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HomeMy WebLinkAbout02-4027THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein/ I.D. No. 53002 Kristen J. DiPaolo / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys tbr Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent, Cenlar, F.S.B., Plainti fl; .lAY ARTHUR FISHER aJk/a JAY A. FISHER, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE NO'lICE NOT[( IA YODHAVEBEENSI/EDIN¢'OURT II YOU WISH TO DEFEND AGAINST IH} CI,AIMS SE I F( IRI H IN THE FOLLOWING PAGES, Yf )U MDST'IAKE ACII(IN WIHIlN IWENIY(20) DAYS AFl ER THIS COMPLAINI AN[) NOTICE ARE S[RVfD BY ENFERING A WRHTEN APPEARANCE PERSONAIJ. Y I)R BY ATTORNEY AND FILING IN WRIT[NGWITH'IHI C(BJR~ '~OUR DEFENSESOROBIECTIONSTO THE CLAIMS SET FORIII AGAINSI YOD YOU ARE WARNED IHAT IF YOU FAIL I D DO SD TI [E CASE MAY PROCEED WITHOUT YOI J AND A JUDGMENT MAY BE EN [FRED AGAINST YOU BY 'IHE COURT WITHOU I' FIJRIHER NDTI( Id POR ANY MONEY CLAIMED IN TI [E COMPLAIN I DR FOP, ANY ()TilER CI AIM OR RELIEF REQDES I'ED BY TIIEPEAINTIFF. YOUMAYEDSI MONEYORPROPERTYOROTIIER RIGHTS IMPOR FAN I I'D YUI; YOUSHDULDTAKE]IIISI~APEP, ['DYOURIAWYERAFONCE IF YOD DO NOF HAVE A IAWYIR OR CANNOT AFFORDONE~GD IO OR TELEPHONE TI 11 DFHCE SP I [:()RTII BELOW TD FIND OUT WI IERE I 7171240-6200 LE }JAN DEMANDADO A USTED EN LA COR'I E SI USI ED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN lAS PAGINAS SIGUIEN I ES, USI ED T[ENE (20) DIAS DE PLAZO A PAR'I IR DE LA FECHA DE LA DEMANDA y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENC[A ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN EA CORTE SUS DI FENSAS O SUS OBJECIONES A EAS DEMANDAS ENCONTRA DE Ski PERSONA SEA AVISADO QUE SI LISTED NO SE DEFIENDE l A CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USFED SIN PREVIO AVISO O NDTIFICACION O PDR CUALQIER QUEJA O ALIVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA USTED PUEDE PERDER DINERO, SUS PROPIEDADES O OTROS DERECItOS ]MPORTANTES PARA IJSTED LLEVE ES'IA DEMANDA A UN ABOGADO INMEDIATAMENTE S1NO TIENE ABOGADO O SI NO TIENE EL DINERO SDFICIEN PE PARA PAGAR TAL SERVICIO, VAYA EN PERSONA () LLAME POR TELEEONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRll A ABAK) PARA AVERIGLIAR DONDE lIS [ED PUEDE CONSEGUIR ASISTENCIA IIGAE Cumberland County Court Administrator 4th Floor (717) 240-6200 NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1601 (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. § 201, ETSEQ. ("THE ACTS") To the extent the Acts may apply, please be advised of the following: 1. The amount o~'the original debt is stated in the Complaint attached hereto. The Plaintiffwho is named in the attached Complaint and/or its loan servicing agents are Creditors to whom the debt is owed. ]'he debt described in the Complaint attached hereto and evidenced by the copies of the mortgage and note will be assumed to be valid by the Creditor's law firm, unless the Debtors/Mortgagors, within thirty days alter receipt of this notice, dispute, in writing, the validity of the debt or some portion thereof. if the Debtors'Mortgagors notity the Creditor's law firm in ~vriting within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's Iaw firm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor by the Creditor's la~v firm. If the Creditor who is named as Plaintiff in the attached Complaint is not the original Creditor. and if the Debtor/Mortgagor makes written request to the Creditor's law firm within thirty days from the receipt of this notice, the name and address of the original Creditor will be mailed to the Debtor by the Creditor's law- firm. 6. Written request should be addressed to: THE LAW OFFICES OF BARBARA A. FEIN, P.C. Attention: Kristen DiPaolo, Esquire 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 THIS LETTER MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1. (a) below described. (b) CIVIL ACTION -- COMPLAINT 1N MORTGAGE FORECLOSURE The Plaintiff; Mortgage Electronic Registration System, Inc., is the holder of a mortgage as Cenlar. FSB, is a Corporation having been organized under the laws of the State of New Jersey and having its principal place of business at 425 Phillips Boulevard, Ewing, NJ 08618. (c) Cenlar, FS B, is the loan servicing agent lbr Plaintiff; maintaining the business records fbr the Plaintilt7 Mortgagee in the ordinary course and scope of business. 2. (a) Defendant Jay Arthur Fisher a/k/a Jay A. Fisher is an individual whose last known address is 10akwood Avenue, Mechanicsburg, PA 17055-4730. (b) Defendant Jay Arthur Fisher a/k/a Jay A. Fisher holds an interest in the subject property as both a Real Owner and Mortgagor. (c) If the above named Defendant is deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through his estate whether the estate is probated. 3. (a) The residential mortgage being ibreclosed upon is secured by property located at 10akwood Avenue, address within the Township of Upper Allen, Cumberland County, Pennsylvania. (b) All documents evidencing the residential mortgage have been recorded in the Recorder of Deeds' Office in Cumberland County, Pennsylvania. (c) l'he Mortgage was executed on June 24, I985 and was recorded on June 24, 1985 in Mortgage Book 781. at Page 660. (d) The legal description fbr this parcel is attached and incorporated as Exhibit "A" (Mortgaged Premises). (e) The herein named Plaintiff has standing to bring the instant action by virtue of Assignments of Mortgage, duly and publicly recorded as below: Assignor: Colonial Mortgage Service Company Assignee: Federal Home Loan Mortgage Corporation (FHLMC) Recording Date: October 7, 1986 (Assignment) Book: 324 At Page: 261 Assignor: Federal Home Loan Mortgage Corporation (FHLMC) Assignee: GMAC Mortgage Corporation f/k/a GMAC Mortgage Corporation of PA. Successor by Merger to GMAC Mortgage Corporation of Iowa Recording Date: As Recorded (Assignment) Book: As Recorded At Page: As Recorded Assignor: GMAC Mortgage Corporation f/k/a GMAC Mortgage Corporation of PA, Successor by Merger to GMAC Mortgage Corporation of Iowa Assignee: Cenlar, FSB, Nominee (MERS) Recording Date: January 2, 2001 (Assigmnent) Book: 663 At Page: 468 By virtue of Pennsylvania Rules of Civil Procedure Rule 1147 (1) and 1019(g), and on thc basis of environmental responsibility, Plaintiff is not obliged to append copies of the above mentioned publicly recorded documents to this mortgage foreclosure action. 4. The mortgage is in default because the Defendant above named failed to timely tender the monthly payment of $916.32 on December 1,2001, and thereafter failed to make the monthly payments. 5. As authorized under the mortgage instrument, the loan obligation has been accelerated. 6. Plaintiff seeks entry of judgment in rem on the fbllowing sums: (a) Principal balance of mortgage due and owing (b) Interest due and owing at the rate of 12.625% calculated t?om the default date above stated through August 16, 2002 interest will continue to accrue at the per diem rate of $17.27 through the date on which judgment in rem is entered in Plaintiffs favor. (c) Late Charges due and owing under the Note in accordance with the Mortgage Instrument (d) Escrow Advances made by Plaintiff Mortgagee on behalf of Defendant mortgage account (e) Corporate Advances and other fees as recoverable under the terms of the mortgage instrument (t) Courl Costs and fees as recoverable under the mortgage terms, estimated (g) Attorneys' ti:es Calculated as 5% of the principal balance due, in accordance with the mortgage terms TOTAL 1N REM JUDGMENT SOUGHT BY PLAINTIFF $49,922.44 4,973.08 140.00 1,927.71 55.50 300.00 2,496.12 $59,814.85 7. (a) The attorneys' lees set lbrth as recoverable at Paragraph 6(g) are in conformity with Pennsylvania law and the terms of the mortgage, and will be collected in the event of a third-party purchaser at a Sheriffs Sale only. (b) lfthe mortgage arrears are to be reinstated or paid-off prior to the Sheriff's Sale, Plaintiffs actual attorneys' fees (calculated at counsel's hourly rate) will be charged based upon work actually perfbrmed. Dollars. (a) The original principal balance of the Mortgage is less than Fifty Thousand ($50,000.00) (b) Under ACT 6, 41 P.S. §101, el seq., Plaintiff Mortgagee is obliged to serve Notice of its Intention to Accelerate thc Mortgage by certified mailing prior to its instituting tbreclosure proceedings. The Plaintiff hereunder served said Notice upon the defaulting borrower on February 11, 2002 (c) Appended hereto and incorporated herein by reference as Exhibit "B" are copies of the Notices required, having been sent on the date set forth on the Notice. 9. (a) The subject mortgage is governed by ACT 91 of 1983 35 P.S. § 1840.401C, el seq.. (b) Under Pennsylvania's ACT 91, PlaintiffMortgagee is obligated to serve the Defendants with notice of their rights under the "Homeowners Emergency Mortgage Assistance Program", by regular mailing, prior to initiating lbreclosm'e proceedings. The Plaintiff hereunder served said Notice upon the dethulting borrower on February 11, 2002 (c) Appended hereto and incorporated herein by reference as Exhibit "B" are copies of the Notices required, having been sent on the date set ~brth on the Notice. (d) The Defendant has l[hiled to make a timely application for financial assistance with the Pennsylvania Housing Finance Agency. WHEREFORE, the Plaintiff, Mortgage Electronic Registration System, Inc., By and Through its Loan Servicing Agent. Cenlar, F.S.B.,, respectfully requests: -- Entry of.judgment in rem against the Defendant above named in the total amount of $59,814.85 as stated Paragraph 6, plus all additional interest and late charges accruing through date of judgment entry; and -- Foreclosure and SherifFs Sale of the subject mortgaged property. Respectfully Submitted, THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. 53002 of Upper Aiien, County of C~nberland end State .cf Pennsylvania, bounded and described ae follows: BEGINNING ut a pein2 in the westerly line of Oehwood Avenue wide), Which said ~oint is in the division line between Lots NOS. 7 and 8 in the hereinafter mentioned Plan of Do=s; thence along said westerly line of Oakwood Avenue (40 feet wide), North 27 degrees 24 minutes West,' forty and seventy-one one-hundredths (40.71) feet to a point; thence continuing along said westerly line of Oakwood Avenue (40 feet Wide) in a northerly direction along the arc of .s circle curving to the r~ght and having a radius of eighty (~0) feet, the arc distance of .sixty-seven and fifty-nine one-hundredths-(6?.sg) feet to s ~oint~ thence South 62 degrees 2S minute~ West, one h~dred sixty-six and eighty- nine one~hundredths (166.89) feet to a point~ thence along the Line of lands now Or late of Paul Baish and Benjamin Shelly and ' wife, South 27 degrees 24 minutes East, one hundred (150} to a point in the ~/vision line be=ween Lots Nos. 7 and 8, afore- mentioned; thence along the division line between LOts Nos. 7 and 8, North 62 degrees 36 minutes East, one hundred forty (140) feet to a point in the westerly line of Oakwood Avenue (40 feet wide), aforementioned, at the poin~ and ~lace of BEGINNING. S~ING Let No. 7, Block ~A," in the Plan of Lots known aa '~RCRO~T' which ~aid Plan of Lots is recorded ~n the Cumber- land County Rocorder's O~fiee in Plan ~ook 12, at pag~ 4. ~VING thereon e=ectcd a one story brick, ranch type ~lwelling house, numbered ~ Oakwcod Av0nue, Mechanicsburg, Penn:~ylvanie. BRING the same premises which Mary Elizabeth Parsell, widow, by her deod dated July ~7, 1972, and recorded in the Office of the Nucordcr of Deeds in and for Cumberland County, Pennsylvania, ~n Do~d Bo~k S, Volume 24, Page 848, granted and eonv~yod unto Richard ~. Nordguest and £unice S. Nordquust, his wife:, the Grantorm herein. ~NDER AND SUBJECT~ NEVERTH~LESS,'to restrictions and c~nditione of record. CENLAR, 0 CEIs,rIP~L LOAN ADMINISTRA"flON & REPORTING (800) 242-7178 (609) 538-0088 (in New Jersey) February 11, 2002 Jay A Fisher 10akwood Ave Mechanicsburg PA 17055-4730 Certified Mail NO. Account No. 0010782035 Mortgaged Property: 10akwood Ave Mechanicsburg PA 17055-4730 YOUR MORTGAGE IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE. YOUR LENDER MAY FORECLOSE AND YOU MAY LOSE YOUR HOME. IF YOU WANT TO SAVE YOUR HOME FROM FORECLOSURE, YOU MUST TAKE ACTION NOW BY EITHER: 1. CURING THE DEFAULT - This notice explains the nature of the default and your rights to protect your interest in your home (See Section 403 of the Act of January 30, 1974 (P.L.13, NO. 6), 41 P.S. Section 403); OR 2. APPLYING TO THE HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE 7dXrD HELP YOU MAKE FUTURE MORTGAGE PAYMENTS - Read this notice to find out how the program works. YOU MUST MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WiTHiN 30 DAYS OF THE DATE OF THIS NOTICE IN ORDER TO APPLY. See Act of Dece~er 23, 1983 {P.L. 385, NO. 91) 35 P.S. Section 1680.201c-1680.409c. If you need more information, call the Pennsylvania Housing Finance Agency at 1-800-342 2397. LA NOTIFICACION EN giDJIINTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAP VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENiDO DE ESTA EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTAMCE ACT OF 1983 ("THE ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONB-BLE PROSPECT OF RESUMING YOUR MORTGAGE PAYMENTS AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLEASE READ ALL OF THIS NOTICE, IT CONTAINS AN EXPLANATION OF YOUR RIGHTS. XC177 004 CCM Page 2 Loan NO. 0010782035 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 a representative of the creditor or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan or to otherwise settle your delinquency. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. HOW TO CONTACT THE CREDITOR: Name of Creditor: Central Loan Administration Address: P.O. Box 77410 Telephone Number: 1-800-242-7178 Contact Person: MS. PULLI CONSUMER CREDIT COUNSELING AGENCY - If you meet with your creditor or with a consumer credit counseling agency identified in this notice, the creditoz may NOT take action against you for thirty (30) days after the date of this meeting. THE NAMES AND ADDRESSES OF DESIGNATED CONSUMER CREDIT COUNSELING AGENCIES FOR THE COUNTY IN WHICH THE PROPERTY IS LOCATED ARE SHOWN ON THE ATTACHED SHEET. It is only necessary to schedule one face- to-face meeting. Advise your creditor IMMEDIATELY of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth in this Notice. If you have tried and are unable to Program. To do so, you must fill out, sign and file a completed Homeowner's credit counseling agencies listed on the attachment. 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 LETTER, FORECLOSURE PLAy PROCEED AGAINST YOUR HOME IMMEDIATELY AJqD YOUR APPLICATION FOR MORTGAGE ASSISTAi~CR 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. It is extremely important that your XC178 008 CCM Page 3 ~ Loan No. 0010782035 application is accurate and coraplete in every respect. 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. THE PENNSYLVANIA HOUSING FINANCE AGENCY IS LOCATED AT 2101 NORTH FRONT STREET, POST OFFICE BOX 8029, HARRISBURG, PENNSYLVANIA 17105. TELEPHONE NO. (717) 780-3800 OR 1-800-342-2397 (TOLL FREE NUMBER) . PERSONS WITH IMPAIRED HEARING CAN CALL (717) 780-1869. MOW YOUR MORTGAGE IS IN DEFAULT NATURE OF THE DEFAULT- The MORTGAGE debt held by the above creditor on your property located at: 10akwood Ave , Mechanicsburg PA 17055-4730 IS SERIOUSLY IN DEFAULT because: A. YOU HAIrE NOT MADE THE MONTHLY MORTGAGE PAYMENTS for the following months, and the following amounts are now past due: 12/1 THROUGH 1/1 PAYMENT (2) @ $889.08=$1,778.16 2/1 PAYMENT =$916.32 Monthly Payments Plus Late Charges Accrued: $ 2750.48 NSF: $ inspections: $ Other: $ (Suspense): $ TOTAL ~240UNT TO CURE DEFAULT: $ 2,750.48 E. YOU HAVE FAILED TO TAKE THE POLLOWING ACTION: REINSTATE THE LOAN 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 creditor plus any additional monthly payments and late charges which may fall due after the date of this notice and the date you make your payment. Paymlents must be made either by cash, cashier's check, certified check or money order made payable and sent to: Central Loan Administration 425 Phillips Blvd. Ewing, NJ 08628 Attn: Cash Management Department You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. XC179 015 CCM Page 4 Loan No. 0010782035 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 CREDITOR INTENDS TO EXCERCISE 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 creditor also intends to instruct its attorneys to start a lawsuit to foreclosure upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the creditor refers your case to its attorneys, but you cure the delinquency before the creditor 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 legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the creditor even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the creditor, 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. OTHER CREDITOR REMEDIES - The creditor may also sue you personally for the unpaid principal balance and other sums due under the mortgage. You can not be sued personally if you have obtained a discharge in a Bankruptcy proceeding. In that circumstance suit will be for property only. 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 PLUS A~NY COSTS CONNECTED WITH THE FORECLOSURE SALE AND A/gY OTHER COSTS CONNECTED WITH THE SHERIFFS SALE AND BY PERFORMING A-NY OTHER REQUIREMENTS UNDER THE MORTGAGE. that such a Sheriff's Sale of the mortgaged property could be held would be approximately NINE (9) months from the date of this Notice. A notice of the actual date of the Sheriffs 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 creditor. If money is due, such payment payable to the creditor at the address set forth above. XC180 010 CCM Page 5 Loan No. 0010782035 EFFECT OF SHERIFF'S SALE DATE - 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the creditor at any time. OTHER RIGHTS THAT YOU HAVE - You have additional rights to help protect your interest in the property. