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HomeMy WebLinkAbout01-1601FEDERMAN 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 CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff ATTOILNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ~)] ..-- CUMBERLAND COUNTY TERRY L. SOLA PATSY J. SOLA 1036 DOGWOOD LANE ENOLA, PA 17025 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECE1VED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED Ti) BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAI:NST 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 TH/S 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#:5700496070 Plaintiff is CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 The name(s) and last known address(es) of the Defendant(s) are: TERRY L. SOLA PATSY J. SOLA 1036 DOGWOOD LANE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 7/30/93 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MARGARETTEN AND COMPANY, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1154, Page 865. By Assignment of Mortgage recorded 1/12/94 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 463, Page 794. The premises subject to said mortgage is described as a~ched. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 9/1/00 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 8/1/00 through 3/1/01 (Per Diem $18.81) Attorney's Fees Cumulative Late Charges 7/30/93 to 3/1/01 Cost of Suit and Title Search Subtotal $94,675.10 4,006.53 4,000.00 247.63 550.00 $103,479.26 Escrow Credit 460.52 Deficit 0.00 Subtotal ($ 460.52) TOTAL $103,018.74 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 16g0.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibk "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 i_n rem Judgment against the Defendant(s) in the sum of $103,018.74, together with interest from 3/1/01 at the rate of $18.81 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. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Loan #5700496070 TERRY L SOLA 1036 DOGWOOD LN ENOLA PA 17025-0000 January 15, 2001 Certified Mail Return Receipt Requested RE: Loan #5700496070 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 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 enclosed pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. EXHIBITA Loan #5700496070 PATSY J SOLA 1036 DOGWOOD LN ENOLA PA 17025-0000 January 15, 2001 Certified Hail Return Receipt Requested RE: Loan #5700496070 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 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 enclosed pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HE~P) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a [[awyer. EXHIBffA TERRY L SOLA January 15, 2001 Page 2 LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION tNMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): TERRY L SOLA, PATSY J SOLA PROPERTY ADDRESS: i036 DOGWOOD LN, EAST PENNSBORO PA 17025-0000 LOAN NUMBER: 5700496070 Current Lender/Service: Chase Manhattan Mortgage Corporation H~OWNER'S Ef~RGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME 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. TF~OP~Y STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS IdEETING I~UST OCCUR WITHIN '£~ NEXT 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE~ YOU MUST BRIN[G YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT," EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. .EXHIBITA Certified Mail TERRY L SOLA January 15, 200t Page 3 CONS~R CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property 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 immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in 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 Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit 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 within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW Tltl~ OT-~:R TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE HAY PROCEED AGAINST YOUR NOME II~DIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth 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 T~E FILING OF A PETITION IN BANKRUPTCY, 'r.~: FOLLOWING PART OF THIS N(~ICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN A~-A~EMPT TO COLLECT T~ DEBT. (If you have filed bankruptcy you can still appl[y for Emergency Mortgage Assistance.) EXHIBITA TERRY L SOLA January 15, 2001 Page 4 ROW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATIIRE OF '£"~: DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1036 DOGWOOD LN, EAST PENNSBORO PA 17025-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Starting September 2000 through January 2001 at $966.34 per month. Total Monthly Payments Past Due Late Other Charges Fees $4,795.70 $176.69 $25.50 TOTAL AMOIRIT DUE TO CURE DEFAULT: $4,997.89 MOW TO CURE 'rmv; DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this Notice BY PAYING T~'. TOTAL AMOIR~T PAST DUE TO 'l'li~ LENDER, WHICH IS $4,997.89, PLUS ANY MORTGAGE PAYMENTS ~D LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to Chase Manhattan Mortgage Corporation. IF YOU DO NOT CIIRE '£[tg 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 that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. EXHIBITA Certified Mail TERRY L SOLA January 15, 2001 Page 5 IF -£~w. ~ORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before tlhe lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if the legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender sven if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the T~£RTY (30) DAY period, you will not be required to pay attorney's fees. OT~I~R LENDER ~IES - The lender may also sue 7ou personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE Tiff/ DEFAL~T PRIOR TO SltERIFF'S SALg - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due~ reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SNERIFF'$ SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged 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 will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT '£~ LENDER: Name of Lender: Chase Manhattan Mortgage Corporation Address: 3415 Vision Drive Columbus, OH 43219-6009 Phone Number: (800) 848-9380 Fax Number: (614) 422-5381 Contact Person: Scott Casteel EXH BITA TERRY L SOLA January 15, 2001 Page 6 EFFECT OF $~ERIFF'$ SAL~ - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sherif£'s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. AMSbI~PTION OF MORTGAGE - You might be eligible to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. To determine eligibility you must contact our office to verify the assumability of your property. YOU MAY ALSO HAVE T~g RIGMT: 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 IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Chase Manhattan Mortgage Corporation is attempting to collect a debt and any information obtained will be used for that purpose. Sincerely, FEDERAL NATIONAL MORTGAGE ASSOCIATION by Scott Casteel Loan Counselor Chase Manhattan Mortgage Corporation C-173/0496070B.112/Y2MCD/BREACH EXHIBITA Consumer Credit Counseling A~ency Notification To: Date: Name of Mortgagee: Address: In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by: Name of Applicant Address Telephone Number Mortgage Loan Number Address of property on which mortgage is in default~ if different from ak, ore. The counseling agency met with the above named applicant on , Date who have indicated that they are more than sixty (60) days delinquent on their mortgage payments and have received notification of intention to foreclosure from Name and Address of Mortgagee In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you that: i. If the delinquency cannot be resolved within the 30-day forbearance period as provided by law, the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's Emergency Mortgage Assistance. 2. By a copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has indicated as also having a mortgage on the property identified above. 3. It is our understanding that the 30-day forbearance period in which we are now in ends on 4. No legal action to enforce the mortgage may occur during this forbearance period, unless procedural time limits were not met by the homeowner. EXHIBITA PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REv. s/oo) CLINTON COUNTY COLUMBIA COL~TY CRAWFORD COUNTY Lycoming-Clinton Counties Commision for Community Action (STEP) 2138 Lincoln Street P.O. Box 1328 Williamspor~ PA 17703 (570) 326-0587 FAX (570) 322-2197 CCCS of Northeastern PA 201 Basin Street Williamspor% PA 17703 (570) 323-6627 FAX (570) 323-6626 31 W Market Street POB 1127 Wilk~-Barre, PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 8214785 Commission on Economics Opportunity of Lozeme County 163 Amber Lane Wilkes-Bun-e, PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665-~(Call Before Faxing) (570) 4554.994 H~zettown FAX (:570) 455-563 I-(Call Before Faxing) (570) 836-4090 Tunkhannoek Booker T. Washington Center 1720 Holland Center Erie, PA 16503 (814) 453-5744 FAX (814) 5749 John F Kennedy Center, Inc. 2021 East 20a~ Street Erie, PA 16510 (814) 898.0400 FAX (814) 898-1243 CCCS of Western Pennsylvania, {nc. 2000 Linglestown Road Harrisburg, PA I7102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 6~' Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Den~ Street Harrisburg, PA 17104 (717)232-9757 FAX (717) 234-2227 CUMBERLAND COUNTY CCCS of Northeasmm PA 1631 South Ather~on St., Suite 100 Sun~ Cotlegu, PA 16801 (814) 238-3668 FAX (814) 238-3669 1400 Abington Executive Park Suim 1 Clarks Summit. PA 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134-9135 Greater Erie Community Action Committee 18 West 9L~ Street Erie, PA 16501 (814)459-4581 FAX (814) 456-0161 Shenango Valley Urban League, Inc. 601 Indiana Avenue Farmll, PA 16121 (412) 981-5310 Financial Counseling Semices of Ftaxfldin 31 West 3'~ Sa'em Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 "G" Street Carlisle, PA 17013 ~ (717) 243-3818 FAX (717) 731-9589 Adan~ County Housing Authority t39-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX 334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 19!}9 EXHIBITA ALL THAT CERTAIN tract or parcel of land and l~,remi,~,'~" ''~ ' ' _ ~ ti,t,., ~y:,~ and being in the Township of East Pennsbor,, r,, ,.'ama,~.,and County, Pc,n.L~qv~mia, more l>U't~cular,y oounfled as follows: BEGINNING at a point on the southern right of way [ine o~' Dogwood Lane, a common corner of Lots Nos. 55 and 56 as shown on the hcrt:i~,after mentioned plan et' lots; thence ak~r:g Lot No. 56 South 11 degrees 06 minutes West, 125.00 feet to a point, a common corner of Lots Nos. 54, 55 and 56; thence along Lot No, 5,1. North 81 degree.~ 21 minules West. I25.00 feet to a point the eastern right of wa,/!/ne of ~e:nlock Lane, a comm<>l~ corner et Lots No. 54 and 55; rhenc~ along said right of way line and the southern right of ,ray li,c of Dogwood Lane along :t having a radius of 125 feet and an are. distailce of 201.69 feet [(~ :-t point on tN¢ sou-.~:ern :'igSr or' way line of Dogwood Lane, a common corner of Lot:: Nos 55 and 56. the pci::r an:~ place BEGI~ING. CONTATNING 12,.