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Home My WebLink About04-0780 0, FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ" Id, No, 32227 FRANCIS S, HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE MORTGAGE COMPANY-WEST, FIK/A MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS,OH 43219 COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO,O'f- -/ go ~ v. CUMBERLAND COUNTY DONNA L. HENRY 2237 ASPEN PLACE MECHANICSBURG, P A 17055 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 COUN1Y CUMBERLAND COUN1Y BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File #: 88566 File #: 88566 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 ENFORCE A LIEN ON REAL ESTATE. SALE DATE: SEPTEMBER 7. 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHASE MORTGAGE COMPANY-WEST, F/K1A MELLON MORTGAGE No.: 04-780-CIVIL COMPANY vs. DONNA L. HENRY AFFIDAVIT PURSUANT TO RULI~ 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the mal property located at: 2237 ASPEN PLACE. MECHANICSBURG. PA 17055. As required by Pa. R.C.P. 3l29.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3l29.2(c) on each of the persons or partit:s named, at that address set forth on the attached Affidavit No.2 (previously filed) and Amended Affidavit No, 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice, DANIEL SC Attorney for Plaint! QUIRE ~ August 3, 2005 CUMBERLAND COUNTY CHASE MORTGAGE COMPANY-WEST, FIKlA MELLON MORTGAGE No.: 04-780-CIVIL COMPANY VS. DONNA L. HENRY AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.2) Plaintiff in the above action, by its attorney, DAJ:\rIEL SCHMIEG, Esquire, sets forth as of the date the Praecipe for the Writ of Execution was filled the following information concerning the real property located at 2237 ASPEN PLACE, MECHANICSBURG, PA 17055: 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) BOSCOV'S DEPARTMENT STORE INe. P,O, BOX 4274 READING, PA 19606-0674 4, Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. \... ~ ~~CHMIEJKE~UIRE Attorney for Plain~ August 3, 2005 CHASE MORTGAGE COMPANY-WEST, FfKfA MELLON MORTGAGE COMPANY CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLK\S v. CIVI]~ DIVISION DONNA L. HENRY NO.04-780-CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) CHASE MORTGAGE COMPANY-WEST. FIKlA MELLON MORTGAGE COMl'j~Y, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofth" . late the Praecipe for the Writ of Execution was filed the following infomlation concerning the Ic'd I :" operty located at 2237 ASPEN PLACE. MECHANICSBURG. PA 17055. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascel1:ained, please indicate) DONNA L. HENRY 2237 ASPEN ]~LACE MECHANICSBURG, PA 17055 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,,,, ".11 the real property to be sold: Name Last Known Address (if address can",,' reasonably ascertained, please indic:H None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Ad.dress (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 asc~:rtained, 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, Name Last Known Address (if address cannot be reasonably ascl:rtained, please indicate) None 7. Name and address of every other person of whom the plaintififhas 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 2237 ASPEN PLACE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, F'A 17105 I verify that the statements made in this affidavit are true and correct to the best. ., 'J personal knowledge or information and belief. I understand that false statements herein are made ",bject to the penalties ofl8 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities. March 28. 2005 DATE ~& j(..L",~ DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff o>~ ....~a Cf; '"'t ttl ::I ~ ! o.{t}a. ~ ""'3 H H ~ z ~ g ;;' ~ l ~ '" ci''''~~ ';::;.::'il-dt"" ~~~> "g.sz .;j \:l ::p ~:n~~ <", ~ & t" >Sll'Z ::CG~> b~g..Z 'f%,~~ ;;~s:010 ...." '" "'"<v>'f) aor~ < g V>'" ~. 9 .... t" ~ t- o '" -g vI (j-, cr ~. ~ 'it 0: 8~ \E: S. g _ '~i6 ~ - ~. " ~ - . ~ .....~...g. e. Cl-g...~o ~~ ~~; N3~~_ ~n~i "'.~ ~~ - h1~~ g'~ g..t nV~~ i "'~ \ ~ O:l ',1~~H -l dgg ~ '~\l'. ~ \hi N ..' .. p.~ ~.~ .. - c. ~~.gt ~'i g. .. a... H&* .ggaa. gJ!'~! !La c..; ~.~ g w \tH , R ~ ~ "'~ . 3 '{~~ h...~ g., 9" ~~8~ "'&11;- f"H ~ 161-\16502229 o 0 $00,90_ '2005 08102, 19103 """,d fr.STAGE US PO {.j""'"", \<"<~f /.~"'\"\\ ! ;; ',' '. l-'.' ,~., \"':'3~' ',:31 ',~ , . O>Z ........., oo....e " ... " = ~ $l) ...."'= ~ .... t" ~>-l V> ... V' '" - ~. ,'0 - - - - - -0 00 -.J a, ~E - '" - 0 . z V> ... V' i"l ~ ~" "'0 n ~ - 'fI CD ~ Z t: 3 C" .. ... ~ \ ~ z cil . ~. tJ ~ - ~;l g. g E 0 ~ .. [z 2 tI1 ,. "d ~ ~ ~~ ~ or. -- n , . J>' , ~" r 0 ~ ~g, () ~ ." O::;! ~ ~ ~ i ;l> ~~ - <- '" ~ ::l . - 0 ~ ~ ~ .. , '" 'd rf> ~ '" tI1 ~ 0 V' [;l -.J 2 ~ ~ . ,. ~ ~ ",.. '" ~ II ,ija f;)1 i oi ... . '" ~ ~ e,~ ~ a' z tJ ~ ~ ~ n 0 ~ ~ i ~ 3: ~ " ~ fA ~ - V' I:Jj 0 a ~~Ht ~ .." 88-'" ~ ~ ",~a8!1; :=lnSa2" '" q~~- -- ~ il.-.g Q. ~ - (Jl:3 ....0 c. -.J lSa2,6~ ~ 0 -_.t;:;' ~ V> 'd ~ O'ag~~ 0 , . . ~g ~ g I:Jj e'Q' ~ U;' ~ ~ ~'i\ 1\ g:" ~l~~l '" ~ -., ~ ~ ~ .'"' 8 !ii' ~ g "" <~ g 9 tv. ::l ~ ~ ~itii .., O'~~ ~ " Q. ~ rf> a .tr'l... gs ~Hg. F1 a -. <II 5i '" ~ '" ~p:~ -- !Jg ~g '" - r' _. g -.J ~~~~ -- 0 a " - - ~*a'll -.J V' - S'..~. 0 %8 " o'[1151 i ~i ~ '" .O~' n8it ~n~. :~~ I : z: ~~..,-. :':) ~ffTNl:V tl:;;~ i 02 1A $ 00. ~~t . : 0004300377 MAR 30 .9 g.a~-. : MAILED FROM ZIP CODE 1 p" [ 1\~ - I.l~ J J \ \ \ i - ' -0'" o,::3::I: -"t'l1 --'",r< ~g~ "<jot? ~~~ " "I r< g~z o~~~ v.>o:l~ -ol'i~ ~*"[t3 <"'00 ~a.itO . ='~ "'-UJg ~ S. ..." 0 " . .g~ r' "0 r< ., "<:I - - 8OW<' 900 2005 9103 2 "" ~\.~;\ {'\'l..r, -;J' ..",:.. -:"71:.. '(?).L :::.-::".-'.. r:'L. <::., ~(j) -\:- -p -' :t ~ ~ <z;, ~ ~ :rs?q \P !~~ :l'" .~~ ':$. Q - ::'\ --;:' JP <.J1 ;:zc roo:> 1. Plaintiff is CHASE MORTGAGE COMPANY-WEST, F/KI A MELLON MORTGAGE COMPANY 3415 VISION DRNE COLUMBUS,OH 43219 2. The name(s) and last known addressees) of the Defendant(s) are: DONNAL. HENRY 2237 ASPEN PLACE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/29/1996 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PENNSYLVANIA STATE BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No, 1311, Page 435, By Assignment of Mortgage recorded 1/2/98 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 565, Page 718, 4, The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2003 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 #: 88566 6. The following amounts are due on the mortgage: Principal Balance Interest 10/0 1/2003 through 02/20/2004 (Per Diem $16.40) Attorney's Fees Cumulative Late Charges 03/29/1996 to 02/20/2004 Cost of Suit and Title Search Subtotal $71,665,80 2,345.20 1,225,00 88.59 $ 550,00 $ 75,874.59 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0,00 TOTAL $ 75,874.59 7, The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale, If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged, 8. Notice of Intention to Foreclose 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) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9, This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 75,874.59, together with interest from 02/20/2004 at the rate of$16.40 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale ofthe mortgaged property. FED~END PH~LA~N L1iILLP 1 ' ///1'/11" y" ~ By: . s nfiftis'SC1iatli FRANK DERMAN, ESQUIRE LA WRE CE T PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 88566 ). ./ ,"'-0' ..~'tJfl' ~ ~.C~:-:r,i::l ZI:.CLt:i ::::::COiWt:it Or D::t.DS :,'J/.tSE;;Lt.:;9 COU:liY-?:. o 'go flPILZ PI'1 1,02 rSp.c..Abot<~ThifLineForR~PataJ MORTGAGE Loan 1D# PS960020 THIS MORTGAGE ("Security Instrument") is given on MARCH 29th. 199Y-- The mongagor is DONNA L. HENRY- (~BolTOwer'). 11U5 Security Instl11IIleJll is given to PENNSYLVANIA STATE BANV which IS organized and existmg under the laws of the State of PENNSYLVANIA and whose address is 2148 MARKET STREET, P.O. BOX 497 CAMP HILL. PA 11001 ("Lender"). Bonower owes Lender the pnnc:tpal sum of SEVENTY SEVEN THOUSAND SEVEN HUNDRSD AND XX/lOa /' Dollars (U S. S n, 700.00 /' ). nus debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Notc"), which provides for rDOnlhly payments, With the full debt, if nOI paid earher, due and payable on APRIL 1st. 2026 . This Security Instrument secures to Lender; (.) the repayment of the debt evidenced by tbe NOle, Wlrn imerest, and all renewals. extenSions and modifications of the Note; (b) the paymenl of all other sums, with inleresl, advanced under paragraph 110 protecl the security of thiS Secunty lnstnunem; and (c) the pcrfonnancc: of Borrower's covenants and agreemenU: under this Security Instrument and lhe Note. For this purpose, Borrower does hereby lIIOr1gage, grant and convey to ~ me followUlg described Property located In the City of MECHANIC5BURG, CtiMBE~ COUlli)', Pennsylvania: SEE ATTACHED which bas the addresS of 2237 ASPEN PLACE MEC'HANICSBt1R~ [City) ('Prop<ny Add.....); {Sired] Pennsylvania 17055 [ZlpCocie) TOGETHER Wrm aU the improvements now or hereafter erected on the Propeny, md all easements, apputtenances, and fixtures now or bereafter a pan of the Property All repJacemenls and addlUons sball also be covered by lhiJ Secumy Instnunent. AU of the foregollg is rdem:d to in lhis Security Instrument as the "Propeny". PENNSYLVANIA"'"",. P_-F1<>WFIlLMC lJNlFORM INsrR""""T / I P~ 30'"'''' CLOPMCll.UHU{J /'Qg~lof6 11 A~5 OAJ~Corp. e\o~ 13 rAGt"J'V 11'} Loan ID# PE960020 BoaROWER COVENANTS that &rrower 15 lawfully seised of Ibc estate hereby conveyed and ha. the nghl to tnortgage, grail! and convey the Property and tbat tIte fTopc:rty 15 unettCUmbered, ~ for encumbrances of record. Borrower warrantS and wdl defend generally the otle to me Propeny agamst all claims and demands, subject to any enc.:wnbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants fot natIonal use and non-uniform covenants with limited variations by jurisdiction to oolUlilule a unifonn sewn!)' Instrument I;:Ovenng real Property, UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Paymeat ofPriDdpal and Interest; Prepayment and Lale Cbarges, Borrower shall promptly pay wben due the principal of and Ulterest on the debl evidenced by the Nole and any prepayment and late charges due uDder the NOle. 2. Funds for Taxes and lnsllf1lQCe. Subject to applu:able law or to a wntten w.I1ver by Lender, Borrower shall pay to lender on the day monthly payments are due under the NOIe, unlil the Note is p$d in full, a sum CFunds") for: (a) yearly taxes and assessments wbic.b may altain priorilY over this Stcurity Insuumenl as a hen on the Ptopeny; (b) yearly leasehold payrnedts or ground rents on the Property, If any; (c) yearly hazard or Property il1$urance premiums; (d) yearly flood insuranc:e prc:nuums, If any; (e) yearly mortgage Ul.Surance premiums. If any; and (t) any sums payable by Borrower to Lender, in accordance With the provisions ofparagrapb 8. mlicu oflhe paymenc of mongage insurance PrenU1IJD$. 1bese items are called -Escrow Items". Lender may, at any time, collett and hold Funds Ul .an amount DOl to exceed !be maximum amount a Lender for a federally related mortgage loan may reqUIre for Borrower's escrow accounl under !he federal Real eslate Sealement Proredures Act of 1974 as amended from lime to lime, 12 U,S.C. f 2601 eI seq. (-RESPA W). unless another law (hat applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not [0 exceed the lesser amount. lender may estimate !he amount of Funds due on the basis of currenl data and reasonable: eSllmates of expenditures of future Escrow Items or otheJ:wise in accordance with applicable law. Tht Funds shall be held in an instllUUOII whose deposits are msured by a federal agency, instrumentality, or entity (UlCludlng Lender. If Lender is such an institution) or 10 any Federal Home Loan Bank. Lender shall apply the Funds 10 pay the Esl:row Items. Lender may nol charge Borrower for holding and applying the Funds, annually analYZing !he esaow account, or venfying the Escrow (tems, unless Lender pays Borrower inlerest all Ihe Funds and apphcable law permits Lender to make such a charge. However, Lender may require Borrower [0 pay a one-time charge for an mdependent real eslale tax reponing semce used by Lender in connection wilb Ibis loan, unless appli<:able law provides otherwise. Unless an agreellJeClt is made or applicable law reqUires mlerest to be paid, Lender shall nOI be required to pay &nTQwer any interest or earnings on the Funds. Borrower and Lender may agree In wming, however, that interest shall be paid on me Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, shOWing credlts.md debits to the Funds.and the purpose for which each debit to the Funds was tnade. The Funds art pledged as lldditional security for all sums secured by Ibis Secunty Inslrument. Iflhe Funds held by Lender exceed the amounts pemutled to be held by applIcable law, Lender shall account to Borrower for [he exc:ess Funds in acwrda:u:e with the requlrerr.ents of apphCllble law. If the amount olme Funds held by Lender at any lime is not wfficient to pay the Escrow Ilems when due, Lender may so notify Borrower in wnling, and, in such case Borrower shall pay to l.e!ider the amount necessary to make up Ibe deficiency. Borrower shall znake up [he: deficiency III no more !ban Iwelve monthly payments, at Lender's sole discretion. Upon paymenl in (ull of all sums secured by thIS Secunty lnstntment, UJider $hall promptly refund to Borrower any Funds held by Lender. If under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acqulsilion or sale of the Property, shall apply any Funds held by Lender a! the time of acquisition or sale as a credit againsl the sums secured by this Secunty Instrument. 3. Application of Payments. Unless applicable law proVIdes otherwise, all payments received by Lender under paragrliph.s I and 2 wall be applied: first, to any prepayment charges due under the NOle; second. 10 amoUJ1lS payable under paragraph 2. third, to inteccsl duej fourth, 10 principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges rlllcs and impositions attributable to the Property whtcb may attain pnonly over this Security Instrument, and leasehold paymencs or ground tents, If any Borrower shall pay thest obligations ill the manner provided in paragraph 2, or if not paid 111 thai manner, Borrower shall pay them on time d~ly 10 the person owed paytnent. Borrower shall promptly furmsh [0 Lend~r all notices of amounts to be paid under this paragraph. If Borrower makes these payments dIrectly, Borrower shall promptly furtush to Lender rteeipts evidencing the paymcnlJ. Borrower shall promptly dlschargt: any hen which has priori!)' over this Security Insuument unless Borrower' (a) agrees in wnting to the paymenl oftbe obligatwn secured by the hen III a manner acceptable 10 Lender; (b) conlesls in good faith the Uen by, or defends asaillStenforceme.u1 of the lieJllD, legal proceedmgs which in the Lender's optDIOn oper.ite to prevent the enforcement of the lien; or (c) secures from the holder of !he lien an agreement satisfactory to Lender subordinating the lien to thIS Security Instrumenl. If Lender detemunes that: any pan or the Propeny IS subject ro a Jien. which may attain priority over this Security InsU'llmeDt, Lender may give Borrower a notice ldentlfymg the hen. Borrower shall satiSfy the lien or take one or more of the actions set forth above within 10 d3yll of the givlllg'of notice. 