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HomeMy WebLinkAbout99-05212 "Ilk ?y It. V lft? im FEDERMAN AND PFIELAN By: FRANK FEDERMAN Identification No. 12248 Two Penn Center Plaza - Suite 900 Philadelphia, PA 19102 (215) 563-7000 Crestar Bank s/b/m to Virginia Federal Savings 901 Semmes Avenue P.O. Box 26149 Richmond, VA 23260 Plaintiff VS. Harold J. Mentzer, Executor and Devisee of the Estate of Ruth Mentzer Fry Communications Hempt Road Mechanicsburg, PA 17055 Helen Mentzer, Devisee of the Estate of Ruth Mentzer 3500 Sullivan Street Mechanicsburg, PA 17055 Defendant(s) Attomey for Plaintiff : Cumberland COUNTY :COURT OF COMMON PLEAS CIVIL DIVISION :NO. 99-5212 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 Harold J. Mentzer. Executor Mentzer, Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest 8/15/99 to 11/19/99 TOTAL $23,981.85 $621.12 $24,605.97 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237. 1, copy attached. RANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: J-)0 7 194 PRO PROTHY "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT HE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. " C 7? U 1? C L, ry?li ?• l"! J rX 9 :. { C CM , V ` l CRESTAR BAND S/B/M TO VIRGINIA FEDERAL SAVINGS Plaintiff V. HAROLD J. MENTZER, EXECUTOR AND DEVISEE OF THE ESTATE OF THE ESTATE OF RUTH MENTZER HELEN MENTZER, DEVISEE OF THE ESTATE OF RUTH MENTZER ANDREA BEASTON GAYMAN, DEVISEE OF THE ESTATE OF RUTH MENTZER Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 99-5212 CIVIL ANSWER OF DEFENDANT ANDREA BEASTON 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Defendant is neither able to admit nor deny this allegation as it has not been her responsibility to pay on this debt. Accordingly, the averments are denied and strict proof is demanded. Further, Defendant is neither able to admit nor deny that the referenced notice was actually sent, and to whom it was sent. 6. Defendant is neither able to admit nor deny this allegation as it has not been her responsibility to pay on this debt. Accordingly, the averments are denied and strict proof is demanded. 7. Admitted. 8. Defendant is neither able to admit nor deny this allegation. Accordingly, the averment is denied and strict proof is demanded. 9. Admitted. 10. Defendant is neither able to admit nor deny this allegation. Accordingly the averments are denied and strict proof is demanded. Further, the averments set forth are vague and do not set forth factual claims, rather they set forth assertions that are of a boilerplate nature, with no reference to what has actually occurred in this matter. 11. Denied, in that because one of the individuals with an interest in the property in fact occupies the residence, Act 91 applies. 12.Admitted. 13. Admitted that these legal provisions apply. WHEREFORE, for the above reasons, Defendant Beaston Gayman respectfully requests that the relief requested be denied. , Respectfully submitted, BY: Samuel W. Milkes JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 (717) 249-8427 - Fax Attorney No. 30130 VERIFICATION I, Andrea Beaston Gayman, verify that the statements made above are true and correct to the best of my knowledge, information, and belief. I make these statements subject to the penalties of 18 Pa.C.S. Section 4904, relating of unsworn falsification to authorities. ?\ ' - Andrea Beaston Gaa n U? >. ?' L ?',_ _ . C i:. _ _ i -'.? - r_ ? 1 i:C' I- ? ?J _ L1 ? , C: ??' ^'1 .J ._ ?; ? U CRESTAR BAND S/B/M TO VIRGINIA FEDERAL SAVINGS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. HAROLD J. MENTZER, EXECUTOR AND DEVISEE OF THE ESTATE OF THE ESTATE OF RUTH MENTZER : CIVIL DIVISION : NO. 99-5212 CIVIL HELEN MENTZER, DEVISEE OF THE ESTATE OF RUTH MENTZER ANDREA BEASTON GAYMAN, DEVISEE OF THE ESTATE OF RUTH MENTZER Defendants CERTIFICATE OF SERVICE I, Deborah R. Clark, hereby certify that a true and correct copy of the Answer of Defendant Andrea Beaston, in the above captioned matter, was duly served upon, Frank Federman, Esq., attorney for the Plaintiff, and upon, Harold J. Mentzer and Helen Mentzer, Co-Defendants, by depositing it in the U.S. Mail, postage paid, on October 7, 1999, addressed as follows: Frank Federman, Esq. FEDERMAN & PHELAN 900 Two Penn Center Plaza Philadelphia, PA 19102-1799 Harold J. Mentzer 139 Cedar Street Carlisle, PA 17013 Helen Mentzer 3500 Sullivan Street Mechanicsburg, PA 17055 I hereby verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities ^? ? Dated: (?„ 3m Deborah R. Clark n c; - SHERIFF'S RETURN - REGULAR CASE NO: 1999-05212 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CRESTAR BANK ET AL VS. MENTZER HAROLD J ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GAYMAN ANDREA BEASTON DEVISEE ESTATE OF RUTH MENTZER the defendant, at 14:25 HOURS, on the 27th day of August 1999 at 2018 RITTNER HIGHWAY CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to ANDREA GAYMAN a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof Sheriff's Costs: So an Docketing 6.00 g e Service 3.10 Affidavit .00 Surcharge 8.00 omas ine, eri FEDERMAN & PHELAN 09/02/1999 by z y - H? rILL Deputy he "?- Sworn and subscribed o before me this J of day of aTc 192 A.D.? ^" • 'ia£foFHdry I I % CASE NO: 1999-05212 P SHERIFF'S RETURN - REGULAR AMENDED COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CRESTAR BANK ET AL VS. MENTZER HAROLD J ET AL CHRISTOPHER EVANS , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MENTZER HAROLD J EXEC & DEV ESTATE OF RUTH MENTZER the defendant, at 19:10 HOURS, on the 30th day of August 1999 at FRY COMMUNICATIONS HEMPT ROAD MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to HAROLD J. MENTZER a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 6.20 Affidavit .00 Surcharge 8.00 W, I as in , 5 eri $-32 .009DERMAN P LAN 02119964 by epu y eri Sworn and subscribed to before me this ;21.d day of 19_9 A. D. (L c- (c. lui2 , a?? rotnonotar a CASE NO: 1999-05212 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CRESTAR BANK ET AL VS. MENTZER HAROLD J ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MENTZER HELEN DEVISEE ESTATE OF RUTH MENTZER the defendant, at 17:40 HOURS, on the 1st day of September 1999 at 3500 SULLIVAN STREET MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to HELEN MENTZER a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers Docketing 6.00 Service 8.68 2 Affidavit .00 Surcharge 8.00 R-I omas ine, 5 eri 5e FED0RMAN & PHELAN by epu y Sneriti Sworn and subscribed o before me this day of 19 4 A. D. rocnonotary FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215)563-7000 Attorney for Plaintiff Crestar Bank s/b/m to Virginia Federal : Cumberland COUNTY Savings Plaintiff : Court of Common Pleas CIVIL DIVISION VS. NO. 99-5212 Civil Harold J. Mentzer, Executor and Devisee of the Estate of Ruth Mentzer Helen Mentzer, Devisee of the Estate of Ruth Mentzer Defendant(s) VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey 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 Harold J. Mentzer, Executor and Devisee of the Estate of Ruth Mentzer is over 18 years of age and resides at Fry Communications Hempt Road, Mechanicsburg, PA 17055. (c) that defendant Helen Mentzer, Devisee of the Estate of Ruth Mentzer is over 18 years of age, and resides at 3500 Sullivan Street, Mechanicsburg, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDEkMAN Attorney for Plaintiff 4Q ?: ter r.,' l N r : 1j, C' 5 ? C Cn ? U FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12298 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF CRESTAR BANK S/B/M TO VIRGINIA COURT OF COMMON PLEAS FEDERAL SAVINGS Plaintiff CIVIL DIVISION VS. CUMBERLAND COUNTY HAROLD J. MENTZER, EXECUTOR AND DEVISEE OF THE ESTATE OF RUTH MENTZER HELEN MENTZER, DEVISEE OF THE ESTATE OF RUTH MENTZER ANDREA BEASTON GAYMAN, DEVISEE OF THE ESTATE OF RUTH MENTZER Defendant (s) . NO. 99-5212-CIVIL v0 tgl TO: HAROLD J. MENTZER FRY COMMUNICATIONS HEMPT ROAD MECHANICSBURG, PA 17055 DATE OF NOTICE: SEPTEMBER 22, 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 L ?U 3C C )? ..: 1 r iyi 1 N ? F: C 1a m U 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 cRESTAR BANK S/B/M TO VIRGINIA COURT OF COMMON PLEAS FEDERAL SAVINGS Plaintiff VS. HAROLD J. MENTZER, EXECUTOR AND DEVISEE OF THE ESTATE OF RUTH MENTZER . CIVIL DIVISION . CUMBERLAND COUNTY . NO. 99-5212-CIVIL HELEN MENTZER, DEVISEE OF THE ESTATE OF RUTH MENTZER ANDREA BEASTON GAYMAN, DEVISEE OF THE ESTATE OF RUTH MENTZER Defendant(s) TO: HELEN MENTZER 3500 SULLIVAN STREET MECHANICSBURG, PA 17055 DATE OF NOTICE: SEPTEMBER 22, 1999 10 tyl 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 c??, ? u s r.:. Cl) r z ? JLL. ?i J o w ma_ r-• L d O con, U FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 CRESTAR BANK S/B/M TO VIRGINIA FEDERAL SAVINGS 901 SEMMES AVENUE P.O. BOX 26149 RICHMOND, VA 23260-6149 V. Plaintiff HAROLD J. MENTZER, EXECUTOR AND DEVISEE OF THE ESTATE OF RUTH MENTZER 139 CEDAR STREET CARLISLE, PA 17013 HELEN MENTZER, DEVISEE OF THE ESTATE OF RUTH MENTZER 3500 SULLIVAN STREET MECHANICSBURG, PA 17055 ANDREA BEASTON GAYMAN, DEVISEE OF THE ESTATE OF RUTH MENTZER 2018 RITTNER HIGHWAY CARLISLE, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO.e7'CI-J?