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HomeMy WebLinkAbout03-4233FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SU1TE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHARTER ONE MORTGAGE CORPORATION S/B/M TO CHARTER ONE CREDIT CORPORATION 10561 TELEGRAPH ROAD GLEN ALLEN, VA 23059 Plaintiff MELISSA GREENE THOMAS BEERS 515 THIRD STREET ENOLA, PA 17025 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY Defendant(s) CML ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other fights 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 COLrNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. File #: 78473 Plaintiffis CHARTER ONE MORTGAGE CORPORATION S/B/M TO CHARTER ONE CREDIT CORPORATION 10561 TELEGRAPH ROAD GLEN ALLEN, VA 23059 The name(s) and last known address(es) of the Defendant(s) are: MELISSA GREENE THOMAS BEERS 515 THIRD STREET ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/14/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1579, Page 986. 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 02/19/2003 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. File #: 78473 The following amounts are due on the mortgage: Principal Balance Interest 01/19/2003 through 08/26/2003 (Per Diem $14.50) Attorney's Fees Cumulative Late Charges 10/14/1999 to 08/26/2003 Cost of Suit and Title Search Subtotal $52,965.35 3,190.00 1,250.00 142.02 $ 550.00 $ 58,097.37 Escrow Credit 0.00 Deficit 1,547.45 Subtotal $ 1,547.45 TOTAL $ 59,644.82 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 59,644.82, together with interest from 08/26/2003 at the rate of $14.50 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. By: FEDERMAN AND PHELAN~ LI~e ' /~Hall~~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attomeys for Plaintiff File #: 78473 BEING l~10I~l AS: .515 '~'UIRD STREET. VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unswom falsifications to authorities. DATE: Attomey for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL[NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHARTER ONE MORTGAGE CORPORATION S/B/M TO CHARTER ONE CREDIT CORPORATION Plaintiff VS. MELISSA GREENE THOMAS BEERS Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION' CUMBERLAND County No. 03-4233 C.T PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: September 5, 2003 FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff /jrh, Svc Dept. FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHARTER ONE MORTGAGE CORPORATION S/B/M TO CHARTER ONE CREDIT CORPORATION 10561 TELEGRAPH ROAD GLEN ALLEN, VA 23059 Plaintiff MELISSA GREENE THOMAS BEERS 515 THIRD STREET ENOLA, PA 17025 Defendant(s) ATTORNEY FOrA .Ii~IFF_.-~j ,~ 5- c'- ."o O COURT OF COM _Iv~.~N P._/~EA~ CIVIL DIVISION TERM CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER Al'' ONCE. 11: 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 File #: 78473 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUI'fI~ 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHARTER ONE MORTGAGE CORPORATION S/B/M TO CHARTER ONE CREDIT CORPORATION 10561 TELEGRAPH ROAD GLEN ALLEN, VA 23059 Plaintiff ATTORNEY FOR PLAIN lllq~ COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY MELISSA GREENE THOMAS BEERS 515 THIRD STREET ENOLA, PA 17025 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the ,:laims 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. Y'ou 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 c,ther 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 File #: 78473 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME; AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAI' BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE (}UR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is CHARTER ONE MORTGAGE CORPORATION S/B/M TO CHARTER ONE CREDIT CORPORATION 10561 TELEGRAPH ROAD GLEN ALLEN, VA 23059 The name(s) and last known address(es) of the Defendant(s) are: MELISSA GREENE THOMAS BEERS 515 THIRD STREET ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/14/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1579, Page 986. 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 02/19/2003 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. The following amounts are due on the mortgage: Principal Balance Interest 01 / 19/2003 through 08/26/2003 (Per Diem $14.50) Attorney's Fees Cumulative Late Charges 10/14/1999 to 08/26/2003 Cost of Suit and Title Search Subtotal $52,965.35 3,190.00 1,250.00 142.02 $ 550.00 $ 58,097.37 Escrow Credit 0.00 Deficit 1,547.45 Subtotal $ 1,547.45 TOTAL $ 59,644.82 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. Iftbe Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage documenl, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or ihas/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 59,644.82, together with interest from 08/26/2003 at the rote of $14.50 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. By: FEDERMAN AND PttELAN. JL~t ' /~rr~ncis S. l-lallinan FRAtNK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLD,[AN, ESQUIRE Attorneys for Plaintiff BEING KNO~N AS: 515 I~IIIlD STREET. VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Pla'mtiffin this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiffand are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unswom falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: ,SHERIFF'S RETURN - CASE NO: 2003-04233 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHARTER ONE MORTGAGE CORP VS GREENE MELISSA ET AiL OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT GREENE MELISSA but was unable to locate Her deputized the sheriff of YORK serve the within COMPLAINT - MORT FORE Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, He therefore Pennsylvania, to On October 16th , 2003 