5. IIatard or Property 1nsunutCf:. Borrower shall keep the improvements now existing or hereafter erected en the Property insured agamst loss by fire. hatard.s iocluded within the lerm '"extcnded coverageW and any other hazards, Includutg floods or flooding, for wbich Lender mJUIlCS insurance:. This insurance sh3ll be nwnlaioed in thc amounlS and for the periods lhat Lender requires. The insurance carrier providing the insllfanCC shall be chosen by BOlT()wer subject: 10 Lender's approval whtcb. shall IlOI: be unreasonably wilbheld. If Borrower fails to ntainUun Coverage descnbed above. Lender may, at Lender's option, obtain coverage to proted Lender's nghts in the Property tn accordance with paragraph 7 AU insurance policies and renewals shaIJ be acceptable to Lender and shall include a standard mortgage clause, Lcodet shall have the righl to hold the policies and renewals. If Lender requires. Borrower shall promptly give 10 PHNNSYLVANIA-SllIfle Fundy-liMoWllltLMc UNIFORM: 1N.sTlt1JMF.NT U 4":5 Forra 3Im,19Il CLOPA,A82.lIt4U13 /'Qge2"f6e~cK13 PAGE v OAllIaDCStrYkefCOrp. Loan ID# PE960020 Lender fl1 nlCciplS of paid premiums and reoewaI notices. 1rI the: eveflt of 10$8. Borrower shall gm:. prompt DOtice 10 the -insurance carrier and l...ender. Lender may make proof of loss if not made promptly by BorroWeT. Unless Leoder and Borrower otherwise agree in Writing, iItsurance proceeds shall be applied to resloration or repair of the Property damaged. if the resloration or repllr" cconoPllC3lly feasible and Lender's secant)' is nOl lessened. If the restoralion or ~air is not economically feasible or Lender's security wollld be I~ed, the insut:ancc proceeds shall be applied to the $OllIS secured by this Securtty InstrWncllt, wbed1ecor nor then due, wilh any excess paid to Borrower. If Borrower abandons tbe ~, or does not answer within 30 days a notice from Lender that the lDSurance carner has offered to settJe a claim, then Lender may collc:ct the wuram;e procctds. Lender may use the proceeds to repa1r 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 UDder and Borrower ntherwLSe agree in writing, any applicatinn of proceeds 10 pnncipal shall not extend or postpone lbe 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 Property is acquued by Lender, Borrower's righllo any Insurance policlcs and proceeds resulung from damage 10 the Property prior to the acquisition shaIl pass 10 Leader to rbe extent of the sums secured by this Security Instrument immediately prior to the acquisiLion. 6. Occupancy, Preservation, Malutenance 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 Secmtty [nstrument and shall contmue to occupy lbe Propeny as Borrower's prulcipal residence for At leasl one year after the date of occupancy, unless Lender otheiWI5e agrees in wnling, which consenl shall not be unreasonably withheld, or unless extenuatwg cU'CUttlStances exist which are beyond Borrower's control. Borrower shall nol destroy, damage or impair the Property,allow the Property to deteriorale, or commit waste on the Property_ Borrower shall be in default if any forfeiture action or proceeding, whed1er ciVil or criminal, is begun thal in Lender's good faith Judgment could result in forfeiture of me Property or otherwise matenally Imp:ur the lien created by this Security Instrumepl or Lender's secunty interest. Borrower may cure such a default and n:mstate, as provided in paragraph 18, by causing the action or proceeding 10 be dismissed with a ruling that, m Lender's good f3J1It detenninatlon, precludes forfeiture of the Borrower's Illlerest in the Property or other matenal impainne.nl of the lien created by this Securuy Instrwnent or Lender's security interest. Borrower shall also be In default if Borrower, during the loan applicatIOn process, gave materially false or inaccurate infonnatioD or statements 10 Lender (or failed to provide Lender With any matenal infonnation) in conJ1(:CtlOn with the loan evidenced by the NOle, iJlC(udmg, but not lilPued la, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument IS on a leasehold, Borrower shall comply with the prOVisions of the lease. If Borrower acquires fee tllle to the Propeny, the leasehold aJld the fee tide shall not merge unless Lender agrees 10 the merger in writing 7. Protection of Lender's Rights hi the Property, If Borrower fails 10 perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding thai may significantly affectl.ender's rights in the Property (such as a proceedmg in banJauplCY, probate, for condemnation or forfeilUre or to enforce laws or regulations), then Lendet may do and pay for wbatever is ne<<ssary to prolect the value of the Property and lender's rights In the Property. Lender's aclions may include paYing any sums secured by a lien which has prioril}' over thiS Security InstrUmenl, appeanng in court, paymg reasonable allomeys' fees and enLenng on the Prcperty to make repairs. Although Lender may lake action under this paragraph 1, Lender does not have to do so. Any amounts disbursed by Lender under tins paragraph 7 shall become additIonal deb! of Borrower secured by rbis Security lnstrument. Unless Borrower and Lender agree: 10 other tenns of payment, these amounts shall bear interest from the dale of dtsbursentent at the Nole rate and shall be payable, wllh interesl, upon notice from Lender 10 Borrower requesting payment. 8, Mortgage Insul'llllce. If Lender required mortgage Insurance as a CQnthl10n of making the loan secured by this Security InstlUment, Borrower sha1I pay the premiums required to maintain rbe mortgage insurance in effect. If, for any reason, the lDortgage insuraJtCe coverage reqUIred by Lender lapses or ceases to be in effect, Borrower shail pay the prennulDS required to obtain coverage substantially equivalent to the mortgage 1DSW'aJlce previously in effect, at a cost substantially equivalent 10 the cost 10 Borrower of the mortgage insurance preVIOusly to effect, from an allernate {DOrtgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is nOI available, Borrower shAll pay to Lender each month a sum equal to one twelfth of the yearly mortgage Insurance: pn:mium being paid by Borrower when the insurancc coverage lapsed or ceased to be in effect. Lender will accept. use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be reqUited, at the optIOn of Lender, If mortgage insurance coverage (in thc amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and IS oblained. Borrower sball pay the premiUD1S reqUired 10 nWnlaln mortgage tI1Surance in effea, or to provide a loss ~, UlItlI the rtquireme.nt (or mortgage insurance ends in accordance with any written agreement bttwecn Borrower and Lender or llpphcable law. 9. Inspedlon, l..endCr or its agent may make reaJOnable entries upon inspections of the Property. Lender sball glve Borrower notice at the time of or prior 10 lID iIlSpectton spa:1fying reasonable cause for the inspection. JO. Condemnation. The proceeds of any award or chum for damages, direct or consequential. in connecuon with any condemnation or other taking of any part of the Property, or (or conveyance in heu of condemnation, ilre hereby assigned and shall be plUd to Lender. In the eveot of a total tabng of the Property, the proceeds shall be applied to the SUIl15 secured by this Security 1nstIUmenl, whether or not then due, wltb any excess paid to Borrower. In the event of a panJaI takmg of the Propeny in which the fair market value of the Property unmediately before the taking is equal to or greater than the amount of the sums secured by this Security Insttumcat ilD.lIlCdiately before the taking, UIlless Borrower and Lender otherwise agree U1 writing, the sums secured by this Security Instnunent shall be redoced by the amount of the proceeds multiplied by the following rraction: (a) the total amount oflhe SWIll secured immediately before the taktng. dIVided by (b) the fair markel value of the Propeny IInmediately before the I3king. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the f.ut market value of the fn)perty ilPmcdiateiy before the taking IS less tb3l1 the amount of the sums secured immedwely before the takmg, unless Borrower and Lender otherwise agree 1D wnung or unless applicable law othelWisc provides, the proceeds shall be applied to the SlIms secured by thiS Security Instrwnenl whether or nor the sums are then due. CLOPM03-U04UU ""dt!16d311PAG~ 437 0...........__. Loan ro# P8960020 Jf the Property is abandoned by Borrower, or if, after notice by Lender to Borrower chat the condemnor offers to m.aJc:e an award or settle a claim for damag;es, Borrower faLls to rcapond to Lender within 30 days atl:er the date the notice is given, Lender is aulhorized to collect and apply the proceeds, at its optlOD., either to restoration or repair of Ihe Property or to the sums secured by thiS Security InstJUmenI, whether or nol then due. Unless Lender and Borrower otbetwise agree in wriling, any application of proceeds to pnncipal shall not extend or postpone the due date of the monthly paYJflCJlts ~ferrod to in paragrapbs I and 2 or change the amount of such payments. Il. Borrowa' Not Released; ForbeanuK:e By Leoda- Not a Waiver. Extension of die rime: fQr payment or mOlhfication of amortization of the sums secured by this Security IllSIrumenr granted by Lender to any successor in interest of Borrower shall not operate to release the habllity of the ongutal Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings againsr any successor in lnteRsI: or refuse to extend time for payment or otherwise modify amonizatian of the sums secured by thiS Secunt)' Instrument by reason of any demand made by tbe origmal Borrower or Borrower's successors in Interest. Any forbearance by Lender In exm:ising any ngbt or remedy shall nol be a Wilver of or prtelude the exercisc of any right or Itmedy. 12. S\lC<<SSOl'S and AssIgns Bound; Joint and Several Liability; Co-signen. The covenantS and agreemenCl of thi~ Security InstrUment shall buld and benefit the SlJC(:CSsors and assigns of Lender and Borrower, subject to the provisions of paragraph J7. Borrower's covenanEli and agreemenCl sball be Joint and several. Any Borrower who co-signs this Security Instrument but does not execute the: Note: (a) is co-signing this Security Instrument only to mortgage, granl and oonvcy that Borrower's in(erest in the Property under the tc:mJ$ of this Security Instrument; (b) is oot personally obligated to pay the sums secured by this Security Instrument; and (c) agrees: IhaI I...ender and lUly odJcr Borrower may agree to e;uend, modify, forbear or make any accommodations With regard 10 the terms of this Secunty Instrument or the Note without that Borrower's consent. 13. Loan Charges. IE the loan secured by thiS 5e(urity Insrnunenr IS subject to a law which sets maximum loan charges, and that law is finally lUrerprcted so that the interest or other loan charges rollected or to be collected in connection With the loan exceed ihe pernutted hmits, men: (a) any such lOan charge shall be reduced by the amount necessat}' to reduce the charge 10 the pemulled limit; and (b) any sums already collected from Borrower whlclt exceed permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the pnncipal owed under the Note or by making a direct payment 10 Borrower. If a refund reduces pnncipal, the reduction will be treated as a partial prepaymenl without aoy prepayment charge under the NOle. 14. Notices. Any notice to BofTower provided for in Ibis Security Instrumenl shall be given by dehvenng it or by mailing II by firsl class mail unless applicable law requires use of Mother method. The notice sball be direcled to the Property Address or ally other address Borrower designales by notice to Lender. Any notice to Lender shall be given by first class mail 10 Lender's address stated bereln or MY other address Lender designates by notice 10 Borrower. Any notice provided for in this Securicy Instrument shall be deemed to bave been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. TIus Securily Instrument shall be governed by federal law and the law ofllie jurisdiction in which the Property is 10ClUtd. In the event that any proVision or clause of this Security Inslrumenl or the Note conflicts with applicable law, such conflict sballnot affect other provisions of this Security Instrument or the Note wbich can be given effect without the conflicting proVision. To flus end the provisions of thiS Secunty Instrument and the Note are declared 10 be scverable. 16. BolTOwer's Copy. Borrower shall be given one conformed copy oflbe NOle and of Ibis Secunty Instrument 17. Transrer of the Property or a Beneficial Interest In BOlTOwer. If all or any part ollbe Property or any interest in it is sold or transferred (or if a belJCficial interest in Borrower is sold or Iransferred and Borrower is nol a natural person) without Lender's pnor wrJlten consent, Lender may, at lis option, require immediate payment in full of all sums secured by this Scamty Instrument. However, tIus option shall not be exercised by Lender tf exercise IS prohibited by feclerallaw as of the date of this Security Instrument. If Lender exerclSCS thiS option, Lender shall give Borrower nonce of acceleration. The notice shall proVide a penod of not less than 30 days from the date dle notice IS delivered or nw.led Within whtcb Borrower must pay all sums secured by 1111s Secunty Inscnunenl. If Borrower fails 10 pay these sums pelor to the ~piration oElhis period, Lender may invoke any remedies permitted by this Security Instrument WIthout fumer notice or demand On Borrower. 18. Borrower's RIght to Reinstate. If Borrower meets certain conditions, Borrower shall iw'e the right to have eufon:ement of thIS Secunty Instrument discontinued at any time prior (() the earher of: (a) S days (or such olh.er period as appbcable Jaw may specify for reinstatement) before sale of the Property pursuant 10 any power ofsalecoo.tatned in this Secunty Instrorncnt; or (b) eotry of ajudgemc:nl enforcing this S<<:unty Instrument. Those COndlltons are that Borrower: (a) pays I..eDder all sums whIch then would be due under th.i.s Securicy Instrument and. the Note as if no acceleration occum:d; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing thiS Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such acllon as leJider may ~nably require to assure that the lien of this Security Instnunent, Lender's rights m Ibe Property and Borrower's obligalion to pay the sums sewred by tho Security Instrument sball continue unchanged Upon reinstatement by BotTOwtr, this Socunty Instrument and the obligatioll5 secured bcrcby shall remain fuUy effective as tf no acceIeratiOll. had occurred. However, this nght to remslatc shall not apply in the case of acceleration under parllgraph 17. 