Loading...
HomeMy WebLinkAbout06-6977PHELAN HALLINAN & SCHMIEG, LLP LAWRLNCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 145030 CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 V. MATTHEW L. HOYAUX SYLVIA V. COHICK 15 FAIRFIELD STREET NEWVILLE, PA 17241 Plaintiff Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM / NO. 610 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES "THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE P1RSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 Filc #: 145030 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File 4: 14 030 Plaintiff is CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 The name(s) and last known address(es) of the Defendant(s) are: MATTHEW L. HOYAUX SYLVIA V. COHICK 15 FAIRFIELD STREET NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 05/04/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR MIT LENDING which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1907, Page: 991. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. 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 05/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File 4. 145030 6 The following amounts are due on the mortgage: Principal Balance $62,043.92 Interest 2,688.32 04/01/2006 through 12/04/2006 (Per Diem $10.84) Attorney's Fees 1,325.00 Cumulative Late Charges 58.68 05/04/2005 to 12/04/2006 Cost of Suit and Title Search 550.00 Subtotal $ 66,665.92 Escrow Credit 0.00 Deficit 1,132.60 Subtotal $ 1,132.60 TOTAL $ 67,798.52 9 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 67,798.52, together with interest from 12/04/2006 at the rate of $10.84 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. PHELAN HALLINAN & SCHMIEG, LLP ?-? By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Nile #: 145030 LEGAL DESCRIPTION AI,L THAT CERTAIN tract of land situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described, as follows: ON the North by Fairfield Street; on the West by lot of ground now or formerly of Silas Mentzer; On the South by an alley; and On the East by property now or formerly of E.G. Ott, having a frontage on said Fairfield Street of 38 feet and 10 inches, along the property now or formerly of Silas Mentzer of 129 feet, a width on the alley of 28 feet and along the property of E.G. Ott, 135 feet 10 inches. HAVING erected thereon a dwelling house and being known and numbered as 15 Fairfield Street, Newville, Pennsylvania. Bl.,;ING Parcel No. 28-20-1754-070. BITING the same premises which Alphonso Jackson, Secretary of U.S. Department of Housing and Urban Development, ol'Washington D.C. by their Attorney in fact, Lew Carlson by Power of Attorney recorded in Cumberland County in Book 703, Page 4488, by Deed dated November 8, 2004 and recorded November 22, 2004 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 266 page 1689, granted and conveyed unto Chad M. Baughman, Grantor herein. PROPERTY BEING: 15 FAIRFIELD STREET F;lc 4 145039 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ;)AMt't;- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: - 141? 1J ? , A ?( _ c '' 71 CA) a PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE HOME FINANCE LLC 3415 vision drive columbus, oh 43219 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. MATTHEW L. HOYAUX SYLVIA V. COHICK Defendant(s). CIVIL DIVISION NO. 06-6977-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against MATTHEW L. HOYAUX and SYLVIA V. COHICK, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 12/5/06 to 2/1/07 TOTAL $67,798.52 $639.56 $68,438.08 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: to 2?7 PR PROTH 145030 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 CHASE HOME FINANCE LLC Plaintiff Vs. MATTHEW L. HOYAUX SYLVIA V. COHICK Defendants TO: SYLVIA V. COHICK 159 ROXBURY ROAD NEWVILLE, PA 17241 DATE OF NOTICE: JANUARY 17, 2007 COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY NO. 06-6977 r THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE INDEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 I FRANCIS S. HALLINAN, ESQUIRE L ? Cep Attorneys for Plaintiff e ., PHELAN HALLINAN & SCHMIEG, LLP a By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 15) 563-7000 CHASE HOME FINANCE LLC Plaintiff' Vs. MATTHEW L. HOYAUX SYLVIA V. COHICK Defendants TO: MATTHEW L. HOYAUX 15 FAIRFIELD STREET NEWVILLE, PA 17241 DATE OF NOTICE: JANUARY 17.-= : COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 06-6977 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY c LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FICE CDPy FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE HOME FINANCE LLC 3415 vision drive CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. MATTHEW L. HOYAUX SYLVIA V. COHICK Defendant(s). CIVIL DIVISION NO. 06-6977-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MATTHEW L. HOYAUX is over 18 years of age and resides at, 15 FAIRFIELD STREET, NEWVILLE, PA 17241. (c) that defendant SYLVIA V. COHICK is over 18 years of age, and resides at, 159 ROXBURY ROAD, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL 4SCHMIEG,ESQMIRE? Attorney for Plaintiff O -r3 y (- C,-- J'?i tl - w (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHASE HOME FINANCE LLC 3415 vision drive Plaintiff, V. MATTHEW L. HOYAUX SYLVIA V. COHICK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6977-CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By: If you have any questions concerning this matter, please contact: loci DANIEL G. SCHMIEG, E"SQUIR&E-6 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CHASE HOME FINANCE LLC Plaintiff, V. MATTHEW L. HOYAUX SYLVIA V. COHICK No. 06-6977-CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Add' 1 cost Interest from 2/1/07 to JUNE 13, 2007 (per diem -$11.25) TOTAL $68,438.08 $1,824.50 $1,485.00 and Costs $68,438.08 ,,,T7 -A - X?i - DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative the plaintiff at the Sheriff's Sale. The sale must be postponed stayed in the event that a representative of the plaintiff is not present at the sale. of or 145030 d O? w u' o? a UZ OU ?A od U? H? V tom, r^- y Z-., A °+ .;.+ C„T a W w x v U av H? 0 U W o 4 u a: H W O c W aw+ I U a b a; w `A y? ,r V y V t ~ y v ~ d 3 J Li M r0'1 Ll OV q-0 Mr .-4 N ,d, ? N d? aQ a 000 as H? ?O c? o W ? o? 45 d V z 1 a; w a J 0 M 0 V V ?J n C? s 0 V ALL THAT CERTAIN tract of land situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described, as follows: ON the North by Fairfield Street; on the West by lot of ground now or formerly of Silas Mentzer; On the South by an alley; and On the East by property now or formerly of E.G. Ott, having a frontage on said Fairfield Street of 38 feet and 10 inches, along the property now or formerly of Silas Mentzer of 129 feet, a width on the alley of 28 feet and along the property of E.G. Ott, 135 feet 10 inches. HAVING erected thereon a dwelling house and being known and numbered as 15 Fairfield Street, Newville, Pennsylvania. BEING Parcel No. 28-20-1754-070. PARCEL IDENTIFICATION NO: 28-20-1754-070 TITLE TO SAID PREMISES IS VESTED IN Matthew L. Hoyaux and Sylvia V. Cohick, by Deed from Chad M. Baughman, a married man, dated 04/29/2005, recorded 05/16/2005, in Deed Book 268, page 4345. PROPERTY: 15 FAIRFIELD STREET PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE HOME FINANCE LLC Plaintiff, V. MATTHEW L. HOYAUX SYLVIA V. COHICK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6977-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ?? C', ?:? r''" u r `C7 .. _. .?-? -,-? ?` ;=?? - i::;? ! ?r = ;; _ ? __??_, _ ""? 1,,,?1 .. ?.- i:3 .^? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6977 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC, Plaintiff (s) From MATTHEW L. HOYAUX AND SYLVIA V. COHICK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $68,438.08 L.L. $.50 Interest FROM 2/1/07 TO 6113/07 (PER DIEM - $11.25) -- $1,485.00 AND COSTS Atty's Comm % Due Prothy $1.00 Arty Paid $186.48 Plaintiff Paid Other Costs ADD'L COST - $1,824.50 Date: FEBRUARY 6, 2007 (Seal) REQUESTING PARTY: - 3,a'Z44 C is R. Long, onot By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 --a CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6977-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) CHASE HOME FINANCE LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,15 FAIRFIELD STREET. NEWVILLE. PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): CHASE HOME FINANCE LLC Plaintiff, V. MATTHEW L. HOYAUX SYLVIA V. COHICK Defendant(s). Name MATTHEW L. HOYAUX SYLVIA V. COHICK Last Known Address (if address cannot be reasonably ascertained, please indicate) 15 FAIRFIELD STREET NEWVILLE, PA 17241 159 ROXBURY ROAD NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None MI 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 15 FAIRFIELD STREET NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 1, 2007 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ?"