HomeMy WebLinkAbout03-6286FEDERMAN 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
ATFORNEY FOR PLAINTIFF
THE CHASE MANHATTAN BANK, AS TRUSTEE
OF IMC HOME EQUITY LOAN TRUST 1998-3
UNDER THE POOLING AND SERVICING
AGREEMENT DATED AS OF JUNE 1, 1998
338 SOUTH WARMINSTER RD
HATBORO, PA 19040
Plaintiff
COURT OF COMMON PLEAS
CiVIL DiVISION
TERM
CUMBERLAND COUNTY
ESTATE OF MERLE C. KRAMER,
DEBORAH J. YOUNG, ADMINISTRATRIX,
HEIR, AND ALL HEIRS AT LAW OF THE
ESTATE OF MERLE C. KRAMER
211 LEFEVER ROAD
NEWVILLE, PA 17241
MERLE C. KRAMER, JR., HEIR
OF THE ESTATE OF MERLE C. KRAMER
300 RED SHED ROAD
NEWVILLE, PA 17241
Defendant(s)
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
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, 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
File #: 78671
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.
IF YOU HAVE FILED BANKRUPTCY AND
RECEIVED A DISCHARGE, THIS IS NOT AN
ATTEMPT TO COLLECT A DEBT. IT IS AN
ACTION TO ENFORECE A LIEN ON REAL
ESTATE.
File#: 78671
Plaintiff is
THE CHASE MANHATTAN BANK, AS TRUSTEE
OF IMC HOME EQUITY LOAN TRUST 1998-3
UNDER THE POOLING AND SERVICING AGREEMENT
DATED AS OF JUNE 1, 1998
338 SOUTH WARMINSTER RD
HATBORO, PA 19040
The name(s) and last known address(es) of the Defendant(s) are:
ESTATE OF MERLE C. KRAMER,
DEBORAH J. YOUNG, ADMINISTRATRIX,
HEIR, AND ALL HEIRS AT LAW OF THE
ESTATE OF MERLE C. KRAMER
211 LEFEVER ROAD
NEWV1LLE, PA 17241
MERLE C. KRAMER, JR., HEIR
OF THE ESTATE OF MERLE C. KRAMER
300 RED SHED ROAD
NEWVILLE, PA 17241
who is/are the real owner(s) of the property hereinafter described.
On 3/5/98 mortgagor, MERLE C. KRAMER, made, executed and delivered a mortgage
upon the premises hereinafter described to METROFED FINANCIAL, INC. which
mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in
Mortgage Book No. 1436, Page 530. By Assignment of Mortgage recorded 10/6/03 the
mortgage was last assigned to PLAINTIFF which Assignment is recorded in Assignment
of Mortgage Book No. 702, Page 2624.
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 05/01/2003 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#: 78671
9.
10,
11.
12.
The following amounts are due on the mortgage:
Principal Balance
Interest
04/01/2003 through 11/21/2003
(Per Diem $19.29)
Attorney's Fees
Cumulative Late Charges
03/05/1998 to 11/21/2003
Cost of Suit and Title Search
Subtotal
$70,260.85
4,533.15
1,250.00
1,025.92
$ 550.00
$ 77,619.92
Escrow
Credit 0.00
Deficit 1,321.50
Subtotal $ 1,321.50
TOTAL $ 78,941.42
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.
This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
This action does not come under Act 91 of 1983 because the mortgaged premises is not
owner-occupied.
Mortgagor, MERLE C. KRAMER, died on 7/2/03, and DEBORAH J. YOUNG was
appointed Administratrix of his estate. Letters of Administration were granted to her on
7/23/03 by the Register of Wills of CUMBERLAND County, No. 21-03-593. Decedent's
surviving heirs at law and next-of-kin are DEBORAH J. YOUNG, MERLE C. KRAMER,
JR., BRETT C. KRAMER, AND LUC1NDA J. ROOK.
By executed waiver, DEBORAH J. YOUNG, BRETT C. KRAMER, AND LUC1NDA J.
ROOK waived their interest in the mortgaged premises. Said waivers are attached as
Exhibit "A."
Plaintiff does not hold the named Defendants, DEBORAH J. YOUNG AND MERLE C.
KRAMER, JR., personally liable on this cause of action and releases them from any
personal liability. This action is being brought to foreclose their interest in the aforesaid
real estate only.
File#: 78671
13.
Defendants, DEBORAH J. YOUNG AND MERLE C. KRAMER, JR., have been named
in accordance with Pa R.C.P. 1144(a)(2), in order to divest the equitable interests in the
premises and have no personal liability for the debt secured by the mortgage.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$ 78,941.42, together with interest from 11/21/2003 at the rate of $19.29 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.
RMAN, ESQUll~IE
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALL1NAN, ESQUIRE
Attorneys for Plaintiff
File #: 78671
FEDERMAN AND PHFLAN, LLP
By: Francis S. Hallinan
Identification No. 62695
Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Attorney for Plaintiff
THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC
HOME EQUITY LOAN TRUST 1998-3 UNDER THE POOLING
AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998
ESTATE OF MERLE C. KRAMER, DECEASED
WAIVER BY HEIR OF RIGHT TO BE NAMED
AS A DEFENDANT 1N FORECLOSURE ACTION
I, LUCINDA J. ROOK, Heir of the Estate of MERLE C. KRAMER, hereby waive my
right to be named as a defendant in a foreclosure action to be instituted by THE CHASE
MANHATTAN BANK. involving a mortgage secured on premises 23 CHESTNUT STREET,
NEWVILLE, PA 17241, which property was owned by decedent at the time of his death.
I hereby consent to the foreclosure action, without any further notice of proceedings of
Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be
divested upon completion of the foreclosure action.
/'/'/L,_,u~cj~nda J. Rook, ~ir
'J' Of the Estate of Merle C. Kramer
* This finn is a debt collector. Any information we receive will be used for that purpose. If your
personal liability for the debt has been discharged in bankruptcy, we are only proceeding against
the real estate secured by the mortgage.
FEDERMAN AND PHELAN, LLP
By: Francis S. Hallinan
Identification No. 62695
Suite 1400
One Penn Center Plaza
Philadelphia, PA l 9103
Attorney for Plaintiff
THE CHASE MANHATTAN BANK, AS TRUSTEE OF I/VIC
HOME EQUITY LOAN TRUST 1998-3 UNDER THE POOLING
AND SERVICING AGREEMENT DATED AS OF JUNE I, 1998
ESTATE OF MERLE C. KRAMER, DECEASED
WAIVER BY HEIR OF RIGHT TO BE NAMED
AS A DEFENDANT IN FORECLOSURE ACTION
Date: /O-2'7-~
I, BRETT C. KRAMER, Heir of the Estate of MERLE C. K1L4/ViER, hereby waive my
right to be named as a defendant in a foreclosure action to be instituted by THE CHASE
MANHATTAN BANK. involving a mortgage secured on premises 23 CHESTNUT STREET,
NEWVILLE, PA 17241, which property was owned by decedent at the time of his death.
I hereby consent to the foreclosure action, without any further notice of proceedings of
Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be
divested upon completion of the foreclosure action.
Of the Estate of Merle C. Kramer
* This firm is a debt collector. Any information we receive will be used for that purpose. If your
personal liability for the debt has been discharged in bankruptcy, we are only proceeding against
the real estate secured by the mortgage.
FEDERMAN AND PHELAN, LLP
By: Francis S. Hallinan
Identification No. 62695
Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Attorney for Plaintiff
THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC
HOME EQUITY LOAN TRUST 1998-3 UNDER THE POOLING
AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998
ESTATE OF MERLE C. KRAMER, DECEASED
WAIVER BY HEIR OF R/GHT TO BE NAMED
AS A DEFENDANT IN FORECLOSURE ACTION
I, DEBORAH J. YOUNG, Heir of the Estate of MERLE C. KRAMER, hereby waive my
right to be named as a defendant in a foreclosure action to be instituted by THE CHASE
MANHATTAN BANK. involving a mortgage secured on premises 23 CHESTNUT STREET,
NEWVILLE, PA 1724 I, which property was owned by decedent at the time of his death.
I hereby consent to the foreclosure action, without any further notice of proceedings of
Sheriff's sale, and understand that any interest ! may have in the mortgaged premises will be
divested upon completion of the foreclosure action.
I understand that it is Plaintiff's intention to name me as a Defendant in the foreclosure
action in my capacity as Administrator of the Estate, only. /
Date:
DelYorah Young, Heir '
Of the Estate of Merle C. ICramer,
Not in my capacity as Administratrix
Of the Estate
* This firm is a debt collector. Any information we receive will be used fbr that purpose. If your
personal liability for the debt has been discharged in bankruptcy, we are only proceeding against
the real estate secured by the mortgage.
ALL THAT CERTAIN piece or parcel of land situate in the Borough of Newville, County of
Cumberland and State of Pennsylvania, bounded and described as follows, to-wit:
BEGINNING at a point at the curb line at the intersection of Chestnut Street and the Chestnut Alley;
thence along the Eastern side of said Chestnut Alley North 23 degrees 45 minutes West, a distance of
112.5 feet to a point in line of land of the Charles B. Eby Estate; thence along land of the said Charles
B. Eby Estate North 72 degrees East, a distance of 40.45 feet to a point in line of land now or formerly
of Eleanor Scouller Pritt; thence along land of the latter, South 23 degrees 45 minutes East, a distance
of 111 feet to a point in the curb line of said Chestnut Street; thence along the curb line of said Chestnut
Street North 70 degrees West, a distance of 40.45 feet to a point, the place of Beginning, according to
a survey made. by T. Elliot Middleton, Registered Surveyor of the State of Pennsylvania on the 22nd
day of June, 1956.
HAVING thereon erected a two and one-half story frame dwelling house known as and numbered 23
Chestnut Street and other improvements.
Tax Parcel #28-20-1754-018
VERIFICATION
MATT FEENEY hereby states that he is DOCUMENT CONTROL OFFICER of
FAIRBANKS CAPITAL CORPORATION mortgage servicing agent for Plaintiff in this matter, that
he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in
Mortgage Foreclosure are true and correct to the best of his 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.
Matt Feeney
Document Control Officer
THE CHASE MANHATTAN BANK,
AS TRUSTEE OF IMC HOME EQUITY
LOAN TRUST 1998-3 UNDER THE
POOLING AND SERVICING AGREEMENT
DATED AS OF JUNE 1, 1998
338 SOUTH WARMINSTER ROAD
HATBORO, PA 17040,
Plaintiff
ESTATE OF MERLE C. KRAMER,
DEBORAH J. YOUNG, ADMINISTRATRIX,
HEIR, AND ALL HEIRS AT LAW OF THE
ESTATE OF MERLE C. KRAMER
MERLE C. KRAMER, JR., HEIR OF
THE ESTATE OF MERLE C. KRAMER,
Defendants
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 03-6286 CIVIL TERM
CUMBERLAND COUNTY
ANSWER
AND NOW comes Merle C. Kramer, Jr., one of the Defendants, by and through his
attorneys, Richard L. Webber, Jr., Esquire, and Weigle & Associates, P.C., and answers
Plaintiff s Complaint in Mortgage Foreclosure as follows:
1. Admitted.
It is admitted that the real owner of the property is Deborah J. Young, Administratrix of
the Estate of Merle C. Kramer. It is denied that Merle C. Kramer, Jr., is a real owner
of the property described. Any allegation, express or implied, that Merle C. Kramer, Jr.,
is a proper party in this matter and/or that judgment can be entered against him is
hereby denied.
3. Admitted.
4. Admitted.
After reasonable investigation, Defendant Merle C. Kramer, Jr., is without sufficient
information to form a belief as to the allegation. It is therefore denied.
9.
10.
11.
12.
13.
After reasonable investigation, Defendant Merle C. Kramer, Jr., is without sufficient
information to form a belief as to the allegation. It is therefore denied.
After reasonable investigation, Defendant Merle C. Kramer, Jr., is without sufficient
information to form a belief as to the allegation. It is therefore denied.
Admitted.
Admitted.
Admitted.
Admitted.
Admitted.
It is admitted that both persons were named as Defendants in this action and that each
Defendant has no personal liability for the debt secured by the Mortgage. It is denied that
Defendant Merle C. Kramer, Jr., is a proper party in this action and/or that judgment can
be entered against him. To the contrary, the only proper party in this matter is Deborah
C. Young, Administratrix of the Estate of Merle C. Kramer.
WHEREFORE, Defendant Merle C. Kramer, Jr., respectfully requests that judgment be
entered in his favor and against Plaintiff.
Respectfully submitted,
WEIGLE & ASSOCIATES, P.C.
Date:
. ([t~/&ff By:
Richard L. Webber, Jr., Esquire
Attorney for Defendant
Attorney ID #49634
126 East King Street
Shippensburg, PA 17257
Phone (717)532-7388
THE CHASE MANHATTAN BANK,
AS TRUSTEE OF IMC HOME EQUITY
LOAN TRUST 1998-3 UNDER THE
POOLING AND SERVICING AGREEMENT
DATED AS OF JUNE 1, 1998
338 SOUTH WARMINSTER ROAD
HATBORO, PA 17040,
Plaintiff
ESTATE OF MERLE C. KRAMER,
DEBORAH J. YOUNG, ADMINISTRATRIX,
HEIR, AND ALL HEIRS AT LAW OF THE
ESTATE OF MERLE C. KRAMER
MERLE C. KRAMER, JR., HEIR OF
THE ESTATE OF MERLE C. KRAMER,
Defendants
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 03-6286 CIVIL TERM
CUMBERLAND COUNTY
AFFIDAVIT
Richard L. Webber, Jr., being duly sworn according to law, deposes and says that he is
the attorney for Merle C. Kramer, Jr., a defendant herein; that he has reviewed the Complaint
with the said Merle C. Kramer, Jr.; that Mede C. Kramer, Jr., cannot make the verification to the
foregoing Answer because he is outside the court's jurisdiction and his verification cannot be
obtained within the time allowed for filing; that the facts set forth in the foregoing Answer are
tree and correct upon his personal knowledge, information and belief; and that he has the
authority of the client to provide this verification.
Richard L. Webber, Jr., Esquire
Attorney for Defendant, Merle C. Kramer, Jr.