19. Sale of Note; Change or IAan Sttvicer. The Note or apartiaI interest in the Note (together Wttb this Sccunty Inslt1UDCnt) may be sold one or lOOn: times without pnor notice to Borrower. A sale may result in a change In the etttity (known as the -Loan ServlCer") dtat collects mothly payments due under the Note and this Security Ir1strunteDl. There also may be one or more changes of the Loan Servlcer unrelated to a sale of the Nott. Iftbcn:. is a change of the Loan SerYJCCf, Borrower will be given writteIl o.olice of the change in accordance with paragraph 14 abo\'e and applicable law. De notice will Slate the name and address of the new Loan Servicer and the address ro wbich paymetlts should be made. The notIa: will also conlain any other information reqUIred by apphcable law CLO.....,"""13 1"'1 '''0''''''0>1' I!JOK oJ'" I'AG~ ":100 OAI BaacSert'ka Ql.rp. Loan ID# PB960020 20. Hazardous SuhstalltCS. Borrower sball not cause or petIDlt the p~, use, dlSpoW, storage, or release of any HuanJous SubstanceS OR or in the Property. Borrower' shall not do, nor allow anyone dse to do. allY thing affecting the Property that is in violation of any Environmeatal Law. The preudiog two sentenees sball DO( apply to the presence, use, or Motage on the Property of smalll)uantlties of Hazardous Substances that are generally recognized 10 be appropriate to QOrmal residential uses and to mainleDaDCC of the Property. Bonower shall promptly give Lender wriuen notice of any mvestigal:lotI, claim. demand, lawsuit or olhcr action by any governmental or regulatOry agency or private pany involving the Property and any Hazardous Substance or EnvirorunentaJ Law of wtllm Borrower has ac1UllIlmowledge. If Borrower learns, or iJ notified by any governmental or regulatory aulbont)', that any removal or other mnediation of any Hazardous Substance affecting the Property IS llecessaIy. Borrower 9ba.l1 promptly lake all necessary remedial actions in accordanc:e wim Environmental Law AI used in this pmgraph 20, .Hazardous Substances" are those substances defined as to)tIC or hazardous substanCeS by Environmental Law and thc following substanCes: gasoline, kerosene, other flammable or tOXIC petroleum products, tOXIC pestiCIdes and herbiCIdes, volatile solvents, materials containing asbestos or formaldehyde, and radloacitvc: materials. As used in this paragraph 20, -Environmental Law. Jnead$ federal laws artd laws of thc jurisdiction wbere the Propcny IS located tbat relate to bcaJili, wety, or environmental prottdlOIl. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as (allows: 21. Accek:ration; Remedies, Lender shall give notice to BorTowet prior' to a<<elenltlon following Borrower's breach or any covenant or agreement In tbis Security Instrument (but not prior to a<<:eIeratfon under' paragraph 17 unless appUcable law provides otherwise). Lender sbaD notify Borrower or, among other things: (_) the default;; (b) the action required to au-e the dcl'ault; (e) when tbe default must be cured; and (d) chat fallu~ CO cure the default as specified dlay result In acceleration of Che sums secured by this Security Instrument, for-edosure by Judicial proceeding and sale of tbe Property. Lender shaD furtber fofonn Borrower- of the ngbt to reinstate at'ler acceleration and the n&ht to assert in the foreclosure proceediDg the non-uistcnce or a default or auy other defense of Borruwer to ac:ee.IenatiOD and foreclosun. If the default is not cured as speclned, Lender at Its option dlay require ilJUdediate payment in rull of all SUdlS secured: by this Security Instrument wJthout further demand and may foreclose this Security Instrument. by JOOidJll proceeding. Lender- shall be entitled to wiled: all expenses Incurred in pursuing tbe remedies provided in tbls paragraph 21, Indudlng, but not limited to., attorneys' fees and costs of title evIdence to tbe extent pennitted by applicable law. 22. Release. Upon payment of all SUl11S secured by this Security Insfrument, this Security Instrument and the eslate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrumenl withoul charge to Borrower, Borrower sball pay any recoIdation costs. 23. Waivers. Borrowcr, 10 the extent penmtted by applicable law, waives and release any error at defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any presenl or future laws providing fot stay of exC(:UtJon, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's timc 10 reinstate proVided In paragraph 18 shall elltend to one bour prior to the conunencement of bidding al a shcnffs sale or other sale pucsua.nt to this Secunty Instrumenc. 25. Purchase Money Mortgage. If any of the debt secured by this Security Inslrumellt IS lent to BOmlwet [0 acquire title 10 the Property, this Security Instrument sball be a purchase money mortgagc. 26. InteRSt Rate After Judgement. Borrower agrees that the intcrest rale payable after aJudgemc.nlls entered on the Note, or lR an action of mortgagc foreclosure shall be the ralc payable (rom tllne [0 tune uDder the Note. 27. Riders to tbls Security Instruml!lll. If aile or morc riders m executed by Borrower and recorded togethcr with thiS Security Instrl.lmeot, the covenants and agreemeJlts of each sucb rider shall be IncorpOrated intO and shall aJJIelId and supplement the covenants and agreements of this Security InstrUment as if the rider(s) were a part of this Secunty Instrumcnl. (Check applicable box(es)] o Adjustable Rate Rider o Graduated Payment Rtdcc o Balloon Rider o V.A. RideI' I!I Condominium Rider o Planned Umt Dcvelopmetlt Rider o Rate Improvement Rider o Oth<~,) ["",,'fyl o 14 Family RIder o Biweekly Paymcut Rider o ~nd Home Rider By SIGNING BELOW. Borrower accepts and agues to the tcmlS and COVCCWIls contained 10 this Secunty lnsttumtnl and in any rider(s) executed by Borrower and recorded with it. WitnesseS: VtJ1>>.j/'1J,~ ~y)f- <-~:rr!-, ,.... -Borrower '''''' -Bom>wcr e,,~1311rAGE 439 ,.... -Borrower CLOPAAOS - tJ9.4UlJ J'agdoj6 QAIBaacSeI'1'kesCorp. 1s,.c.1e.....11dI:UaeFwAc~~1 Loan ID# PE960020 STATEOFI'ENNSYL~ANIA ~ } C SS: COUNTY OF On this, dle~9th DONNA L. HENRY day of MARCH ,1996 , before me, the undersigned officer. personally appeared known to me (or satisfactorily proven) co be the penons whose name s ARB subscribed to Ute within msfroment and acknowledged that THEY executed the same for the purpose herein contamed....., I IN THE WITNESS WHEREOF, I hereunto." my hand anti offi,,~ ,031. .",,:...,;t~~4t ~ ~"....y...nn"{J'~X'" /1 ,'.' ,,\ -:' .... /)~/.... /V . I I"~-:'~G"'-;'" ;JFt :,~i"';':2:;;'.~. ~1'f!.;YtJ~.p':).: ~/ r:.~ . .. ,:L~'i".,,_~....:..S/;: f . dA,.t:~"...~ ':,.....r >J ..'1 / ....> ., ~ J ' ~(>"/f...q.G,..."'. --..it'" -.....,. "~"-,.' ~;."tll'" "'1ft . J .' p ';(-'";' My commission CXPlI'd: NOTAAlAl SEAL ViCKIE R. waJ<ER. Nc*IY PublIc CmnpHllBomuoIl.Currt*fBndOl:t. M'I commlAl<ll'l ExDns. M-raI\ 4. ,. e~od31hGE 440 CLOPAA06~'W4U13 l'tJt"6of6 OAlIJanc:Senbtc..p. JILT. TIU\.T CCRTAIN tr"-ct of land .ituat.. in th.. Town..hip of Upper .F.ll,'n, Couuty of CUloberJ.l\nd, and CUlUlUoll'wealt.b or. Pennoylvani.a, b"!'in~" mora p~rticulerly dc~cribed as: \1t1.\..... 1 '2 ~);: i\ol'lt:-n P1D.ce CondolDinlluJD, tJ12 DoO~ilro.tion ~or which condc.mtniuP\ ar.o found in the offioe of the RooordQ~ of Oeeda i.n and 1:0'1: cumb<:"::land County.. Pennsylvania, 11'1 Hio:collanoouD Book 295 at p."\qe ".In.. ' I INC/.UllltlG sel"'Cl".::o ownership in th.. Crt.nte.... beeof i., the dcsiguilte'1 commona~CQ of aoid condominium as set ~orth in th~ atoresaid df?clara'tiona:. 1 THE alorc~o.id u."tt is known and. municipally nunmei.-cd as 2237 Aspen Place, i.l(~clt.':1ni.c3bur9, FA. , I : UNDER ~NO SUBJEC~, ncvDrchelor.s, to all covenants; ~4sem~nts, riqht3 Q.e ,o(ay end conditions of record.; l HH1~10 th~ siUlIe [Jreiflises ...'hleh Vonna L~ H€:nry, Mort.S;:Jqor,. by De-ad from Iv~n D. &A~q~, to he recorded in tbe Office of th~ Record~r of Oeed~ in and Lor Cwube,l:land County, P..nnsylv;mi.... ' PREMISES BEING: 2237 ASPEN PLACE. VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. c. S. See, 4904 relating to unsworn falsifications to authorities. q~ ~7J)L Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: 2/2(J-{)U( ..6;)~ .-C:. .--J ~ ----. C> L]-J .,.}.J J-l U- C" 1)' u (J-., '-" C' ;J c;=::::> (\ cF lJ, l..J'. cJ '-.J' c:' po...,.., '.-'j , .." ;':' c,:) ;,) C_) r~,? U1 (r. .----... U)\ t_.':: ~Tl .-, 'C. i ; ~ ,_- :~~i ~::j . :;J , , :-,;, SHERIFF'S RETURN - REGULAR CASE NO: 2004-00780 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY-WEST VS HENRY DONNA L CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HENRY DONNA L the DEFENDANT , at 1020:00 HOURS, on the 25th day of February, 2004 at 2237 ASPEN PLACE MECHANICSBURG, PA 17055 DONNA L HENRY by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.90 .00 10.00 .00 34.90 Sworn and Subscribed to before me this :l....A... day of ~,Mo'f A.D. 0~;;teno~'~ So Answers: ,f'--g&::~~,":;,:: ~ R. Thomas Kline 02/26/2004 FEDERMAN & PEHLAN BY:~~ .~~ ~~ ~y S~~ FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MORTGAGE COMPANY-WEST, F/KJA MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-780-CIVIL DONNA L. HENRY Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against DONNA L. HENRY. Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises. and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 2/21/04 to 3/30/04 TOTAL $75,874.59 $639.60 $76,514.19 I hereby certify that (I) the addresses ofthe Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. " 1\.0 f1 }2j dumJQ~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT9?' ':J t ~ DATE: (Yl'rl,ut.......30, OJ..od{ (~J I<.T~ . PRO PROTHY :::tntV 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 A TIORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (?1 'i) 'i1i1-7000 CHASE MORTGAGE COMPANY-WEST. FIKIA : COURT OF COMMON PLEAS MELLON MORTGAGE COMPANY Plaintiff : CML DMSION Vs, : CUMBERLAND COUNTY DONNA L. HENRY : NO. 04-780-CML Defendants TO: DONNA L. HENRY 2237 ASPEN PLACE MECHANICSBURG, PA 17055 FILE ~:~y DATE OF NOTICE: MARCH lR, 20114 TillS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATIEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TIIAT PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT 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 WRlTIEN 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 MAYBE 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 MAYBE 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 ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, PAl 70 13 (717) 249-3166 7-~~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2004-00780 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY-WEST VS HENRY DONNA L CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HENRY DONNA L the DEFENDANT , at 1020:00 HOURS, on the 25th day of February, 2004 at 2237 ASPEN PLACE MECHANICSBURG, PA 17055 by handing to DONNA L HENRY a true and attested copy of COMPLAINT -MORT FORE together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.90 .00 10.00 .00 34.90 So Answers: ,r"""'J;][:;~~',:,,>.:: ,/~ ., R. Thomas Kline day of 02/26/2004 FEDERMAN & PEHLAN --- ~ ,-- By: ---;- - -: ~444;( . ~ - Dj#uty Sher:jof'f . Sworn and Subscribed to before me this A.D. Prothonotary t A.) r.J .co. il 'rL ....c 8 - F ~ w ~ ('') c., 0 ~') C' c~ -.1 ..c:: .s:" ..0 :;t: -, ~ ~ :c~ W :,"" rn~ >~ 6" "<l -r"' r-n {:) (,'} :CJcr (;v C,) c-, K r :::;J~l); '-<.t:.. r,);Q ,:-<-_h~ .'- .~ .. ::'"-\ ;.~ i" -< FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PHILADELPHIA, P A 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE MORTGAGE COMPANY-WEST, FIKIA MELLON MORTGAGE COMPANY 3415 VISION DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO.04-780-CIVlL DONNA L. HENRY Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service ofthe United States or its Allies, or otherwise within the provisions ofthe Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DONNA L. HENRY is over 18 years of age and resides at, 2237 ASPEN PLACE, MECHANICSBURG, PA 17055. . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. J111N R.-kcu 11 1Y'U).rl.. , FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ...., Ci C) = C~ -n ~~ J;" ---l :JJ: :L" o!C;" nlp:;: ~ -am <....:' :o~ 0 0,_. ~:;j --r: -.1.-,1 ~: 0(') l _.c...'. .;,,=. tn- , ,-:;) c-" .. ..- _:_~J _e, N Request for Military Status Page 1 of I Department of Defense Manpower Data Center a Military Status Report .. Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940 <Last Name First Middle Begin Date I Active Duty Status HENRY Currently not on Active Military Duty, based on the Social Security Number and last name provided. MAR-23-200407:1O:38 I Servicel Agency 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 ofthe Military. p( 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 tosscra.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:llwww.drndc.osd.milludpdri/owalsscra.prc_Select 312312004 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CHASE MORTGAGE COMPANY-WEST, FfKlA MELLON MORTGAGE COMPANY Plaintiff, v. No.04-780-CIVIL DONNA L. HENRY Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $76,514.19 Interest from 3~ 1/04 to 9/8/04 (per diem -$12.58) $2,037.96 and Costs TOTAL $78,552.15 N'I..o.. rei FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. N ~ ::,1: .:.:. .Q :t: 'QQ ,"" \...L.1.~ ''bJ-t'i g c. '::)"" O~ ~uJ :.,.. LL- :.i- _ ~.,. j-. .:r -" lJ.- g; (..) o ...... z < ~~ 0 ... f;l;,... ... O~ :;;l ~~ f;;;l~ u ~~ ~~ ...<'" ~8 ~ f;;;l ~ ~Z f;l;,3 ~Z ~t5 z o i:: ~~ f;;;l ... .. O~ == ;~ u... .; ...< ~~ 0... t5~ .. < ~:, UZ ~ f;l;,5 ~~ 01:: f;l;, 0 Ou 0 f;;;l6 ~~ ...Z ~ ~O ~ ... 0"'< u 8;1 ~~ ~ f;;;l~ f;;;lf;;;l ~~ ~~ e~ ...u ~' ~~ :dJ= ~~ (J:. I. () '" '0 0 J >_ v 0'" VJ 0 ~I () . .....:. ~ Vi :)- ~ v '0 i;N') l::1 O"@ '01 E: ... ~;, >l) .~ 2~ c;, ]~ ~ ~) ,- ~ -1 - c!J.j - I \) 0 () l.1 C ct: . . -' -69- Y>,. - J-- lI'l lI'l <:> r- .... < ~ ~ = '" u ... ~ u f;;;l ~ r4' ~ s: Z !i: ~ r- .., .... .... in en >l) .t; ~ '0 >l) ~ en >l) .n ;>, S en ~ ~ Q. b ~ ""'--" A -I:: .'" 3 ;J1~ ()o.N)<] -- 0- f'"i:::,. ::;,...........-.J "1 ~ ~&cx ALL THAT CERTAIN tract of land .iluakl iD!he Towmhlp of Upper AUen, County of CumberIadd, and CommoJlweal!h of Pennsylvania, being lIIJIle particularly described as: UNIT 12 of Aspen Place COlII:Iomlnlum, lhe Dec1arBdon for whicll condominium are foWld in !be Office of the RClCQmer of Deeds in and for Cumberland Count)'. Pennsylvania, in Mi_llaneous BooIt 293 at Page 638. INCLUDING separate ownership in Ihe GI'3nIees hereof in tile designaled common area of said condominium as set forlh iD Ihe aforesaid dcclaraliolls. THE aforesaid unit is known and municipally runnIlered as 2237 Aopcn Place, MecI1aalcsbuta. PA. ~ITLB TO SAID PRBMISES IS VESTED IN DonlIlI L, Hemy by Deed from Ivan B. 1Carge, smgle man daIed 3/2911996 aod lcoorded 41211996 iD Deed Book 136 Page 1170. TAX PARCEL #42-Z9-24S4-111 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-780 Civil 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, Plaintiff (s) From DONNA L. HENRY (I) 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) Ifproperty of the defendant(s) not levied upon an subject to attachment is fOlmd 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, Amount Due $76,514.19 L.L. $.50 Interest FROM 3/31/04 TO 9/8/04 (PER DIEM - $12.58) - Arty's Cornm % Atty Paid $116.90 Plaintiff Paid Date: MARCH 30, 2004 Due Prothy Other Costs $2,037.96 AND COSTS $1.00 (Seal) CURTIS R. LONG ProthonotarY '-2.Y: ~"-,, P.7fd/A"r./ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBRUBAN STATION 1617JOHN F. KENNEDY BOULEVARD, SUITE 1400 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No, 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE MORTGAGE COMPANY-WEST, FIKJA MELLON MORTGAGE COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DMSION DONNA L. HENRY NO. 04-780-CIVIL Defendant(s). 