attached return froTn YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Mileage 10.35 Dep York County 60.40 107.75 10/16/2003 FEDERMAN & PHELAN Sworn and subscribed to before me this ~ day A.D. I Prothonotary ' this office was in receipt of the So answe, r~: /- / ~. Thomas Kline Sheriff of Cumberland County COUNTY Of YORK / OFFICE OF THE 28 EAST MARKET ST., YORK, PA 17401 ' ~ SHERIFF SERVICE INS~~ PROCESS RECEI~ and AIFFIDAVIT OF RETURN ~ ~ ~LY L~E 2 ~U ~ N~ D~ A~ ~1~ 1 P~INTIFF/~ 2, COURT NUMBER ~ter ~e Mortgage Co.ration 0~-423~ ~ ~ 4. ~PE OF WRIT OR COUP~iNT 3. DSFENDANIISl Notice & ~la~t Mel~sa G~ene et al ~ Mortgage Foreclosure SERVE ~' 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD· Melissa Greene 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORe, TWP., STATE AND ZIP CODE) AT 55 Northcrest Road York Haven, PA 17370 7 ~NBICATE SERVICE: [~ PERSONAL ..] PERSON IN CHARGE ~I~'DEPUTIZE ~ CERT MAIL -~ 1ST CLASS MAIL [~ POSTED ~ OTHER NOW S~ptemher 9 ,2003 I, SHERIFF (~Ii~'JNTY, PA, do h.~reby deputize/t.~sheriff of York COUNTY to execute thisJ~r a~][~l~ return th.J~e(~..*'.~cgrding to law. This deputization being made at the request and risk of the plaintiff. v I, SHERIFF OP~COUNTY 8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ~berlana OUT OF COUNTY ADVANCED FEE PAID BY ATTY NOTE: ONLY APPLICABLE ON WRIT OF EXECUTleN: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, affer notifying person of levy or al/achment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, er removal of any properly before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE [ 10 TELEPHONE NUMBER 11. DATE FILED FEDERMAN & PHELAN 1617 JFK BLVD. PHILA, PA 19103 1215-563-7000 8-27-03 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF -- DO NOT WRITE BELOW THIS LINE 13. lacknowledgereceiptofthewrit 14 DATE RECEIVED 15. Expiration/HeadngDate or complaint as indicated abeve. ~R. AHREN~/ 9-11-03 9-26 03 16. HOW SERVED: PERSONAL (~ RESIDENCE (,~ POSTED ( ) POE { ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. [~ I hereby certify and return a NOT FOUND because I am unabte to locate the individual, company, etc. name above. (See remarks below. 18. N/~M~EAND. TITLE OF INDIVIDLJAL SERVED / LIST ADDRESS HEREIF NOT SHOWN .~*.BOVE (Relationship to Defendant 19. Da. reef Sen/ice 20. ~meofService 23. AdvanceCo~ts ~ 7%rv~e COSTS 25. NIF 3262 .Mi~%e 27. POstage 28. SubTotal 29 Pound 30. Notary 41 AFFIRMED and subscflbed to before me this ~ . / ..~.. SO ANSWERS · Signature of 45 D E ~oTARIAL SEAL PRO ~' / ~ ,~. S~g.at. ~ o[Yor~ 4C'/DA'~E ~ ME~Li~ISA J SNAFF. ER, Notary Pub'~'"T CounfyShedff .~)' . ./ 48. S~gnature of Foreign 49. DATE 50. I A NOWLEDGE RECEIPT OF THE SHER RN SIGNATURE 51 BATE RECEIVED 1. WHITE - Issuing Authority 2. PINK -Attomey 3. CANARY - Sheriffs Office 4. BLUE - Sheriff's Office COUNTY OF YORK 2 of 2 OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RE,TURN 1. PLAINTIFF/S/ Charter One Mortgage Corporation 3 DEFENDANT/S/ SERVEAT SERVICE CALL (717) 771-9601 INSTRUCTIONS PLEASE TYPE ONLY UNE .t THRU DO NOT DETACH ANY COPIES 2 COURT NUMBER 03-4233 civil 4 TYPE OF WRIT OR COMPLAINT Melissa Greene et ail Notice & Cc~laint i n ~4~rf~a~ For¢c] os]ire 5, NAME OF iNDIVIDUAL, COMPAN~ CORPORATION, ETG TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, A~ACHED, OR SOLD Thomas Beers 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, SORe, TWP., STATE AND ZiP CODE) 55 Northcrest Road York Haven, PA 17370 7 INDICATE SERVICE: ~ PERSONAL o PERSON IN CHARGE ~DEPUTIZE ~,~IL] ~. ,,;I 0 1ST CLASS MAIL F.J POSTED L.IOTHER NOW September 9 ,20 03 _ I, SHERIFF OF'I~COUNTY, PA, do hereby deputize, tt]9;sheriff of York COUNTY to execute thisJ~ a~rrj~ return thgI~/~ording to law. This deputization being made at the request and risk of the plaintiff. ~ j.~r~____.~,~i~._./..~- - · ~-/, ~' SHERIFF OFI%UNTY 8 SPECIAL iNSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ~O~.~ ~'~ q('o C~r~[o.e~ ~------__~n~-1%~_¥-;~ CUMBERLANDOUT OF COUNTY ADVANCgD'FEE PAID BY ATTY' NOTE: ONLY APPLICAeLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaiotiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. ~EDERMANg' TYPE NAME and(~ADDRESS[3HELANOf A'FJ'ORN EY / ORIGINATOR and SIGNATURE 1071TELEPHONE~_ ~ '~- 7 (~I(~NUMBERII 11.R_.)7_0 ~DATE FILED tg. SEND NOTICE OF S.ERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). SPACE BELOW FOR USE OF THE SHERIFF ~ DO NOT WRITE BELOW THIS LINE 13. lacknowlodgereceiptotthewdt I 14. DATE RECEIVED 15 Expiratiort/HeadngOate Oi' complaint as indicated above. R. AHRENS 9-11-03 9-26-03 16. HOW SERVED: PERSONAL ~ RESIDENCE (,~"'~PPOSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. r~ I hereby ~.~nd return a NOT FOUND beca use I am unable to locate the individual, company, etc. name above (See remarks below.) 18, NAME AN[~',~'TI_E OF I NDIV~DIJ,~'SFJ~V~D / LiST ADDRESS HERE IF bilL%SHOWN ABOVE (Relationship to~efendaot) [ 19. D~Ie of Se~/ice ~ 20. ~me of Service I ,,, '1 '1 'l · 23 Advance Costs 24 Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29, Pound 30. Nota~ 31. Surchg. 32. Tot. Costs 33, Costs OueorRefun~ Che;k No 34. Foreign County Costs I 35. Advance Costs I 36. Service Costs I 37. Notary Cert. I 38, Mileage/Posted/Not Found ] 39, Total Costs / My Commi$.lo. Expir.s Apdt 20, 2006~ County Sbenff ~,~ ,~ M '/ K'~'~, ~/ WTLTIAM M. HOSE 48. Signature of Foreign ~. I NOWLEDGE RECEIPT OF THE SHERle RETURN SIGNATURE *Hoff, 1. WHITE - I.