/; CUMBERLAND COUNTY CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE 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 CRESTAR BANK S/B/M TO VIRGINIA FEDERAL SAVINGS 901 SEMMES AVENUE P.O. BOX 26149 RICHMOND, VA 23260-6149 2. The name(s) and last known address(es) of the Defendant(s) are: HAROLD J. MENTZER, EXECUTOR AND DEVISEE OF THE ESTATE OF RUTH MENTZER 139 CEDAR STREET CARLISLE, PA 17013 HELEN MENTZER, DEVISEE OF THE ESTATE OF RUTH MENTZER 3500 SULLIVAN STREET MECHANICSBURG, PA 17055 ANDREA BEASTON GAYMAN, DEVISEE OF THE ESTATE OF RUTH MENTZER 2018 RITTNER HIGHWAY CARLISLE, PA 17013 who is/are the real owner(s) of the property hereinafter described. 3. On 7/10/86 RUTH MENTZER made, executed and delivered a mortgage upon the premises hereinafter described to YEGEN EQUITY LOAN CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 824, Page 627. By Assignment of Mortgage recorded 8/18186 the mortgage was assigned to ATLANTIC FINANCIAL FEDERAL which Assignment is recorded in Assignment of Mortgage Book No. 321, Page 599. By Assignment of Mortgage dated 7/25/90 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 409, Page 249. 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 7/15/98 and each month thereafter are due and unpaid, and by the terns 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 $19,843.68 Interest 2,756.22 6/15/98 through 8/15/99 (Per Diem $6.47) Attorney's Fees 800.00 Cumulative Late Charges 34.95 7/10/86 to 8/15/99 Cost of Suit and Title Search 550.00 Subtotal 23.984.85 Escrow Credit 0.00 Deficit 0.00 Subtotal 0.00 TOTAL $23,984.85 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose has been sent to Defendant HAROLD MENTZER by Certified Mail, as required by Act 6 of 1974 of the Commonwealth of Pennsylvania on the date(s) set forth in the true and correct copy(s) of such notice(s) attached hereto as Exhibit "A". 9. Notice of Intention to Foreclose pursuant to Act 6 of 1974 is not required because the defendants HELEN MENTZER and ANDREA BEASTON GAYMAN are not a "Residential Mortgage Debtor" as defined by the Act, having failed to provide Plaintiff notice of its acquisition of title. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant HAROLD MENTZER has 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 HAROLD MENTZER application for assistance has been rejected by the Pennsylvania Housing Finance Agency. 11. This action does not come under Act 91 of 1983 as to defendants HELEN MENTZER and ANDREA BEASTON GAYMAN because the mortgaged premises is not owner- occupied. 12. Mortgagor RUTH MENTZER died on 4/25/97, leaving a Will dated 11/7/96, wherein she appointed HAROLD MENTZER as her Executor. Letters Testamentary were granted to him on 5/7/97 in CUMBERLAND County, No. 21-97-4105. Decedent devised her property to HAROLD MENTZER, HELEN MENTZER and ANDREA BEASTON CAYMAN. 13. 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 $23,984.85, together with interest from 8/15/99 at the rate of $6.47 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 6, 1999 CERTIFIED 14AIL Harold Mentzer 139 Cedar Street Carlisle, PA 17013 Re: Loan No. :798590 Ruth V. Mentzer 139 Cedar Street Carlisle, PA 17013 NOTICE OF INTENTION TO FORECLOSE We represent Crestar Bank, servicer for the holder of a mortgage on your property located at 139 Cedar Street, Carlisle, PA 17013, which mortgage is in SERIOUS DEFAULT because you have not made the monthly payment of $389.16 for 7/15/98 through 3/15/99 and or because N/A. Late charges (and other charges) have also accrued in the amount of $0.00. 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 $3,502.44. 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. 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) DAYS of the date of this letter, by paying to us the above amount of $3,502.44, 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 also intend to start a lawsuit to foreclose on your mortgaged property. - 1 - EXHIBIT H If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If you cure the default before we begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney'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 day period, you will not be required to pay the attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDINGS THE NON-EXISTENCE 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 day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to 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 find out at any time exactly what the required payment will be by calling us at the following number: (215) 241-1711. 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 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 MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT (YOU MAY HAVE THE 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 DETERNMZZ UNDER WHAT CIRCUMSTANCES THIS MD:GHT 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 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, FEDERMAN AND PHELAN By: Frank Federman FF:11 cc: Crestar Mortgage Corp. (VA) Attn:Julie Henderson Loan No. :798590 CERTIFIED MAIL NOS.: Z 338 154 262, 263 EXHIBIT A - 2 - . ?Cfostar Bank P.O. Sox 85052 Richmond. VA 23285-5052 6"49 CERTIFIED RETURN RECEIP'TT REQUESTED Match 1, 1999 Harold Mentzer 139 Cedar Starr Carlisle, PA 17013 RE: Loan Number 04300010014793675 UMRTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACTION OF 1983 PLEASEA,SSISTANCE OWAIW YOUR MORTGAGED YMENTS FINANCIAL Dear Mr. Meotzet, have failed to pay prow installments of principal and Your mortgage is in serious default because You dap. total amount of the interest as raWircd, and has asceeded a period of at {east sixty (60)delinquency is S 1,945.80. That sum consists of mortgage payments at 51,945.80 and accumulated late charges of 500.00. You may be elig<ble for financial assistance that will prevent foroologue on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (The "AR'7.Yoa may be eligible for ernergeac9 tcmPcmrY assistance if yonr default has been reused by chvUluslances beyond you control and if you meet the elijpbility rMuircanents of the Act as dostmiried by asd explanation U of all peunsyhrania Housing Finance Agency. Please read all of this notice. It your rights. Under the Act you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days gum the date of this notice. Daring that time you must arrange and a=d a face to-Sce meeting with a tepmsentative of this lender or with a designated consumer credit counseling ? T eat patpoSC thirty of this meeting is to otherwise settle your delinquency. This meeting mug tab place with this lender or a consumer credit Counseling agem3' this nonceattend, a no further fa fita ace meforesietrstingure proo?dinlp maw take PhOC for thirty(30)days after the identified , in n you ide date of this meeting. The names, addresses and phone numbers of the designated cousumcr credit agencies are attached. It is only oeoessary to schedule one face-to-face meedn& YOU shodd advise Crestar Bank inung"ClY of yaw intentions r)(HIBIT B if you have tried and arc muWe to tesolve this pmblem at or a0a you hoe-to-faae meeting you have the right to apply for financial assistance from the Homeoswerl' Emergency Assistance Fund In order to do this. You roues Homeowners' Emergancy Assistance Application with the fill out. sign and 51o a complete _ and they will be bappy m assia you m ? ? mA*Mb amYourr 8PPUmaon m Completed and postmatimd within thirty (30) days after your bco-10-f a meedn& Mail this application di:eedy to: 2101 Narth Front SuM, P.O. East 8029. Harrisburg, PA 17105. Their telephone nnmbes is (717) 780- 3800 or toll free number 1400-342-2397. It is vor mely importsm that you complem your application promptly. if yon do not follow the time periods set forth in this notice, foreclosure may proceed against your borne imamdimly and yon will forfeit your diodity for aasistmae. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after they have received your application. During this time, no foreclosure powedings will be pursued against you if you bamve met the time requirements set forth in this notice. You will be notified directly by the agency of its' decision on your application. Since you loan is past due, a property inspection has been or will be offemd. You will be responsible for this cost. Thank you for your lm attention to this matter. Should you have any ques0ons, Pltr<sr/ cow our OM= at (800)828.79%1'oE free. Your loan eouaselor will be happy to assist Yon.- Julie Headersa CFG (800)828-7959 MG 54913 1msff B Pennsylvania Housing Finance Agency Homeowner's Emergency Mortgage Assistance Program Consumer Credit Counseling Agencies (Rev. 5/99) Llco.. iag-Clinton Counties Commission For Cammunity:Scelan (STEP) 2138 Lincoln Street P. 0. Box 1325 Williamsport, PA 17703 (570)326-0587 FAX (570) 322-2197 CCCS of Nor:'4eastera PA 201 Basin Street W`dliamepcm PA 17703 (570)323.662, FAX (570) 323--3626 CLLYTo_ NO(,-? CCCS of Northeastern P,4, 1631 S Atherton St Suite 100 State College, P.A. 16801 (814) 238,7668 FAX (814) 238.3669 COLUJ[BLa COUNTY CCCS of Nordteastern Pennsvlvania 31 W. Market Street 1400 Ablagwo. E.cecative Park POB U27 Suite 1 Wilkes-Barre, PA 18702 Clarks Summit. PA 18411 (570) 821-0837 or (800) 922.9537 (570) 587.9163 or (800) 922.9537 F4'( (570) 821-1785 Frs..'( (570) 587-913419135 Commission on Economics Opportunity of Luzern County 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826-0510 or(800)822-0359 F4,X (570) 829-1665-CALL BEFORE FAXLVG (570) 455-1994 ELAZELTON FM (570) 455-5631-CALL BEFORE FA- NG (570) 836.4090 TUNMULkYNOCK Booker T. Washington Center 1720 Holland Street Erie, PP. 16503 (814) 453-5744 F4X(814)453-5749 John F. Kennedy Center, Inc. 2021 East 20th Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CCCS of Western Pennsylvania. Inc. 2000 Ling!estown Road Harrisburg, PA 17102 (717) 541-1157 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, P.A. 17101 (717) 234-5925 FAX (717) 234-9459 CRAWFORD COUNTY (--rester Erie Community Action Committee 13 West 9th Street Erie, PA 16501 (814) 459.4581 FAX (814) 456-0161 Shenaago Valley Urban League, Inc 601 Indiana Avenue Farrell. PA 16121 (412) 981.5310 CUMBERLAND COUNTY F!aancial Counseling Services of Franklin 31 West 3rd Street Waynesboro. PA 17268 (717) 762.3285 YWCA of Carlisle 301 G Stmt Carlisle, PA 17 013 (717) 243-3818 FAX (717) 731-9589 Community Action Comm of the Capital Region Adams County Housing Authority 1514 Derry Street 139-143 Carlisle St Harrisburg, PA 17104 Gettysburg, PA 17325 (717) 232-975 7 (717) 334.1518 FXX (717) 23-t-2227 FAX (717) 3344326 EXHIBIT B PENNSYLVANIA BULLE77N, VOL 29, NO, 2. NNE 5, 1999 i A7,L '"AT C?t?TA:"'.:souse and Lot of Ground situate in the BerouCh of Carlisle, County of Cumberland and State of Pennsylvania, bounded one. described ao follows, to wit:- BOUI?DSD on the North by property of the Carlisle Trust Company; on the Trust by property of the Pennsylvania Department of Highways of the Commonwealth of Pennsylvania; on the South by property now or formerly of John Lindner; and on the West by Cedar Street. HAVT_D?G thereon erected a two story frame dwelling 'Known and numbered cc 139 Cedar Street, Carlisle, Pennsylvania. BEa?'G the same premises which Carlisle Trust Company by its Deed dated 'July 290 19LA and recorded in the Cumberland County Recorder's Office in Deed Book "U", Volume 12, Page 576, granted and conveyed unto Harold L. James and Helen C. James, his wire. The said Harold L. James died on April 8, 1967, whereupon sole title in said premises vested in his said wife, Helen C. James, who survived him and who is the grantor herein. UND. -AND SUBMOT, MEVERTHELESS, to a life estate in the above described premises in and to the said Helen C. Janes, the within grantor. This conveyance is from parent .to child, the grantor herein being the natural mother of the grantee herein. Rebecca W. Shaia hereby states that she is Assistant Vice President of Crestar Mortgage Corporation, mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsification to authorities. Rebecca W. Shaia Assistant Vice President Crestar Mortgage Corporation DATE: 7 //' j3 ,_ ?? ?? . ?: ? ? i _ L? )' , J f ? ? ?? ?' ?? ? ? ( ?) .. ; . :. ? " ? N K? , ?G 1 ? ::, <; ?., .,, ? ?\ s o W ? a n? o ?? a l. c [ _ N ? ~ 0 C _6_ rG C7 C Oi N C) W Gi ?,? q - ' ?? - = ` :] . LLNi-f1 OpBP/!L9061N Oi •?ISPZtLWB ?I P'?Oi1?u??lul el01i IN 10 ua?wLlY filtp }M3131V15'lltl ub/msj/mcntnr FEDERMAN AND PHELAN Br-JOSHUA B. SEARS, ESQUIRE Identification No. 83419 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102 Attomey for Plaintiff (215) .563.76(111 Crestar Bank S/B/M To Virginia Federal Savings Court of Common Pleas 901 Semmes Avenue P.O. Box 26149 Richmond, VA 23260$149 Civil Division Plaintiff Cumberland County Vs. No. 995212 Harold J. Mentzer, Executor And Devisee Of The Estate Of Ruth Mentzer 139 Cedar Street Carlisle, PA 17013 Helen Mentzer, Devisee Of The Estate Of Ruth Mentzer 3500 Sullivan Street Mechanicsburg, PA 17055 Andrea Beaston Ga " r yman, Devisee Of The Estate Of Ruth Mentzer 7 2018 Rittrier Highway Carlisle, PA 17013 ` Defendants = <i 0 R D R R -< ^i ANI) NOW, this day of 2000, upon consideruion of Phnitlill's Motion for summary ]udgnenl and Hricf, inn Support (hereof, and upon consideration of the Response, if any, filed by Dclcudmil, the Court deternnincs that Haintilf is eNille(I to Sununary,ludfmrent as a mauler of law, and it is hereby: ORMAED and DECREE) Ihsl an in rer„ ,judtimrcul is entered in favor of Plaintiff :uid against Dclcudanl, Andrea Bcaston Gagman, Devisee 01-1,11c Fstalc Of Ruth Mentzer, lix $23,984.85 plus interest front August 1.3, 1999 at the ratC of $6.47 pcr (licit) and other costs and rharga collectible under the mortgage, fin' kicclosure and sale of f is mortgaged propet1y. BY TI1E Cot IFN': It FEDERMAN AND PHELAN By JOSHUA B. SEARS, ESQUIRE Identification No. 83419 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102 I91a 5&3-7000 Crestar Bank S/B/M To Virginia Federal Savings 901 Semmes Avenue P.O. Box 26149 Richmond, VA 23260.6149 Plaintiff VS. Harold J. Mentzer, Executor And Devisee Of The Estate Of Ruth Mentzer 139 Cedar Street Carlisle, PA 17013 Helen Mentzer, Devisee Of The Estate Of Ruth Mentzer 3500 Sullivan Street Mechanicsburg, PA 17055 Andrea Beaston Gay'man, Devisee Of The Estate Of Ruth Mentzer 2018 Ritner Highway Carlisle, PA 17013 Defendant Attorney for Plaintiff : Court of Common Pleas Civil Division Cumberland County : No. 99-5212 '1111S HIM IS :\ DI(R'I'C'OLLI?Cf'c)R:\'1'1'E:NIPI'ING'f0 COI.I.EfTA DEBT. ANY INFOIt.NI\I'u)5061'AINED IWI1.1, BE USED FOR-I'll,"' PURPOSE.. It:) OU I LAVE PREVIOUSLY RECEWF:D A DISCHARGE IN BANKRUPTCY AND 11 [IS DI•:R'1' 1l':1S N'l )'I' IIEi\I7•llt\tl{U,'1'1 [IS Cl )RI(F:SPONDENCE IS Nol'AND SI1 n'II) NIYr IIFI CONSrRUF:DTO BEANA'I'I'IAIPI'TO ('OLLECI' :\ Uhat'1'.111'I' 17N1.1' I•:hTOli('P.NII•:N'I' l )F A LIEN A(:AINs r I'laintill'resIm-tl'ully requests that Ibe Court enlef au Order },TRntitlg sun Bnap,,judgillcnt in its favor in the above-captioned ue(tter:uul in support I11crcolavec4;Is follows: 1. Time are no material issues of fart. 2. 1'laiwill' is seeking only:n in u:w,judgntcul ill This n)orq;age 161-cclosure anion. 