? - C'J (?. ? ? } t ??T V? ?r 1<<,,.. ,*..'Lff l ? ? r ?„ S"i't x ` V • ?+w -.'y CHASE HOME FINANCE LLC Plaintiff, V. MATTHEW L. HOYAUX SYLVIA V. COHICK Defendant(s). CUMBERLAND COUNTY No. 06-6977-CIVIL TERM February 1, 2007 TO: MATTHEW L. HOYAUX 15 FAIRFIELD STREET NEWVILLE, PA 17241 SYLVIA V. COHICK 159 ROXBURY ROAD NEWVILLE, PA 17241 * *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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 15 FAIRFIELD STREET, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriff s Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $68,438.08 obtained by CHASE HOME FINANCE LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described, as follows: ON the North by Fairfield Street; on the West by lot of ground now or formerly of Silas Mentzer; On the South by an alley; and On the East by property now or formerly of E.G. Ott, having a frontage on said Fairfield Street of 38 feet and 10 inches, along the property now or formerly of Silas Mentzer of 129 feet, a width on the alley of 28 feet and along the property of E.G. Ott, 135 feet 10 inches. HAVING erected thereon a dwelling house and being known and numbered as 15 Fairfield Street, Newville, Pennsylvania. BEING Parcel No. 28-20-1754-070. PARCEL IDENTIFICATION NO: 28-20-1754-070 TITLE TO SAID PREMISES IS VESTED IN Matthew L. Hoyaux and Sylvia V. Cohick, by Deed from Chad M. Baughman, a married man, dated 04/29/2005, recorded 05/16/2005, in Deed Book 268, page 4345. PROPERTY: 15 FAIRFIELD STREET r i f? .S .r PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215 563-7000 Chase Home Finance LLC Plaintiff vs. Matthew L. Hoyaux Sylvia V. Cohick Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division Cumberland County No. 06-6977-Civil Term PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on December 5, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A» 2. Judgment was entered on February 6, 2007 in the amount of $68,438.08. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which carp be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 13, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $62,043.92 Interest Through 6/13/07 4,744.56 Per Diem $10.84 Late Charges 136.92 Legal fees 1,325.00 Cost of Suit and Title 1,057.00 Sheriffs Sale Costs 0.00 Property Inspections 0.00 Appraisal/Brokers Price Opinioin 0.00 Mortgage Insurance Premium/Private 47.03 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 2,178.05 TOTAL $71,532.48 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiff ; attached brief 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on April 18, 2007 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No Judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DateAr 151b 1111 P11 lan Hallman &'Schmieg, LLP By: Michel M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Chase Home Finance LLC Plaintiff vs. Matthew L. Hoyaux Sylvia V. Cohick Defendants Court of Common Pleas Civil Division : Cumberland County : No. 06-6977-Civil Term MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 15 Fairfield Street, Newville, PA 17241. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its. interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Real , 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE _ I? 1a 1J Phel i n & chmieg, LLP By: Mic ele ffi. radfor , Esquire Attorney for Plaintiff Exhibit "A" PHELAN IIALL[NAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLMAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 215 563-7000 _ 145030 CW'-,, HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, 0H 43219 Plaintiff v. 1v>[ATTfIEW L. HOYAUX SYLVIA V. COHICK 15 FAIR.FIELD STREET NEWVILLE, PA 17241 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. &9?7 CUMBERLAND COUNTY c TJ M CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE i r ;?