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Home My WebLink About04-0571FEDERMAN 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 ATTORNEY FOR PLAINTIFF CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY, S/B/M TO MELLON FINANCIAL SERVICES CORPORATION #9 3415 VISION DRiVE COLUMBUS, OH 43219 Plaintiff COURT OF COMMON PLEAS CIV1L DiVISION TERM NO. Oq - CUMBERLAND COUNTY ALEX C. AVITABILE 220 DEERFIELD ROAD CAMP HILL, PA 17011 LINDA M. AVITABILE 220 DEERF1ELD ROAD CAMP HILL, PA 17011 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 WlTH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT A1FFORD 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#: 87471 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FA/R 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 MAlL 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 ENFORCE A LIEN ON REAL ESTATE. File#: 87471 Plaintiff is CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY, S/B/M TO MELLON FINANCIAL SERVICES CORPORATION #9 3415 VISION DRIVE COLUMBUS, OH 43219 The name(s) and last known address(es) of the Defendant(s) are: ALEX C. AVITAB1LE 220 DEERPIELD ROAD CAMP H1LL, PA I7011 LINDA M. AVITABILE 220 DEEP, FIELD ROAD CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 01/31/1991 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COMMONWEALTH NATIONAL BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1002, Page 576. By Assignment of Mortgage recorded 2/28/91the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 393, Page 470. 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 10/01/2003 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#: 87471 The following amounts are due on the mortgage: Principal Balance Interest 09/01/2003 through 02/09/2004 (Per Diem $7.22) Attorney's Fees Cumulative Late Charges 01/31 / 1991 to 02/09/2004 Cost of Suit and Title Search Subtotal $30,206.01 1,169.64 1,225.00 347.82 $ 550.00 $ 33,498.47 Escrow Credit 0.00 Deficit 287.14 Subtotal $ 287.14 TOTAL $ 33,785.61 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTiFF demands an in rcm Jud~nent against the Defendant(s) in the sum of $ 33,785.61, together with interest from 02/09/2004 at the rate of $7.22 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclostnce and sale of the mortgaged property. By: FEDERMAN_ AND P. HELAN~j~. /s/r~a~l~an ' FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALL1NAN, ESQUIRE Attorneys for Plaintiff F/le #: 87471 · PIIE~ISES BgIN~: 220 DEERFIELD ROAD. VERIFICATION Summer M. Winega~ner hereby states that he/she is ~:~L~c; ,2 2c -~7.C~: of CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing agent for Plaintiffin this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action are tree and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Summer M, Win~-- SHERIFF'S RETURN - CASE NO: 2004-00571 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOT FOUND CHASE MORTGAGE COMPANY-WEST VS AVITABILE ALEX C ET AL Thomas Kline duly sworn according to law, says, that he made a inquiry for the within named DEFENDANT AVITABILE ALEX C unable to locate Him in his bailiwick. COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, who being diligent search and but was He therefore returns the the within named DEFENDANT , NOT FOUND , as to AVITABILE ALEX C 220 DEERFIELD ROAD CAMP HILL, PA 17011 DEFENDANT'S NEW ADDRESS IS 19 YORK STREET MALVERN NY LONG ISLAND 11565. Sheriff's Costs: Docketing 18.00 Service 10.35 Not Found 5.00 Surcharge 10.00 .00 43.35 So answers~_~ ~ ~~ Sheriff of Cumberland County FEDERNLAN & PHELAN 02/18/2004 Sworn and subscribed to before me this R ~ day of.~-~7 ~ A.D. tary SHERIFF'S RETURN - REGULAR CASE NO: 2004-00571 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY-WEST VS AVITABILE ALEX C ET AL SHAiqNON SHERTZER Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE AVITABILE LINDA M DEFENDANT at 2020:00 HOURS, at 220 DEERFIELD ROAD CAMP HILL, PA 17011 DONNA ANTONIO, ADULT IN CHARGE a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 12th day of February , by handing to together with - MORT FORE 2004 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 02/18/2004 FEDERMAN & PHELAN .