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will asssume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU ALSO HAVE THE RIGHT * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBTOR. * 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 BAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFUALT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTANCE OF A DEFAULT IN }~qY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. A LIST OF CONSUMER COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Sincerely, Second Vice President XC181 019 CCM THIS IS AN ATTEMPT TO COLLECT A DEBT ARD ANY INPORMATION OBTAINED IN RESPONSE TO THIS WILL BE USED TO FURTHER THAT END. -PS Form3800, June 2000 VERIFICATION The undersigned, an officer of Cenlar, F.S.B., the instant Plaintift; or its servicing agent, being authorized to make this Verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are taken from the records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, intbrmation and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO TIlE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Dated: L. Leonardis Title : Second Vice President Company: Cenlar, F.S.B. SHERIFF'S RETURN CASE NO: 2002-04027 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTR~TI VS FISHER JAY ARTHUR AKA JAY A FI - REGULAR HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MORTGAGE ELECTRONIC REGISTRATION SYSTEMthe PLAINTIFF , at 1024:00 HOURS, on the at 10AKWOOD AVENUE 3rd day of September, 2002 MECHANICSBURG, PA 17055 HUYEN FISHER, WIFE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this /3~ day of ~,/--~ J~ A.D. oth ~'~ ~ onotary" So Answers: R. Thomas Kline 09/0~/2002 BARBAHA FEIN By: Deputy S~ COURT OF COMMON PLEAS CUMBERLAND COUNTY .No. 02-4027 Civil Term MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent, CENLAR, F.S.B., Plaintiff, Vo JAY ARTHUR FISHER a/k/a JAY A. FISHER, Defendant CIVIL ACTION - RESPONSE TO ABOVE-REFERENCED COMPLAINT 1. (a) Defendant had only dealt with the loan servicing agent, CENLAR, and cannot verify as to whether Mortgage Electronic Registration System, Inc. is the holder of the mortgage. (b) Defendant has no objection to this statement. (c) Defendant has no objection to this statement. (a) (b) (c) This is a factual statement. This is a factual statement. This statement is not applicable since the Defendant is not deceased. (a) (c) (d) Defendant has no objection to this statement. Defendant has no objection to this statement. Defend_ant acknowledges that the Mortgage was indeed executed on the 24~ of June, 1985. Defendant has no objection to this objection. (e) Defendant has no formal records as to the dates when the Mortgage was sold from Colonial Mortgage Service Company to Federal Home Loan Mortgage Corporation (FHLMC) to GMAC Mortgage Corporation to CENLAR; however, Defendant has no objection to this paragraph herein. Defendant has no objection to this statement. 4. Defendant had attempted to make payments via electronic means and had been out of the country until June of this year. Below is the synopsis of the efforts made by the Defendant to tender monthly mortgage payments in a timely fashion: In late November of 2001, Defendant had signed and mailed complete fomis to authorize CENLAR to deduct automatically, from Defendant's account with Hawthorne Credit Union, an amount of $916.32 each month beginning December of 2001. Such monthly payments are to cover for the monthly installments owed under the terms of the mortgage. Sufficient funds existed in that account to pay for all monthly payments until the Defendant's return from overseas travel, which was June of 2002. On or about Febma_ry 15, 2002, Defendant noticed no funds were being withdrawn from his account. Defendant attempted to call Plaintiff to rectify the matter. Telephone connections were poor from overseas and calls were repeatedly disconnected. On each succeeding call, Defendant was connected with a different service representative; each of those representatives refused to give their full names and extensions (as a company policy for security reasons). The Defendant requested for their full names and telephone extensions in case of further disconnection. Finally, Defendant reached a "Ms. D. Farrauto", who upon accessing the Defendant's file, acknowledged the receipt of the automatic payment authorization forms. Ms. Farmuto informed the Defendant that it may be possible to withdraw the funds retroactively (since the Plaintiff did not yet automatically deduct the monthly installments beginning December of 2001) and that she would see what she could do to rectify the situation. She also indicated that penalties could be waived in thi~ situation. Defendant infom:ed Ms. Farrauto of his intended return date at this time and gave his e-mail address in order for Ms. Farrauto or another servicing agent to confirm that automatic payments had been set up. Defendant followed up on his phone call with an e-mail to Ms. Farrauto on that same date. On March 12, 2002, Defend.am again e- mailed Ms. Farrauto requesting for the status of his account. Defendant received no reply. To the best of the Defendant's knowledge, there was no other correspondence received by the Defendant from the Plaintiff until after his arrival back in this country, that being the Notice of Foreclosure, served on September 3, 2002. 5. Defend_ant does not agree to the fact the loan obligation should be accelerated. Defendant provided the Plaintiff with the required fomts to have the monthly mortgage payments automatically withdrawn from his checking account beginning in December, 2001. Mortgage would not be in default had the Plaintiff not failed to automatically deduct the monthly amounts of $916.32. Sufficient funds were available from the entire period Defendant was om of the country. 6. Defendant is aware that Plaintiff is seeking entry of judgment in rem; Defend.ant is objecting to the reasoning of the case and subsequently objecting to the application of the entry of judgment (a) Fact is duly noted. (b) Defendant has no objection to the calculations. Defendant objects to the accrual(s) at the per diem rote of $17.27 through the date on which judgment in rem is entered in Plaintiff's favor. (c) Defendant objects to the late charges being accrued on the Mortgage, for the reasons as cited in paragraph no. 4. (d) No objection to this statement. (e) Defendant neither objects nor agrees to this statement. (t) Defendant is seeking a stay on the Mortgage Foreclosure; hence, Defendant would like to work out an arrangement to settle the account. Defendant is asking the Court not to award the Court Costs and fees as requested herein by the Plaintiff. Defendant is asking the Court not to award the Attorney's fees as requested herein by the Plaintiff. 7. (a) Defendant objects to this statement on the grounds of applicability of the Plaintiff's request. CO) Defendant objects to this statement. 8. (a) This is a known fact as recorded in the mortgage application. Co) On Febnmry 11, 2002, Defendant was out of the country and was not in Pennsylvania to sign for the certified mailing. Plaintiff made the attempt to serve the above-referenced mailing but Defendant never received it personally. The certified mail was then returned to the Plaintiff by the U.S. Postal Service unsiimed. (c) Please refer to the above section (b) - Defendant did not personally received the certified mailing, as claimed by the Plaintiff, in Exhibit "B". As stated, Defendant was out of the country until June of 2002. 9. (a) Defendant neither objects nor agrees to this statement. This requires legal knowledge in the realm of real estate law which the Defendant is not acquainted with. Prior to foreclosure proceedings, Plaintiff might have sent the "Homeowners Emergency Mortgage Assistance Program on February 11, 2002; however, Defendant was out of the country until June of 2002 and hence cannot respond in due time. Defendant was not aware that the mortgage was in default at that time - ~lea~e refer to nar~m'~ph no. 4. (c) (d) Defendant hereby acknowledges that Defendant did not receive a copy of the Notice of Rights under the "Homeowners Emergency Mortgage Assistance Program" by regular mailing on February 11, 2002, as exhibited in Exhibit "B" since the Defendant was out of the country until June of 2002. Defendant had made arrangements to have payments being made electronically and was not aware that the Mortgage was in default. Please refer to paragraph no. 4. Defendant objects to this statement. IN SUMMARY, the Defendant, JAY ARTHUR FISHER a/k/a JAY A. FISHER, is requesting the Court to allow the Defendant to settle the account with the Plaintiff. The Defendant also is requesting the Court not to enter judgment in rem, in favor of the Plaintiff, and to grant the Defendant a Stay of Foreclosure. The Defendant intends to seek legal help from an Attorney, to work out a formal agreement with the Plaintiff, in order to settle the mortgage account. Due to unemployment, Defendant lacks financial resources and has to f'fle this written response, pro se, in person. Respectfully submitted, JAY ARTHUR FISHER, Defendant CERTIFICATION I, Jay Arthur Fisher, hereby certify that my statements, as made in the written response, are truthful and that, to the best of my knowledge, am not aware that the Mortgage was in default until a Notice of Mortgage of Foreclosure was served. I had not received the Notices, being sent by the Plaintiff, on February 11, 2002 since I was out of the country from November of 2001 until June of 2002. I ALSO UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO PENALTIES OF 18 PA C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Dated: September 23, 2002 Defendant, pro se Jay A. Fisher 10akwood Avenue Mechanicsburg, PA 17055 Defendant MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent, CENLAR, F.S.B., Plaintiff, Vo JAY ARTHUR FISHER a/k/a JAY A. FISHER, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 02-4027 Civil Term DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS AND INTERROGATORIES 1. The Answering Defendant admits that he is the same individual who executed a Note to Colonial Mortgage Service Company on June 24, 1985 in the amount of Sixty Five Thousand dollars and 00/100 ($65,000.00) Dollars. 2. The Answering Defendant admits that he is the same individual who executed a Mortgage to secure the above described Note on Colonial Mortgage Service Company on June 24, 1985 in the amount of Sixty Five Thousand dollars and 00/100 ($65,000.00) Dollars. 3. The Answering Defendant admits that the above described Note is secured by a Mortgage on real property situated at 10akwood Avenue, Township of Upper Allen, Cumberland County, in the Commonwealth of Pennsylvania. 4. The Answering Defendant has not failed to provide to timely make each and every monthly payment due and owing on the obligation which is the subject of this mortgage foreclosure action. The Plaintiff has failed to timely withdraw automatically, as provided in the Plaintiff's own form submitted to the Plaintiff by the Answering Defendant, and to which the Plaintiff has acknowledged receipt, each and every monthly payment due. Defendant attaches copy of notes from a conversation with representative of the Plaintiff (Exhibit A), acknowledging the receipt of the" Automatic Payment form" from the Defendant. Defendant also attaches copy of email sent to this representative confirming the conversation (Exhibit B). 5. (a)- (1) The Plaintiff failed to make the automatic monthly withdrawal due and payable on December 9, 2001 and all subsequent dates listed in the Response for Admissions, which the defendant had authorized. The Answering Defendant did not fail to make timely withdrawal of the above mentioned payments. Sufficient funds were available to the Plaintiff for said withdrawal. The defendant can authorize the Plaintiff to call the Banking Institution in question to ascertain whether there were sufficient funds on each of those dates in question provides balance statement indicating sufficient funds available and that Plaintiff did not with draw the required monies. 6. The Answering Defendant admits that the mortgage obligation is in default in retrospect, but does not admit to being the cause of said default. Plaintiff has failed to make the necessary payment withdrawals on a monthly basis and is the cause this default. Defendant provided the Plaintiff with the required forms to have the monthly mortgage payments automatically withdrawn from his checking account beginning in December 2001. Mortgage would not be in default had the Plaintiff not failed to automatically deduct the monthly amounts of $916.32. Sufficient funds have been available for each monthly payment for the entire period cited in paragraph 5. See paragraph 5. 7. The Answering Defendant has no knowledge, information and belief, that the figures recited by the Plaintiff in its verified Complaint in Mortgage Foreclosure are accurate and does not admit to the accuracy or correctness of the sum. Therefore the he has no supporting documents which can confirm or refute the accuracy or correctness of the sum. 8. The Answering Defendant's has no knowledge as to the accuracy as to whether Act 6 of 1974 applies to mortgages initially made in the amount of Fifty Thousand ($50,000) Dollars. Therefore the Defendant has no supporting documents which can confirm or refute the accuracy or correctness of the sum. 9. The Answering Defendant acknowledges that the initial amount of the mortgage upon which this foreclosure action is predicated was made in the initial amount of Sixty Five Thousand and 00/100 ($65,000.00) Dollars 10. The Answering Defendant has no knowledge as to the applicability as to whether Act 91 of 1983 35 P.S. § 1840.401C merely requires Defendant be sent notices in accordance with the ACT without requiring actual receipt of those notices. Therefore the Defendant has no supporting documents which can confirm or refute this. 11. (a) The principal balance is correct. (b) The Defendant argues that there should be no beyond that set forth in the orginal mortgage schedule. Additional Plaintiff's failure to automatically withdraw the monthly payments considered. accrued interest interest due to should not be (c) The Defendant argues that there should be no late charges due to the Plaintiff's failure to automatically withdraw the monthly payments. This is the Plaintiff's failure and late charges should not be considered. (d) The Defendant argues that there should be no inspection fees as due to the Plaintiff's failure to automatically withdraw the monthly payments. This is the Plaintiff' s failure and inspection fees should not be considered. (e) The Answering Defendant's has no iknowledge as to the accuracy documents at this time which can confirm or refute the accuracy or as to whether these figures are accurate. Therefore the Defendant has no supporting correctness of the sum. (f) The Answering Defendant's has no iknowledge as to the accuracy of these fees at this time and cannot confirm or refute the accuracy or as to whether these figures are accurate. Therefore the Defendant has no supporting documents as to correctness of these sums. (g) The Answering Defendant's has no knowledge as to the accuracy or reasonableness of these fees at this time and cannot confirm or refute the accuracy or as to whether these figures are accurate. Therefore the Defendant has no supporting documents as to correctness or reasonableness of these sums. 12. The Defendant understands that the Plaintiff wanted an explanation as to why the Defendant does not think the Plaintiff is entitled to the attorneys' fees. Liabilities have not been established and, to the best of the Defendant's knowledge, the Defendant maintains that the Defendant did his best to pay the Mortgage on time while traveling overseas. It was the Plaintiff's bureaucracy which made it cumbersome for the Mortgagee, in this case the Defendant, to fulfill his obligation. The Defendant did his best to make arrangements for automatic withdrawals and the Plaintiff did not withdraw the monthly sums. The Plaintiff wanted to assess miscellaneous fees in arrears and attorneys' fees in conjunction with the Mortgage sum due. This is double jeopardy and the Defendant protests to the methods of assessments. The Plaintiff did not wish to cooperate and to make it easier for the Defendant to oblige under the terms of the Mortgage Agreement. Hence, the Defendant is asking the Court for a settlement of this issue. 13. The Defendant did not allege that the Plaintiff refused to accept monies to reinstate or pay-off the subject mortgage account. The Defendant simply stated that the Plaintiff did not make the authorized monthly withdrawals. 14. To the Defendant's knowledge no documents are being withheld from production. The Defendant does not fully understand the presumptuous statement made herein by the Plaintiff. 15. See attached verification. Defendants Response to Request for Production 1. None presented. 2. None presented. 3. None presented. 4. None presented. 5. None presented. 6. None presented. 7. None presented. 8. None presented. 9. None presented. 10. None presented. 11. Not applicable. 12. Not applicable. 13. None presented. 14. Not applicable. 15. Not applicable. 16. 17. This was the responsibilities of the Plaintiff through escrow account. This was the responsibilities of the Plaintiff through escrow account. 18. Not applicable. 19. 20. Please understand that the issue at stake concerns a lawsuit initiated by the Plaintiff asking the Court for a Mortgage Disclosure. THE HEART OF THE MATTER IS NOT CONCERNING THE PRIVATE LIFE OF THE DEFENDANT IN THIS CASE. WHAT THE PLAINTIFF IS REQUESTING IN THIS PARAGRAPH RI~FLECTS A DEMAND FOR PRIVATE INFORMATION CONCERNING THE DEFENDANT'S TRIP. FACTS ARE VERIFIABLE AND THE PLAINTIFF WILL TESTITFY UNDER OATH THAT THE PLAINTIFF WAS OUT OF THE COUNTRY FROM MID-NOVEMBER OF 2001 UNTIL EARLY JUNE OF THIS YEAR. None presented. This can be verified upon written request to the Bank from the Plaintiff and written authorization from the Defendant. IN SUMMARY, the Defendant, JAY ARTHUR FISHER a/k/a JAY A. FISHER, is requesting the Court to allow the Defendant to settle the account with the Plaintiff. The Defendant also is requesting the Court not to enter judgment, in favor of the Plaintiff, and to grant the Defendant a Stay of Foreclosure. Respectfully submitted, JAY ARTHUR FISHER, Defendant Pro se:~~~ Dated: x'Y~-[ ~o I aZ-- CERTIFICATION I, Jay Arthur Fisher, hereby certify that my statements, as made in the written response, are tmtlfful and that, to the best of my knowledge, accurate as to fact. I ALSO UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO PENALTIES OF 18 PA C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Dated: December 20, 2002 ~Y A'~iSHER Del~ndant, pro se Jay A. Fisher 10akwood Avenue Mechanicsburg, PA 17055 Defendant MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent, CENLAR, F.S.B., Plaintiff, Vo JAY ARTHUR FISHER a/k/a JAY A. FISHER, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 02-4027 Civil Term DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST FOR ADMISSIONS [YNDER RULE OF CIVIL PROCEDURE RULE 4014 1. The Answering Defendant admits that he is the same individual who executed a Note to Colonial Mortgage Service Company on June 24, 1985 in the amount of Sixty Five Thousand dollars and 00/100 ($65,000.00) Dollars. 