Sworn or affirmed to and acknowledged before
this /~ day of ~-~:rt~ctn~,J ,2004.
&
Notarial Seal I
PalK~l_Tome, Notary Public I
Shll=ge~au~ Boro, Cumberlaad Coun~
SHERIFF'S RETURN
CASE NO: 2003-06286 P
COMMONWEALTH OF pENNSYLVANIA:
cOUNTY OF CUMBERLAND
CHASE MANHATTAN BANK THE
VS
KRAMER MERLE C ET AL
- REGULAR
JASON VIORAL ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT - MORT FORE was served upon
YOUNG DEBORAH J ADMIN/HEIR OF ESTATE OF MERLE C KRAMER _ the
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
on the 31st day of December , 2003
by handing to
- MORT FORE
together with
DEFENDANT , at 0939:00 HOURS,
at 211 LEFEVER ROAD
NEWVILLE, PA 17241
DEBORAH YOUNG
a true and attested copy of COMPLAINT
and at the same time directing ~er attention to the
Additional Comments
23 CHESTNUT STREET NEWVILLE IS VACANT.
contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 13.80
Affidavit .00
Surcharge 10.00
.00
41.80
Sworn and Subscribed to before
m~os 7 9 day of
, A.D.
thonotary '
So Answers:
R. Thomas Kline
0i/02/2004
FEDERMAN & PHELAN
By: ~uty~Sheriff
SHERIFF'S RETURN
CASE NO: 2003-06286 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CHASE MANHATTAN BANK THE
VS
KR3~MER MERLE C ET AL
- REGULAR
HAROLD WEARY Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to
says, the within COMPLAINT - MORT FORE was served upon
KP~AMER MERLE C JR HEIR OF THE ESTATE OF MERLE C KRAMER the
DEFENDANT , at 2013:00 HOURS,
at 300 RED SHED ROAD
NEWVILLE, PA 17241
MERLE KRAMER JR
a true and attested copy of COMPLAINT
on the 26th day of December , 2003
by handing to
together with
- MORT FORE
and at the same time directing His attention to the contents thereof.
Additional Comments
23 CHESTNUT STREET NEWVILLE IS VACANT.
Sheriff's Costs:
Docketing 6.00
Service 6.90
Affidavit .00
Surcharge 10.00
.00
22.90
Sworn and Subscribed to before
me this ~ day of
/' . ~? ~ A.D.
! ;Prothono%ar~
FEDE~V!AN AND PHELAN, LLP
By: FRANCIS S. HALLINAN, ESQ.
Identification No. 62695
One Penn Center at
Suburban Station - Suite 1400
Philadelphia, PA 19103
(215) 563-7000
Attomey for Plaintiff
The Chase Manhattan Bank, As Trustee of IMC
Home Equity Loan Trust 1998-3 Under the Pooling
and Servicing Agreement Dated as of June 1, 1998
VS.
Estate of Merle C. Kramer, Deborah J. Young,
Administratrix, Heir, and all Heirs at Law of the
Estate of Merle C. Kramer
211 Lefever Road
Newville, PA 17241
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
Merle C. Kramer, Jr., Heir of the Estate of
Merle C. Kramer
300 Red Shed Road
Newville, PA 17241
: NO. 03-6286 C.T.
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against Estate of Merle C. Kramer, Deborah J.
Young, Administratrix, Heir, and All Heirs at Law of the Estate of Merle C. Kramer Defendants, 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:
DAMAGES TO BE ASSESSED AT A LATER DATE,
I hereby certify that (1) the addresses of the Plaintiffand Defendants are as shown above, and (2) that notice
has been given in accordance with Rule 236, copy attached.
· HALLINAN, ESQLrlRE
Attorney for Plaintiff
PRo PROTHONOTARY 5J
· ' FEDERMAN AND PHELAN, LLP
FRANK FEDERMAN, ESQ., Id. No. 12248
~a~RENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(71 S) 563-7000
THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME
EQUITY LOAN TRUST 1998-3 UNDER THE POOLING AND
SERVICING AGREEMENT DATED AS OF JUNE 1, 1998
Plaintiff
Vs.
ESTATE OF MERLE C. KRAMER, DEBORAH J. YOUNG.
ADMINISTRATRIX, HEIR, AND ALL HEIRS AT LAW OF THE ESTATE
OF MERLE C. KRAMER
MERLE C. KRAMER, JR., HEIR OF THE ESTATE OF MERLE C.
KRAMER
Det%ndants
ATTORNEY FOR PLAINTIFF
: COURT OF COMMON PLEAS
: CIVIL DMSION
: CUMBERLAND COUNTY
: NO. 2003-06286
TO:
ESTATE OF MERLE C. KRAMER, DEBORAH J. YOUNG. ADMINISTRATRIX, HEIR, AND ALL HEIRS
AT LAW OF THE ESTATE OF MERLE C. KRAMER
211 LEFEVER ROAD
NEWVILLE, PA 17241
DATE OF NOTICE: JANUARY 21,2004
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO
YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS
ENFORCEMENT OF LIEN AGAINST PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED 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 and PHELAN, LLP
By: FRANCIS S. HALL1NAN, ESQ.
Identification No. 62695
Suite 1400
One Penn Center at Suburban Station
Philadelphia, PA 19103
(215) 563-7000
ATTORNEY FOR PLAINTIFF
The Chase Manhattan Bank, As Trustee oflMC
Home Equity Loan Trust 1998-3 Under the Pooling
and Servicing Agreement Dated as of June 1, 1998
VS.
Estate of Merle C, Kramer, Deborah J. Young,
Administratrix, Heir, and all Heirs at Law of the
Estate of Merle C. Kramer
Merle C. Kramer, Jr., Heir of the Estate of
Merle C. Kramer
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
:CIVIL DIVISION
: NO. 03-6286 C.T.
VERIFICATION OF NON-MILITARY SERVICE
FRANCIS S. HALLINAN, 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) 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 Deborah J. Young, Administratrix, Heir, is over 18 years of age and resides at
211 Lefever Road, Newvffie, PA 17241.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom
falsification to authorities.
FRg3qCIS S. HALLINAN, ESQUIRE
_- I 2quest for Military Status Page 1 of 1
Department of Defense Manpower Data Center
FEB-23-2004 05:50:38
Military
iers' and Sailors' Civil Relief Act of 1940
YOUNG DEBORAH
Only name was entered and there was no hit based on the entry of the name. Without the Social
Security Number, the DMDC cannot verify completely.
Upon searching the information data banks of the Department of Defense Manpower Data Center, the
above is the current status of the Defendant(s), per the Information provided, as to all branches of the
Military.
Kenneth C. Scheflen, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that
maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the
official source of data on eligibility for military medical care and other eligibility systems.
If you have information that makes you feel that the DMDC response is not correct, please send
an e-mail to sscra.helpdesk~osd.pentagon.mil. For personal privacy reasons, SSNs are not
available on this printed results page. Requesters submitting a SSN only receive verification that
the SSN they submitted is a match or non-match.
https://www, dmdc.osd.mil/udpdri/owa/sscra.prc_Select 2/23/04
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
The Chase Manhattan Bank, As Trustee of IMC
Home Equity Loan Trust 1998-3 Under the Pooling
and Servicing Agreement Dated as of June 1, 1998
Plaintiff
CIVIL ACTION - LAW
NO. 03-6286 C.T.
VS.
Estate of Merle C. Kramer, Deborah J. Young,
Administratrix, Heir, and all Heirs at Law of the
Estate of Merle C. Kramer
Merle C. Kramer, Jr., Heir of the Estate of
Merle C. Kramer
Defendants
Notice of Entry of Judgment in
Accordance with Pa. 1LC.P., Rule 236
Notice is given that a Judgment in the above-captioned matter has been emered against Estate of
Mede C. Kramer, Deborah J. Young, Administratrix, Heir, and All Heirs at Law of the Estate of Merle C. Kramer
If you have any questions concerning this matter, please contact:
FRANCIS S. HALLINAN, ESOUIRE
Attorney for Party Filing
One Penn Center at
Suburban Station, Suite 1400
Philadelphia, PA 19103
(215) 563-7000
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE
IN BANKRUPTCT, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A
DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
The Chase Manhattan Bank, As Trustee
oflMC Home Equity Loan Trust 1998-3
Under the Pooling and Servicing Agreement
Dated as of June 1, 1998
Plaintiff
VS.
Estate of Merle C. Kramer, Deborah J.
Young, Administratrix, Heir, and all Heirs
at Law of the Estate of Merle C. Kramer
Merle C. Kramer, Jr., Heir of the Estate of
Merle C. Kramer
Defendants
CIVIL ACTION
NO. 03-6286 C.T.
TYPE OF PLEADING:
Notice of Judgment
to Defendants
Mortgage Foreclosnre
Code and Classification
140 Civil Action
Filed on behalf of Plaintiff
Counsel of Record for tiffs
Party:
FRANCIS S. HALLINAN, ESQ. - PA
I.D.//62695
FEDERMAN & PHELAN
Suite 1400
One Penn Center at
Suburban Station
Philadelphia, PA 19103
Firm I.D. #23-2301814
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 Arguraant Court.
FEDERMAN AND PHELAN, LLP ~.~
By: SHEETAL R. SHAH-JANI, ESQUIRE Y',~
Identification No. 81760
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
The Chase Manhattan Bank, As Trustee of
IMC Home Equity Loan Trust 1998-3 Under
the Poling and Servicing Agreement Dated as
of June 1, 1998
338 South Warminster RD
Hatboro, PA 19040
Plaintiff
VS.
Estate of Merle C. Kramer, Deborah J. Young,
Administratrix, Heir, and All Heirs at Law of
the Estate of Merle C. Kramer
211 Lefever Road
Newville, PA 17241
Attorney for Plaintiff
: Court of Common Pleas
: Civil Division
: Cumberland County
: No. 03-6286 Civil Term
Merle C. Kramer, Jr., Heir of the Estate
of Merle C. Kramer
300 Red Shed Road
Newville, PA 17241
Defendants
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
Date:
Identify counsel who will argue case:
(a) for plaintiff.'
Address:
Sheetal R. Shah-Jani, Esquire
One Penn Center at Subm'ban Station
1617 John F. Kennedy Btmlevard, Suite 1400
Philadelphia, PA 19103
(b) for defendant:
Address:
Richard L. Webber, Jr., Esquke
126 East King Street
Shippensbttrg, PA 17257
I will notify all parties in writing within two days that this case has been listed for arguraent.
Argument Court Date:
Att orr~l~ fo~'P I aintiff ~
FEDERMAN AND PHELAN, LLP
By: SHEETAL R. SHAH-JANI, ESQUIRE
Identification No. 81760
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103-1814
(~1.~) A6A-7000
The Chase Manhattan Bank, As Trustee of
IMC Home Equity Loan Trust 1998-8 Under
the Poling and Servicing Agreement Dated as
of June 1, 1998
888 South Warminster RD
Hatboro, PA 19040
Plaintiff
Estate of Merle C. Krmner, Deborah J. Young,
Administralrix, Heir, and All Heirs at Law of
the Estate of Merle C. Kramer
211 Lefever Road
Newville, PA 17941
Merle C. Kramer, Jr., Heir of the Estate
of Merle C. Kramer
300 Red Shed Road
Newville, PA 17241
Defendants
A~mey for Plaintiff
: Court of Common Pleas
: Civil Division
: Cumberland County
: No. 03-6286 Civil Term
CERTIFICATION OF ~ERVICF,
I hereby certify that tree and correct copies of Plaintiff's Motion for Summary Judgment,
Brief in Support thereof, and Praecipe for Listing Case for Argmnent were sent via first class mail
to the person on the date listed below:
Richard L. Webber, Jr., Esquire
126 East King Street
Shippensburg, PA 17257
Date: L~4Ok&
Sheetal R. Shah-Jan~q~ire
Attorney for Plainf~
FEDERMAN AND PHELAN, LLP
BF. SHEETAL R. SHAH-JANI, ESQUIRE
Identification No. 81760
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19108-1814
(2~.~) .~7ono
The Chase Manhattan Bank, As Trustee of
IMC Homc Equi~ Loan Trust 1998-3 Under
the Poling and Servicing Agreement Dated as
of June 1, 1998
338 South Warminster RD
Hatboro, PA 19040
Plaintiff
A~)mey for Plaintiff
: Cnmt of Common Pleas
: Civil Division
: Cumberland County
Estate of Merle C. Kmmer, Deborah J. Young,
AdministraWix, Heir, and Ail Heirs at Law of
the Estate of Merle C. Iqxamer
211 Lefever Road
Newville, PA 17241
: No. 0345286 Civil Term
Merle C. Kramer, Jr., Heir of the Estate
of Merle C. Kramer
300 Red Shed Road
Newville, PA 17241
Defendants
MOTION FOR ,qlIMMARYJI'ID('~[F, NT
Plaintiff respectfully requests that the Court enter an Oxder g~tnfng summary judgment in its
Favor in fire above-captioned matter and in support thereof avers as follo~m:
1. There are no material issues of thct in dispute.
2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action.
3. Defendant, Merle C. Kramer, Jr., Heir of the Estate of Merle C. Kramer, has fded an Answer
to the Complaint in which he has effectively admiltcd all of the allegations of the Complaint, as is further
addressed in Hah~tifl's attachcd Bricf.
4. Defendant Merle C. Kramer, Jr. is defendant for failure: to waive his interest in the property
and therclbrc has been named as Defendant pursuant to Pa. R.C.P. 1144(a)(2).
5. The Estate of Merle C. Kramer, Deboral~ J. Young, Administratfix, Heir, and All Heirs at
Law of the Estate of Merle C. Kranmr have failed to file an Answer to Plaintiff's Complaint and as a result
Plaintiff has defaulted them. A tmc and correct copy of PlaintiWs Praec[pc for Judgment for Failure to
Answer and Assessment of Danxagcs is attached hereto, made part hereot; mid marked as Exhibit F.
6. In his Answer, Defendant improperly denies paragraphs fivc and six of thc Complah~t, wtfich
aver the default and the amounts clue on the Mortgage. Tree and correct copies of Plaintiffs Mortgage
Foreclosure Complaint mid Defendant's Answer are attached hereto, incorporated herein by reference, and
marked as Lxhibits C and D, respectively.