- c - Jr ?.. -c t [S1 -v U all 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 Menty (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 de.fe»ses 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 otherrights important to you, YQII SHOULD TAKE THIS PAPER TO-YOUR LAWYER AT ONCE. IF YOU X O NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association _32 South Bedford Street Carlisle, PA 17013 (800)990-9108 4 a q%e? LEgS,, lLC CO, ?URPI ti 17, a ?t File #-. 145030 PHELAN HALLINAN ,& SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id_ No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADIELPIIIA, PA 19103 (215)563-7000 CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 145030 Plaintiff V. MATTHEW L. HOYAUX SYLV IA V. COHICK 15 FAIR:FIELD STREET NEWVILLE, PA 17241 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE AISLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association :32 South Bedford Street Carlisle, PA 170 t' (800)990-9108 yis hereby Cerd'V t"o ,WitK%n to be a true nd Cohe ©py correct original filed of recDfd File#: 145030 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILET) BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File ft: 14503(1 1. Plaintiff is CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: NIAYI-HEW L. HOYAUX YLVIA V. COHICK 15 FAIRFIELD STREET NF,WVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 05/04/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, W. AS A NOMINEE FOR MIT LENDING which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1907, Page: 991. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same- 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said i-nortgage due 05/01/2006 and each month thereafter are due and unpaid, and by the terms of said mnortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent-to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File k 145030 6. The following amounts are due on the mortgage: Principal Balance $62,043.92 Interest 2,68832 04/01/2006 through 12,104/2006 (Per Diem $10.84) Attorney's Fees 1,325.00 Cumulative Late Charges 58.68 05/04/2005 to 12/04/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 66,665.92 Escrow Credit 0.00 Deficit 1,132,60 Subtotal $ 1,132.60 TOTAL $ 67,798.52 7. The attorney's fees set forth above are in conformity with the mortgage, documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as rewired by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 67,798.52, together with interest from 12/04/2006 at the rate of $10.84 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. PHELAN HALLINAN & SCHMIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Filer; 145030 LEGAL DESCRIPTION ALL THAT CE,I?,TAfN tract of land situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described, as follows. ON the North by Fairfield Street; on the West by lot of ground now or formerly of Silas Mentzer; On the South by an alley; and On the East by property now or formerly of E.G. Ott, having a frontage on said Fairfield Street of 38 feet and 10 inches, along the property now or formerly of Silas Mentzer of 129 feet, a width on the alley of 28 feet and along the property of E.G, Ott, 135 feet 10 inches. HAVING erected thereon a dwelling house and being known and numbered as 15 Fairfield Street, Newville, Pennsylvania. B334NG Parcel No. 28-20-1754-070. BEING the same premises which Alphonso Jackson, Secretary of U.S. Department of Housing and Urban Development, of Washington D.C, by their Attorney in fact, Lew Carlson by Power of Attorney recorded in Cumberland County in Book 703, Page 4488, by Deed dated November 8, 2004 and recorded November 22, 2004 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 266 page 1689, granted and conveyed unto Chad M. Baughman, Grantor herein. PROPERTY BEING: 15 FAIRFIELD STREET Pitt #: 145030 Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.Y. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Ptaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1440 PHILADELPHIA, PA 19103-IS14 21( 5) 563.7000 CHASE HOME FINANCE LLC 3415 vision drive Columbus, ob 43219 Plaintiff, V. MATTHEW L. HOYAUX SYLVIA V. COHICK Defendant(s). w. V. ? s lie VE CUMBERLAND COUNTY, COURT OF COMMON PL AS CIVIL DIVISION t c NO. 06-6977-CIVIL TEI" • ? wy L ' W W PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: -r? r?-n 3 rn Kindly enter an in rem judgment in favor of the Plaintiff and against MATTHEW L. HOYAUX and SYLVIA V. COHICK, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and. for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 12/5/06 to 2/1/07 TOTAL $67,798.52 $639.56 $68,438.08 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMIEG, ESQUIRU? Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 145030 } Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 micthele.bradford@fedphe.com Michele 1V1. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey April 17, 2007 Matthew L. Hoyaux Sylvia V. Cohick 15 Fairfield Street Newville, PA 17241 RE: Chase Home Finance LLC vs. Matthew L. Hoyaux and Sylvia V. Cohick Premises Address: 15 Fairfield Street, Newville, PA 17241 Cumberland County CCP, No. 06-6977-Civil Term Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within five days, by April 23, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. re ours M hel . Bra f ,Esquire For Phe an Hallman & Schmieg, LLP Enclosure W m a g? 3000'a'Z Q?4$4W`ppo L} 'a da QZ O?-?:j S,a A;Nl?d ? 6 "Oo o. ti d Z ? .a d ? 7 d K U. ? ? r ° C ? z p.r V U ? •p a to ea ? T t!y U ? ?+ y two ? R i a -ot .J J ? t d ti) a x r, o ? N y O ,f ?. N W ? U p O R G 0. G A N q N ? G G ? F J W K .N d ? w a 7 ? O od F N ? F C y .? ? O ? ? y o q q J ? N T F ? ? A O .a I ^' o y ogG''" a w ?.? N 4 C ? ? N o? sty fn O H OsU Gj O 00 a d w ? T a 0W ao 4 p N M U O o? U rn 00 w r` VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: 1016 ?- Phelan Hallinan & Schmieg, LLP By: Q Miche . WBravdeord, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215 563-7000 Chase Home Finance LLC Plaintiff vs. Matthew L. Hoyaux Sylvia V. Cohick Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division Cumberland County No. 06-6977-Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. Matthew L. Hoyaux Sylvia V. Cohick 15 Fairfield Street Newville, PA 17241 Matthew L. Hoyaux Sylvia V. Cohick 159 Roxbury Road Newville, PA 17241 DATE: 1 Phelan 11 an & Sch ieg LLP By: Michele radford, Esquire Attorney for Plaintiff AFFIDAVIT OF SERVICE PLAINTIFF CHASE HOME FINANCE LLC DEFENDANT(S) MATTHEW L. HOYAUX SYLVIA V. COHICK SERVE MATTHEW L. HOYAUX AT 15 FAIRFIELD STREET NEWVILLE, PA 17241 CUMBERLAND COUNTY No. 06-6977-CIVIL TERM PHS #: 145030 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 13, 2007 SERVED Serv and made known to. }•} hew L. 140 V , Y Defendant, on the 0 ' _ day of c6rua 200 at o'clock)em., at . Commonwealth of Pennsylvania, in the manner described below: ._ZDefendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place 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: Description: Age 2,5`- 5r Heig 9 ht E) 'l Weight 176 Race t,n./ Sex Other I, t OVA R0 612NI a competent adult, being duly sworn according to law, depose and state that a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case onthrsonally hand the address indicated above. l e date and atd and su crud By: C ?`-CJ `? n 52ALE" 200 ERVICE AT LE AST 3 T PATRICIA E. HARRIS NOT SERVED ' T*Bim Expires 06, 2006 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant -,?„ ,? ? , .. ,?;;c IMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED State of New Jersey 1st Attempt: Time; 3rd Attempt: Time• Sworn to and subscribed before me this day of 200 Notary: By. Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 2 °a Attempt: / Time• / C= `5 4W F' ;- - fa ' d. AFFIDAVIT OF SERVICE PLAINTIFF CHASE HOME FINANCE LLC CUMBERLAND COUNTY DEFENDANT(S) MATTHEW L. HOYAUX No. 06-6977-CIVIL TERM SYLVIA V. COHICK PHS #: 145030 SERVE SYLVIA V. COHICK AT Type of Action 159 ROXBURY ROAD - Notice of Sheriff's Sale NEWVILLE, PA 17241 Sale Date: JUNE 13, 2007 SERVED Served and made known to S?F I V 1A V. (6 h: C K , Defendant, on the 10 day of FC b ?a ?