HomeMy WebLinkAbout00-01033
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FEDERMAN AND PHELAN
By: FRAJ{KFEDERMAN,ESQUIRE
IDENTIFICATION NO. 12248
TWO PENN CENTER PLAZA, SUITE 900
PHILADELPHIA, PA 19102
(7 1~) ~n,-7000
ATTORNEY FORPLAlliTWF
COURT OF COMMON PLEAS
CIVIL DIVISION
CENDANT MORTGAGE CORPORATION,
F/KIA PIDI MORTGAGE SERVICES CORPORATION
6000 ATRIUM WAY
MOUNT LAUREL, NJ 08054
TERM
v.
NO. -<000 - 10J,3
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Plaintiff
CUMBERLAND COUNTY
JOHN W. SHEAFFER
SHIRLEY M. SHEAFFER
501 STEELSTOWN ROAD
NEWVILLE, P A 17241
Defendant( s)
CTVTf. ACTTON - T,AW
MORTGAGR 1I0RlI,Cf.OSTTRR
NOTTCR
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT
A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
You have been sued in Court If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and ajudgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE. W YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
Loan #: 9897661
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L Plaintiff is
CENDANT MORTGAGE CORPORATION,
FIKIA PHH MORTGAGE SERVICES CORPORATION
6000 ATRIUM WAY
MOUNT LAUREL, NJ 08054
2. The name(s) and last known addressees) of the Defendant(s) are:
JOHN W. SHEAFFER
SillRLEY M. SHEAFFER
SOl STEELSTOWN ROAD
NEWVILLE, P A 17241
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 8/28/97 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the
Recorder of CUMBERLAND County, in Mortgage Book No. 1402, Page 833.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 10/1/99 and each month thereafter are due and unpaid, and by the terms of
said mortgage, upon default in such payments for a period of one month, the entire
principal balance and all interest due thereon are collectible forthwith.
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6. The following amounts are due on the mortgage:
Principal Balance
Interest
9/1/99 through 2/1/00
(Per Diem $20.21)
Attorney's Fees
Cumulative Late Charges
8/28/97 to 2/1/00
Cost of Suit and Title Search
Subtotal
Escrow
Credit
Deficit
Subtotal
TOTAL
$98,385.64
2,485.83
4,000,00
252.45
.llQJlQ
105,673.92
0.00
1il.62
1il.62
$105,744.54
7. The attorney's fees set forth above are in conformity with the Mortgage documents and
Pennsylvania Law, and will be collected in the event of a third party purchaser at
Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees
will be charged.
8. This action does not comeunder Act 6 of 1974 because the original mortgage amount
exceeds $50,000.00.
WHEREFORE, PLAlNTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$105,744.54, together with interest from 2/1/00 at the rate of $20.21 per diem to the date of
Judgment, and otller costs and charges collectible under the mortgage and for the foreclosure and
sale of the mortgaged property.
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FRJV{KFEDE~N,ESQU]RE
Attorney for Plaintiff
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AI,r.. thnt certain lr'8ct or parcel orla.nd tog€:ther with the impro\lertl~lllS lhc:rcoll
eonSl rueled or creCleu, situllte in North Newlon Township~ Cumberland C',)Ullly, Pell/lsylvllnia,
more p~rtictl[arly bounded and described in accordance with a survey dated August 21. IlJc)7, by
Eric. L. DifT'elll.u1ugh. prnfessional hwd Sllrveyor. as follows. to wi!;
.BEGINNING at ll. point at the centerline of SR 4006 (Steels:town Road) ill an e:<istin!;l
n1l.ccn (1 $) foot gravel CarOllane at lands now or formerly of Robert N, and Joanlll!l M.
Zil1lmel'fJ1.Qn~ thence along lands now or formerly of Roben 'N. <lnd Joanne M. ZinUHCl'l1mn. Nt)["th
eight (OS) deu-rees twenty-nine (29) minutes twenty (20) i'teconds E<lSl~ a dislance ot' two hundno;d
thil'lcen and fifty-seven hundredth::! (213.57) reet to a point at rhe eastern edge of said fil1ccn ([ 5)
fool g,l'o......eI farmlane~ thence continuing .along; lands now or formedy of Robert N, and Jo-annc \'Vt
~immennan. North eishty.seven (87) degrees forty-seven (47) minutes thirty-one (3]) seconds
East. B. djstance of three hundred ninety-one and siMy.one hundredths (391.61) feet to a po;nt III
landl:> noW or IOJ'lT\crly or Chester L, BUr'kett; thence alonp; said. lands now or tbnlH'~r1y of Chester
L Bllrk~t[. South eight (08) degr'ees eight (08) minutes thirty-live (35) seconds West. a distflnce
orlwO hundred fifly-tive and seventy..one hundredLhs (25S.71) feet to 1;\ point at centerline or
ilrOI'cmef\!iofl(.!d SR 4006 (SleelstO'\Nll Road); then'cle along snid celllerlille. Nonh cigl1ty-eight PH~)
uegrec.s Qlle (0 I) n,inule tifteen (l S) seconds West. a distance of olle hundred thirty-Jive and
lievcnly-,!levcl1 (135.77) feeL \,0 it paint; thence along ~iltTle. North cighty-eight (8~)'cJcgrees Y..~l'O
(00) minlJtcs lwellry.eight (28) seconds West, a distance aftwo hundred five nl1d thirty-livl.:
hundredlhS (205.35) feel 10 a P9int; thence remaining in the bed oflhc said ::::R 4006 SteelSlown
I'-Olld, North eight (08) degrees nny-one (5 I) n\inllle~ sevenleCII (17) secnl'd.s {;:<I$t, u diSlance or
rom and ~ix.lY~!ievcn hundredths (4.67) feet to a point: thence F1long .same, ~or'th sev:nt):-seven~
(77) degrees twenty-four (24) ll\inutes twenty-three (23) second.s \.vC::it, it clistnncc of fOltY-l'ievl.:n
und nny_tleven hundredths (47,~....;) feet to the poinT and place ofIU!;(;INNlNC.