~suing Authodfy 2. PINK -Attomey 3 CANARY - Sheriff's Office 4. BLUE - Sheriff's Office 40. Costs Due or Refund 10-3-03 49. DATE 51. DATE RECEIVED COUNTY OF YORK OFFICE OF THE SHERIFF , (717) 771-9601 28 EAST MARKET ST., YOR~, PA 17401 ? INSTRUCTIONS SHER ,1~= SI"RVICE PROCESS RECEIPT ai~ AFFIDAVIT OF RETURN I PLAINTIFF/S/ Q~'~rter One Mort:gage Cor~'~ratiorl 3. DEFENDANT/St SERVEAT { PLEASE TYPE ONLY LINE I THRU t2 DO NOT DETACH ANY COPIES 2. COURT NUMBER 03-4233 civil 4. TYPE OF WRIT OR COMPLAINT ~'eliss~ Greene ~!: al Notice & 55 Noz~hc~e~t P,c~ Yolk HaYen. PA 17270 7 INDICATE SERVICE: ~J PERSONAL LI PERSON IN CHARGE ~ DEPUTIZE 'J CERT MAIL IJ 1ST CLASS MAiL 'J POSTED J OTHER NOW Se! t ~nb_~ ~:~ , ~ e~ ~ 20 G3 I, SHERIFF O¢:~ ~C~)~NTY, PA, do hereby deputize the sheriff of 7~'~ COUNTY to execute thi~i~d~e return t~ording to law. This deputization being made at the request and risk of the plaintiff. 8 SPEC[AL tNSTRUCT~ONS O~ OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: NOTE: ONLY APPLtCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any depu~ sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after ~otifying person of levy or abachme~t, without liability on the part of such deputy' or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sherih~s sale thereof 9 TYPENAMEandADDRESSofAlq'ORNEY/ORIGligATORandSIGN/~URE 10. TELEPHONENUMEER 11 DATEFILED . SPACE BELOW FOR USE OF THE SHERIFF -- DO NOT WRITE BELOW THIS LINE 13 14.~ DATE RE,~CEIVED 15 Expl,ration/Hearing Date I acknowledge receipt of the writ . "- 1 !. - d ~' ~ - ] {; - 0 .~ or complaint as indicated above. : ? 16. HOWSERVED: .. PERSONAL~'~'~ RESIDENCE(¢~ POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 18 NAME A~LE OF INDIVI~ ~D / LIST ADDRESS HEREJF NOT SHOWN ABOVE Relationship to,Defendant) 19. Date of Se~i~ 20. ~me of Se~i~ 23 Advance Costs 24. Sewice Costs 25. N/l: 26 Mileage 27. Postage 28. Sub Total J 29. Pound 30. Notary J 31. Surchg. 32 Tot Costs ~1. Foreign County Costs ?[ 35..A'd~,rrceO~,t8 ~6. Service Costs 138. Mileage/Posted/NotFound ,39. TotalOosts I 42. day o[ "~ ' '~ T~~'~ '~"~' ~B Signalure of'~' ' .26~ '~ 43 ' ! Dep. Sheriff ~"~ '- (-' ' ~ PFtO , Signature o~ yo~~ ~ : ~-' ....... ' County Shedff 50. I A/6KNOWLEDGE RECEIPT OF THE SNE~iF~' RETORN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY ANO TITLE 1 WHITE - Issuing Authority 2. PiNK - Attorney 3 CANAR~ -Shefiff¢'Of~i ¢4. 'BLUE' - ~herifFs Office 33 C0sts Due 0r Refund Check Nq FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 i215} 563-7000 CHARTER ONE MORTGAGE CORPORATION S/BfM TO CHARTER ONE CREDIT CORPORATION 10561 TELEGRAPH ROAD GLEN ALLEN, VA 23059 Plaintiff, MELISSA GREENE THOMAS BEERS : NO. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION 03-4233 CIVIL TERM Defendant(s). : PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against MELISSA GREENE and THOMAS BEERS, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 8/26/03 to 11/11/03 TOTAL $59,644.82 $1,131.00 $60,775.82 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY FEDERMAN ~ND PHELAN, LLP , .FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (9 1 ~) 563-7000 CHARTER ONE MORTGAGE CORPORATION S/B/M TO CHARTER ONE CREDIT CORPORATION Plaintiff Vs. MELISSA GREENE THOMAS BEERS Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 034233 CIVIL TERM TO: THOMAS BEERS 55 NORTHCREST ROAD YORK HAVEN, PA 17370 DATE OF NOTICE: OCTOBER 30, 2003 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 AI-JI:MPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF 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 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN A:ND PHELAN, LLP , FRANK FEDERMAN, ESQ., Id. No. 12248 'LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (915) 563-7000 ATTORNEY FOR PLAINTIFF CHARTER ONE MORTGAGE CORPORATION S/B/M TO CHARTER ONE CREDIT CORPORATION Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION VS. : CUMBERLAND COUNTY MELISSA GREENE THOMAS BEERS : NO. 034233 CIVIL TERM Defendants TO: MELISSA GREENE 55 NORTHCREST ROAD YORK HAVEN, PA 17370 FILE DATE OF NOTICE: OCTOBER 30. 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE 1N 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 DAYS FROM THE DATE OF THIS NOT[CE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES TI-Idk.~ T~[~Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff UUUNIY OEYORK OFFICE OF. THE SHERIFF- , 28 EAST MARKET SF~.L,.~K, PA 17401(....._ ;/,11_~/'~ ~,, SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ Charter One Hortgage Corporation SERVICE CALL (717) 771-9601 INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 2. COURT NUMBER hq-4?qq c.'~xrl 1 4 TYPE OF W~IT OR COMPLAINT 3. DEFENDANT/~ Notice &Ccmplaint Melissa Greene et al in Mortgage Foreclosure SERVE ~" s. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, A1-rACHED, OR SOLD. Helissa Greene 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CI'P~ BORO, TWP., STATE AND ZIP CODE) AT 55 Northcrest Road York Haven. PA 17370 ~;NM~CATESERVICE: O ,~.;~.~i~LT ~PERSONIN~%~ i:~,,C~tL~Ti~FF C~l~N~;CA~;~);Lreby zork COUNTY to execute this V~ieaj:~,~al~ return thL~ording to law. This deputizati on being made at the request and risk of the plaintiff. 8. SPSCIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL AEJSIST IN EXPEDITING SERVICE: Cumberlana OUT OF COUNTY ADVANCED FEE PAID BY ATTY NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N,B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or at[aching any property under within wdt may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, ar removal of any property before sheriff's sale thereof. 9. TYPE NAME and ADDRESS OFATTORNEY/ORIGINATORand SIGNATURE 10. TELEPHONE NUMBER 11. DATEFILED FEDERMAN & PHELAN 1617 JFK BLVD. PHILA, PA 19103 215-563-7000 8-27-03 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area rn~st be c~mpleted if notice is to be mailed). CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF -- DO NOT WRITE BELOW THIS LINE 13. I acknowledge rec~pt of the WTdt 14. DATE RECEIVED 15. Expiration/Heafin~ Date o~.~.~.t..~,~ed~bev.. ~ R. AHRE~.~.