7. Defendant has failed to sustain his burden of presenting facts, wlfich contradict the averments
of Plah~tiffs Complaint.
8. Defendant admitted in paragraph tln'ee of his ?mswer tha! Mede C. IG'amcr, now deceased,
executed the Mortgage mid that thc Mortgage has been assigned to Plahlfiff. Tree and correct copies of the
Mortgage and Note are atlached hereto, lnade part hereof, and marked ]?,xlfibits A and Al, respectively.
9. By Assigtmmnt of Mortgage recorded October 22, 1999, the Mortgage was assigned to IMC
Mortgage Company, which Assignment is recorded in Assigmment of Mortgage Book No. 628, Page 328. A
true and correct copy of the Assgnment to IMC Mortgage Company is atlached hereto, incorporated herein
by reference, and marked as Exhibit A2.
10. By Assigmnent of Mortgage recorded October 6, 2003,. the Mortgage was assigned to
Plahltifi) which Assignment is recorded in Assignment of Mortgage Book No. 702, Page 2624. A tree and
correct copy of the Assigrm~ent Io Plaintiff is atlached hereto, made part hereot; and marked as Exhibit A3.
11. The Mortgage is due for the May 1, 2003 payment, a pehod in excess of ten months. /M~
3dtidavit confirmh~g the default and die amom~t of thc debt is at~ached hereto, incorporated herein by
reference, and marked as Exhibit B.
12. Defendant has admitted that Plaintiff has complied with Act 6 of 1974 and Act 91 of 1983.
13. The Temporary Stay as provided by thc Homeowner's Emergency Mortgage Assistance
Program, Act 91 of 1983, has terrnfi~ated because Defendant has failed to lnect with an authorized credit-
counseling agency in accordm~ce with Plaintiff's mitten notice to Defendm~t. A true and correct copy of the
Notice of Homeovmer's Emergency Mortgage Assistance Program is attached hereto, made part hereof, and
marked Exhibit E.
14. Defendant has the right to reinstate the loan up until one hour before a scheduled Sheriffs
Sale.
WHEREFORE, Plaiutiff respectfully requests thai an m rem judgment be entered itl its favor for the
amouut due plus interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged
property.
Respectfully submi~cd,
Sheetal R. Shah-Jani, Es~e ~
Attorney for Plaintiff ~
FEDERMAN AND PHELAN, LLP
B~. SHEETAL R. SHAH-JANI, ESQUIRE
Identification No. 81760
One Penn Center at Suburban Station
1617 Jolm F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103-1814
0L~) .~.a-7000
The Chase Manhattan Bank, As Trustee of
IMC Home Equity Loan Trust 19984 Under
the Poling and Servicing Agreement Dated as
of June 1, 1998
8,38 South Warminster RD
Hatboro, PA 19040
Plaintiff
VS.
Attonaey for Plaintiff
: Court of Common Pleas
: Ci~l Division
: Cumberland County
Estate of Merle C. Kramer, DeborahJ. Young,
Administratrix, Heir, and All Heirs at Law of
the Estate of Merle C. Kramer
211 Lefever Road
Newrille, PA 17241
: No. 0345286 Civil Term
Merle C. Kramer, Jr., Heir of the Estate
of Merle C. Kramer
300 Red Shed Road
Newville, PA 17241
Defendants
PI ~ IN~RF',g RRIEF IN ,gl~PPORT
OF ITS MOTION FOR ,glTMMARYJ'IIDU~MENT
L DF;FENDANT'S DF, FATTLT TINDER THE MORTGAGE
On March 5, 1998, Mede C. Kramer, Jr., now deceased, executed a Promissory Note in favor of
Plaintiffs predecessor in h~terest, Me~ofed lVmancial, Inc., in the principal sum of $72,750.00, this sum being
payable in equal, consecutive, monthly installments of principal and interest of approximately $641.12. On
the same date, Defendant made, executed and delivered a Mortgage on the property at 23 Cbesmut Street,
Newville, PA 17241 (hereinafter the "Property"), as collateral for the Promissory Note. The Mortgage ha~s
been assigned to Plaintiff, as is addressed in Plaintiffs attached Motion.
Thc MorWage Is m default due lo failure to tender payments due: May 1, 2003 and each month
thereafter. By the express terms of the Mortgage, upon default in sud~ payments for a period of one month,
thc entire debt is immediately collectible.
On July 17, 2003, due to default, Plaintiff mailed notice of its intention to foredose on the Mortgage il
to Defend;nit at his last la,own address. Defendant, however, fa/led to cure the default. Tree and correct copy
of the notice is attached hereto, incorporated herein by reference, and m~a:ked as Exhibit E.
Because Defendant failed to take the necessary affm:nalive steps to cure the delinquency, Plaintiffwas
left with no alternative but to foreclose in order to recover its unjust fma~cial losses. Accordingly, the present
action was fried on December 3, 2003. To date, Defendant has not brought the account current.
II. pi ~,TN~I~' T,~ I~.NTI'I'~ .1~.1~ 1'O ,~TTh, IMARY_TI W)C'.~[I;,I~ A~ A MA'I'I'~;R O~ LAW
S~n~ jud~ent is a me~s to "e~ate ~e ~te of ~e ~d reso~ces of~ ~ ~d ~e
co~ in ~es where a ~ wo~d be a useless fo~." I .ile~ v R~lme,:, 389 Pa. Super. ~1,567 A.2d 691
(1989); Fi~t v. 7~,~ Tern Temple: 454 Pa. Super. 548, 551,686 A.2d 18, 20 (1996). A Motion for S~
Ju~ent sh~ be ~an~d ff the docmen~ of record show ~ere ~ no genme issue ~ to ~y ma~fi~ fact
~d ~a ~e xno~ p~ ~ enfided toju~ent ~ a m~er of law. Pa.R.C.P. 1035.2(1); Allen v
Me'weather: 413 Pa. Super. 410, 411,605 A.2d 424 (1992); Rea~el v N[ew Rlvd Raking Co lac: 410
Pa. Su~r. 591,593, 600 A. 2d 610 (1991).
~e momg p~ be~s ~e b~den of demons~&lg cle~ly &at fl~ere is no gentle issue of Mable
facL Dh~call v Ca~ente~x Di~Mct C~mcil nfWe~tem Penn?lvania: 370 Pa. Super. 295, 536 A.2d 412
(1988); affixed: 525 Pa. 205, 579 ~2d 863 (19~); Allen~ 413 Pa. Super. at 411; Rea~el: 410 Pa. Super. at
594; ~ower v ~i~nrk Ag~oc: 371 Pa. Super. 443, 381 A.2d 524 (1988); Rnmnh v. ~y~enic ~anit~tion
~, 705 A.gd 841,848 (PmSuper. 1~7). In respome, the no~o~ P~W may not rest upon ~e plea~s,
but must set foffi~ spe~c facB demons~ a gentle issue for ~i~. ph,ff v U~mer, 451 Pa. 146, 303 A.gd
826 (1973); D~ai v l]ennia: 431 PmSuper. 3~, 370, 636 ~2d 1130, 1132.
R~c 1029~) of file Pe~msylv~a R~es of Ci~ Proced~e specfli~y pro'des:
Avc~en~ ~ a plea~ to w~ch a res~nsive plea~ is req~ed ~e
ad~aeOwhen not de~fied s~c~c~y or by necess~ ~phcafion. A
gene~ deem or a dem~d for proof, except ~ prox4ded by sub~hsion (c)
~d (e) of~ ~e, st~ have file effect of an a&~ssion.
It is well seltled that a geueral denial is unacceptable and deemed an admission where it is clear that the
defendant has adequate knowledge and that the means of infom~qtion are wittfin the control of the defendant.
V. liav Ok?ew~ki, 368 P~ 578, 84 A.2d 188 (1951). U.~rccme v U. ervcme~ 254 Pa. Super. 381,386 A.2d 1
(1978); City. c,f Philadelphi, v l-Iertler, 114 Pa. Cmwlifi. 475,482, 539 A.2d 468, 472 (1988). Go,~d~ch-
Ammm 2cl §1029(c)(1), p. 280. A general denial effectively manifests an admission to the facts averred in the
complaint. Swift v Milner, 371 Pa~ Super. 302, 308, 538 A.2d 28, 31 (1988); Michner v Montgc~rnery U~nn~
Tax (21nlm l~nrean, 671 A.2d 285, 288 (Pa. Cmwlflx. 1996). One purpose in demanding a specific denial is to
enable the parties to focus upon the disputed facts and to assist the Court in de£miug the issues for trial.
R,~gley~ 14"~,~g ~ Re~ v gm~rt, 11 D&C 3d 303, 310 (Chester Co. 1979).
Plaintiff submits that, in the Answer, Defendant bas effectively admitted every allegation of the
Complaint. Although Defendant purports to deny paragraphs five and six of the Complaint, which aver the
default and the amounts due on the Mortg~e, respectively, Defendant's averments amount to nothing more
than general denials and de~nand for proof. Defendant generally denies the amotmt due under the Mortgage
without reference to what he believes to be the correct amount due, or re [erence to any good reason to believe
that the amom~t sought is erroneous.
Unquestionably, Defendant knows specifically what payments he: made on the Mortgage.
Accordingly, because Defendant is charged with having sufficient lmowledge upon whicb to base a specific
denial with respect to the averments contained in paragraphs five and six of the Complaint, a general denial is
insufficient to raise a gemdne issue of fact. (2ercone v ('~rcnn% supra; C,,iiy of Philndelphia v 14'ertler, supra.
The Pennsylvania Superior Court has held that, in order to raise a genuine issue of fact, defendants may not
rest on the pleadings, but must sustain the burden of presentfixg facts to counter Plaintiffs averments. New
Yc~rk ('~nnrrlian Mc~rt~? v I~ietvel: 524 A.2d 951 (Pa. Super. 1987). ]~'a~hln~tm Federal ~qaving~ and 1 ,qan
Ass,~ciatlon v Stein, 515 A.2d 980 (Pa. Super. 1986). A party will not be able to rcly on 1029(c) and be
excused froin answeriug averments based on a lack of hfformafon where that party has sufficient infom~ation
at its disposal to answer such allegations. C~mm~ hy Preate v Rainhc)w Agqocintea, 138 Pa. Commw. 56, 587
A.2d 357, 358 (1991).
The Pennsylvania Superior Court recently reiterated this prindple in another mortgage foreclosure
case. The Court held that the mortgagors' general denials in their answers to the Complaint must be
considered admissions. First W&ctm~in Tm~t Cc~ v ~trmm~er; 439 Pa. Super. 192,653 A. 2d 688 (1995). The
Court reasoned that the only persons with knowledge of the amotmt due, besides the mortgage company,
would be the mortgagors. Therefore, if defendant mortgagors do not plead specific facts in response to the
allegations in the Complaint regarding the default and the amount due, the defendants are deemed to have
admitted the allegations, and smnmat~judgment for the mortgage company is proper. Fi,xt Wisconsin Trn~t
~O. xr ~tr~llq~er: supr~
In determining if an answer is a general denial, the Court must examine the pleadings as a wl~ole.
Cc~mmw hy Preate; ~npm. at 61,587 A.gd 357, 360 (1991). A review of fl~e pleadings as a whole in the instant
case reveals that Defendant has failed to sustain his burden of presenth~ [acts, which contradict the elements
of Plaintiffs claim. Defendant's general denial of the amounts due and the default should be viewed as
admissions by this Honorable Court.
III. AMOIINIT OF THE IhI RF.M JI'ID('.MIZ. NT
The within case is a mortgage foreclosure action, the sole purpose of which is to take the Defendant's
mortgaged property to Sheriffs Sale. Pennsylvaxfia law makes dear that an action in mortgage foreclosure is
strictly in rem and does not include any personal liability. Newmwn Village Partnerqhip v Kimmel: 424 Pa.
Super 53, 55, 621 A.2d 1036, 1037 (1993). :qi~mml {~.°.nqllnqer Di~conn! (¥}mpany v ~ahH~cio, 257 Pa. Super
101,109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure l141(a).
However, Pem~sylvania law requires that the foreclosure action d[e~nand judgment for the amount
due. Pa~R.C.P. 1147(6). The purpose of the dollar mnom~t in the in rem judgment is only for bidding at the
Sheriffs Sale. In thc event that a third party real estate speculator were to bid on the mortgaged property at the
Sheriffs Sale and become the successful purchaser, Plain6ff would receive thc anxom~t of the in rem judgment
from the Sheriff, while the tlfird party purchaser would obtain a deed to the property. Accordingly, as the
amount of the in rem judgment has no bearing or impact on the Defend~mt, Defendant's arguments regarding
fids issue are moot.
IV. ATTI'3RNEY FF, FS AND ~C},q'T,q ARE REA~ONARI
~ to the ~omey fees reci~d m p~ph slx of~e Comp~h it shoed be noted ~ p~ph
~ one of ~e Mo~e cle~ly ~es ~a Defend~t is hable for m~ a~mey fee, cos~ of s~[ ~d cos~
of rifle ehdence ff Defend~t defa~ on ~e lo~. ~e a~omey fee cl~ed
five ~rcent of ~e p~cip~ b~ce due on ~e lomb. ~xen PI~ wm prep~ iu foreclosme ~mp~
it coOd not ~ow how much ~e ~mey fees ~d cosB wood be u~n completion of the foredos~e action.
PI~ co~d not h*ow whether ~e Defend~t wo~d contest ~e ~e m~d, ff so, how ex~nsively.
Accor~ly, PI~ used Peunsyl~a ~e law ~ a ~de.
A~mey fees ~ e~orced ~ order m compem~ ~e PI~' for the re~on~le ~d necess~
expenses of co~ecfion. ~e Superior Co~t h~ held ~t it is ~eq~mble for a mo~ee to expend s~s of
money for a~omey fees ~ order ~ co~ect s~s owed to ~n. F~t~te F,nte~6se~: Inc v ~nnk and Tm~t
C~mpany of Old Y~rk R~ad; 236 Pa. Super. 503, 345 A.2d 279 (1975).
~ a gene~ ~e, ~omey fees, w~ch ~e r~on~le, ~ be pent~ed by ~e Co~ A reques~d fee
of five per~nt of&e ouB~ p~cip~ bfl~ce h~ been ~ted by the ~ Pe~yl~ Co~ have
long ~d rep~y concluded ~at such a 5% pro'sion is re~onable mid e~orcc~le.