CONTAINING 2 AC:I'cs. 100 Perches, more Or' less.
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BEING the smne PI'Operty which Ray A. Halteman and Linda K. HalLen1an, husbgnd and
wire, by deed dated July 01. 1986~ and recorded July 03, 1986, in Cumberland C(]U~llY Deed
Book "Z", Yolui;ne 31, Page 933, granted and conveyed to Ray A, Halternan and LllIdn: K_
H::Ihel'nan~ husband and wife, Grantors herein_
AND the snfd Grantors covenant and agree that they will warrant .;peciaily [he- propt:;rty
hereby eon"cyed.
IN WITNESS WHEREOF'. said Grantors have hereLlnto set their hands and seals the
day and yttB.r firsl above written_
PREMISES:
501 STEELSTOWN ROAD
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VERIFICATION
MARC HINKLE hereby states that he is VICE PRESIDENT of CENDANT MORTGAGE
SERVICES mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this
Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true
and correct to the best of her knowledge, information and belief. The undersigned understands that this
statement is made subject to the penalties of 18 Pa. C.S. Sec, 4904 relating to unsworn falsification to
authorities,
frb.t7LIJ
DATE: h)-13-0 CJ
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FEDERMAN AND PHELAN
Suite 900
Two Penn Center Plaza
Philadelphia, P A 19102
(215) 563-7000
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-01033 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CENDANT MORTGAGE CORPORATION
VS
SHEAFFER JOHN W ET AL
DAWN KELL
, Sheriff or Deputy Sheriff of
Cumberland County, Pensylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
SHEAFFER JOHN W
the
DEFENDANT
, at 0016:50 HOURS, on the 1st day of March
, 2000
at 501 STEELSTOWN ROAD
NEWVILLE, PA 17241
by handing to
SHIRLEY SHEAFFER
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTI CE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So
Answ~ ~!
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18.00
8.68
.00
10.00
.00
36.68
R. Thomas Kline
03/02/2000
FEDERMAN & PHELAN
Sworn and Subscribed to before
me this :l <{ ~ day of
By:
C0<Um\ ~. ilL
Deputy Sheriff
~ ~nril A.D.
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P othonotary .
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-01033 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CENDANT MORTGAGE CORPORATION
VS
SHEAFFER JOHN W ET AL
DAWN KELL
, Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
SHEAFFER SHIRLEY M
the
DEFENDANT
at 0016:50 HOURS, on the 1st day of March
2000
at 501 STEELSTOWN ROAD
NEWVILLE, PA 17241
by handing to
SHIRLEY SHEAFFER
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTICE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So
A;;~~l"
6.00
.00
.00
10.00
.00
16.00
R. Thomas Kline
03/02/2000
FEDERMAN & PHELAN
Sworn and Subscribed to before
By:
\J<illYl\ ~. \kJL
Deputy Sheriff
me this
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FEDERMAN AND PHELAN
By: FRANK FEDERMAN
Identification No. 12248
One Penn Center at Suburban Station
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Attorney for Plaintiff
CENDANT MORTGAGE
CORPORATION, FIKIA PHH
MORTGAGE SERVICES
CORPORATION
6000 ATRIUM WAY
MOUNT LAUREL, NJ 08054
Plaintiff
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: NO. 2000-1033
VS.
JOHN W. SHEAFFER
SHIRLEY M. SHEAFFER
501 STEELSTOWN ROAD
NEWVILLE, P A 17241
Defendant(s)
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO mE PROTHONOTARY;
Kindly enter judgment, in rem, in favor of the Plaintiff and against JOHN W. SHEAFFER
and SHIRLEY M. SHEAFFER, Defendant(s), for failure to file an Answer to Plaintiffs
Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged
premises, and assess Plaintiffs damages as follows:
As set forth in Complaint
Interest 2/1/00 to 3/27/01
$105,744.54
$8,488.20
TOTAL
$114,232.74
I hereby certifY that (I) the addresses of the Plaintiff and Defendant(s) are as shown above,
and (2) notice has been given in accordance with Rule 237.1, copy attached.
?N41- 'i~~
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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DAMAGES ARE HEREBY ASSESSED AS INDICATED. . ~
DATE: fYl:::!l'JrL .:let: UX) r (J-lfi*.J?