^ Y , 200j at1,53, o'clock4m., at IS-.9 Qo K b,.^y Rd. , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place 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: Description: Age 6l:llr Height C_1 G 1( Weight 12o Race W Sex 17 Other I, G u u,d Qd b o-t 4 , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. By. O L,;iRf- - j No:ar ! Public State of New Jersey PATRICIA E. HARRIS On theCorrrrwat' ion Expires Jung 16, 2008 day of AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1st Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 Vacant 2nd Attempt: 1 / Time: s ? r-J, O . , r- ; - rL, • w, 'Y APR 87 2W7 e yl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Chase Home Finance LLC Plaintiff VS. Matthew L. Hoyaux Sylvia V. Cohick Defendants : Court of Common Pleas : Civil Division : Cumberland County : No. 06-6977-Civil Term RULE AND NOW, this Q day of ` I 2007, a Rule is entered upon the Defendants 14 to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. {?- 1 &3 4aj I ci Rule Returnable o n Co e Cumberland ou . s?? v 9- I7a y / 145030 QNN' j yh r r PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Chase Home Finance LLC Plaintiff VS. Matthew L. Hoyaux Sylvia V. Cohick ATTORNEY FOR I Court of Common Pleas Civil Division Cumberland Co my No. 06-6977-CMI Term Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the April 30, 2007 Rule defendant to show by May 14, 2007 was sent to the following individuals on t below. Matthew L. Hoyaux Sylvia V. Cohick 15 Fairfield Street Newville, PA 17241 DATE:-?514??q Matthew L. Hoyaux Sylvia V. Cohick 159 Roxbury Road Newville, PA 17241 Phelan Hallii By: irecting the date indicated LLP Attorney for na -' 9 t,e -r w_'w r Cdr SHERIFF'S RETURN - REGULAR CASE NO: 2006-06977 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS HOYAUZ MATTHEW L ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon •++ ,r.i. HOYAUX MATTHEW L the DEFENDANT , at 1800:00 HOURS, on the 27th day of December-, 2006 at 15 FAIRFIELD STREET NEWVILLE, PA 17241 by handing to HOLLY HOYAUX, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.80 Affidavit .00 Surcharge 10.00 .00 i?a y?b 7 L? 36._80 Sworn and Subscibed to before me this day of , So Answers: ,w -? , f .1 - 0. R. Thomas Kline 12/28/2006 PHELAN HALLINAN SCHMIEG By: ep ty Sheriff A.D. SHERIFF'S RETURN - NOT FOUND y A CASE NO: 2006-06977 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS HOYAUZ MATTHEW L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT COHICK SYLVIA V but was unable to locate Her in his bailiwick. He therefore returns the r'nMDT,A TTNTT _ MnDM VnDU the within named DEFENDANT 15 FAIRFIELD STREET COHICK SYLVIA V NOT FOUND , as to NEWVILLE, PA 17241 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21 . 00 So answers: R. m Kline Sheriff of Cu erland County PHELAN HALLINAN SCHMIEG 12/28/2006 Sworn and Subscribed to before me this day of A. D. -old -WA ..i.ii «.li SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-06977 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS HOYAUZ MATTHEW L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HOYAUX MATTHEW L but was unable to locate Him in his bailiwick (1r)MDT.T TT,T'T _ MhDT Len= He therefore returns the the within named DEFENDANT 159 ROXBURY ROAD , HOYAUX MATTHEW L NOT FOUND , as to NEWVILLE, PA 17241 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing 6.00 Service 9.68 Not Found 5.00 Surcharge 10.00 .00 So answers: Thom ine Sheriff of Cumberland County 30.68 .1 q1t) -2 4-1 Sworn and Subscribed to before me this day of A.D. PHELAN HALLINAN SCHMIEG 12/28/2006 C7 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Chase Home Finance LLC Court of Common Pleas Plaintiff VS. Matthew L. Hoyaux Defendant PRAECIPE TO THE PROTHONOTARY: : Civil Division : Cumberland County : No. 06-6977-Civil Term Plaintiff hereby withdraws its Motion to Reassess Damages, filed on May 7, 2007 in the above referenced action. t?l 4 1 Date Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Chase Home Finance LLC Plaintiff vs. Matthew L. Hoyaux Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County No. 06-6977-Civil Term CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. Matthew L. Hoyaux Matthew L. Hoyaux Sylvia V. Cohick Sylvia V. Cohick 15 Fairfield Street 159 Roxbury Road Newville, PA 17241 Newville, PA 17241 Date ichele M. Brad or ,Esquire Attorney for Plaintiff C7 '} i'11 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Chase Home Finance LLC VS. Matthew L. Hoyaux Plaintiff Defendant PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County No. 06-6977-Civil Term Plaintiff hereby withdraws its Motion to Reassess Damages, filed on April 26, 2007 in the above referenced action. 