2. The Answering Defendant admits that he is the same individual who executed a Mortgage to secure the above described Note on Colonial Mortgage Service Company on June 24, 1985 in the amount of Sixty Five Thousand dollars and 00/100 ($65,000.00) Dollars. 3. The Answering Defendant admits that the above described Note is secured by a Mortgage on real property situated at 10akwood Avenue, Township of Upper Allen, Cumberland County, in the Commonwealth of Pennsylvania. 4. The Answering Defendant has not failed to provide to timely make each and every monthly payment due and owing on the obligation, which is the subject of this mortgage foreclosure action. The Plaintiff has failed to timely withdraw automatically, as provided in the Plaintiff's own form submitted to the Plaintiff by the .Answering Defendant, and to which the Plaintiff has acknowledged receipt, each and every monthly payment due. 5. (a) The Plaintiff failed to make the monthly automatic withdrawal due and payable on December 9, 2001, which the defendant had authorized. The Answering Defendant did not fail to make timely withdrawal of the above mentioned payment. Sufficient funds were available for withdrawal by the Plaintiff. (b) The Plaintiff failed to make the monthly automatic withdrawal due and payable on January 9, 2002, which the defendant had authorized. The Answering Defendant did not fail to make timely withdrawal of the above mentioned payment. Sufficient funds were available for withdrawal by the Plaintiff. (c) The Plaintiff failed to make the monthly automatic withdrawal due and payable on February 9, 2002, which the defendant had authorized. The Answering Defendant did not fail to make timely withdrawal of the above mentioned payment. Sufficient funds were available for withdrawal by the Plaintiff. (d) The Plaintiff failed to make the monthly automatic withdrawal due and payable on March 9, 2002, which the defendant had authorized. The Answering Defendant did not fail to make timely withdrawal of the above mentioned payment. Sufficient funds were available for withdrawal by the Plaintiff. (e) The Plaintiff failed to make the monthly automatic withdrawal due and payable on April 9, 2002, which the defendant had authorized. The Answering Defendant did not fail to make timely withdrawal of the above mentioned payment. Sufficient funds were available for withdrawal by the Plaintiff. (f) The Plaintiff failed to make the monthly automatic withdrawal due and payable on May 9, 2002, which the defendant had authorized. The Answering Defendant did not fail to make timely withdrawal of the above mentioned payment. Sufficient funds were available for withdrawal by the Plaintiff. (g) The Plaintiff failed to make the monthly automatic withdrawal due and payable on June 9, 2002, which the defendant had authorized. The Answering Defendant did not fail to make timely withdrawal of the above mentioned payment. Sufficient funds were available for withdrawal by the Plaintiff. (h) The Plaintiff failed to make the monthly automatic withdrawal due and payable on July 9, 2002, which the defendant had authorized. The Answering Defendant did not fail to provide to timely withdrawal of this payment. Sufficient funds were available for withdrawal by the Plaintiff. (i) The Plaintiff failed to make the monthly automatic withdrawal due and payable on August 9, 2002, which the defendant had authorized. The Answering Defendant did not fail to make timely withdrawal of the above mentioned payment. Sufficient funds were available for withdrawal by the Plaintiff. (j) The Plaintiff failed to make the monthly automatic withdrawal due and payable on September 9, 2002, which the defendant had authorized. The Answering Defendant did not fail to make timely withdrawal of the above mentioned payment. Sufficient funds were available for withdrawal by the Plaintiff. (k) The Plaintiff failed to make the monthly automatic withdrawal due and payable on October 9, 2002, which the defendant had authorized. The Answering Defendant did not fail to make timely withdrawal of the above mentioned payment. Sufficient funds were available for withdrawal by the Plaintiff. (1) The Plaintiff failed to make the monthly automatic withdrawal due and payable on November 9, 2002, which the defendant had authorized. The Answering Defendant did not fail to make timely withdrawal of this payment. Sufficient funds were available for withdrawal by the Plaintiff. 6. The Answering Defendant admits that the mortgage obligation is in default, but does not admit to being the cause of said default. Plaintiff has failed to make the necessary payment withdrawals on a monthly basis and had caused the default in retrospect. Defendant provided the Plaintiff with the required forms to have the monthly mortgage payments automatically withdrawn from his checking account beginning in December 2001. Mortgage would not be in default had the Plaintiff not failed to automatically deduct the monthly amounts of $916.32. Sufficient funds have been available for each monthly payment for the entire period cited in paragraph 5. 7. The Answering Defendant has no knowledge, information and belief, that the figures recited by the Plaintiff in its verified Complaint in Mortgage Foreclosure are accurate and does not admit to the accuracy or correctness of the sum. 8. The Answering Defendant's has no knowledge as to the accuracy as to whether Act 6 of 1974 applies to mortgages initially made in the amount of Fifty Thousand ($50,000) Dollars. 9. The Answering Defendant acknowledges that the initial amount of the mortgage upon which this foreclosure action is predicated was made in the initial amount of Sixty Five Thousand and 00/100 ($65,000.00) Dollars. 10. The Answering Defendant has no knowledge as to the applicability as to whether Act 91 of 1983 35 P.S. § 1840.401C merely requires Defendant be sent notices in accordance with the ACT without requiring actual receipt of those notices. IN SUMMARY, the Defendant, JAY ARTHUR FISHER a/k/a JAY A. FISHER, is requesting the Court to allow the Defendant to settle the account with the Plaintiff. The Defendant also is requesting the Court not to enter judgment in favor of the Plaintiff, and to grant the Defendant a Stay of Foreclosure. Respectfully submitted, JAY ARTHUR FIS3-IER, Defendant Prose: ~~ Dated: ~/~)'~O') IF~ CERTIFICATION I, Jay Arthur Fisher, hereby certify that my statements, as made in the written response, are truthful and that, to the best of my knowledge, accurate as to fact. I ALSO UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO PENALTIES OF 18 PA C.S. SECTION 490,4 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Dated: December 20, 2002 ~J~ ARTHUR FISHER Defendant, pro se PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) · TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent, Cenlar, F.S.B., Plaintiff, No. 02-4027 Civil VS. JAY ARTHUR FISHER a/k/a JAY A. FISHER, Defendant(s). State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment in Mortgage Foreclosure 2. Identify counsel who will argue case: (a) For Plaintiff: Address: Barbara A. Fein, Esquire / Attorney ID 53002 Kristen J. DiPaolo, Esquire / Attorney ID 79992 Or Local Counsel (If Necessary) 425 Commerce Drive, Suite 100, Fort Washington, PA 19034 (b) For Defendant: Address: Jay Arthur Fisher, Pro Se 10akwood Avenue, Mechanicsburg, PA 17055-4730 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: July 23, 2003 (If Motion is Opposed) Dated: May 5, 2003 THE LAW OFFICES OF BARBARA A. 77.C. BY: Barbara A. Fein, Esquire [ Attorney for the Plaintiff [/ Attorney I.D. No. 53002 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / ID No. 53002 Kristen J. DiPaolo, Esquire / ID No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent, Cenlar, F.S.B., Plaintiff, Vo JAY ARTHUR FISHER a/k/a JAY A. FISHER, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-4027 TO THE CLERK OF THE MOTION COURT: MOVING PARTY: TYPE OF FILING: OTHER PARTIES: CASE STATUS: MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent, Cenlar, F.S.B., PLAINTIFF MOTION FOR SUMMARY JUDGMENT DEFENDANT ABOVE CAPTIONED This case has not been assigned to an individual judge, nor has it appeared on any trial list. This is not an arbitration case. LAW OFFICES OF BARBARA A. IN, P.C Barbara A. Fein, Esquire Attorney for Plaintiff BY: Dated: May 5, 2003 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / ID No. 53002 Kristen J. DiPaolo, Esquire / ID No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent, Cenlar, F.S.B., Plaintiff, JAY ARTHUR FISHER a/k/a JAY A. FISHER, Defendant. · COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-4027 ORDER AND NOW, this day of , 2003, upon consideration of Plaintiff's Motion for Summary Judgment and the Memorandum of Law submitted in support thereof, and any opposition which may have been filed to same, it is hereby ORDERED that Plaintiff's Motion for Summary Judgment is granted. Judgment in rem is hereby entered in favor of the Plaintiff Mortgage Electronic Registration System, Inc., By and through its Loan Servicing Agent, Cenlar, F.S.B. and against the Defendant, Jay Arthur Fisher a/k/a Jay A. Fisher, in the amount of $70,312.30. Interest is to be added to this judgment in rem and will be calculated at the per diem rate of $17.27 for each day after August 31, 2003, through the date of judgment. BY THE COURT: Jo THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / ID No. 53002 Kristen J. DiPaolo, Esquire / ID No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent, Cenlar, F.S.B., Plaintiff, JAY ARTHUR FISHER a/k/a JAY A. FISHER, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-4027 PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Plaintiff, Mortgage Electronic Registration System, Inc., By and through its Loan Servicing Agent, Cenlar, F.S.B., by and through its undersigned counsel, and pursuant to PA R.C.P. Rule 1035, as amended, hereby moves this Honorable Court for an Order entering in rem judgment in its favor and against the Defendant. In support of this Motion, Plaintiff submits the accompanying Memorandum of Law which is incorporated herein by reference. In addition, Plaintiff relies upon the pleadings filed of record in this matter which establish that there are no genuine issues of material fact with respect to (a) Defendant's obligations to Plaintiff pursuant to a Mortgage Note and Mortgage instrument; (b) Defendant's default in his obligations to make payments pursuant to the aforementioned documents; (c) the amount of the indebtedness of Defendant to Plaintiff pursuant to the aforementioned documents; and (d) that Plaintiff is entitled to judgment as a matter of law. WHEREFORE, Plaintiff, Mortgage Electronic Registration System, Inc., By and through its Loan Servicing Agent, Cenlar, F.S.B., respectfully requests that its Motion for Summary Judgment be granted and that judgment in rem be entered in its favor and against Defendant, Jay Arthur Fisher a/k/a Jay A. Fisher, in the amount of $70,312.30, plus interest, at the per diem rate of $17.27 from August 31, 2003, through the date of judgment. Respectfully Submitted, THE LAW OFFICES OF BARBARA .A.~EIN, BY: Barbara A. Fein, Esquire Attorney for Plaintif P.C. VERIFICATION BARBARA A. FEIN, ESQUIRE, hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this Affidavit, and that the statements made in the foregoing Motion for Summary Judgment 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.A. §4904 relating to unsworn falsification to authorities. Dated: May 3, 2003 THE LAW OFFICES OF BARBARA A.~N, Barbara A. Fein, Esqu' '~ Attorney for Plaintiff~ P.C. THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / ID No. 53002 Kristen J. DiPaolo, Esquire / ID No. 79992 Suite 100, 425 Commerce Drive Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent, Cenlar, F.S.B., Plaintiff, JAY ARTHUR FISHER a/k/a JAY A. FISHER, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-4027 AFFIDAVIT OF JAMES KROLL, FOR CENLAR, F.S.B., IN SUPPORT OF THE ACCOMPANYING MOTION FOR SUMMARY JUDGMENT State of New Jersey County of Mercer : S.S.: : I, James Kroll, and says that: being duly sworn according to law, deposes 1. For more than associated with CENLAR, Second Vice-President two (2) years, the Affiant has been F.S.B., and has held the position of The Affiant has personal knowledge of the facts set forth in this Affidavit. 2. On June 24, 1985, the Defendant entered into a Note in the principal amount of Sixty Five Thousand and 00/100 ($65,000.00) Dollars. 3. Also on June 24, 1985, the Defendant entered into a Mortgage in favor of Colonial Mortgage Service Company which secures the indebtedness of the Note. The Mortgage is recorded in the Cumberland County Recorder of Deeds' Office on June 24, 1985, at Book 781, Page 660. 4. The real property subject to the Mortgage is located at 1 Oakwood Avenue, Township of Upper Allen, Cumberland County, Pennsylvania. 5. Subsequent to the execution of the subject Note and Mortgage, Colonial Mortgage Service Company assigned all of its interest in the foregoing property and documents, which interest is now legally belongs to Plaintiff. The Assignment(s) was duly recorded as noted at Paragraph 3(e) of Plaintiff's Complaint in Mortgage Foreclosure, and is a matter of public record. 6. The Defendant failed to make the monthly mortgage payment due on December 1, 2001, pursuant to the Note and Mortgage and thereafter has failed to make any payment on this obligation. 7. Plaintiff Mortgagee sent pre-foreclosure breach notices of default to the Defendant in accordance with Pennsylvania statutes and consistent with the terms set forth in the Note and Mortgage themselves. The notices advised the Defendant that he/she was (a) in default of his/her obligation pursuant to the agreements by reason of his/her failure to make monthly payments due from December 1, 2001; (b) that Plaintiff Mortgagee was exercising its rights to accelerate the indebtedness evidenced by the above-described documents; and (c) Plaintiff Mortgagee demanded immediate payment thereof. 8. As of August 31, 2003, the amount due to Plaintiff pursuant to the aforementioned documents is $70,312.30. An itemization of the sums now due and owing is appended hereto as Exhibit "A". 9. The per diem interest rate is $17.27 for each day the obligation remains unpaid after August 31, 2003, through date judgment is entered. 10. Pursuant to the Mortgage, Plaintiff is entitled to recover its reasonable attorneys' fees and costs in collection and enforcement of the Note and Mortgage. 11. The Affiant has reviewed the account's payment history and, to the best of the Affiant's knowledge and belief, it is accurate and correct. 12. Despite demand, Defendant has not paid the amount due on the mortgage. NAME: es Kroll TITLE: 2nd Vice President COMPANY: CENLAR, F.S.B. Sworn to and subscribed before me this 4th day of November , 2002. NOTARY PUBLIC Loan No. August 16, 2002 EXHIBIT "A" ITEMIZATION OF AMOUNTS DUE AND OWING ON DELINQUENT MORTGAGE ACCOUNT OF JAY ARTHUR FISHER a/k/a JAY A. FISHER Principal Balance on Mortgage Interest at 12.625% Per diem rate of $17.27 from December 1, 2001 through August 31, 2003 Late Charges (21 months @ $28 per month) Escrow Overdraft Property Inspections / Foreclosure Property Inspections / Collections Court Costs Attorneys' fees in accordance with Foulke v. Hatfield Fair Grounds Bazaar, Inc., 196 Pa. Super. 155, 160, 173 A.2d 703, 706 (1969) TOTAL AMOUNT DUE AND OWING TO PLAINTIFF MORTGAGEE THROUGH AUGUST 31, 2003 $49,922.44 11,518.03 588.00 2,698.59 67.50 25.50 500.00 4,992.24 $70,312.30 EXHIBIT "A" 0 o w 0 LO 0 0 ~ 0 ~ 0 ~ 0 0 I I.,I L': i ' i~l F) (') )-' r.J 0 ~. r,J , . ,"c) ,'0 '~ F.~ ,", 0 <': ¢-', ,~ m-.j I~l LJ · .j .-.} .y, ..... )-' 0 i--, ~.. 5..' 0 I." [11 01 (J~ Ln (.ti 'U ~ (.~ Lo I.u ~ .~, .~ ;I-, IT1 I.n ~J ~D 0 1%3 & ~-. ,~. 0 c~ 0 Lo 0 c) 0."] .-1 ,,~ c/) Ct ¢"3 I" .] cb ¢') ,C) r-~ 'C'~ ,L.', 0 I q m i I J ~¢ -,J C) d~ 0'9 Ln U' 0 ~ --I "~ u~ ;, b ~J r.~ 0 ~ 0 0 O0 0 . ~. 0 · -I OL'tl 0 0 5/1/2003 Printed By: lmajw Loan Number: 0010782035 3270 Explorer CENTRAL LOAN ADMINISTRATION & REPORTING -- 300 Borrower Name: FISHER,JAY A ~309 LN 00].0782035 Page 1 o[1 MORTGAGE LOAN HISTORY 0~-30-03 NAME JA FISHER INV-LN 909-428-210244283 DUE 12-01-01 TYPE 13 BR NJ MAN D P-TYPE I INT .1262500 FIRST PB 49,922.44 2ND PB .00 HUD REP .00 APP DUE TYPE/TRAN AMOUNT PRIN-PD PRIN-BAL [NT-PD ESC-PD ESC-BkL A&H-IN$ LIFE-INS LC/FEES MISC-PD ADV-BAL SUSP SC/PAYEE NET 916,32 SF .01425000 SUSP RES .00 02-04 00-00 6 31 .00 .00 49,922.44 .00 00 00 00 00 00 00 1,927 71 00 000055 01-22 00-00 6 31 .00 .00 49,922.4~ O0 O0 O0 oo O0 O0 O0 1,927.71 .00 000055 · 00 STOP D B P F N A D L LNK LOAN 0 0 0 3 0 8 0 0 01-16 12-16 12-01 12-01 1 52 1 52 .00 .00 ,00 .00 49,922,44 49,922,44 .00 .00 ,00 ,00 .00 .00 .00 -00 .00 .00 28.00- 1 2B.O0- .00 .00 1,927.71 1,927.71 .00 .00 11-29 00-00 6 31 00 00 49,922 44 00 00 00 00 00 00 00 1,927 71 O0 000055 PAGE 003 OF 007 TOTAL TRAN$ AVAILABLE 0035 OLDEST TRAN 04-16-02 /P J~,zdu3 Printed By: Imajw Loan Number: 0010782035 3270 Explorer CENTRAL LOAN ADMINISTRATION & REPORTING -- 300 Borrower Name: FISHER,JAY A P309 LN 0010782035 MORTGAGE LOAN HISTORY Page NAME JA FISHER INV-LN 909-428-210244283 DUE 12-01-01 TYPE 13 BR NJ MAN D P-TYPE I INT .1262500 PIRST PB 49,922.44 2ND PB .00 HUD .00 NET 915.32 Rg:P .00 RES .00 APP 03-19 DOE 12-01 TYPE/TRAN 1 61 AMOUNT 497.84 PRIN-PD .00 PRIN-BAL 49,922.44 IN'I'-PD .00 ESC-PD 497.84 ESC-BAL .00 A&H-INS .00 LIF~-INS ,00 LC/FEES .00 M.(SC-PD ,00 ADV-BAL 2,425.55 SUSP ,00 SC/PAYEE SF .01425000 SUS~ 03-19 04-03 3 52 497 84- 00 49,922 44 00 497 84- 497 8~- 00 00 00 00 1,927 71 00 AEUl2 03-17 12-0]. 