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HomeMy WebLinkAbout01-4717FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHiLADELPHIA, PA 19103-1814 (215) 563-7000 MELLON PROPERTiES COMPANY 6000 ATRIUM WAY, MS SV-01 MT LAUREL, NJ 08054 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DiVISION TERM NO. ~/- CUMBERLAND COUNTY WESLEY G. SCHOCK KAREN L. SCHOCK 3029 MAYFRED LANE CAMPH1LL, PA. 17011 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FiND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 010788602 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 WAlT 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. Plaintiff is MELLON PROPERTIES COMPANY 6000 ATRIUM WAY, MS SV-01 MT LAUREL, NJ 08054 The name(s) and last known address(es) of the Defendant(s) are: WESLEY G. SCHOCK KAREN L. SCHOCK 3029 MAYFRED LANE CAMPHILL, PA. 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 4/28/94 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MELLON BANK, NA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1212, Page 472. PLAINTI]YF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 3/1/01 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." The following amounts are due on the mortgage: Principal Balance Interest 2/1/01 through 8/1/01 (Per Diem $15.92) Attorney's Fees Cumulative Late Charges 4/28/94 to 8/1/01 Cost of Suit and Title Search Subtotal $65,514.34 2,897.44 3,275.00 163.24 550.00 $72,4OO.O2 Escrow Credit 641.96 Deficit 0.00 Subtotal ($ 641.96) TOTAL $71,758.06 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. This action does not come under Act 6 of 1974 because the orig/nal mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $71,758.06, together with interest from 8/1/01 at the rate of $15.92 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. /s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM DATE: June 12, 2001 TO: ~,\ esle.,, G. Schock 3029 Mayfred Lane Camphill. PA 1"011 FORECLOSURE Katen L. Schock 3029 Mayfred Lane CamphilI. PA I-'01 I THIS FIKM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFOP~MATION OBTAIN'ED FROM YOU WILL BE USED FOR THAT PLT-.POSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE rN BANKRUPTCY. THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASS STANCE PROGRAM (HEMAP) may be ab e o help to sa~c your home. This Notice explains how the pro,ram works. To see if HEMAP can help. vou must MEET WITH A CONSL:MER CREDIT COUNSELING -XGENCY \VITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice wdh xou xxl3en_ iou meet the Counselin~ A~eno,. The name. address and phone number of Consumer Credit Counselinq A~encies servimz ,.'our Count,,' are hsted at the end of this Nonce If you have an,~ questions. ,,ou ma,, call the Peims;'lvama Hous~no__ Finance Aeencv toll free at 1-800-342-2397 (Persons with impaired hearina can call (717) 780-18691 This Notice contains important legal information. If you have any' questions, representatives at the Consumer Credit Counseling Agency ma.,.' be able to help explain it You naa>' also x;ant to contact an auomey in your area The local bar association rna>' be able to help you find a LA NOTIFICACION EN ADJL%'TO ES DE SUMA IMPORTANCiA. PL'ES AFECTA SL' DERECHO .~. CONTINUAR VI\ IENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENG~. UNA TIL~Dt'CCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEG1BLE PARA L.~ PRESTAMO POR EL PROGR.4. MA LLAMADO -HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDESALVARSUCASADELAFERDIDA DELDERECHOAREDIMARSUHIPOTECA. EXHIBIT A STATEMENTS OF POLIC~ HOMEOWNER'S NAME(S): Wesley G. Schock and Karen L. Schock PROPERTY ADDRESS: 3029 Mayfred Lane. Camphill, PA 17011 LOAN ACCT NO: 0010788602 OR1GINAL LENDER: Cendant Mortgage Corporation CURRENT LENDER, SERVICER: Cendant Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH C~.N SAVE '~ O['R HO\IE FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"). YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of arrange and attend a face-to-face meeting with one of the consumer credit coanseling agencies Ii,ted al tile eod of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT {30} DAYS IF YOL DO NOI APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CUREYOLR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COL,VNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this