~ 9-11-03 9-26'-03 16. HOWSERVED: PERSONALF~U~' RESIDENCE(~')' POSTED( ) POE( ) SHERIFPSOFFICE( ) OTHER( ) SEE REMARKS BELOW 17. O I hereby ce~fy and ream a NOT FOUND because I am unable to locate the individual, company, etc. name above. (See remarks below,) 18..N~I~_ ANO/tTITLE OF INDIVIDU.,AL SERVED / LIST ADDRESS HERE if NOT SHOWN .~OVE (Relationship to Defe~lan0 19. Date of Se~ice 20. Time of Se~ice 24.00 32.40 29. Pound 30. Notary 31. Surchg. 32. Tot Costs 23. /~:]vanceCosts 24. ServiceC~sts 25. N/F 26. Mileage 27. Postage 28. SubTotal 4. O0 75.00 56.40 60 NOTARIAL SEAL PRO ,~IY / Ill~A" 46. Signature of York ] MELISSAJ SHz'~FEER, Mo~ryPub'~:~r CoumyShedff J40, Costs Due or Re.nd 10-3-03 49. DATE J51 DATE RECEIVED FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215~ 563-7000 CHARTER ONE MORTGAGE CORPORATION S/B/M TO CHARTER ONE CREDIT CORPORATION 10561 TELEGRAPH ROAD Vo MELISSA GREENE THOMAS BEERS Plaintiff, Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-4233 CIVIL TERM 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 MELISSA GREENE is over 18 years of age and resides at, 515 THIRD STREET, ENOLA, PA 17025 . (c) that defendant THOMAS BEERS is over 18 years of age, and resides at, 55 NORTHCREST ROAD, YORK HAVEN, PA 17370. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff '. LEGAL DESCRIPTION ALL THAT CERTAIN ~ract or pan:el of ground situate in ttae Township of Ea~st Pennsbero ~rl~ ~umx, P~sytvania, mo~ p~dy ~ ~d d~fi~ a~o~ing to s~ey of William E. ~, Jr., Pm~s~ ~r, d~ed May 13, t~, ~ follo~: TRACT BETJlNNING at a point on the No~h~astcrly side of Third Street one hundred thirty-five (135) feet Northeastwaixtly fi'om the Not'thea~ corner of the intersection of Third S~eet and [z"~mst Street; thex~c¢ NortheastwaMty along the Northeasl~'ly side of Third Street (1:5) feet {o a point; ~ Norlh .56 de~ees 30 minutes East along line of land known ami numbered as 517 Third Street one hundi'~d thirteen (I 13) feet to a point On the South~,eslerly line of a twenty feel wide alley; thence So'nth 35 degrees 45 milmte$ F~st along same fifteem (15) to a pairs; thence South ,56 degrees 30 mirmtes West through the center line of a partition wall between premises herein described and premises 513 Tl~ird Street and be~'ond, one hurglro:l thin:cea and fortyqwo one-hundredths (113.42) fe~ to a point, the @lace of Beginning. BEGINNING at a point 150 feet Norlh of Locus Street along the Easters side of Third Street ~,t a corner of lot now of late of S. lB. Sheep; thence Northwardly along Third Street 1:5 feet to the center of lot No. 41; those Eastwardly through the eellter of said lot, 112 feel more or less, to aa alley; thence Southwardly along said alloy, 15 feet to lot l~w or late of Oliver Frovtig; thence Westwardly along ~id Frov£ig lot, 113 feet, more or les~, to the place of l~ginning. TITLE 1~ SUBIECT PREMISF$ IS VE3TED IN Melissa Greene and Thomas Beers. as joint tenants with right of survivotsliip by reason of the following: BEING THE SAME PREMISES vchicb Alice Be~rs by Deed dated 8/31/1994 and recorded on 91111994 in Count)' of Cumberland in Deed Book 111 page 229 conveyed acne Edwin tL Fleck a~,d JlKlyth E~ Fleck, his wife AND ALSO BEING THE SAME PREMISES which Edwin H. Fleck and {udyth E. Fleck, his wife by Quit-Claim De:ed dated 10t14f1999 and re~ oll 11fl/1999 in the County of Cumberland in D~ Book 210 page 942 conveyed un~o Melis$~ Greene and Thomas Beers, as joint tenants with rights of surdvorship. Tax ParCel #45-t7-10-¢4-004 Tax Parcel #45-17-10444)03 PROPERTY: 515 THIRD STREET, ENOLA, PA 17025 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHARTER ONE MORTGAGE CORPORATION S/BfM TO CHARTER ONE CREDIT CORPORATION 10561 TELEGRAPH ROAD MELISSA GREENE THOMAS BEERS Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-4233 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 2oo . DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE 1N BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.* * FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHARTER ONE MORTGAGE CORPORATION S/B/M TO CHARTER ONE CREDIT CORPORATION 10561 TELEGRAPH ROAD MELISSA GREENE THOMAS BEERS Plaintiff, Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-4233 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MELISSA GREENE is over 18 years of age and resides at, 515 THIRD STREET, ENOLA, PA 17025 . (c) that defendant THOMAS BEERS is over 18 years of age, and resides at, 55 NORTHCREST ROAD, YORK HAVEN, PA 17370. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to author/ties. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD. SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHARTER ONE MORTGAGE CORPORATION S/B/M TO CHARTER ONE CREDIT CORPORATION Plaintiff, MELISSA GREENE THOMAS BEERS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-4233 CIVIL TERM CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ) an FHA mortgage ) non-owner occupied ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CHARTER ONE MORTGAGE CORPORATION S/B/M TO CHARTER ONE CREDIT CORPORATION Plaintiff, MELISSA GREENE THOMAS BEERS No. 03-4233 CIVIL TERM Defendant(s). TO THE D1RECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 11/11/03 to MARCH 3, 2004 (per diem -$9.99) TOTAL $60,775.82 $1,128.87 and Costs $61,904.69 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. LEGAL DESCRIPTION ALL TI{AT CERTAIN trac~ o~ parce~ otc gx~und situa~e in the Township of l~t Pennsbom Cumberland Couut~,, Pemmyivania, mor~ particularly bounded ~d d~ ~o~ing Jr., P~ ~r, d~ed May 13, ~, ~ fo~o~: TRACT BEOINNING at a point on the Northeasterly aide of Third Street on~ huml~ed thi~-fiv¢ (135) feet Northeastwardly from the Northeast corner of t~e iatel~ection of Third Street and Locust 8~4 tl~(~ Northeastwardiy along the Northeasterly side of Third Street (15) feet ~ a pelto; ~ North 56 deg!