5 Date nMi ele . Bradfo squire Attorney for Plaintiff c:a Ste,} ,.'> S'", ? yf PHELAN HALLINAN & SCHMMG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Chase Home Finance LLC Court of Common Pleas VS. Matthew L. Hoyaux CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. Matthew L. Hoyaux Matthew L. Hoyaux Sylvia V. Cohick Sylvia V. Cohick 15 Fairfield Street 159 Roxbury Road Newville, PA 17241 Newville, PA 17241 Date ich le M. radfor , squire Attorney for Plaintiff Plaintiff : Civil Division : Cumberland County : No. 06-6977-Civil Term Defendant i"o PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Chase Home Finance LLC . Matthew L. Hoyaux Sylvia V. Cohick Plaintiff vs. Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County No. 06-6977 CIVIL TERM Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. , Date: I Francis S. Hal inan, Esquire Attorney for Plaintiff PHS# 145030 ;tea /^'+ C:_) } . -y'] .._. -. ? 7 ?^.?i ?.? _ ?? E3 ?i ?. ?? ?; CHASE HOME FINANCE: IN THE COURT OF COMMON PLEAS OF LLC, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW MATTHEW L. HOYAUX,: Defendant NO. 06-6977 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of May, 2007, upon consideration of Plaintiff's Praecipe filed on May 21, 2007, withdrawing the Motion to Reassess Damages, the Rule issued on April 30, 2007, is hereby discharged. BY THE COURT, ) / jj,-7 -, '?j I J. esley Oler ., J. Michele M. Bradford, Esq. 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Matthew L. Hoyaux Sylvia V. Cohick 15 Fairfield Street Newville, PA 17241 ?atthew L. Hoyaux Sylvia V. Cohick 159 Roxbury Road Newville, PA 17241 6QY' c? ? r ,0 O :rc s? _? ?a a£ ???iaat Rt?11 ?? a?aII 341 ?a Chase Home Finance LLC VS Matthew L. Hoyaux and Sylvia V. Cohick In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-6977 Civil Term Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 21, 2007 at 1350 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Matthew L. Hoyaux, by making known unto Matthew Hoyaux, personally, at 15 Fairfield St., Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, states that on March 15, 2007 at 2025 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Sylvia V. Cohick, by making known unto Sylvia V. Cohick, personally, at 159 Roxbury Road, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2007 at 1206 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Matthew L. Hoyaux and Sylvia V. Cohick, located at 15 Fairfield St., Newville, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Matthew L. Hoyaux and Sylvia V. Cohick, by regular mail to their last known addresses of 15 Fairfield St., Newville, PA 17241 and 159 Roxbury Road, Newville, PA 17241, respectively. These letters were mailed under the date of April 3, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of instruction from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 1,458.06 Advertising 15.00 Posting Handbills 15.00 Mileage 23.04 Levy 15.00 Surcharge 30.00 Prothonotary 1.00 Law Library .50 Share of Bills 16.17 Law Journal 355.00 Patriot News 266.36 $2,225.13 ? 