3. Defendant. Andrea lieaston Gapm;ul, llcs.isec OI'"I'he Ga:ue OI' Ruth \lcutzcr , has filed an Ans)ver to the C'onlplainl in )vhirh she has e11celivc1y admiucd all of the :dlct ltiolls of the Complaiul, wi is liatller addressed in Plaintiff's amiched thief. D&II(lauts, I ICICn Mcillm., DC%isce of the Fsnuc of. Rtult Mcnlrcr aild 1l: rold Meillrer, Nxecutormd Devisee ol'the Fsl;tte of Ruth Mentzer have f riled to file an Answer to the Comphtiill, alld PlaintilTCUtend a deliudt•judgzllelll against Ihcnt. A lnre and cotrccl ropy ol'I'laintill's Pt;tcc•ipe lbr,(udt,mtcnt is allac•hed hereto, made part hereof, and ma kcd as Exhibit G. i. Ill her Answer, Deleildanl inwropedy denies pa agmaphs lice and six ol'IhC Complaint, which aver the default and the amounls (file on the Mont; tge. 'I'nrC :md coned Copies of Plaintifl's Mortgage Foreclosure Complaint wild Delcndailt's Anstecr arc auarhed hereto, incorpen:ned herein by rcfercilce, and marked as Exhibits C and 1), respectively. ti. Dalcndaw has failed to suslain her burden ol'presenliilg facts, which contradict the avenilcilts of Plaiiltill's Complaint. DClcmhuu admilled ill parat,gaph dvCC of her Answer that she executed [lie Mor(wage will That lhC Morlg-agc has been assitmecl to l,laiulill'. A uire and correct ropy of the Mortgage is attached hereto, made part hereof, and marked Gxhihits A. 8. The Mortgage is due tier the July 15, 1998 payanent, a period in excess of eighteen mondts. An Affidavit confinniilg the default rued the ounount of the debt is attached hereto, incorporated herein by refircuce, and marked as Exhibit 13. 9. Defendant has admitted that the notice procisioils ol'Act 6 of 1971 do not apply to this case. 10. Act 91 of 1988 does not apply to Ihis c;tse because the mortwag d premises is not occupied by the mortgagor, Muth Mcntzer, demised. ri,5 P.S. 411i8(L401 c (:)(U. if. lkctr if' Ms. Gayotan were a mortgagor, sltc would still not be Clipblc lirr Act 91 assisL•mce since site does not reside at the mortgaged premises,;s admiuccl ill pantArraph two of her Answer. 35 P.S. 41(180.-401 c(a) ( I ). 12. Plaimill'senl notice to Delcild:un I htrrold Mentzer oil March 1, 1999 inforilling him that under Act N oh 1983 he may be cliti?ble fur the I lomc•mencr's Mortgage Assistance Pro),mant. Delc•ndant Harold Mentzer failed, homer, to meet will );1 consumer credit counseling ageuc}t'Ilcc Iempontry• stay pro%ided by [lie Act Icrmioated;md Plaintill a'as Id uith no altematice hot to bcldu lin'celoxure proc•cedings. A Into ;u 'd cone('[ copy of the Acl I Icllcr Io 1 btrold Mentzer is allac•Iced hereto, made p;ut hereof, ;md marked acs Exhibit F. 18, Delcudanl admitted in paratinaph scam ol•ber Answer That PI;tintill'is cutillcd to collect the altunicy lccs claimed ill Plaintill'% C'ompfainl. 1 f. Ucfcndaol has the right to reinslatc the loan up outil ooe hour belole a schaluled Sherill's Sale. \\%I Il;R4:PO121?, Plaintill'respecdidly requests Ih;n an ill uiu judtmtcul be entered ill its lin•or for the amount chic plus iutcrest and costs as prayed for in the Complaint, lix Ibleclosurc and sale ol.tile 111011pi e(l property. Respectfully submitted, o t 13. Scars, Esquire Itorucy for Plaiuull 3 EXIT A mR1'i-1.1-99 FRe XA:M1 ? P.06 1 1"°'"3ad?'t?: ?rU ?`..:nf51 (T E'86/16JnIt3y 9C, l?r7ie; ."?j't?ywa4 •'?la. ?D. LI..;.?4.4V'J..I,?I'•1L..aQ n.,n. .QK _.dLL l.?:J6 AV_J d i REAL PROPERTY MORTGAGE MAuto INDAWaGGe0l Aµ NOerpAAPN epoldAReb Ya901tgDITYLGA.W.I. ., 11?C.L';:; :.fylUl 4F INI. Ruth V. Mentzer f"A"' 'tbeeN0'.;:03920 Market Sc., Suite 10 139 Cedar Street en•••CEap Mill, FA 17011 Carlisle, PA 17013 r; p uom.umssn 'IL .•?'•.'.•? Il ry jl1lm.,? IIIfNn l4',11114MIMMM y Mani y 13ann1N 1 I nn,e l •nn a 11-VAA 1tD- qtl, ?6/1S a 369.16 Is 369.16 1 1110/eel • 170,041.60 132.600.00 THIS MORTGAGE SECURES FUTURE ADVANCES - MAXIMUM OUTSTANDING Sry2.6GG.OD THE WORDS ale 'MV AND"M 'REFER TO AYOY'RNOAYOAS I DE111 1) NT HE MORTGAGNDTt BY THIS MORTGAGE yNg WORDS MORTGAGE OF REAL ESTATE To sOeuN Devmenl of a nafe which I signed today promising to pay_voe!he sbovo Amount Financed Iegather with • finance estate doseTlaod "low And all pm3.n. Ano.urv........nn....a... ••...._. _.._.., ....._.._..._.__ PeneeylvanIA'Counlyol........ ._f..9Dk9t.1ROd•..... ..... .....-.•....••.: 139 Ceder 6t., Carlisle. 9A 17013 Dead look 27-T Page 369 Schedule A ' ALL ^PAT CERTAIN House and Lotof Ground situate to the Dcrou:h of Corltn/off County of Cumberland and or&te or yennoylvnnlal hounded rtd dnne.thcd no follolley to Vltt-. 7100:10T.D on the :forth bp'proporty of the Carlislo Truot Company; on the 'ha.t by pr "orty of the FonnsylVAn1A DOPArtneRt of nah-447p ar the Connenuealth of YenrtylVAntal on the South by property nev or tomarly of John LSadmorl and on the Nest by Ceder Street. DEFAULT if 1 default In money is fell over altar you loreCldaean mn menpegrn nn. ul ynu rv n.r vac-..-.•r•w ••••..._._..,__... _., _ _ _. _ - I agros to pay you the balance. FORECLOSURE PROCEDURE Each of the undaNlgned wolves stay of Reecunen• light of Inquisition and ell exemption from Uvy she oil, undo, Psn.,,l,Anfe law and agrees to condemnation of any real estate felled upon under any execution. EXTENSION Each of the undersigned aglaes that no exlsn Ilan of time of other vallallon of any obligation secured by Into modglge will614cl any other obligations under this m099e0e. WAIVER OF EXEMPTIONS Each of the undoelloned 1e10Re0s end MIInulShes Id you.yauf ,uetasso's and Resign,, all mmllal lights. Including All lights of dow0, And cudeby, homestead exemption And ea final e1emp110AS filling to The above rod little. In WIIMSS Whereol• Mongagorls) hereunto 10KIlod 01sflsl•th,l0 nininjjo))/oon the dill Il}nl serve "li on.. -eEp(1['VA:"Ifttlt Ili " 75-1 a ........ ...... IMN 6DOt V4 PACE 6.?7 ......I ............. .._..... lw . ..............._......._......... ........ ........ ......... ............................. Mon TERMS AND CONDITIONS: PAYMENT OF OBLIGATIONS II I pay Ina nail aeCYned by this mongegttccONing to lie line. then this man0age w111 b null and veld. mnv-.n-vv Fria aa:?1 ?! r . d r i i I r i COMMONWEALTH OF PENNSYLVANIA COUNTYOF ?Zuhba.la...1 O1nnN, m. _.....1.0111 .......... a.r . orlon m. uneenlnn.e am............. ..... . In Wllnltt WMrool,l Nlre,,1oie1 r dAnd aleflll toll ?? l ...a te CAMP ?. I'm A1101 Notfo IL 1011tt NINC Myc 10st. 04 41 cyPR IIUYILW1111 t11 My Iboi¢ I4.i 11.i41a4eNof Nobea qMn My Colnnlddlon hPint.._..„(/_' C/AIICall,of Residence of Monggs, n i Mond.lu nnabyC.nNlat that nt tddr116 11.._._i910l4t4atmSt...?lutn.,101'C®pmN111. IR :j7dtl ... ........... ............... .... ..............__.,.........,,....,...,.,.,...,.,.......... .?ti ? CommonwoUln of Plnnyhanla Counli Dl C A jtk, a I dl of td In N10111te o1 1 boon b.?d PACE ?2b ""A°Nrnendenn na ? rASeC+lro-Mre ue. OtIO1NAl i 1 I 9 7 l EX131BIT B PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF Vtrgl" COUNTY OF RiChmOnd JeCkIe W. 881109 ss. being duly sworn according to law, deposes and says: I . I am employed in the capacity of Vice Preclr±nnt of Suntrust Mortgage Corporation (F/IUA Crestar), mortgage servicing agent for Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. 3. All proper payments made by Defendants have been credited to Defendants' accounts. 4. Defendants' mortgage payments due 7/15/98 and each month thereafter are due and unpaid. 5. The amounts due on the mortgage were correctly stated in the Complaint as follows: Principal Balance $19,843.68 Interest $2,756.22 6/15/98 through 8/15/99 (Per Diem $6.47) Attorney's Fees $800.00 Cumulative Late Charges $34.95 7/10/86 to 8/15/99 Cost of Suit and Title Search $550.00 Subtotal $23,984.85 Escrow Credit $0.00 Escrow Deficit 0.00 TOTAL $23,984.85 6. Mortgagors have failed to reinstate the account or offer any reasonable solution to cure the arrears on the past due mortgage payments. 7. Plaintiff provided mortgagors with a Notice of Intention to Foreclose Mortgage, but Defendants did not take the necessary affirmative steps to avoid foreclosure. 8. Plaintiff continues to suffer unjust financial losses as it pays the taxes and insurance on the property as they become due to avoid a tax upset sale and/or loss to its collateral, all of which accrues to the benefit of Defendants and to the severe detriment of Plaintiff. 9. Plaintiff properly accelerated its mortgage to SWORN TO AND SUBSCRIBED BEFOIjIS -DAY OF ------ , 1999% 5PUBLIC 0 WIIIfOrd -3t zC File Name and Number: Mentzer, Account No.: 798590 Crestar) kvlr?tj EXHIBIT C FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12243 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA. PA 19102 (213) 563-7000 CRESTAR BANK ' S/B/M TO VIRGINIA FEDERAL SAVINGS 901 SEMMES AVENUE P.O. BOX 26149 RICHMOND, VA 23260-6149 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ?(- sa CUMBERLAND COLIFY .p HAROLD I. MENTZER, EXECUTOR AND DEVISEE OF THE ESTATE OF RUTH MENTZER 139 CEDAR STREET CARLISLE, PA 17013 HELEN MENTZER. DEVISEE OF THE ESTATE OF RUTH MENTZER 3500 SULLIVAN STREET MECHANICSBURG, PA 17055 ANDREA BEASTON GAYNIAN, DEVISEE OF THE ESTATE OF RUTH NIENTZER 2018 RITTNER HIGHWAY CARLISLE, PA 17013 Defendant(s) rtt• " "' CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE THIS FIRNI 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. I f 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 enterin= a written appearance personally or by attorney and tiling 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 ajudgment 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. We herby c3rtify the within to be a true and ?t „10 CriCglrl-al tii3CI CT reCCrd oneanl AND PHELAN FEDERMAN AND PHELAN ATTORNEY FILE COPY PLEASE RETURN FEDERMAN AND PHELAN Bv: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12243 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 CRESTAR BANK S/B/M TO VIRGINIA FEDERAL SAVINGS 901 SEMMES AVENUE P.O. BOX 26149 RICHMOND, VA 23260-6149 V. Plaintiff HAROLD J. MENTZER, EXECUTOR AND DEVISEE OF THE ESTATE OF RUTH MENTZER 139 CEDAR STREET CARLISLE, PA 17013 HELEN MENTZER, DEVISEE OF THE ESTATE OF RUTH MENTZER 3500 SULLIVAN STREET MECHANICSBURG, PA 17055 ANDREA BEASTON GAYMAN, DEVISEE OF THE ESTATE OF RUTH MENTZER 2018 RITTNER HIGHWAY CARLISLE, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE 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. We hereby certify the within to be a true and correct copy of the originni'Mcd of record FE0ER ^AN AND PHELA.N 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 r? Plaintiff is CRESTAR BANK S/B/M TO VIRGINIA FEDERAL SAVINGS 901 SENINIES AVENUE P.O. BOX 26149 RICHMOND, VA 23260-6149 2. The name(s) and last known address(es) of the Defendant(s) are: HAROLD J. MENTZER, EXECUTOR AND DEVISEE OF THE ESTATE OF RUTH MENTZER 139 CEDAR STREET CARLISLE, PA 17013 HELEN MENTZER, DEVISEE OF THE ESTATE OF RUTH MENTZER 3500 SULLIVAN STREET MECHANICSBURG, PA 17055 ANDREA BEASTON GAYMAN, DEVISEE OF THE ESTATE OF RUTH MENTZER 2018 RITTNER HIGHWAY CARLISLE, PA 17013 who is/are the real owner(s) of the property hereinafter described. 3. On 7/10/86 RUTH MENTZER made, executed and delivered a mortgage upon the premises hereinafter described to YEGEN EQUITY LOAN CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 824, Page 627. By Assignment of Mortgage recorded 8/18/86 the mortgage was assigned to ATLANTIC FINANCIAL FEDERAL which Assignment is recorded in Assignment of Mortgage Book No. 321, Page 599. By Assignment of Mortgage dated 7/25/90 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 409, Page 249. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 7/15/98 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 die mortgage: Principal Balance $19,843.68 Interest 2,756.22 6/15/98 through 8/15/99 (Per Diem $6.47) Attorney's Fees 800.00 Cumulative Late Charges 34.95 7/10/86 to 8/15/99 Cost of Suit and Title Search 550.00 Subtotal 23.984.85 Escrow Credit 0.00 Deficit 0.00 Subtotal 0.00 TOTAL $23,984.85 7. The attomcv'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. Notice of Intention to Foreclose has been sent to Defendant HAROLD MENTZER by Certified Mail, as required by Act 6 of 1974 of the Commonwealth of Pennsylvania on the date(s) set forth in the true and correct copy(s) of such notice(s) attached hereto as Exhibit "A". 9. Notice of Intention to Foreclose pursuant to Act 6 of 1974 is not required because the defendants HELEN MENTZER and ANDREA BEASTON GAYMAN are not a "Residential Mortgage Debtor" as defined by the Act, having failed to provide Plaintiff notice of its acquisition of title. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant HAROLD MENTZER has failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "B"; or (ii.) Defendant HAROLD MENTZER application for assistance has been rejected by the Pennsylvania Housing Finance Agency. 11. This action does not come under Act 91 of 1983 as to defendants HELEN MENTZER and ANDREA BEASTON GAYMAN because the mortgaged premises is not owner- occupied. 12. Mortgagor RUTH MENTZER died on 4125/97, leaving a Will dated 11/7/96, wherein she appointed HAROLD MENTZER as her Executor. Letters Testamentary were granted to him on 5/7197 in CUMBERLAND County, No. 21-97-4105. Decedent devised her property to HAROLD MENTZER, HELEN MENTZER and ANDREA BEASTON GAYMAN. 13. 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 $23,984.85, together with interest from 8/15%99 at the rate of $6.47 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 6, 1999 CERTIFIED MAIL Harold Mentzer 139 Cedar Street Carlisle, PA 17013 Re: Loan No. :798590 Ruth V. Mentzer 139 Cedar Street Carlisle, PA 17013 NOTICE OF INTENTION TO FORECLOSE We represent Cresctar Bank, servicer for the holder of a mortgage on your property located at 139 Cedar Street, Carlisle, PA 17013, which mortgage is in SERIOUS DEFAULT because you have not made the monthly payment of $389.16 for 7/15/98 through 3/15/99 and or because N/A. Late charges (and other charges) have also accrued in the amount of $0.00. 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 $3,502.44. 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. 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) DAYS of the date of this letter, by paying to us the above amount of $3,502.44, 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 w!thin THIRTY (30) DA-YS, we also intend to start a lawsuit to foreclose on your mortgaged property. - 1 - EXHIBIT A If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If you cure the default before we begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees w:11 be added to whatever you owe us, which may also include our reasonable costs. If you cure this default within the thirty day period, you will not be required to pay the attorney's fees. YoU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDINGS THE NON-EXISTENCE 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 day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to 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 find out at any time exactly what the required payment will be by calling us at the following number: (215) 241-1711. 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 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 MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT (YOU bMI HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MRTCVM 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 CIRCUMSTANCES 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 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, FEDE?-MAN AND PHE:.AfI By: Frank Federman FF:11 cc: Cresta: Mortgage Corp. PIA) Attn:7u1_a F:enderscn Loa,, No.:7935?J CERT_iSDED M.l.".L NCS.: 2 330 154 20'2, 2,52 EXHIBIT A - 2 - Crostar Baru P.O. Box 85052 Richmond, VA 232855052 CERTIFIED RETURN RECEIPT REQUESTED Much 1, 1999 Harold Mentzer 139 Cedar Street Carlisle; PA 17013 RE: Loan. Number 04300010014793675 IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACTION OF 1983 PLEASE READ TRU NOTICE- YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS Dear Mr. Mentor. Your mortgage is in serious default becio, you have failed to pay prompt installments of principal and interest as required, and has exceeded a period of at least sixty (60) days. The total amount of the delinquency is S 1,945.80. That sum consists of mortgage payments at S 1,945.80 and accumulated late charges of 500.00. You may be eligible for financial assistance that will prevent forwlosum on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (The "Aze).Yoa may be eligible for emergency temporary assss='= if your default has been caused by cucumistances beyond you control and if you meet the eligibility mquinments of the Act as determined by The Pennsylvania Housing Finance Agency. Please read all of this notice. It contains an explanation of all your rights. Under the