1 52 00 00 49,922 44 00 00 00 00 00 1 , 28.00- .00 1,927.71 .00 · 00 STOP D B $' F N A D L LNK LOAN 0 0 0 3 0 8 0 0 02-27 02-19 00-00 12-01 6 31 1 52 .00 .00 ,00 ·00 49,922.44 49,922.44 .00 .00 .00 .00 ,00 .go .00 ,00 ,00 .00 .00 1 28.00- .00 .00 1,927.71 1,927.71 .00 .00 000055 PAGE 002 OF 007 TOTAL TRANS AVAILABLE 0055 OLDEST TR3%N 04-16-02 /P Printed By: Imajw Loan Number: 0010782035 3270 Explorer CENTRAL LOAN ADMINISTRATION & REPORTING -- 300 Borrower Name: FISHER,JAY A Page 1 of 1 P309 LN 0010782035 NAME JA FISHER BR NJ MAN D P-TYPE 1 INT .1262500 FIRST PB HUD -00 REP .00 DUE TYPE/TRAN AMOL~T PRIN-PD DRIN-SAL INT-PD ESC'PD ESC-BAL A&H-INS LIFE-INS LC/FEES MISC-PD ADV-BA£, SUSP SC/PAYEE NET 9%6.32 RES .00 04-29 6 31 00 00 49,922 44 00 00 00 O0 00 00 1 00 2,698 59 00 OO0055 MORTGAGE LOAN EISTORY INV-LN 909-428-210244283 49,922.44 2ND PB SF .01425000 SUSP .00 STOP D 03-21 1 61 273 04 00 49,922 ~4 00 00 00 273 04 00 00 00 00 00 00 00- O0 O0 O0 59 2,698.59 00 .00 LNK LOAN 0 03-21 04-03 3 13 273 04- 00 49,922 44 00 273 04- 273 04- 00 00 00 O0 2,425 55 00 370415004 04-16 12-01 1 52 00 00 49,922 ~4 28 2,698 04-30-03 DUE 12-01-0i TYPE .00 ~ P FNAD L 0 0 3 0 8 0 0 03 -21 00-00 6 31 · C) 49,922.44 .00 00 00 00 00 00 00 2,425 55 0O 000055 PAGE 001 OF 007 TOTAL TRANS AVAILABLE 0035 OLDEST TRAN 04-16-02 /P THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / ID No. 53002 Kristen J. DiPaolo, Esquire / ID No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent, Cenlar, F.S.B., Plaintiff, JAY ARTHUR FISHER a/k/a JAY A. FISHER, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-4027 MEMORANDUM OF LAW STATEMENT OF FACTS AND PROCEDURAL HISTORY This is a residential mortgage foreclosure action. On or about June 24, 1985, Plaintiff took a mortgage from the Defendant, Jay Arthur Fisher a/k/a Jay A. Fisher, to secure a loan of Sixty Five Thousand and 00/100 ($65,000.00) Dollars, evidenced by a Note of even date. On or about December 1, 2001, Defendant, Jay Arthur Fisher a/k/a Jay A. Fisher, defaulted on the obligation to maintain regular payments pursuant to the Note and Mortgage. Plaintiff elected to exercise its contractual right to accelerate the balance due on the loan and this action was instituted by the filing of the Complaint herein on August 23, 2002 (Exhibit "A"; Plaintiff's Complaint in Mortgage Foreclosure). Defendant, Jay Arthur Fisher a/k/a Jay A. Fisher, filed a contesting answer on September 23, 2002 (Exhibit "B"; Defendant's Answer). In order to better understand the Defendant's position, Plaintiff served Discovery Requests for Production of Documents and Things, Admissions and Interrogatories on or about September 23, 2002. (Exhibit "C"; Plaintiff's Discovery Requests). Defendant Fisher responded to that Discovery, but the papers proffered are, on their face, unresponsive. Not a single piece of paper has been produced to support the Defendant's purported defenses to the Mortgage Foreclosure. (Exhibit ~D"; Defendant's Responses to Plaintiff's Requests for Discovery). Plaintiff now moves for Summary Judgment and this Brief is respectfully submitted in support thereof. LEGAL ARGUMENT WHERE NO GENUINE ISSUES OF MATERIAL FACT EXIST AND PLAINTIFF IS ENTITLED TO JUDGMENT AS A MATTER OF LAW, SUMMARY JUDGMENT SHOULD BE GRANTED. The purpose of the summary judgment procedure is to prevent vexation and delay, improve the machinery of justice, promote the expeditious disposition of cases and avoid unnecessary trials when no genuine issue of material fact is raised. Specifically, Rule 1035(2) (a) of the Pennsylvania Rules of Civil Procedure, as amended, provides in pertinent part: After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law (]_) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report, or (2) if, after the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to a jury. PA RCP Rule 1035; Pennsylvania State University v. University Orthopedics, Ltd., 706 A.2d 863 (Pa. Super 1998); American States v. Maryland Casualty, 427 Pa. Super. 170, 180, 628 A.2d 880, 885 (1993); Dublin by Dublin v. Shuster, 410 Pa. Super. 1, 5, 598 A.2d 1296, 1298 (1991); Godlewski v. Pars Mfg. Co., 408 Pa. Superior Ct. 425, 597 A.2d 106 (1991); Carrinqer v. Taylor, 402 Pa. Super. 197, 586 A.2d 928 (1990); Consumer Party of Pennsylvania v. Commonwealth of Pennsylvania, 510 Pa. 158, 507 A.2d 323 (1986); Williams v. Pilqrim Life Insurance Company, 306 Pa. Super 135, 461 A.2d 833 (1983); Thompson Coal Co. v. Pike Coal Co., 488 Pa. 198, 412 A.2d 46 (1979), Linwood Harvestore, Inc. v. Cannon, 427 Pa. 434, 235 A.2d 377 (1967). The Rule has been revised to permit this Honorable Court to grant this Motion for Summary Judgment under two concepts: (1) the absence of a dispute as to any material fact and (2) the absence of evidence sufficient to permit a jury to find a fact essential to the cause of action or defense. The burden of demonstrating that there is no genuine issue of material fact rests on the moving party. Hower v. Whitmark Assoc., 371 Pa. Super. 443, 381 A.2d 524 (1988); Carollo v. 48 Insulation, Inc., 252 Pa. Super. 422, 381 A.2d 990 (1977); Ducko v. Chrysler Motors Corporation, et al., 433 Pa. Super. 47, 639 A.2d 1204 (1994); Santos v. Insurance Placement Facility, 426 Pa. Super. 226, 626 A.2d 1177 (1993), alloc, den. 642 A.2d 487; Marks v. Tasman, 527 Pa. 132, 589 A.2d (1991). In order to demonstrate entitlement to a summary judgment, the moving party must meet a burden of proof, described in Laventhol & Horwath v. Dependable Insurance Associates, Inc., 396 Pa. Super. 553, 558, 579 A.2d 388, 390 (1990), alloc, den. 593 A.2d 413, 593 A.2d 419, 593 A.2d 420, as follows: Summary judgment may properly be entered only if the pleadings, depositions, answers to interrogatories and admission on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Pa. R.C.P. 1035(b). The moving party has the burden of persuading the court that no genuine issues exist as to the material facts. Summary judgment may be entered only where the case is free from doubt [citations omitted]. In passing upon a motion for summary judgment, moreover, the court must examine the record in the light most favorable to the non-moving party. Any doubt must be resolved against the moving party. Once such a showing is made, summary judgment is appropriate if an adverse party is unable to come forward with probative evidence. "When the moving party makes out a case for summary judgment, the adverse party may not claim that the averments of his pleading alone are sufficient to raise a genuine issue of fact so as to defeat the motion." The adverse party must set forth specific facts showing there is a genuine issue for trial. Phaff v. Gerner, 541 Pa. 146, 303 A.2d 826 (1973); Papev. Smith, 227 Pa. S. 80, 323 A.2d 856 (1974); Amabile v. Auto Kleen Car Wash, 249 Pa. S. 240, 376 A.2d 247 (1977); Fiffich v. GAF Corp., 412 Pa. Super. 261, 603 A.2d 208, 210 (1992. The pleadings, exhibits and affidavits of the Plaintiff in the instant case establish conclusively that there are no genuine issues of material fact and that Plaintiff is entitled to judgment as a matter of law. Bo PLAINTIFF'S COMPLAINT STATES A CAUSE OF ACTION FOR BREACH OF CONTRACT JUSTIFYING DISMISSAL OF DEFENDANT'S NEW MATTER. Summary judgment based upon contractual liability is appropriate when the documents are undisputed and there is no question as to the contracting parties' intent. See, e.g., Paul Revere Protective Life Ins. Co. v. Weis, 535 F.Supp. 379 (E.D. Pa. 1981); Kane Gas Light & Heating Co. v. Pennzoil Co., 587 F.Supp. 910 (W.D. Pa. 1984). Plaintiff initiated this action in mortgage foreclosure against the Defendant based upon the mortgage obligation. In his Answer, Defendant does not dispute the existence of the documents, that he is a party to each of these agreements, that they secure the unpaid Note or that payments have not been made since December 1, 2001. Therefore, since the Defendant does not dispute the validity or clarity of the agreements and because the motion relies on written documents which are fully integrated, signed by the party to be charged and undisputed as to interpretation, Plaintiff's motion for summary judgment is appropriate. Co PLAINTIFF IS ENTITLED TO SUMMARY JUDGMENT AS A MATTER OF LAW. The Defendant's Answer contains a number of general denials to allegations set forth in Plaintiff's Complaint in Mortgage Foreclosure. However, as a matter of law in mortgage foreclosure actions, non-specific denials by an answering party, such as those "without information sufficient to form a belief as to the truth of" averments as to amounts of money due and owing, must be considered "admissions of those facts" See, New York Guardian Mortgage Corporation v. Dietzel, 362 Pa. Super. 426, 429 (1987 ; Cercone v. Cercone, 254 Pa. Super. 381, 386 A.2d 1 (1978). Averments in a pleading to which a responsive pleading required are admitted when not denied specifically or by necessary implication. A general denial shall have the effect of an admission. Pa. R.C.P. 1029(b) . Reliance on Pa. R.C.P. 1029(c) does not excuse a failure to admit or deny a factual allegation when it is clear that the pleader must know whether a particular allegation is true or false. Cercone, supra.. See also: Commonwealth by Preate v. Rainbow Associates, 138 Pa. Cmwlth. 56, 587 A.2d 357 (1991) (a party may not rely on 1029(c) and be excused from answering averments based on a lack of information where that party has sufficient information at their disposal to answer such allegations). A party seeking to avoid the entry of summary judgment may not rest upon the mere allegations and denials of his or her pleadings, but must set forth specific facts by way of depositions, answers to interrogatories, admissions or affidavits which establish that there is a genuine issue for trial. Curran v. Children's Service Center of Wyominq County, Inc., 396 Pa. Super. 29, 578 A.2d 8 (1990), appeal denied, 526 Pa. 548, 585 A.2d 468. Moreover, in mortgage foreclosure actions, general denials by mortgagors that they are without information sufficient to form a belief as to the truth of averments as to the principal and interest due and owing must be considered an admission of those facts. New York Guardian Mortgage Corporation v. Dietzel, 362 Pa. Super. 426, 524 A.2d 951 (1987). Further, under Pennsylvania law, the fact that a mortgagor does not admit to the amount of indebtedness does not prevent the entry of summary judgment where it has been admitted that the mortgage is in default. Landau v. Western Pennsylvania National Bank, 445 Pa. 217, 282 A.2d 335 (1971) . The Defendant's entire defense consists of unsubstantiated, unsupported allegations that he was ~out of the country" through June, 2002, that he had attempted to arrange for ~electronic payments" during his absence, and that for reasons irrelevant to this motion, those efforts failed. The pleading filed by the Defendant, however, is dated September 23, 2002. More than seven (7) months have passed since that date, and the Defendant has done nothing whatsoever to bring the account current, establish the whereabouts of the purported electronic payments, discover why the purported payments were never received by CENLAR, etc. The statements set forth in the Defendant's Answer are an explanation of his default, not a defense to the Mortgage Foreclosure. At any time during these ensuing months, the account could have been brought current. Plaintiff served Discovery Requests for Production of Documents and Things, Admissions and Interrogatories on November 4, 2002, in order to better understand the Defendant's position. While the Defendant filed a Response respectfully submits that, establishing a true defense to the Discovery, Plaintiff were the Defendant capable of to this suit, or even support his assertions, those proofs would have been and should have been appended to his responses to Plaintiff's Requests for Production of Documents and Things. No papers, not a single shred of evidence, were produced by this Defendant. His response to Discovery was nothing more than a restatement of the explanation set forth under his ~Answer" to the pending Complaint in Mortgage Foreclosure. Further, the Defendant asserts that he did not know that the mortgage was in default. Plaintiff submits that the Defendant was in the sole and obvious position to be the only party, apart from Plaintiff, to have that knowledge. He could have investigated the mortgage status at any time. Again, the fact that Plaintiff gave him an opportunity to address the default, which he elected to waive, does not give rise to a defense to the Mortgage Foreclosure. It is clear from a review of the Defendant's Answer to Plaintiff's Complaint that the he has no defense to the material allegations of this case. In this instance the material facts are not in dispute. Defendant's efforts to interject discussions of the parties do not rise to the level of a defense to the obligation under the loan documents. Therefore, because neither the Answer nor his responses to Plaintiff's Discovery substantiate any claim or defense to the obligations of the Note and Mortgage, there is no proper basis to deny the entry of summary judgment in mortgage foreclosure. CONCLUSION For all of the foregoing reasons, Plaintiff respectfully requests that this Honorable Court grant its motion for summary judgment and enter judgment in mortgage foreclosure in its favor and against the Defendant, Jay Arthur Fisher a/k/a Jay A. Fisher, in the amount of $70,312.30, plus interest at the per diem rate of $17.27 from December 1, 2001 until the date of judgment. Respectfully Submitted, THE LAW OFFICES OF BARBARA A.~EIN, Barbara A. Fein, EsqUire Attorney for Plaintiff P.C. Exhibit A THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein / I.D. No. 53002 KMsten J. DiPaolo / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys fbr Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent, Cenlar, F.S.B.. PlaintifL JAY ARTHUR FISHER a/k/a JAY A. FISHER. Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NOTICE NO. o:z-- ,qca7 ::: .7:;.79 __ · ~ ~'~ COMPLAINT IN MORTGAGE FORECLOS ..~ NOTICIA YOU HAVE BEEN STIED IN (iO(IRT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES. YOU MUST TAKE ACTI¢)N WITHIN TWENTY {20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED. BY ENTERING A WRITTEN APPEARANCE PERSONALLY tlr BY A'I'FORNEY AND FILING IN WRITING WITH THE COIIRT yOI. IR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FO[CFH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUTYOLI AND A JUDGMENT MAY BE ENTER ED AGAINST YOU BY THE COURT WITHOUT FIIRTHER NOTlCE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR F()R ANY OI'HER CLAIM OR RELIEF REOUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT 're ) Y()I ! YOU SHOIJLD FAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT IIAVE A I.AWY[!R ( )R CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE S1-7¥ FORTIt BELOW "FO FIND OUT WHERE YOU CAN (iET LEGAI~ HEI,I' Cumberland C'ounty Court Administrator 4th Floor ('tltlll%'l hind (_'lltlllty Court House I {'ourdmusc 5:,quarc l ~arlislc. I'A 17013 LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES. USTED TIENE {20) DIAS DE PLAZO A PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA. SEA AVISADO QUE SI LISTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION O POR CUALQIER QUEJA O ALIVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO, SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O S1 NO TIENE El_. DINERO SUFICIENTE PARA PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CIJYA DIRECCION SE ENCUENTRA ESCRITA ABA.lO PARA AVERIGUAR DONDE lISTED PUEDE C()NSECiIIIR ASISTENCIA I.EGAL. Cumbcrhmd County Court Administrator 4th Floor Cumberland (.7ouilly Cotlrt I louse I CODI'Ihous',2 Square Carlisle. I'A 17013 1717) 240-6200 (717) NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1601 (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. § 201, ETSEQ. ("THE ACTS") To the 1. 2. extent the Acts may apply, please be advised of the following: The amount of the original debt is stated in the Complaint attached hereto. The Plaintiff who is named in the attached Complaint and/or its loan servicing agents are Creditors to whom the debt is owed. The debt described in the Complaint attached hereto and evidenced by the copies of the mortgage and note will be assumed to be valid by the Creditor's law- firm, unless the Debtors/Mortgagors, within thirty days after receipt ,of this notice, dispute, in writing, the validity of the debt or some portion thereof. If the Debtors/Mortgagors notify the Creditor's law firm in writing within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor by the Creditor's law firm. If the Creditor who is named as Plaintiff in the attached Complaint is not the original Creditor, and if the Debtor/Mortgagor makes written request to the Creditor's law firm within thirty days f¥om the receipt of this notice, the name and address of the original Creditor will be mailed to the Debtor by the Creditor's law firm. Written request should be addressed to: THE LAW OFFICES OF BARBARA A. FEIN, P.C. Attention: Kristen DiPaolo. Esquire ''425 Commerce Drive. Suite 100 Fort Washington. PA 19034 THIS LETTER MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1. (al) below described. (b) CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE The Plaintiff. Mortgage Electronic Registration System,/nc., is the holder of a mortgage as Cenlar. FSB. is a Corporation having been organized under the laws of the State of New' Jersey and having its principal place of business at 425 Phillips Boulevard, Ewing, NJ 08618. (c) Cenlar, FSB. is the loan servicing agent for Plaintiff: maintaining the business records for the Plaintiff/Mortgagee in the ordinary course and scope of business. 2. (a) Defendant .lay Arthur Fisher a/k/a Jay A. Fisher is an individual whose last Maown address is 10akwood Avenue. Mechanicsburg, PA 17055-4730. (b) Defendant Jay Arthur Fisher aJk/a Jay A. Fisher holds an interest in the subject property as both a Real Owner and Mortgagor. (c) If the above named Defendant is deceased, this action shall proceed against the deceased Defendant's heirs, assigms, successors, administrators, personal representatives and/or executors through his estate whether the estate is probated. 3. (a) The residential mortgage being foreclosed upon is secured by property located at 10akwood Avenue, address within the Township of Upper Allen, Cumberland County. Pennsylvania. (b) All documents evidencing the residential mortgage have been recorded in the Recorder of Deeds' Office in Cumberland County, Pennsylvania. (c) The Mortgage was executed on Jtme 24, 1985 and was recorded on Jtme 24, 1985 in Mortgage Book 781. at Page 660. (d) The legal description fbr this parcel is attached and incorporated as Exhibit "A" ('Mortgaged Premises). (e) The herein nm~ed Plaintiff has standing to bring the instant action by virtue of Assigmztems of Mortgage. dulv and publicly recorded as below: Assignor: Colonial Mortgage Service Company Assignee: Federal Home Loan Mot-tgage Corporation (FHLMC) Recording Date: October 7, 1986 (Assignment) Book: 324 At Page: 261 Assignor: Federal Home Loan Mortgage Corporation (FHLMC) Assignee: GMAC Mortgage Corporation f/k/a GMAC Mortgage Corporation of PA. Successor by Merger to GMAC Mortgage Corporation of Iowa Recording Date: As Recorded (Assignment) Book: As Recorded At Page: As Recorded Assignor: GMAC Mortgage Corporation f/k/a GMAC Mortgage Corporation of PA. Successor by Merger to GMAC Mortgage Corporation of Iowa Assignee: Cenlm', FSB, Nominee (MERS) Recording Date: January 2, 2001 (Assigmnent) Book: 663 At Page: 468 (0 By virtue of Pennsylvania Rules of Civil Procedure Rule 1147 (1) and 1019(g), mhd on the basis of environmental responsibility, Plaintiff is not obliged to append copies of the above mentioned publicly recorded documents to this mortgage foreclosure action. 