PRO PRO
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUYfCY AND THIS DEBT WAS
NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT
A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
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FEDERMAN AND PHELAN, L.L.P.
F~ank Federman, Esquire
Identification No. 12248
One Penn Center Plaza at
Suburban Station, Suite 1400
Philadelphia, PA 19103-1799
(215) 563-7000
ATTORNEY FOR PLAINTIFF
CENDANT MORTGAGE CORPORATION,
F/K/A PHH MORTGAGE SERVICES
CORPORATION
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff
CUMBERLAND COUNTY
vs.
NO. 2000-1033
JOHN W. SHEAFFER
SHIRLEY M. SHEAFFER
Defendant(s)
TO: JOHN W. SHEAFFER
501 STEELSTOWN ROAD
NEWVILLE, PA 17241
DATE OF NOTICE: MARCH 12. 2001
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THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.
THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE
INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED
FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN
AGAINST PROPERTY.
IMPORTANT NOTICE
You are in default because you have failed enter a written
appearance personally or by attorney and file in writing with the
court your defenses or objections to the claims set forth against
you. Unless you act within ten (10) days from the date of this
notice, a Judgment may be entered against you without a hearing
and you may lose your property or other important rights. You
should take this notice to a lawyer at once. If you do not have a
lawyer or cannot afford one, go to or telephone the following
office to find out where you can get legal help:
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
Frank Federman, Esquire
Attorney for Plaintiff
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FEDERMAN AND PHELAN
F~ank Federman, Esquire
Identification No. 12248
One Penn Center Plaza at
Suburban Station, Suite 1400
Philadelphia, PA 19103-1799
(215) 563-7000
ATTORNEY FOR PLAINTIFF
CENDANT MORTGAGE CORPORATION,
F/K/A PHH MORTGAGE SERVICES
CORPORATION
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff
CUMBERLAND COUNTY
vs.
NO. 2000-1033
JOHN W. SHEAFFER
SHIRLEY M. SHEAFFER
Defendant
fiLe' COpy
TO: SHIRLEY M. SHEAFFER
501 STEELSTOWN ROAD
NEWVILLE, FA 17241
DATE OF NOTICE: MARCH 12. 2001
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.
THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE
INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED
FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN
AGAINST PROPERTY.
IMPORTANT NOTICE
You are in default because you have failed enter a written
appearance personally or by attorney and file in writing with the
court your defenses or objections to the claims set forth against
you. Unless you act within ten (10) days from the date of this
notice, a Judgment may be entered against you without a hearing
and you may lose your property or other important rights. You
should take this notice to a lawyer at once. If you do not have a
lawyer or cannot afford one, go to or telephone the following
office to find out where you can get legal help:
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
Frank Federman, Esquire
Attorney for Plaintiff
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FEDERMAN and PHELAN
By: FRANK FEDERMAN
Identification No. 12248
One Penn Center at Suburban Station
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Attorney for Plaintiff
CENDANT MORTGAGE
CORPORATION, FIKIA PHH
MORTGAGE SERVICES
CORPORATION
Plaintiff
: CUMBERLAND COUNTY
: Court of Common Pleas
: CIVIL DIVISION
vs.
: NO. 2000-1033
JOHN W. SHEAFFER
SHIRLEY M. SHEAFFER
Defendant(s)
VERIFICATION OF NON-MILITARY SERVICE
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the
Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge ofthe
following facts, to wit:
(a) that the defendant(s) is/are not in the Military or Naval Service ofthe United
States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act
of Congress of 1940, as amended
(b) that defendant JOHN W. SHEAFFER is over 18 years of age and resides at 501
STEELSTOWN ROAD, NEWVILLE, PA 17241.
(c) that defendant SHIRLEY M. SHEAFFER is over 18 years of age, and resides
at 501 STEELSTOWN ROAD, NEWVILLE, PA 17241.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating
to WlSWOm falsification to authorities.
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FRANK FEDERMAN
Attorney for Plaintiff
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(Rule of Civil Procedure No. 236 - Revised)
CENDANT MORTGAGE
CORPORATION, F/K/A PHH
MORTGAGE SERVICES
CORPORATION
: CUMBERLAND COUNTY
: Court of Common Pleas
: CIVIL DIVISION
Plaintiff
: NO. 2000-1033
vs.
JOHN W, SHEAFFER
SHIRLEY M. SHEAFFER
Defendant(s)
Notice is given that a Judgment in the above captioned matter has been entered against you on
MARCH;:)9 ,2001.
---.By Aa-,. {/ 2. ~D-u<JdI)EPUTY
If you have any questions concerning this matter, please contact:
FRANK FEDERMAN. ESQUIRE
Attorney for Filing Party
One Penn Center at Suburban Station
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
**TillS FffiM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT
AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY
ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
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SALE DATE: SEPTEMBER 5. 2001
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION - LAW
CENDANT MORTGAGE CORPORATION
No.: 2000-1033
vs.