nonce the lender ma,,' NOT take action againsl you for thinx (30) days after the date of this meetina The names, addresses and telephone numbers of desiznated consumer credit counseling aeencies for the county in which the properw is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender irranediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so. you must fill out. sign and file a completed Homeowner's Emergenc.x Assistance Program Application with one of the designated consumer credd counseling agencies listed at the eod of thi~ Notice. OP, b con~unlc~ c~cdiI counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency Your application MUST be filed or postmarked v.'ithin thirty (30) days of your face-to-face meeting. 501: MUST FILE YOL'R APPLICATION PROMPTL5. IF 5Ol FAIL TO DO SO OR IF YO[' DO NOT FOLLOW THE O I'HER TIME PERIODS SET FORIH IN IHIS LE 1'1 ER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. a, GENCY ACT1ON-Axailable fonds tb~ emergent5 mortgage assistance are ~er? limited Tile>' w/Il be disbursed by the Agency under the eligibdity criteua established by the Act. The Pem~-.vqx a.nia Housing EXHIBIT A Finance Agency has sixty (00) days to make a decision after it receives your application. During that time. no tbreclosure proceedings will be pursued against you if you have met the time reqmrements set torth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brino~ it up to date) NATURE OF THE DEFAULT-The MORTGAGE den held b,, the a¼ox c lender on xtlttl pl,~l, cllk 1o, :ll:d at: 3029 Mayfred Lane. Camphill, PA 17011 IS SERIOUSL'~ IN DEEAUL 1 because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are nov,, past due: Start'End: 4/1/01 thru 6/1/01 at $747.40 per month. Monthly Payments Plus Late Charges Accrued $2.381.10 NSF: $0.00 Inspections $000 Other: $30.60 I Suspense): 5249 14 Total amount to cure default $2.162.56 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,161.56, PLUS ANY MORTGAGE PAYMENTS ANrD LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either bv cash. cashier's check, certified check or money order made payable and sent to:Cendant Mortgage Corporation, 6000 Atrium Wa)', MT. Laurel. NJ 08054, Attention: Collections Department. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter, (Do not use if not applicable.) NA. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice. the lender intends to exercise its rights to accelerate the mortgage debt. This means chance to pay the mortgage m monthly installments, if full payment of the total amount past due is not made within THIRTY (30I DAYS. the lender also intends to instruct :ts attorney to start legal acuon to IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriffto pay olt the mortgage debt II'the lcndel refers yom case to ~ts attorneys, bur you cure the delinqoency belble the lender begins legal proceedings against you. you will still be required to pa.'. the reasonable attorn% ~ fees that were actually incurred, up to $50,00. However. if legal proceedings are started against you, you ~kill have to pa.', all reasonable attorney's fees actuall5 incurred by the lender even if they exceed $50.00. An5 attorney's lkes ~ill be added to the amount you ou.e lender, which may also include other reasonable costs If you cure the default within the THIRTY {30) DAY period, you will not be required to pay attornex's tees OTItER LENDER REMEDIES-The lender ma.,, also sue you personally for the unpaid prmcipaI balance and ail other sums due under the mortgage RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALF-If you have not cured the default v, ithin the THIRTY (30) DAY period and foreclosure proceedings have begun, you still bTavb the right to EXHIBIT A cure the default and prevent the sale al an,. t~me up to one hour before the SheriiTs Sale Youmu', doso bv pavin~ the total amount then past due. plus any late or other charues then due. reasonable attorne'~ 's fees and costs connected with the foreclosure sale and any_ other cost~ c~o~ylected ~ith ~h_~ SheritT~ ~a]e a~ specified lu \krltln.~ by the lender and b; perlorn~n~ any other requu'enlents under the mortaa2e Curing your defauh in the manner set forth in this nonce ,,,,ill restore ~our mortga? 