4. The mol~tgage is in default because the Defendant above named failed to timely tender the monthly payment of $916.32 on December 1, 2001. and thereafter fhiled to make the monthly payments. 5. As authorized under the mortgage instrument, the loan obligation has been accelerated. 6. Plaintiff seeks entry ofjudgmem in rem on the following SU1T1S'. (a) Principal balance of mortgage due and owing (b) Interest due and owing at the rate of 12.625% calculated fi'om the default date above stated through August 16, 2002 Interest will continue to accrue at the per diem rate of $17.27 through the date on which judgment in rem is entered in Plaintiff's favor. $49,922.44 4,973.08 (c) Late Charges due and owing under the Note 140.00 in accordance with the Mortgage Instrument (d) Escrow Advances made by Plaintiff Mortgagee on 1,927.71 behalf of Defendant mortgage account (e) Corporate Advm~ces and other fees as recoverable 55.50 under the terms of the mortgage instrument Court Costs and fees as recoverable 300.00 under the mortgage terms, estimated (g) Attorneys' lees 2,496.12 Calculated as 5% of the principal balance due, in accordance with the mortgage terms TOTAL IN REM JUDGMENT SOUGHT BY PLAINTIFF $59,814.85 7. (a) The attorneys' fees set forth as recoverable at Paragraph 6(g) are in confbrmity with Pem~sylvania law and the terms of the mortgage, and will be collected in the event of a third-party purchaser at a Sheriffs Sale only. (b) If the mortgage arrears are to be reinstated or paid-oil'prior to the Sheriff's Sale, Plaintiffs actual attorneys' fees {calculated at counsel's hourly rate) wilt be charged based upon work actually performed. Dollars. (a) The original principal balance of the Mortgage is less than Fifty Thousand ($50,000.00) (b) Under ACT 6, 41 P.S. §101, et seq., Plaintiff Mortgagee is obliged to serve Notice of its Intention to Accelerate the Mortgage by certified mailing prior to its instituting foreclosure proceedings. The Plaintiff hereunder served said Notice upon the defaulting borrower on February 11, 2002 (c) Appended hereto and incorporated herein by reference as Exhibit "B" are copies of the Notices required, having been sent on the date set forth on the Notice. 9. (a) The subject mortgage is governed by ACT 91 of 1983 35 P.S. § 1840.401C, et seq.. (b) Under Pennsylvania's ACT 91, PlaintiffMortgagee is obligated to serve the Defendants with notice of their rights under the "Homeowners Emergency Mortgage Assistance Program", by regular mailing, prior to initiating Ibreclosure proceedings. The Plaintiffhereunder served said Notice upon the defaulting bon'ower on February 11, 2002 (c) Appended hereto and incorporated herein by reference as Exhibit "B" are copies of the Notices required, having been sent on the date set forth on the Notice. (d) The Defendant has failed to make a timely application for financial assistance with the Pelmsylvania Housing Finance Agency. Dollars. (a) The original principal balance of the Mortgage is less than Fifty Thousand ($50.000.00) (b) Under ACT 6.41 P.S. §101. et seq.. Plaintiff Mortgagee is obliged to serve Notice of its Intention to Accelerate the Mortgage by certified mailing prior to its instituting ]tbreclosure proceedings. The Plaintiff hereunder served said Notice upon the defaulting borrower on February 11. 2002 (c) Appended hereto m~d incorporated herein by reference as Exhibit "B" are copies of the Notices required, having been sent on the date set forth on the Notice. 9. (a) (b) The subject mortgage is governed by ACT 91 of 1983 35 P.S. sS 1840.401C, et seq.. Under Pennsylvmfia's ACT 91, PlaintiffMortgagee is obligated to serve the Defendants xvith notice of their rights under the "Homeowners Emergency Mortgage Assistance Program", by regular mailing, prior to initiating tbreclosure proceedings. The Plaintiffhereunder served said Notice upon the defaulting borrower on February 11, 2002 (c) Appended hereto and incorporated herein by reference as Exhibit "B" are copies of the Notices required, having been sent on the date set forth on the Notice. (d) The Defendm~t has failed to make a timely application fbr financial assistm~ce with the Permsytvania Housing Finance Agency. WHEREFORE, the Plaintiff. Mortgage Electronic Registration System, Inc., By and Through its Loan Servicing Agent. Cenlar, F.S.B.,, respectfully requests: -- Entry of judgment in rem against the Defendant above named in the total amount of $59,814.85 as stated Paragraph 6, plus all additional interest and late charges accruing through date of judgment entry; and -- Foreclosure m~d Sheriffs Sale of the subject mortgaged property. Respectfully Submitted, THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, Esquire Attorney tbr Plaintiff Attorney I.D. No. 53002 -~[1 THAT CERTAIN house and lot of ~ro.=.d situate in the Township of Upper Aii~n, County of Cumberland-and S=a=e .of P~nnsylvania, bounded and described as follows: BEGINNING =ta point in the westerly line of Oakwood Avenue (4B wide), which skid ~oint is in the division line between Lots 7 and 8 in the hereinafter men~/oned Plan of Lots; thence along said westerly line of Oakwood Avenue (40 ~eet wide), Nor=h 27 degrees 24 minutes West,' for~y aaa seventy-one one-hundredths (40-71) feet to a point; thence continuing alohg said westerly line of Oakwood Avenue (40 feet wide) in a northerly direction along the arc of .a circle curving .to =he right an~ having a radius of eighty (~0] feet, the arc 4isuanue of .sixty-seven and fifty-nine one-hundredths-(67.59) feet =oa ~oin=; thencm South 62 degrees 2~ minutes West, one hundred sixty-six and eiuh=y- . nine one-hundredths (166.~9) feet to a po!n:; =hence along the line of lands now or late of Paul Balsh and Benjamin Shelly an~ ' wife, South 27 degrees 14 minutes Eas=, one hundred (lO0) =o a point in =he ~lvision line between Lots Nos. 7 and 8, afore- mentioned; thenoe along the division line between Lots Nos. 7 to a point in the westerly line of Oakwood Avenue (40 feet wide), aforemon=ioned, at the pein= and place of BEGINNING. BEING Lot No. 7, Block 'A," in the Plan of Lots known as '"~E~ERCROFT" which ~aid Plan of Lots Am recorded in the Cumber- land County Rocorder's Office in ~lan Book 12, a~ pag~i 4. house, num~cr~d 10akwood Avenue, Mechanicsburg, Penn~ylvania. BEING =ho same premises which Mary Elizabeth Parsei1, wido~, by her deed dated July 27, 1972, and recorded in ~he Office of the liecorder of Deeds in and for Cumberland Coun=y, Penn~'lvania, i~ Deed Bo~k S, Volume 24, Page 848, granted amd co~v~yed unto Ilichard E. Nordques= and £unice ~. Nordquest, his wiff:, the Grantor~ her~in. UNDER AN0 SUBJECT; NEVERTHEL~SS,'to restrictions and c~nditions cf record. CENLAR, CCENT~L LOAN ADMINISTRATION & REPORTING (800) 242-7178 (609) 538-0088 (in New Jersey) February 11, 2002 Jay A Fisher 1 0akwood Ave Mechanicsburg PA 17055-4730 Mortgaged Property: 10akwood Ave Mechanicsburg PA 17055-4730 Certified Mail No. Account No. 0010782035 YOUR MORTGAGE IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE. YOUR LENDER MAY FORECLOSE AND YOU MAY LOSE YOUR HOME. IF YOU WANT TO SAVE YOUR HOME FROM FORECLOSURE, YOU MUST TAKE ACTION NOW BY EITHER: 1. CLrRING THE DEFAULT - This notice e~rplains the nature of the default and your rights to protect your interest in your home (See Section 403 of the Act of January 30, 1974 (P.L.13, No. 6), 41 P.S. Section 403); OR 2. APPLYING TO THE HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU HAllE FUTURE MORTGAGE PAYMENTS - Read this notice to find out how the program works. YOU MUST MEET WiTH A CONSUMER CREDIT COUNSELING AGENCY WiTHiN 30 DAYS OF THE DATE OF THIS NOTICE IN ORDER TO APPLY. See Act of December 23, 1983 (P.L. 385, No. 91) 35 P.S. Section 1680.201c-1680.409c. If you need more information, call the Pennsylvania Housing Finance Agency at 1-800-342-2397. LA NOTIFICACION EN Al}JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECH0 A CONT!NUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOT!Pi:2AC!ON OBTENGA UNA TRADUCCiON iNMEDi'ii~'/iENTE LL~O ESTA AGENCiA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PU-EDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLA~ADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU fv£AY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 ("THE ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF RESUMING YOUR MORTGAGE PAYMENTS ~ IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLEASE READ ALL OF THIS NOTICE, iT CONTAINS AN EXPLANATION OF YOUR RIGHTS. XC177 004 CCM Page 2 Loan No. 0010782035 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 a representative of the creditor or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan or to otherwise settle your delinquency. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. HOW TO CONTACT THE CREDITOR: Name of Creditor: Central Loan Administration Address: P.o. Box 77410 Telephone Number: 1-800-242-7178 Contact Person: MS. PULLI CONSUMER CREDIT COUNSELING AGENCY - If you meet with your creditor or with a consumer credit counseling agency identified in this notice, the creditor may NOT ~ake action against you for thirty (30) days after the date of this meeting. THE NAMES AND ADDRESSES OF DESIGNATED CONSUMER CREDIT COUNSELING AGENCIES FOR THE COUNTY IN WHICH THE PROPERTY IS LOCATED ARE SHOWN ON THE ATTACHED SHEET. It is only necessary to schedule one face- to-face meeting. Advise your creditor IMMEDIATELY of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth in this Notice. if you have tried and are unable to resoi~e ~is problem wZ~i~ ~h~ creditor, you have the right no 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 on the attachment. 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 ~hirty (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 LETTER, FORECLOSURE MAY PROCEED 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. It is extremely important that your XC!78 008 CCH Page 3 ~ Loan No. 0010782035 application is accurate and complete in every respect. 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. THE PENNSYLVANIA HOUSING FINANCE AGENCY IS LOCATED AT 2101 NORTH FRONT STREET, POST OFFICE BOX 8029, HARRISBURG, PENNSYLVANIA 17105. TELEPHONE NO. (717) 780-3800 OR 1-800-342-2397 (TOLL FREE NUMBER). PERSONS WITH IMPAIRED HEARING CAN CALL (717) 780-1869. HOW YOUR MORTGAGE IS IN DEFAULT NATURE OF THE DEFAULT- The MORTGAGE debt held by the above creditor on your property located a~: 10akwood Ave , Mechanicsburg PA 17055-4730 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS for the following months, and the following amounts are now past due: 12/1 THROUGH 1/1 PAYMENT (2) @ $889.08=$1,778.16 2/1 PAYMENT =$916.32 Monthly Payments Plus Late Charges Accrued: $ 2750.48 NSF: $ Inspections: $ Other: $ (Suspense): $ TOTAL AMOUNT TO CURE DEFAULT: $ 2,750.48 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: REINSTATE THE LOAN 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 creditor plus any additional monthly payments and late charges which may fall due after the date of this notice and the date you make your payment. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Central Loan Administration 425 Phillips Blvd. Ewing, NJ 08628 Attn: Cash Management Department You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. XC179 015 CCH Page 4 Loan No. 0010782035 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 CREDITOR INTENDS TO EXCERCISE 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 creditor also intends to instruct its attorneys to start a lawsuit to foreclosure upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the creditor refers your case to its attorneys, but you cure the delinquency before the creditor 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 legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the creditor even if they exceed $50.00. ~_ny attorney's fees will be added to the amount you owe the creditor, 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 ATTOP~NEY'S FEES. OTHER CREDITOR REMEDIES - The creditor may also sue you personally for the unpaid principal balance and other sums due under the mortgage. You can not be sued personally if you have obtained a discharge in a Bankruptcy proceeding. In that circumstance suit will be for property only. 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 HA\~ 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 PLUS _ANY COSTS CONNECTED WITH THE FORECLOSURE SALE AND ANY OTHER COSTS CONNECTED WiTH THE SHERIFFS SALE ~ND BY PERFORMING ANY OTHER REQUIREMENTS UNDER THE MORTGAGE. E~-£~LiES? POSSZELE SHERZ£F~S Di~TE - iL is esSim5n.~! cleat Lhe earliest dare that such a Sheriff's Sale of the mortgaged property could be held would be approximately NINE (9) months from the date of this Notice. A notice of the actual date of the Sheriffs 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 blz contacting the creditor. If money is due, such pa%~ent must be in cash~ .cashier's check, certified check or money order made payable to the creditor at the address set forth above. XC180 010 CCM Page 5 Loan No. 0010782035 EFFECT OF SHERIFF'S SALE DATE - 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the creditor at any time. OTHER RIGHTS THAT YOU HAVE - You have additional rights to help protect your interest in the property. ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will asssume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU ALSO HAVE THE RIGHT * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBTOR. * TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ~ THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCUPd{ED, IF YOU CURE THE DEFUALT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ~ CALENDAR YEAR.) * TO ASSERT THE NONEXISTANCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR AiqY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. A LIST OF CONSUMER COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Sincerely, Second Vice President XC181 019 CCM THiS IS AN ATTEMPT TO COLLECT A DEBT AND A~Y iNFORMATION OBTAINED IN RESPONSE T0 THIS WILL BE USED TO FURTHER THAT END. m Certified Return Delivery Fee (Endomement Required) $ Total Post~ge O: VERIFICATION The undersigned, an officer of Cenlar, F.S.B., the instant Plaintiff, or its servicing agent, being authorized to make this Verification on behalf of Plaintiff, hereby verifies that the facts set forth in the ibregoing Complaint in Mortgage Foreclosure are taken from the records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, ini%rmation and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Dated: -~ame : Ros/~ry L. Leonardis Title · Second Vice President Company: Cenlar, F.S.B. Exhibit B COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 02-4027 Civil Term MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent, CENLAR, F.S.B., Plaintiff, JAY ARTHUR FISHER a/k/a JAY A. FISHER, Defendant CIVIL ACTION -- RESPONSE TO ABOVE-REFERENCED COMPLAINT 1. (a) Defendant had only dealt with the loan servicing agent, CENLAR, and cannot verify as to whether Mortgage Electronic Registration System, Inc. is the holder of the mortgage. (b) Defendant has no objection to this statement. (c) Defendant has no objection to this statement. (a) (b) (c) This is a factual statement. This is a factual statement. This statement is not applicable since the Defendant is not deceased. (a) (b) (c) (d) Defendant has no objection to this statement. Defendant has no objection to this statement. Defendant acknowledges that the Mortgage was indeed executed on the 24th of June, 1985. Defendant has no objection to this objection. (e) (f) Defendant has no formal records as to the dates when the Mortgage was sold from Colonial Mortgage Service Company to Federal Home Loan Mortgage Corporation (FHLMC) to GMAC Mortgage Corporation to CENLAR; however, Defendant has no objection to this paragraph herein. Defendant has no objection to this statement. 4. Defendant had attempted to make payments via electronic means and had been out of the country until June of this year. Below is the synopsis of the efforts made by the Defendant to tender monthly mortgage payments in a timely fashion: In late November of 2001, Defendant had signed and mailed complete forms to authorize CENLAR to deduct automatically, from Defendant's account with Hawthorne Credit Union, an mount of $916.32 each month beginning December of 2001. Such monthly payments are to cover for the monthly installments owed under the terms of the mortgage. Sufficient funds existed in that account to pay for all monthly payments until the Defendant's return from overseas travel, which was June of 2002. On or about February 15, 2002, Defendant noticed no funds were being withdrawn from his account. Defendant attempted to call Plaintiff to rectify the matter. Telephone connections were poor from overseas and calls were repeatedly disconnected. On each succeeding call, Defendant was connected with a different service representative; each of those representatives refused to give their full names and extensions (as a company policy for security reasons). The Defendant requested for their full names and telephone extensions in case of further disconnection. Finally, Defendant reached a "Ms. D. Farrauto", who upon accessing the Defendant's file, acknowledged the receipt of the automatic payment authorization forms. Ms. Fan'auto informed the Defendant that it may be possible to withdraw the funds retroactively (since the Plaintiff did not yet automatically deduct the monthly installments beginning December of 2001) and that she would see what she could do to rectify the situation. She also indicated that penalties could be waived in this situation. Defendant informed Ms. Fan'auto of his intended return date at this time and gave his e-mail address in order for Ms. Fan'auto or another servicing agent to confirm that automatic payments had been set up. Defendant followed up on his phone call with an e-mail to Ms. Farrauto on that same date. On March 12, 2002, Defendant again e- mailed Ms. Farrauto requesting for the status of his account. Defendant received no reply. To the best of the Defendant's knowledge, there was no other correspondence received by the Defendant from the Plaintiff until after his arrival back in this country, that being the Notice of Foreclosure, served on September 3, 2002. 5. Defendant does not agree to the fact the loan obligation should be accelerated. Defendant provided the Plaintiff with the required forms to have the monthly mortgage payments automatically withdrawn from his checking account beginning in December, 2001. Mortgage would not be in default had the Plaintiff not failed to automatically deduct the monthly amounts of $916.32. Sufficient funds were available from the entire period Defendant was out of the country. 