JOHN W. SHEAFFER
SHIRLEY M. SHEAFFER
AFFIDAVIT PURSUANT TO RULE 3129.1
AND RETURN OF SERVICE PURSUANT TO
Pa. R.C.P. 405 OF NOTICE OF SALE
Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of
Execution was filed the following information concerning the real property located at:
SOl STEELSTOWNROAD, NEWVILLE, PA 17241.
As required by Pa. RC.P. 3129.2(a) Notice of Sale has been given in the manner
required byPa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth
on the attached Affidavit No.2 (previously filed) and Supplemental Affidavit No, 2 on the date
indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing
(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached
for each notice.
, SQUIRE
November 30, 2001
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CUMBERLAND COUNTY
CENDANT MORTGAGE CORPORATION
No.: 2000-1033
vs,
JOHN W. SHEAFFER
SHIRLEY M. SHEAFFER
SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No.2)
Plaintiff in the above action, by its attorney, Frank Federman, Esquire, sets forth
as of the date the Praecipe for the Writ of Execution was filed the following information
concerning the real property located at 501 STEELSTOWN ROAD, NEWVILLE, P A 17241:
3. Name and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
4. Name and address oflast recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
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CENDANT MORTGAGE CORPORATION, F/K/A PHH
MORTGAGE SERVICES CORPORATION
CUMBERLAi'lD COUNTY
Plaintiff,
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
JOHN W. SHEAFFER
SHIRLEY M. SHEAFFER
NO. 2000-1033
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. I)
CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES
CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets
forth as of the date the Praecipe for the Writ of Execution was filed the following information
concerning the real property located at 501 STEELSTOWN ROAD, NEWVILLE, P A 17241.
1. Name and address of Owner(s) or reputed Owner(s):
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
JOHN W. SHEAFFER
501 STEELS TOWN ROAD
NEWVILLE, PA 17241
SHIRLEY M.
SHEAFFER
501 STEELS TOWN ROAD
NEWVILLE, PA 17241
2. Name and address of Defendant(s) in the judgment:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Same as above
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
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4.
Name and address of the last recorded holder of every mortgage ofrecord:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
REPUBLIC BANK
D/B/A FLAGSHIP
FUNDING
1400 66TH ST., N. RAI369
ST. PETERSBURG, FL 33710
5. Name and address of every other person who has any record lien on the property:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
7. Name and address of every other person whom the plaintiff has knowledge who has any interest
in the property, which may be affected by the sale:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Tenant/Occupant
501 STEELSTOWN ROAD
NEWVILLE, PA 17241
Domestic Relations of Cumberland
County
13 North Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties oflS Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
Mav 1. 2001
DATE
~~
F~FEDE~,ESQUIRE
Attorney for Plaintiff
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STATE OF PENNSYLVANIA,
COUNTY Of CUMBERLAND
} 55.
Robert P Ziegler
1, ______________________________________________________________________________Ilecorderof
Deeds in and for said County and State do 'hereby certify that the Sherifrs Deed in which ______n__n____
Cendant Mortgage Corp (FKA) PHH Mortgage Ser Corp .
--_____~____________________________________________________________________________ ~thegrantee
5th
the same having been sold to said grantee on the _______________n_________n______n____n_n__ day of
December 2001
________________________________________ A. Do, ; __no' under and by virtue of a wriL__________n_
7th
Execution 0
n__________________________________n___n___n ISSued on the _n____n__n_________n__n____n___
May 2001 ,
day of __________________________ Ao Do, ___n' out of the Court of Comman Pleas of said County as of
Civil 2000
____________________________n..__ ___ _______ ___ __ ______n_ ____n___________ n_____ Tenn, :
. 1033 0 Cendant Mtg Corp (fka) PHH Mtg Ser Corp
Number ______________, at the su.t of n______n_n_______n__n___________n_n______n_____________
John W Sheaffer & Shirley M
___________________________________against____________________________________________________ ~
249 3090
duly recorded in Sherifrs Deed Book No. ___nn_____' Page ___n_______.
IN TESTIMONY WHEIlEOF, I ha~unto
set my hand and seal of said office this _LZ_____ day
oL_
~orpL_
Rec der of Deeds, Cumberland County. Cofarl!~I~, ~~1l2
My Commission E~pi'es t~e fust Monday . a .
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Cendants Mortgage Corporation, f/k/a
PHH Mortgage Services Corporation
VS
John W. Sheaffer and Shirley M.
Sheaffer
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2000-1033 Civil Term
Shannon Sunday, Deputy Sheriff, who being duly sworn according to law, states
on May 25,2001 at 4:50 o'clock P.M., EDST, she served a true copy of the Real Estate
Writ, Notice and Description in the above entitled action, upon one of the within named
defendants, to wit: John W. Sheaffer, by making known unto Shirley Sheaffer at 54
Mountain View Terrace, Newville, Cumberland County, Pennsylvania 17241, its
contents and at the same time handing to her personally the said true and attested copies
ofthe same.
Shannon Sunday, Deputy Sheirff, who being duly sworn according to law, states
on May 25,2001, at 4:50 o'clock P.M., EDST, she served a true copy of the Real Estate
Writ, Notice and Description in the above entitled action, upon one of the within named
defendants, to wit: Shirley M, Sheaffer, by making known unto Shirley Sheaffer at 54
Mountain View Terrace, Newville, Cumberland County, Pennsylvania 17241, its
contents and at the same time handing to her personally the said true and attested copies
of the same.
Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states on
July 1, 2001 at 2:48 o'clock P.M., EDST, he posted a copy ofthe Real Estate Writ,
Notice, Poster and Description on the property of John W. Sheaffer and Shirley M.
Sheaffer located at 501 Steelstown Road, Newville, Cumberland County, Pennsylvania
17241, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
served the within Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a pendency of the action by regular mail, to one of the
within named defendants, to wit: Shirley M. Sheaffer, at her last known address of 501
Steelstown Road, Newville, PA 17241, This letter was mailed under the date of July 05,
2001 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
served the within Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a pendency of the action by regular mail, to one of the
within named defendants, to wit: John W. Sheaffer, at his last known address of 501
Steelstown Road, Newville, PA 17241. This letter was mailed under the date ofJuly 05,
2001 and never retumed to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, exposed the within described
premises at public venue or outcry at the Court House, Carlisle, Cumberland County,
Pennsylvania, on December 5, 2001 at 10:00 o'clock A.M" EST. He sold the same for
the sum of $ 1.00 to Attorney Frank Federman for Cendant Mortgage Corporation fi'k!a
PHH Mortgage Services Corporation. It being the highest bid and best price received for
the same, Cendant Mortgage Corporation fi'k!a PHH Mortgage Services Corporation of
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6000 Atrium Way, Mount Laurel, NJ 08054, being the buyer in this execution paid
SheriffR. Thomas Kline the sum of$I,104.74, it being costs.
Sheriffs Costs:
Docketing
Posting Handbills
Advertising
Acknowledging Deed
Auctioneer
Law Library
Prothonotary
Mileage
Certified Mail
Levy
Surcharge
Out of County
Dauphin County
Postpone Sale
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriffs Deed
Poundage
$30.00
15,00
15.00
30.00
10.00
.50
1.00
15.27
2.40
15.00
30.00
20.00
446.75
375.00
25.66
25.00
26.50
21.66
$1,104.74
Sworn and Subscribed to Before Me
so~:
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R. Thomas Kline, Sheriff
This~Dayof JJ,,,~L. >
2001, AD. ~ofu~no:a n."Pn~. J/~ 'BY~6~~
Real state eputy
~o.ail
euJu~
/.SO
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CENDANT MORTGAGE CORPORATION, FfKJA PHH
MORTGAGE SERVICES CORPORATION
CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
JOHN W. SHEAFFER
SHIRLEY M. SHEAFFER
NO. 2000-1033
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. I)
CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES
CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets
forth as of the date the Praecipe forthe Writ of Execution was filed the Jollowing information
concerning the real property located at 501 STEELSTOWN ROAD, NEWVILLE, P A 17241.
L Name and address ofOwner(s) or reputed Owner(s):
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
JOHN W. SHEAFFER
50LSTEELSTOWN ROAD
NEWVILLE, PA 17241
SHIRLEY M.
SHEAFFER
501 STEELSTOWN ROAD
NEWVILLE, PA 17241
2. Name and address ofDefendant(s) in the judgment:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Same as above
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
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Name and address of the last recorded holder of every mortgage ofrecord:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
REPUBLIC BANK
D/B/A FLAGSHIP
FUNDING
1400 66TH ST., N. RA1369
ST. PETERSBURG, FL 33710
5. Name and address of every other person who has any record lien on the property:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
7. Name and address of every other person whom the plaintiff has knowledge who has any interest
in the property, which may be affected by the sale:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Tenant/Occupant
501 STEELS TOWN ROAD
NEWVILLE, PA 17241
Domestic Relations of Cumberland
County
13 North Hanover Street
Carlisle, P A 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
Mav 1. 2001
DATE
~~
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
-
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CENDANT MORTGAGE CORPORATION, F/K/A PHH
MORTGAGE SERVICES CORPORATION
Plaintiff,
CUMBERLAND COUNTY
No. 2000-1033
v,
JOHN W. SHEAFFER
SHIRLEY M. SHEAFFER
Defendant(s).
May 1, 2001
TO: JOHN W. SHEAFFER
SHIRLEY M. SHEAFFER
501 STEELSTOWN ROAD
NEWVILLE, P A 17241
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBT AINEP WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED
TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."
Your house (real estate) at 501 STEELSTOWN ROAD. NEWVILLE. P A 17241, is scheduled
to be sold at the Sheriff's Sale on SEPTEMBER 5. 2001 at 10:00 a.m. in the Cumberland County
Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by
CENDANT MORTGAGE CORPORATION. F/K/A PHH MORTGAGE SERVICES
CORPORATION (the mortgagee) against you. If the Sheriffs sale is postponed, the property willi be
relisted for the December 5.2001 Sheriffs Sale.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
L The sale will be cancelled if you pay to the mortgagee the back payments, late chargl~s,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2, You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
~~~ _ M _
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You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE,
I. 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 (2 I 5) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sak This
schedule will state who will be receiving that money, The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, P A 17013
(717) 249-3166
(800) 990-9108
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DESCRIPTION
.'