// Sworn and Subscribed to before me this ~ ~.,,.,.~ day of Deputy Sheriff A.D. ' Prothonotary FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY, S/B/M TO MELLON FINANCIAL SERVICES CORPORATION #9 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff, ALEX C. AVITABILE LINDA M. AVITABILE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 04?.~q/CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaimiff and against ALEX C. AVITABILE and LINDA M. AVITABILE, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 2/10/04 to 3/26/04 TOTAL $33,785.61 $332.12 $34,117.73 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS/NDICATED. PRO PROTHY FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (715) 563-7000 CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY, S/B/ivl TO MELLON FINANCIAL SERVICES CORPORATION # 9 Plaintiff VS. ALEX C. AV1TABILE LINDA M. AV1TABILE Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DIVISION : CUMBERLAND COUNTY NO. 04-571-CIVIL TERM TO: LINDA M. AVITABILE 220 DEERIqI~LD ROAD CAMP HILL, PA 17011 DATE OF NOTICE: MARCH 15, 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.I?' 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. HALL1NAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (?15) '56%7000 CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY, SfB/M TO MELLON FINANCIAL SERVICES CORPORATION #9 Plaintiff Vs. ALEX C. AVITABILE LINDA M. AVITABILE Defendants ATTORNEY FOR PLAiNTIFF : COURT OF COMMON PLEAS : CML DWISION : CUMBERLAND COUNTY : NO. 04-571-CIVIL TERM TO: ALEX C. AVITABILE 19 YORK STREET MALVERNE, NY 11565 DATE OF NOTICE: MARCH ! ~, 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 1701'3 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN CASE NO: 2004-00571 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY-WEST VS AVITABILE ALEX C ET AL - REGULAR SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT AVITABILE LINDA M DEFENDANT , at 2020:00 at 220 DEERFIELD ROAD CAMP HILL, PA 17011 DONNA ANTONIO, ADULT IN CHARGE a true and attested copy of - MORT FORE was served upon the HOURS, on the' 12th day of February , 2004 by handing to COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 i6.o0 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline 02/18/2004 FEDERMAN & PHELAN t S RUSH! PLAINTIFF RUSH! RUSH! AFFIDAVIT OF SERVICE CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGGE COMPANY, S/B/M TO MELLON FINANCIAL SERVICES NO. 04-571 DEFENDANT.~~;{ 'LINDA M. ~VI~ SERVE AT: TYPE OF ACTION X~'g Mortgage Foreclosure XX Civil Action SERVED Serv,~ and made ,opm to ~/~., ,~/~~-_d ,Defendant on the ~efendam personally seined. Adult fa~ly member with whom Defendant(s) reside(s). Relationship is AdMt in ch~ge of Defen~t's residence who refused to ~ve nme/relationship. Manager/Clerk of place of lod~ng in which Defen~n~s) reside(s) Agent or ~rson in charge of Defendant's office or usual place of b~iness. and offic& of said defendant comply. ~ Other: . . L 7~~~t~ ~ul; being, duly sworn according to law, depose and sram that I-- -- ~-- ~~---- ~ a ~e and co~ect cgpy of the ~ ~~//[- ~~ issued in the captioned case on the ~te an~at~6 address indicated above. ~ Sworn to and subscribed BeforF n~ this ~'~day Illj~°~l~Jm*/ a~v of __.M., ~)e~n~c~anV~q~ ~O UND because: Moved Unknown Other: NOTSERVED ,20__, at No Answer o'clock Vacant Sworn to and subscribed Before me the day of ,20__. Notary: NOt Served By: FEDERMAN AND PItELAN, LLP Attorneys For Plaintiff Frank Fedcrman, Esquire - I.D.