6. Defendant is aware that Plaintiff is seeking entry of judgment in rem; Defendant is objecting to the reasoning of the case and subsequently objecting to the application of the entry of judgment (a) (b) (c) (d) Fact is duly noted. Defendant has no objection to the calculations. Defendant objects to the accrual(s) at the per diem rate of $17.27 through the date on which judgment in rem is entered in Plaintiffs favor. Defendant objects to the late charges being accrued on the Mortgage, for the reasons as cited in paragraph no. 4. No objection to this statement. (e) Defendant neither objects nor agrees to this statement. Defendant is seeking a stay on the Mortgage Foreclosure; hence, Defendant would like to work out an arrangement to settle the account. Defendant is asking the Court not to award the Court Costs and fees as requested herein by the Plaintiff. (g) Defendant is asking the Court not to award the Attorney's fees as requested herein by the Plaintiff. 7. (a) Defendant objects to this statement on the grounds of applicability of the Plaintiff's request. CO) 8. (a) Co) Defendant objects to this statement. This is a known fact as recorded in the mortgage application. On February 11, 2002, Defendant was out of the country and was not in Pennsylvania to sign for the certified mailing. Plaintiff made the attempt to serve the above-referenced mailing but Defendant never received it personally. The certified mail was then returned to the Plaintiff by the U.S. Postal Service nnsiened. (c) Please refer to the above section (b) - Defendant did not personally received the certified mailing, as claimed by the Plaintiff, in Exhibit "B". As stated, Defendant was out of the country until June of 2002. 9. (a) Defendant neither objects nor agrees to this statement. This requires legal knowledge in the realm of real estate law which the Defendant is not acquainted with. Co) Prior to foreclosure proceedings, Plaintiff might have sent the "Homeowners Emergency Mortgage Assistance Program on February 11, 2002; however, Defendant was out of the country until June of 2002 and hence cannot respond in due time. Defendant was not aware that the mortgage was in default at that time - please refer to paragraph no. 4. (c) (d) Defendant hereby acknowledges that Defendant did not receive a copy of the Notice of Rights under the "Homeowners Emergency Mortgage Assistance Program" by regular mailing on February 11, 2002, as exhibited in Exhibit "B" since the Defendant was out of the country until June of 2002. Defendant had made arrangements to have payments being made electronically and was not aware that the Mortgage was in default. Please refer to Oaraeraph no. '~ Defendant objects to this statement. IN SUMMARY, the Defendant, JAY ARTHUR FISHER a/k/a JAY A. FISHER, is requesting the Court to allow the Defendant to settle the account with the Plaintiff. The Defendant also is requesting the Court not to enter judgment in rem, in favor of the Plaintiff, and to grant the Defendant a Stay of Foreclosure. The Defendant intends to seek legal help from an Attorney, to work out a formal agreement with the Plaintiff, in order to settle the mortgage account. Dne to unemployment, Defendant lacks financial resources and has to file this written response, pro se, in person. Respectfully submitted, JAY ARTHUR FISHER, Defendant .,CERTIFICATION I, Jay Arthur Fisher, hereby certify that my statements, as made in the written response, are truthful and that, to the best of my knowledge, am not aware that the Mortgage was in default until a Notice of Mortgage of Foreclosure was served. I had not received the Notices, being sent by the Plaintiff, on February 11, 2002 since I was out of the country from November of 2001 until June of 2002. I ALSO UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO PENALTIES OF 18 PA C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. September 23, 2002 '~JAY ARTHUR FISHER Defendant, pro se Exhibit C NEW JERSEY OFFICE 905 North Kings Highwa.~ Cherry Hill, NJ 08034-1569 (856) 596-5552 Barbara A. Fein. Esquire Kristen J. DiPaolo. Esquire Members of Penn~.vh,ania and Ne~l, Jersey Bars THE LAW OFFICES OF BARBARA A. FEIN, P.C. 425 Commerce Drive Suite 100 Fort Washington, PA 19034 (215) 653-7450 FAX: (.215) 653-7454 Direct e-mail: KRIS TEN D@lo baf. com PII'TSBURGH OFFICE 110 Atwood Street. Box 680 Pittsburgh, PA 15213 (412) 361-8286 File No. 02-7627 PLEASE RESPOND TO OUR FORT WASHINGTON OFFICE DIRECT PHONE EXT. 103 November 4, 2002 Jay Arthur Fisher aJk/a Jay A. Fisher 10akwood Avenue Mechanicsburg, PA 17055-4730 VIA CERTIFIED MAILING AND CERTIFICATE OF REGULAR MAIL MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent, Centar, F.S.B.v. JAY ARTHUR FISHER a/k/a JAY A. FISHER Cumberland County Court of Common Pleas No. 02-4027 Dear Mr. Fisher: Please find enclosed Plaintiff's Request for Admissions, Plaintiff's Request for Production of Documents and Things. and Plaintiff's Interrogatories. Under PA RCP Rules 4014, et al., the Defendant has thirty (30) days within which to respond. Please feel free to call me if you have any questions regarding this matter. Sincerely, BY: Kristen J. Di?~t...F.~quire BAF:gba enc. A. FEIN, P.C. THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / ID No. 53002 Kristen J. DiPaolo, Esquire / ID No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent, Cenlar, F.S.B., Plaintiff, Vo JAY ARTHUR FISHER a/k/a JAY A. FISHER, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-4027 PLAINTIFF'S REQUEST FOR ADMISSIONS UNDER PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 4014 TO: JAY ARTHUR FISHER a/k/a JAY A. FISHER 10akwood Avenue Mechanicsburg, PA 17055-4730 Plaintiff, Mortgage Electronic Registration System, Inc., By and through its Loan Servicing Agent, Cenlar, F.S.B., by its undersigned attorney, The Law Offices of Barbara A. Fein, P.C., Barbara A. Fein, Esquire, hereby serves the within Request for Admissions upon the Defendant above captioned pursuant to Pennsylvania Rule of Civil Procedure Rule 4014. Each matter set forth hereinafter shall be deemed admitted unless you serve an Answer or Objection upon counsel for Plaintiff within thirty (30) days of the date of service hereof. You are requested to admit the following: 1. The Answering Defendant is the same individual who executed a Note to Colonial Mortgage Service Company on June 24, 1985 in the amount of Sixty Five Thousand and 00/100 ($65,000.00) Dollars. 2. The Answering Defendant is the same individual who executed a Mortgage to secure the above described Note on Colonial Mortgage Service Company in the amount of Sixty Five Thousand and 00/100 ($65,000.00) Dollars. 3. The above described Note is secured by a Mortgage on real property situated at 10akwood Avenue, Township of Upper Allen, Cumberland County, in the Commonwealth of Pennsylvania. 4. The Answering Defendant has failed to timely make each and every monthly mortgage payment due and owing on the obligation which is the subject of this mortgage foreclosure action. 5. (a) The Answering Defendant failed to make a monthly mortgage payment due and payable on December 1, 2001. (b) The Answering Defendant failed to make a monthly mortgage payment due and payable on January 1, 2002. (c) The Answering Defendant failed to make a monthly mortgage payment due and payable on February 1, 2002. 3 (d) The Answering Defendant failed to make a monthly mortgage payment due and payable on March 1, 2002. (e) The Answering Defendant failed to make a monthly mortgage payment due and payable on April 1, 2002. (f) The Answering Defendant failed to make a monthly mortgage payment due and payable on May 1, 2002. 4 (g) The Answering Defendant failed to make a monthly mortgage payment due and payable on June 1, 2002. (h) The Answering Defendant failed to make a monthly mortgage payment due and payable on July 1, 2002. (i) The Answering Defendant failed to make a monthly mortgage payment due and payable on August 1, 2002. (j) The Answering Defendant failed to make a monthly mortgage payment due and payable on September 1, 2002. (k) The Answering Defendant failed to make a monthly mortgage payment due and payable on October 1, 2002. (1) The Answering Defendant failed to make a monthly mortgage payment due and payable on November 1, 2002. 6. The Answering Defendant has been in default on the mortgage obligation which is the subject of this foreclosure litigation since defaulting on the monthly payment due and payable on December 1, 2001. 7. To the best of the Answering Defendant's knowledge, information and belief, the default figures recited by Plaintiff in its verified Complaint in Mortgage Foreclosure are accurate and correct. 8. The Answering Defendant acknowledges that ACT 6 of 1974 applies to mortgages initially made in the amount of Fifty Thousand ($50,000.00) or less. 9. The Answering Defendant acknowledges that the subject mortgage upon which this foreclosure action is predicated was made in the initial amount of Sixty Five Thousand and 00/100 ($65,000.00) Dollars. 10. The Answering Defendant acknowledges that ACT 91 of 1983 35 P.S. § 1840.401C merely requires Defendant be sent he notices in accordance with the ACT, and therefore, receipt of notices is not required under the ACT. November 3, 2002 THE LAW OFFICES OF BARBARA A. FEIN, P.C.: BY: Kri I D.P~aO~lo, Esquire Attor P 'ntiff THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / ID No. 53002 Kristen J. DiPaolo, Esquire / ID No. 79992 Suite 100, 425 Commerce Drive Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent, Cenlar, F.S.B., Plaintiff, ro JAY ARTHUR FISHER a/k/a JAY A. FISHER, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-4027 PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS AND INTERROGATORIES TO: JAY ARTHUR FISHER a/k/a JAY A. FISHER 10akwood Avenue Mechanicsburg, PA 17055-4730 Plaintiff, Mortgage Electronic Registration System, Inc. By and through its Loan Servicing Agent, Cenlar, F.S.B., by its undersigned attorney, The Law Offices of Barbara A. Fein, P.C., Barbara A. Fein, Esquire, hereby requests that the Defendant above named produce the following documents for Plaintiff,s inspection and copying in accordance with the Pennsylvania Rules of Civil Procedure at the office of The Law Offices of Barbara A. Fein, P.C., 425 Commerce Drive, Suite 100, Fort Washington, PA 19034. DEFINITIONS A. "Document" or "documents" mean the original and any non- identical copy, regardless of origin or location, of any writing or record or type of description, including, but not limited to, the original and any copy of any books, pamphlet, periodical, letter, memorandum, telegram, report, record, study, inter-office communication, handwritten or other note, working paper, charge, paper, graph, index, tape, disc, data sheet or data processing card, or any other written, recorded, transcribed, punched, taped, filed or graphic matter, however produced or reproduced, to which you have or have had access. B. "Identify,', "identify" or "identification,, means when used in reference to: (1) a natural person, his or her: (a) full name; (b) present or last known home and business address (including street name and nUmber, city or town, and state); and (c) present or last known position, business affiliation and job description. 2 (2) (3) a company, corporation, association, partnership or any legal entity other than a natural person, its: (a) full name and type of organization or entity; (b) address of principal place of business; and (c) jurisdiction and date of incorporation or organization, if known. a document: (a (b (c (d) (e) (f) (g) its description (e.g., letter, memorandum, report, etc.); its title and date and number of pages thereof; its subject matter; the identity of its authority, signer, and any person who participates in its preparation; the identity of its addressee or recipient; the identity of each person to whom copies were sent and each person to whom copies were received; its present location and the identity of its custodian. {If any such document was, but is no longer in the possession of or subject to the control of Defendant, state what and when disposition was made of it). (4) an oral communication: (a) the date, time and place when and where it occurred; (b) the complete substance of the communication; and (c) the identity of each person to whom such communication was made, each person by whom such communication was made, and each person who was present when such communication was made. INSTRUCTIONS These Requests for apply to all documents in your possession, custody or control, or in the possession, custody or control of persons acting or purporting to act on your behalf, including, but not limited to, your present and former agents, servants, contractors, employees, accountants, attorneys, investigators, indemnitors, insurers, consultants and sureties. INTERROGATORIES i. If you deny the accompanying Request for Admission Number 1, explain fully your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 2. If you deny the accompanying Request for Admission Number 2, explain fully your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 3. If you deny the accompanying Request for Admission Number 3, explain fully your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 4. If you deny the accompanying Request for Admission Number 4, explain fully your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 5. If you deny the accompanying Requests for Admissions Numbered 5(a) through (1), inclusive~ explain fully your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 6. If you deny the accompanying Request for Admission Number 6, explain fully your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 7 7. If you deny the accompanying Request for Admission Number 7, explain fully your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 8. If you deny the accompanying Request for Admission Number 8, explain fully your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 9. If you deny the accompanying Request for Admission Number 9, explain fully your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 10. If you deny the accompanying Request for Admission Number 10, explain fully your basis and set forth the reasons for said denial, and attach any documentation which supports your denial. 11. If you deny the accompanying Request for Admission Number 7, explain fully your basis and set forth the reasons why you deny that: (a) correct. the principal balance, quoted by Plaintiff in Paragraph Complaint in Mortgage Foreclosure, is accurate and 10 (b) the unpaid interest which has accrued, quoted by Plaintiff in Paragraph 6 of its Complaint in Mortgage Foreclosure, is accurate and correct. (c) any late charges which have accrued, quoted by Plaintiff in Paragraph 6 of its Complaint in Mortgage Foreclosure, are accurate and correct. 11 (d) any monthly property inspection fees which have accrued, quoted by Plaintiff in Paragraph 6 of its Complaint in Mortgage Foreclosure, are accurate and correct. (e) any escrow advance which has accrued, quoted by Plaintiff in Paragraph 6 of its Complaint in Mortgage Foreclosure, is accurate and correct. 12 (f) any court costs incurred or which will be incurred by Plaintiff in prosecuting this civil action, as quoted by Plaintiff in Paragraph 6 of its Complaint in Mortgage Foreclosure, are accurate and correct. (g) the attorneys, fees quoted by Plaintiff in Paragraph 6 of its Complaint in Mortgage Foreclosure, are accurate and correct. 12. If you deny that the Plaintiff is entitled to the attorneys, fees quoted in Paragraph 6 of its Complaint in Mortgage Foreclosure, explain fully your basis and set forth the reasons why you deny that the Mortgage instrument itself does not control in this matter. 13 13. Upon what information and belief do you rely in alleging that the Plaintiff refused to accept monies sufficient to reinstate or pay-off the subject delinquent mortgage account? 14. Fully describe any documents which are being withheld from production and the reasons why such documents have been withheld. 15. Submit an affidavit or verification from the responding party stating that there has been full compliance with this request. 14 REQUEST FOR PRODUCTION 1. Copies of any and all documents, federal and state court opinions (whether published or unpublished), federal guidelines or other applicable statutory or common law bases upon which you rely in denying Plaintiff's Request for Admission Number 1. 2. Copies of any and all documents, federal and state court opinions (whether published or unpublished), federal guidelines or other applicable statutory or common law bases upon which you rely in denying Plaintiff,s Request for Admission Number 2. 3. Copies of any and all documents, federal and state court opinions (whether published or unpublished), federal guidelines or other applicable statutory or common law bases upon which you rely in denying Plaintiff's Request for Admission Number 3. 15 4. Copies of any and all documents, federal and state court opinions (whether published or unpublished), federal guidelines or other applicable statutory or common law bases upon which you rely in denying Plaintiff's Request for Admission Number 4. 5. Copies of any and all documents, federal and state court opinions (whether published or unpublished), federal guidelines or other applicable statutory or common law bases upon which you rely in denying Plaintiff's Requests for Admissions Numbered 5(a) through (1), inclusive. 6. Copies of any and all documents, federal and state court opinions (whether published or unpublished), federal guidelines or other applicable statutory or common law bases upon which you rely in denying Plaintiff's Request for Admission Number 6. 16 7. Copies of any and all documents, federal and state court opinions (whether published or unpublished), federal guidelines or other applicable statutory or common law bases upon which you rely in denying Plaintiff's Request for Admission Number 7. 8. Copies of any and all documents, federal and state court opinions (whether published or unpublished), federal guidelines or other applicable statutory or common law bases upon which you rely in denying Plaintiff's Request for Admission Number 8. 9. Copies of any and all documents, federal and state court opinions (whether published or unpublished), federal guidelines or other applicable statutory or common law bases upon which you rely in denying Plaintiff's Request for Admission Number 9. 17 10. Copies of any and all documents, federal and state court opinions (whether published or unpublished), federal guidelines or other applicable statutory or common law bases upon which you rely in denying Plaintiff's Request for Admission Number 10. 11. Copies of canceled checks or other proofs of monthly payment having been made to the Plaintiff Mortgagee in this action since June, 2001. 