Act, you are entitled to a temporary stay of foreclosttre 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 m¢ting with a tepresenmuve of this lender or with a desiguated consumer credit counseling agency. The purpose of this meeting is to otherwise settle your delinquency. This tooeting must talc: place within the nod thirty (30) days. If you attend a fast-face meeting with this lender or a consumer credit counseling agency identified in this notice, no further foreclosure proceedings make tale: place for thirty(30)days after the date of this meeting. The names, addresses and phone numbers of the designated musumer credit agencies are attached It is only necessary to schedule one face-to-face oussiag. you should advise Crestw Hack :nimedia,dy of your intentions a;;NIBIT B if you have tried and are unable to resolve this pmblen at to der Yea fats-Wfsa meeting You have the right to apply for financial assistance from the Homeowners Emergency Assistance Fund In order w do Homeowners' Enwgmt 7' Assistance Application with the this, You mast fill oat. sign and file it Y, You complete may aWia 7? form from the Credit Counseling Agency pcansyyf Housing Finance AS gency. You Sion must he completed to 'cliff You m completing the apPll?OD your applies and they will happy faea.to-face Mwft . Mail the application d(seeclY to: and Fro wlthtn thirty (30) days H alletycor 2101 North North From S[ttet• P.O. Hoof 8029, , HamabtuB: PA 17105. Their telephone mumbo is (717) 780- 3800 or toll fret number 1-800-342-2397. It is extremely important that you complete your application promptly, if you do not fallow the time periods set forth in this uotiee, foreelowre may proceed against your be= immodiately and you will forfeit you digt7n'w ft assistance' The Pennsylvania Housing Finaars Agenq hat siBtY (60) days w maim a de Asimn after they have m=vtd your application During th" time, no foreclosure proceedings will be Pursued against you if you have met the time requirements set forth in this notice. you will be notified directly by the agency of its' decision an your appliotioa Since you loan is past due, a property inspection has been or will be offered You will be responsible for this cast. Thank you for your promwt attention to this matter. Should you have any questions, please comazt our once at (800)828.79 all free. You loan counselor will be happy to asset you. Julie Hendam CFG (800)828-19S9 EXT 54913 Pennsylvania Housing Finance Agency Homeowner's Emergency Mortgage Assistance Program Consumer Credit Counseling Agencies (Rev. 5/99) Lmr.%iag•r!iuar Caunties Commission For Ca==Uai- ,Action (5;rr?) 2138 Linrala Scree: P. 0. Box 13:9 W(Iliamsnor PA 1"'03 (570) 30.6-35a7 CCCS of Yor_4east,PA 201 Basin Size: WaHamsPOM F.A. 17 703 (570)323-x62' FAX (570) 323.66^<5 CLLYTOCO CCCS of York aster- Pj 1631 S Athenon St Suite 100 StarrCailege, P.4.leacI (814) 238466a FA.'( (814) 238-3669 COLL-JBL\ COUNTY CCCS of Nor_4emten Pennsvlvania 31 W. Market Street 1400 Abington E.xecs:ve Park FOB 1127 Suite 1 Wilkes-Barre. P.S. 1870^_ Clarks Sumaic- P.A. 1841! (370) 821-0837 or (800) 922.953^ (570) 587.9163 or (800) 922-9537 FAX(570) 921-1785 FAX (570) 5a7-913x9135 Commission on Economics Opporcanirf of Luzern Couact 163 Amber Lane Wdim-Barre, PA 18702 (570) 826-0510 or (800) 922-0359 FAX (570) 829-1665-CALL BEFORE FA.YLNG (570) 455-4994 t A=- LTON F.4_Y (570) 455.5631-CALL BEFORE FA.YLYO (570) 836-4090 TMN-M:a4'NOCS Booker T. Washingtor. Center 1720 Holland Street Ere, PA 16503 (814) 453.5744 FAX (814) 453.5749 John F Fenredy Center, Inc. 2021 East 20th St -et Ere, P.A. 16510 (814) 398-0400 FA.Y (814) 898-1243 CRAWFORI) COLN= Greater Erie Com.:.unicr Action Cozanairre 18 West 9t4 Street Erie, P.A. 16501 (814)459-4581 F.a.Y (814) 456-0151 Shenargo Valley Urban League, Inc 601 Indiana Averue Fat-ll, PA 16121 (412) 981.5310 CUMBE.RL4.ND COL N= CCCS of Wester Per sylvan a, L^e. F:aardal Counseling Ser• ices of Franklin 2000 Ung!esmwa Road 31 West 3rd Suet Hamburg, PA 1'102 Waynesboro. P.A. 172666 (717) 541.1757 (717) 762.3235 Urban League of Metropolitan F-am:sburg YWCA of Carlisle N. 6th Street 301 G Street Fa.::sbutg, PA 17101 Carlisle, PA 1-, 013 (,17) 234.5925 (717)^_43.3818 F.A_Y (717) 234-9459 FA.Y (717) 734.4549 Coc =unSry Aeon Co-.•a of the Capital Region Ada.. County Housing Authority 1514 Der; Street 139-143 Carlisle St Fiarnsbur3, PA 1-, 104 Getrisbu3, PA 1"325 (717) 232.9757 (7171334.1518 F.( (717) 2124-2227 FAX (717) 334-3326 =XHIBIT B PENNSYC/ANIA BULLEr-N, YCt 29, NC. 20, NNE S. 1999 A 1'_, 71AT C=.F.TA:`: -ouse and Lot of Ground situate in the 3crou?h of paritsle.iCounty of Cunberland and State of Pennsylvania, bounded s, to wit: R^iMD5D on the Aorth b? property of the Carlisle T,n.?st Company; on ast by property o" the Pennsylvania Departrent of Highways or the Commorwealt', of Pennsylvania; on the South by property now or formerly of John Lindner; and on the West by Cedar Street. ;AVI ;G thereon erected a two story -frame dwelling known and numbered ce 139 Cedar Strec,, Carlisle. Pennsylvania. gpIRG the same premises `which Carlisle Trust Company by its Deed 'dated July 29, 19;1* and recorded in the Cumberland Count Recorder's Office in Deed Book 'T"-s Volume 12, ?age 576, granted and conveyed unto Harold L. James and Helen C. James, his wife. The said Harold L. James died on April 8, 1967, whereupon sole title in said premises vested in his said wife, Helen C. James, who survived him and who is the grantor herein. L iD^ A"D S?J 3tm ??VIE'T EL SS, to a life estate in the above described rremiSes in Pre to the said Felen. C. James the W thin t;p.i.. e_na.n.a ,.or. This ccnvcyance is fror, narent to child, t?e bran` or hereir. be_rb the natural mothor o^ the rantee herein. Rebecca W. Shaia hereby states that she is Assistant Vice President of Crestar Mortgage Corporation, mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unswom falsification to authorities. EL'D.a. Rebecca W. Shaia Assistant Vice President Crestar Mortgage Corporation DATE: _0 /?" EXEE[BIT D CRESTAR BAND S/B/114 TO VIRGINIA IN THE COURT OF COMMON FEDERAL SAVINGS PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL DIVISION HAROLD J. MENTZER, EXECUTOR AND : DEVISEE OF THE ESTATE OF : NO. 99-5212 CIVIL ; THE ESTATE OF RUTH MENTZER HELEN MENTZER, DEVISEE OF THE ESTATE OF RUTH MENTZER ANDREA BEASTON GAYMAN, DEVISEE OF THE ESTATE OF RUTH o MENTZER Defendants ANSWER OF DEFENDANT ANDREA BEASTON 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Defendant is neither able to admit nor deny this allegation as it has not been her responsibility to pay on this debt. Accordingly, the averments are denied and strict proof is demanded. Further, Defendant is neither able to admit nor deny that the referenced notice was actually sent, and to whom it was sent. 6. Defendant is neither able to admit nor deny this allegation as it has not been her responsibility to pay on this debt. Accordingly, the averments are denied and strict proof is demanded. 7. Admitted. 8. Defendant is neither able to admit nor deny this allegation. Accordingly, the averment is denied and strict proof is demanded. 9. Admitted. 10. Defendant is neither able to admit nor deny this allegation. Accordingly the averments are denied and strict proof is demanded. Further, the averments set forth are vague and do not set forth factual claims, rather they set forth assertions that are of a boilerplate nature, with no reference to what has actually occurred in this matter. 11. Denied, in that because one of the individuals with an interest in the property in fact occupies the residence, Act 91 applies. 12.Admitted. 