51 Pa. 78 (1865); Fi~t Federal ga~n~ and l ~an A~ciafi~n v ~treet Ro:~d Sh~pping C~nter; 68 D&C 2d
751,755 (1974).
It is ~po~t to note ~at ~e aaomey fees ~ed for in the Mov~e ~e o~ed by ~e mo~cc,
not ~e aaorney. ~ey ~e not ~ted to the acm~ ~omey fees but cover Mso ~e ex~ &~ges made
necess~ because &e motor f~ed to meet Iris ob~on. F~nlke v Halfield Fair
196 Pa. Super. 155, 173 A.2d 703 (1961); H,~e~ v q~n~nlid~ted Ruhher ~n~ 284 Pa. 444, 131 A. 35~
0925L
In Vede~l 1 ~nd Rmlk of R~lfimnre ~ Vetner, the Supe~or Cour~ bela ~t
the original loan amount was not unconscionable. 410 A~2d 344 (Pa~Super. 1979). Recently, the Superior
Court cited Femer in conflllBing that an attorney fee of ten percent included in the judgment in a mortgage
foreclosure action was reasonable. Cificnm. v. Mnrri~ville Harnptc~n Really, 662 A.2d 1120 (Pa. Super. 1995).
Importantly, Plaintiff clearly outlined how Defendant could avoid paying Plaintiffs attorney fees hx the
Notice of Intention to Foreclose Mortgage, which was mailed to Defend~at~ Defendant, however, failed to
take the necessa~ affumaafive steps to cure the delinquency, but rather h~ opted to litigate, which has resulted
in more attorney fees. Additionally, Plainfiffsubmits that the amount demanded for costs of suit and title
search in Plaintiffs Complaint is neither excessive nor unreasonable.
Moreover, the reasonableness of attorney fees does not create a .genuine issue of material fact, which
precludes the entry of summa~judgment. Fimt Naficmnl Rank and Tn~:t Ca nf New~nn v IZnricn. 40 O&C
3d 228 (1985). Importandy, Plaintiff recognizes fltis Honorable Court's e. quitable authority to set attorney fees
and costs as it deems reasonable. Therefore, there is no issue of material fact regarding attorney fees.
V. TILE. TF~MPORARY g?^Y Ag PROVII~EF~ RY THE HC~h~[~V~grF~R',g F~MF~R~F~N'CY
MC~RT~Af'~F~ AggLq'T'ANCE PR(~RAM: ACT 01 OF 101~: HAg TF, RMINIATF, FI
The Temporary Stay pursuant to Act 91 of 1983 has telqnh~ted due to Defendant's failure to meet
with Plaintiff or au authorized credit-counseling agency in accordance with Plaintiffs written notice to
Defendant. True and correct copies of the Notice of Homeowners' Emergency Morgage Assistance Act of
1983 arc attached hereto, incorporated herein by reference and marked ~s Exhibit E.
Act 91 of 1983 requires that notice be sent by the mortgagee to the delinquent mo~gagor by first class
mail addressed to tfis last known address. 35 P.S. §1680.403c(a). The statute specifically provides that notice
pursuant to thc statute shall be deemed received on the third business day following the date of the mailing of
the same. 35 P.S. §1680.403c(e).
The letter contained the name, address and telephone number of Plaintiffs representative, whom
Defendant could have contacted to discuss the delinquency and the possibility of qualifyil~g for emergency
moCtgage assistance. Notwithstanding the receipt of tiffs information, Dcl~ndant failed to take action that
would have resulted in a temporary stay of the proceedings. Because the homeowner failed to meet with an
approved consumer credit counseling agency and file an application wit]fin the period specified, and failed to
meet other time limitations under Act 91, the temporary stay under Act 91 of 1983 has expired. Plaintiff,
therefore, has properly complied with Act 91 m~d is permitted to proceed with its foreclosure action.
Additionally, Plaintiff submits that the Penusylva~fia Homing Finance &gency would now consider the
homeowner ineligible for assistance due to Defendant's failure to satisfy the procedural time requirements of
Act 91 of 1983.
VI. CONCI J TRION
The purpose of the sturnmaryjudgment procedure is to prevent vexation and delay, improve the
machinery of justice, promote the expeditious disposition of cases and avoid unnecessary trials when no
genuine issue of material fact is raised.
In making its deterrnh~afion, the Court must accept as true all properly pleaded facts, as well as all
reasonable inferences, which might be drawn from them. Thc~m?~n v N~,~n, 379 Pa~Super. 115, 535 A.2d
1177 (1988), aflSrmed: 527 P~330, 591 A.2d 703 (1991). The Court must restrict its review to material fried m
support of and in opposition to the Motion for Summary Judgment, and to uncon~overted allegafious in the
pleadings. Pa~R.C.P.1035. Owdy v K.ss, 382 P~Super. 108,545 A.2d 970 (1989).
Plaintiff submits that it has demonsWated sufficient facts to wan~at surmx~3~judgment in its favor.
Defendant executed the Mortgage knoWing that he would be responsible for the payments. Defendant has
admitted the existence of the mortgage in Iris Answer to the Complah~t. Plaintiff has provided an altidavit that
Defendant is in default and set forth the amount owed by Defendant. Therefore, Plainfiffmaintains that it has
produced sufficient evidence to establish a prima facie case for molW4ge lbreclosure. Once Plaintiff has
satisfied its burden, Defendant has a responsibriity to demonstrate facts, which would create a genuine issue for
trial. Phaff, ~pra. Defendant has failed to sustah~ Iris burden of presenting facts, which would contradict the
elements of Plait~tiffs clafln.
Plaintiff respecthflly submits that the allegations of the Complaint are, hi fact, uncontroverted.
Defendant has had use of the Proper~y rent-free at Plah~tiffs expense long cnongh. Defendant's Answer has
been interposed for the purpose of delay only. Plaintiff requests tha~ its Motion be granted so that it can
recover the unjust fmandal losses it has incurred to date.
WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the
amount due with interest and costs as prayed for in the Complaint, for fi)reclosure and sale of the mortgaged
property.
Respectfully submitted,
Federman ~nd Phelan, LLP
~heetal R. Sl~ah-J~nii~q~e
AtXomey for Plaintiff
EXHIBIT A
I h~,,.,0y oertlfy that this is
a ~b~ at~l oorreol copy of the
original ~b~uffiant.
LOAN NO. 0100919
MORTGAGE
THIS MORTGAGE ("Security lnsU'eraent") is given on MARCH.% 1998
is MERLE C. KRAMER
· The mortgagor
whose address is 23 C~STNUT St.
Newville, PA 17241
This Security Insmu'nent is given to METROFED FINANCIAL, INC.
("Borrower").
, and whose
("Lender").
which is organ/zed and existing under the laws of Pennsylvania
address is 32 EAST MALL PLAZA
CARNEGIE, PA 15106
Borrower owc~ Lender ~he principal sum of
b~VENTY-TWO THOUSAND SEVEN HUNDRED ~lu'l'¥ AND 00Il(J0
Dollars (U.S. $ 72,750.00 ). This debt is evidenced by Boz'~wer's note dated the same date as
this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid
earlier, due and payable on APRIL 1, 2013 This Security Instrument secures to
Leader: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and
modifications of the Note; Co) the payment of all other sums, with interest, advanced under paragraph 7 to
protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and
agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby
mortgage, grant and convey to the Lender the following described property located in
Cumberland County, Pennsylvania:
PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac Unifotrn Instrument
Form 3039 9/90
U. tFmn~.3as, 3t~6 Page 1 Of 7
which has the address of 23 CI/[F_.~'TNUT STREET Newville
talreetl [C~tyl
Pennsylvania 17241 ("Property Address');
TOGETHER WITH all the impwvernents now or hereafter erected on ~he property, and all easements,
appurtenances, nad fixtures now or hereafter a part of the property. All replacements and additions shall also
be covered by this Security Instrument. All of the foregoing is referred to in tiffs Security Instrument as the
*Property".
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the
right to mortgage, grant ~ convey the Property and that the Property is unencumbered, except for
encumbmoces of record. Borrower warrants and will defend generally the title to the Property against all
¢[ain~: atld demands, subject to any encumbrances of r~ord.
THIS SECURITY INSTRUMENT combines uniform covenants l'or national use and non-uniform
coven;mu with limited variations by jurisdiction to constitute a uniforms security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Prinnlpal and lnterast; Prepayment and Late Charges. Borrower shall promptly pay
when due the principal of and interest on the debt evidenced by the Note ;atd any prepayment and late charges
due und~ One Note.
2. l;~mds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender,
Borrower shall pay to Lender on the day montldy payments are due under the Note, until the Note is paid in
full. a sum ("Funds") for: (a) yearly taxes and assessments which ma}, attain priority over this Security
Ir~_,ument as a lien on the Property; (b) yearly lcasshoM payments or ground rents en the Property, if any;
(c) yeacly hazard or property insurance premiums; (d) yearly flood insurance premim'n$, if any; (e) yearly
mortgage imumocu premiums, if any; and (0 any sums payable by Bom}wet to Lender, in accordance with
the proviaiana of paragraph 8, in lien of the payment of mortgage insurance premitam. These items are called
'Escrow Items". Lender may, at any time, collect and hold Funds in an suaoant not to exceed the maximum
amount a lender for a federally relat~l mortgage loan may require for Borrower's escrow account under the
federal Real Estate Settlement Procedures Act of 1974 as smelled from time to time, 12 U.S.C. § 2601 et
se_~q. ("RESPA"), unless another law that applies to the Funds sets a lesser amoum. If so, Lender may, at any
time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount
of Funds due on the basis of current data and reasonable estimates of expenditores of future Escrow Iterm or
otherwise in accordance with applicable law.
The Funds shall be held in an institution whose deposits are insured bra federal agency, instrumentality,
or entity (including Lender, if Lender is such an thsfitutico) or in any Federal Home Lean Bank. Lender shall
apply the Funds to pay the Escrow Items. Lender may not charge Borrower for homing and applying the
Fnncl*; annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower
interest on the Funds and applicable law permits Leader to make such a charge. However, Lender may
require Borrower to pay a one-time charge for an independent real estate tlc; reporting service used by Lender
in connection with this loan, uMess applicable law provides otherwise, Unless an agreement is made or
applicable law requires interest to be paid, Lender shall not be require,] to pay Borrower any interest or
earnings on the Funds. Borrower mad Lender may agree in writing, however, that interest shall be paid on the
Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits
and debits to the Funds and the purpose for which each debit to the Ftmde was made. The Funds are pledged
as additional security for all sram secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall
account to Borrower for the excess Funds in accordance with the requiremenl$ of applicable law. If the
mount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender
may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to
make up the deficieney~ Borrower shall make up the deficiency in no more than twelve monthly payments, at
Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrumem, Lender shall promptly refund to
Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property.
Lender, prior to the acquisition or sale of the Property, shall apply any F~mds held by Lender at the time of
acquisition or sale as a ct~lit against the sums secured by this Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender
UFT #FN~qA303$ 3196 Pugs 2 of 7 Mitia[s'~,~.//~,/.</
under paragraphs 1 and 2 shall be applied: fir~, to any prepayment cha~:ges due under the Note; second, to
amounts payable under paragraph 2; third, to interest due; fourth, to priueipal due; and last, to any late
charges due under the Note.
4. Charges; Liens. Borrower shall pay all taxes, assessn'~tus, charges, frees and impositions attributable
to the Property which may attain priority over this Security Instrument, and leasehold payments or ground
tents, if any. Borrower shall pay these obligations in the mnnqer provided in paragraph 2, or if not paid in
that manner, Borrower shall pay them on time directly to the person owed payment, Borrower shall promptly
furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments
dip~ly, Borrower shall promptly furnish to Lender receipts evidencing th~ payments.
Borrower shall promptly discharge any ]leo which has priority o~er this Security Instrument unless
Borrower:. (a) agrees in writing to the payment of the obligation secured by the Ilea in a manner acceptable to
Lender; (b) contests in good faith the lien by, or defends against enforceraent of the lien in, legal proceedings
which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of
the lien an agreement satlsf~tory to Lender subordinating the lien to this Security Instrument. If Lender
determines that any part of the Property is subject to a lien which may attain priority over this Security
Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take
one or nlore of the actions set forth above within 10 days of the giving of notice.
5. Hazard or Property ln~urunce. Borrower shall keep the improvements now existing or hereafter
erected on the Property insured against loss by fire. h~TnrdS included withiLn the term "extended coverage" and
any other hazards, including floods or flooding, for which Lender requirer insurance. This insurance shall be
mnlnt~ined in the anlounts alnl for the periods that Lender requires. Tbe insurance carrier providing the
insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld.
If Borrower fails to rnnln~tin coverage described above, Lender may, at ]Lender's option, obtain coverage to
protect Lender's rights in the Property in accordance with paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage
clause, Leader shall have the right to hold the policies and renewals, ff Lender requires, Borrower shall
promptly give m Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower
shall give prompt notice to the insurance currier and Lender. Lender may make proof of loss if not made
promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration
or repair of the Properly damaged, if the restoration or repair is economically feasible and Lender's security is
not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened,
the insurance proceeds shall be applied to the sums secured by this Secofity Instrument, whether or not then
due, with any excess paid to Borrower. If Borrower abandons the Propc~y, or does not answer within 30
days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the
insurance proceeds. Lender may use the pmc~:ls to repair or restore the ]Property or to pay sums secured by
this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds lo principal shall not
extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the
amount of the payments, If under paragraph 21 the Properly is acquired hy Lender, Borrower's right to any
insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to
Lender to the exlent of the sums secured by this Security Instrument immediately prior to the acquisition.
