtis R. Long Prothonotary, Civil Division REQUESTING PARTY: Name Frank Federman. Esq. Address: T n Penn Center Plaza Suite 900 by: iaGrr?t /? e4A 47!i 'rte Deputy Attorney for: Plaintiff Telephone: (215) r,63-7non Supreme Court ID No. 12248 REAL ESTATE SALE No. s3 On •det¢ ti 1h t 99S e s n ' Sri 1 1 „i,,:..:. , . .:ie •.?: ? ii1G';.:•:?nv_I, interest in the real pi operfy s:INj)te(; in Cumberland County, Pa., known and nwb red /11.2z?and n er- fuiiy described on !Exhibit "A" filed with this writ and by this referen;;e incorporated h ernin. Date:'La2"49? BY' ?p?G?? ts' m "^ Z ?7 m 2m m ? 3 ? Rl y' (1J CO 9 K ?1 ?I