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Home My WebLink About01-1602FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT ,DF COMMON PLEAS CIVIL DIVISION CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, O14 43219 Plaintiff LISA E. MILLER 517 SPRINGHOUSE COURT HARRISBURG, PA 17111 TERM No. CUMBERLAND COLrNTY Defendant(s) CIVIL ACTION - LAg' 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 #: 5802091038 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: LISA E. MILLER 517 SPRINGHOUSE COURT HARRISBURG, PA 17111 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 1/I9/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is :recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1428, Page 424. 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 12/1/00 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 11/1/00 through 3/1/01 (Per Diem $15.91) Attorney's Fees Cumulative Late Charges 1/19/98 to 3/1/01 Cost of Suit and Title Search Subtotal $81,482.69 1,925.11 4,000.00 84.90 550.00 $88,042.70 Escrow Credit 342.05 Deficit 0.00 Subtotal ($ 342.05) TOTAL $87,700.65 10. The artorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event ora 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. § 1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." This action does not come under Act 91 of 1983 because the mortgaged premises is not the principal residence of the defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $87,700.65, together with interest from 3/1/01 at the rate of $15.91 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 FEDEPdVIAN, ESQUIRE Attorney for Plaintiff RECO~D AND RETUltN TO: ME.,LLO~MORTGAGE COb~ANY F. O. BOX 4883 HOUETON, TEXAS 77210 THIS MORTGAGE ("Security Instrument") is ~ yen on LISA E. MILLER MOFITGAGE JANUARy 19 P~I ~ 32 · "7%0.2& q/C,,:.3~' 698707 . 1998 . The mortgagor is ("Borrower"). This Security Instrument is g4ven to MELLON MORTGAGE COMEANY, A COLOPJkDO CORPORATION which is organized and existing under the laws of THE STATE OF COLORADO , and whoso address i~ 1775 SHERMAN STREET, SUITE 2300, DENVER, COLORADO 80203 ("Lender").BormwerowesLendertheprincipalsumof EIGHTY FOUR THOUSAND AND 00/100 ........................................................ Dollars (U.S. $ 84,000.00 ). This debt is evidenced by Borrower's nots datsd th.~ same dats as this Security lnserament ("Nots"), which provides for monthly payments, with tho full debt, if not paid earlier, due and payable on FEBRUARY 01, 2028. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with intsrest, and all renewals, extensions and modifications of the Note; (b) the paTraent of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Nots. For this purpose, Borrower dc~s hereby mortgage, gcant and convey to Lender the fo]lowing described praperty Iocatsd in CUMBERLAND County, Pennsy] vante: SEE LEGAL DESCRIPTION ATTACHED HERE TO AND MADE A PART HERE OF whichhastheaddressof 310 CHARLES ROAD MECHANICSBURG , Pennsy]vante 17055 ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or herea~er a part of the property. Al] replacements and additions sbdi] a]~o be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully ~ised of the estate hereby conveyed and has the right to mortgage, gcant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumhranevs of recerd. PENNEYLVANIA - Sino~e Family - Fannie Mae/Freddie MI~C UNIFORM INSTRUMENT Form 3039 9/90 . TI-IlS'SECURITY INSTRUMENT combines uniform covenants for' national u~ ~nd non-uniforra covenants w~th limited UNIFORM COVENANTS. Borrower and Lender covenant and agree as premiums, if any; (e) yearly mortgage insurance premiums, if any; and (fi any sums payable by Borrower to Lender, in of future Escrow Itsms or otherwise in accordance with apphcable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, ins~umenta]ity, or entity debit t~ the Funds was made. The ~'~u n ds are pledged as additional security for all sums ~ecured by this Security Instrument. the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any t~me these obligations in the manner provided in paragraph 2, ar if not paid in that mariner, Borrower shall pay them on time Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods eoo~1428 PAGe: ,425 All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage c]ause. Lender shall I~ave the right to held the policies and renewals. If Lender rzquires, Bornqwer shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otbarwlse agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lander's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid i;~ Borrower. If Borrower abandons the Lender may collect the insurance proceeds. Lender may u~e tho proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in w~iting, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insuranc~ policies and proceeds resulting from damage to the P~perty prior to the acquisition shall pass to Lender t~ the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Oecupancy, preservation, Maintenance and Protection of the Property; Borrower's Loan Applieatlon; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as B or~wer's principal residence for at least one year after the date of ~ccupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's conti~h Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good ?aith judgment could result in forfeiture of the Property or otherwise materially impair the Ilea created by this Secutity Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Bora~wer shall also he in default if Borrower, during the loan application process, gave matsvally false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Bori~wer's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisi~as of the lease. If Born~wer acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. protection of Lender's Right~ in the Property. If Borrower fails to pertbrm the covenants and agreements c~ntainod m this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws m' regulations), then Lender may do and pay for whatever is necessary to protect the value of tbs Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these ammmts shall bear interest from the date of disbursement at the Nots rate and shall be payable, with interest, upon notice f~m Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shah pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal te one-twelfth of the yearly mortgage insuranc~ premium being paid by Borrower when tbs insurance coverage lapsed or ceased to he in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes avsil~tble and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable ]aw. 9. Inspection. Lender or its agent may make reasonable entries.upon and inspat:tions of the Property. Lendvr shall give · 10. Condemnation. The proceeds of any award er claim for damages, direct or consequential, in connection with any c~ondemnation or other taking of any part of the ProperW, or for conveyance in lieu of condemnatinn, are hereby assigned and In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Sorrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums ~ecured by this Security Instrument immediately before the taking, unless Sorrower and Lender otherwise agree in writing, the sums secured by this S~curity Instrument shall be reduced by the amount of the proceeds mult~p]ted by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid TO Borrower. In the event ora partial taking of tbs Property in which the fair market value of the Property immediately before the taking is ]ess than the amount of t]~e sums secured immediately before the taking, unless Borrower and L~nder otherwise agree in w~ting or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are ~dien due. If the Property is abandoned by Borrower, or if, a/tot notice by Lender to Borrower that the condemner offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restorat~ on or repair of the Property or to the sums secured by this Security Instrument~ whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of prnceeds TO principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments~ I1. B~rrower Not Released; Forbearance By Lender Not s Waiver. Extension ef the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender TO any successor in interest of Borrower shall not operate t~ release the liability of the original Borrower or Borrower's suce~ssors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and ~everal Liability; Co-signer~. The covenants and agreements of this Security Instrument shall bind and benefit the successors and as~gns of Lender and Borrower, subject to the provisions of perzgraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but dr~s not execute the Note: (a) is co-signing this Security Instrument o~ly TO mortgage, grant and convey that $orwwer's interest in the Property under the terms of this Security Insi~'ument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, m odi~y, forbear or make any accommodations with regard to the terms of this Security Instrument or the N~te without tbat Borrower's consent. and that law is finally interpreted so that the interest or other loan charges collected or TO be collected in connection with the loan exceed the permitted limits, then: (a) any such lean charge shall be reduced by the amount necessary to reduce the charge to the pe~nittod limit; and (b) any sums already collected from Borrower which excee~led permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any not, ce to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower deslgnat~s by notice to Lender. Any not'ce to Lender shall be given by first class mail to LendeFs address stated herein or any ether address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. GoverningLaw;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicte with applicable law, such conflict shall not affect other provisions of thls Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security iInstrument and the Note are declared to 16. Rerrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the property or a Bonelfeial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior wvitten consent, Lender may, at its option, require immediate payment in full of afl sums secured by this Security Instrument. However, this option shall not be exercised by L, ender if exercise is prohibited by federal law as of the date of this Security Instrument. 22. ]~lease. Upon payment of all sums secured by this'Securit~ Instrument, this S~curity Instrument and the estate ~onveyed shall terminate and become void. After such occurrence, Lender shall dlscharg~ and satisfy this Security Ins~rumen$ without charge te Borrower. Borrower sha]] pay any recordation c~ste. 23. Waivers. Borrower, te the extant permitted by applicable law, waives and r~deases any error or defects in proceedings t~ enforce this Security Instrument, and hereby waives the Benefit of any present or future laws providing for stay of execution, extension of time, exemption fi~m attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. BorroweFs time to r~instate provided in paragraph 18 shall extend to one hour prior ~o the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 25. Purchame Money Mortgage. If any °f the debt ~cur~d by thls Security ]nsti'ament is lent te Borrower to acquire title to the Property, this Security Instrument shall be a purchas~ money mortgage. 26. Interest l~te A~ter Judgment. Borrower agrees that the interest rate ~ayab]e a~er a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate p~yable f~om time te time under the Note. 27. Riders to this ~eeurity Instrument. If one or more riders are executed by Borrower and r~corded together with this Security Instrument, the covenants and agreemente of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(~) were a part of this SecuBty Instrument. [Check applicable I ] Adjustab]eRatoRider I 1 Condominium Rider ~] l-4FamifyRider [ i Graduated Payment Rider [~ Planned Unit Devetopment Ride~ I ~ Biweekly Payment Rider [ I Balloon Rider ~ RatolmprovementRider [i~] Second Home Rider [ ] Otheffs)[specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants conteined in this Security Instrument and in any rideris) executed by Borrower and recorded with it. Witnesses: L~$~ E, ~ILLER -Borrower (Seal) (Seal) STATE OF PENNSYLVANIA CU~ERIJ~ND County On this, the 19TH dayof JANUARY 1998 · be fore me, the undersiffned officer, ~rzon~} fy,~ ................ ~ ~' ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof, dated June 26, 1968, prepared by Roy M. H. Benjamin, Professional Engineer, as follows: BEGINNING at a point in the northwestern line of Charles Road, said point being three hundred seventy-five (375) feet in a northerly direction from the northwestern corner of the intersection of Charles Road and Del-Brook Road, said point being also on the dividing line between Lots Nos. 9 and 8, Block "A" On the hereinafter mentioned Plan of Lots; thence along said dividing line North fifty-six (56) degrees thirty-two (32) minutes West one hundred ninety-eight and fifteen hundredths (198.15) feet to a point; thence North eight-five (85) degrees twenty-eight (28) minutes East ninety-eight and fifty-one hundredths (98.51) feet to a point on the dividin~ line between Lots No. 8 and 7, Block "A"; thence South thirty-eight (38) degrees forty-four (44) minutes East one hundred forty and forty-four hundredths (140.44) feet to a point on the western line of Charles Road; thence along the western line of Charles Road, South fifty-one (51) degrees sixteen (16) minutes West thirty-six and fifty-nine hllndredths (36.59) feet to a point; thence by a curve to the left having a radius of one hundred thirty five (135) ~eet, the arc distance of eighteen and forty-one hundredths (18.41) feet to a point, the Place of BEGINNING. BEING Lot NO. 8, Block A, Plan No.1 of Del-Brook !Zanor, recorded in Plan Book 6, Page 42, Cumberland County Records. HAVING thereon erected a one and one-half story frame and brick dwelling known and numbered as 310 Charles Road. BEING THE SAME PREMISES which Dennis E. Zook and Bette J. Zook, his wife, by their deed dated April 10, 1987 and recorded April 10, 1987 in the office of the Recorder of Deeds for Cumberland County in Deed Book P, Volume 32, page 56 granted and conveyed to Gerald A. Miller and Lisa E. Miller, his wife. And being the same premises which Gerald A. Miller and Lisa E. Miller, his wife, by deed dated January 19th, 1998 and which is intended to be recorded herewith in the Cumberland County office of the Recorder~ of Deeds, granted and conveyed unto Lisa E. Miller, Mortgagor herein. Loan #5802091038 LISA E MILLER 310 CHARLES RD MECHANICSBURG PA 17055-0000 February 5, 2001 CertifiedMail Return Receipt Requested RE: Loan #5802091038 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 #5802091038 LISA E MILLER 517 SPRINGHOUSE COURT HARRISBURG, PA 17111-5658 February 5, 2001 Certified Mail Return Receipt Requested RE: Loan #5802091038 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 M~ET 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 LISA E MILLER February 5, 2001 Page 2 LA NOTIFICACION EN ADJUNTO ES DE SHMA IMPORTANCIA, PUES AFECTA SU DEP~ECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA DNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGrLAJ4A 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): LISA E MILLER PROPERTY ADDRESS: 310 CHARLES RD, MECHANICSBURG PA 17055-0000 LOAN NUMBER: 5802091038 Current Lender/Service: Chase Manhattan Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE AS.~:ISTANCE 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 HOMEOWI~iER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT MAS 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 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 ~I'ING MUST OCCUR WITHIN THE NEXT 30 DAYS. IF YOU DO NOT APPI,Y FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CAr.T.