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: o an FHA mortgage . r-) 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 unsworn falsification to authorities. ~1)f'L~,y -OIJ A.m{')R . FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ,., C"..:> c~ .x:- ::!: :~... >0 o -0 -, :1:_ rn-D , -nm :-::00 \::.:>1. .......rC) :~3} :,:?( ,) _jtn "v C> ',C" f~'.) :.0 .< CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION DONNA L. HENRY NO.04-780-CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) CHASE MORTGAGE COMPANY-WEST, FIKlA MELLON MORTGAGE COMPANY, 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 at, 2237 ASPEN PLACE, MECHANICSBURG. P A 17055. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DONNA L. HENRY 2237 ASPEN PLACE MECHANICSBURG, PA 17055 2, Name and address ofDefendant(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 oflast recorded holder of every mortgage ofrecord: Name Last Known 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7, Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 2237 ASPEN PLACE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 29. 2004 DATE ~ fi~ 4erUAN'X~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff .:) c "-' C~ c:,;:;:a ,,-- :?" ....... ;;;0 L~) o o ~n ::;:I fii fIJ ~39 _.--4C> :r: :p i~~~ ~-~; ~D -< .,.... "" CHASE MORTGAGE COMPANY-WEST, F/KJA MELLON MORTGAGE COMPANY Plaintiff, CUMBERLAND COUNTY No.04-780-CIVIL v. DONNA L. HENRY Defendant(s). March 29, 2004 TO: DONNA L. HENRY 2237 ASPEN PLACE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY 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, 2237 ASPEN PLACE, MECHANICSBURG, PA 17055, 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 $76,514.19 obtained by CHASE MORTGAGE COMPANY-WEST, F/KIA MELLON MORTGAGE COMPANY (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: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 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 amount due in the sale. To find out ifthis has happened, you may call (717) 240-6390. 4, If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5 . You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the 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 TlIIS 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, P A 17013 (717) 249-3166 (800) 990-9108 .. ALL THAT CERTAIN ttact of led oiluate iD Ihe Townsblp of Upper Allen, County of CIIIIlbetIlIn(l, ana Commonweallh of Pennsylvania, being mare particularly described as: UNIT 12 of Aspell PlaCe Condot1llnlUm. IIIe Declaration for whicb condomlnIlIIIl are fol1lld in the Office of Ihe Re\:Qrder of Deo:da in and for Cumbcrlaod County. PeonsylVllllill, ill Mi_11aneous Book 293 at Page 638. INCLUDING separate ownmhip ill lhc Grantees hereof in Il1e designaled COIIUIIOlI area of said colldomiDium as SCl fordt iD IIle afoleSllid deClarations. THE aforeoaid unit is kMwu ana municipally numIlered as 2237 Aspen Place. Mechanlcsbut., PA. ~ITLB TO SAID PREMISES IS VESTED IN Donna L. Hcmy by Deed t'ronllvan 8. Karge, smile DI8J\ dated 31Z911996 ami recorded 41211996 iD Deed Book 136 Page 1170. TAX PARCEl. #42-29-2454-111 .. - -~j ~...) = C:.~ ~ ?; :..v .--J, :1:,"\ i"n--: -nF; :f'T (~){.J ::~';1; ~~ -n w~ ~:"! --<. , " o ~_.:, ~~r: r"<.) AFFIDAVIT OF SERVICE PLAIN"I'IFF CHASE MORTGAGE COMPANY-WEST, FfKJA MELLON MORTGAGE COMPANY CUMBERLAND COUNTY PIT No. 04-780-CIVIL DEFENDANT(S) DONNA L. HENRY ACCT. #5702901034 SERVE DONNA L. HENRY AT 2237 ASPEN PLACE MECHANICSBURG, P A 17055 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 8, 2004 SERVED Served and made known to Donna L. Henry at 7:40 I kP 2237 'Aspen Place, , o'c oc _.m., at , Defendant, on the 10th Mechanicsburg, PA dayof April 17055 , 200~, , Commonwealth of Pennsylvania, in the manner described below: . XX Defendant personally served. Adult family member with whom Defendant(s) reside(s), Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or rel.tionship. Manager/Clerk of place oflodging in which Defendant(s) reside(s), Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age40'S Height ~ 1 "Weight 22 5 Race~ Sex f Other I, Chad L. spotts , a competent adult, being duly swomaccording to law, depose and state that I personally handed a true and correct copy oillie Noticp. ()f~hpnfl"C' C'''li iR tHe manner as set forth herein, issued in the captioned case on the date and at the address indicated ab've. Notarial Seal hi' Wendy M. Livingston, Notary Pu lC . Susquehanna Twp.. Dauphin County Sworn to an~ s1J~ed My Commission Expires Oct. 24, 200~ before this !. ~ Membe...', nnSylvanlaAssOCia~~~ of , 20ot, . Notary: .~ By: EMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of .200 _,at Moved Unknown No Answer 1 sl Attempt: / / Time: 3rd Attempt: / / Time: o'clock_.m, Defendant NOT FOUND because: Vacant 2nd Attempt: / 1 Time: Sworn to and subscribed before me this _ day of . 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - LD. No. 12248 (') c ajm ;~i' i ~::! r-~ ~8 ....' c...- Z __-:1 -< "" = Co.., J:' L. c: x: ~ ~:n -ohi ::DC? ~6 .r:::rH' 0- e5~ :.;..:--t ~. :D -< 0'> -0 ::r. ~ Ul U1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY- WEST, F/KIA MELLON MORTGAGE COMPANY ) CIVIL ACTION ) vs. DONNA L. HENRY ) CIVIL DIVISION ) NO, 04-780-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for CHASE MORTGAGE COMPANY-WEST, FIKlA MELLON MORTGAGE COMPANY hereby verify that on MARCH 31, 2004 true and correct copies of the Notice of Sheriffs sale were served by certificate ofrnailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: August 13. 2004 AM) ~~ -A:J( (\\1~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff "'... ~'g .... .z v- H ~~ ~g, ~ I ~;;l 0 "[ O~ ~'z ~~ :;'n )- ~;; r 0; ~ ~~ ~ -< "'''' .a ~ o~ !~ '" ~ i o ~ '" II 5: dl ;:g~~!fg ~;t]:~ ~ ~ n sa r:o. wl.g~ ~ :: 8 i> it . 2. a. ~ r.n .... g ~. ~ a s'o g .... ""''''''0 S" ,^;:I .... g'g.80;i ='3-"Rif a.e.~~ _. ~'" a.. a'jlll &~ ~ ~ ~ ~1- ~"5o~ g ;;;"g ~ g at1~a~ lICI- ...."'0- ~gii[~ g'i~; nI ~. trl 0 ~.~ ~ & hi:~ i~~! ~~'g ~ 3 jl ~ ~ d.-'ll 9'ii'as- -8g8il is- trl!;; B ,Hlg ~ .... d ....' gf g; g';l 5 h" 11 -'6 ~ " . . _. ~~ ~ g "[".3 15' VI Er R It.:'pfr ~.[j 8 ~ o I' '" ~ ~] - ". ~;;;'i~ 2 g 15' eo ~.... - ... - w - N - - - o v- '" w N t"' S " O>z ....0.., {Il0.8 ~ ~ t'tl Q..~~ ~ 0. '0 00 --J '" :I> ;l. ti" CD z l: 3 <T CD ~ "'d -~"'1 ~ (') 0 z g: '" tT1 . -"0 0 ~ 3 "' "''''dtT1 ~ " 1r So ~~~ ~ tT1 > -0 Ul ~ j >-l ~ g: en\? ~ Pi i .?' a (') i ~ "'d 7'&~ ~ ~ ~ > ~ a ~ - r' .." ~ . - """''''d . 0 '< g. gJ ~ ~ w '" , g'~r-' . ~ - '" Ul 00 N a 0 - ~gj~ N ~ El ... w .." --J ~ ~ ... ~ "" :> Ul > .. p..gt=: ~ - [{J ~ ~ .. i ., o "'d ~ ;.. "''' ~ " '" ~ ..., ft. ~ ~ .g - ... J;] 0 0 .. 0 Iil ., ~ (') i ~ ;1 (') ~ - Ul w tll a z ~ .." a ~ ~ '" ~ :> ~ - --J 0 a v- '" ~ v- a tll a ~ x N '" ~ --J .v- i (') Ul ~ '" t~ Ul Ul tll J;; ~ '" :> '" :::; :> 0 - - --J W - 0 v- I ~ ~ \1!02 Pt.';:" '-'v'" ~ '.'.1~..\ ,4-~~Po.s~", I ~31-2'n--'-- S' . ' ~ p~~ "~....~_~ ~ v04, "-.z d~j~~~ \; --../. . ;:l ~~. PlTNn a.OWES '- 13 /. . . 02 lA $ 00.900 . . 0004300377 rAAR31 2004 - (lsPS " . MAiLED FROM ZIP CODE 1 9 1 03 -,-- .. . S II .., 3 I I I I I I I I I I I I I , , -, ~:'i -< . "" c::c, 5i~ (~) -','j ~;.... C-) Q', -('J S-:) r,~ /',0 . PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY Plaintiff, v. No.04-780-CIVIL DONNA L. HENRY Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $76,514.19 Interest from to SEPTEMBER 7,2005 (per diem .$12,58) $6,617.08 and Costs TOTAL $83,131.27 ~G~ DANIEL G. SCHMIEG, E~UIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No, IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. on on >::> r- ,... .( Il-< ~ ';l ~ u .... ~ .( ~... ~ e \00.... o~ ~~ .... ~ ~ ..j ~? "'Il-< 5 " ~~ ~8 ~~ ~ ti if> Il-<'" ~u " ~~ ~ ",a ~ .t:> o~ 1l-<t5 ~ \00.$ i o .. ~ ~~ ~.( ~ '" ~~ if> 0,", '1i) 0.... u~ ,;, ,j ~ g. .. ~r: u~ "'0 .( r- p.. \Oo;;;l ~~ ~ ~~ .., >l) 00 ~ .... '1i) u '"'~ o 0 .... ~ ~~ ~o ~ ~6 ;,; ;;;l~ o~ e:: \3 8; :~ u ~ ..\5 ~ ~ .... ~'" ,~ ~.( p.. ....~ e~ Il-< ~';l U C!' -r ~ r- () a VI - ~ s~, \;:~';, \...1-'\':';: s~.!. (.-~, 'l~ ';;::. ~~I,; c::> fd~~l ,,'> V"~F: o - ,,,, ~c. 0-- ~- ~,,~ ~ ,f' r;:::~ c:";;J ,--' ~'-, () ~ . . ~ c: ; ; . j .. > J , ~ t- c:;" -::.~ % ~ V) ~ '" '" \;' '""" ~ - \r)r..:s- "" ,") ~ \t) ..... \.(\ , ~ () 0;::, - 1:'- <J t:: ~ 1 R --+- ,~ "J ~ ---T; ;::--~ ~dJ ..s. -- ~~ i r:1 .' LEGAL DESCRIPTION ALL THAT CERTAIN tmct of land situate in the TOWllllhlp of Upper AUen, County of Cumberland, and Commonwealth of Pennsylvania, being more patticulmly described as: UNIT 12 of Aspen Pla<:e COIldol1linium. tbe Declaration for which condominium are fo\llld in the OffICe of the Recorder of Deeds in and for Cumberland County. PeonsylVllllia, in MiscdJaneous Book. 295 at Page 638. INCLUDING separate ownership ill lhe Grantees hereof in tile designated COIIlIDOII area of said condominium as lICl forth in lhe aforesaKl declarations. TITLE TO SAID PREMISES IS VESTED IN Donna I.. Hemy by Deed from Ivan B. Karge, SIngle man daled 3/29/1996 and recorded 412/1996 in Deed Book 136 Page 1170. PROPERTY ADDRESS: 2237 ASPEN PLACE, MECHANICSBURG, P A 17055 TAX PARCEL: # 42-29-2454-111 PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION DONNA L. HENRY NO. 04-780-CIVIL Defendant(s). CERTIFICATION DANIEL G, SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. e.S. Section 4904 relating to unsworn falsification to authorities. ~f(,,~ DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff r~" C"_i C:::.., (~J' :)r.: -;,.~.,. :;'J C..' o Ql ~~~&, '..:~~~!\ /~~ ?~> ,."\"1"\ ,I .-\ ::";~; ::2. ~ ":o? - -.;.-' ----- ~ CHASE MORTGAGE COMPANY-WEST, FIKJA MELLON MORTGAGE COMPANY CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION DONNA L. HENRY NO.04-780-CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY, Plaintiff in the above action, by its attorney, DANIEL G, SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 2237 ASPEN PLACE. MECHANICSBURG, PA 17055. L Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DONNA L. HENRY 2237 ASPEN PLACE MECHANICSBURG, PA 17055 2. Name and address ofDefendant(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 oflast recorded holder of every mortgage of record: Name Last Known 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7, Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 2237 ASPEN PLACE MECHANICSBURG, PA 17055 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 true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa, C,S, Sec. 4904 relating to unsworn falsification to authorities. March 28, 2005 DATE Atw:J r;; J!..1.".i~t DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff ~~ <-> =' s; -r:: ;;~.. :;XJ c/) o -"j -, -0 ::~, 0, -r .-\ 4-:0 n1 ~-;1 :::r)(;-; !~~}j'~" . ".\ ',~ '2 ~'" ~ ,;:> - ~ . CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY Plaintiff, CUMBERLAND COUNTY No.04-780-CIVIL v. DONNA L. HENRY Defendant(s). March 28, 2005 TO: DONNA L. HENRY 2237 ASPEN PLACE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY 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 2237 ASPEN PLACE. MECHANICSBURG. PA 17055. is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7. 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $76.514.19 obtained by CHASE MORTGAGE COMPANY-WEST. F/K/A MELLON MORTGAGE COMPANY (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: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2, You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthe judgment was improperly entered, You may also ask the Court to postpone the sale for good cause, 3. You may also be able to stop the sale through other legal proceedings. . You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2, You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property, 3. The sale will go through only ifthe buyer pays the Sheriff the full amount due in the sale, To find out if this has happened, you may call (717) 240-6390, 4, If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened, 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer, At that time, the buyer may bring legal proceedings to evict you. 6, You may be entitled to a share of the money which was paid for your house, A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale, This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the 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. IMPORT ANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale, CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 . LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Upper AUen, County of Cumberland, and Commonweallh of Pennsylvania, ooing mare particularly desl:rlbed as: UNIT 12 of Aspen Place Condominium. tile Declaration far which condominium are found in ~ OffICe of the RllCQrder of ~dll in and for Cumberland County. Pennsylvania, in MisceUaru:ous Book 295 at Page 638. INCLUDING separate ownership ill tll<: Granlee$ Ilereof In lI1e 4eSJgoaled ComIDOO area of said condominium as set forth in tll<: aforesaid dcclatalklns. ~ITLE TO SAID PREMISES 1$ VESTED I~ Donna. L, Henry by Deed from Ivan B. Karge, slI.1gl.e man dated 3129/1996 and recorded 41211996 in Deed Book 136 Page 1170. PROPERTY ADDRESS: 2237 ASPEN PLACE, MECHANICS BURG, PA 17055 TAX PARCEL: # 42-29-2454-111 n (."'. ~"?! ~:.-:,> cJ~ ::::. :.~'_r;; -, ,~ c.., o :-:-. -. o ~n .-' -::f-"-r> C,1.f"":' --;ji"T.'; "2~~~t? '"'""::') ,---' ~.- (- -.~ (f~ --~\ "';C>_ t,,) '. ,....... :::::::. - <.D - USBC PAM- LIVE - V2.6 - Docket Report Page I of5 CLAIMS, CREDS, MotDism, 341Dlsm u.s. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:04-bk-05421-MDF Assigned to: Mary D France Chapter 13 Voluntary Asset Date Filed: 09/07/2004 Donna L Henry 2237 Aspen Drive Mechanicsburg, P A 17055 SSN: xxx-xx-1261 Debtor Charles J. DeHart, III (Trustee) POBox410 Hummelstown, P A 17036 717 566-6097 Trustee United States Trustee PO Box 969 Harrisburg, P A 17108 (717) 221-4515 Asst. U.S. Trustee represented by Lee Eric Oesterling 42 EAST MAIN STREET MECHANICS BURG, P A 17055 717790-5400 Filing Date # Docket Text 03/15/2005 29 Correspondence from Trustee re hearing, No appearance for debtor. Case to be dismissed hearing date was 3/10/05 Filed by Trustee, (dehart, III(ds), Charles) (Entered: 03/15/2005) 03/05/2005 25 BNC Certificate of Mailing, (RE: related document(s):24), Service Date 03/05/2005. (Admin.) (Entered: 03/06/2005) 03/02/2005 24 Certification that 341 Meeting of Creditors Not Held for Debtor, who without excuse, failed to appear at the 341 meeting on 2/24/05. (There is no image or paper document associated with this report.) Notice sent to all Creditors regarding possible dismissal of case. (Notice attached). Objections due by 3/24/2005, (dehart, III(ds), Charles) (Entered: 03/02/2005) https://ecfpamb.uscourts,gov/cgi-bin/DktRpt.pl?10884 I 908656389-L _82_0-1 3/28/2005 USBC PAM - LIVE - V2,6 - Docket Report Page 2 of5 02/25/2005 23 Order (RE: related document(s)fi, '2'2,16). (Attachments: # 1 Certificate of Service) (KZ) (Entered: 02/28/2005) 02/24/2005 22 Certificate of Default of the Stipulation to Vacate Filed by Jay B Jones of Phelan Hallinan & Schmieg, LLP on behalf of Chase Manhattan Company-West (RE: related document(s)16 ). (Attachments: # 1 Exhibit, Default Letter# '2 Exhibit, Stipulation# ~ Proposed Order # 4 Certificate of Service) (Jones, Jay) (Entered: 02/24/2005) 02/09/2005 21 Motion to Dismiss Case for material default and hearing notice to parties. Filed by Trustee. Hearing scheduled for 3/10/2005 at 02:00 PM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (dehart, ill(ds), Charles) (Entered: 02/09/2005) 01/16/2005 ~Q BNC Certificate of Mailing, (RE: related document(s)L2), Service Date 01/16/2005. (Admin.) (Entered: 01/17/2005) 01/13/2005 19 Certification that 341 Meeting of Creditors (Ch. 13) Rescheduled. . 