6. Occupancy, Preservation, 1Vialntenance and Protection of the Property; Borrower's Loan
Application; Leaseholds. Borrower shall occupy, establish, and use the: Property as Borrower's principal
residence within sixty days after the execution of this Security Instrament and shall continue to occupy the
Property as Borrower's prineipal residence for at least one year after the date of occupancy, unless Lender
otherwise agrees in writing, which consent shall not be un.~asunably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control. [Iorrower shall not destroy, damage or impair the
Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if
any forfeiture action or proceeding, whether eivii or criminal, is begun that in Lender's good faith judgment
could result in forfeiture of the Property or otherwise materially impair the lien created by this Security
Instrument or Lender's ~ecurity interest, Bor~wer may cure such a del~ult and reinstate, as provided in
paragraph lg, by causing the action or proceeding to be dismissed with a ruling that. in Lender's good faith
determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of
the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if
Borrower, during the loan application process, gave materially false or inaccurate inforn'~tion or statements to
Lender (or failed to provide Le~der with any material information) in cormectlon with the loan evidenced by
PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mae Uniform Instrument
Form 3039 9/90
Lase~ Form., Inc. 18001 446-3555
u~ #~,~,30SS 3~ Page 3 of 7 tnitials~..,~
the Note, including, but not limited to, representations concerning Borrower's oenuoancv of the Property as a
princ, ip. al re~dence. If this Security Instrument is on a leasehold. Borrower s~all 'comply with all the
prov~lons of the lease. If Borrower acquires fee title to the Property, the leasehold end the fee title shall not
merge unless Lender agrc~ to the merger In writing.
7. Protec/ion of Lender's Rights in the Property. If Borrower fails to perform the covenents and
agreements contained in this Security In.raiment, or there is a legal prnceeding that may significently affect
Leader's fights in the Propervj (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture
or to enforce laws or regulations), then Leader may do and pay for whatever is necessary to protect the value
of the Property and Lender's fights in the Properly. Lender's actions may include payiag eny sums secured by
a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees
and entering on the Property to make repairs. Although Leader may take action under this paragraph 7.
Leader doea not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured
by this Security Instrument. Unle~ Borrower end Leader agree m other terms of payment, these amounts
shall bear Interest from the date of disbursement at the Note rate and shall be payable, with interest, upon
notice from Lender to Borrower requesting payment.
8. Mortgage Inma'anee. If Leader required mortgage insurance as a condition of making the loan secured
by this Security Instntment, Borrower shall pay the premiums required to, maintain the mortgage insurance in
effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect,
Borrower shall pay the pmniums required to obtain coverage substantially equivalent to the mortgage
insurance previoudy ia effect, at a cost substantially equivalent to the cost to Borrower of the mortgage
insurance previously in effect, from en alternate mortgage insurer approved by Lender. If substentially
equivalent murtgage insurenee coverage is not available, Borrower shal'.l pay to Lender each month a sum
equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance
coverage lapsed or ceased to be ia effect. Leader will accept, use and re~ain these payments ns a loss reserve
in lien of mortgage insurance. Loss reserve payments may no longer be 1,%ntnircd, at the option of Lender, if
mortgage insurance coverage (ia the amount und for the period that Lender requires) pmvidad by en insurer
approved by Lender agah become~ available and is obtained, Bor'wwer shall pay the premiums required to
maintain mortgage insurance ia effect, or to provide a in~ reserve, tmtil the requirement for mortgage
insurance ends in accordance with eny wrinen agreement beV, veen Borrower and Lender or applicable law.
9. Inspaction. Leader or its agent may make reasonable cottie, s upon aud inspections of the Property.
Lender shall give Borrower notice at the time of or pilot to en inspection specifying reesonable cause for the
inspection.
I0. Colademnntion. The proceeds of eny award or claim for dan,.ages, direct or consequential, in
connection with eny condemnation or other taking of eny pan of the Pr~,perty, or for conveyance in lieu of
coudeumation, are hereby assigned end shall be paid to Leader.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this
Security Instrument, whether or not then due, with eny excess paid to ;Iorrower. In the event of a partial
taking of the Progeny in which the fair market value of the Properly immediately before the taking is equal to
or greater than the amount of the sums secured by this Security Instnsr~ent immediately before the takiog,
unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrttruent shall be
reduced by the amount of the proceeds multiplied by the following fractie,n: (a) the total amount of the sums
secured immediately before the taking, divided by (b) the fair market value of the Property immediately before
the taking. Any balance shall be paid to Borrower. In the event of a pa~:ial taking of the Property in which
the fair market value of the Property immediately before the lakiag is less than the amount of the sums secured
immed/ately before the taking, unless Berrower and Lender otherwise agree in writing or unless applicable law
otherwise provides, the proceeds shall be applied to the sram secured by this Security Instrument whether or
not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor
offers to make an awa~l or set~le a claim for damages, Borrower fails to respoud to Lender within 30 days
after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to
restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then
due.
Unless Lender ~l Borrower other,vise agree in writing, any application of proceeds to principal shall not
extend or postpone the due date of the monthly paynents referred to in paragraphs I end 2 or change the
amount of such payments.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment
PENNSYI.¥ANIA - $inoie Family - Fannla Mae/~t~ddlo Mae Uniform Instrument
Form a0~9 9/90
UFT #FNMA303$ 3~96 Page 4 of 7
or modification of amortization of the sums secured by this Security htstrument granted by Lender to any
suec~sor ha interest of Borrower shall not operate to release the lis~0ility of thc original Borrower or
Borrower's successors in interest. Leeder shall not be required to commence proceedings against any
successor in interest or refuse to emend time for payment or otherwise modify amortization of the sums
secured by this Secority hlatrument by reason of any demand made by the original Borrower or Borrower's
successors in interest. Any forbearance by Lender ha exercising any right or remedy shall not be a waiver of
or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and
agreements of this Secmity Imm;melt shall bind and benefit the successors and assigns of Lender and
Borrower, subject to the provisions of paragraph 17. Bon'ower's covenants and agreements shnll be joint and
several. Any Borrower who co-signs this Security Instrument but does m}t execute the Note: (a) is co-signing
this Security Instnu~nt only to mortgage, gram and convey that Borrower's interest in the Property under the
terms of this Security Insmmm~; (b) is not personally obligated to pay the sums secured by this Security
Inatrum~t; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make
any acconunodations with regard to the tenm of this Security Instrument or the Note without that Borrower's
13. Loan Charges. If the loan secured by this Security Instrument ia subject to a law which sets
maximum loan charges, and that law is finally interpreted so that thc interest or other loan charges collected or
to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be
rcd-~ by the amount necessary to reduce the charge to the permitte/i limit; and (b) any sums already
collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose
to make this refund by reducing the principal owed under the Note o~r by making a direct payment to
Borrower. If a refund redocea principal, the reduction will be treated ss a partial prepayment without any
prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering
it or by mailing it by first cless mail unless applicable law requires usc of another method. Thc notice shall be
directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to
Lender shall be given by first class mail to Lender's address stated herein or any other address Lender
designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have
been given to Borrower or Lender when given as provided in this paragraph.
15. Governing Law; Severahility. This Security Instrument shall be governed by federal law and the law
of the jurisdiction in which thc Property is located. In the event that any provision or clause of this Security
Instrument or the Note cunflict~ with applicable law, such conflict shall not affect other provisions of this
Security Instrument or the Note which can be given effect without the conflicting pwvisiun. To this end the
provisions of this Security Instnunent and the Note are declared to be severable.
16. Burrower's Cupy. Borrower ~hall be given om: conformcd copy of thc Note and of this Security
Instrument.
17. Transfer of the Property or a Bcodicial Interest in Borrower. If all or any part of the Property or
any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and
Borrower is not a natural person) without Lc~der's prior written consent, Lender may, at its option, t~tuire
immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be
exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of ao:eleratinn. Thc notice .shall provide
a period of not less than 30 days from the date the notice is delivered or mailed within which Bon'ower must
pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration
of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice
or demand on Borrower.
18. Borrower's Right to Ralnsthte. If Borrower meets certain comiir, ions, Borrower shall have the right
to have enforcement of this Security instroBlent discontinued at any time prior to thc carlicr of: (a) 5 days (or
such ocher period as applicable law may specify for reinstatement) before .,;ale of thc Property pursuant to any
power of sale contained in ~his Security Instrument; or (b) entry of a judgment enforcing this Security
Instrument. Those conditions are that Borrower: (a) pays Lender all soma which then would be duc under
this Security Instrument and the Note as if no acceleration had occurred; (b) cores any default of any other
covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, inoluding, but
not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure
that the lien of this Security Instrument. Lender's rights in the Property and Borrower's obligation to pay the
sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower. this
PENNSYLVANIA * Single Family. Fannie Mae/Freddie M=c Uniform Instrument
Form 3039 9/90
UFT #FNMA3039 3/96 Page 5 of 7 Initials:/~/7/.e*
Secudty Instrument and the obligations secured hereby shall remain ful]ty effective as if no acceleration had
occurred. However, this right to reinstate shall not st)ply in the case of acceleraQon under paragraph l?.
19. Sale of Note; Change of Loan Servicer. The Note or a partial i~terest in the Note (together with this
Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a
change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and
this Security Imtrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of
the Note. If there Is a change of the Loan Servicer, Borrower will be given written notice of the change in
accordance with paragraph 14 above and applicable law. The notice will state the name and address of the
new Loan Servicer and the address to which payments should be made. The notice will also contain any other
information ~quired by applicable law.
20. Hazardous'Substances. Borrower shall not cause or permit the, presence, use, disposal, storage, or
reich.se of any Hazardons Substances on or in the Property. Borrower shall not do, nor allow anyone else to
do, anything affeaing the Property that is in violation of any Environmental Law. The preceding two
sentences shall not apply to the presence, use, or ~omge on the Propany of sm~l quzmities of Hazardous
Substances that are generally recognized m be appropriate to normal resul~mial uses and to maintenance of the
Pro~eny.
uorrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other
action by any govermmntal or regulatory agency or private peny involving the Property and any Hazardous
Substance or Environmental Law of which Borrower I~s somal lmowledge. If Borrower learns, or is notified
by any governmental or regulatory authority, that any rem. oval or other remediation of any Haz~dons
Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in
accordance with l~vironmental Law.
As used in this paragraph 20, "Hazardous Substances" are those subsr, ances defined as toxic or hazardous
substances by Environmental Law and the following substances: gasoline,, kerosene, other flammable or toxic
petroleum products, toxic pesticides md herbicides, volatile solvents, materials containing asbestos or
formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal
laws and laws of the jurisdiction where the Propany is located that relate to health, safety or environmental
protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of may covenant or agreement ia this Security Instrument (but not prior to
acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify
Borrower of, among other things: (a) the default; Co) the action required to cure the default; lc) when
the default must be enredl a~d (d) that failure to cure the default ns specified may result in acceleration
of the sums secured by this Security Im-trument, foreclosure by judicial proceeding and sale of the
Proper~y. Lender shall further Inform Borrower of the right to reiastz~e after acceleration and the right
to assert ia the foreclosure proceeding the non-existence of a default or any other defense of Borrower to
acceleration and foreclosure. If the default is not cured as spedfled, Lender at its option may require
immediate payment ia full of all sur~ secured by this Security Instrmnent without further demand and
may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all
expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to,
attorneys' fees and costs of title evidence to the extent permitted by applicable law.
22. Release. Upon paymen, t of all sums secured by this Securiiy Instrument, this Security Instrument and
the estate conveyed shall terminate and become void. After such occul~rence, Lender shall discharge and
satisfy this Security Instrument without charge to Borrower. Borrower sha~[l pay any recordation costs.
23. Waivers. Borrower, W the extent permitted by applicable law, waives and releases any error or
defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any preseel or
future laws providing for stay of execution, extension of time, exemption I~rom attachment, levy and sale, and
homestead exemption.
24. Relns~atement Period. Borrower's time to reinstate provided th paragraph 1~ shall extend to one
hour prior to the commencement of bidding at a sheriff's sale or odter sale pursuant to this Security
Instrument.
25. Purchase Money Mortgage. If any of the deb~ secured by this Security Instrument is leto to
Borrower to acquire title ~o the Proper~y, this Security Instrument shall be a purchase money mortgage.
26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under
the Note.
PENNSYLVANIA - Single Family - Fannie Mae]Freddie Mac Uniform Instrument
Fane 3039 9190
Laser F~'m~ Itt~, (800) 44~-3555
Riders to this Security lnstrmnent. If one or more riders are executed by Borrower and recorded
together with this Security hstmment, d~e covenants and agr~m~nts of each such rider shall be incorporated
into and sl,.all amend ami supplement the covenants and agreements of this Security Insmunent
rider(s) were a pan of this Securi!y Instrument, [Check applicable box(es)]
[---[ Adjustable Rate Rider [~ Condominium Rider
[~]~ Graduated Payment Rider
[--'[ Planned Unit Development Rider
Balloon
Rider
Rate Improvement Rider
[] O~.r(s) [specify]
1-4 Family Rider
Biweeldy Payment Rider
[~] Second Home Rider
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and in any rideris) executed by Borrower and recorded with it.
(Seal)
(Seal)
(Seal)
Certificate of Residence tsmce ~elow Thi~ ~ ~ ~ow~g~ntl
I, ~ ~. ~ ~s. I/ do he.by ceni~ ~ ~e ~ct add.ss of ae
Wim~smyh~d~is ~ dayof ~,~ / Iqq~ J. "
CO~O~AL~ OF PE~S~V~A~ C~E~~ County ~:
Oa ~h, ~e 5TH day of ~CH, 1998 , before ~
· e ~d~ign~ officer, pe~n~ly a~e~ ~E C. ~R
known to me (or satisfac<orily provc~) to be the person whose name~)-.-P2- sq3~.~bed m the within
instrument and acknowledged that HE e~the purposes herein co~ned.
IN WITNESS WHEREOF. I hereun,o sct~.~...~
~ FOm~ InC~ [8001 44*3555 I Notarial .Seal
1.1FT #FNMA3039 3/96 Page 7 of 7 I Bet/; ! ,!tl:~r-Eckrich, Notary
I UppH. r .~, ~., T~vp., Cumberiand Courrty
I,MY Co.:i'nission Expires March 13, 1999
EXIHBIT A1
BALLOON NOTE
(Pixed Rate)
THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL
BALANCE OF THE LOAN AND UNPAID INTEREGT THEN DUE. THE LENDER IS UNDER NO
OBLIGATION TO REFINANCE THE LOAN AT THAT TIME;. YOU WILL, THEREFORE, BE
REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU
WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH,
WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU
MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COST~ NORMALLY ASSOCIATED WITH
A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER.