13.Admitted that these legal provisions apply. WHEREFORE, for the above reasons, Defendant Beaston Gayman respectfully requests that the relief requested be denied. Respectfully submitted, BY: Sael W. Milkes JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 (717) 249-8427 - Fax Attorney No. 30130 VERIFICATION I, Andrea Beaston Gayman, verify that the statements made above are true and correct to the best of my knowledge, information, and belief. I make these statements subject to the penalties of 18 Pa.C.S. Section 4904, relating of unsworn falsification to authorities. c?b?r ? r Andrea Beaston Gayman EXHIBIT E FEDER JAN AND PHELAN Suite 900 Two Penn Center Plaza Philadelphia, PA 19102-1799 215-241-1711 Fax: 215-568-7617 April 6, 1999 CERTIFIED MAIL Harold Mentzer 139 Cedar Street Carlisle, PA 17013 Representing Lenders in Pennsylvania and New Jersey Ruth V. Mentzer 139 Cedar Street Carlisle, PA 17013 Re: Loan No. :798590 NOTICE OF INTENTION TO FORECLOSE We represent Crestar Bank, servicer for the holder of a mortgage on your property located at 139 Cedar street, Carlisle, PA 17013, which mortgage is in SERIOUS DEFAULT because you have not made the monthly payment of $389.16 for 7/15/98 through 3/15/99 and or because N/A. Late charges (and other charges) have also accrued in the amount of $0.00. 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 $3,502.44. 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. 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) DAYS of the date of this letter, by paying to us the above amount of $3,502.44, 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 also intend to start a lawsuit to foreclose on your mortgaged property. - 1 - If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If you cure the default before we begin legal proceedings against you, you will still have to pay the reasonable attorney's fees 'actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney'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 day period, you will not be required to pay the attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSERT IN THE FORECLOSURE PROCEEDINGS THE NON-EXISTENCE 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 day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to 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 omit. You may find out at any time exactly what the required payment will be by calling us at the following number: (215) 241-1711. 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 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 MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT (YOU MAY HAVE THE 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 F^.ES 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 CIRCUMSTANCES 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 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, FEDERMAN AND PHELAN By: Frank Federman FF:ll cc: Crestar Mortgage Corp. (VA) Attn:Julie Henderson Loan No.:798590 CERTIFIED MAIL NOS.: Z 338 159 262, 263 - 2 - EXIT F MAP.-12-1999 11:19 CRESTAR REO Creator Bank P.O. Box SW52 Richmond. VA 23285.6052 CERTIFIED RETURN RECEIPT REQUESTED March 1, 1999 Harold Mentzer 139 Cedar Stray Carlisle, PA 17013 RE: Loan Number 04300010014793675 804 291 0137 P. 02/14 CJH W-1102 ?? WORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACTION OF 1983 PLEASE READ TELS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCLAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS Dear Mr. Mentzer, Your mortgage is in serious default because you have failed to pay prompt installments of principal and interest as required, and has exceeded a period of at least sixty (60) days. The total amount of the delinquency is S 1,945.80. That sum cargo of mortgage payments at S1,945.80 and ac; mulated late charges of 500.00. You may be eligible for financial assistance that will prevent foreclosure on yaw mortgage if you comply with the provisions of the Homeowners' Emotgeney Mortgage Assistance Act of 1983 (nw "Act").You maybe eligible for emergency temporary atsisunx if your default has been caused by circumstances beyond you control and if you meet the eligibility requiremen cf the Ace as deterrz&cd by The Pennsylvania Housing Finance Agency. Please read all of this notice. It contains an explanation of all your rights. Under the Act, you are entitled to a temporary stay of fonaclosue on your mortgage for thirty (30) days from rbe date of this notice. Doing that time you must arrange and attend a face-to-Dee meeting with a representative of this lender or with a designated consumer credit counseling agency. The purpose of this meeting is to otherwise settle your delinquency. This meeting must taste phtce within the net thirty (30) days. If you attend a face-lo-face mating with this leader or a consumer credit counseling agency identified in this notice, no further foreclosure proceedings make talc: place for thirty(30)days after the date of this mating. The names, addresses and phone numbers of the designated consumer credit agencies am attached It is only necessary to schedule one face-to-face meeting. you should advise Crestar Bank immediately of yon intentions MAP-12-1999 11:20 CRESTAR REO 904 291 0137 P.03i14 If you have tried and are unable to resolve this problem at or after you teas-todace meeting you have the right to apply for finaneid assistance from the Homeowners' Emergency Assistance Fbn& in order to do this. you must fill out sign and file a complete Homeowners' Emergency Assistance Application with the Pennsylvania Housing Finaute ABeaey. You may obtain your form from the Credit Counseling Ageary and they will be happy to assist you in completing the application. Your application must be completed and posoautz o d within thirty (30) days alter your facato-fax meeting. Mail this applicudon direcdy to: 2101 North Front Street, P.O. Boor 8029, Hartisburg PA 17105. Their telepbona number is (717) 780- 3800 or toll free number 1-800-342-2397. It is extremely important that you cong9em y= application promptly. If you do not follow the time periods set forth in this notice, foreclosure may 'against your home immodiately and you will forfeit your eligibility for assistance. The Peansylvania Flawing Finance Agency has sixty (60) days to male a decision alter they have maned your application. During this time, no foreclosure proceedings will be pursued against you if you bin met the time requirements set forth in this notice. You will be notified directly by the agency of its' derision on your appl(cariom Since you loan is past due a property inspection has been or will be offered You will be responsible for this cast Thank you for your pm attenti on to this matter. Should you have any questions. Please contact our office at (800)828.79 fa free. Your loan counselor wiU be happy to assist you. idlie Hendcdm CFG (800)828-7959 M 54913 MAR-12-1999 11:20 CRESTAR REO 804 291 0137 P.04i14 HUD-APPROVED HOUSING COUNSELING AGENCIES Located in Pennsylvania cPSrrP.R FOR INDEPENDENT LIVING SW CONSU N CO PENNSYLVANIA UNSELING OF PA WESTER 7110 PereAvenue 309 Smithfield Street 71 Piddmrgh PA 15208 Sake 2000 Telephone: 412-371-7700 PittebmEh PA 15222 Telephone: 412471-7584 ELDER-ADO, INC. 320 Brownsville Road Pirt&u& PA 15210 Telepone: 412-3816900 KML COMMUNITY DEVELOPMENT CORPORATION 2015.2017 Centre Avenue pig PA 15219 Telephone: 412-765-1320 ECONOMIC OPPERTUNTIY CABINET OF SCHUYKRd. COUNTY, INC. 118 East Norwegian Street PwMlle PA 17901-2921 Telephone: 717122-1995 MERM COUNTY COMMUNITY AGENCY 309 Ohio Street Sharon PA 16146 Telephone: 412-3421222 GARFIELD JUBILEE ASSOCIATION. INC. 5138 Penn Avenue Pittsburgh PA 15224 Telephone: 412165-5200 URBAN LEAGUE OF PITTSBURGH Ono Smithfield Street Pittsburgh PA 15222 Telephone: 412-261-1130 BERICS COMMUNITY ACTION AGENCY BUDGET COUNSELING CENTER 247 North Fdlh Street Reading PA 19601 Telephone: 610-375.7866 ACTION TABLELAND SERVICES, INC. 131 North Corer Avenue P.O. Box 756 Somme= PA 15501 Telephone: 814-415-9628 814445-0148 FAYETTE COUNTY COMMUNITY ACTION AGENCY 137 North Beeson Avenue Uniontown PA 15401 Telephone: 412.4376050 WARREN FROST COUNTY E.O.C. 1209 Pemeylvania Aveme W. P.O.Box 547 Wants PA 16365 Telephone: 814-726-2400 MAR-12-1999 1120 CRESTAR REO COhMMUNIPY ACTION SOATrHWEST 315 East Mam Avenue WssWagtan PA 15301 Telophame: 412.225-8.9550 WASMN=N43REENE COMAUN1TY ACTION CORPORATION 22 Wesel High fitted Waynesburg PA 15370 Telnphom 412552.2893 CCMMISIONOF ECONONaC OPPORTUNITY OF LUZERNE COUNTY 211-213 South Main Shed Willow-Bam PA 18701 Telepbone: 717.826-0510 604 291 0137 P.05i14 TRI-COUNTY PARTNERSHIP FOR INDEPENDENT LIVING 69 East Hems Sttoet Washington PA 15301 Telephone: 412-223-5115 CONSUNIER CREDIT COUNSELING SERVICE OF LEHIGH VALLEY 3671 Crew= Caul Easel Whitehall PA 18052 Telephone: 610-821.4011 HOUSING COUNCIL OF YORK 116 North Oeorge Shea York PA 17401 Telephone: 717-854-1541 EXHIBIT G FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Two Penn Center Plaza - Suite 900 Philadelphia, PA 19102 (215) 563-7000 Crestar Bank s/b/m to Virginia Federal Savings 901 Semmes Avenue P.O. Box 26149 Richmond, VA 23260 Plaintiff VS. Harold J. Mentzer, Executor and Devisee of the Estate of Ruth Mentzer Fry Communications Hempt Road Mechanicsburg, PA 17055 Helen Mentzer, Devisee of the Estate of Ruth Mentzer 3500 Sullivan Street Mechanicsburg, PA 17055 Defendant(s) Attorney for Plaintiff : Cumberland COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION : NO. 99-5212 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 Harold J. Mentzer. Executor and Devisee of the Estate of Ruth Mentzer and Helen Mentzer. Devisee of the Estate of Ruth Mentzer, Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $23,981.85 Interest 8/15/99 to 11/19/99 $621.12 TOTAL $24,605.97 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237. 