12. Copies of canceled checks or other proofs of monthly payment which Defendant alleges were improperly credited to the subject account. 18 13. Copies of any and all documents upon which you rely in alleging that the total judgment amount as calculated by the Plaintiff Mortgagee in its verified Complaint in Mortgage Foreclosure is inaccurate or incorrect. 14. Copies of any Contracts or Agreements between the Defendant and any real estate broker or agent to market the subject property. 15. Copies of any leases, or evidence of rental, of the subject premises. 16. Evidence that the Mortgagor has paid the current real estate (county, city, school) taxes for the mortgaged premises. 19 17. Evidence that the Mortgagor has paid the hazard insurance premiums as to the mortgaged premises for the current year. 18. Copies of any and all Appraisals or Broker's Price Opinions generated within the last three (3) years, within the possession of the Defendant, his/her agents, employees or brokers. 19. Copies of any and all Defendant's plane tickets, hotel bills, residential leases, travel itineraries, copies of passport evidencing exit and re-entry into the United States and other countries, during the times which Defendant alleges being out of the country from December 2001 to June 2002. 2O 20. Copies of bank statements from December 2001 forward evidencing Defendant had/has sufficient funds to cure the delinquency. November 3, 2002 THE LAW OFFICES~BAg_A A. FEIN, P.C. Krist~o,-- Esquire BY: Attorney ~o~r/Z~intiff 21 Exhibit D Jay A. Fisher 10akwood Avenue Mechanicsburg, PA 17055 Defendant MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent, CENLAR, F.S.B., Plaintiff, Vo JAY ARTHUR FISHER a/k/a JAY A. FISHER, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 02-4027 Civil Term DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST FOR ADMISSIONS UNDER RULE OF CIVIL PROCEDURE RULE 4014 1. The Answering Defendant admits that he is the same individual who executed a Note to Colonial Mortgage Service Company on June 24, 1985 in the amount of Sixty Five Thousand dollars and 00/100 ($65,000.00) Dollars. 2. The Answering Defendant admits that he is the same individual who executed a Mortgage to secure the above described Note on Colonial Mortgage Service Company on June 24, 1985 in the amount of Sixty Five Thousand dollars and 00/100 ($65,000.00) Dollars. 3. The Answering Defendant admits that the above described Note is secured by a Mortgage on real property situated at 10akwood Avenue, Township of Upper Allen, Cumberland County, in the Commonwealth of Pennsylvania. 4. The Answering Defendant has not failed to provide to timely make each and every monthly payment due and owing on the obligation, which is the subject of this mortgage foreclosure action. The Plaintiff has failed to timely withdraw automatically, as provided in the Plaintiff's own form submitted to the Plaintiff by the Answering Defendant, and to which the Plaintiff has acknowledged receipt, each and every monthly payment due. 5. (a) The Plaintiff failed to make the monthly automatic withdrawal due and payable on December 9, 2001, which the defendant had authorized. The Answering Defendant did not fail to make timely withdrawal of the above mentioned payment. Sufficient funds were available for withdrawal by the Plaintiff. (b) The Plaintiff failed to make the monthly automatic withdrawal due and payable on January 9, 2002, which the defendant had authorized. The Answering Defendant did not fail to make timely withdrawal of the above mentioned payment. Sufficient funds were available for withdrawal by the Plaintiff. (c) The Plaintiff failed to make the monthly automatic withdrawal due and payable on February 9, 2002, which the defendant had authorized. The Answering Defendant did not fail to make timely withdrawal of the above mentioned payment. Sufficient funds were available for withdrawal by the Plaintiff. (d) The Plaintiff failed to make the monthly automatic withdrawal due and payable on March 9, 2002, which the defendant had authorized. The Answering Defendant did not fail to make timely withdrawal of the above mentioned payment. Sufficient funds were available for withdrawal by the Plaintiff. (e) The Plaintiff failed to make the monthly automatic withdrawal due and payable on April 9, 2002, which the defendant had authorized. The Answering Defendant did not fail to make timely withdrawal of the above mentioned payment. Sufficient funds were available for withdrawal by the Plaintiff. (f) The Plaintiff failed to make the monthly automatic withdrawal due and payable on May 9, 2002, which the defendant had authorized. The Answenng Defendant did not fail to make timely withdrawal of the above mentioned payment. Sufficient funds were available for withdrawal by the Plaintiff. (g) The Plaintiff failed to make the monthly automatic withdrawal due and payable on June 9, 2002, which the defendant had authorized. The Answering Defendant did not fail to make timely withdrawal of the above mentioned payment. Sufficient funds were available for withdrawal by the Plaintiff. (h) The Plaintiff failed to make the monthly automatic withdrawal due and payable on July 9, 2002, which the defendant had authorized. The Answering Defendant did not fail to provide to timely withdrawal of this payment. Sufficient funds were available for withdrawal by the Plaintiff. (i) The Plaintiff failed to make the monthly automatic withdrawal due and payable on August 9, 2002, which the defendant had authorized. The Answering Defendant did not fail to make timely withdrawal of the above mentioned payment. Sufficient funds were available for withdrawal by the Plaintiff. (j) The Plaintiff failed to make the monthly automatic withdrawal due and payable on September 9, 2002, which the defendant had authorized. The Answenng Defendant did not fail to make timely withdrawal of the above mentioned payment. Sufficient funds were available for withdrawal by the Plaintiff. (k) The Plaintiff failed to make the monthly automatic withdrawal due and payable on October 9, 2002, which the defendant had authorized. The Answenng Defendant did not fail to make timely withdrawal of the above mentioned payment. Sufficient funds were available for withdrawal by the Plaintiff. (1) The Plaintiff failed to make the monthly automatic withdrawal due and payable on November 9, 2002, which the defendant had authorized. The Answering Defendant did not fail to make timely withdrawal of this payment. Sufficient funds were available for withdrawal by the Plaintiff. 6. The Answering Defendant admits that the mortgage obligation is in default, but does not admit to being the cause of said default. Plaintiff has failed to make the necessary payment withdrawals on a monthly basis and had caused the default in retrospect. Defendant provided the Plaintiff with the required forms to have the monthly mortgage payments automatically withdrawn from his checking account beginning in December 2001. Mortgage would not be in default had the Plaintiff not failed to automatically deduct the monthly amounts of $916.32. Sufficient funds have been available for each monthly payment for the entire period cited in paragraph 5. 7. The Answering Defendant has no knowledge, information and belief, that the figures recited by the Plaintiff in its verified Complaint in Mortgage Foreclosure are accurate and does not admit to the accuracy or correctness of the sum. 8. The Answering Defendant's has no knowledge as to the accuracy as to whether Act 6 of 1974 applies to mortgages initially made in the amount of Fifty Thousand ($50,000) Dollars. 9. The Answering Defendant acknowledges that the initial amount of the mortgage upon which this foreclosure action is predicated was made in the initial amount of Sixty Five Thousand and 00/100 ($65,000.00) Dollars. 10. The Answering Defendant has no knowledge as to the applicability as to whether Act 91 of 1983 35 P.S. § 1840.401C merely requires Defendant be sent notices in accordance with the ACT without requiring actual receipt of those notices. IN SUMMARY, the Defendant, JAY ARTHUR FISHER a/k/a JAY A. FISHER, is requesting the Court to allow the Defendant to settle the account with the Plaintiff. The Defendant also is requesting the Court not to enter judgment in favor of the Plaintiff, and to grant the Defendant a Stay of Foreclosure. Respectfully submitted, Pro se: Dated: JAY ARTHUR FISHER, Defendant CERTIFICATION I, Jay Arthur Fisher, hereby certify that my statements, as made in the written response, are truthful and that, to the best of my knowledge, accurate as to fact. I ALSO UNDERSTAND THAT FALSE STATEMENTS HERE1N ARE MADE SUBJECT TO PENALTIES OF 18 PA C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Dated: December 20, 2002 ~ER Defendant, pro se Jay A. Fisher 10akwood Avenue Mechanicsburg, PA 17055 Defendant MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent, CENLAR, F.S.B., Plaintiff, Vo JAY ARTHUR FISHER a/k/a JAY A. FISHER, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 02-4027 Civil Term CD DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS AND INTERROGATORIES 1. The Answering Defendant admits that he is the same individual who executed a Note to Colonial Mortgage Service Company on June 24, 1985 in the amount of Sixty Five Thousand dollars and 00/100 ($65,000.00) Dollars. 2. The Answering Defendant admits that he is the same individual who executed a Mortgage to secure the above described Note on Colonial Mortgage Service Company on June 24, 1985 in the amount of Sixty Five Thousand dollars and 00/100 ($65,000.00) Dollars. 3. The Answering Defendant admits that the above described Note is secured by a Mortgage on real property situated at 10akwood Avenue, Township of Upper Allen, Cumberland County, in the Commonwealth of Pennsylvania. 4. The Answering Defendant has not failed to provide to timely make each and every monthly payment due and owing on the obligation which is the subject of this mortgage foreclosure action. The Plaintiff has failed to timely withdraw automatically, as provided in the Plaintiff's own form submitted to the Plaintiff by the Answering Defendant, and to which the Plaintiff has acknowledged receipt, each and every monthly payment due. Defendant attaches copy of notes from a conversation with representative of the Plaintiff (Exhibit A), acknowledging the receipt of the" Automatic Payment form" from the Defendant. Defendant also attaches copy of email sent to this representative confirming the conversation (Exhibit B). 5. (a)-(1) The Plaintiff failed to make the automatic monthly withdrawal due and payable on December 9, 2001 and all subsequent dates listed in the Response for Admissions, which the defendant had authorized. The Answering Defendant did not fail to make timely withdrawal of the above mentioned payments. Sufficient funds were available to the Plaintiff for said withdrawal. The defendant can authorize the Plaintiff to call the Banking Institution in question to ascertain whether there were sufficient funds on each of those dates in question provides balance statement indicating sufficient funds available and that Plaintiff did not with draw the required monies. 6. The Answering Defendant admits that the mortgage obligation is in default in retrospect, but does not admit to being the cause of said default. Plaintiff has failed to make the necessary payment withdrawals on a monthly basis and is the cause this default. Defendant provided the Plaintiff with the required forms to have the monthly mortgage payments automatically withdrawn from his checking account beginning in December 2001. Mortgage would not be in default had the Plaintiff not failed to automatically deduct the monthly amounts of $916.32. Sufficient funds have been available for each monthly payment for the entire period cited in paragraph 5. See paragraph 5. 7. The Answering Defendant has no knowledge, information and belief, that the figures recited by the Plaintiff in its verified Complaint in Mortgage Foreclosure are accurate and does not admit to the accuracy or correctness of the sum. Therefore the he has no supporting documents which can confirm or refute the accuracy or correctness of the sum. 8. The Answering Defendant's has no knowledge as to the accuracy as to whether Act 6 of 1974 applies to mortgages initially made in the amount of Fifty Thousand ($50,000) Dollars. Therefore the Defendant has no supporting documents which can confirm or refute the accuracy or correctness of the sum. 9. The Answering Defendant acknowledges that the initial amount of the mortgage upon which this foreclosure action is predicated was made in the initial amount of Sixty Five Thousand and 00/100 ($65,000.00) Dollars 10. The Answering Defendant has no knowledge as to the applicability as to whether Act 91 of 1983 35 P.S. § 1840.401C merely requires Defendant be sent notices in accordance with the ACT without requiring actual receipt of those notices. Therefore the Defendant has no supporting documents which can confirm or refute this. 11. (a) The principal balance is correct. (b) The Defendant argues that there should be no accrued interest beyond that set forth in the orginal mortgage schedule. Additional interest due to Plaintiff's failure to automatically withdraw the monthly payments should not be considered. (c) The Defendant argues that there should be no late charges due to the Plaintiff's failure to automatically withdraw the monthly payments. This is the Plaintiff's failure and late charges should not be considered. (d) The Defendant argues that there should be no inspection fees as due to the Plaintiff's failure to automatically withdraw the monthly payments. This is the Plaintiff's failure and inspection fees should not be considered. (e) The Answering Defendant's has no knowledge as to the accuracy documents at this time which can confirm or refute the accuracy or as to whether these figures are accurate. Therefore the Defendant has no supporting correctness of the sum. (f) The Answering Defendant's has no knowledge as to the accuracy of these fees at this time and cannot confirm or refute the accuracy or as to whether these figures are accurate. Therefore the Defendant has no supporting documents as to correctness of these sums. (g) The Answering Defendant's has no knowledge as to the accuracy or reasonableness of these fees at this time and cannot confirm or refute the accuracy or as to whether these figures are accurate. Therefore the Defendant has no supporting documents as to correctness or reasonableness of these sums. 12. The Defendant understands that the Plaintiff wanted an explanation as to why the Defendant does not think the Plaintiff is entitled to the attorneys' fees. Liabilities have not been established and, to the best of the Defendant's knowledge, the Defendant maintains that the Defendant did his best to pay the Mortgage on time while traveling overseas. It was the Plaintiff's bureaucracy which made it cumbersome for the Mortgagee, in this case the Defendant, to fulfill his obligation. The Defendant did his best to make arrangements for automatic withdrawals and the Plaintiff did not withdraw the monthly sums. The Plaintiff wanted to assess miscellaneous fees in arrears and attorneys' fees in conjunction with the Mortgage sum due. This is double jeopardy and the Defendant protests to the methods of assessments. The Plaintiff did not wish to cooperate and to make it easier for the Defendant to oblige under the terms of the Mortgage Agreement. Hence, the Defendant is asking the Court for a settlement of this issue. 13. The Defendant did not allege that the Plaintiff refused to accept monies to reinstate or pay-off the subject mortgage account. The Defendant simply stated that the Plaintiff did not make the authorized monthly withdrawals. 14. To the Defendant's knowledge no documents are being withheld from production. The Defendant does not fully understand the presumptuous statement made herein by the Plaintiff. 15. See attached verification. Defendants Response to Request for Production 1. None presented. 2. None presented. 3. None presented. 4. None presented. 5. None presented. 6. None presented. 7. None presented. 8. None presented. 9. None presented. 10. None presented. 11. Not applicable. 12. Not applicable. 13. None presented. 14. Not applicable. 15. Not applicable. 16. 17. This was the responsibilities of the Plaintiff through escrow account. This was the responsibilities of the Plaintiff through escrow account. 18. Not applicable. 19. 