#12248 Suite 1400- One Penn Center Plaza at Suburban Stat/on Philadelphia, PA 19103-1799 (215 )563 -7000 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY, S/B/M TO MELLON FINANCIAL SERVICES CORPORATION #9 3415 VISION DRIVE Plaintiff, ALEX C. AVITABILE LINDA M. AVITABILE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-~1'~ CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended, (b) that defendant ALEX C. AVITABILE is over 18 years of age and resides at, 19 YORK STREET, MALVERNE, NY 11565. (c) that defendant LINDA M. AVITABILE is over 18 years of age, and resides at, 220 DEERFIELD ROAD, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Request for Military Status Page 1 of l Department of Defense Manpower Data Center MAR-24-2004 07:14:35 Military Status Report Soldiers' and Sailors' Civil Relief Act of 1940 Currently not on Active Military Duty, based on the Social Security Number and last name provided. 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. Seheflen, 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.heipdeskC~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 SSiN they submitted is a match or non-match. https://www.dmdc.osd.mil/udpdri/owa/sscra.prc_Select 3/24/2004 Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center MAR-24-2004 07:14:46 Military Status Report Pursuant. to the Soldiers' and Sailors' Civil Relief Act of 1940 Currently not on Active Military Duty, based on the Social Security Number and last name provided. 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 3/24/2004 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY, S/B/M TO MELLON FINANCIAL SERVICES CORPORATION #9 Plaintiff, ALEX C. AVITABILE LINDA M. AVITABILE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-4~1 CIVIL TERM CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.ILC.P. 3180-3183 CHASE MORTGAGE COMPANY-WEST, F/K/A : MELLON MORTGAGE COMPANY, S/B/M TO : MELLON FINANCIAL SERVICES : CORPORATION #9 : Plaintiff, : ALEX C. AVITABILE LINDA M. AVITABILE No. 04-~g~l CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 3/27/04 to 9/8/04 (per diem -$5.61) TOTAL $34,117.73 $931.26 and Costs $35,048.99 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CEI~TAIN parcel known as Lot #179A, $ccti~ C, Allendale, Lower Alien Township, Cumberland County, Penn~lvn-!~ a~ording to a Plan of Allendnle, f~r Mid Sta~ Development, I~,, by Wflllam B~ Whittock, R.F.I~., F.e~ubdivisio~ Plan dated November 12, 1974, reeo~ed in lqan 8ook 25, Pag~ 1~0.' bounded and d~,~."oed in accord~mce with said plan as follows: BEG~G at apoint 0o ~e We~,e~rn right-of-way line ~ ~M ~ a ~ ~t fig~ ~ ~, ~id ~t ~ l~t~ ~ ~ a ~ ~.86 feet ~ a N~y of a 21.652 ~ot a~ gO~ ~ W~ r~t~f-~ ~e of ~eld of-~y ~ ~t~ ~. a 50 ~ r~t~-~y: ~ ~ ~ No. 178A, N~ ~ ~, a d~ of ~6.~ f~ m n ~t ~ a ~ ~t; ~ ~ ~t No. l~A No~ 35 ~e~ ~ ~aten 56 ~s ~, a ~ ~ L1.86 feet ~ ~ ~ ~u~ W~, a ~ of 112.74 f~ m a ~i~ ~ p~ of CONTAINING 10,0~0 squ~re feet nnd betn~ z~d~jec~ ~o n 15 foo~ wide uti~ty ~em~nt at the rear of &clot. HAVINO tl~:~:on ~e~l a two ~ory dw~l~ing known as 220 Deerfield Ro~d. T[TI,E TO SAID PI/PMISES IS VE,gTED IN Ale~ C, Avitabl[~ m~d Linda M. Av#abllc, his wife by Deed from .~ame~ H. Fetzer, I!I n~nd Mnry Anne Fetz~r, l~i~ wife dated 3/'23/19~7 nnd recorded 9/9/1987 in Reo:wd Book X22, Pa~e 674. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-571 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY, S/B/M TO MELLON FINANCIAL SERVICES CORPORATION #9, Plaintiff (s) From ALEX C. AVITABILE AND LINDA M. AVITABILE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. AmountDue $34,117.73 L.L. $.50 Interest FROM 3/27/04 TO 9/8/04 (PER DIEM - $5.61) - $931.26 AND COSTS Atty's Corem% Due Prothy $1.00 AttyPaid $141.35 Other Costs Plaintiff Paid Date: MARCH 29, 2004 (Seal) CURTIS R. LONG Prothonot~.~ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court 1D No. 12248 CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMP.a. NY, S/B/M TO MELLON FINANCIAL SERVICES CORPORATION #9 Plaintiff, ALEX C. AVITABILE LINDA M. AV/TABILE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-~ICIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY, S/B/M TO MELLON FINANCIAL SERVICES CORPORATION #9, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located att 220 DEERPIELD ROAD, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ALEX C. AVITABILE 19 YORK STREET MALVERNE, NY 11565 LINDA M. AVITABILE 220 DEERF/ELD ROAD CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose.judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Kaaown Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 220 DEERFIELD ROAD CAMP HILL, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. March 26, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY, SfBflVI TO MELLON FINANCIAL SERVICES CORPORATION #9 Plaintiff, ALEX C. AVITABILE LINDA M. AVITABILE Defendant(s). TO: ALEX C. AVITABILE 19 YORK STREET MALVERNE, NY 11565 CUMBERLAND COUNTY No. 04-glCML TERM March 26, 2004 LINDA M. AVITABILE 220 DEEREIELD ROAD CAMP HILL, PA 17011 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANYINFORMATION OB TAINED WILL BE USED FOR THAT PURPOSE. IF .YOU HA VE PRE VIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 220 DEEREIELD ROAD, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $34,117.73 obtained by CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY, S/B/M TO MELLON FINANCIAL SERVICES CORPORATION #9 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the .judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full mount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the mount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full mount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CEgTA[N parcel knawn as Lot #179A, Se~ion C, Allendale, Low~ AIIe~ Towtt~h'?~ Cumb~laml County, Pem~sylvani~ accoM. Ang to a Plan of Alfendale, for Mid State Deveinpme~, lng., by William 9, Whlttock, R,P.E,, P.e~abdivisio~ Plan dated Novemb~ 12, 1974, recorded in Plan Book 25, Pag~ 150, bounded end described in accordance with said plan es follows: BEGINNING at m point on the We~g~n right-of-way line of D~rficid ~ ~t 50 foot rigbl of v/ay, snid poi~ being located and rvf~eaccd a dis~ge of 468,86 fee~ in a Noril~ly direction from the North end of a 21.6.52 foot ~rc c, on~ the Wesmrn right-of-we,y line of Deerfleld Ro~d to the Nnrthern dgin- of-way of F'ginstoae Road, a 50 foot right-of, way; thenc~ along L~ No. 178A, North 66 d~rc~ 30 minutes West, a distance of 100 feet to a point; thcnc~ along Lot No. 153A Nor~ 23 degre~ 30 minutes Fast, a die~tn~ of 76.50 feet to a point nta concrete m0num~t; fig:nee along Lot No. 182A North 35 degrees 04 minutes 56 ~n~s Eas~, ~ distance of 1L~I6 feet to a point common m Lots No. Ig2A angl Ig0A; then~ along Lot No, 180A South 80 dagnmz 39 miontc~ 21 ~econ~ East, e of 100.6g feet to a point; thence along the Western fight-of-way line of Deerlield Road Soo~ dc~'ees 30 minutes We~, a 0isinnoe of 112.74 f~t to a point the place of CONTALNING 10,000 ~quare f~t and t~ing ~mbjee.4 m a 15 foo~ wide utility eescme~ at ~e rear of HAVPvlO ~crcon erected a two sto~y dwelling known as ~20 Decrfgld Road. TITIJ] TO SAID PRAISES tS VESTED IN Alex C, Avitabilc nnc~ Linde M. AvitabHe, hi~ wife by De~ from James I-l. Fetzer, III end Mary Anne Fe~er, his wif~ dated 3/23/1987 end recorded 9/9/1987 in Record Book X32, Pl~e 674. FEDERMAN AND PHELAN By: DANIEL SCHMIEG IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (21 ~) 56q-7000 ATTORNEY FOR PLAINTIFF CHASE MORTGAGE COMPANY- WEST, FPK/A MELLON MORTGAGE COMPANY Plaintiff VS. ALEX C. AVITABILE LINDA M. AVITABILE Defendant(s) : County : Court of Common Pleas : CIVIL DIVISION : NO. 04-571 C1VILTERM pRAF~C]PE TO VAC~ATF, .IIII~GMENT. MARK f~A~E ~I~ONTINII~ AND EN~F,D WITHOUT pRF,.IIT~ICE TO THE PROTHONOTARY: Kindly vacate the Judgment which was entered on 3/2.9/04 against ALEX C. AVITABILE and L1NDA M. AVITABILE, Defendant(s), in the amount of $34,117.73 relative to the instant matter and mark this case discontinued and ended, without prejudice, upon payment of your costs only. 4 ff mL SC Mm'C SQUn f Attorney for Plaintiff ~ Dated: July 29, 2004