~6:square feet. BEING Lot No. 55 as shown on Firtal Subdivision PI>~,~ '4~ 5 of T:'--'.emont. praoared by D.P. Raffensberger Associates of Camp Hill, dated August 25. I9~7 and rec~rded St, premier' 2~,' 1~8,~' '~ in the Office of the Recorder of Deeds in and for Cumb~-rland Count,, ia Plan Boc:k 53, Page i49. UNDER A_ND SUBJECT to all conditions, restrictions and rights t>i' way of m'ier record. PREMISES: 1036 IX)GWOOD LANE VERII~ICATION RYAN L. REITMAJER, SR. hereby states that he is ASSISTANT SECRETARY of CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are tree and correct to the best of his knowledge, reformation and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to uns~vom falsification to authorities. DATE: FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CHAE MORTGAGE COMPANY WEST,F/I(JA MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 17025 Plaintiff VS. TERRY L. SOLA PATSY J. SOLA 1036 DOGWOOD LANE ENOLA, PA 17025 Defendant(s) Attorney for Plaimiff : CUMBERLAND COUNTY : : COURT OF COMMON PLEAS .. : CIVIL DIVISION : : NO. 01-1601-CIVIL TERM : _. : : : PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF ]DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff ~a~d against TERRY L. SOLA and PATSY J. SOLA, Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mc,rtgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest 3/1/01 TO 5/2/01 TOTAL $103,018.74 $1~185.03 $104,203.77 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. F]L~qK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: /fft~ 6/.~O'~/ ~:~' ~' ~ ~ - PRO PR~THY **THKS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL lie USED FOR THAT PURPOSE. IF YOU HAVE pREVIOUSLY RECEIVED A DISCIUkRGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE KS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATFEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY Plaintiff VS. TERRY L. SOLA PATSY J. SOLA : COURT OF COMMON PLEAS : CIVIL, DIVISION : CUMBERLAND COUNTY :NO.01-1601-CIVIL Defendant TO: DATE PATSY J. SOLA 1036 DOGWOOD LANE ENOLA, PA17025 OF NOTICE: APRIL 18 2001 FiLE COPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed 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 L1BERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELJtN, L.L.P. Frank Pederman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE MORTGAGE COMPANY WEST, : COURT OF COMMON PLEAS F/K/A MELLON MORTGAGE COMPANY : CIVIl, DIVISION VS. : CUMBERLAND COUNTY TERRY L. SOLA : NO. 01-1601-CIVIL PATSY J. SOLA Defendant (s) TO: DATE TERRY L. SOLA 1036 DOGWOOD LANE ENOLA, PA17025 OF NOTICE: APRIL 18 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. IMPORTANT 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 ! 7013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CHAE MORTGAGE COMPANY WEST,F/K/A MELLON MORTGAGE COMPANY Plaintiff VS· TERRY L. SOLA PATSY J. SOLA Attorney for Plaintiff : CUMBERLAND COUNTY : : Court of Common Pleas : : CIVIL DIVISION : : NO. 01-1601-CIVIL TERM VERIFICATION OF NON-MII,1T.4Ry SERVICE FRANK FEDERMAN, ESQUIRE, hereby vetifies that he is attomey for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge following facts, to wit: (a) that the defendant(s) is/are not in the Militmy or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended (b) that defendant TERRY L. SOLA is over 18 years of age and resides at 1036 DOGWOOD LANE, ENOLA, PA 17025· (c) that defendant PATSY J. SOLA is over 18 years of age, and resides at 1036 DOGWOOD LANE, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 rclati~t3 to unswom falsification to authorities. FRANK FEDERMAN Attomey for Plaintiff (Rule of Civil Procedure No. 236 - Revised) CHAE MORTGAGE COMPANY WEST,F/K/A MELLON MORTGAGE COMPANY TERRY L. SOLA PATSY J. SOLA Plaintiff VS. Defendant(s) : CUMBERLAND COUNTY : : Court of Common Pleas : : CIVIL DIVISION : NO. 01-1601-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on MAY ~ ,2001. By DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attomey for Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 56:t-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS 15 AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** FEDI~ N' AND PHELAN By: ~ .~. FEDERMAN Identi n No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff, V. TERRY L. SOLA PATSY J. SOLA Defendant(s)· CUMBERLAND COUNTY COURT OF COMMON PLEAS CI¥~IL DIVISION NO. 01-1601-CIVIL TERM PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against TERRY L. SOLA and PATSY J. SOLA, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 3/1/01 to 8/28/01 TOTAL 103,018.74 3,385.80 106,404.54 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy a~ ached. < F~kNK FEI~E] ~N, ESQUIRE At0omey for Pla ntiff ! DAMAGES ARE HEREBY ASSESSED AS INDICA~D. ,,-~" .f DATE: ~-IO ~0] (~LtA~ ~. - PRO PROTHY ~/~ O~ FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDy BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 ~215) 563-7000 CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY 3415 VISION DRIVE TERRY L. SOLA PATSY J. SOLA Plaintiff, Defendant(s). ATTOIRNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-1601-CIVIL TERM VERIFICATION OF NON-MILIT/LRy SERVICE FRANK FEDERMAN, ES QU/RE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, ihe has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant TERRY L. SOLA is over 18 years of age and resides at, 1036 DOGWOOD LANE, ENOLA, PA 17025. (c) that defendant PATSY J. SOLA is over 18 years of age, and resides at 1036 DOGWOOD LANE, ENOLA, PA 17025. ' This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Plai: 4AN, ESQUIRE ttiff (Rule of Civil Procedure No. 2.36) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY 3415 VISION DRIVE Plaintiff, TERRY L. SOLA PATSY J. SOLA Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-1601-CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on q-/6 20o . By:, If you have any questions concerning this matter, please contact: E ONE PENN CE/gTER AT SUBURBAN STATION 1617 JOHN 17. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. /F YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCENDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** IN RE: UNITED STATES BANKRUPTCY COURT FOR TIIE MIDDLE DISTRICT OF PENNSYLVANIA Terry L. Sola Patsy J. Sola Debtors Chase Mortgage Company-West f/k/a Mellou Mortgage Company Movant 'St', 'Ferry L. Sola Patsy J. Sola Respondents AND NO'V, this ] ~}l Bankruptcy No. 01-02575/~g.