~ees 30 mimltes E,~t along lin~ of land known a~ uumbe4'cM as 517 TMtd S~reel, one hunthtM thirteen (113) fe. et to a point 0a tl~e Southwc$1erly line of a twcmy feet wide alley; thcnc~ South 35 degrees 45 minutes Frost along same fifteen (15) to a point; thence So~th 56 degre~ ~ minute.~ West throogh the center line of a partition wall betwc'cql premises herein de. scribed and premisea 313 TIlird Street and beyond, ode hvadred thirteen and forty-two one-hundredths (113 A2) fe~ to a poila, the plac:¢ of Beginning. BEC, INNING at a point 150 feet North of Locus Sueet along thc Eastern side of Third Stree~ at a corner of lot now or late of S. B. Sheep; thence Northwanliy aloag Third Sm:ct 15 feet to the ccm~ of lot No. 41; then'o: Ea~w~dly through the ceilter of said Int, 112 feel more: or less, to an alley; thence ,~outhwatqly along ~ alley, 15 fecal to lot now or late of Oliver F~wig; thence We~twardly along maid Frovrig lot, 113 f,tet, more or leas, to the place of Bcgitming. ~I'ITLE 1~ SUBJECT PREMISES I$ VESTED IN Meliasa Gre~rm and Thomas Beers, a~ joiltt ~ with light of aurvivor~tip hy re.a~B of the following: BEING THE SAME PREMISES v~hich Alice Beers by De~ dated 813tt1994 and recorded on 9t1/1994 in COUnty of Cumberland in Deed Book 111 page 229 conveyed unto F~win lt. Fleck and ludyth E. Fleck, his wife AND Ai~O BEING THE SAME PREMISES which Edwin H. Fleck and ludyth E. Fleck, his wife by Quil-421aim Dezxl dalai 10/N/1999 and re~ on 11/1/1999 in the Cmmty of Comberland in Dezd Book 2t0 page 942 convcyeM unto Me.sa Greene anti Thomas Beefs. as joint tenants with rights of ~¢arrivorship. Tax Parcel #~,3-17-~044-004 Tax Parcel//45-17-1044-003 PROPERTY: 515 THIRD STREET, ENOLA, PA 17025 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-4233 Civil COUNTY OF CUMBERLAND) CIVIL ACTION LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHARTER ONE MORTGAGE CORPORATION S/B/M TO CHARTER ONE CREDIT CORPORATION, Plaintiff (s) From MELISSA GREENE AND THOMAS BEERS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garff~shee and is enjoined as above stated. Amount Due $60.775.82 L.L. $.50 Interest FROM 11/11/03 TO 3/3/04 (PER DIEM - $9.99) - $1,128.87 AND COSTS Atty's Corrm~ % Due Prothy $1.00 Arty Paid $205.75 Other Costs Plaintiff Paid Date: NOVEMBER 13, 2003 (Seal) CURTIS R. LONG Prothonot~ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No, 12248 CHARTER ONE MORTGAGE CORPORATION S/B/M TO CHARTER ONE CREDIT CORPORATION Plaintiff, MELISSA GREENE THOMAS BEERS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-4233 CIVIL TERM AFFiDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHARTER ONE MORTGAGE CORPORATION S/B/M TO CHARTER ONE CREDIT CORPORATION, Plaintiffin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of'the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,515 THIRD STREET, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MELISSA GREENE 515 THIRD STREET ENOLA, PA 17025 THOMAS BEERS 55 NORTHCREST ROAD YORK HAVEN, PA 17370 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name MARY A. ETTER-DISSINGER Last Known Address (if address cannot be reasonably ascertained, please indicate) 400 SOUTH STATE ROAD MARYSVILLE, PA 17053 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) EAST PENNSBORO TOWNSHIP 202 3~ STREET ENOLA, PA 17025 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6, Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Sallie Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if ad&ess cannot be reasonably ascertained, please indicate) Tenant/Occupant 515 THIRD STREET ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. November 11, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CHARTER ONE MORTGAGE CORPORATION S/B/M TO CHARTER ONE CREDIT CORPORATION Plaintiff, MELISSA GREENE THOMAS BEERS Defendant(s). CUMBERLAND COUNTY No. 03-4233 CIVIL TERM TO: MELISSA GREENE 515 THIRD STREET ENOLA, PA 17025 November 11, 2003 THOMAS BEERS 55 NORTHCREST ROAD YORK HAVEN, PA 17370 **THIS FIRM IS A DEBT COLLECTOR ,4 TTEMPTING TO COLLECT ,4 DEBT AND ANY 1NFORMA TION OBT~tlNED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED ,4 DISCHARGE IN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT 0F,4 LIEN ,4GAINST PROPERTY. ** Your house (real estate) at, 515 THIRD STREET, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on MARCH 3, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgrnent of $60,775.82 obtained by CHARTER ONE MORTGAGE CORPORATION S/B/M TO CHARTER ONE CREDIT CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of gwund situate in the Township of East Pem~sbom Onn~rland County. Pennsytvania, more par~ularly bout~l~ and described ac'cording to survey of William E, Se. as, Jr., Proft~siomil I~,in~r, dated May 13, 1960, as follows: 'I~ACT 1: BEC}INNING at a point on the Northeasa. exly side of Third Street ane {au~ thirty-five 035) feet Northeast~ardly from the Northea~ earner of the inte~-etian of Tlfird Street and L~ust Slicer; thence Northeastw~dly alola, g the Northeaal~a'ly aide of Third gtreet (15) feet to a poim; ~ North 56 degrees 30 minutes least along fine of land known and numbered as ~17 Third ~.tcet, one hunthoJ thirteen (Il3) feet to a point on tl~e Southwesterly line of a twenty feet wide alley; thenc~ South 35 degrees 45 minutes Fret along same fifteen (15) to a point; the, ace South 56 degrees 30 minute.~ West through the center line of a partition w-all betw~tl premise-~ herein described and premises 513; Tl~ird Stn:et and beyond, o~e hundred thixteen and fotty~twn one-hundredths (113.42) feel to a goim, the place of Beginning. BEGINNING at a point 150 fe~t North of Locus gtreel along the Eastern side of ThiM Streel at a corner of lot now or lale of S. R Slmop; thence NorthwaMly along Third Street 15 feet to the c~ntex of lot No. 41; tl~l.