1o the ~ame po-,m,3n a'~ ifx~m i~ad nexer defaulted EARLIEST POSSIBLE SHERIFF'S SALE DATE-h is estimated that the earliest date that such a SheritTs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale Of course. the amount needed to cure the default wall ~ncrease the longer you v,a~t You ma5 find out at an?, nme exactly ','hat the required payment or action xxill be by contacting the lender. HOW TO CONT-~,CT THE LENDER Cendant Mortgage Corporation O000 Atrium ~:ay. MT. Laurel. NJ 08054 Tel: (800) 330-0423 Attention: Collections Department EFFECT OF SHERIFF'S SALE-You should realize that a SherifFs Sale will end your ownership of the mortgaged property and your right to occupy it, If you continue to live in the properD' after the SherifFs Sale. a lay, suit to remove you and your furnishings and other belongings could be started by the lender at any time &SSI'MPTIONOFMORTG~-GE-Tou ma~ ot N ma3 nm ICHECK ONE/ sell or transt*e~ your home to a buyer or transferee v. ho ;',ill assume the mortgage debt, provided that all the outstanding pa.',ments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOL' MAY AI SO HAVE THE RIGHT · TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF · TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION .AS It: NODEI:\L L¥11.\D OCCURRED. iF YOU CURE THE DEFAULT. /HOWEYER, YOU NOT HAVE THIS RIGHI f© CURE YOUR DEFAULT 3,lORE THAN THREE TIMES IN ANY CAI ENDAR ;'E a,R / · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR AN',' OTHER LAWSUIT INSTITUTED LqNDER THE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER · TO SEEK PROTECTION L~'DER THE FEDERAL BANKRUPTCY LA\\. CONSUMER CREDIT COL~SELING AGENCIES SERVING YOUR COUNTY 1S ATTACHED Very truly yours. Aim: Collections Department Account No: 0010788602 Mailed by 1~ Class mail/Certificate of Mailing and Certified Mail No: 7106 4~75 1294 3599 8733 EXHIBIT A PENNSYLVANIA HOUSING FINAaNCE AGENCY HOMEOWNER'S EM. ERGENCY ASSISTANCE PROGI~uM CONSUMER CREDIT COUNSELING AGENCIES O~V. ~/oo) CLINTON COUNTY ~:OLUMB~A COUNTY (~RAWFORD COUNTY Lycoming-Clinton Counue~ Commision for Community Acraon (STEP) 2138 Lincoln S~[ PO Box 1~28 (570) 326~587 F~X (570) 3~-2197 CCCS of No~e~tem PA 201 B~in Su~t (570) 826~510 or (g00) 822~359 (570) 455~994 H~lm~ F~ (570) 455-563 I~C~I B~tog F~ng) (814) 453-57~ F~X (8[4) 5749 (814) a98~00 F~X (814) 898-1243 (717) 234-5925 F~X (7 [ 7) ~4-9459 Co~uni~ Action Co~ of~g C~i~ R~on rMB RL ND L'NTY CCCS of Northeastern PA 1631 South Ath~n SL, Suite 100 State College, PA 16801 (814) 238-3668 FAX (814) 238-3669 1400 Abington Executive pa~k Suite [ Clar~ Summit, PA 1841 [ (570) 587-9163 or (gOO) 922-9537 FAX (570) 587-9134-9135 Greater Erie Community Action Committee Erie, PA 16501 (814)459-4581 F~.X (814) 456-0161 Shenango Valley Urban League, In¢ 60I Indiana Avenue Far. Il, PA 16121 (412) 981-5310 Financial Counseling Services of Franldin 31 West 3'~ Slxeet Way~esboro, PA 17268 (717) 762-3285 Y3~VCA of Carlisle 301 'G" Sueet C~l~tc, PA 17013 t (717) 243-3818 F~X (717) 731-9~89 Ad~s Coun~ Ho~ing Au~od~ 139-143 C~liste SL G~sburg PA 17325 (717) 33~-1518 F,~ 33~-8326 PENNSYLVANIA BULL~ ~ z~, VOL. 29, NO. 23, J~NE 5. 1999 XHIBIT A VERIFICATION MARK HI1NKLE hereby states that he is V.P. of CENDANT MORTGAGE SERVICES mortgage servicing agent for PIaintiffin this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are tTue and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. SHERIFF' S RETURN - REGULAR CASE NO: 2001-04717 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MELLON PROPERTIES CO VS SCHOCK WESLEY G ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SCHOCK WESLEY G the DEFENDD. NT , at 1505:00 HOURS, at 3029 MAYFRED LANE CAMP HILL, PA 17011 KAREN SCHOCK on the 16th day of August , 2001 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 18.