~ -. ~ ORI)ERI~,~. day of ['-)/~'~("('l , 2001, upon consideration of the IVIotion for Relief and Motion for DePault of Movant, Chase Mo~gkge Company-West, ffk/a Mellon Mortgage Company, it is hereby ORDERED that the Order for Relief be entered by default with respect to premises at 10.36 Dogwood Lane, Enola, PA 17025-2040 a/~a 1036 Dogwood Lane, East Pennsboro, PA 17025, to allow the Movant to foreclose on its mortgage, which mortgage was recordec~ in Cumberland Couuty, in Mortgage Book 115d, Page 865, to allow the Movant to foreclose on its mortgage, and allow the purchase of said premises at Sheriff's sale (or purchaser's assignee) to take any legal action for enforcement of its right to possession of said premises; and ORDEILED that Rule 4001 (a)(3) is not applicable ,'md Chase Mortgage Company- West, f/k/a Mellon Mortgage Company may immediately enforce and implement this Order granting relief from the automatic stay. Judith T. Romano, Esquire One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 By the Court: la' Rooert J. Woodsid~ Robert J. Woodside, Bankruptcy Judge Brian J. Tyler, Esquire 4719 North Front Street Harrisburg, PA 17102-2302 Markian R. Slobodian, Esquire (Trustee) 801 NOrth Second Street, P.O. Box 11967 tlarrisburg, PA 17108-1967 TerE. t L. Sola Patsy J. Sola 1036. Dogwood Enola, PA 170~$,2 5700496070 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY Plaintiff, TERRY L. SOLA PATSY J. SOLA Defendant(s). No. 01-1601 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 8/28/01 to 12/5/01 (per diem -17.49) TOTAL 106,404.54 */ 1,731.51 and Costs 108,136.05 ~Oelh~plfiF~,~tdl~3B.~lle~ard, Suite 1400 ~.ttomey for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern right-of-way line of Dogwood Lane, a common comer of Lots Nos. 55 and 56 as shown on the hereinafter mentioned plan on lots; thence along lot No. 56 South 11 degrees 06 minutes West 125.00 feet to a point, a common corner of Lots Nos. 54, 55 and 56; thence along Lot No. 54 North 81 degrees 21 minutes West 12:5.00 feet to a point on the eastern right-of-way line of Hemlock Lane, a common corner of Lots No. 54 and 55; thence along said right-of-way line and the southern right-of-way line of Dogwood Lane along a curve having a radius of 125 feet and an arc distance of 201.69 feet to a poi~,t on the southern right-of-way line of Dogwood Lane, a common comer of Lots Nos. 55 and 56, the point and plance of BEGINNING. CONTAINING 12,606 square feet. BEING Lot No. 55 as shown on Final Subdivision Plan No. 5 of Treemont, prepared by D.P. Raffensperger Associates of Camp Hill, dated August 25, 1987 and :recorded September 23, 1987 in the Office of the Recorder of Deeds in and for Cumberland County at Plan Book 53, Page 149. TAX PARCEL//09-13-0998-112 T~ITLE TO SAID PREMISES IS VESTED IN Terry L. Sola and Patsy L Sola, his wife by Deed from dated 07/30/93, recorded 08/03/93, in Deed'Book L, Volume 36, Pa.~e 186. CHASE MORTGAGE COMPANY WEST, FfK/A MELLON MORTGAGE COMPANY Plaintiff, TERRY L. SOLA PATSY J. SOLA Defendant(s). CL~IBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-1601-CML TERM 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, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for thc Writ of Execution was filed the following info~mation concerning the real property located at ~1036 DOGWOOD LANE~ ENOLA~ PA 17025. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) TERRY L. SOLA 1036 DOGWOOD LANE ENOLA, PA 17025 PATSY J. SOLA 1036 DOGWOOD LANE ENOLA, PA 17025 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAIVlE LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) YORK FEDERAL SAVINGS AND LOAN ASSOCIATION 101 S. GEORGE ST. YORK, PA 17405 MELLON BANK NA 10 S. MARKET ST. HARRISBURG, PA 17101 HOUSEHOLD REALTY CORPORATION 25 GATEWAY DRIVE, GATEWAY SQ., STE. 107 MECHANICSBURG, PA 17055 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 so indicate.) None 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 so indicate.) None Name and address of every other person 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 so indicate.) Tenant/Occupant 1036 DOGWOOD iLANE ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are 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 unswom falsification to authorities. August 28, 2001 DATE ~[t~o~r~ey for t aintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY Plaintiff, TERRY L. SOLA PATSY&SOLA Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-1601-CIVIL TERM CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. NK FEDERM/ANfE'SQUIRE :ney for Plaiv~iff CHASE.MOR'i'GAGE COMPANY WEST, F,q(JA MELLON MORTGAGE COMPANY Plaintiff, TERRY L. SOLA PATSY J. SOLA Defendant(s). CUMBERLAND COUNTY No. 01-1601-CIVIL TERM September 5, 2001 TO: TERRY L. SOLA 1036 DOGWOOD LANE ENOLA, PA 17025 PATSY J. SOLA 1036 DOGWOOD LANE ENOLA, PA 17025 **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 1036 DOGW(~OD LANE, ENOLA, PA 17025, is scheduled to be sold at the Sheriff's Sale on DECEMBER 5.~2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $106~404.54 obtained by CHASE MORTGAGE COMPANY V~EST~ F/FdA MELLON MORTGAGE COMPANY (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the MARCH 6, 2002 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SAI.F: To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you'must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You m~y 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 'IHE SHERIFF'S SAI,F. 