~m "HOW TO CURE YOUR MORTGAGE DEFAULT," EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. EXHIBITA Certified Mail LISA E MILLER February 5, 2001 Page 3 CONSUMER CREDIT COUNSRLTNG AGERCTRR - 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 credil counselin~ amencies for the county in which the property is located are forth at the end of this Notice. It is only necessary to schedule one face- to-face meeting. Advise your lender immediately cf 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 E~IL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS L~rl'~K, FORECLOSURE MAY PROu~EO AGAINST YOUR HOME IMMEDIATELY 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. IF YOU ARE CURRENTLY PROTECT~o BY THE FILING OF A PETITION IN BANKRUPTCY, TME FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN A'ri'~MPT TO COLT.F. CT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) EXHIBITA LISA E MILLER February 5, 2001 Page & HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 310 CHARLES RD. M~CHANICSBURG PA 17055-0000 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 December 2000 through February 2001 at $694.87 per month. Total Monthly Payments Past Due Late Other Charges Fees $2,0s4.61 $56.60 $.00 TOTAL AMOUNT DUE TO CURE DEFAULT: $2,141.21 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, W~ICH IS $2,141.21, PLUS ANY MORTGAGE PAYMENTS AND 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 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 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 LISA E MILLER February 5, 2001 Page 5 IF THE MORTGAGE 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 the 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 even 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~IRTY (30) DAY period, you will not be required to pay attorney's fees. 0THERLENDERPd~MEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO S~ERIEF'S SATR - 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 total amount then past due, plus any late or other charges then due, reasonab]~ attorney's fees and costs connected with the foreolosure sale and anV other costs connected with the Sheriff's Sale as specified in writing by the lender and by Derformin~ 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 SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approx~mmtely 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 THE 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 EXHIBITA LISA E MILLER February 5, 2001 Page 6 ~CT OF S~ERIFF'S SALE - 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 Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION 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 ~J%VE 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 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 ~UNY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU HAY 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 HOME LOAN MORTGAGE CORPORATION by Scott Casteel Loan Counselor Chase Manhattan Mortgage Corporation Enclosure C-173/2091038B. 205/Y2MCD/BREACH EXHIBITA Consumer Credit Counseling Agency Notification To: 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 above. 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: 1, 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, any, which the applicant has indicated as also having a mortgage on the property identified above. if 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. 8/00) CLINTON COUNTY MB ~ CRAWFORD COUNTY Lycoming-CIinton Countie~ Commision for Community Action (STEP) 2138 Lincoln Street P.O. Box 1328 Williamsport, PA 17703 (570) 326-0587 FAX (570) 322-2197 CCCS of Northeastern PA 201 Basin Street Williamspo~ PA 17703 (570) 323-6627 FAX (570) 323-6626 31 W. Market Street POB I127 Wdkes-Barr~. PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opportunity of Lozerne County 163 Amber Wilkes-Barre, PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665--(Call Before Faxing) (570) 455-4994 Hazettown FAX (570) 455-563 l--(Call Before Faxing0 (570) 836-4090 Tunkfiannock Booker T. Washington Center 1720 Holland Center Erie, PA 16503 (814) 453-5744 FAX (814) 5749 John F. Kennedy Center, Inc. 2021 East 200' Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisbi~rg, PA 17102 (717) 541.1757 Urban League of Metropolitan Harrisburg N. 6'~ Street Harrisburg' PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Corem of thc Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 CUMBERLAND COUNTY CCCS of Noaheasm'n PA 1631 South Atherton St_, Suit~ 100 State College, PA 16801 (814) 238-3668 FAX (814) 238-3669 1400 Abington Executive Park Suite 1 Clat~ Summit, PA 1841 I (570) 58%9163 or (800) 922-9537 FAX (570) 587-9134-9135 Greater Erie Community Action Committee 18 West 9t~ Street Erie, PA 16501 (814)459-4581 FAX (814) 456-0161 Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (412) 981-5310 Financial Counseling Services of Franklin 31 West ya Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 "G" Street Carlisle, PA 17013 ~ (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX 334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 2~, JUNE 5, 1999 EXHIBIT A ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof, dated June 26, 1968, prepared by Roy M. H. Benjamin, Professional Engineer, as follows: BEGINNING at a point in the northwestern line of Charles Road, said point being three hundred seventy-five (375) feet in a northerly direction from the northwestern corner of the intersection of Charles Road and Del-Brook Road, said point being also on the dividing line between Lots Nos. 9 and 8, Block "A" on the hereinafter mentioned Plan of Lots; thence along said dividing line North fifty-six (56) degrees thirty-two (32) minutes West one hundred ninety-eight and fifteen hundredths (198.15) feet to a point; thence North eight-five (85) degrees twenty-eight (28) minutes East ninety-eight and fifty-one hundredths (98.51) feet to a point on the dividing line between Lots No. 8 and 7, Block "A"; thence South thirty-eight (38) degrees forty-four (44) minutes East one hundred forty and forty-four hundredths (140.44) feet to a point on the western line of Charles Road; thence along the western line of Charles Road, South fifty-one (51) degrees sixteen (16) minutes West thirty-six and fifty-nine hundredths (36.59) feet to a point; thence by a curve to the left having a radius of one hundred thirty-five (135) feet, the arc distance of eighteen and forty-one hundrsdths (18.41) feet to a point, the Place of BEGINNING. BEING Lot No. 8, Block A, Plan No.1 of Del-Brook Manor, recorded in Plan Book 6, Page 42, Cumberland County Records. HAVING thereon erected a one and one-half story frame and brick dwelling known and numbered as 310 Charles Road. BEING THE SAME PREMISES which Dennis E. Zook and Bette J. Zook, his wife, by their deed dated April 10, 1987 and recorded April 10, 1987 in the office of the Recorder of Deeds for Cumberland County in Deed Book P, Volume 32, Page 56 granted and conveyed to Gerald A. Miller and Lisa E. Miller, his wife. And being the same premises which Gerald A. Miller and Lisa E. Miller, his wife, by deed dated January 19th, 1998 and which is intended to be recorded herewith in the Cumberland County Office of the Recorder' of Deeds, granted and conveyed unto Lisa E. Miller, Mortgagor herein. VERIFICATION 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 true and correct to the best o17 his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: SHERIFF'S RETURN - NOT ]POUND CASE NO: 2001-01602 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY WEST VS MILLER LISA E R. Thomas Kline duly sworn according to law, inquiry for the within named