MARCH $, 1998 .CARNEGIE , PA
I~te] [Cltyl [Stat(il
New~lle, PA 17241
I. BORROWER'S PROMISE TO PAY
in return for a loan that I have received. I promise to pay U.S. $
called "principal'), plus interest, to the order of the Lender. The Lender is
METROFED FINANCIAL, INC.,
72,750.00 (this amount is
I understand that the Lender may transfer this Note. The Lender or anyone who take~ this Note by transfer and wh~
is entitled to receive payments under this Note is called the "Note Holder'.
2. INTEREST
Interest will be charged on unpaid principal until the fall amount of prinnipal has been paid. I will pay inlerest at
a yearly rate of 10.050
The interest rate t~uired by this Section 2 ia the rate ! will pay both before and after any default described in
Section 6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making payments every month.
I will make my monthly payments on the 1ST day of each month beginning on MAY 1
1998 . I will make these payments every month until I have paid all of the principal and interest and any othe~
charges described below that ! may owe under thi.~ Note. My monthly pa]nnents will be applied ~, interest before
principal. If. on APRIL 1, 2013 . I still owe a.mounts under this Note, I will pay those amounts
in fall on that date, which is called the "maturity date'.
I will make my monthly payments at
P.O. Box 487 Carnegie, PA 15106
or at a different place if required by the Note Holder.
(Il} Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 641,12
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of principal at any time before they are due. A payment of principal only is
known as a "prepayment". When I make a prepayment, I will tell the Note Holder in writing that I am doing so. A
prepayment of all of the unpaid principal is known a a 'Full Prepayment". A prepayment of only part of the unpaid
principal ia known as a "Partial Prepayment".
MULTISTATE BALLOON FIXED RATE NOTE
I may make a full prepayment or partial prepayment at any time, however, the Lender may charge me a repayment
charge, upon receipt of a full prepayment or any partial prepayment exceeding 20% of the ex,sting principal balance.
Thc prepayment charge will be equivalent to 3.000 % of the existing principal balance if received
during the first year of the loan, 0.000 % of the principal balance if received during thc second year
of the loan, and 0.000 % of the principal balance if received during the third year of the loan. The Note
Holder will use my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial
prepayment, there will be no delays in the due dates or changes in the amounts of my monthly payments unless the
Note Holder agrees in writing to those delays or changes. I may make a full prepayment at any time.
5. LOAN CHARGES
If a law, which applies to this loan and Which sets maximum loan charges, is finally interpreted so that the interest
or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i)
any such loan charge shall be reduced by the amount necessary to reduce tile charge to the permitted limit; and (ii)
any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may
choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If
a refund reduce~ principal, the reduction will be treated as a partial prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15
calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be
S.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only
once on each late payment. (B) Default
If ! do not pay the full amount of ench monthly payment on the date it is due, I will be in default.
{C) Notice of Default
if I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue
amount by a certain date, the Note Holder may require me to pay immedistelly the full amount of principal which has
not been paid and all the interest that I own on that amount. That date must be at least 30 days after the date on
which the notice is delivered or mailed to me. (D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as
described above, the Note Holder will still have the right to do so if I am in dlefsult at a later time. (E) Payment of Note Holder's Cnsls and Expenses
If the Note Holder has required me to pay immediately in full as deserib~d above, thc Note Holder will have the
right to be paid hack by me for all its costs and expenses in enforcing thais Note to the exlent not prohibited by
applicable law. Those expenses include, for example, reasonable attorneys' fi~s.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be
given by delivering it or by mailing it by first class mall to me at the Property Address above or at a different address
if ! give the Note Holder a notice of my different address.
Any notice that must be given lo the Note Holder under this Note will be given by mailing it by first class mail to
the Note Holder at the address stated in Section 3(A) above or at a different address if 1 am given a notice of that
different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personnilly obligated to keep all of the promises
made in this Note, including thc promise to pay the full amount owed. Any person who is a guarantor, surety or
endorser of this Nole is also obligated to do these things. Any person who takes over these obligations, including the
obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this
Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us
together. This means that any one of us may be required to pay all of the amounts owed under this Note.
9. WAIVERS.
! and any other person who has obligations under this Note waive the rights of presentment and notice of
dishonor. 'Presentment" means the right to acquire the Note Holder to demand payment of amounts due. "Notice of
dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been
paid.
MULT[STATE BALLOON FIXED RATE NOTE
UFT/MF~3260 4/97 Page 2 of 3 Inh:ials?~ .~/%/
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variadon~ in some jurisdictions. In addition to the pmtectiuns
given to the Note Holder under this Note, a Mortgage, Deed of Trust or ,%:~urity Decd (the 'Security Instrument"),
dated the sense date as this Note, protects the Note Holder from possible tosses which might result if ! do not keep the
promises which I make in this Note. That Security Instrument describes how and under what conditions I may
berequired m make immediate payment in full of ~1 amounts i owe under this Note. Some of those conditions are
described as follows:
Transfer of the Property or a Beneficial Interest in Bon'ower. If all or any part of the
Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or
transferred and Borrower is not a natural persun) without Lender's prior written consent, Lender may.
at its option, require inimeaiate payment in full of all sums aeaired by this Security Instrument.
However, this option shall not be exercised by Lender if exercise is prohibited by federal law a~ of the
date of this Security lnstmmant.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice
shall provide a period of not less flum 30 days from the date the notice is delivered or mailed within
which Borrower must pay all sums secured by this Security Instrumemt. If Borrower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
fustmment without further notice or demand on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
Social security Number
19~-26-67b'8
Social Security Number
(Seal)
Social Security Number
Pay to the order of
(Scad
Social Security Number
[Sign Original Only]
Without Recourse
METROFED FINANCIAL, INC.
Administrator
MULTISTATE BALLOON FIXED RATE NOTE
EXHIBIT A2
EXHIBIT A3
~ar-31-3004 04:44pm From'PREMIER ABSTRACT
I
ASSIG~ OFMORTGAG~
F-gTg
I~TOW ALL MI~ ~ TI.m~ ~ dm IMC ~ ~
~ p~d by~e ~un~ ~, ~ ~C H~ ~T~t ~ ~d
M~ 2~k 143~ ~ ~39,~ ~ ~ ~CMo~~ l~k~
o~ ~ ~ ~ ~d ~ ~ nbj~ ~, m ~ ~'
Se~d ~ ~i~
appe~ed ~ t~ ... r _ . who ~kn~ed ~i~c~clf
Ma,-31-ZO0~ a4:44p= From-PREMIER ABSTRACT +243 33ga T-887 P.003/003 F-g?g
~-m ,=~t 'N'o28,-20- i754-018
recor6Cd
In cumberland ~
Recorder of Deed
702 ~[2625
EXHIBIT B
PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS
MOTION FOR SUMMARY JUDGMENT
STATE OF ~3 ~[ )
SS.
COUNTY OF I"('kO{~- )
t~'3X,], ~{{X~ ~E~Lk_~ - L-~ ?,d2~_ , being duly sworn according to law, deposes and says:
1. I am employed in the capacity of,~-bf)f, ~Of~. L31 0{~ 08( of Fairbanks Capital
Corporation, mortgage servicing agent for Plaintiff in the within malter.
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. I am the custodian of records for the within matter.
4. All proper payments made by Defendant have been credited to
Defendant's accounts.
5. Defendant's mortgage payments due May 1, 2003 mad each month
thereafter are due and unpaid.
6. The amounts due on the mortgage were correctly stated in the Complaint as
follows:
Principal Balance
Interest
April 1, 2003 through November 21, 2003
(Per Diem $19.29)
Attorney's Fees
Cumulative Late Charges
March 5, 1998 to November 21, 2003
Cost of Suit and Title Search
Subtotal
Escrow Credit
Escrow Deficit
TOTAL
$70,260.85
$4,533.15
$1,250.00
$1,025.92
$550.00
$77,619.92
$0.00
$1,321.50
$78,941.42
7. Mortgagor has failed to reinstate the account or offer any reasonable solution to cure the arrears on
the past due mortgage payments.
8. Plaintiff provided mortgagor(s) with a Notice of Intention to Foreclose Mortgage, but Defendant did
not take the necessary affirmative steps to avoid foreclosure.
9. 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 Defendant and to the severe detriment of Plaintiff.
10. Plaintiff properly accelerated its mortgage to protect its interests.
Joy BrodowslopLInes
Document Control
anks Capital Corporation
SWORN TO AND SUBSCRIBED
BEFORE'~THIS ,2004. DAY
NOTARY PUBLIC
File Name and Number: Estate of Merle C. Kramer, et al., Account No.: 3018210736
EXHIBIT C
FEDERMAN AND PHELAN, LLP
By: FRANK FEDERMAN, ESQ., Id. No. 12248
LAWKENCE 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
ATTORNEY FOR PLAINTIFF
THE CHASE MANHATTAN BANK, AS TRUSTEE
OF IMC HOME EQUITY LOAN TRUST 1998-3
UNDER THE POOLING AND SERVICING
AGREEMENT DATED AS OF JUNE 1, 1998
338 SOUTH WARMINSTER RD
HATBORO, PA 19040
Plaintiff
COURT OF COMMON PLEAS
CWIL DiVISION
TERM
CUMBERLAND COUNTY
ESTATE OF MERLE C. KRAMER,
DEBORAH J. YOUNG, ADMINISTRATRIX,
HEIR, AND ALL HEIRS AT LAW OF THE
ESTATE OF MERLE C. KRAMER
211 LEFEVER ROAD
NEWVILLE, PA 17241
MERLE C. KRAMER, JR., HEIR
OF THE ESTATE OF MERLE C. KRAMER
300 RED SHED ROAD
NEWVILLE, PA 17241
We I ereby certify
*, ithln to be a true and
.)rrect copy of the
oliginal filed of record
FI?DERM/ AND PHELAN
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 twen .ty (20) days after this complaint and notice are
served, by entenng 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION A[IOUT 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
File#: 78671
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 seqi. (1977),
DEFENDANT(S) MAY DISPUTE THE V,~LIDITY 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 PLAINTII~F WILL
OBTAIN AND PROVIDE DEFENDANT(S) WITH
WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO
BE VALID. LIKEWISE, 1F 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 CONTAC. T 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.
IF YOU HAVE FILED BANKRUPTCY AND
RECEIVED A DISCHARGE, THIS IS NOT AN
ATTEMPT TO COLLECT A DEBT. IT IS AN
ACTION TO ENFORECE A LIEN ON REAL
ESTATE.
File #: 78671
Plaintiff is
THE CHASE MANHATTAN BANK, AS TRUSTEE
OF IMC HOME EQUITY LOAN TRUST 1998-3
UNDER THE POOLING AND SERVICING AGREEMENT
DATED AS OF JUNE l, 1998
338 SOUTH WARMINSTER RD
HATBORO, PA 19040
The name(s) and last known address(es) of the Defendant(s) are:
ESTATE OF MERLE C. KRAMER,
DEBORAH J. YOUNG, ADMINISTRATRIX,
HEIR, AND ALL HEIRS AT LAW OF THE
ESTATE OF MERLE C. KRAMER
211 LEFEVER ROAD
NEWVILLE, PA 17241
MERLE C. KRAMER, JR., HEIR
OF THE ESTATE OF MERLE C. KRAMER
300 RED SHED ROAD
NEWVILLE, PA 17241
who is/are the real owner(s) of the property hereinafter described.
On 3/5/98 mortgagor, MERLE C. KRAMER, made, executed and delivered a mortgage
upon the premises hereinafter described to METROFED FINANCIAL, INC. which
mortgage is recorded in the Office of the Recorder of CU3/IBERLAND County, in
Mortgage Book No. 1436, Page 530. By Assignment of Mortgage recorded 10/6/03 the
mortgage was last assigned to PLAINTIFF which Assignment is recorded in Assignment
of Mortgage Book No. 702, Page 2624.
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 05/01/2003 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 #: 78671
9.
10.
11.
12.
The following amounts are due on the mortgage:
Principal Balance
Interest
04/01/2003 through 11/21/2003
(Per Diem $19.29)
Attorney's Fees
Cumulative Late Charges
03/05/1998 to ll/21/2003
Cost of Suit and Tire Search
Subtotal
$70,260.85
4,533.15
1,250.00
1,025.92
$ 550.00
$ 77,619.92
Escrow
Credit 0.00
Deficit 1,321.50
Subtotal $ 1,321.50
TOTAL $ 78,941.42
The attomey'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.
This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.
This action does not come under Act 91 of 1983 because the mortgaged premises is not
owner-occupied.
Mortgagor, MERLE C. KRAMER, died on 7/2/03, and DEBORAH J. YOUNG was
appointed Administratrix of his estate. Letters of Administration were granted to her on
7/23/03 by the Register of Wills of CUMBERLAND County, No. 21-03-593. Decedent's
surviving heirs at law and next-of-kin are DEBORAH J. YOUNG, MERLE C. KRAMER,
JR., BRETT C. KRAMER, AND LUCINDA J. ROOK.
By executed waiver, DEBORAH J. YOUNG, BRETT C. KRAMER, AND LUCINDA J.
ROOK waived their interest in the mortgaged premises. Said waivers are attached as
Exhibit "A."
Plaintiff does not hold the named Defendants, DEBORAH J. YOUNG AND MERLE C.
KRAMER, JR., personally liable on this cause of action and releases them from any
personal liability. This action is being brought to foreclose', their interest in the aforesaid
real estate only.
File #: 7867[
13.
Defendants, DEBORAH J. YOUNG AND MERLE C. KRAMER, JR., have been named
in accordance with Pa R.C.P. 1144(a)(2), in order to divest the equitable interests in the
premises and have no personal liability for the debt secured by the mortgage.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$ 78,941.42, together with interest from 11/21/2003 at the rate of $19.29 per diem to the date of
Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and
sate of the mortgaged property.