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 if this has happened, you may call (717) 240-6390. ~ 4. If the mount due fi.om the Buyer is not paid to the ~henff, 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 thc full amount due is paid to the Sheriff and the Sheriffgives a deed to the buyer. At that'time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (I0) 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 TF, LEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL. HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE', CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Cotmnonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern fight-of-way line of Dogwood Lane, a common oomer of Lots Nos. 55 and 56 as shown on the hereinafter mentioned plan on lots; thence along Io[ No. 56 South II degrees 06 minutes West 125.00 feet to a point, a common comer of Lots Nos. 54, 55 and 56; thence along Lot No. 54 North 81 degrees 21 minutes West 12.'5.00 feet to a point on the eastern fight-of-way line of Hemlock Lane, a common comer of Lots No..'54 and 55; thence along ,said fight-of-way line and the southern fight-of-way line of Dogwood Lane along a curve having a radius of 125 feet and an arc distance of 201.69 feet to a point on the southern right-of-way line of Dogwood Lane, a common comer of Lots Nos. 55 an~ 56, the point and plance of BEGINNING. CONTAINiNG 12,606 square feet. BEING Lot No. 55 as shown on Final Subdivision Plan No. 5 of Treemont, prepared by D.P. Raffenaperger Associates of Camp Hill, dated August 25, 1987 and ~:ecorded September 23, 1987 in the Office of the Recorder of Deeds in and for Cumberland County at Plan Book 53, Page 149. TAX PARCEL//09-13-0998-112 ,/ TITLE TO SAID PREMISES IS VESTED IN Terry L. Sola and Patsy I. Sola, his wife by Deed from dated 07/30/93, recorded 08/03/93, in Deed'Book L, Volume 36, Pa.ge 186. RETURN - REGULAR SHERIFF'S CASE NO: 2001-01601 P COMMONWEALTH OP PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY WEST VS SOLA ERRY L ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT PORE was served upon SOLA TERRY J the law, DEFENDANT , at 0014:44 HOURS, at 1036 DOGWOOD LANE on the 28th day of March , 2001 ENOLA, PA 17025 PATSY SOLA (WIFE) by ihanding to a true and attested copy of COMPLAINT - MORT PORE NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.30 Affidavit .00 Surcharge 10.00 .00 37.30 Sworn and Subscribed to before me this // ~ day of ~ A.D. ~r6thonotary So Answers: R. Thomas Kline 03/29/2001 FEDERHAN & PHELAN By: ~i.D, ~put y Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2001-01601 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANy WEST VS SOLA ERRY L ET AL JASON VIOP~AL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SOLA PATSY J the DEFENDANT , at ~014:44 HOURS, on the 28th day of March at 1036 DOGWOOD LANE 2001 ENOLA, PA 17025 PATSY SOLA by kanding to a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing ~er 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 ~i~ ~[ A.D. P~o~honotary ~ So Answers: R. Thomas Kline 03/29/2001 FEDERMAN & PHELAN By: ?~- / ~{~puty- Sheriff PLAINTIFF DEFENDANT(S) AI~lqDAVIT OF SERVICE CHASE MORTGAGE COMPANY WEST, F/IiJA MELLON MORTGAGE COMPANY TERRY L. SOLA PATSY J. SOLA SERVE TERRY L. SOLA AT 1036 DOGWOOD LANE ENOLA, PA 17025 No. 01-1601 CIVIL TERM Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 5, 2001 SERVED Served and made l~own to ~-~ ~/ ~ ~{~ ,Defe~t,o,~e /~ ofPe~ylvama, ~ ~e ~er described below: Defen~t p~so~ly sc~cd. Ad~t fa~ly mc~cr ~ whom Defen~t(s) reside(s). Relafiom~p is _ Ad~t ~ c~ge of Defen~t(s)'s residence who re~scd to,give ~e or relafiom~p. Manger/Clerk of place of lodg~g ~ which Defend(s) reside(s). Agent or person ~ c~ge of Defen~t(s)'s office or us~l place of bus.ess. O~er: ~ officer of said Defcn~t(s)'s co~y. day of.. ~'~e~L' , 200__/, , Commonwealth Description: Age ~ Height 5~a Weight [~0 ace mt, Sex hi other I, ClOg~Mc~ ~' C~ ~ ' ~1 , a coherent ad.t, be~8 d~y sworn ~ccor~g to law, dmose ~d a ~e ~d co~ect copy of ~ No~ce of Sh~ep~ e-~- ;- -~ ....... ~ ~t I p~so~ly ~ded ............... o ~.,~ m mc manner as set ~o~ nerer~ ~ssued ~ the captioned c~e on ~e ~te ~d at · e ad&ess ~cated abov~ I ~r~lat S~k of ~, 200& ' [ Uy C~miss~n*Ex~r~ .... NOT SER~ o'clock __.m., Defendant NOT FOUND because: Vacant On the day of ,200__, at __ Moved __ Unknown__ No Answer Other: Sworn to and subscribed before me this ; day of ,200 _. Notary: By: .Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 · PLAIN'riFF DEFENDANT(S) AFFIDAVIT OF SERVICE CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANy TERRY L. SOLA PATSY J. SOLA SERVE PATSY J. SOLA AT 1036 DOGWOOD LANE ENOLA, PA 17025 No. 01-1601 CIVIL TERM Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 5, 2001 SERVED ' day of at.71/~ ,o'clock.~.m.,at [0~.~ ~o~oo~ ~--IJ,/ ~-~a(~ of Pennsylvauia, in the manner described below: , 200_t, Commonwealth ~Defendant persoually served. Adult family member with whom Defendant(s) reside(s). Relationship is [/~ ~2 ~ ~9 ~ M ~ Adult in charge - -- of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). = Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'~ company. Other: Description: Age ~ Height ,~._~,t Weight/d~ I,~, Race ~[ ;Sex /~( Other b~g 4, bOo I, ~'[~6' ~a ct ]~, C'8-~ ~ '~., a competent adult, being duly sworn according to law, a tree and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issueddep°se and state that I persoually handed in the captioned case on the date and at the address indicated abovf A N NE G NBOoT~AvR~A~ ~ "'S' ~E~*~ Lr~ [ before me this /~'r~ day/.. ~ ~urg~;. ~ ;:~xl~CotJ/f~ ! - LMY ~ommission Ex ~res O of ~/:,~,, 2oo ~ P' ~. 1[~1]~1 I NOT SERVED On the day of ,200__, at __ o'clock __.m_, Defendant NOT FOUND because: Moved __ Unknown No Answer _ Vacant Other: Sworn to and subscribed before me this. day of ,200 _. Notary: . By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 No.: 01-1601 CIVIL TERM VS. TERRY L. SOLA PATSY J. SOLA 1036 DOGWOOD LANE ENOLA, PA 17025 ~RAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY Kindly mark the judgment that was entered in the above captioned matter on May 4, 2001 vacated upon payment of your costs only. rank Federman, Esquire Attorney for Plaintiff August 28, 2001 FEDERMAN AND PHELAN by: Daniel G. schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 ATTOP~EY FOR PLAINTIFF CHASE MORTGAGE COMPANY WEST, : CUMBERLAND COUNTY F/K/A MELLON MORTGAGE COMPANY : COURT OF CO~94ON PLEAS vs. : CIVIL DIVISION TERRY L. SOLA PATSY J. SOLA : NO. 01-1601 RULE AND NOW, this ~ day of~~ 2001, a Rule