20. Please understand that the issue at stake concerns a lawsuit initiated by the Plaintiff asking the Court for a Mortgage Disclosure. THE HEART OF THE MATTER IS NOT CONCERNING THE PRIVATE LIFE OF THE DEFENDANT IN THIS CASE. WHAT THE PLAINTIFF IS REQUESTING IN THIS PARAGRAPH REFLECTS A DEMAND FOR PRIVATE INFORMATION CONCERNING THE DEFENDANT'S TRIP. FACTS ARE VERIFIABLE AND THE PLAINTIFF WILL TESTITFY UNDER OATH THAT THE PLAINTIFF WAS OUT OF THE COUNTRY FROM MID-NOVEMBER OF 2001 UNTIL EARLY JUNE OF THIS YEAR. None presented. This can be verified upon written request to the Bank from the Plaintiff and written authorization from the Defendant. IN SUMMARY, the Defendant, JAY ARTHUR FISHER aJk/a JAY A. FISHER, is requesting the Court to allow the Defendant to settle the account with the Plaintiff. The Defendant also is requesting the Court not to enter judgment, in favor of the Plaintiff, and to grant the Defendant a Stay of Foreclosure. Respectfully submitted, JAY ARTHUR FISHER, Defendant Pro se: Dated: CERTIFICATION I, Jay Arthur Fisher, hereby certify that my statements, as made in the written response, are truthful and that, to the best of my knowledge, accurate as to fact. I ALSO UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO PENALTIES OF 18 PA C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Dated: December 20, 2002 ~ISHER Defendant, pro se THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / ID No. 53002 Kristen J. DiPaolo, Esquire / ID No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent, Cenlar, F.S.B., Plaintiff, Vo JAY ARTHUR FISHER a/k/a JAY A. FISHER, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-4027 CERTIFICATE OF SERVICE I, Barbara A. Fein, Esquire, Attorney for Plaintiff, Mortgage Electronic Registration System, Inc., By and through its Loan Servicing Agent, Cenlar, F.S.B., hereby certify that I have served a true and correct copy of the Motion for Summary Judgment, together with the supporting Memorandum of Law and proposed form of Order by regular mail, postage pre-paid, having mailed same on this date, May 5, 2003, to: Jay Arthur Fisher 10akwood Avenue Mechanicsburg, PA 17055-4730 THE LAW OFFICES OF BARBARA~ Barbara A Fein, EsqUire Attorney for Plaintiff P.C.: THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein / I.D. No. 53002 Kristen J. DiPaolo / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff File No. 02-7627 Loan No. 0010782035 MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent, Cenlar, F.S.B., Plaintiff, Vo JAY ARTHUR FISHER a/k/a JAY A. FISHER, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-4027 AFFIDAVIT OF SERVICE ,2003. Sworn to before me this / ary Public I Not~u'i~l Se~l THE LAW OFFICES OF BARBARA A. FEIN, P.C. ,~t E. Brook~, ' to Paralegal L/Barbara A. Fein, Esquire Attorney for Plaintiff I, Janet E. Brooks, Paralegal to Barbara A. Fein, Esquire, Attorney for the Plaintiff, Mortgage Electronic Registration System, Inc., By and Through its Loan Servicing Agent, Cenlar, F.S.B., hereby certify that I have served a true and correct copy of the Motion for Alternate Service on the Defendant, Jay Arthur Fisher a/k/a Jay A. Fisher, on May 5, 2003, by certified mail, postage pre-paid and certificate of regular mail, and as evidenced by the mailing receipts, originals of which are attached hereto. rtl u'3 Postage [--- Certified Fee 1::3 Return Receipt Fee ~- (Endorsement Required) I~ Restricted Delivery Fee r'~ (Endorsement Required) Total Postage & Fees Lr) Postmark Here U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE--POSTMASTER Received From: THE L/~W OFFICE 01; BARBARA A. FEIN RC. FORT WASHINGTON, PA 19034 One piece of ordinary mail addressed to: Jay Arthur Fisher 10akwood Avenue -- Mechanicsburg, PA 17055-4730 Affix fee here in starches or meter postage and post mark. Inquire of Postmaster for current fee. PS Form 3817, Mar. 1989 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein / I.D. No. 53002 Kristen J. DiPaolo / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff File No. 02-7627 Loan No. 0010782035 MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent, Cenlar, F.S.B., Plaintiff, JAY ARTHUR FISHER a/k/a JAY A. FISHER, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-4027 AMENDED AFFIDAVIT OF SERVICE I, Janet E. Brooks, Paralegal to Barbara A. Fein, Esquire, Attorney for the Plaintiff, Mortgage Electronic Registration System, Inc., By and Through its Loan Servicing Agent, Cenlar, F.S.B., hereby certify that I have served a tree and correct copy of the Motion for Summary Judgment, on the Defendant, Jay Arthur Fisher a&/a Jay A. Fisher, on May 5, 2003, by certified mail, postage pre- paid, as evidenced by the return receipt executed by the Defendant, Jay Fisher, as evidenced by the mailing receipt signed for by the defendant on May 20, 2003, originals of which is attached hereto. THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Sworn to before m~ [~ [ ~ day ofk~~, 2003. ~,~ ary Public J Notarial Seal e~lca Ivl~Vittle, Not~y Public I Oe_r Dull. in ywp._, Montgome~ County I ~ uommlss~on expires Jan. 11, Ja~E~ Brooks~7, Par~alegal to Bl~6ara A. Fein, Esquire Attorney for Plaintiff Jay Arthur Fisher l Oakwood Avenue Mechanicsburg, PA 17055-4730 PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent. Cenlar, F.S.B., Plaintiff; VS. JAY ARTHUR FISHER a/k/a JAY A. FISHER, Defendant(s). No. 02-4027 State matter to be argued (i.e., plaintitl's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Summary Judgment in a Civil Action under Mortgage Foreclosure Identity cottnsel who will argue case: (a) For Plaintiff: Address: (b) For Defendant: Address: 4. Dated: July 24, 2003 Barbara A. Fein, Esquire The Law Offices of Barbara A. Fein, P.C. 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 Phone: (215) 653-7450 / Fax: (215) 653-7454 Jay Arthur Fisher a/k/a Jay A. Fisher, Pro Se 10akwood Avenue Mechanicsburg, PA 17055-4730 I will notify all parties in writing within two days that this case has been listed for argument. Argument Court Date Requested: August 27, 2003 THE LAW OFFICES OF BARBARA A. ~I~IN, P.C. 7 Barbara A. Fein, Esquire Attorney lbr the Plaintiff Attorney I.D. No. 53002 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein / I.D. No. 53002 Kristen J. DiPaolo / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent, Cenlar, F.S.B., plaintiff, JAY ARTHUR FISHER a/k/a JAY A. FISHER, Defendant. File No. 02-7627 Loan No. 0010782035 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-4027 AFFIDAVIT OF SERVICE I, Janet E. Brooks, Paralegal to Barbara A. Fein, Esquire, .Attorney for the Plaintiff Mortgage Electronic Registration System, Inc., By and through its Loart Servicing Agent, Cenlar, F.S.B., hereby certify that I have served a true and correct copy of the time-stamped Praecipe for Oral Argument, on the Defendant, Jay Arthur Fisher a/k/a Jay A. Fisher on August 1, 2003, by certified mail and certificate of regular mail, postage pre-paid, as evidenced by the return receipts which are attached hereto. Sworn to before me this qf/t_ . day of ~, Publi THE LAW OFFICES OF BARBARA A. FEIN, P.C. At E. Brooks, paralegal to q3drbara A. Fein, Esquire Attorney for Plaintiff 2003. ERV&CE CERTIFICATE OF MAILING I~hp~e~ps MAY BE USED FOR D ~ ~1 ~°oSs~nfe~ster for ~b~b~t OMESTIC AND INTERNATIONAL MAIL, DOES NO ~ - ' PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Arlzument Court. COPY CAPTION OF CASE MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Smwicing Agent. Cenlar, F.S.B., VS. Plaintiff, JAY ARTHUR FISHER a/k/a JAY A. FISHER, Defendant(s). No. 02-4027 State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Summary Judgment in a Civil Action under Mortgage Foreclosure 2. Identity counsel who will argue case: Ia) For Plaintiff: Address: Barbara A. Fein, Esquire The Law Offices of Barbara A. Fein, P.C. 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 Phone: (215) 653~7450 / Fax: (215) 653-7454 For Defendant: Address: Jay Arthur Fisher a/k/a Jay A. Fisher, Pro Se 10akwood Avenue Mechanicsburg, PA 17055-4730 3. I xvill noti(v all parties in writing within two days that this case has been listed for m. gument. Dated: .luly 24. 2003 Argument Court Date Requested: August 27, 2003 THE LAW OFFICES C,F BARBARA/IN, P.C. Barbara A. Fein. Esquir Attorney for the Plaintiff Attorney I.D. No. 53002 MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent, Cenlar, F.S.B., Plaintiff V, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAY ARTHUR FISHER a/k/a JAY A. FISHER, Defendant NO. 02-4027 CIVIL TERM RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT O~ER OF COURT upon consideration of Plaintiff's Motion for Summary Judgment and the Memorandum of Law submitted in support thereof, IT IS ORDERED that Plaintiff's Motion is GRANTED. Judgment in rem is hereby entered in favor of the Plaintiff and against the Defendant in the amount of $70,312.30. Interest is to be added to this judgment in rem and will be calculated at the per diem rate of $17.27 for each day after August 31,2003, through the date of judgment. By the Court, Barbara A. Fein, Esquire The Law Offices of Barbara A. Fein, P.C. 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 For the Plaintiff ~ Jay AdhurFisher I Oakwood Avenue Mechanicsburg, PA 17055-4730 De~ndant THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein / I.D. No. 53002 Kxisten J. DiPaolo / I.D. No. 79992 425 Commerce Drive, Suite I00 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff File No. 02-7627 Loan No. 0010782035 MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent, Cenlar, F.S.B., Plaintiff, JAY ARTHUR FISHER aJk/a JAY A. FISHER, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-4027 PRAECIPE TO ENTER SUMMARY JUDGMENT ORDER Kindly enter the Summary Judgment Order of The Honorable, George E. Hoffer, P.J., dated November 3, 2003, assessing judgment in rem in the mount of $70,312.30 in favor of Plaintiff, Mortgage Electronic Registration System, Inc., By and Through its Loan Servicing Agent, Cenlar, F.S.B., and against the Defendant, Jay Arthur Fisher a/k/a Jay A. Fisher. The Court Order is appended hereto and incorporated herein as Exhibit "A". THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. 53002 MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent, Cenlar, F.S.B., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAY ARTHUR FISHER a/k/a JAY A. FISHER, Defendant NO. 02-4027 ;IVIL TERM RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT O~ER OF COURT consideration of Plaintiff's Motion for Summary Judgment and the Memorandum of Law submitted in support thereof, IT IS ORDERED that Plaintiff's Motion is GRANTED. Judgment in rem is hereby entered in favor of the Plaintiff and against the Defendant in the amount of $70,312.30. Interest is to be added to this judgment in rem and will be calculated at the per diem rate of $17.27 for each day after August 31,2003, through the date of judgment. By the Court, ~ ' G~ ,,g*¢ Voffor, P?j. Barbara A. Fein, Esquire The Law Offices of Barbara A. Fein, P.C. 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 For the Plaintiff Jay Arthur Fisher 10akwood Avenue Mechanicsburg, PA 17055-4730 Defendant OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CURT LONG, PROTHONOTARY TO: Jay Arthur Fisher a/k/a Jay A. Fisher Oakwood Avenue, Mechanicsburg, PA 17055-4730 MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent, Cenlar, F.S.B., Plaintiff, JAY ARTHUR FISHER a/k/a JAY A. FISHER, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-4027 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hm'eby notified that a judgment has been entered against you in the above captioned proceeding as indicated below. CURT LONG, PROTHONOTARY [XX] Summary Judgment entered IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: BARBARA A. FEIN, ESQUIRE AT (215) 653-7450. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent, Cenlar, F.S.B., Plaintiff, COURT OF COMMON PLEAS NO. 02-4027 JAY ARTHUR FISHER a/k/a JAY A. FISHER, Defendant(s). PRAECIPE TO ISSUE WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter, directed to the Sheriff of Cumberland County, against Jay Arthur Fisher aAc/a Jay A. Fisher, Defendant(s), and real property situated at 1 Oakwood Avenue, Township of Upper Allen, Cumberland County, Pennsylvania 17055-4730. AMOUNT DUE INTEREST FROM November 3, 2003 Through June 9, 2004 SUBTOTAL COSTS TO BE ADDED $70,312.30 2,485.40 $72,797.70 THE LAW OFFICES OF BARBARAff. FEIN, P.C. / Barbara A. Fein, Esquiref Fort Washington, PA 19034 (215) 653-7450 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-4027 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC., BY AND THROUGH ITS LOAN SERVICING AGENT, CENLAR, F.S.B., Plaintiff (s) From JAY ARTHUR FISHER A/KJA JAY A. FISHER, (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 $70,312.30 L.L. Interest FROM 11/3/03 THROUGH 6/9/04 - $2,485.40 Atty's Comm % Due Prothy $1.00 Atty Paid $109.40 Other Costs Plaintiff Paid Date: MARCH 2, 2004 (Seal) REQUESTING PARTY: Name BARBARA A. FEIN, ESQUIRE Address: 425 COMMERCE DRIVE, SUITE 100 FORT WASHINGTON, PA 19034 Attorney for: PLAINTIFF Telephone: 215-653-7450 Supreme Court ID No. 53002 CURTIS R. LONG Prothonotary Deputy THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff File No. 02-7627 MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent, Cenlar, F.S.B., Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-4027 JAY ARTHUR FISHER a/kJa JAY A. FISHER, Defendant. AFFIDAVIT UNDER PA. RCP RULE 3129 Mortgage Electronic Registration System, Inc., By and through its Loan Servicing Agent, Cenlar, F.S.B., Plaintiffin the above captioned mortgage foreclosure 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 10akwood Avenue, Mechanicsburg, Township of Upper Allen, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. 1. Name and address of each Owner and/or Reputed Owner: Jay Arthur Fisher a/kJa Jay A. Fisher 10akwood Avenue Mechanicsburg, PA 17055-4730 Name and address of each Defendant named in the judgment: Jay Arthur Fisher a/k/a Jay A. Fisher 10akwood Avenue Mechanicsburg, PA 17055-4730 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: None. Name and address of the last recorded holder of every mortgage of record: Mortgage Electronic Registration System, Inc., By and through its Loan Servicing Agent, Cenlar, F.S.B., Plaintiff 425 Phillips Boulevard Ewing, NJ 08618 Name and address of every other person or entity which has any record lien on the property: None Name and address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17103 Upper Allen Township Sewer Advisory Board 100 Gettysburg Pike Mechanicsburg, PA 17055 Pennsylvania-American Water Co. 852 Wesley Drive Mechanicsburg, PA 17055 Marlin A. Yohn, Sr., Tax Collector 1 O0 Gettysburg Pike Mechanicsburg, PA 17055 Name and address of every other person of whom the Plaintiffhas knowledge who may have an interest in the property which may be affected by the sale: Tenant/Occupant 10akwood Avenue Mechanicsburg, PA 17055-4730 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Commonwealth of Pennsylvania Department of Revenue Inheritance Tax Division Bureau of Compliance ATTN: Jeff Griffin, Esquire Department #280946 Harrisburg, PA 17128 The Internal Revenue Service Special Procedures Branch Federated Investors Tower Thirteenth Fl., Suite 1300 1001 Liberty Ave. Pittsburgh, PA 15222 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: December 22, 2003 THE LAW OFFICES OF BARBARA A. FEIN,/P//d2. · Fein, Esquire // Attorney for Plaintiff // Attorney I.D. No. 53002 ~/ THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff File No. 02- 762 7 MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent, Cenlar, F.S.B., Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-4027 JAY ARTHUR FISHER a/k/a JAY A. FISHER, Defendant. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Jay Arthur Fisher aJk/a Jay A. Fisher 10akwood Avenue Mechanicsburg, PA 17055-4730 Your house at 10akwood Avenue, Township of Upper Allen, Cumberland County, Pennsylvania is scheduled to be sold by the Cumberland County Sheriffs Department on June 9, 2004 at the Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania, to enforce the Court judgment of $70,312.30 obtained byPlaintiff, Mortgage Electronic Reg/stration System, Inc., By and through its Loan Servicing Agent, Cenlar, F.S.B., against you. NOTICE OF OWNERS' RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. This sale will be canceled if you pay to Plair~tiff Mortgagee the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call Jessica McVittie at (215) 653-7450. 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 below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN 1F 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 Jessica McVittie at (215) 653-7450, or by calling the Cumberland County Sherif£s Department at (717) 240-6390. 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 bid in the sale. To find out if this has happened, you may call Jessica McVittie at (215) 653-7450, or by calling the Cumberland County Sherif£s Department at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Cumberland County Sheriff, you will remain the owner of the property as if the sale had never happened. 5. You have the fight to remain in the property until the full amount due is paid to the Sheriffand the Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Cumberland County Sheriff on or about thirty (30) days fi'om the date of Sher/ft's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution sheet is posted. 7. You may also have other rights and defenses, or ways of getting your house 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROV1DE 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 Court Administrator 4th Floor Cumberland Cmmty Court House 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 ~f Ugper ~iien, County of Cumberland and Sua=~.sf ~ennsylvania, ]~Gi~NING at a wide), which s~id Doint ia ~ th~ division l!~e ~e~we~n L~S Nos. =aid westerly line of Oakwcod Avenue (40.71) feet =ea point; thence continuing alo~9 said wezter!y line cf Oakwood Avenue (40 feet wide) in a northerly direction alcnq =he radius of eighty (~1 feet, ~h~ arc distance ~f.eixty-~e~en and fifty-nin~ one-h~dre~ths-(67.59) feet to e ~oin~; ~henco Scu~h nine one-hundredths line of lands now or late of ~aul Balsh and ~en~amin to a point in ~h~ division line between Lots Nos. 7 and 8, afore- mentioned; =hence alonq the division line between Lots Nos. 7 and to a pein~ io the westerly llne of Oakwocd Avenue (40 feet wide), aforementioned, at the poinZ and ~lace of B~INNING. BEING Let ~o. 7, ~lo=k "A," in the ~lan o~ Lots k~own 'T~RCROPT" which ~aid Plan of Lots is recorded in I~VIN~ there~n steered a one story brick, ranch type c[weIling hcu~e~ numbered 10akwoo~ A¥onuu, Mechanicsbur~, Penn:lylvan£a. Nec~rdor cf Deeds in an~ for Cumberland Chunky, ~enn~ylvania, in Doed DoCk S, Volume 24, Page 84S, granted and conv~yed u~to Mortgage Electronic Registration Systems, In The Court of Common Pleas of Inc. by and through its Loan Servicing Cumberland County, Pennsylvania Agent, Cenlar, F.S.B. Writ No. 2002-4027 Civil Term VS Jay Arthur Fisher a/k/a Jay A. Fisher R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Barbara Fein. Sheriff's Costs: Docketing 30.00 Poundage 1420.99 Posting Bills 15.00 Advertising 15.00 Prothonotary 1.00 Mileage 13.80 Levy 15.00 Surcharge 20.00 Postpone Sale 20.00 Law Journal 363.05 Patriot News 347.89 Share of Bills 29.26 $2290.99 paid by attorney 07/06/04 Swom and subscribed to before me This __~t~ day of ~ 2004, A.D. ~/~' ! Prothonotary So Answers: R. Thomas Kline, Sheriff Real Es~te Deputy ~ 1~3~?° THE LAW OFFICES OF BARBARA A. FEINt, P.C. Barbara A. Fein / I.D. No. 53002 Kristen J. DiPaolo / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff File No. 02-7627 Loan No. 0010782035 MORTGAGE ELECTRONIC REGISTRATION SYSTEM, be., By and Through its Loan Servicing Agent, Cenlar, F.S.B., Plaintiff, JAY ARTHUR FISHER a/k/a JAY A. FISHER, Defendant. COURT 0]7 COMMON PLEAS CUMBERLAND COUNTY NO. 02-4O27 PRAECIPE TO MARK JUDGMENT SATISFIED TO THE PROTHONOTARY: Kindly mark satisfied the judgment entered in the above captioned mortgage foreclosure action. June 15, 2004 THE LAW OFFICES OF BAILBARA/FEIN, P.C. bara A. Fein, EsqUire//' Attorney for Plaintiff [ Attorney I.D. No. 53002/ THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein / I.D. No. 53002 Kristen J. DiPaolo / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff File No. 02-7627 Loan No. 0010782035 MORTGAGE ELECTRONIC REGISTRATION SYSTEM, Inc., By and Through its Loan Servicing Agent, Cenlar, F.S.B., Plaintiff, Mo JAY ARTHUR FISHER a/k/a JAY A. FISHER, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-4027 PRAECIPE TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARy: Kindly mark the above referenced matter settled, discontinued and ended without prejudice to Plaintiff. June 15, 2004 THE LAW OFFICES OF BARBARA/. bara A. Fein, Esquir- e [ Attorney for Plaintiff / Attorney I.D. No. 53002 / FE1N, p.C.