defendant, MILLER LISA E unable to locate Her COMPLAINT - MORT FORE NOTICE ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEPENDANT but was the within named DEFENDANT in his bailiwick. He therefore returns the , NOT FOUND , as to MILLER LISA E DEFT. NO LONGER RESIDES AT ADDRESS STATED, AS PER ATTORNEY, 517 SPRINGHOUSE CT, HBG, ABOV~.P~OPERTY IS EMPTY. Sheriff's Costs: Docketing 18.00 Service 6.82 Not Found Return 5.00 Surcharge 10.00 .00 39.82 SERVE AT, R. ~homas Kline Sheriff of Cumberland County FEDERMAN & PHEL~ 03/26/2001 Sworn and subscribed to before me this £~ day of ~ ~/ A.D. PrOthonotary SHERIFF'S RETURN - CkSE NO: 2001-01602 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MORTGAGE COMPANY WEST VS MILLER LISA E OUT OF COUNTY R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: MILLER LISA E but was unable to locate Her in his bailiwick. deputized the sheriff of DAUPHIN County, serve the within COMPLAINT - MORT FORE He therefore Pennsylvania, to On April 18th , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff,s Costs: Docketing .00 Out of County 9.00 Surcharge .00 Dep. Dauphin Co 40.25 .00 49.25 04/18/2001 FEDERMAN & PHELAN R. Thomas K] ine ~ Sheriff of Cumberland County Sworn and subscribed to before me this ~3~( day of ~ ~O~3/ A.D. / ~ - ProfhOno~a~y - Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (7t7) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW: April 11, 2001 NOTICE & COMPLAINT IN MORT FORECLOSURE MILLER LISA E to HER of the original to him/her the contents thereof at : CHASE MORTGAGE CO WEST vs : MILLER LISA E Sheriff's Return No. 0824-T - -200]. OTHER COUNTY NO. 01-1602 at i:13PM served the within upon by personally handing 1 true attested copy(ies) NOTICE & COMPLAINT IN MORT FORECLOSURE and making known 517 SPRINGHOUSE COURT HBG, PA 17111-0000 Sworn and subscribed to PROTHONOTARY So Answers, Sheriff of D~uphin County, Pa. Sheriff's Costs: $40.25 PD 03/23/2001 RCPT NO 147859 MARTIN In The Court of Common Pleas of Cumberland County, Pennsylvania · Chase Mortgage Company West, et. al. Lisa E. Miller N0. 0]-1602 Civil NOW, 3 / 2 t / o I ,20 O 0, I, SHERIFF OF CUMBERLAND COLqxTT¥, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the reque~ and risk of the Plaintiff ;gheriff of Cumberland County, PA NOW, within Affidavit of Service ,20 ,at o'clock served the upon try handing to and made lmown to copy of the o!figinal So answers, tI~e contents thereof. Sworn and subscr/bed before me th/s__ day of ,20 Sheriff of COSTS SERVICE MILEAGE ,~drF!DAV/T County, PA ~31JJO S,~I~I~HS AINnO3 ~IFI4Ft V O FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103-1814 (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 Plaintiff TERM NO. ~1 CUMBERLAND COUNTY LISA E. MILLER 517 SPRINGHOUSE COURT HARRISBURG, PA 171 I 1 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORiVlATION 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 tbllowing 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 c,r 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. We hereby certify the within to be a true and correct copy of the original filed of record I:EDERMAN AND PHELAN Loan=:5802091038 CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ¥~U'=E COPY FI::IOM RECORD Plaintiff is CHASE MORTGAGE COMPANY WEST, F/I/dA MELLON MORTGAGE COMPANY 3415 VISION DRIVE COLUMBUS, OH 43219 The name(s) and last known address(es) of the Defendant(s) are: LISA E. MILLER 517 SPRINGHOUSE COURT HARRISBURG, PA 17111 who is/are the mortgagor(s) and real owner(s) of the propert,,, hereinafter described. On 1/19/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1428, Page 424. 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 12/1/00 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 dne on the mortgage: Principal Balance Interest 11/1/00 through 3/1/01 (Per Diem $15.91) Attorney's Fees Cumulative Late Charges 1/19/98 to 3/1/01 Cost of Suit and Title Seamh Subtotal $81,482.69 1,925.11 4,000.00 84.90 550.00 $88,042.70 ESCROW Credit 342.05 Deficit 0.00 Subtotal ($ 342.05) TOTAL $87,700.65 10. Tile attorney's fees set forth above are m conformity, with the Mortgage documents and Pennsylvania Law, and will be collected itl the event ora third part3 purchaser at Sheriff's Sale. lfthe Mortgage is reinstated prior to the Sale, reasonable attorney's tees 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. §1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." This action does not come under Act 91 of 1983 because the mortgaged premises is not the principal residence of the defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment agairtst the Defendant(s) in the sum of $87,700.65, together with interest from 3/1/01 at the rate of $I 5.91 per diem to the date of Judgment, and other costs and charges collectible under the morlgage and for the foreclosure and sale of the mortgaged property. /s/Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE 698707 THISMORTGAGE('Securitylnstrument")isg~venon JANUARY 19 , 1998 . The mortgagor is LISA E. MILLER ("Borrower"). This ~ecum ty Instmlment is ~ven to MELLON MORTGAGE COMPANY, A COLORADO CORPORATION , whichisorganizedandexistingunderthe]awsof TNB STATE OF COLORADO , and whose address is 1775 SHERMAN STREET, SUITE 2300, PENNSYLVANIA - s,.¢e Famdy ' Fannie MaeiFreddle Mec UNIFORM INSTRUMENT Form 3039 9190 I~ave the fight to hold the p~licies and renewals. If Lender requires, Borrower shall prompdy g~ve to Lender all receipts of paid . All in.~uri~nce policies and renewals shall be accep~b]e W Le~der and shall include a standard mo~gage clause. Lender shall Lender may make pr~f of loss if not made promptly by Bo~ower. Unless Lender and Bo~ower other~ a~e~ in ~ng, insurance proceeds shall ~ applied ~ resmra6on or repair of the ~ope~y damaged if the res~ra~on or repair is e~nom~cally feasible and Lender's securely ~s n~t lessened f the res~ra~on or repair ~s noL economically feasible or Lender's secu6~y would be lessened, ~he insurance proceeds shall ~ applied ~ the sums 7. p~tection of Lender's Rights in the ~pe~y. If Bo~ower fails to peffo~ the coven~n~ a~d a~eements ~m~in~d ,427 lt' I,er~der exercises this optinn, Lender shall give Borrower notice of acceleration. Th~ nntice shall provide a period of not less 22. ~lease. Upon payment of all sums secured by this Security Instrument, I;hia S~curity Instrument and the estate c~mveyed shah terminate and become void. A.Ct~r such occurrence. Lender shall discharg~ and satisfy this Security Instrument: w~ thout charge to Borrower. Borrower shah pay any recordation costs. Adiustable Rate Rider [ I Condominium Rider [ ] 1-4 FamilyRider ] Balloon Rider [~ Rate Improvement Rider [ I ,Second Home Rider (send (Seal) · ,~':,'~ ~l,~ll ,,',, , u'l,,(,'J' ," '~''>'*. '" DENVER, COLO~O 80203 .... - ]} ,],$,(~?