ALL THAT CERTAIN tract or parcel of land together with the improvements thereon constructl~d
or erected situate in North Newton Township, Cumberland County, Pennsylvania, more particularly
bounded and described in accordance with a survey dated August 21, 1997, by Eric L. Diffenbaugh,
professional land surveyor, as follows, to wit:
BEGINNING at a point at the centerline of SR 4006 (Steelstown Road) in an existing fifteen (15)
foot gravel fannlane at lands now or formerly of Robert N. and Joanne M. Zimmerman; thence
along I ds now or formerly of Robert N. and Joanne M. Zimmerman, North eight (08) degrees
twen -nine (29) minutes twenty (20) seconds East, a distance of two hundred thirteen and fifty-
sev hundredths (213.57) feet to a point at the eastern edge of said fifteen (15) foot gravel
fane; thence continuing along lands now or formerly of Robert N. and Joanne M. Zimmerman,
orth eighty-seven (87) degrees forty-seven (47) minutes thirty-one (31) seconds East, a distance of
ee hundred ninety-one and sixty-one hundredths (391.61) feet to a point at lands now or formerly
of Chester L. Burkett; thence along said lands now or formerly of Chester L.Burkett, South eight
(08) degrees eight (08) minutes thirty-five (35) seconds West, a distance of two hundred fifty-five
and seventy-one hundredths (255.71) feet to a point at centerline of aforementioned SR 4006
(Steelstown Road); thence along said centerline, North eighty-eight (88) degrees one (01) minute
fifteen (15) seconds West, a distance of one hundred thirty-five and seventy-seven (135.77) feet to a
point; thence along same, North eighty-eight (88) degrees zero (00) minutes twenty-eight (28)
seconds West, a distance of two hundred five and thirty-five hundredths (205.35) feet to a point;
thence remaining in the bed of the said SR 4006 Steelstown Road, North eight (08) degrees fifty-one
(51) minutes seven (17) seconds East, a distance of four and sixty-seven hundredths (4.67) feet to a
point; thence along same, North seventy-seven (77) degrees twenty-four (24) minutes twenty-three
(23) seconds West, a distance of forty-seven and fifty-seven hundredths (47.57) feet to the point and
place of BEGINNING.
CONTAINING 2 Acres, 100 Perches, more or less.
TAX PARCEL #30-07-0485-027
RECORD OWNER //
TITLE TO SAID PREMISES IS VESTED IN John W. Sheaffer~Shirley M. Sheaffer, husband
and wife, by Deed from Ray A. Halteman and Linda K. Halteman, husband and wife, dated
8/28/97, recorded 9/2/97, in Deed Book 163, Page 841.
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wRniOll1;EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 00-1033 CIVIL 19
CIVIL ACTION - LAW
TO THE SHERIFF OF
",,...,'.
CUMBERLAND
COUNTY
..,:',. To satisfy the debt, interest and costs due _~endar:t Mortgage Corp., f jkja PHH
Mo.~t';age Services Corp. PLAINTIFF(S)
fmm John W. and Shirley M. Sheaffer, 501 Steelstown Rd., Newville PA
17241.
DEFENDANT(S)
Real estate located
(1) You are directed to levy upon the property of fhe defendant(s) and to sell
at 501 Steelstown Road, Newville PA 17241 (See attached legal
description. )
(2) You are also directed to attach the property 0\ the defendant(s) not levied upon in the possession of __
GARNISHEE(S) as follows
and to notify fhe garnishee(s) that: (a) an aflachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt fa 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 tt!e defendant(s) npt levied upon an subject to attaphment is found in the possession of anyone Of her
than a named garnishee, You are directed to notify him/her that he/she has been<ldded as 'a g'arnishee and is enjoined as abDve
stated.
$3,004.80
Due Prothy
Other Costs
$.50
$1.00
Amount Due $114,232.74
($18.78 per diem)
Interest 1ng/Ol - 9/5/01
.
LL.
Atty's Comm
Atty Paid
Plaintiff Paid
%
$124.68
Date:
May 1, 2001
CURTIS R. LONG
REOUESTING PARTY:
~. . ~_ ;1"};:=;"
Deputy
Name Frank Federman, Esq.
O P C ter @ Suburban Station
Address: ne enn en
Philadelphia PA 19106
Attorney for: Plaintiff
Telephone (215) 5637000
Supreme Court ID No. 12248
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REAL ES1":TE Si\LE Nu~., II
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.;11 ftl~ 'f, Jot::> J the snerift levied upon the oetenoali.,
Interest In the real property ~ituated in f/ I5l1:lt- (j~ ~
(lumberland County, Pa., known and numbered as: 5DI.Jilfl. fl ~1:1JW?t. f.d
~.f.MJvi.M..e and more fully described on Exhibit ,. A" tiled with
this writ and by thls reference Incorporated taerein.
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, COrporation
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~r~, f~,.,...tthlrIey M. Sheaffer
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:~T-ciRT.~1N (rXt:;.pa~~1 Oflf;~d '.