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File #: 78671
FEDERMAN AND PHFLAN, LLP
By: Francis S. Hallinan
Identification No. 62695
Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Attorney for Plaintiff
THE CHASE MANHATTAN BAaNK, AS TRUSTEE OF lMC
HOME EQUITY LOAaN TRUST 1998-3 UNDER THE POOLING
AND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998
ESTATE OF MERLE C. KRAMER, DECEASED
WAIVER BY HEIR OF RIGHT TO Big NAMED
AS A DEFENDANT IN FORECLOSURE ACTION
I, LUCINDA J. ROOK, Heir of the Estate of MERLE C. KiLAMER, hereby waive my
right to be named as a defendant in a foreclosure action to be instituted by THE CHASE
MANHATTAN BANK. involving a mortgage secured on premises 23 CHESTNUT STREET,
NEWVILLE, PA 17241, which property was owned by decedent at the time of his death.
I hereby consent to the foreclosure action, without any fi:[rther notice of proceedings of
SheriWs sale, and understand that any interest I may have in the mortgaged premises will be
divested upon completion of the foreclosure action.
· .J L~c~da J. Rook, ~r
~/Of tile Estate of Merle C, Kramer
* This firm is a debt collector. Any intbrmation we receive will be used lbr that purpose, if your
personal liability for the debt has been discharged in bankruptcy, ~ve are only proceeding against
the real estate secured by the mortgage.
F.
FEDERMAN AND PHELAN, LLP
By: Francis S. Hallinan
Identification No. 62695
Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Attorney fqr Plaintiff
THE CHASE MANHATTgaN BANK, AS TRUSTEE OF IMC
HOME EQUITY LOAN TRUST 1998-3 UNDER THE POOL[bIG
gaND SERVICING AGREEMENT DATED AS OF JUNE 1, 1998
ESTATE OF MERLE C. KtL~uMER, DECEASED
WAIVER BY HEIR OF RIGHT TO BE NAMED
AS A DEFENDgaNT IN FORECLOSURE ACTION
I, BRETT C. KR. AMER, Heir of the Estate of MERLE C. KRgaMER, hereby waive my
right to be named as a defendant in a foreclosure action to be instituted by THE CHASE
MANHATTAN BANK. involving a mortgage secured on premises 23 CHESTNUT STREET,
NEWVILLE, PA 17241, which property was owned by decedent at the time of his death.
I hereby consent to the foreclosure action, without any fttrther notice of proceedings of
Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be
divested upon completion of the foreclosure action.
Bi~(C." I(rame r, Heir'
Of the Estate o f Merle C. Kramer
* This firm is a debt collector. Any information ~ve receive will be used for that purpose. If your
personal liability, for the debt has been discharged in bankruptcy, we are only proceeding against
the real estate secured by the mortgage.
FEDERaMAN AND PHELAN, LLP
By: Francis S. Hallinan
Identification No. 62695
Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Attorney for Plaintiff
THE CHASE MANHATTAN BANK, AS TRUSTEE OF tMC
HOIvlE EQUITY LOAN TRUST 1998-3 UNDER THE POOLING
ANT) SERVICING AGREEMENT DATED AS OF JUNE l, 1998
ESTATE OF MERLE C. KRbuMER, DECEASED
WAIVER BY HEIR OF RIGHT TO BE NAMED
AS A DEFENDANT IN FORECLOSURE ACTION
I, DEBORAH J. YOUNG, Heir of the Estate of MERLE C. KRAMER, hereby waive my
fight to be named as a defendant in a foreclosure action to be instituted by THE CHASE
MANHATTAN BANK. involving a mortgage secured on premises 23 CHESTNUT STREET,
NEWVILLE, PA 1724 I, which property was owned by decedent at the time o f his death.
[ hereby consent to the foreclosure action, without any fiarther notice of proceedings of
Sheriffs sate, and understand that any interest I may have in the mortgaged premises will be
divested upon completion of the foreclosure action.
I understand that it is Plaintiff's intention to name me as a Defendant in the foreclosure
action in my capacity as Administrator of the Estate, only.
Det/orah Young, Heir _!
Of the Estate of Merle C. Kramer,
Not in my capacity as Administratrix
Of the Estate
* This firm is a debt collector. ,Any information we receive will be used tbr that purpose. If your
personal liability for the debt has been discharged in bankruptcy, we are only proceeding against
the real estate secured by the mortgage.
ALL THAT CERTAIN piece or parcel of land situate in the Borough of Newville, County of
Cumberland and State of Pennsylvania, bounded and described as follows, to-wit:
BEGINNING at a point at the curb line at the intersection of Chestnut Street and the Chestnut Alley;
thence along the Eastern side of said Chestnut Alley North 23 degrees 45 minutes West, a distance of
112.5 feet to a point in line of land of the Charles B. Eby Estate; thence along land of the said Charles
B. Eby Estate North 72 degrees East, a distance of 40.45 feet to a point in line of land now or formerly
of Eleanor Scouller Pritt; thence along land of the latter, South 23 degrees 45 minutes East, a distance
of 111 feet to a point in the curb line of said Chestnut Street; thence along the curb line of said Chestnut
Street North 70 degrees West, a distance of 40.45 feet to a point, the place of Beginning, according to
a survey made. by T. Elliot Middleton, Registered Surveyor of the State of Pennsylvania on the 22nd
day of June, 1956.
HAVING thereon erected a two and one-half story frame dwelling house known as and numbered 23
Chestnut Street and other improvements. ~-
Tax Parcel #28-20-1754-018
VERIFICATION
MATT FEENEY hereby states that he is DOCUMENT CONTROL OFFICER of
FAIRBANKS CAPITAL CORPORATION mortgage servicing agent for Plaintiff in this matter, that
he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in
Mortgage Foreclosure are tree and correct to the best of his 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.
Matt Feeney
Document Control Officer
EXHIBIT D
THE CHASE MANHATTAN BANK,
AS TRUSTEE OF IMC HOME EQUITY
LOAN TRUST 1998-3 UNDER THE
POOLING AND SERVICING AGREEMENT
DATED AS OF JUNE 1, 1998
338 SOUTH WARMINSTER ROAD
HATBORO, PA 17040,
Plaintiff
ESTATE OF MERLE C. KRAMER,
DEBORAH J. YOUNG, ADMINISTRATRIX,
HEIR, AND ALL HEIRS AT LAW OF THE
ESTATE OF MERLE C. KRAMER
MERLE C. KRAMER, JR., HEIR OF
THE ESTATE OF MERLE C. KRAMER,
Defendants
COl_IRT OF COMMON PLEAS
CIVIL DIVISION
NO. 03-6286 CIVIL TERM
CUMBERLAND COUNTY
O
ANSWER
AND NOW comes Merle C. Kramer, Jr., one of the Defendants, by and through his
attorneys, Richard L. Webber, Jr., Esquire, and Weigle & Associates, P.C., and answers
Plaintiff's Complaint in Mortgage Foreclosure as follows:
1. Admitted.
It is admitted that the real owner of the property is Deborah J. Young, Administratrix of
the Estate of Merle C. Kramer. It is denied that Merle C. Kramer, Jr., is a real owner
of the property described. Any allegation, express or implied, that Merle C. Kramer, Jr.,
is a proper party in this matter and/or that judgment can be entered against him is
hereby denied.
3. Admitted.
4. Admitted.
After reasonable investigation, Defendant Merle C. I~amer, Jr., is without sufficient
information to form a belief as to the allegation. It is therefore denied.
9.
10.
11.
12.
13.
After reasonable investigation, Defendant Merle C. Kramer, Jr., is without sufficient
information to form a belief as to the allegation. It is therefore denied.
After reasonable investigation, Defendant Merle C. Kramer, Jr., is without sufficient
information to form a belief as to the allegation. It is therefore denied.
Admitted.
Admitted.
Admitted.
Admitted.
Admitted.
It is admitted that both persons were named as Defendants in this action and that each
Defendant has no personal liability for the debt secured by the Mortgage. It is denied that
Defendant Merle C. Kramer, Jr., is a proper party in this action and/or that judgment can
be entered against him. To the contrary, the only proper party in this matter is Deborah
C. Young, Administratrix of the Estate of Merle C. Kram.er.
WHEREFORE, Defendant Merle C. Kramer, Jr., respectfully requests that judgment be
entered in his favor and against Plaintiff.
Respectfully submitted,
WEIGLE & ASSOCIATES, P.C.
Date: ( {~./,~ By:
Richard L. Webber, Jr., Esquire
Attorney for Defendant
Attorney ID #49634
126 East King Street
Shippensburg, PA 17257
Phone (717)532-7388
THE CHASE MANHATTAN BANK,
AS TRUSTEE OF IMC HOME EQUITY
LOAN TRUST 1998-3 UNDER THE
POOLING AND SERVICING AGREEMENT
DATED AS OF JUNE 1, 1998
338 SOUTH WARMINSTER ROAD
HATBORO, PA 17040,
Plaintiff
ESTATE OF MERLE C. KRAMER,
DEBORAH J. YOUNG, ADMINISTRATRIX,
HEIR, AND ALL HEIRS AT LAW OF THE
ESTATE OF MERLE C. KRAMER
MERLE C. KRAMER, JR., HEIR OF
THE ESTATE OF MERLE C. KRAMER,
Defendants
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 03-6286 CIVIL TERM
CUMBERLAND COUNTY
AFFIDAVIT
Richard L. Webber, Jr., being duly sworn according to law, deposes and says that he is
the attorney for Merle C. Kramer, Jr., a defendant herein; that he has reviewed the Complaint
with the said Merle C. Kramer, Jr.; that Merle C. Kramer, Jr., cannot make the verification to the
foregoing Answer because he is outside the court's jurisdiction and his verification cannot be
obtained within the time allowed for filing; that the facts set forth in the foregoing Answer are
true and correct upon his personal knowledge, information and belief; and that he has the
authority of the client to provide this verification.
Richard L. Webber, Jr., Esquire
Attorney for Defendant, Merle C. Kramer, Jr.
Swom or affirmed to and acknowledged before
this /6v~ day of ~at~un~,, ,2004.
Notarial Seal ·
Patricia LTome, Nota~/Public
Shipl~matx~g eoro, Cumberlaad Coumy
EXHIBIT E
Fab'banks Capital Corp.
PO Box 551170
Jacksonville, FL 32255
Address Service Requested
July 17, 2003
150 CC013 FCB071703
MERLE KRAMER
23 CHESTNUT
NEWVILLE PA 17241
h,,llh,.h,hhh,h.lll
RE; Loan No. 3018210736
Original Lender:
CURRENT SERVICER: Fairbanks Capital Corp.
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
(717) 780-1869).
Tiffs 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 FROM BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERT~.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A
PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS
NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD
NOT BE CONSIDERED .sS AN ATTEMPT TO COLLECT THE DEBT.
IIIIIIIIIIillllllllllll I IIIIlll I
'3018210736CC013*
150CC013 FCB071703
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL A ~gI~TANCE WHICH CAN SAVE YOU HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYME?ITS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF
1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE A$,'~ISTANCE:
· IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
· IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND
· IF YOU MEET OTHER ELIGIBILrrY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING
FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under lh~ Act, you arc entitled to a tempora~ stay of forcclozur~ on your mortgage for thirty (30) days
MORTGAGE DEFAULT". F~XPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE,
CONSUMER CRI~D1T COUNSELING AGENCIES - lfyon meet with one of the consumer credit counseling agencies listed at the ~nd of this natice,
HOW TO CURE YOUR MORTGAGE DEFAULT (Brin~ it uo to date}:
NATURE OF THE DEFAULT-
The Mortgage debt held by the above leader on your propcr~y located at:
23 CHESTNUT STREET
NEWViLLE PA 17241
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY PAYMENTS for thc following mofl~s and the following mnounts are: now pas~
(Mortgage payment includ~ Escrow
HOW TO CURE THE DEFAULT - You may cure the default within thi~W (30) days of the dele of this native BY PAYING THE TOTAL AMOUNT
PAST DUE TO THE LENDER, WHICH IS $2932.22, TOGETHER WITH ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH
YOU MAY ALSO 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.
· TO HAVE THiS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
· TOHAVETHEMORTGAGEKEST~REDT~THESAMEPOS~TI~NA~FNODEFAULTHADOCCURRED~FY~UCURETHEDEFAULT~
(HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CUKE YOUR DEFAULT MORE THAN THREE TLMES IN ANY CALENDAR YEAR.)
· TO A~SERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR .~qY OTHER LAWSUIT INSTITUTED
UNDER THE MORTGAGE DOCUMENTS.
· TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY TE[E LENDER-
· TO SEEK PROTECTION UNDER FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING' yoLrR COUNTY
CUMBERLAND COUNTY
HEMAP Counseling Agency List as of 1/14/03
Adams County Housing Authority
139-143 Carlisle St.
Getlysburg, PA 17325
(717) 334-1518
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Community Action Commission of Capfial Region
1514 Deny Street
Harrisburg, PA 17104
(717) 232-9757
Financial Counseling Services of Franklin
43 Pinladelphia Avenue
Waynesboro, PA 17268
(717) 762-3285
Loveship, Inc.
2320 North 5th Street
Harrisburg, PA 17110
(717) 232-2207
PHFA
2101 North Front Street
Harrisburg, PA 17110
800-342-2397
Urban League of Metropolitan Hbg
2107 N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
150 CC013 FCB071703
EXHIBIT F
FE~DER/VSAN AND PHELAN, LLP
By: FRANcis S. HALLINAN, ESQ.
Identification No. 62695
One Penn Center at
Submban Station - Suite 1400
Philadelphia, PA 19103 Attorney for Plaintiff
(215) 563-7000
The Chase Manhattan Bank, As Trustee of IMC
Home Equity Loan Trust 1998-3 Under the Pooling
and Servicing Agreement Dated as of June 1, 1998
: CUMBER]LAND COUNTY
: COURT OF COMMON PLEAS
VS.
Estate of Merle C. Kramer, Deborah J. Young,
Administratrix, Heir, and all Heirs at Law of the
Estate of Merle C. Kramer
211 Lefever Road
Newville, PA 17241
Merle C. Kramer, Jr., Heir of the Estate of
Merle C. Kramer
300 Red Shed Road
Newville, PA 17241
PRAECIPE FOR JUDGMENT FOR FAILURE 'Fo
ANSWER A/ND ASSESSMENT OF DAMAGES
· CIVIL DIVISION
o
: NO. 03-6286 C.T.
TO THE PROTHONOTARY:
Kindly enter judgment in ~vor of the Plaintiff and against Estate of Merle C. Kramer, De~bo~ J.