/ , / ~ /{ ' ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and descrJ, bed in accordance with a survey and plan thereof, dated June 26, 196~, prepared by Roy M. H. Benjamin, Professional Engineer, as follows: BEGINNING at a point in the northwestern line of Charles Road, said point being three hundred seventy-five (375) feet in a northerly direction from tile northwestern corner of the intersection of Charles Road and Del-Brook Road, said point being also on the dividing line between Lots Nos. 9 and 8, Block "A" on the hereinafter mentioned Plan of Lots; thence along said dividing line North fifty-six (56} degrees thirty-two (32) minutes West one hundred ninety-eight and fifteen hundredths (198.15) feet to a point; thence North eight~five (85) degrees twenty-eight (28) minutes East ninety~eight and fifty-one hundredths (98.51) feet to a point on the dividing line between Lots No. 8 and 7, Block "A"; thence South thirty-eight (38) degrees forty-font (44) minutes East one hundred forty and forty-four hundredths (140.44) feet to a point on the western line of Charles Road; thence along the western line of Charles Road, South fifty-one (51) degrees sixteen (16) minutes West thirty-six and fifty-nine hundredths (36.59) feet to a point; thence by a curve to the left having a radius o~ one hundred thirty five (135) feet, the arc distance of eighteen and forty-one hundredths (18 41) feet to a point, the Place of BEGINNING. BEING Lot No. 8, Block A, Plan No.1 of Del-Brook Manor, recorded in Plan Book 6, page 42, Cu~erland County Records. HAVING thereon erected a one and one-half story ~rame and brick dwelling known and nu~ered as 310 Charles Road. BEING THE SAME pREMISES which Dennis E. Zook and Bette J. Zook, his wife, by their deed dated April 10, 1987 and reccrded April 10, 198~ in the office of the Recorder of Deeds for Cure.land County in Deed Book P, Volume 32, Page 56 granted and conveyed to Gerald k. Miller and Lisa E~ Miller, his wife. And being the same premises which Gerald A. Miller and Lisa E. Miller, his wife, by deed dated January 19th, 1998 and wl~ich is intended to be recorded herewith in the Cu~erland County office of the Recorder of Deeds, granted and conveyed unto Lisa E. Miller, Mortgagor herein. Loan #5802091038 LISA E MILLER 310 CHARLES RD MECHANICSBURG PA 17055-0000 February 5. 2001 Certified Mail Return Receipt Requested RE: Loan #5802091038 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 HY~MAP 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 eau 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 ~5802091038 LISA E MILLER 517 SPRINGHOUSE COURT HARRISBURG, PA 17111-5658 February 5, 2001 Certified Mail Return Receipt Requested RE: Loan #5802091038 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 az 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 ~o help you find a lawyer. EXHIBITA LISA E MILLER February 5, 2001 Page 2 LA NOTIFICACION EN ADJUNT0 ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRF~MDE E,L CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LL~_MANDO ESTA AGENCIA (pEARqSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO M~2~CIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGP3~A LLAM3%DO "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): LISA E MILLER PROPERTY ADDRESS: 310 CHA~LLES RD, MECHANICSBURG PA 17055-0000 LOAN NUMBER: 5802091038 Current Lender/Service: Chase Manhattan Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU HAY 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 HOF[EOWI~ER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU HAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CON~fROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAY~S, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENiqSYLV~IIA HOUSING FINANCE AGENCY. Tm~fPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days frcm 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 ~ut~l'ING MUST OCCUR WITHIN THE NEXT' 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CA7I,ED "HOW TO CURE YOUR MORTGAGE DEFAULT,'~ EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. EXHIBiTA Certified Mail LISA E MILLER February 5, 2001 Page 3 CONSUMER 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 Emergenoy 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 tlhis 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 THE OTHER TIME PERIODS SET FORTH IN THIS Lmrl'~. FORECLOSURE MAY PROu~U AGAINST YOUR HOME IMMEDIATELY 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 PROTECT~O BY THE FILING OF A PETITION IN BANKRUPTCY. THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN A'ri'~24PT TO COI.LV. CT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) EXHIBITA LISA E MILLER February 5. 2001 Page & HOW TO CURB YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 310 CHARLES RD, MECHANICSBURG PA 17055-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following mcnths and the following amounts are now past due: Starting December 2000 through February 2001 at $694.87 per month. Total Monthly Payments Past Due Late Other Charzes Fees $2,084.61 $56.60 $.00 TOTAL AMOUNT DUE TO CURE DEFAULT: $2,141,21 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOngST PAST DUE TO THE LENDER, WHICH IS $2.141.21, 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 :~ade payable and sent to Chase Manhattan Mortgage Corporation. 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 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 u on our EXHIBITA Certified Mail LISA E MILLER February 5, 2001 Page 5 IF ~ MORTGAGE 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 the lender begins legal proceedings against you, you will still be requirsd to pay the reasonable attorney's fees that were actually incurred, up t~ $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 even 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 THIRTY (30) DAY period, you will not be required to pay attorney's fees. 0T}IER LENDER REMEDIES ~ The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - 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 reauirements under the mortmage. 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 SHeRIfF'S 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 tc 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 THE LENDER: Name of Lender: Chase Manhattan Mortgage Corporation Address: 3415 Vision Drive Columbus, OH 43219-6009 Phone Number: ~800) 848-9380 Fax Number: ~61&) &22-5381 Contact Person: Scott Casteel EXHIBITA LISA E MILLER February 5, 2001 Page 6 E~f~gCT OF S}~IIIFF'S SA_LB - 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 Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time, ASSUMPTION 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 M~Y kLSO 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 A~ THIRD PARTY ACTING ON YOUR BEF_%LF. 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 TINES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN .~JqY FORECLOSURE PROCEEDING OR A~Y OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY ~VE TO SUCH ACTION BY THE LFJqDER. · TO SEEK PROTECTION UNDER THE FEDER~ B~qKRUPTCY LAW. Chase Manhattan Mortgage Corporation is attempting to collect a debt and any information obtained will be used for that purpose. Sincerely, FEDERAL HOME LOAN MORTGAGE CORPOP~ATION by Scott Casteel Loan Counselor Chase Manhattan Mortgage Corporation Enclosure Consumer Credit Counselin% Agency 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 above. 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: 1. 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, any, which the applicant has indicated as also having a mortgage on the property identified above. if 3. It is our understanding that the 30-day forbearance period in which we are now in ends on &. No legal action to enforce the mortgage may occur during this forbearance period, unless procedural time limits were not met by the homeowner. EXHIBIT A PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) CLINTON COUNTY Lycoming-Clinton Counties Coramisinn for Community Action (STEP) 2138 Lincoln Street PO. Box 1328 Williamspon. PA [7703 (570) 326°0587 FAX (570) 322-2197 CCCS of No.eastern PA 20~ B~zth Street Williamsport. PA 17703 (570) 323-6627 FAX (570) 323-6626 3l W Market Street POB 1127 Wilkes-Barre. PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opportunity of Luzeme Coun~ 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826-0510 or (800) 82241359 [:AX (570) 829-1665--(Call Before Fxxing) (570) 455-4994 Hozeltown FAX (570) 455-563 I-(Call Before Faxing) (570) 836-4090 Tunld~annock Booker T. Washington Center 1720 Holland Center Erie, PA 16503 1814) 453-5744 FAX 1814) 5749 John F Kennedy Center, Inc. 2021 East 20a' Street Erie, PA 16510 (814) 898-0400 FAX 1814) 898-1243 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 1717) 541-1757 Urban League of Metropolitan Hamsburg N. 6a Street Harrisburg, PA t7101 1717)234-5925 FAX 1717) 234-9459 Community Action Corem of the Capital Region 1514 Derry Street Harnsburg. PA 17104 1717) 232-9757 FAX 1717) 234-222? CCCS of Northeastern PA 1631 South Athenon St., Suite I00 State College, PA 16801 (814) 238-3668 FAX 1814) 238-3669 1400 Abington Executive Park Suite 1 Clar~ SummiL PA 184[ 1 (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134-9135 I:RAWFORD CO*o~TY UMBERLAND CO ~TY Grea~cr Erie Community Action Commitree 18 West 9~ Street Ena, PA 16501 1814) 459-4581 FAX 1814) 456-0161 Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 1412) 981-5310 Financial Counseling Services of Franklin 31 West 3'a Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 "G' Street Carlisle, PA 17013 t 1717) 243-3815 FAX t717) 731-9589 Adams County Housing Authority 139-143 Carlisle St- Gettysburg, PA 17325 1717) 334-[518 FAX 334-8326 PENNSYLV.