. .Iler WIU! W..: imprm'cments thereon
~~d. Of C[t..'<;too"StlU.Jtc,_in N9rtI1 l\cwton
~'1'(iSumbcfJ;ind Counl~! Penns~lvanja,
- . . Tarr~: bmmd~d and dc~cribcd in
~c.~'jth a )UfVC:)' dat<:d.Augurt_:l.1997.
~ET.::l: Dlffcnbaugh. prOrc~~ll)ilai land
.' sun.t)or;a;;iollows;tov.it: .
~""NrnGal a POlllt a,1 the Cl:nt<.'rlinc of SR
'4Q06 -(Skl:&tO"-""n~o.:.lm Ilea" 'cxi~tlng fifteen
-~L .;.oot .gravel. -farml~nc. at Jamh no,,", or
~:~)' of - RollCrt K' - and Joanne M.
~IPIl,;i.JHo.\!~, thcl1!;~ ,along, lan,- (E now or form, crl,Y
~ K and JoAnne M. Zimmerman. North
~t .(08) degrccs twenty-nine (19) minllll.'~
:,~Il1}'-; Co) second!> Ea~t. a di~a"re of tM
~':)ftllfdreLlhi.lRC.O--'lod....fi[Ly-.',C\'cn' b,lllldrcdl11~
'-K(; : ~ {Ired tb a,:point'!,' Ilk ~tcrn cd.&l-' of'~h]
-i" ," rrn-:f@l_'sravl.:'- t:JrlJllanc; Lh~nl'"C
_ contin.uing :;long land\ now or formerly of Rol:ll'rt
,':~N. ana Joanne M. Zirnm<?fJ1Kl[l, Norm dgfuy.
_~A'- '(87) ~e<:5_ fofty-~e\ICn - (47) mInutes '
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'.. _ n roo nlnt;.ty-one . Ji}d S!xly~on..;: 11llWo1\.Xrt'h\
,ri3S1.6!) feet Lo a point a! lands nov.' or rorm.;:rry
-,01 t.:be~[cr L. Bu.rk~u; .tlICllC';: along 'iiid fJ.nd~
- nOW -or fomierfy of Ch..:,l<.:r L. Burku. Slluth
'~_lOS) dq;r~<.:s dghftOH) minUl.;:~.thiny.Ii\<.:
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; fifi}'.fhe <l~d se\'ent)~on<? hundredths (::5Pl 1
= fci;J.1o a point at centerline of afor~mentioned SR
.4006--\S1.:chtown Road); thellce along l>aiJ
~inc,Northeil!.hLy-cight{8l':)d.;:srcesone
~...1PlJ minUl1.' fiftel.'li (15) Scc.6iiih West, a dhtance
"C.OL one. .hundred thirty-fiw and se\'cnfi~sc\'en
"=TIJ5:77) feet IOoa point: thenCt' along~. North
~-CfJ!ht~--eight IllS) ckgree~ zero (00) minut\.-....
~jwen~ght QS) seconds Wl~t. a di~tancc of tv. 0
_nu.iifrca-mCand thirty-li\t: hundredths (105.35)
:.~ poiilt: !hence' retnaiillng. in the bed orITl<)'
~~It:.CbjPWT! Road, North eight (Ol':)
~~s fifi)'-one (~T) minutc~ sCvCTftu:::n _(17)
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THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16,1929
Commonwealth of Pennsylvania, County of Dauphin} ss
James L. Clark being duly sworn according to law, deposes and says:
That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing
under the taws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818
Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of Th e
Patriot. News and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818
Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot.News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously publi:shed
ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 24th and 31st day(s) of July and the 7th
day(s) of August 2001. That neither he nor said Company is interested in the subject matter of said printed notie:e
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot.News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the S? Company and subsequently duly recorde,d in
:::,:::::'" · 0.00' " '"' ''':'==O~~;,"M'~n~~'='='mm
COpy thO 21 day 0 gust 2001 A.D.
Notarial Seal
S ALE #11 Tiny L. Ruuetl, NoIBIy
Hanl~ul1l, DB"",*,
MyCo/llllllUlCflElI/lItNJu TARY PUBLIC
Mln1,*, I'tt1nsyrvllllla ASIOClaIlon Of NOlIIIM .. 'J
My commiSSion expires une 6, 2002
.
CUMBERlAND COUNTY SHERIFFS OFFICE
CUMBERlAND COUNTY COURTHOUSE
CARLISLE, PAc 17013
Statement of Advertising Costs
To THE PATRtOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates $
Probating same Notary Fee(s) $
Total $
373.150
1.150
375.100
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
By....................................................................
-~ ---~ ~
REAL ESTAW SALE NO. 11
Writ No. 2000-1033 Civil
CendlIDt Mortgage Corporation.
f/k/ a PHH Mortgage
Services Corporation
vs.
John W. Sheaffer and
Shirley M. Sheaffer
Atty.: Frank Federman
DESCRIPTION
ALL THAT CERTAIN tract or par-
cel of land together with the im-
provements thereon constructed or
erected situate in North Newton
Township. Cumberland County,
Pennsylvania, more particularly
bounded and described in accor-
dance with a survey dated August
21, 1997. by Eric L. Diffenbaugh.
professional land surveyor. as fol-
lows. to wit:
BEGINNING at a point at the
centerline of SR 4006 (Steelstown
Road) in an existing fIfteen (15) foot
gravel f<M111lane at lands now or for-
merly of Robert N. and Joanne M.