upon TERRY L. SOLA & PATSY J. SOLA, Defendan~ (s} te sne',, ~ ~: Order for Reassessment of Damages should not be ~n~ RULE RETURNABLE FEDERI~N AND PHEI~ by: Daniel G. Scfunieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 7000 ATTOrnEY FOR PLAINTIFF CHASE MORTGAGE COMPANY WEST, : CUMBERLAND COUNTY F/K/A MELLON MORTGAGE COMPANY : COURT OF CO~4ON PLEAS vs. : CIVIL DIVISION TERRY L. SOLA PATSY J. SOLA : NO. 01-1601 ORDER AND NOW, this day of 2001, the Prothonotary is ORDERED to reassess the damages in this case as follows: Principal Balance Interest Amount 8/1/00 through 12/5/01 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit TOTAL 9,222.09 24 ? <3 4,000 00 0 00 0.00 2,529.41 $111,819.23 Plus interest per diem from 12/5/01 through Date of Sale at six (6%) NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'~ SALE COS?E AND COMHISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. BY THE COURT: percent. FEDEP~N AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 215 563-7000 CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY vs. TERRY L. SOLA PATSY J. SOLA ATTOrnEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF CO~ON PLEAS CIVIL DIVISION NO. 01-1601 PLAINTIFF'S PETITION FOR REASSESSM~NT OF DAMAGES Plaintiff, by its Attorney, Daniel G. Schmieg, Esqulie, /!o'~ s to direct the Prothonotary to reassess the damages in iin s [~t~ £, support thereof avers the following: 1. This is an action in Mortgage Foreclosure in which entered by default dated on AUGUST 28, 2001 in the amount of $106,404.54. 2. A Sheriff's Sale of the mortgaged premises was pos~pone~ ¢ ! ~ P/ ! for the following reasons: The Defendant(s} filed a Chapter 7 Bankruptcy (~01- 02575RJW) filed on MAY 3, 2001. Plaintiff obtained ~elier ~om { h ~.~{o'm~ ~ ' stay by the Order of Court dated JULY i9, 2001. 3. The mortgaged premises are lis~eo for ~herif~' ~ h~ ~ ~ ~ ~: 2001. 4. Additional sums have been incurred or expended on Defendant (s) behalf during the time the sale was postponed or stayed, and Defendant(s) have been given credit ~.9~ a~}' / ~.r~, made since the judgment, if any. The amount of damages sn.{ ~ d ~..~ : ! ~ follows: Principal Balance Interest Amount 8/1/00 through 12/5/01 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit TOTA~ 9,22~.0-t 24'7.63 4,000.00 1,131.00 0.00 14.00 0.00 0.00 2,529.41 $111,819.23 5. Under the terms of the mortgage, Plaintiff is entitled to inclusion of the figures set forth in paragraph four in the amount of judgment aqalnst the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess~es as~set forth above. Daniel G. Schmieg, ESQUIRE Attorney for Plaintiff -2- FEDERMANAND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 ATTOrnEY FOR PLAINTIFF CHASE MORTGAGE COMPANY WEST, F/K/AMELLON MORTGAGE COMPANY vs. TERRY L. SOLA PATSY J. SOLA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-1601 BRIEF OF LAW IN SUPPORT OF pLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Plaintiff and Defendant(s) Agreement, wherein Defendant(s) entered into a Promissory Note and Mortgage agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff's Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub judicia, Defendant(s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant (s) were cure the default and bring the loan current, Pl~in~i~£ Foreclosure Action. Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between 5ne Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sake date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, ancJ ct~eF expenses which Plaintiff has been obligated to pay under the Mortgaqe Agreement ~n order to protect its interest. II. ARGUMENT FOR~EASSESSMENT OF DAMAGES The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation..." In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon ~!elh~,~!' ~ ~ ~ ~ If the Court has the power to enter judgment, it certainly has the ~ ',^~ ' ~ a lesser act, to wit, reassess damages. It is settled law in Pennsylvania That ~he Cou~t may equitable powers to control the enforcemen~ of a judgment ~hd relief until that judgment is satisfied. 20 P.L.E., Judgments also, Stephensen v. Butts, 187 Pa. Super 55, 59, 142 A.2d 319, 321 {1958); Chase Home Hertqaqe Corporation of the Southwest v. Good, 537 A.2d 22, 2,~ (Pa.Super 1988). In Chase Home Hertqaqe, the Court stated that where a }utgment assessed following defendant's failure to file % respons~vo Because a judgment in mortgage foreclosure {s str~ c~ly ~ L n, ' that the judgment reflect those amounts expended by the PIa±n~L£i ~ ~ p~ ~ ~:,q See Meco Reality Company v. Burns. 414 Pa. 495, 200 A.2,.i 33 ~ the property. (1971). Plaintiff submits that if Plaintiff went 1:0 sale without [eass~ssln~l damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages amend the judgment to add additional sums due by vi~t ~i~: i: ' , !~ ~ ' : ~ . ' will not be detrimental liability. The Supreme Court of Pennsylvania found in the Landau v. Bank case that the debt owed on a mortgage whatsoever to Defendant(s) as it imputes no personal Western Pa. Nat. changes and can be expected to change from Pennsylvania must pay expenses for the property kn DFde- collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because d ri .rtg, j~ ~, : extinguished until the debt is paid, Plaintiff must p~orect ~ ~: .l :, i ~ ~ i until the date of sale. See Beckman v. Altoona TzusE Co., :.~, , ~t. I , 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement rights are delayed by legal proceedings and enforoeme.nt ol it the such delays require the mortgagee to expend additional sums pursuant to Mortgage, then said expenses become part of the mo~tgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the ,:na~ges enumerated in Plaintiff's Motion for Reassessmenh of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had net yet been paid, said charges should be included in Plaintiff's judgment amount. May Term, ie86, Ne. 2359 (CCP PBILA. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. W~EP, EFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. FEDERMAN AND PHELAN DANIEL G. SCHMIEG, ESQUIP. E FEDERAL NATION~%£ MORTGAGE ASSOCIATION JOSEPH JEFFERSON' an~. ROSIE JEFFERSON, his wife COUR? OF COMMON PLEAS PH!LADELP~IIA CODNTY CIVIL TRIAL DIVISION NO. 2359 ORDER AND OPINION wEiTE, J. '. ~ day of AND NOW, this upon ¢cnsidzTation of plaintiff, Federal National Mortgage ~socia=io'n's Petition for Reconsideration ~%unc Pro Tunc cf this Court's Order of November 7, 1985 an~ =he Answer th~rutO of Defe'hdant$, Joseph jefferson and Rosie jefferson, berehy'OR~E~D and DE,RED as'fo!lo~m: ~ . 1) said p~-on is GE~4TED; ' G~TED; .9. TM Because P!~in~iff was r~:q~'Ired ~o aC~:~pU currc:n~ ~r~gage paymenUs upo~ the f~.ling of.Defeqdant$' bankruptcy ~eti~ioh and in fact did mo, it is necessary no runsseS~ ju~g~nt by ~efaul= was' entored in ~:his action. Because Defendants have no~ refuted the specific amounts - 1 - by Plaintiff in the inszan% Mo%ion for Reassessmunt, this Court fin~s that Defcn~an=$ have a~ml~e,~ these amounts,, pu.-suan= to Pa. R.C.~.. L029(=). THE COURT: THOMAS A. · VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and tha~ ~ne statements made in the foregoing Petition for Reassessment of Damages are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subjec5 to the penalties of 18 Pa. C.S. ~4904 relating to unswo~n talsiticat~on to authorities. DATE: November 19, 2001 Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 C~ASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY vs. TERRY L. SOLA PATSY J. SOLA ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF CO~94ON PLEAS CIVIL DIVISION NO. 01-1601 AFFIDAVIT OF SERVICE Daniel G. Schmieg, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sen~ individuals indicated below on November 19, 200~. the TERRY L. SOLA PATSY J. SOLA 1036 DOGWOOD LANE ENOLA, PA 17025 DATE: November 19, 2001 Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY vs. TERRY L. SOLA PATSY J. SOLA ATTOP~Y FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COb~4ON PLEAS CIVIL DIVISION NO. 01-1601 PRA~CIPE FOR RULE TO SHOW CAUSE TO THE PROTHONOTARY: Kindly enter a Rule upon TERRY L. show cause why the attached Order for entered. SOLA & PATSY J. Reassessment of SOLA, Defendant(s) to Damages should not be Daniel G. Schmieg, Esqu~ re Attorney for ~iair~ti!f SALE DATE: DECEMBER 5, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY VS. TERRY L. SOLA PATSY J. SOLA No.: 01-1601-CWIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiffin the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information conceming the real property located at: 1036 DOGWOOD LANE, ENOLA, PA 17025. 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 Supplemental 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, t"~F]E~x~~ November 30, 2001 At~mey for Plainti~ CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY CUMBERi,AND COUNTY No.: 01-1601-CIVIL TERM VS. TERRY L. SOLA PATSY J. SOLA SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 2) 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 1036 DOGWOOD LANE, ENOLA, PA 17025: 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: NaiIle Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Narfle Last Known Address (if address cannot be reasonably ascertained, please indicate) CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY Plaintiff, TERRY L. SOLA PATSY J. SOLA Defendant(s). CU3,IBERLAND COUNTY COURT OF COMMON PLEAS CIV]EL DMSION NO. 01-1601-CIVIL TERM AFFIDAVIT PURSUANT TO RIFLE 3129 (Affidavit No. 1) CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COI~IPANY, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQLF/RE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1036 DOGWOOD LANE, ENOLA, PA 17025. Name and address of Owner(s) or reputed'Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) TERRY L. SOLA 1036 DOGWOOD LAN[; ENOLA, PA 17025 PATSY J. SOLA 1036 DOGWOOD LANE ENOLA, PA 17025 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above ~lame and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAIvlE LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of the last recorded holder of' every mortgage of' record: NAME LAST KNOWN ADDRESS (If address cannot be reason.ably ascertained, please so indicate.) YORK FEDERAL SAVINGS AND LOAN ASSOCIATION 101 S. GEORGE ST. YORK, PA 17405 MELLON BANK NA 10 S. MARKET ST. HARRISBURG, PA 17101. HOUSEHOLD REALTY CORPORATION 25 GATEWAY DRIVE, GATEWAY SQ., STE. 107 MECHANICSBURG, PA 17055 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 so indicate.) None Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NA/VlE LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, plea:se so indicate.) None Name and address of every other person 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 so indicate.) Tenant/Occupant 1036 DOGWOOD LANE ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 1711)5 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. August 28, 2001 DATE £or F aintiff FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 TERRY L. SOLA PATSY J. SOLA NO. 01-1601-CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO MARK JUDGMENT SATISFIEB TO THE PROTHONOTARY: Kindly mark judgment in the above captioned matter "Satisfied" upon payment of your costs only. .;,,/ / ,/ / FRANK FEDERMAN, ESQUIRE December 7, 2001 Chase Mortgage Company West f/k/a Mellon Mortgage Company VS Terry L. Sola and Patsy J. Sola In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-1601 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. SherifFs Costs: Docketing 30.00 Surcharge 30.