~ Ea~;twatdly thro~h the oentet of said lot, 112 feel, more or l~ss, Go an alley; thence Southwatdlj alollg said alley, 15 feel to lot flow or late of Oliver Frovrig; thenc~ Westwaxdly along said Frovrig lot, 113 f~t, mare or lean, to the place of Beginnla§. TITLE 'lO SUBJECT PREMISF3 IS VESTED IN Melissa Geeer~g and Thomas Beers, as joint ~enaats wilh right of survivorship by re. asoa of the following: BEING THE SAME PREMISES which Alice Been by Deed dated 8/31/1994 and recorded on 911t1994 ia County of Cumberland in De~d Book 111 page 229 convey~l tmto Edwin I!. Fleck and Jndyth E, Fleek, his wife AND ALSO BEING THE SAME PRF2e[ISES which Edwin H. Fleck and ~udyth E. Fleek, his wife by QuiI-Claim D~d dated 10114/1999 and recorde~ on Ilt111999 in the Comity of Cllrab~rland in Deed Book 210 page 942 conveyed unto MeKssa Greene and Thomas Be~rs. as joim I~nanta with righta of survivorship. Tax Parcel #45-17-t044-O04 Tax Parcel ff45-17-i044-003 PROPERTY: 515 THIRD STREET, ENOLA, PA 17025 AFFIDAVIT OF SERVICE PLAINTIFF CHARTER ONE MORTGAGE CORPORATION S/B/M TO CHARTER ONE CREDIT CORPORATION DEFENDANT(S) MELISSA GREENE THOMAS BEERS SERVE THOMAS BEERS AT 55 NORTHCREST ROAD YORK HAVEN, PA 17370 CUMBERLAND COUNTY No. 03-4233 CIVIL TERM ACCT. #0007385339 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 3, 2004 MAB SERVED Served and made known to 7"/'gff,/'~-.~.fl ~&~,/7,,~ ,Defendant, onthe ,200~, atb'~ff~ o'clock~t~ .m., at ~'" /I/r~/~ J~/~ <q/' ~"J r '~'~- , Commonwealth of Pennsylvania, in the manner described belmv: _ .. Defendant personally served. __ Adult family member with whom Defendant(s) reside(s). Relationship is Adult hi charge of Defendant(s)'s residence who refused to give name or relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: day of /~t f~,- Description: Age ~ ~ personally handed a true and correct copy of the Notice of Sherifffs Sale in the manner as set fot~ch herein, issued in the captioned case on the date and at the address indicated above. r Height,G~ ~/tg' Weight ~t~9 Race /-Or Sex,~'~ Other , a competent adult, being duly sworn according to law, depose and state that I Sworn to and subscribed before me this'"~tY4Xla~v PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES, INDICATE DATES & TIMES OF SERVICE ATTEMPTED. [ NOTARIAL SEAL I [ EDWARD ~ARL GUMPPER, JR., NOTARY PUBLIC[ .,,,/ -- I WES.T--J~gCHESTER TWP,, COUNTY OF YORKI NOT SERVED On the day of ,200_, at __ Moved __ Unknown __. No Answer lst Attempt: / / Time: : o'clock __.n-k, Defendant NOT FOUND because: Vacant 2nd Attempt: / / Time: 3rd Attempt:. / / Time: : Sworn to and subscribed before me this __ day of ,200 _. Notary: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 By: AFFIDAVIT OF SERVICE PLAINTIFF CHARTER ONE MORTGAGE CORPORATION S/B/M TO CHARTER ONE CREDIT CORPORATION DEFENDANT(S) MELISSA GREENE THOMAS BEERS SERVE MELISSA GREENE AT 55 NORTHCREST ROAD YORK HAVEN, PA 17370 CUMBERLAND COUNTY No. 03-4233 CIVIL TERM ACCT. #0007385339 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 3, 2004 MAB SERVED Served and made known to ~/'L~/J~'°~.f' , Defendant, on the ,200-~,~, at t~ ~/~,o'clockf~m.,at , Co~onwealth of Pe~ylvania, in the ~er described below: day of Defendant personally served. Z. /.., ~ Adult family member with who,m_ Defendant(s) reside(s). Relationship is /~zp,,.f ,~,/~A/' . Adult in charge of Defendant(s) s residence who refused to give name or relatio~hip. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). __ Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age ~ q Height~qff Weight~z'~ Race ~/ Sex ~ Other I, /~P ~/,O/lf~' ~ e-ff~J'P~)ff~ competent adult, being duly sworn according to law, depose and state that I personally handedta tree and correct copy of the Notice of Sheriff's Sale m the manner as set forth heretn, ~ssued m the captioned case on the date and at the address indicated above. Sworn to ar}d s~e,d /x /'7 ~ DWARf) ~CARLN~)JM~PpI~RL, jSRE.,~)TARY PUB klC ~ before[o r ~n~e .t,n} s~ ~.'~ ?a~ye this....oo. 'Tad ~ ~"~ ,,~ ~/.~.~,~,~"~'"~'"~.,~ WES? MANCHESTER ?WP., COUNTY OF YOR~ '-- I p, EASE ATT P SE.VI E AT EAST TI ES. I 'D' A E DATES, T' ES OF SE"VI E ATTEMPTED. NOT SERVED On the day of _, 200__, at o'clock __.m., Defendant NOT FOUND because: Moved __ Unknown__ 1st Attempt: / / No Answer Time: Vacant 2"a Attempt: / / Time: 3rd Attempt: / / Time: Swom to and subscribed before me this __ day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARTER ONE MORTGAGE CORPORATION S/B/M TO CHARTER ONE CREDIT CORPORATION VS. MELISSA GREENE THOMAS BEERS ) CIVIL ACTION ) ) CIVIL DWISION ) NO. 03-4233 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for CHARTER ONE MORTGAGE CORPORATION S/B/M TO CHARTER ONE CREDIT CORPORATION hereby verify that on November 13~ 2003 tree and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: February 3, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff o~ ~* $ 02.10°~-~ 0004300377 NO¥ ~, $ 2005 MAILED FROM Z)PCODE ~ gl 0~ FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTOR/~EY FOR PLAINTIFF Charter One Mortgage Corporation A/B/M To Charter One Croedit Corporation : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. Melissa Greene Thomas Beers : CIVIL DIVISION : NO. 03-4233 CIVIL TERM PRAECIPE FOR RULE TO SHOW CAUSF, TO THE PROTHONOTARy: Kindly enter a Rule upon Melissa Greene Thomas Beers, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. Daniel G. S~Esqulre Attorney f or ~P~i~f f FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Charter One Mortgage Corporation A/B/M To Charter One Croedit Corporation vs. Melissa Greene Thomas Beers ATTOS~EY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-4233 CIVIL TERM AFFIDAVIT OF SERVICE Daniel G. Schmie~, Esquire, hereby certifies that a copy of Plaintiff,s Petition for Reassessment of Damages have been sent to the individuals indicated below on February 6, 2004. Melissa Greene 515 Third Street, Enola, PA 17025 Thomas Beers 55 Northcrest Road, York Haven, PA 17370 DATE: February 6, 2004 FEDERMAN AND PHELAN, L.L.P. By: a~-~I~ Schmieg~Esqu2Lre Attorney for Plain~/-f~ FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Charter One Mortgage Corporation A/B/M To Charter One Croedit Corporation vs. Melissa Greene Thomas Beers : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-4233 CIVIL TERM PLAINTIFF'S PETITION FOR REASSESSMERT OF Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter, and in support thereof avers the following: 1. Complaint in Mortgage Foreclosure was filed on August 27, 2003. 