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 37.75 Sworn and Subscribed to before me this 3m~ day of ~ ~Zz~! A.D. ! / Prothonotary So Answers: R. Thomas Kline 08/17/2001 FEDERMAN & PHELAN SHERIFF'S RETURN - REGULAR CASE NO: 2001-04717 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MELLON PROPERTIES CO VS SCHOCK WESLEY G ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon SCHOCK KAREN Lthe DEFENDANT , at 1505:00 HOURS, at 3029 MAYFRED LANE on the 16th day of August , 2001 CA24P HILL, PA 17011 KAREN SCHOCK 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this No ~ day of ~--~,~-~ ~'~( A.D. ! Prothonotary ' So Answers: R. Thomas Kline 08/17/2001 FEDERMAN & PHELAN FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 MELLON PROPERTIES COMPANY 6000 ATRIUM WASY, MS SV-01 MT LAUREL, NJ 08054 VS. WESLEY G. SCHOCK KAREN L. SCHOCK 3029 MAYFRED LANE CAMPHILL, PA 17011 Plaintiff Defendant(s) Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DMSION PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THEPROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against WESLEY G. SCHOCK and KAREN L. SCHOCK, Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest 8/1/01 TO 9/20/01 $71,758.06 811.92 TOTAL $72,569.98 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~_ **THIS FIRM IS A DEBT COLLECTOR ATfEI~rFING 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 REAFFIPaMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A'I~EMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** FEDERMAN AIWD PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 MELLON PROPERTIES COMPANY Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY vs. WESLEY G. SCHOCK KAREN L. SCHOCK : NO. 01-4717 Defendant (s) TO: WESLEY G. SCHocK 3029 MAYFRED LANE CAMPHILL,PA 17011 DATE OF NOTICE: SE T R 6 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT pURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE. PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAlq AND PHELAi~ Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 MELLON PROPERTIES COMPANY Plaintiff VS. WESLEY G. SCHOCK KAREN L. SCHOCK ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND cOUNTY : NO.01-4717 Defendant TO: KAREN L. SCHOCK 3029 MAYFRED LA~E CAMPHILL, PA 17011 DATE OF NOTICE: ~ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN B/~NKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMP R ANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10} days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman,Esquire Attorney for Plaintiff SHERIFF'S RETURN - CASE NO: 2001-04717 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MELLON PROPERTIES CO VS SCHOCK WESLEY G ET AL KENNETH GOSSERT REGULAR Cumberland County,Pennsylvania, says, the within COMPLAINT - SCHOCK WESLEY G , Sheriff or Deputy Sheriff of who being duly sworn according to law, MORT FORE was served upon the DEFENDANT , at 1505:00 HOURS, on the 16th day of August at 3029 MAYFRED LANE , 2001 CAMP HILL, PA 17011 KAREN SCHOCK 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 18.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 37.75 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 08/17/2001 FEDERM~2~ & PHELJ~Iq By: Prothonotary SHERiFFIS RETURN - REGULAR CASE NO: 2001-04717 P cOMMONWEALTH OP pENNSYLVANIA: COUNTY OF cUMBERLAND MELLON PROPERTIES CO VS SCHOCK WESLEY G ET AL KENNETH GOSSERT ' Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon SCHOCK KAREN L Sheriff or Deputy Sheriff of who being duly sworn according to the law, DEFENDANT , at 1505:00 HOURS, at 3029 MAYFRED LANE CAMP HILL, PA 17011 KAREN SCHOCK on the 16th day of ~ugust by handing to 2001 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 0s/17/200 FEDERMAN & PHELAN By: Prothonotary FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215'} 563-7000 MELLON PROPERTIES COMPANY Plaintiff VS. WESLEY G. SCHOCK KAREN L. SCHOCK Defendant(s) Attomey for Plaintiff : CUMBERLAND COUNTY : : Court of Common Pleas : : CIVIL DIVISION : : NO. 01-4717 : ._ _. VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Rehef Act of Congress of 1940, as amended (b) that defendant WESLEY G. SCHOCK is over 18 years of age and resides at 3029 MAYFRED LANE, CAMPHILL, PA 17011. (c) that defendant KAREN L. SCHOCK is over 18 years of age, and resides at 3029 MAYFRED LANE, CAMPHILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN Attomey for Plaintiff (Rule of Civil Procedure No. 236 - Revised) MELLON PROPERTIES COMPANY Plaintiff VS. WESLEY G. SCHOCK KAREN L. SCHOCK Defendant(s) : CUMBERLAND COUNTY : Court of Common Pleas : CIVIL DIVISION : NO. 01-4717 Notice is given that a Judgment in the above captioned matter has been entered against you on SEPTEMBER ~ I ,2001· If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT pLrRPOSE. 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. **