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.50 Share of Bills 25.66 Mileage 11.50 Levy 15.00 Advertising 15.00 Certified Mail 1.40 Poundage 2000.00 Postpone Sale 20.00 Law Journal 302.60 Patriot News 225.60 $2,693.26 paid by attorney Sworn and subscribed to before me This JJ,,4 day of Prothonotary So Answers: R. Thomas Kline, Sheriff Real Estate Deputy ' CHASE MORTGAGE COMPANY WEST, F/I~A MELLON MORTGAGE COMPANY Plaintiff, TERRY L. SOLA PATSYJ. SOLA Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-1601-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHASE MORTGAGE COMPANY WEST~ F/K/A MELLON MORTGAGE COI~VIPANY, 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 infc,rmation concerning the real property located at ~1036 DOGWOOD LANE~ ENOLA~ PA 17025. Name and address of Owner(s) or reputed' Owner(s): NAM~ LAST KNOWN ADDR.ESS (If address cannot be reasonably ascertained, please so indicate.) TERRY L. SOLA 1036 DOGWOOD LANE ENOLA, PA 17025 PATSY J. SOLA 1036 DOGWOOD LANE ENOLA, PA 17025 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDR.ESS (If address cannot be reasonably ascertained, please so indicate.) Same as above ,Blame and address of every judgment creditor whose judgment is a record !ien on the real property to be sold: NAME LAST KNOWN AI)DR.ESS (If address cannot be reasonably ascertained, please so indicate.) None '4. Name and address of the last recorded holder of exrery mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) YORK FEDERAL SAVINGS AND LOAN ASSOCIATION 101 S. GEORGE ST. YORK, PA 17405 MELLON BANK NA 10 S. MARKET ST. HARRISBURG, PA 17101 HOUSEHOLD REALTY CORPORATION 25 GATEWAY DRIVE, GATEWAY SQ., STE. 107 MECHANICSBURG, PA 17055 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 so indicate.) None 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 so indicate.) None Name and address of every other person 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 so indicate.) Tenant/Occupant 1036 DOGWOOD LANE ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover :Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Walfar® PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities./~ ~-- f~-- ~ August 28, 2001 ~g J DATE ,r ~kNK i:'EVl ~ttorney for F ll~.,~d'q', ESQUIRE aintiff %,. ,: CL~RL~ COL~Y : No. 01A601-CINIL ~rERM September 5, 2001 pATSY $' sOLA 1036 DOGWOOD LANE TO; TERRY L. sOLA EI~IOLA, PA 17025 1036 DOGWOOD L~ ' ~ ~ ~m ~. BE USED r .... ~c NOT ~ r~.. ~ u~FoKCE~[~ ~ B~Urt~x~ TO COL~- TO BE ~ A'r t ~'~ ' 1025, is scheduled to be , _..~ ~.NOLA, PA 1 . - o~nnW Co~°use' ~ ~.~ ~GWOOD r'~'~~ ;~ the c~bert~?~'2~ a~ea bY . al estatO at ~uoo ~ 001 at 10:00 a.m. ,~ a $10~ ~}~ ,.~ -- - ~o~e Ce -~RKR~ . ~ ;uu .........f ~~ km~ gou~ H~°ve~ ~ -o~ cOM~oned, ~e pt~w ~ ~g~t ~oU. ~ .... 6, 2002 Sh~tYs ~m~' To preyer ~s Sheriffs Sge, you m~t ~e '~ mo~gagee ~e back pa~ents, late c~celled if you pay to the ~d out how much you~ust pay, ~e sale will be due. To 1. costs ~d re~onable a~omey's fees , · 215 563-7000. -,.;~ ~e Co~ to s~ke call. ~ ...... etition ~ · ~k ~e ~, he able to stop m~ ..... ~rl~ ~terea. ~ '2. jud~ent, xx ~e ~ ~ pos~one ~e s~e for good cause. . you may ~so be able to stop ~e s~e ~ou~ o~ legal proceed~gs. You may need an attorney to assert yodr right~. 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 S[IF. RIFF'S S3! ~F, DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property wilL1 be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At thaPtime, 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 LEGA& HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 170113 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Co~monwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern right-of-way line of Dog-rood Lane, a common corner of Lots Nos. 55 and 56 as shown on the hereinafter mentioned plan on lots; thence along lo[ No. 56 South I 1 degrees 06 minutes West 125.00 feet to a point, a common corner of Lots Nos. 54, 55 and 56; thence along Lot No. 54 North 81 degrees 21 minutes West 125.00 feet to a point on the eastern right-of-way line of Hemlock Lane, a common corner of Lots No. 54 and 55; thence along ,said right-of-way line and the southern right-of-way line of Dogwood Lane along a curve having a radius of 125 feet and an arc distance of 201.69 feet to a po~t on the sow~hern right-of-way line of Dogwood Lane, a common corner of Lots Nos. 55 and 56, the point and plance of BEGINNING. CONTAINING 12,606 square feet. BEING Lot No. 55 as shown on Final Subdivision Plan No. 5 of Treemont, prepared by D.P. Raffensperger Associates of Camp Hill, dated August 25, 1987 and recorded September 23, 1987 in the Office of the Recorder of Deeds in and for Cumberland County at Plan Book 53, Page 149. TAX PARCEL #09-13-0998-112 TITLE TO SAID PREMISES IS VESTED IN Terry L. Sola and Patsy ~. Sola, his wife by Deed from dated 07/30/93, recorded 08/03/93, in Deed'Book L, Volurae 36, Page 186. WRIT OF EXECUTION ~nd/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUHBERLAND COUNTY: To satisfy the debt, interest and costs dueCHASE HORTGAGE CO WEST, CO. NO, 01-1601 CIVIL 19 CIVIL ACTION - LAW FKA MELLON MORTGAGE PLAINTIFF(S) from TERRY L. AND PATSY J. SOLA, 1036 DOGWOOD LANE, ENOLA PA 17025. DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Real estate located at 1036 Dogwood Lane, Enola PA 17025. (See attached 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/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone olher than a named garnishee, you are directed to notify him/her that he/she has been ad(fed as a garnishee and is enjoined as above stated. Ameunt Due $106,404.54 LL $. 50 ~i?.49 per die.i, Interest 8/28/01 - 12/5/01 $1,731.51 Atty's Comm % Atty Paid $134.30 Due Prothy $1.00 Other Costs CURTIS R. LONG Plaintiff Paid Date: g~p~mber 10. 2001 REQUESTING PARTY: Name Frank Federman, by: Esq. Address: 1617 JFKBlvd, Ste 1400 Philadelphia PA 19103 1814 A~orneyfor: Plaintiff ~lephone: (215) 563 7000 Prothon(~ary, Civil Division Deputy Supreme Court ID No. 12248 '~ t~'~L gSTATE SALE No. ~ On September 17, 2001, the sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, known and numbered as 1036 Dogwood Lane, Enola, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 17, 2001 By: Real Estate Deputy