Young, ^,lmlnintratrix, He,r, an~Reirs at Law of the .Estate. of Merle~c. ,I?am~er D, efendants.,
}0 file an Answer to Plaintiffs Co~~a. ' )0 days ffom"serv,ce thereof ano for torcmosure ana sa,e or me
mort a ed remises, and assess Plain~g~gl~$}a~ [91lows:
g g P ~ ~ r ~ ~'~ ,~
DAMAGES TO BE ASSESSED AT A L~~"~
I hereby certify that (1) the addresses of thc Plaintiff and Defendants are as shown above, and (2) that notice
has been given in accordance with Rule 236, copy attached.
F~ad',ICIS S. HALLINAN, ESQUIRE
Attorney for Plaintiff
DATE:
PRO PROTHONOTARY
~,RI~ICATION
Sheetal R. Shah-Jani, Esquire, bercby states that she is thc attonaey for Plaintiff ha tiffs action, that she
is auflaorizcd to make this veriiicafion, and fl~at the statements made in thc foregoing Motion tbr Summary
Judgment and Brief arc true and correct to the best of her knowledge, intbrmation, mad belief. The
undersigned understmads that this statement herein is made subject to the penalties of 18 Pa.C.S. §4904
relating to unswom falsification to anthorifcs.
Date
Attorney for Plainfiit:
FEDERMAN AND PHELAN, LLP
By: SHEETAL R. SHAH-JANI, ESQUIRE
Identification No. 81760
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
The Chase Manhatlan Bank, As Trustee of
IMC Home Equity Loan Trust 1998-8 Under
the Poling and Servicing Agreement Dated as
of June 1, 1998
338 South Warminster RD
Hathoro, PA 19040
Plaint~f
Attorney for Plaintiff
: Court of Common Pleas
: Civil Division
: Cumberland County
Estate of Merle C. Kramer, Deborah J. Young,
Administratrix, Heir, and All Heirs at Law of
the Estate of Merle C. Kramer
211 Lefever Road
Newvflle, PA 17241
: No. 03-6286 Civil Term
Merle C. Kramer, Jr., Heir of the Estate
of Merle C. Kramer
300 Red Shed Road
Newville, PA 17241
Defendants
CERTIFICATION OF NO RESPONSE
TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
1. On April 12, 2004, Plaintiff filed a Motion for Summary Judgment against
Defendant Merle C. Kramer, Jr., Heir of the Estate of Merle C. Kramer.
2. Attorney for the Plaintiff hereby certifies that Plaintiff has not received a
response or brief in opposition to the Motion for Summary Judgment.
WHEREFORE, Plaintiff respectfully requests that this matter be directed to the
Assigned Judge for grant of Plaintiff's Motion for Summm~¢ Judgment.
Respectfully submitted,
Fedennan and Phelan, LLP
Date SAht ~oent; } le yR~oSr h~ l~Jn~'~(~uire
FEDERMAN AND PHELAN, LLP
BF. SHEETAL R. SHAH-JANI, ESQUIRE
Identification No. 81760
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Suite 1400
philadelphia, PA 19103-1814
2~5) 568-7000
The Chase Manhattan Bank, As Trustee of
IMC Home Equity Loan Trust 1998-8 Under
the Poling and Servicing Agreement Dated as
of June 1, 1998
338 South Warminster RD
Hatboro, PA 19040
Plaintiff
Estate of Merle C. Kramer, Deborah J. Young,
Admim'slralrix, Heir, and All Heirs at Law of
the Estate of Merle C. Kramer
211 Lefever Road
Newville, PA 17241
Attorney for Plaintiff
: Court of Common Pleas
: Civil Division
: Cumberland County
No. 03-6286 Civil Term
Merle C. Kxamer, Jr., Heir of the Estate
of Merle C. Kramer
300 Red Shed Road
Newville, PA 17241
Defendants
CERTIFICATE OF SERVII.2E
I hereby certify a true and correct copy of the foregoing Plaintiff's Certification of
No Response was sent via regular mail on counsel for Defendants on the date listed below:
Richard L. Webber, Jr., Esquire
126 East King Street
Shippensburg, PA 17257
BY:
FEDERMAN AND PHELAN, LLP
By:. SHEETAL R. SHAH-JANI, ESQUIRE
Identification No. 81760
One Peim Center at Suburban
1017 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103-1814
(215) 56&7000
The Chase Manhattan Bank, As Trustee of
IMC Home Equity Loan Trust 1998-8 Under
thc Poling and Servicing Agreement Dated as
of June I, 1998
338 South Warminster RD
Hatboro, PA 19040
Plaintiff
Estate of Merle C. Kramer, DeborahJ. Young,
Administratrix, Heir, and All Heirs at Law of
the Estate of Merle C. Kramer
211 Lefever Road
Newville, PA 17241
Merle C. Kramer, Jr., Heir of the Estate
of Merle C. Kramer
300 Red Shed Road
Newville, PA 17241
Defendants
A/tomey for Plaintiff
: Court of Common Pleas
: Civil Division
: Cumberland County
: No. 03-6286 Civil Term
CERTIFICATE OF SERVICI~
I hereby certify a true and correct copy of the foregoing Plaintiff's Certification of
No Response was sent via regular mail on counsel for Defendants on the date listed below:
Richard L. Webber, Jr., Esquire
126 East King Street
Shippensburg, PA 17257
Sheetal R. Shah-Jani, EsqOir~
Attorney for Plaintiff
FEDERMAN AND PHELAN, LLP
By: SHEETAL R. SHAH-JANI, ESQUIRE
Identification No. 81760
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19108-1814
(215) 56~7000
The Chase Manhattan Bank, As Trustee of
IMC Home Equity Loan Trust 1998-8 Under
the Poling and Servicing Agreement Dated as
of June 1, 1998
388 South Warminster RD
Hatboro, PA 19040
Plaintiff
VS.
Attorney for Plaintiff
: Court of Common Pleas
: Civil Division
: Cumberland County
Estate of Merle C. Kramer, Deborah J. Young,
Administmtrix, Heir, and All Heirs at Law of
the Estate of Merle C. Kralner
211 Lefever Road
Newville, PA 17241
Merle C. Kramer, Jr., Heir of the Estate
of Merle C. Kmmer
300 Red Shed Road
Newville, PA 17241
Defendants
: No. 0845286 Civil Terra
CERTIFICATION OF NO RESPONSE
TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
1. On April 12, 2004, Plaintiff filed a Motion tbr Summary Judgment against
Defendant Merle C. Kramer, Jr., Heir of the Estate of Merle C. Kramer.
2. Attorney for the Plaintiff hereby certifies that Plaintiff has not received a
response or brief in opposition to the Motion for Summary Judgment.
WHEREFORE, Plaintiff respectfully requests that this matter be directed to the
Assigned Judge for grant of Plaintiff' s Motion for Summaw Judgment.
Respectfully submitted,
Federman and Phelan, LLP
Date SAht~oetrna, leyR~oSrhpla~aiJnta~(x~uire
THE CHASE MANHATTAN BANK, :
as Trustee of IMC Home Equity :
Loan Trust 1998-3 Under the :
Poling and Servicing Agreement :
dated as of June 1, 1998 :
338 South Warminster Rd
Hatboro, PA 19040, Plaintiff
ESTATE OF MERLE C. KRAMER,
DEBOR3kH J. YOUNG,ADMINISTRATRIX,
HEIR, AND ALL HEIRS AT LAW OF
THE ESTATE OF MERLE C. KRAMER
211 Lefever Road
Newville, PA 17241
MERLE C. KRAMER, JR., HEIR OF
ESTATE OF MERLE C. KRAMER
300 Red Shed Road
Newville, PA 17241
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-6286 CIVIL TERM
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Date: June 1, 2004
The undersigned Dale F. Shughart, Jr., Esquire and Hamilton C.
Davis, Esquire, hereby enter their appearance as local counsel in
conjunction with Federman & Phelan for limited purpose of
representing the Plaintiff at Oral Argument on June/~ 2004.
Date: June 1, 2004Supreme C° rt I'D'~1937
35 East High Street, Suite 203
Carlisle, PA 17013
(717)/241-4311
Supreme Court I.D. 10264
P. O. Box 40
Shippensburg, PA 17257
(717) 32-5713
CC:
Sheetal R. Shah-Jani, Esquire
Federman and Phelan, LLP
Richard L. Webber, Jr., Esquire
FEDERMAN AND PHELAN, LLP
BY: SHEETAL R. SHAH-JANI, ESQUIRE
Identification No. 81760
One Penn Center at Suburban Station
Suite 1400
1617 J.F.K. Blvd.
Philadelphia, PA 19103-1814
(215) 563-7000
Attorney for Plaintiff
The Chase Manhattan Bank, As Trustee of
IMC Home Equity Loan Trust 1998-3 Under
the Poling and Servicing Agreement Dated as
of June 1, 1998
338 South Warminster RD
Hatboro, PA 19040
Plaintiff
VS.
Court of Common Pleas
Civil Division
: Cumberland County
Estate of Merle C. Kramer, Deborah J. Young,
Administralrix, Heir, and All Heirs at Law of
the Estate of Merle C. Kramer
211 Lefever Road
Newville, PA 17241
: No. 03-6286 Civil Term
Merle C. Kramer, Jr., Heir of the Estate
of Merle C. Kramer
300 Red Shed Road
Newville, PA 17241
Defendants
PRAECIPE TO WITHDRAW MOTION FOR SUiMMARY JUDGMENT
TO THE PROTHONOTARY:
Plaintiff hereby withdraws its Motion for Summary .Judgment filed on or about
April 7, 2004 without prejudice.
Respectfully submitted,
FEDERMAN AND PHELAN, LLP
DATE:
BY tal R. Shah-Jtmi, ~sq~re
Attorney for Plaintiff ~,J
FEDERMAN AND PHELAN, LLP
BY: SHEETAL R. SHAH-JANI, ESQUIRE
Identification No. 81760
One Penn Center at Suburban Station
Suite 1400
1617 J.F.K. Blvd.
Philadelphia, PA 19103-1814
(215) 563-7000
Attorney for Plaintiff
The Chase Manhattan Bank, As Trustee of
I/ViC Home Equity Loan Trust 1998-3 Under
the Poling and Servicing Agreement Dated as
of June 1, 1998
338 South Warminster RD
Hatboro, PA 19040
Plaintiff
VS.
: Court of Common Pleas
: Civil Division
Cumberland County
Estate of Merle C. Kramer, Deborah J. Young,
Administratfix, Heir, and All Heirs at Law of
the Estate of Merle C. Kramer
211 Lefever Road
Newville, PA 17241
No. 03-6286 Civil Term
Merle C. Kramer, Jr., Heir of the Estate
of Merle C. Kramer
300 Red Shed Road
Newville, PA 17241
Defendants
CERTIFICATION OF SERVICE
I hereby certify a true and correct copy of the foregoing Praecipe to Withdraw
Motion for Summary Judgment and Praecipe to Withdraw Complaint, was served via
facsimile and regular mail on the following parties on the date listed below:
Richard L. Webber, Jr., Esquire
126 East King Street
Shippensburg, PA 17257
S h;eta ah-J n , E4uire
Attorney for Plaintiff,,J
FEDERMAN AND PHELAN, LLP
BY: FRANCIS S. HALLINAN, ESQUIRE
Identification No. 62695
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
The Chase Manhattan Bank, As Trustee of
IMC Home Equity Loan Trust I998-3 Under
the Poling and Servicing Agreement Dated as
of June 1, 1998
338 South Warminster RD
Hatboro, PA 19040
Plaintiff
VS.
Estate of Merle C. Kramer, Deborah J. Young,
Administratrix, Heir, and All Heirs at Law of
the Estate of Merle C. Kramer
211 Lefever Road
Newville, PA 17241
Merle C. Kramer, Jr., Heir of the Estate
of Merle C. Kramer
300 Red Shed Road
Newville, PA 17241
Defendants
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
: Cumberland County
: No. 03-6286 Civil Term
PRAECIPE TO WITHDRAW COMPLAINT
TO THE PROTHONOTARY:
Please withdraw the Complaint and mark the case Discontinued and Ended
without prejudice in the above referenced case.
Francis S. Hallinan/ssj
Attorney for P][aintiff
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be tyl~ewritten and submitted ~J~ duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Pl-~e list the within matter for th~ next Argtm~nt Court.
CAPTION OF CASE
(entire caption must be stated in full)
Commonwealth Financial Systems, Inc.
( p1 ai ntiff )
Thomas E. Lewis
( De fen~ant )
No. 6261. Civil CV 20 03
1. State matter to be argued (i.e., plaintiff's n~)tion for new tr~l, defendant's
d(~u~.r to CCm,~pl~nt, etc. ): Plaintiff's Motion for Summanj Judgment
Identify counsel who will argue case:
(a) for plaintiff: Alan R. Mege, Esq.
~-~ess: P.O. Box 1426, Bethlehem, PA 18016
(b) for defen,~nt: Thomas E. Lewis, Pro Se
~,~ss: 263 Texaco Road, Mechanicsburg, PA 17050
3. I will notify ~ll parties in writing within t~) clays that this case bas
been listed for arg~_nt.
4. Argtm~_nt Court Date: July 28, 2004
Attorney fc~: Plaintiil~
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
P]-~-~e list the within matter for the next Argu~r~nt Court.
CAPTION OF CASE
(entire caption must be stated in b,]~)
Commonwealth Financial Systems, Inc.
( Plaintiff )
Thomas E. Lewis
( De fem~ant )
No. 626~,, C±-~L1 CV 20 03
1. State matter to be argued (i.e., plaintiff's nx)tion for new trial, defendant's
d~---~' to c~,,%.la~nt, etc. ): Plaintiff's Motion for Judgment on the Pleadings
Identify counsel who ~dl] argue case:
(a) fo~ pl-'intel=f: Alan R. Mege, Esq.
~s: P.O. Box 1426, Bethlehem, PA 18016
(b) for defer, dank: Thomas E. Lewis, Pro Se
~]~,~,s= 263 Texaco Road, Mechanicsburg, PA 17050
3. I w~ 1 1 notify al 1 parties in writing within t~) days that this case has
been 1 ~ sted for argt~r~nt.
4. A~-~J~--nt r_J~xz~c Date: July 28, 2004
D~ted: Attorney f~: Plaintiff