341(a) meeting to be held on 2/24/2005 at 12:00 PM at Federal Bldg, Trustee Hearing Rm, Rm 1160, 11 th FI, 228 Walnut St, Harrisburg, P A. (AG) (Entered: 01/14/2005) 01/13/2005 18 Order approving Stipulation and vacating the relief order (RE: related document(s)1 6 ). (Attachments: # 1 Certificate of Service) (KZ) (Entered: 01/13/2005) 01113/2005 17 Certification that 341 Meeting of Creditors (Ch, 13) Not Held on 1/6/05. To be Rescheduled for Debtor. (There is no image or paper document associated with this entry.). (dehart, III(ds), Charles) (Entered: 01/13/2005) 01/12/2005 1..6 Stipulation to Vacate the Relief Order and Reinstate the Automatic Stay Filed by Jay B Jones of Phelan Hallinan & Schmieg, LLP on behalf of Chase Manhattan Company-West (RE: related document (s)1.5 ). (Attachments: # I Proposed Order) (Jones, Jay) (Entered: 01/12/2005) 12103/2004 IS Order Granting Motion for Relief from Stay V ACA TED by Order dated January 13, 2005 (RE: related document(s)6 ). (Attachments: # 1 Certificate of Service) (KZ) Modified on 1/13/2005 (DP). (Entered: 12/06/2004) 12/01/2004 14 BNC Certificate of Mailing. (RE: related document(s)12), Service Date 12/0112004. (Admin,) (Entered: 12/02/2004) https:llecf.pamb,uscourts.gov/cgi-bin/DktRpt.pl?1 08841908656389-L _82_0-1 3/28/2005 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-780 Civil 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 Plaintiff (s) From Donna L. Henry (I ) 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 attaclunent 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) Ifproperty of the defendant(s} not levied upon an subject to attaclunent is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $76,514.19 L.L Interest from to September 7, 2005 (per diem - $12.58 $6,617.08 and costs Atty's ConTIn % Atty Paid $690.51 Plaintiffpaid Due Prothy $1.00 Other Costs Date: March 30, 2005 CURTIS R. LONG (Seal) Prothonotary By: <K~;Ao1LL;:/ ;?k. 91 Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station 1617 John F. Kennedy 80nlevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court lD No. 62205 . DEFENDANT(S) CUMBERLAND COUNTY CHASE MORTGAGE COMPANY-WEST, KMD F/KJA MELLON MORTGAGE COMPANY No.04-780-CIVIL DONNA L. HENRY ACCT. #5702901034 AFFIDAVIT OF SERVICE PLAINTIFF SERVE DONNA L. HENRY AT 2237 ASPEN PLACE MECHANICSBURG, P A 17055 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 7,2005 SERVED . Jh servedandmademoMltoJ)OJ,l/oJ"" t. tfe.N VZ" . Defendant, on the !: daYOC.~~~2ooS-- at.s-.' 1-3::. O'clOCkfm., at .). d.. 3 J J') r~~ fl. J f,1Q( '4" "-.!i c slav V't'J .Commonwealth of Pennsylvania, in the manner described below: ~Defendant personally served. Adull family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendaDl(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) resideCs). Agent or person in charge of Defendant(s) 's office or usual place of business. an officer of said Defendant( s)' s company. Other: I " -- IlL Description: Age S'CJ HeightM Weight~ RaceJJ.!.1s.xL Other o;J'j 6 9c l'- ["a; IZ- J, doY""'c "-- k, CaK-~ ' j~competentadul~ being duly sworn according to law, depose and state that! pcrsonallyhanded a true and correct copy of the otice of Sheriff s Sale in th " , aptioned case on the date and at the address indicated above. NOTARIAL SEAL UJCUE H. CARTY. NolaIY PublIc ~~~' FrankDnCounlY It! ill!! ~ Nov. 10, 'lJXl7 Sworn to and subscribed be~l;me this _(Qt~ day of k_,200~, ," No (:~W'.u...- 'llt (fit L~ By: PLEASE ATTEMPT SERVlq~T LE ES OF SERVICE A l'TEMP'l'ED. NOT SERVED On the day of .200_. at o'clock _.m., Defendant NOT FOUND because: _ Moved _ Unknown _ No Answer Vo.cant 1'1 Attempt: I I Time: 2nd Attempt: I I Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of, _~_, 200_. Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire. 1.D. No. 62205 ~,~ ,.~ r::.J~' ~ _~ i ,-' ~ ~- ,:'-...) c:) 0) . ., Chase Mortgage Company West f/kla Mellon Mortgage Company VS Donna L. Henry In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-780 Civil Term Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on July 14,2004 at 6:52 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Donna L. Henry, by making known unto Donna L. Henry, personally, at 2237 Aspen Court, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on July 14,2004 at 6:52 o'clock P,M" he posted a true copy ofthe within Real Esta Writ, Notice, Poster and Description, in the above entitled action, upon the property of Donna L. Henry located at 2237 Aspen Court, Mechanicsburg, Pennsylvania, according to law, R, Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Donna L. Henry, by regular mail to her last known address of2237 Aspen Court, Mechanicsburg, P A 17055. This letter was mailed under the date of July 14, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he returns the within writ as STAYED per instructions from Attorney Frank Federman. Sheriffs Costs: Docketing 30.00 Poundage 11.00 Advertising 15,00 Posting Bills 15.00 Law Library ,50 Prothonotary 1.00 Mileage 8,14 Levy 15.00 Surcharge 20.00 ~ Law Journal Patriot News Share of Bills Postpone Sale 181. 70 213,28 30.49 20,00 $561.11 Sworn and subscribed to before me :;:;~~~ , R, Thomas Kline, Sheriff 2004, A.D, '--ldi" () ')y"lf,,-, .tJd:' \)~ ~'i/ Pr honotary , 1/ BY , t jlJ1iIl-1 Real Esta e Deputy This ~ day of kG" '"^ .~ \ .1) ,) ~ , 'HiJ.'j \ .. r.,.o ( . J...> b ~ ,J CHASE MORTGAGE COMPANY-WEST, FfKJA MELLON MORTGAGE COMPANY CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEA v. CIVIL DIVISION." "..i-':".'"~;"",~;,;",,.'~') .""''''-",,:,~~'',''';';i';\'\',;~;,",,:'''''''':''.~ DONNA L. HENRY NO.04-780-CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, I) CHASE MORTGAGE COMPANY-WEST FIK/A MELLON MORTGAGE COMP Y, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as ofth date the Praecipe for the Writ of Execution was filed the following information concerning the re property located at, 2237 ASPEN PLACE, MECHANICSBURG, P A 17055. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot reasonably ascertained, please indicate) DONNA L. HENRY 2237 ASPEN PLACE MECHANICSBURG, PA 17055 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a recor lien on the real property to be sold: Name Last Known Address (if address cann t be reasonably ascertained, please indicat ) None 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot reasonably ascertained, please indicate)' ,.,....," 'ji,.,.,,,,,~-,j4",~,,~,,,,,, None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None 6, Name and address of every other person who has any record interest in the property an whose interest may be affected by the sale. Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who h any interest in the property which may be affected by the sale: Name Last Known Address (if address canno be reasonably ascertained, please indicate ,",q.. Tenant/Occupant 2237 ASPEN PLACE" MECHANICSBURG, PA 17055 T';';."''',,' Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best 0 my personal knowledge or information and belief. I understand that false statements herein are mad subject to the penalties of 18 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities, March 29. 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 1 P'Jfl'i1':i"',.:~'$:"",~,,,,~h CHASE MORTGAGE COMPANY-WEST, FIKIA "..MELLON MORTGAGECQm~,.rli(jI....t~'":'11' Plaintiff, CUMBERLAND COUNTY ';F~;~iIr~;!~lii.~;;r,,~i,' ~lji:;Li'~iiiifMl ~.::Q;,~!l~';',~':,j No.04-780-CIVIL v. DONNA L. HENRY Defendant(s). March 29, 2004 TO: DONNA L. HENRY 2237 ASPEN PLACE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFO ATION OBTAINED WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A DISC RGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, lliIS IS NOT AND SHOULD NOT BE CON. TRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ' Your house (real estate) at 2237 ASPEN PLACE MECHANICSBURG PA 1 055 is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 8. 2004 at 10:00 a.m. in the umberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court jud ent of $76,514.19 obtained by CHASE MORTGAGE COMPANY-WEST F/K/A MELLO MORTGAGE COMPANY (the mortgagee) against you. In the event the sale is contin ed, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. '''''''';\\\~)'';;;'';l:,~,>!''''-'''' ,. NOTICE OF OWNER'S RIGHTS,,,,,,, , ~~"~:';j1~'~" YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payment late charges, costs and reasonable attorney's fees due, To fmd out how much you mus pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to rike or open the judgment, if the judgment was improperly entered, You may also ask th 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 m re chance .,..,,,,,,,,,,,,,,,,,,,,,,,,,," you will have of stopping the sale.. (See notice on page tWo on how to obtaihllD attorney;) ~...";ii;,ci."" . YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OT ER 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 bid er. You may find out the price bid by calling (215) 563-7000. 3, The sale will go through only if the buyer pays the Sheriff the full amount due the sale. To find out if this has happened, you may call (717) 240-6390, 2. You may be able to petition the Court to set aside the sale ifthe bid price was inadequate compared to the value of your property. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain th owner ofthe property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid t the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal procee ings to evict you. ..~~t,.';"!':'i~'"""" 6. You may be entitled to a share of the money which was paid for your house. schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days 0 the sale. This schedule will state who will be receiving that money, The money will be paid out in ace rdance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are file with the ,,' Sheriff within ten (10) days after the distribution is filed~-";" .. .' .','c'. ",._w",.".. 7 , You may also have other rights and defenses, or ways of getting your home b ck, if you act immediately after the sale. YOU SHOULD TAKE TlIIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 0 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OF CE 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, P A 17013 (717) 249-3166 (800) 990-9108 .' r.I:~:",;""~,,,,:'i,;,,,,,:,:<,,,:'/".'""",,"i .,'."f'.",<" c, ALL mAT CERTAIN tlaI:t of hwd sllualt In'lhe ToWll8blp of Upper Allen, Couuty of alld Commonwealth of 'Pennsylvania, blling more particularly described as: UWT U ofAspefip1Iceccmnu\nlum.I\IeDeelanIdOlI fotWhk:bcotllo1nilllum IIle ~1IIIIl b1t11O . of .\b!l. ~f!l~ of ~. in IiDd fIlr Ciaober~ . .J>enaf)vaIli~ in W_U......is llo!& ,....~.,,'~,"":>t,1iji::; Pait'g3l~" .. - .. ,.,.,~..,'.-., INCLUDING separate OWllClllhip in tile ~ IIereOf in 1be deslgIIaled common an:a of 5Iicl collllomiDium as let forlb in lhe Ilforcsald declUl\lloRs. THE afut:csaid unit i& knoYfll alld lIlWIicipally numbered II 2231 AJpcn Place. Medlaalcsburg, '/t. TITLB TO SAID PREMISFS IS VESTED IN Domm {., Henry by Deed from (van B. SlIlgle man dated 3/29/1996 and recorded 41211996 In Deed Book 136 Page 1110. TAX PARCEl. #42-29-24S4-111 ;"'ti,~,.,'r;' .", ",~;,..:",<'.."".. ",~''';. ,'....,,;,.,'.~)li.d'H~.:.--,' -:.; ,'~,<";<'I.~,, --...",..". liilb.nl~."'.#;.;; ,.",,...,~,. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-780 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY; To satisfy the debt, interest and costs due CHASE MORTGAGE COMPANY-WEST, F/K1A MELLON MORTGAGE COMPANY, Plaintiff (s) From DONNA L. HENRY (I) 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) uot levied upon in the possession of GARNISHEE(S) as follows; and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is eujoined fro paying any debt to or for the account of the defendant (s) and from delivering any property of the defend nt (5) or otherwise disposing thereof; (3) Ifproperty of the defendaut(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 a a gal11ishee and is enjoined as above stated. Amount Due $76,514.19 LL $.50 Interest FROM 3/31/04 TO 9/8/04 (PER DIEM - $12.58) - Atty's Comm % Atty Paid $116.90 Plaintiff Paid Date; MARCH 30, 2004 Due Prothy $2,037.96 AND COSTS $1.00 Other Costs CURTIS R. LONG (Seal) Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address; ONE PENN CENTER AT SUBRUBAN STATION 1617JOHN F. KENNEDY BOULEVARD, SUITE 1400 Attorney for: PLAINTIFF Telephone; 215-563-7000 Supreme Court ID No. 12248 Real Estate Sale #35 On June 10, 2004 the sherifflevied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, P A Known and numbered as 2237 Aspen Place, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 10, 2004 By: Jorl1A1VVti-t.0 Real Est~i2 Deputy ';.1 ~ ~ ~ /, I ,"0 "C~\ (j)~S:;~ _,'" C<'6ll0'~ ~ -,," '" ~-tl,~b~~~"'''' ~~-tl. '" . mPS-tl~ .~ ,~,:~l~~s\~ ~~%i ~~~ ~~~\~ " .' _O<~'0?" %~<' ,-~ $~'o" ", ,,' ~ 'l ~ ~ 'H~ .:., 'I ~~ 0,'" ,,~~ ~'O., ~ o ,_~O .' ~_U. O,~ .- ? '<" "~'<, . 0'l0 ~p~~~~p~e~. e~~' e'~ '.I~'l. ~ \\P"l.i\%h(\~~H \H~ 1\\ ~\~\t ~\~ ~.~-;,~'I,~~~,!:&'~~l1, ~H,"'~ "o..~ " _,^ ,~00 ?~O '.'0 "1\0 ..>, ,",-- ~ ~i~ 1..'?,':,~,~~~%~l,h3o'lM:'\~ ':oR\~~~6 I e$~ 1~-81.~.,_'..11~11~.~ ~ "'~ " >" < ". ,H. _ " 0 0 ,~_?' 0 0 i\' e ~ - " <l:~ "_ i~" o~.".., .~~~., - ~~ ~""o~ -;>~~$e~ t);;:; <l\",t):::: I" - .... .... , .. <p. .. C;' a> ~ ~ .. Chase Mortgage Company-West f/kJa Mellon Mortgage Company VS Donna L. Henry The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-780 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 12, 2005 at 7: 12 0' clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Donna L. Henry, by making known unto Donna L. Henry, personally, at 2237 Aspen Place, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 13,2005 at 7:25 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Donna L. Henry, located at 2237 Aspen Place, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Donna L. Henry, by regular mail to her last known address of2237 Aspen Place, Mechanicsburg, P A 17055. This letter was mailed under the date of July 01,2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing Poundage Advertising Posting Handbills Law Library Prothonotary Mileage Certified Mail Levy Surcharge 30.00 12.76 15.00 15.00 1.00 17.60 2.55 15.00 20.00 Postpone Sale Law Journal Patriot News Share of Bills 20.00 245.00 238.52 18.20 $650.63 Sworn and subscribed to before me So~?y~' .;;A? - f ~,h .:.1.<: ~~ . . 