2. 2. Judgment was entered against Defendant(s) on November 13, 2003 in the amount of 60,775.82. 3. The mortgaged premises are listed for Sheriff's Sale on March 3, 2004. 4. Additional sums have been incurred or expended on Defendant(s)' behalf since the Complaint was filed and Defendant(s) have been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal Balance Interest Amount january 27, 2003 through March 3, Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 2004 52,890.35 5,890.82 213.03 1,550.00 1,412.00 0.00 0.00 0.00 0.00 2,345.32 TOTAL $64,376.52 5. Under the terms of Office of the Recorder of Deeds in entitled to judgment in the amount against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess the damages as set forth above. the mortgage, which mortgage is recorded in the Book (#1579), Page (#986), Plaintiff is as set forth in paragraph four herein FEDERMANAND..~ELAN, L~-.~ · mleg, Es~r~e ~ Attorney for Plain~ -2- FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Charter One Mortgage Corporation A/B/M To Charter One Croedit Corporation : Melissa Greene Thomas Beers : ATTON~EY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-4233 CIVIL TERM BRIEF OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS na~a~R I. BACKGROUND OF CASE Plaintiff and Defendant(s) entered into a Promissory Note and Agreement, wherein Defendant(s) agreed to pay Plaintiff principal, late charges, real estate taxes, hazard insurance premiums and insurance premiums as said monies became due. In turn, Plaintiff's Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub judicia, Defendant(s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant(s) were not going to cure the default and bring the loan current, Plaintiff commenced a Mortgage Foreclosure Action. Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. ARGUMENT FOR REASSES~NT OF ~a~S The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Mortgage interest, mortgage Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation...,, In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa. Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortqaqe Corporation of the Southwest v. Good~. 537 A.2d 22, 24 (Pa. Super 1988). In Chase Home Mort~aqe, the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee "...could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage's failure to comply with the terms of the mortgage agreement..." Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff damages, and submits that if Plaintiff went to sale without reassessing if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages will not be detrimental whatsoever to Defendant(s) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff's Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff's jud~nent amount. May Term, 1986, No. 2359 (CCP PHILA. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. 1 G.,~mieg, Es~f~_-[re Attorney for Plai~~ .... n--~_..=~_dera~. Na:io~a~ ~s~Ia~loa's Petition fur ae~oasidera=ion ~iunc ~rc Tunc cf t~is Cou=~'~ O~er of Nove~er 7. L985 and ~h~ Answer th~,r~to her~y'OR~D and DE~D aa' fo~ !o~s; ~ ~g~ED and ~La!~,~ ~. .- ~ ' - ~TEO; 't ' ' - 4 ~ ]) JW~nt ia kqrc~Ty increased to 2-" THE VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: February 6, 2004 FEDERMANAND PHELAN, L.L--~-- Daniel G. Schmie ,~Es~ire Attorney for Plaz~t~if~ FEDERM3LND2gD PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 1215) 563-7000 ATTORNEY FOR PLAINTIFF Charter One Mortgage Corporation A/B/M To Charter One Croedit Corporation : CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. Melissa Greene : CIVIL DIVISION Thomas Beers : NO. 03-4233 CIVIL TERM AND NOW, this ~ ~ day of ~'~ , 200~, a Rule is entered upon Melissa Greene Thomas Beers, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETUP/gABLE BY THE COURT: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Charter One Mtg Coro sbm to Charter One Credit Corp is the grantee the same having been sold to said grantee on the 3rd day of March A.D., 2004, under and by virtue ora writ Execution issued on the 13th day of Nov, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 4233, at the suit of Charter One Mte Coro sbm to Charter One Credit Corp against Melissa Green & Thomas Beers is duly recorded in Sheriff's Deed Book No. 262, Page 767. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this C.~D3'~ day of , A.D2004 ~---Recorder of Deeds Charter One Mortgage Corporation s/b/m to Charter One Credit Corporation VS Melissa Greene & Thomas Beers In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-4233 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Melissa Greene, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND, as to Melissa Greene, defendant. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Thomas Beers, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description, according to law. York County Return: Served the defendant, Thomas Beers, on January 12, 2004 at 7:38 pm by handing to Melissa Beers (a/k/a Greene), wife of defendant, at 55 Northcrest Road, York Haven, PA 17370 and made known unto her the contents thereofi So answers: William Hose, Sheriff of York County, PA. R. Thomas Kline, Sheriff, who being duly sworn according to law states that on January 28, 2004 at 4:30 o'clock PM he served the within Real Estate Writ, Notice of Sale and Description upon Melissa Greene in the following manner: The Sheriff mailed a notice of the action by certified mail, return receipt requested, restricted delivery, deliver to addressee only to the defendant's last known address of 55 Northcrest Road, york Haven, PA 17370. This letter was received by Melissa Greene on February 10, 2004. On February 11, 2004 the return receipt card signed by Melissa Greene was received by the Cumberland County Sheriff's Office. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on January 13, 2004 at 10:05 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Melissa Greene and Thomas Beers located at 515 Third Street, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to the within named defendant, to wit: Thomas Beers, by regnlar mail to his last known address of 55 Northcrest Road, York Haven, PA 17370. This letter was mailed under the date of January 28, 2004 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 3, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Charter One Mortgage Corporation, s/b/m to Charter One Credit Corporation. It being the highest bid and best price received for the same, Charter One Mortgage Corporation s/b/m to Charter One Credit Corporation of 10561 Telegraph Road, Glen Allen, VA 23059, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $1,189.62, it being costs. Sheriffs Costs: Docketing $30.00 Poundage 23.33 Posting Bills 30.00 Advertising 30.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 22.08 Certified Mail 8.15 Levy 30.00 Surcharge 40.00 Out of County 9.00 York County 65.00 Law Journal 418.85 Patriot News 347.89 Share of Bills 29.32 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 1,189.62 Sworn and subscribed to before me This a-ti ~ day of ~ 2004, A.D. ~'-~tiqf~ _ t~. ~)']-t,,.~,~.~j ~ Prdthonotary So Answers: R. Thomas Kline, Shceriff BY ~ Real Estate Deputy Real Estate Sale # 38 On November 25, 2003 the sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known an(~ numbered as 515 Third Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 25, 2003 Real Estate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAc~ No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 20th and 271h day(s) of January and the 3rd day(s) of February 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the s~d Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Daq~ohJh in Miscellaneous Book "M', Volume 14, Page 317. .............................. .................... PUBLICATION CO PY Sworn to and subscrib.~d~tfe~e~ 't m~.~ h;~ 23rd day, x~Fel;~'~ 2004 A.D. S A L E #38 NotariaISeal Memb~, pen~a~a y~comrnission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 347.89 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly swom, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL E~TATE SAL~ NO. 38 Writ No. 2003 4233 Civil Chatter One Mortgage Corporation, s/b/m to Charter One Credit Corporation Melissa Greene and Atty.: Frank Federman LEGAL DESCRIPTION ALL THAT CERTA/N tract or par- ce1 of ground situate in the Town- ship of East Pennsboro, Cumber- land County, Pennsylvania, more particularly bounded and described according to survey of William E. Seas, Jr.. Professional Engineer. dated May 13, 1960, as follows: TRACT l: BEGINNING at a point on the Northeasterly side of Third Street one hundred thirty-fire {135) feet Northeastwardly from the Northeast ~a Made Coyne~ Editor SWORN TO AND SUBSCRIBED before me this 30 .day of JANUARY 2004 LOIS E. SNYDER, Notary Public Carlisle Boro, Cumbedand County My Commission Expires March 5, 2005 one hundred thirty fire (135) feel Northeastva~rdly from the Northeast corner of the intersection of Third Street and Locust Street; thence Northeastwardly along the North- easterly side of Tkird Street (151 feet to a point; thence North 56 degrees 30 minutes East along line of land kr~own and numbered as 517 Third Street. one hundred thirteen (113} feet to a point on the Southwesterly line of a twenty feet wide alley; thence South 35 degrees 45 min- utes East along same fifteen (151 to a point: thence South 56 degrees 30 minutes West through the cen- ter line of a partition wall between premises herein described and premises 513 Third Street and be- yond, one hundred thirteen and forty-two one hundredths (113.42] feet to a point, the place of Be~n ning, TRACT 2: BEGINNING at a point 150 feet North of Locus Street along the East- ern side of Third Street at a comer of lot now or late of S. B. Shoop; thence Northwardly along Tliird Street 15 feet to the center of lot No. 41; thence Eastwardly through the center of said lot, 112 feet, more or less, to an alley; thence South- wardly along said alley, 15 feet to lot now or late of Oliver From'ig; thence Westwardlv alon~/ said Fro- vrig lot, 113 feet, more or less, to the place of Beginning. TITLE TO SUBJECT PREMISES IS VESTED IN Melissa Greene and Thomas Beers, as joint tenar~ts with right of surv/vorship by reason of the following: BEING THE SAME pREMISES which Alice Beers by Deed dated 8/31/1994 and recorded on 9/1/ 1994 in County of Cumberland in Deed Book 111 page 229 conveyed unto Edwin H. Fleck and Judyth E. Fleck, his wife, AND ALSO BEING THE S/MME pREMISES which Edwin H. Fleck and Judyth E. Fleck, his wife by Quit-Claim Deed dated 10/14/1999 and recorded on [1/1/1999 in the County of Cumberland in Deed Book 210 page 942 conveyed unto Mel- issa Greene and Thomas Beers. as joint termnts with rights o1' survi vorship. Tax Parcel #45-17-1044-004. Tax Parcel #45-17 1044-003. PROPERTY: 515 THIRD STREET, ENOLA, PA 17025,