1, copy attached. / F t FED RMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT A.ND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE A,N ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. " 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 CRESTAR BANK S/B/M TO VIRGINIA COURT OF COMMON PLEAS FEDERAL SAVINGS Plaintiff VS. HAROLD J. MENTZER, EXECUTOR AND DEVISEE OF THE ESTATE OF RUTH MENTZER HELEN MENTZER, DEVISEE OF THE ESTATE OF RUTH MENTZER ANDREA BEASTON GAYMAN, DEVISEE OF THE ESTATE OF RUTH MENTZER Defendant(s) TO: HAROLD J. MENTZER FRY COMMUNICATIONS HEMPT ROAD MECHANICSBURG, PA 17055 DATE OF NOTICE: SEPTEMBER 22, 1999 . CIVIL DIVISION CUMBERLAND COUNTY NO. 99-5212-CIVIL F1LE ???? 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 Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 CRESTAR BANK S/B/M TO VIRGINIA FEDERAL SAVINGS Plaintiff VS. HAROLD J. MENTZER, EXECUTOR AND DEVISEE OF THE ESTATE OF RUTH MENTZER HELEN MENTZER, DEVISEE OF THE ESTATE OF RUTH MENTZER ANDREA BEASTON GAYMAN, DEVISEE OF THE ESTATE OF RUTH MENTZER Defendant(s) TO: HELEN MENTZER 3500 SULLIVAN STREET MECHANICSBURG, PA 17055 DATE OF NOTICE: SEPTEMBER 22, 1999 G ?`t tyl 1 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 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY . NO. 99-5212-CIVIL 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 Attorney for Plaintiff Crestar Bank s/b/m to Virginia Federal : Cumberland COUNTY Savings Court of Common Pleas Plaintiff VS. : CIVIL DIVISION NO. 99-5212 Civil Harold J. Mentzer, Executor and Devisee of the Estate of Ruth Mentzer Helen Mentzer, Devisee of the Estate of Ruth Mentzer Defendant(s) 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 Harold J. Mentzer, Executor and Devisee of the Estate of Ruth Mentzer is over 18 years of age and resides at Fry Communications Hempt Road, Mechanicsburg, PA 17055. (c) that defendant Helen Mentzer, Devisee of the Estate of Ruth Mentzer is over 18 years of age, and resides at 3500 Sullivan Street, Mechanicsburg, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERi AN Attorney for Plaintiff (Rule of Civil Procedure No. 236 - Revised) Crestar Bank s/b/m to Virginia Federal Savings Plaintiff Cumberland COUNTY Court of Common Pleas CIVIL DIVISION VS. Harold J. Mentzer, Executor and Devisee of the Estate of Ruth Mentzer Helen Mentzer, Devisee of the Estate of Ruth Mentzer Defendant(s) NO. 99-5212 Civil Notice is given that a Judgment in the above captioned matter has been entered against you on November 11999. By DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Filing Party SUITE 900 TWO PENN CENTER PLAZA PHILADELPHIA. PA 19102 (215)563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND XNY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY - RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AIND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY. ENFORCEMENT OF A LIEN AGAINST PROPERTY. *' .IOAhua B. SC:Oti, Esquire, hereby slales That Ice is the attorney for Plaintiff in this action, that he is atdhorired to make this terific:dion, and Thal the suttcutcuts oracle ill the Ib egoing Motion lirr Sunnn;uy ,Judgment and Briel'are Iruc and corrcri to the best of her knotdcdge, inlimnatiou, and bclicl'.'1'hc undersipcd understands that Iltis slnlemcut herein is made subject to IILC pcualtics of 18 P.I.C.S. 44904 relating to uus%vorn lidsilication io authorities. -? 1?-- Dale Jost B. Sears, Esquire Attorney Ibr Plaintilf FEDERMAN AND PHELAN By: JOSHUA B. SEARS, ESQUIRE Identification No. 83419 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102 Attorney for Plaintiff (2151 563.7INNf Crestar Bank S/B/M To Virginia Federal Savings Court of Common Pleas 901 Semmcs Avenue P.O. Box 26149 Richmond, VA 23260$149 Civil Division Plaintiff Cumberland County VS. Harold J. Mentzer Executor And No. 99-5212 , Devisee OFThc Estate Of Ruth Mentzer C) ' o 139 Cedar Street 7 -Ui;, r` C- T1 Carlisle, PA 17013 !C - r"n Helen Mentzer, Devisee Of The Estate Of Ruth Mentzer ` ' p ' c :•' 3500 Sullivan Street ra 4 Mechanicsburg, PA 17055 Andrea Beaston Gayman, Devisee Of The Estate Of Ruth Mentzer 2018 Ritmer Highway Carlisle, PA 17013 Defendant CERTIFICATION OF SERVICE 1 hereby ccr61"). Ih;u a true and correcl copy of Plaiutill's Motion li r Sununap',ludtimmnl, Bricf in Support thereof and Praccipe for Argument Arere scnrd by regul;u mail oil dtc Deliudauts on the date listed below: S;unucl W. Milles, Esquire I Iclcu Mcuver Ilarold Meulzcr :32 East Iligh Street 3500 Sullivan Surcl Fry Communications Carlisle, PA 17013 Mechanicsburg, P:\ 17055 I lempl Road Mechanicsburg, P.,\ 17035 Dalc:(?l7 -ZL? ll .lusl . Scars, Fsquirc :\nontcy fill Plaintiff PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) Crestar Bank S/B/M to Virginia Federal Savings VS. (Plaintiff) Harold J. Mentzer, Executor and Devisee of the Estate of Ruth Mentzer Helen Mentzer, Exectuor and Devisee of the Estate of Ruth Mentzer Andrea Beaston Cayman, Devisee of the Estate of Ruth Mentzer (Defendant) No. 99-5212 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Joshua B. Sears, Esquire Address: Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102 (b) for defendant: Samuel W. Milkes, Esquire Address: 52 East High Street Carlisle, PA 17013 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Date: i'10)02 t rneyforPlaintiff ??-_ J C ? " iC ? i UQ c _ ? J CC) tJ IJ V CD (J FEDERMAN AND PHELAN By: Joshua B. Sears, Esquire Identification No. 83419 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102 (215) 563-7000 Crestar Bank S/B/M To Virginia Federal Savings 901 Semmes Avenue P.O. Box 26149 Richmond, VA 23260-6149 VS. Plaintiff Harold J. Mentzer, Executor And Devisee Of The Estate Of Ruth Mentzer 139 Cedar Street Carlisle, PA 17013 Helen Mentzer, Devisee Of The Estate Of Ruth Mentzer 3500 Sullivan Street Mechanicsburg, PA 17055 Andrea Beaston Gayman, Devisee Of The Estate Of Ruth Mentzer 2018 Rinner Highway Carlisle, PA 17013 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 99-5212 PRAECIPE TO WITHDRAW MOTION FOR SUMMARY JUDGMENT TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion for Summary Judgment, which it filed in the above captioned matter. Date: _!?z rTb Joshu . Sears, Esquire Atto tey for Plaintiff - U ?'; -r... _. i c? i i. i . 1 _ ?' i.. 1.... ._ L G- (_ f.l _. PA?lLLAJ6lN u.OlSpttLIXB aui Auww?el?l ne?alry to vaae'U tl CG?<0 1tl93131V15?tltl FEDERMAN AND PHELAN By: Frank Federman Identification No. 12248 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102 (215) 563.7000 Crestar Bank S/B/M To Virginia Federal Savings 901 Semmes Avenue P.O. Box 26149 Richmond, VA 23260-6149 vs. Plaintiff Harold J. Mentzer, Executor And Devisee Of The Estate Of Ruth Mentzer 139 Cedar Sweet Carlisle, PA 17013 Helen Mentzer, Devisee OfThe Estate Of Ruth Mentzer 3500 Sullivan Street Mechanicsburg, PA 17055 Andrea Beaston Gayman, Devisee Of The Estee Of Ruth Mentzer 2018 Ritmer Highway Carlisle, PA 17013 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 99-5212 PRAPCIPF TO SETTLE DISCONTINUE AND END TO T111? PROTI IONOTARY: Please mark the above captioned case settled, discontinued and ended. Frank FedermatVjbs Attorney for Plaintiff C) W ?T Zs mw owoeeeme a,i'm,on.?,am?>inam I=WSWa tl cc uo ':vo3i azvtrnv