~NIA BULLETIN, VOL. 29. NO. '3. JYv,'NE 5. 1999 EXHIBIT A ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof, dated June 26, 1968, prepared by Roy M. H. Benjamin, Professional Engineer, as follows: BEGINNING at a point in the northwestern line of Charles Road, said point being three hundred seventy-five (375) feet in a northerly direction from the northwestern corner of the intersection of Charles Road and Del-Brook Road, said point being also on the dividing line between Lots Nos. 9 and 8, Block "A" on the hereinafter mentioned Plan of Lots; thence along said dividing line North fifty-six (56) degrees thirty-two (32) minutes West one hundred ninety-eight and fifteen hundredths {198.15) feet to a point; thence North eight-five (85/ degrees twenty-eight (28) minutes East ninety-eight and fifty-one hundredths (98.51) feet to a point on the dividing line between Lots No. 8 and 7, Block "A"; thence South thirty-eight (38) degrees forty-four (44) minutes East one hundred forty and forty-four hundredths (140.44) feet to a point on the western line of Charles Road; thence along the western line of Charles Road, South fifty-one {51) degrees sixteen (16) minutes West thirty-six and fifty-nine hundredths (36.59) feet to a point; thence by a curve to the left having a radius of one hundred thirty-five (135) feet, the arc distance of eighteen and forty-one hundredths (18.41! feet to a point, the Place of BEGInniNG. BEING Lot No. 8, Block A, Plan No.1 of Del-Brook Manor, recorded in Plan Book 6, Page 42, Cumberland County Records. HAVING thereon erected a one and one-half story frame and brick dwelling known and numbered as 310 Charles Road. BEING THE SAME PREMISES which Dennis E. Zook and Bette J. Zook, his wife, by their deed dated April 10, 1987 and recorded April 10, 1987 in the office of the Recorder of Deeds for Cumberland County in Deed Book P, Volume 32, Page 56 granted and conveyed to Gerald A. Miller and Lisa E. Miller, his wife. And being the same premises which Gerald A. Miller and Lisa E. Miller, his wife, by deed dated January 19th, 1998 and which is intended to be recorded herewith in the Cumberland County Office of the Recorder of Deeds, granted and conveyed unto Lisa E. Miller, Mortgagor herein. VEILI~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 true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: FEDI~RMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Perm Center at Suburban Station 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 VS. LISA E. MILLER 517 SPRINGHOUSE COURT HARRISBURG, PA 17111 Defendant(s) Attorney for Plaintiff : CUMBERLAND COUNTY : : COURI OF COMMON PLEAS : : CIVIL DIVISION : : NO. 01-1602-CIVIL TERM : : : : : PRAECIPE FOR JUDGMENT FOR F3aLURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against LISA E. MILLER 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, mad assess Plaintiffs damages as follows: As set forth in Complaint Interest 3/1/01 TO 5/16/01 $87,700.65 $1~225.07 TOTAL $88,925.72 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. DATE: ! PR~PKOT(3-~ **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 A~UI'EMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Frank Federman, Esquire Identification No. 12248 On~ Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY CHASE MORTGAGE COMPANY WEST, : COURT OF COMMON F/K/A MELLON MORTGAGE COMPANY : CIVIL DIVISION FOR PLAINTIFF PLEAS : CUMBERLAND COUNTY VS. LISA E. MILLER : NO. 01-1602 Defendant(s) TO: LISA E. MILLER 517 SPRINGHOUSE COURT HARRISBURG,PA 17111 DATE OF NOTICE: M~Y 2. 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 NOTICK 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 Mary J'ane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 pr: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assis~nt Chief Deputy Commonwealth of Pennsylvania County of Dauphin : CHASE MORTGAGE CO WEST VS : MILLER LISA E Sheriff's Return No. 0824-T - -2001 OTHER COUNTY NO. 01--1602 AND NOW: April 11, 2001 at i:13PM served the within NOTICE & COMPLAINT IN MORT FORECLOSURE MILLER LISA E to HER of the original NOTICE & COMPLAINT IN MORT FORECLOSURE to him/her the contents thereof at 517 SPRINGHOUSE COURT HBG, PA 17111-0000 upon by personally handing 1 true attested copy(ies) and making known Sworn and subscribed to before me this 12TH day of APRIL, 2001 PROTHONOTARY So Answers, Sheriff of D~uphin County, Pa. Deputy ~Q~riff Sheriff's Costs: $40.25 PD 03/23/2001 RCPT NO 147859 MARTIN FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY Plaintiff VS. LISA E. MILLER Defendant(s) Attorney for Plaintiff CUMBERLAND COUNTY Court of Common Pleas CIVIL DIVISION NO. 01-1602-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby ve]fifies 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 Relief Act of Congress of 1940, as amended (b) that defendant LISA E. MILLER is over 18 years of age and resides at 517 SPRINGHOUSE COURT, HARRISBURG, PA 17111. 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) CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY Plaintiff VS. LISA E. MILLER Defendant(s) CUMBERLAND COUNTY Court of Common Pleas CIVIL DIVISION NO. 01-1602-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on MAY /7 ,2000. If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Filing Party One Perm Center at Suburban Station Suite lz[00 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. 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. ** PLAINTIFF DEFENDANT(S) SERVE AT AFFIDAVIT OF SERVICE CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY LISA E. MILLER 517 SPRINGHOUSE COURT HARRISBURG, PA 17111 CUMBERLAND COUNTY No.01-1602-CIVIL TEKM Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 5, 2001 Served and made known to .~ ~/~ ~ SERVED , ~ II'of' ,Defendant, onthe ~ . dayof,~ ,200L of Pe~sylvama, in the ~er described below: Defendant personally served. [ / fi/ . ~ 'Adult family member with whom Defendant(s) reside(s). Relationship is /~J~dq.~ []q I ,~'/~ Adult m charge °f Defendant(s)'s residence who refused to give name or r~afionshil~. 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)'s company. Other: Desctfiptio~n: Age 3~'~~Height ~t~ ~P' Weight~vt~ ~Race/2]/~(Sex' )[/[ Other tg/0~'~ a true and c~rr~ct copy of the Notice (if Sheriff's Sal~ in the manner as set forth her ' 'o~--~ :- *'~ ........ Y the address indicated above. ' : elrl, l~ouuu tn mc uapuoneu case on the aate aha at On the day of ,200__, at __ Moved Unknown No Answer o'clock __.nt, Defendant NOT FOUND because: --. Vacant Swum to and subscribed before me this --. day of ,200 _. Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND ss. Robert p Ziegler .................................................................. Recorder of Deeds in and for said County and Slate do'hereby ccnlfy that the Sherlfi~s Deed in which ................ Federal Home Loan l'iori:gage Corp is the grantee the same having been sold to said grantee on the 5i;h ............................................... day of December .2001 ........................................ A. D., ~ ..... , under and by virtue o[ a writ .............. Execut ion 8 th ................................................ issued on thc ..................................... June da}, oi .......................... A.D., 2001 ..... ) out o~ the (]omi of Comman Picas o{ said County'as of .................................................................................... Term, 2001 1602 ...... Number .............. ,at ' Chase )ltg Co - West (FI(A) liellon 14~g Co the stat o[ ................................................................ · Lisa E )iiller ................................... against ..................................................... is duly recorded in Sheriff's Deed Book ~1- 249 .. 3094 set my hand and seall of said office this _~_ ...... day Chase Mortgage Company West, F/k/a Mellon Mortgage Company VS Lisa E. Miller In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-.1602 Civil Term R. Thomas Kline, Sheriff, who being duly sworn aceording to law, states that he made a diligent search and inquiry for the within named defendant to wit: Lisa E. Miller, but was unable to locate her in his bailiwick. He therefore deputized the Sheriffof Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice and Description according to law. And Now: July 18, 2001 at 6:59 P.M., served the within Real Estate Writ, Notice, Poster & Description upon Lisa E. Miller by personally handing to her one true attested copy of the original Real Estate Writ, Notice, Poster & Description and making known to her the contents thereof at 517 Springhouse Court, Harrisburg, PA 17111. So answers: J.R. Lotwick, Sheriff of Dauphin County, PA. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states on July 02, 2001 at 1:55 o'clock P.M., EDST, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description on the property of Lisa E. Miller located at 310 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a pendency of the action to one of the within named defendants, to wit: Lisa E. Miller, by regular mail to her last known address of 517 Springhouse Court, Harrisburg, PA 17111. This letter was mailed under the date of July 26, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on December 5, 2001 at 10:00 o'clock A.M., EST. He sold the same for the sum of $1.00 to Attorney Frank Federman for Federal Home Loan Mortgage Corporation. It being the highest bid and best price received for the same, Federal Home Loan Mortgage Corporation of Foreclosure Unit, Mail Stop, 61, P.O. Box 5000, Vienna, VA 22183-5000, being the buyer in this execution paid SheriffR. Thomas Kline the sum of $1,004.84, it being costs. Sheriff's Costs: Docketing $30.00 Posting Handbills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 7.80 Certified Mail 1.13 Levy 15.00 Surcharge 20.00 Out of County 9.00 Dauphin County 30.50 Postpone Sale 20.00 Law Journal 404.90 Patriot News 337.65 Share of Bills 25.66 Distribution of Proceeds 25.00 Sheriff's Deed 26.50 Poundage 20.49 $1,045.13 Sworn and Subscribed to Before Me This /q~ Day 2001, A.D. (~,~,~, 'Pt'othonotary So Answersx R. Thomas Kline, Sheriff Real Estate Deputy CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY LISA E. MILLER Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 01-1602-CIVIL 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 the Writ of Execution was filed the following information concerning the real property located at 310 CHARLES ROADMECHANICSBURG~ PA ][7055 Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN Al)DR]ESS (If address cannot be reasonably ascertained, please so indicate.) LISA E. MILLER 517 SPRINGHOUSE COURT HARRISBURG, PA 17111 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 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN Al)DR]ESS (If address cannot be reasonably ascertained, please so indicate.) None REAL ESTATE SALE ~_.~-oru~ /3, 20ol thesheril;ieviedupontheclelendam~ the real property situated in ~o4~, c]J. lr~ ~p. ~r~nd CounW, ~., kn~n and num~ as: ,~td ~~ ~ ~and mom fully de~flbed on ~h~ "A" ~ wffh ~ by thls rMemnm In~ ~. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOU~LNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 20, 27, AUGUST 3, 2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general cimulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2001-1602 Civil Chase Mortgage Company West, F/K/A Mellon Mortgage Company Lisa E. Miller Atty.: Frank Federman ALL THAT CERTAIN piece or par- cel of land situate in Hampden Township, Cumberland County. Pennsylvania, bounded and de scribed in accordance with a sur- vey and plan thereof, dated ,June 26, prepared by Roy M. H. Ben- jamin. Professional Engineer. as fol- lows: BEGINNING at a point in the Northwestern Ume of Charles Road, said point being three hundred sev- Vlorgenthal, Editor SWORN TO AND ,>UBSCRIBED before me this 3 day of AUGUST. 2001 Notary to~ £. shyeR, no~ ~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 ,Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 24th and 31st day(s} of July and the 7th day(s} of August 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said Counly of Dauphi~in/~cellaneous Book "M', Volume 14, Page 317. J/! ............................... /.~ ...... ~,~ ............ ~.~ ...... .y~ ................ PUBLICATION COPY Sworn to and subscribed before~,~e th~ 21st d.a~ of ,~.~ust 2001 A.D. s A L E #24 I1' REAl. EST~T~ ~ 24 ) My Com~ssion Explmm ,.lun~ e, 2oo~ I NOTARY PUBLIC CIMIT~m~ ,, Men.er, Pennsyk, ania AsSociation o~ hmiali~ commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND coul~rrY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NFWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 336.15 $ 1.50 $ 337.65 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-H~W~, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.1LC.P. 3180-3183 CHASE MORTGAGE COMPANY WEST, FfK/A MELLON MORTGAGE COMPANy Plaintiff, LISA E. MILLER Defendant(s). CUMBERLAND COUNTY No. 01-1602-CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 5/16/01 to 9/5//01 per diem - $14.62) TOTAL $88,925.72 . $1,637.21 and Costs $90,562.93 ONE PENN CENTER at SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, P/rmsylvania, bounded and described in accordance with a survey and plan thereof, dated June 26, 68, prepared by Roy M. H. Benjamin, Professional Engineer, as follows: / BEGINNING at a point in the Northwestern Line of Charles Road, said point being three hundred enty-five (375) feet in a Northerly direction from the Northwestern corner of the intersection of / ~e~arles Road and Del_Brook Road, said point being also on the dividing line between Lots Nos. , and 8, Block "A" on the hereinafter mentioned Plan of Lots; Thence along said dividing line North fifty-six (56) degrees thirty-two (32) minutes West one hundred ninety-eight and fifteen hundredths (198.15) feet to a point; Thence North eight-five (85) degrees twenty-eight (28) minutes East ninety- eight and fifty-one hundredths (98.51) feet to a point on the divi~[ing line between Lots No. 8 and 7, Block "A"; Thence SoUth thirty-eight (38) degrees forty-four (44), minutes East one hundred forty- and forty-four-hundredths (140.44) feet to a pont on the Western Line of Charles Road; Thence along the Western Line of Charles Road, South fifty-one (51) degzees sixteen (16) minutes West thirty-six and fifty-nine hundredths (36.59) feet to a point; Thence by a curve to the left having a radius of one hundred thirty-five (135) feet, the arc distance of eighteen and forty-one hundredths (18.41) feet to a point, the Place of BEGINNING. BEING LOT No. 8, Block A, Plan No. 1 of Del-Brook Manor, recorded in Plan Book 6, Page 42, Cumberland County Records. HAVING thereon erected a one and one-half story flame and brick dwelling known and numbered as 310 Charles Road. Tax Parcel #10-21-0281-050 TITLE TO SAID PREMISES IS VEST.ED IN Lisa E. ~iller by reason of the following: BEING THE SAME premises which Dennis E. Zook and Bette J. Zook, his wife by Deed dated 4/10/87 and recorded 4/10/87 in the County of Cumberland in Deed Book P,Volume 32 page 56 conveyed unto Gerald A. Miller and Lisa E. Miller, his wife. AND BEING THE SAME premises which Gerald A. Miller and Lisa E. MEier, his wife by Deed dated 1/19/98 and recorded 1/26/98 in the County of Cumberland in Deed Book Volume 171, page 244 conveyed unto Lisa E. Miller. CHASE MORTGAGE COMPANY WEST, F/FdA MELLON MORTGAGE COMPANY Vo LISA E. MILLER Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS C]WIL DIVISION NO. 01-1602-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHASE MORTGAGE COMPANY WEST~ F/K/A MEI J ON MORTGAGE COMPANY, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 310 CHARLES ROADMECHANICSBURG~ PA 1705.~ Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDR_ESS (If address cannot be reasonably ascertained, please so indicate.) LISA E. MILLER 517 SPRINGHOUSE COURT HARRISBURG, PA 17111 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: NAME 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.) CHASE MANHATTAN BANK, AS INDENTURE TRUSTEE 1301 OFFICE CENTER DR #200 FORT WASHINGTON, PA 19034 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 Domestic Relations of Cumberland County 310 CHARLI~;S ROAD MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 1'7013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true arid 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 falsificationt to authorities. .May 22, 2001 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLA/NTIFF CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY Plaintiff, LISA E. MILLER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-1602-CIVIL TERM CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. RA?CK FED]~RMAN, ESQUIRE Attorney for Plaintiff c:~v~,gp, L A:,~i) Co<STY CHASE MORTGAGE COMPANY WEST, F/K/A MELLON MORTGAGE COMPANY Plaintiff, LISA E. MILLER Defendant(s). TO: LISA E. MILLER 517 SPRINGHOUSE COURT HARRISBURG, PA 17111 CUMBERLAND COUNTY No. 01-1602-CIVIL TERM May 22, 2001 **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 AGA/NST PROPERTY.** Your house (real estate) at 310 CHARLES ROADMECHANICSBURG, PA 17055is ? scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by CHASE MORTGAGE COMPANY WEST F/KdA MELLON MORTGAGE COMPANY (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the Sheriff's Sale. ..NOTICE OF OWNER'S RIGHTS .YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALe; To prevent this Sheriff's Sale, you must take .immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215} 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) ~E ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES T-ad~2E PLACE; 1. If the Sherif?s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling ~. 2. You may be able to petition the Court to set aside thc sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if thc buyer pays the Sheriff thc full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount duc from the Buyer is not paid to the Sheriff, you will remain the owner of thc 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 thc Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGA/L 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 piece or parcel of land situate in Hampden Township, Cumberland County, Ponnsylvania, bounded and described in accordance with a survey and plan thereof, dated June 26, s68, prepared by Roy M. H. Benjamin, Professional Engineer, as follows: GINNING at a point in the Northwestern Line of Charles Road[, said point being three hundred enty-five (375) feet in a Northerly direction from the Northwestern corner of the intersection of aries Road and Del-Brook Road, said point being also on the dividing line between Lots Nos. 9 and 8, Block "A" on the hereinafter mentioned Plan of Lots; Thence along said dividing line North fifty-six (56) degrees thirty-two (32) minutes West one hundred n:[nety-eight and fifteen hundredths (198.15) feet to a point; Thence North eight-five (85) degrees twenty-eight (28) minutes East nines- eight and fifty-one hundredths (98.51) feet to a point on the dividing line between Lots No. 8 and 7, Block 'A"; Thence South thirty-eight (38) degrees forty-four (44) minutes East one hundred forty~ and fort-y-four'hundredths (140.44) feet to a point on the Western Line of Charles Road; Thence along the Western Line of Charles Road, South fifty-one (51) degrees sixteen (16) minutes West thirty-six and fifty-me hundredths (36.59) feet to a point; Thence by a curve to the left having a radius of one hundred thirty-five (135) feet, the arc distance of eighteen and forty-one hundredths (18.4I) feet to a point, the Place of BEGINNING. BEING LOT No. 8, Block A, Plan No. 1 of Del-Brook Manor, recorded in Plan Book 6, Page 42, Cumberland County Records. HAVING thereon erected a one and one-half story frame and brick dwelling known and numbered as 310 Charles Road. Tax Parcel #10-21-0281-050 TITLE TO SAID PREMISES IS VESTED IN Lisa E. ~iller by reason of the following: BEING THE SAME premises which Dennis E. Zook and Bette J. Zook, his wife by Deed dated 4/10/87 and recorded 4/10/87 in the County of Cumberland in ]Deed Book P,Volume 32 page 56 conveyed unto Gered A. Miller and Lisa E. Miller, his wife. AND BEING THE SAME premises which Gerald A. Miller and Lisa E. Miller, his wife by Deed dated 1/19/98 and recorded 1/26/98 in the County of Cumberland in Deed Book Volume 171, page 244 conveyed unto Lisa E. Miller. SALE DATE: SEPTEMBER 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 No.: 01-1602-CIVIL TERM VS. LISA E. MILLER 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 concerning the real property located at: 310 CHARLES ROAD, MECHANICSBURG, PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and 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. December 3, 2001 FED~&~(N, E~SQUIRE Attorney fbr Plaintiff CHASE MORTGAGE COMPANY WEST, FfK/A MELLON MORTGAGE COMPANY LISA E. MILLER Plaintif~ Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-1602-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CHASE MORTGAGE COMPANY WEST~ F/FdA MELLON MORTGAGE COMPANY, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as &the dal,, the Praecipc for the Writ of Execution was filed the following information concerning the real property located at 310 CHARLES ROADMECHANICSBURG~ PA 17055 1. Name and address of Owner(s) or reputed Owner(s): ,7 NAME LAST KNOWN ADDPd~SS (If address cannot be reasonably ascertained, please so indicate.) LISA E. MILLER 517 SPRINGHOUSE COURT HARRISBURG, PA 17111 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: NAME LAST KNOWN ADDKESS (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.) CHASE MANHATTAN BANK, AS INDENTURE TRUSTEE 1301 OFFICE CENTER DR #200 FORT WASHINGTON,, PA 19034 Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address carmot 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 ADDPd~SS (If address cannot be ,. reasonably ascertained, please so indicate.) None Name and address of every other person whom the plahttiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNO~ ADDRESS (If address cannot be reasonably a~,~certained, please so indicate.) Tenant/Occupant 310 CHARLES ROAD MECHANICSBURG, PA 17055 Domestic Relations of Cumberland 13 North Hanover Street County Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. May 22, 2001. ~" DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DATE: May 22, 2001 TO: ALL pARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERT__Y OWNER(S) LISA E. MILLER PROPERTY: 310 CHARLES ROAD MECHANICSBURG, PA 17055 Improvements: Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in Cumberland County Courthouse~ South Hanover Street~ Carlisle PA. Our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. LH