9- lip 6101 51514 c,?z So Answers: ' R. Thomas Kline, Sheriff BY Real Estate eputy CHASE HOME FINANCE LLC Plaintiff, V. MATTHEW L. HOYAUX SYLVIA V. COHICK Defendant(s). Y CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6977-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) CHASE HOME FINANCE LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,15 FAIRFIELD STREET, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name MATTHEW L. HOYAUX SYLVIA V. COHICK Last Known Address (if address cannot be reasonably ascertained, please indicate) 15 FAIRFIELD STREET NEWVILLE, PA 17241 159 ROXBURY ROAD NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 15 FAIRFIELD STREET NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 1, 2007 ?? . DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff CHASE HOME FINANCE LLC Plaintiff, V. MATTHEW L. HOYAUX SYLVIA V. COHICK Defendant(s). CUMBERLAND COUNTY No. 06-6977-CIVIL TERM February 1, 2007 TO: MATTHEW L. HOYAUX 15 FAIRFIELD STREET NEWVILLE, PA 17241 SYLVIA V. COHICK 159 ROXBURY ROAD NEWVILLE, PA 17241 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 15 FAIRFIELD STREET, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $68,438.08 obtained by CHASE HOME FINANCE LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described, as follows: ON the North by Fairfield Street; on the West by lot of ground now or formerly of Silas Mentzer; On the South by an alley; and On the East by property now or formerly of E.G. Ott, having a frontage on said Fairfield Street of 38 feet and 10 inches, along the property now or formerly of Silas Mentzer of 129 feet, a width on the alley of 28 feet and along the property of E.G. Ott, 135 feet 10 inches. HAVING erected thereon a dwelling house and being known and numbered as 15 Fairfield Street, Newville, Pennsylvania. BEING Parcel No. 28-20-1754-070. PARCEL IDENTIFICATION NO: 28-20-1754-070 TITLE TO SAID PREMISES IS VESTED IN Matthew L. Hoyaux and Sylvia V. Cohick, by Deed from Chad M. Baughman, a married man, dated 04129/2005, recorded 05/16/2005, in Deed Book 268, page 4345. PROPERTY: 15 FAIRFIELD STREET WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-6977 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC, Plaintiff (s) y From MATTHEW L. HOYAUX AND SYLVIA V. COHICK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $68,438.08 L.L. $.50 Interest FROM 2/1/07 TO 6/13/07 (PER DIEM - $11.25) -- $1,485.00 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $186.48 Other Costs ADD'L COST - $1,824.50 Plaintiff Paid Date: FEBRUARY 6, 2007 - lilt Curs R. Long, onota (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 52 On February 23, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Newville Borough, Cumberland County, PA Known and numbered as 15 Fairfield Street, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 23, 2007 By: c 'p .J Real Esthteergeant SZ ci S t fl3. l Ol J . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 20, 27 & May 4, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. itor WORN TO AND SUBSCRIBED before me this 4 day of Ma 2007 KI- ?.,L V RZAL, EWATZ W.Z NO. 52 Writ No. 2006-6977 Civil Chase Home Finance LLC vs. Matthew L. Hoyaux and Sylvia V. Cohick Atty.: Daniel Schmieg ALL THAT CERTAIN tract of land situate in the Borough of Newville, Cumberland County, Pennsylvania, bounded and described, as follows: ON the North by Fairfield Street; on the West by lot of ground now or formerly of Silas Mentzer; On the South by an alley; and On the East by property now or formerly of E.G. Ott, having a frontage on said Fairfield Street of 38 feet and 10 inches, along the property now or formerly of Silas Mentzer of 129 feet, a width on the alley of 28 feet and along the property of E.G. Ott, 135 feet 10 inches. HAVING erected thereon a dwell- ing house and being known and numbered as 15 Fairfield Street, Newville, Pennsylvania. BEING Parcel No. 28-20-1754- 070. PARCEL IDENTIFICATION NO: 28-20-1754-070. TITLE TO SAID PREMISES IS VESTED IN Matthew L. Hoyaux and Sylvia V. Cohick, by Deed from Chad M. Baughman, a married man, dated 04/29/2005, recorded 05/16/2005, in Deed Book 268, page 4345. PROPERTY: 15 FAIRFIELD STREET. ,-k THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 in the 18th and 25th day(s) of April and the 2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#52 ....... ...... ...... . .... .. .... ..... 61 ......... .......................... Sworn to and subscribed before Notarial Seal Terry L. Russell, Notary Public City of Harrisburg, Dauphin Cuunty My Commission Expires June 6, 2010 //1 Me e , Pennsylvania Association of Notaries //1N. ,.OOi NOT CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013