2005, A.D. R. Thomas Kline, Sheriff BY !o~S~ Real Estat Sergeant ~ I. 00 O~Ji 5;Z~'f3 f,1f ;7/191 ;, CHASE MORTGAGE COMPANY-WEST, F/KIA MELLON MORTGAGE COMPANY CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION DONNA L, HENRY NO.04-780-CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 2237 ASPEN PLACE, MECHANICSBURG, PA 17055 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DONNA L. HENRY 2237 ASPEN PLACE MECHANICSBURG, PA 17055 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 Known 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 2237 ASPEN PLACE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 Nortb Hanover Street Carlisle, PA 17013 Commonwealtb of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 1 verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofJ8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 28. 2005 DATE ~ G ~"~""A~~ DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff CHASE MORTGAGE COMPANY-WEST, FIK/A MELLON MORTGAGE COMPANY Plaintiff, CUMBERLAND COUNTY No. 04-780-CIVIL v. DONNA L. HENRY Defendant(s). March 28, 2005 TO: DONNA L. HENRY 2237 ASPEN PLACE MECHANICSBURG, PA 17055 **THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT 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 2237 ASPEN PLACE, MECHANICSBURG, PA 17055. is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7,2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $76,514.19 obtained by CHASE MORTGAGE COMPANY-WEST, F/KIA MELLON MORTGAGE COMPANY (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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthe judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out ifthis has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the 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 OFFlCE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tI2ct of blld situate in the ToWllShip of Upper AUen, County of ClIIl1berland, and Commonweallh of Pennsylvania, bcling more particularly described as: UNIT 12 of Aspen PllIce Condominium. tbe Declaration for which condominium are found in tIK: OffKe I.lf the Rewrder of Deem in and for CumberIa11d County, PennsylVlU\iu, in Misccllaneous Book 295 at Page 638. I NCLUDING separate ownersbip ill !be Grantees hereof in tile designated conwon area of said condominillm as set forth in the aforesaid tleelaratlom. ~ITLB TO SAID PREMISES IS VESTED IN Donna L. Remy by Deed from Ivan B. Ka~, SIngle man dared 31Z9f1996 and recorded 4f2fl996 in Deed Book 136 Page 1170. PROPERTY ADDRESS: 2237 ASPEN PLACE, MECHANICSBURG, PA 17055 TAX PARCEL: # 42-29-2454-111 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-780 Civil 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 Plaintiff (s) From Donna L. Henry (I) 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 gamishee(s) that: (a) an attachment has been issued: (b) the gamishee(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) Ifproperty of the defendant(s) not levied upon an subject to attachment is fOlmd 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. Amount Due $76,514.19 L.L. Interest from to September 7, 2005 (per diem - $12.58 $6,617.08 and costs Atty's Comm % Due Prothy $1.00 Atty Paid $690.51 Plaintiff Paid Other Costs Date: March 30, 2005 CURTIS R. LONG (Seal) Prothonotary By: ~;k1,;L r~.!.0 95 Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. 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. 62205 Real Estate Sale # 1 0 On May 04, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 2237 Aspen Place, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 04, 2005 By,,)o (ft ( Jrvv:t (., Real Estate Deputy C "'0 l:ViJ l:ViJ ==:J G.ro iIVil bZ :[ '\j s- Ud~ SOQI '.1(;" " " : >. ,',. '., '.:i:mjjHs .0 , . . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Connnonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Connnonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot.News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot.News and The Sunday Patriot-News were established March 4th, 1854, and September t8th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 19th and 26th day(s) of July and the 2nd day(s) of August 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true: and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot.News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Misce laneous Book "M", Volume t4, Page 3 t 7. PUBLICATION COpy SALE #10 REAL ESTATE SALE No.1 0 Wrtt No. 2004-780 Civil Term Chase Mortgage Co.-West f/IrIa Mellon Mort_a Co. vs Donna L. Henry At1y: Daniel Schmieg DESCRlPTlON AU THAT CERrA1N tract of I8Id situate in the ThwIIIhip of Upper AIko. c-y of ~aDdC_of Paaylvania, bemg more parti_ly described .: UBit 12 of Aspen Place Condominium, 1be Declntion for which condominium are found in tbeOffice of the Recorder of Deeds in and for Cumberland County. Pennsylvania, in Miscellaneous Book 295 at Page 638. INCLUDING sepantte owner-sbip in the Grantees bereof in the designated common lml of said condominium as set forth in the aforesaid declarations. TITI..E TO SAID PREMISES is vested in Donna L. Henry by Deed from Ivan B. Karge, ..gi< _ dared 312911996 aDd re-<ooIoI 4I1J 1996 in Deed Book 136Page 1170. PROPElITY ADDRESS, 2237 A>Jl<ll Place. Meclwlli:.~PAI7055. TAXPAllctL#42.29-2454-11 L Sworn to and subscrib NOTAR PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT.NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 238.52 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA 55. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: July 15, 22, 29, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. \ , SW 0 AND SUBSCRffiED before me this 29 day of Julv. 2005 NOT ARI L SEAL LOIS E. SNYDER. Notary Public I Carlisle Bora, Cumberland County ~y Commission Expires March 5. 2009 REAL ESTATE SALE NO. 10 Writ No. 2004-780 Civil Chase Mortgage Company-West, f/k/a Mellon Mortgage Company VS. Donna L. Henry Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate 1n the Township of Upper Allen. County of Cumberland and Commonwealth of Pennsylvania, being more particularly described as: UNIT 12 of Aspen Place Condo- minium, the Declaration for which condominium are found in the Of- fice of the Recorder of Deeds in and for Cumberland County. Pennsylva- nia, in Miscellaneous Book 295 at Page 638. INCWDING separate ownership in the Grantees hereof in the desig- nated common area of said condo- minium as set forth in the aforesaid declarations. TITLE TO SAID PREMISES IS VESIED IN Donna L. Henry by Deed from Ivan B. Karge. single man dat- ed 3/29/1996 and recorded 4/2/ 1996 in Deed Book 136 Page 1170. PROPERTY ADDRESS: 2237 ASPEN PLACE. MECHANICSBURG. PA 17055. TAX PARCEL: # 42-29-2454-111. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CHASE MORTGAGE COMPANY-WEST, F/KfA MELLON MORTGAGE COMPANY Plaintiff, v. No.04-780-CIVIL DONNA L. HENRY Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $76,514.19 Interest from 03/30/04 to JUNE 07, 2006 (per diem -$12.58) $10,051.42 and Costs Additional costs $ 7,039.00 TOTAL $93,604.61 )4. DANIEL G. SCHMIEG, ES One Penn Center at Suburba ion 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ,,_. 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"'It (:::(. 1 ~ j ~ ~/- ct ~ (:V LEGAL DESCRIPTION ALL THAT CERTAIN tract ofland situate in the Township of Upper Allen, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly described as: UNIT 12 of Aspen Place Condominium, the Declaration for which condominium are found in the Office of the Recorder of Deeds in and or Cumberland County, Pennsylvania, in Miscellaneous Book 295 at page 638. INCLUDING separate ownership in the Grantees hereof in the designated common area of said condominium as cot forth in the aforesaid declarations. The aforesaid unit is known and municipally numbered as 2237 Aspen Place, Mechanicsburg, PA. UNDER AND SUBJECT, NEVERTHELESS, to all covenants, easements, rights of way and conditions of record. TITLE TO SAID PREMISES IS VESTED IN Donna L. Henry by Deed from Ivan B. Karge, single man, dated 03/29/1996 and recorded 04/02/1996 in Deed Book 136, Page 1170. Being Known As: 2237 Aspen Place Tax Parcel: 42-29-2454-111 WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-780 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE MORTGAGE COMPANY-WEST, F/KJA MELLON MORTGAGE COMPANY, Plaintiff(s) From DONNA L. HENRY (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 gamishee(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) Ifproperty 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. Amount Due $76,514.19 L.L. Interest FROM 3/30/04 TO 6/7/06 (PER DIEM - $12.58) - $10,051.42 AND COSTS Atty's Cornrn % Due Prothy $1.00 Atty Paid $1,356.04 Plaintiff Paid Other Costs $7,039.00 Date: JANUARY 26, 2006 () (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Donna L. Henry Debtor Chapter No. 13 Chase Mortgage Company-West, f/k/a Mellon Mortgage Company Movant Bk. No. 1-05-bk-059l5 v. Donna L. Henry 11 U.S.C. !i362 Respondent ORDER MODIFYING !i362 AUTOMATIC STAY Upon consideration of Motion of Chase Mortgage Company-West, f/k/a Mellon Mortgage Company (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. !i362 is modified with respect to premises 2237 Aspen Place, Mechanicsburg, PA 17055, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule Mortgage Company-West, immediately enforce and the automatic stay. 4001 (a) (3) is not applicable and Chase f/k/a Mellon Mortgage Company may implement this Order granting relief from By tilt Com1. Dated: January 3, 2006 ~~f1~ This electronic order is signed and filed on the same date. PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 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/KJA MELLON MORTGAGE COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION DONNA L. HENRY NO. 04-780-CIVIL Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. .-.\ C', CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION DONNA L. HENRY NO.04-780-CIVIL Defendant(s). AFFlDA vrT PURSUANT TO RULE 3129 (Affidavit No. I) CHASE MORTGAGE COMPANY-WEST. F/K/A MELLON MORTGAGE COMPANY, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .2237 ASPEN PLACE, MECHANICSBURG, PA 17055. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DONNA L. HENRY 2237 ASPEN PLACE MECHANICSBURG, PA 17055 2. Name and address ofDefendant(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) BOSCOV'S DEPARTMENT STORE, INC. P.O. BOX 4274 READING, PA 19606-0674 .. -.. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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. Name Last Known Address (i f address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 2237 ASPEN PLACE MECHANICSBURG, P A 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 ASPEN PLACE CONDOMINIUM C/O 2237 ASPEN PLACE MECHANICSBURG, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Januarv 24.2006 DATE DANIEL G. SCHMIEG Attorney for Plaintiff -, \", c,,) c:) -------- . CHASE MORTGAGE COMPANY-WEST, F/KJA MELLON MORTGAGE COMPANY Plaintiff, CUMBERLAND COUNTY No.04-780-CIVlL v. DONNA L. HENRY Defendant(s). January 24,2006 TO: DONNA L. HENRY 2237 ASPEN PLACE MECHANICSBURG, PA 17055 **THIS FIRM IS A DEBT COLLECTOR A TtEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS 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. 2237 ASPEN PLACE. MECHANICSBURG. PA 17055. is scheduled to be sold at the Sheriffs Sale on JUNE 07. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $76,514.19 obtained by CHASE MORTGAGE COMPANY-WEST. F/K/A MELLON MORTGAGE COMPANY (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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you c.ontact one, the more chance you will have of stopping the sale. (Sec 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. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition thc Court to set aside thc sale if the bid pricc was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as ifthe sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract ofland situate in the Township of Upper Allen, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly described as: UNIT 12 of Aspen Place Condominium, the Declaration for which condominium are found in the Office of the Recorder of Deeds in and or Cumberland County, Pennsylvania, in Miscellaneous Book 295 at page 638. INCLUDING separate ownership in the Grantees hereof in the designated common area of said condominium as cot forth in the aforesaid declarations. The aforesaid unit is known and municipally numbered as 2237 Aspen Place, Mechanicsburg, P A. UNDER AND SUBJECT, NEVERTHELESS, to all covenants, easements, rights of way and conditions of record. TITLE TO SAID PREMlSES IS VESTED IN Donna L. Henry by Deed from Ivan B. Karge, single man, dated 03/29/1996 and recorded 04/02/]996 in Deed Book 136, Page l170. Being Known As: 2237 Aspen Place Tax Parcel: 42-29-2454-1 1 1 -~ ,) -.. . ..... . '00.00 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY JMG PLAINTIFF CHASE MORTGAGE COMPANY-WEST, FIK/A MELLON MORTGAGE COMPANY No. 04-780-CML DEFENDANT(S) DONNA L. HENRY ACCT. #5702901034 SERVE DONNA L. HENRY AT 2237 ASPEN PLACE MECHANICSBURG, P A 17055 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 07, 2006 SERVED Served and made known to Uon ('IC\ 1~ 0{ n ~ y at J:YI ,0'clock1...m.,at ~aarJ A:S?EN PL , Defendant, on the fr).U.ho.fl Ie sbur-S I Y j.-J.. dayof hbrvllJ"I,2ooiR, Pit 170 t) ~ ' Conunonwealth of Pennsylvania, in the manner described below: I)( Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age3Err Height ~ Weight ~ R1ice....ul.- Sex ~ Other j,J/t.. he,,> I, .j"" ("r.h"l ~II"J , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. NOT SERVED , 200-, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: / f Time: 20d Attempt: / / Time: 3rd Attempt: f / Time: Sworn to and subscribed before me this _ day of , 200 _- Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 f)~ - q...- C) r-..:l 0 = c ~ ." c:r- -:.;;", :J: :r! ~Jrr: n1q :;po n,:D '~7 --< "hi tr:) .'JO 0"'1 _.~ 1 ~ 0 \._- _10 ~ "J:-" ::E> '" -n "" , ::z: ~~ (-; ~i- C Om C CO ~ ~ w ~ a-. ., .. SALE DATE: JUNE 7.2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW CHASE MORTGAGE COMPANY-WEST, F/K/A MELLON MORTGAGE COMPANY No.: 04-780-CIVIL VS. DONNA L. HENRY AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 2237 ASPEN PLACE. MECHANICSBURG. P A 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Amended Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. fr~vt!J~ DANIEL SCHMIEG, ESQ Attorney for Plaintiff June 5, 2006 . ... CHASE MORTGAGE COMPANY-WEST, FIKJA MELLON MORTGAGE COMPANY CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION DONNA L. HENRY NO. 04-780-CIVIL Defendant( s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHASE MORTGAGE COMPANY-WEST. F/K/A MELLON MORTGAGE COMPANY, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .2237 ASPEN PLACE. MECHANICS BURG. P A 17055 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DONNA L. HENRY 2237 ASPEN PLACE MECHANICSBURG, P A 17055 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) BOSCOV'S DEPARTMENT STORE, INC. P.O. BOX 4274 READING, PA 19606-0674 .. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 2237 ASPEN PLACE MECHANICS BURG, P A 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 ASPEN PLACE CONDOMINIUM C/O 2237 ASPEN PLACE MECHANICS BURG, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 24.2006 DATE t0JJ'~ DANIEL G. SCHMIEG QUIRE Attorney for Plaintiff .. DATE: January 25, 2006 CHASE MORTGAGE COMPANY-WEST, FIK/A MELLON MORTGAGE COMPANY vs. DONNA L. HENRY TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFFS SALE OF REAL PROPERTY OWNER(S): DONNA L. HENRY PROPERTY: 2237 ASPEN PLACE MECHANICSBURG, PA 17055 Improvements: Residential dwelling Judgment Amount: $76,514.19 CUMBERLAND COUNTY NO.04-780-CIVIL The above-captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on JUNE 07, 2006, at the Cumberland County Courthouse, South Hanover Street, Carlisle, PA at 10:00 a.m.. Our records indicate that you may hold a mortgage, judgment, or other interest on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. If you have any questions regarding the type of lien or the effect of the Sheriff's Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY, as we are not permitted to give you legal advice. The Sheriff will file a schedule of Distribution on a date specified by the Sheriff not later than 30 days after sale. 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Jf -'. <' 4 ~~ Si .;' g'~'8 . ~58~ . ~ 4'df ~, ~5~ ~; t: 'I - ~~.... g: . ~ '.1 '" - FITNEY D:l VI "t:S B ~ ~fCY - "'... 02 1A "~'- """$"01.900 0004309825 JAN 24 2006 . ,. . MAIlED FROM ZlPCOOE 19103 o>~ ......Q.~ CJ)Q.B n> ., n> = ~ ~ Q.",,= ~ Q. -~'"'C ~o::I: -....I'"'C~ ~~~ ~Q~ ~a~ ~ ~ t"""" o~Z c..CIl> '<: g. Z ~a.~ ~~O ~ CIl CIl po ~. ~n CIl::! ~ ft. $=) ~ ~ o t-< o ~ ;1 ~ 1 -... ~ -- -.. (") CO: i: ., ~ = C..::::J c:.r'" o -11 -~ :C., nl-- r- =-gEI3 en"'! I .,~~J ~.~l ') ~;-; -.:'0 () Ej,Ti ::;:4 ::6 -< L_ ~.:::: .....,:;.. I (J'\ N .. N " PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Chase Mortgage Company- West, f/k/a Mellon Mortgage Company ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County County Donna L. Henry No. 04-780-Civil Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on February 23,2004, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A", 2. Judgment was entered on March 30, 2004 in the amount of$76,514.19. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. A Sheriffs Sale of the mortgaged property at 2237 Aspen Place, Mechanicsburg, P A 17055 (hereinafter the "Property") was postponed or stayed for the following reasons: a) The Defendant filed a Chapter 13 Bankruptcy at docket number 04-05421 on September 7,2004. Plaintiff obtained relief from automatic stay by order of court dated February 25, 2005. A true and correct copy of the Bankruptcy Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". b) The Defendant filed a Chapter 13 Bankruptcy at docket number 1-05-05915 on September 6,2005, Plaintiff obtained relief from automatic stay by order of court dated January 3, 2006. A true and correct copy of the Bankruptcy Relief Order is attached hereto, made part hereof, and marked as Exhibit "D". 4. The Property is listed for Sheriff's Sale on September 6, 2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through 9/6/06 Per Diem $16.40 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIP/PMI NSF SuspenselMisc. Credits Escrow Deficit $71,484.35 16,598.85 59.00 2,600.00 1,637.00 2,711.73 300.50 95.00 0.00 0.00 0.00 4.231.46 TOTAL $99,717.89 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: (plea I&(; I Phelan Hallinan & Schmieg, LLP By: :iC~~ Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Chase Mortgage Company- West, flk/a Mellon Mortgage Company A TIORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County County Donna L. Henry No. 04-780-Civil Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 2237 Aspen Place, Mechanicsburg, PA 17055. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. ll. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. ID. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. IV. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request offive percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). The provision of the Mortgage which allows the Plaintiff to recover attorney's fees in the instant action is highlighted for the court's reference. In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. V. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments ~ 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958), Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117,282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co" 332 Pa. 545,2 A.2d 826 (1939). Because ajudgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Bums, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that ifit goes to sale without the requested amended judgment, and ifthere is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. 10 B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to confonn to the facts ofa case. 257 Pa. Super. 157,390 A.2d 276 (1978). 10 the within case, the amount ofthe original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms ofthe Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part ofthe mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: (, I e t&rt / By: Phelan Hallinan & Schmieg, LLP :k~ Attorney for Plaintiff .. .. Exhibit "A" FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHASE MORTGAGE COMPANY-WEST, F/KJA MELLON MORTGAGE COMPANY 3415 VISION DRNE COLUMBUS, OH 43219 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. ttf- L ~d ~ v. DONNAL. HENRY 2237 ASPEN PLACE MECHANICSBURG, P A 17055 CUMBERLAND COUNTY,...:> o g ~ c;: , ;- -4 ~,.. -r'l -r- -09;' (Tl m:D ?0~i; ~ :g$ -"c,. w 06 ~t~'~ -n ~=H Defendant(s) :~ ;~'? ::t: 2.f.6 ';'co( ; : "C0. CIVIL ACTION - LAW FEOERMA~~'..!~.?l}~i:~~.~ COMPLAINT IN MORTGAGE FORECLOS~OrNt:\ ;:gt:: l,~ j --< pI r t,f':; I: ~:;;- 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 TIllS 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 ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. We hereby cer til y thtt CUMBERLAND COUNlY within to be a true anOCUMBERLAND COUNlY BAR ASSOCIATION correct copy of the 2 LffiERTY AVENUE original filed of record CARLISLE, PA 17013 FEDERMAN AND PHELAN (717) 249-3166 . RMAN . ~~i{~~~\N FE~f1om~EY .t1~~U9Rfrf PlEASEht:\ nn File #: 88566 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHASE MORTGAGE COMPANY-WEST, FIKJA MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 A TIORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DNISION TERM Plaintiff NO. v. CUMBERLAND COUNTY DONNA L. HENRY 2237 ASPEN PLACE MECHANICSBURG, P A 17055 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 ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. We hereby certify tht} within to be a true and correct copy of the ~~~i~;~~i~;?~~,~;U~I.I\~1 CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 File #: 88566 File #: 88566 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TInS 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 THmTY (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 TIDS 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 TIDS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITIDN 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 TIDS 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. 1. Plaintiff is CHASE MORTGAGE COMPANY-WEST, F/KJA MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS,OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: DONNA L. HENRY 2237 ASPEN PLACE MECHANICSBURG, P A 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/29/1996 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PENNSYLVANIA STATE BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1311, Page 435. By Assignment of Mortgage recorded 1/2/98 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 565, Page 718. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2003 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 #: 88566 6. The following amounts are due on the mortgage: Principal Balance Interest 1 % 1/2003 through 02/20/2004 (per Diem $16.40) Attorney's Fees Cumulative Late Charges 03/29/1996 to 02/20/2004 Cost of Suit and Title Search Subtotal $71,665.80 2,345.20 1,225.00 88.59 $ 550.00 $ 75,874.59 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0.00 TOTAL $ 75,874.59 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose 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) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 75,874.59, together with interest from 02/20/2004 at the rate of$16.40 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FED ^:~HE~~ DERMAN, ESQUIRE LA CE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 88566 J\t.t. TlthT Ci:R.TAJ:ll tr;o:,ct of land situate in tbl! Tow"!!hip of Upper F.ll4.'n, Coun~]" of CutoberJ.rmd, and C~n_altb or Pennoylvania, b~in~i JQOro l~ticulerly dc~cr!bed as: un~T 12 ~~ "oF~n PlACC Condomin~u., th~ Deolaration ~or which condOJlliniWl\ ar.c found in the Offioe of the ROQorde-.:- o~ Deeds i.n and ~()~ Cumbc-=J.and County, Pennsylvania, iWI HiGcollanoo\l& Book 295 at p."lge 636. 1 I U'CI.UD-ltlG scpar~::'o ownership in the Crt.ntees becof 1.1 tbe dcsi9Ua.tecl commona~caof snid condominium as set 10rth in tb~ aforesaid d~claratioll$. THE a.Eoro:-,.-..id ur:tt i.s lmown {)llllce, H(~lIAnicsbur~, {tA. I UNOE'R AI~O SUBJECT, novcrthelor.s, to ?'; ,,,ay e.nd conditions of record~ ! and municipally numbered as 2237 Aspen a.ll . I I covenants; 1 I ~ar,~nts, right5 BRlHO tb~ same pr~nises which Donna L. Benry, Hor~g~9or, by Deed from Ivan D. r.arg~, to be recorded in the Office of tho Recordfl~ of OeedG in and ior Cumbel':land County, Pennsylvrolia. I PREMISES BEING: 2237 ASPEN PLACE. VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, . that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of18 Pa.. C. S. Sec. 4904 relating to unsworn falsifications to authorities. 0-~ ;:7~ Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: '2f2(J-(Jt;1 .. -. Exhibit "B" j<'EDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12Z48 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPmA, PA 19103-1814 (215) 563-7000 CHASE MORTGAGE COMPANY-WEST, FIKIA MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OR 43219 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION v. Plaintiff, FED!:::"... . t;;.HMJ.\I\j .. ... . .., . ArrORNEYFn.~~6~LA/~ PLEASE RETURN Y : . () S; <:~ ?i\> ~./ \ 0.) ,-;-~.': NO. 04-780-CIVIL DONNA L. HENRY Defendant(s). ~~:c .} .-:-. .~"'- :'~7{.:.../ PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO;:; ~~: ANSWER AND ASSESSMENT OF DAMAGES ~ -< TO THE PROTHONOTARY: ,....., c:::> c:::> ..x=- :It ':t""' ~ (....> o ~ :C:n ~~ :0 o ::3 .,..- _1.. 4-l 0- -:>"0 iSm '::..\ ';?: -J:!. -::.. ~ ::h. - - .- <.N Kindly enter an in rem judgment in favor of the Plaintiff and against DONNA L. HENRY. 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 Plaintiff's damages as follows: As set forth in Complaint Interest from 2/21/04 to 3/30/04 TOTAL $75,874.59 $639.60 $76,514.19 I hereby certify that (I) 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. FEDER.~. '1,;.: .; 9V,ra(\i ..04VlJ ...... . ArrO.'~Nf. V' FlJ {:;tJCHELAN bi,);LEASEo~.",OPY FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: I1'huuL ~q ~ ,. . >> . Exhibit "c" '. UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA INRE: Donna L. Henry BK NO: 1 04-05421 MDF Debtor CHAPTER 13 Chase Manhattan Company-West, flk/a Mellon Mortgage Company Movant v. Donna L. Henry Respondents ORDER MODIFYING SECfION 362 AUTOMATIC STAY AND NOW, at Harrisburg, in said District, upon Motion of Chase Manhattan Company-West, f/k/a Mellon Mortgage Company (Movant), and the filing ofa Certification of Default, it is ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 V.S.C. 362 is modified with respect to premises, 2237 Aspen Place, Mechanicsburg, P A 17055, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises. BY THE COURT, ?1~~~=:~ Date: February 25, 2005 This electronic order is signed and filed on the same date. .. " ~ .. . Exhibit "D" '. IN THE UNITED STATES BANKRUPTCY COURT FOR THE ~DDLE DISTRICT OF PENNSYLVANIA IN RE: Donna L. Henry Debtor Chapter No. 13 Chase Mortgage Company-West, f/k/a Mellon Mortgage Company Movant Bk. No. 1-05-bk-05915 v. Donna L. Henry 11 U.S.C. S362 Respondent ORDER MODIFYING S362 AUTOMATIC STAY Upon consideration of Motion of Chase Mortgage Company-West, f/k/a Mellon Mortgage Company (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. ~362 is modified with respect to premises 2237 Aspen Place, Mechanicsburg, PA 17055, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule Mortgage Company-West, immediately enforce and the automatic stay. 4001 (a) (3) is not applicable and Chase f/k/a Mellon Mortgage Company may implement this Order granting relief from By the Com"', Dated: January 3, 2006 ~~~~ This electronic order is signed and filed on the same date. . , VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. g4904 relating to unsworn falsification to authorities. DATE:~ Phelan Hallinan & Schmieg, LLP BY:~ Attorney for Plaintiff L_ .... ..., PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Chase Mortgage Company-West, f/k/a Mellon Mortgage Company A TIORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County County Donna L. Henry No. 04-780-Civil Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages and Brief in Support thereof were sent to the following individual on the date indicated below. Donna L. Henry 2237 Aspen Place Mechanicsburg, P A 17055 Phelan Hallinan & Schmieg, LLP DATE: 67/ ~IP I f By: Michele M. Bradford, Es Attorney for Plaintiff ,'l r-"" 0 e'~-'\ , , -Tl - ~--. (') -I ~ iJJ I' \ \.......J _.'~\ ... r-J ; ..- .-- ~1J .-~ r-.. -< CHASE MORTGAGE COMPANY-WEST, f/k/a MELLON MORTGAGE COMPANY, Plaintiff v. DONNA L. HENRY, Defendant ...... .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-780 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of June, 2006, upon consideration of Plaintiff's Motion To Reassess Damages, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 5 days of service. Michele M. Bradford, Esq. /HELAN, HALLINAN & SCHMIEG, LLP One Penn Center Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103-1814 Attorney for Plaintiff v60nna Henry 2237 Aspen Place Mechanicsburg, PA 17055 Defendant, pro Se :rc BY THE COURT, C\ f'(, () \9 D\i~ .......... I 0 : II 1!"1 I Z [!lli gOal . ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA PHELAN HALLINAN & SCHMIEG by: MICHELE M. BRADFORD, Esquire Atty. I.D. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Chase Mortgage Company-West, f/k/a Mellon Mortgage Company Court of Common Pleas Plaintiff Civil Division vs. Cumberland County County Donna 1. Henry No. 04-780-Civil Term Defendants CERTIFICATION OF SERVICE I, MICHELE M. BRADFORD, Esquire, hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of five (5) days after service has been served upon the following persons: Donna 1. Henry 2237 Aspen Place Mechanicsburg, P A 17055 Date: (p 12(; # f PHELAN HALLINAN & SCHMIEG, LLP By~ ./"'\~ Michele M. Bradford, Esquire Attorney for Plaintiff '-) I; ( (- T',) __1 ..,~" ...:..,IJ 23 C') PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Chase Mortgage Company- West, f/kJa Mellon Mortgage Company Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Donna L. Henry No.04-780-Civil Defendant MOTION TO MAKE RULE ABSOLUTE Plaintiff, Mortgage Electronic Registration Systems, Inc., by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Case absolute in the above-captioned action, and in support thereof avers as follows: l. That it is The Ptaintiff in this action. 2. A Rule was entered by the Court on June 19,2006 directing the Respondents to show cause why the Motion to Reassess should not be granted. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "A". 3. The Rule to Show Cause was timely served upon all parties on June 26, 2006 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certification of Service of the rule is attached hereto, and made a part hereof, and marked Exhibit "B". 4. Respondents failed to respond or otherwise plead by the Rule Returnable date of 5 days of service. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff Mortgage Electronic Registration Systems, Inc. 's Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP ~I Da Michele . Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. !.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Chase Mortgage Company-West, f/k/a Mellon Mortgage Company Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Donna L. Henry No.04-780-Civil Defendant BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on June 8, 2006. A Rule was entered by the Court on June 19, 2006 directing the Respondents to show cause why the Motion to Reassess Damages should not be granted. (See Exhibit "A".) The Rule to Show Cause was timely served upon all parties on June 26, 2006 in accordance with the applicable rules of civil procedure by Dauphin County Courthouse. Respondents failed to respond or otherwise plead by the Rule Returnable date of 5 days of service upon the Defendants. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. .~ I ~ /a1t- ~te PHELAN HALLINAN & SCHMIEG, LLP ~~ Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" - CHASE MORTGAGE COMPANY-WEST, f/k/a MELLON MORTGAGE COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW l?ONNA L. HENRY, ... Defendant NO:04-780 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of June, 2006, upon consideration of Plaintiff's Motion To Reassess Damages, a Rule is hereby issued upon Defendant to show cause .why the relief requested should not be granted. RULE RETURNABLE within 5 days of service. BY THE COURT, Michele M. Bradford, Esq. ~HE N, HALLINAN & SC EG, LLP ne Penn Center Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103-1814 Attorney for Plaintiff Donna Henry 2237 Aspen Place Mechanicsburg, P A 17055 Defendant, pro Se :rc . W~&lo Exhibit "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - PHELAN HALLINAN & SCHMIEG by: MICHELE M. BRADFORD, Esquire Atty. LD. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, P A 191 02-1799 (215) 563-7000 .. ... ,- --,... ~ --- A TIORNEY FOR PLAJNll.F~ AttORNEY FILE COPY PLEAS~ flETURN, . --. Cli;lse Mortgage Company- West, f/kJa Mellon Mortgage Company . ,.,.n..J;%i'....;~-:af.~.......~.~.~ Court of Common Pleas Plaintiff Civil Division vs. Cumberland County County Donna L. Henry No. 04-780-Civil Term Defendants o c c' "" = C~ 0' L. c:: .,b_ I'. ';<' CERTIFICATION OF SERVICE N -J ~ _",,"0 I, MICHELE M. BRADFORD, Esquire, hereby certify that a true and correct copy di:our S' Motion to Reassess Damages noting a Rule Return date of five (5) days after service haS<beeIto served upon the following persons: Donna L. Henry 2237 Aspen Place Mechanicsburg, PA 17055 , ,'~ <.---' ._.' ~.. -# PHEb...~=G,LLP By~ /"'\. ~~ .' 'Michele M. Br~ford~ E;qulreU Attorney for Plaintiff ~s~ et!do~ o -n -I I- r'" T1 lOp =gtS "-",1 '~j~:? ~~:}5 ':::--;:.rn ~-::i 5S .< VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff, in this action, that she is authorized to take this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. ~4904 relating to the unsworn falsification of authorities. " ~ Michele M. Bradford, Esquire Attorney for Plaintiff t Date . " PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Chase Mortgage Company-West, f/kJa Mellon Mortgage Company Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Donna L. Henry No.04-780-Civil Defendant CERTIFICATE OF SERVICE I hereby certifY that a true and correct copy of the foregoing Motion to Make Rule Absolute and Brief in Support thereof was served upon the following interested parties via first class mail on the date indicated below: Donna L. Henry 2237 Aspen Place Mechanicsburg, PA 17055 lP ~le M. Bradford,;::::;;6 Attorney for Plaintiff Date '- ~} --'n ~~ ('.- ,-;"1 ." C) CO' (; 'I PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Chase Mortgage Company-West, f/kJa Mellon Mortgage Company R::~EIVED jUL 12 "n~V " Attorney for Plaintiff ^v Court of Common Pleas Plaintiff Civil Division vs. Cumberland County No.04-780-Civil Donna L. Henry Defendant ORDER AND NOW, tbis (3 f!,day of:1u l'1 ,2006, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Respbndents sball be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED; and the Prothonotary is ordered to amend the judgment as follows: Principal Balance Interest Through 9/6/06 Per Diem $t6.40 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections AppraisallBPO MIPIPMI NSF SuspenselMisc. Credits Escrow Deficit $71,484.35 16,598.85 59.00 2,600.00 1,637.00 2,7t 1.73 300.50 95.00 0.00 0.00 0.00 4.231.46 TOTAL $99,717.89 Plus interest from 6/9/06 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. J. f 'b; (-., :f " t. Jr "" , "- -l: b U,) c..::' c;J ....- 0- ..::l' , ..... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY -WEST, FIK/A MELLON MORTGAGE COMPANY Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION DONNA L. HENRY Defendant(s). NO.04-780-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE, attorney for CHASE MORTGAGE COMPANY -WEST, FIK/ A MELLON MORTGAGE COMPANY hereby verifies that on JANUARY 24, 2006 true and correct copies of the Notice of Sheriff's Sale were served by certificate of mailing to the recorded lienholder(s) and any known interested party. ~ik' ~ D L G. SCHMIEG, ESQ Attorney for Plaintiff Date: JULY 27,2006 IMPORT ANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a renresentative of the olalntiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff Is not present at the sale. . ..... .-""- ~ - t ~ i=l p..; ~ ~ ~ ..... d~ .~ goo .~ .0 oo<;l)~ ~t-~ .Ai:ll ~Jl.s ~~~ 9~~ :!lu~ ~ij~ ~8~!::; ~ ~ "" t li"'''' ..~~ !"''!:' z<o "'" .",'" -"""" . 900l l>l NV~ Sl860Ct7000 -" 006" I.Q-", V~ lO ,q 1 ~~J!~ J!:'c'.!!l:;g' u~'" . 1\.8 ;:i 'fE~?>" ~ . l~ll'~ off \% ~^ j ~ 8 , '~~I .,.. ~ '- ,-:,.- I iL , "'t . " V' .'" ~ >l! ~. ::; ~ .. ~H~ '^ 0 'd ~ g.~ - '" ,... i~H - - . 11; 0 .0: ,... "" . , - hl~ ~ ~ n e:i ffi "ll] 00 ~ 1 .t ~ .~ .li '^ !l~@ 1'0 vi' '^ ~! 'a~ !;j' ,... g o i.a '<l .. - ~ '" ,... .0: ~ '<l ]..~H 'i' "" '<l ~ l:B il.1\.'~ ~ I:Q 0 ,p,@",~ 0 '<l "" '^ 0- dd~ '^ - I 0 ~ 0 .0: ~ ,... '^ "" 8 o~ r - or, ~ li~ ] ~ 0 ,... ~ - ~ ~ ~ ~ ;U~~ ~ ~ ~ ~ ~ ~Jjl~~ I:Q ~ '" ~ 00 .." - I I:Q ,... i g 00 '" I .. .~ ~ ~ "" ~ .~ ~ I:Q '" ~ ci ~ 0 ~ ~ ~ p.; ,... ! I '" ~ c.i '" ~ '" .l: i "" 8 ! ffi ~ II ~ "" ! "" ffi I g 00 ~ t; d . ~ '<t ~ ~ ,... ~ ~ ..... ~ ~ 00 ~ 00 "" '" ..... " ,... , ~ ~ '" M 1 ~ '" ~ 0 '" ..... ~ ~ i ~ ~ '" " - l ~ ~ ~ tj .~ f ~ A !ll ~o ...; S:l ~ 00 :s ....i ~'(j :E I ...l ~ ! t; "" .0: r .a- .0: ffi ~ ] 'S ~ ~ ~ ~ :zl ~ 00 "" U 0 00 :E z: A 0 I:Q .0: A "" .. .. ,g E " z .. j "G ~ U :=: :z " - '" '" .... .,.., '<l ,... 00 '" !! .S ...l ",. .i. (, "" :~ ." (,) -.-.1 t..::' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Federal Home Ln Mtg Copr is the grantee the same having been sold to said grantee on the 6th day of Sept AD., 2006, under and by virtue of a writ Execution issued on the 26th day of J an, AD., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 780, at the suit of Chase Mtg Co-West fka Mellon Mtg Co against Donna L Henry is duly recorded in Deed Book No. 276, Page 3739. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this :21 k day of , AD. r2 C/C) c; ecorder of Deeds Dttda, CumberIIncl Cculty. CIIIIII, PA Ellpirae lie Fill MoIldayof.lln.101O Chase Mortgage Company-West f/kJa Mellon Mortgage Company VS Donna L. Henry In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-780 Civil Term Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on March 10,2006 at 8:21 o'clock PM, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Donna L. Henry, by making known unto Donna L. Henry, personally, at 2237 Aspen Place, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Jessica Hermansen, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2006 at 1 :50 0' clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Donna L. Henry located at 2237 Aspen Place, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Donna L. Henry by regular mail to her last known address of2237 Aspen Place, Mechanicsburg, PA 17055. These letters were mailed under the date of April 06, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 06, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg for Federal Home Loan Mortgage Corporation. It being the highest bid and best price received for the same, Federal Home Loan Mortgage Corporation, of Foreclosure Unit, Mail Stop 61, P.O. Box 5000, Vienna, V A 22183-5000, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $793.09. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy $30.00 15.15 15.00 15.00 30.00 10.00 .50 1.00 18.48 3.09 15.00 Surcharge Postpone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed So Answers: 20.00 20.00 269.00 246.80 19.57 25.00 39.50 $ 793.09.;' lOJl) l/I 0 i 9- r~ ~~J R. Thomas Kline, ~enff~ . l' (" (( B y'" J] Q.A-~{ JV-tAL .... \-,,- Real Estate ergeant .A ., Jo . (fD (JJfl-P tf 1..rD CIf.... -; tf ,J1Y1 I?h./ iJ ~ g I y- ;. \ C~SEMORTGAGECOMPANY-WEST, .. FIK/A MELLON MORTGAGE COMPANY . CUMBERLAND COUNTY COURT OF COMMON PLEAS ; Plaintiff, v. CIVIL DIVISION DONNA L. HENRY NO. 04-780-CIVIL Defendant(s). AFFIDA VlT PURSUANT TO RULE 3129 (Affidavit No.1) CHASE MORTGAGE COMPANY-WEST. F/K1A MELLON MORTGAGE COMPANY, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .2237 ASPEN PLACE. MECHANICSBURG. P A 17055 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DONNA L. HENRY 2237 ASPEN PLACE MECHANICSBURG, P A 17055 2. Name and address ofDefendant(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 rei property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BOSCOV'S DEPARTMENT STORE, INC. P.O. BOX 4274 READING, PA 19606-0674 t -' , lit 4. Name and address of last recorded holder oP'every mortgage of record: Name Last Known 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 2237 ASPEN PLACE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 ASPEN PLACE CONDOMINIUM C/O 2237 ASPEN PLACE MECHANICSBURG, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 24, 2006 DATE DANIEL G. SCHMIEG Attorney for Plaintiff I , , CHASE MORTGAGE COMPANY-WEST, CUMBERLAND COUNTY FOOA MELLON MORTGAGE COMPANY Plaintiff, No. 04-780-CIVIL v. DONNA L. HENRY Defendant(s). January 24,2006 TO: DONNA L. HENRY 2237 ASPEN PLACE MECHANICSBURG, PA 17055 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY 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. 2237 ASPEN PLACE. MECHANICSBURG. PA 17055. is scheduled to be sold at the Sheriffs Sale on JUNE 07. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $76.514.19 obtained by CHASE MORTGAGE COMPANY-WEST. FIKlA MELLON MORTGAGE COMPANY (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: l. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) , YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out ifthis has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as ifthe sale never happened. 5 . You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 .. , LEGAL DESCRIPTION ALL THAT CERTAIN tract ofland situate in the Township of Upper Allen, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly described as: UNlT 12 of Aspen Place Condominium, the Declaration for which condominium are found in the Office of the Recorder of Deeds in and or Cumberland County, Pennsylvania, in Miscellaneous Book 295 at page 638. INCLUDING separate ownership in the Grantees hereof in the designated common area of said condominium as cot forth in the aforesaid declarations. The aforesaid unit is known and municipally numbered as 2237 Aspen Place, Mechanicsburg, P A. UNDER AND SUBJECT, NEVERTHELESS, to all covenants, easements, rights of way and conditions of record. TITLE TO SAID PREMISES IS VESTED IN Donna L. Henry by Deed from Ivan B. Karge, single man, dated 03/29/1996 and recorded 04/02/1996 in Deed Book 136, Page 1170. Being Known As: 2237 Aspen Place Tax Parcel: 42-29-2454-111 WRIT OF EXECUTION and[or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-780 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE MORTGAGE COMPANY-WEST, F/KJA MELLON MORTGAGE COMPANY, Plaintiff (s) From DONNA L. HENRY (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) Ifproperty 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. Amount Due $76,514.19 L.L. Interest FROM 3/30/04 TO 6/7/06 (PER DIEM - $12.58) - $10,051.42 AND COSTS Atty's Comm % Due Prothy $1.00 Arty Paid $1,356.04 Other Costs $7,039.00 Plaintiff Paid Date: JANUARY 26, 2006 (Seal) Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 44 On February 14,2006 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, P A Known and numbered as 2237 Aspen Place, Mechanicsburg, more fully described on Exhibit "A" Date: February 14,2006 By: do~ S 1/Vu;t~ ~ ~ ,..-::...-:\ ~~:.~ c:,.~ ''$! filed with this writ and by this reference incorporated herein. Real Estate Sergeant ES :b "if 1- 93.:1 qUUZ Vd 'A1NflOJ UNV'H:i38Wn3 .:l~1~3HS 3Hl JO 33/J.:lO . .i THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever smce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of April and the 3rd day(s) of May 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy SALE#44 s~;;;;;-;;";.;;d';~b~;~b.~~ ~J{;,r Jerry l. RusseU. Notary PubUc City of Harrisburg, Dauphin County My Commission Expires June 6, 2006 ,.l~Uf\n,,'M"".!'l":~" NOT. Y PUBLIC My commission expires June 6, 2006 ... CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 i.........w:r. ,~.. .. . ~.ia~I!ld~. ~.22:J1.~Mi " -i.M.!l> PA.' . I_.._~ ~-~il'(, ,- " PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA SSe COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: April 7, 14,21,2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. z -- SWORN TO AND SUBSCRIBED before me this 21 day of April. 2006 NOT AR At SEAL LOIS E. SNYDER, Notary Public Carlisle BOlO, Cumberland County 1,,'1," C,~n""l,,,,,,;(l"" r-'/l,,1ires March 5. 20O:~ , 1'1)' "...'1':'.'> 'OJ"-:).....,.!! ......, ":'" R&AL IC8TATE 8ALB NO. 44 Writ No. 2004-780 Civil Chase Mortgage Company-West f/k/ a Mellon Mortgage Company vs. Donna L. Henry Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Upper Allen, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly described as: UNIT 12 of Aspen Place Condo- minium, the Declaration for which condominium are found in the Of- fice of the Recorder of Deeds in and or Cumberland County, Pennsylva- nia, in Miscellaneous Book 295 at page 638. INCLUDING separate ownership in the Grantees hereof in the desig- nated common area of said condo- minium as cot forth in the aforesaid declarations. The aforesaid unit is known and municipally numbered as 2237 As- pen Place, Mechanlcsburg, PA. UNDER AND SUBJECT, NEVER- THELESS, to all covenants, ease- ments, rights of way and conditions of record. TITLE TO SAID PREMISES IS VESTED IN Donna L. Henry by Deed from Ivan B. Karge, single man, dated 03/29/1996 and re- corded 04/02/1996 in Deed Book 136, Page 1170. Being Known As: 2237 Aspen Place. Tax Parcel: 42-29-2454-111. ....----,~-------.,-~.-