Zimmerman; thence along lands now
or formerly of Robert N. and Joanne
M. Zinnnerman. North eight (08) de-
grees twenty-nine (29) minutes
twenty (20) seconds East. a distance
of two htllldred thirleen and fifty-
'. , .~
, _,','-",i'_'-',,,c~,..,,,c;,,,='<'<""'~""__'_
seve" bl1J1m<lredths (213.S7Jfeet" to
, a p<>l'Ilt at the eas_et1geof said
fifteen (15) foot gravel farmlane;
thence continuing along lands now
or formerly of Robert N. and Joanne
M, Zimmerman. North eighty-seven
(87) degrees forty-seven (47) min-
, utes thirty-one (31) seconds East a
: distance of three hundred ninety--
one and sixty-one hundredths (391-
.61) feet to a point at lands now or
i fonnerly_ of Chester L. Burkett; thence
along said lands now or formerly of
Chester L. Burkett. South eight (08)
degrees eight (08) minutes thlriy-
five (35) seconds West. a distance
of two hundred fifty-five and sev-
enty-one hundredths (255.71) feet
to a point at centerline of aforemen~
tioned SR 4006 (Steelstown Road):
thence along said centerline, North
eighty-eight (88) degrees one 10 I)
minute fifteen (I5) seconds West, a
distance of one hundred thirty-five
and seventy-seven (135,77) feet to
a point; thence along same. North
eighty-eight (88) degrees zero (00)
minutes twenty-eight (28) seconds
West. a distance of two hundred five
and thirty-five hundredths [205.35)
feet to a point; thence remaining in
the bed of the said SR 4006 Steels-
town Road.; North eight (08) degrees
I fifty-one (51) minutes seven (17) sec-
onds East. a distance of four and
sixty-seven hundredths (4.67) feet
to a point; thence along same. North
seventy-seVen (77) degrees twenty-
four (24) minutes twenty-three (23)
seconds West, a distance of forty-
seven and fifty-seven hundredths (47.57) feet to the point and place
of BEGINNING.
CONTAfNING 2 Acres, 100
Perches. more or less.
TAX PARCEL #30-07-0485-027.
RECORD OWNER
TITLE TO SAlD PREMISES IS
VESTED IN John W. Sheaffer and
Shirley M. Sheaffer, husband and
wife. by Deed from Ray A Halteman
and Linda K. Halteman. husband
and wife, dated 8/28/97, recorded
~~i~97. in Deed Book 163, Page
,-=,. "JL;;~
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16,1929), P. L.1784
STATE OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Joumal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues ofthe said Cumberland Law
Journal on the following dates,
V1Z:
JULY 20, 27, AUGUST 3, 2001
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Joumal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
~/~ "'
Roger M. Morgenthal, Editor
SWORN TO AND SUBSCRIBED before me this
3 day of AUGUST. 2001
, NOTARIAl.'
LOIS E. SNYDER, NoIaryPublIc
CatI/tl8Bo1v. Cumberland County
My CommiII8Ion ~ Man:h 5, 2005
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
CENDANT MORTGAGE CORPORATION, F/K1A PHH
MORTGAGE SERVICES CORPORATION
Plaintiff,
v.
No. 2000-1033
JOHN W. SHEAFFER
SHIRLEY M. SHEAFFER
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
$114.232.74
j
Interest from 03/29/01 TO 09/05/01
(per diem - $18.78)
$3.004.80 and Costs
TOTAL
$117.237.54
~~
F FEDERMAN, ESQUIRE
ONE PENN CENTER at SUBURBAN STATION
SUITE 1400
PHILADELPHIA, PA 19103
Attorney for Plaintiff
Note: Please attach description of property. No.
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DESCRIPTION
ALL THAT CERTAIN tract or parcel of land together with the improvements thereon constructed
or erected situate in North Newton Township, Cumberland County, Pennsylvania, more particularIy
bounded and described in accordance with a survey dated August 21, 1997, by Eric L. Diffenbaugh,
professional land surveyor, as follows, to wit;
BEGINNING at a point at the centerline of SR 4006 (Steelstown Road) in an existing fifteen (15)
foot gravel farmlane at lands now or formerly of Robert N. and Joanne M. Zimmerman; thence
along I ds now or formerly of Robert N. and Joanne M. Zimmerman, North eight (08) degrees
twent -nine (29) minutes twenty (20) seconds East, a distance of two hundred thirteen and fifty-
sev hundredths (213.57) feet to a point at the eastern edge of said fifteen (15) foot gravel
fa lane; thence continuing along lands now or formerly of Robert N. and Joanne M. Zimmerman,
orth eighty-seven (87) degrees forty-seven (47) minutes thirty-one (31) seconds East, a distance of
ee hundred ninety-one and sixty-one hundredths (391.61) feet to a point at lands now or formerly
of Chester L.Burkett; thence along said lands now or formerly of Chester L. Burkett, South eight
(08) degrees eight (08) minutes thirty-five (35) seconds West, a distance of two hundred fifty-five
and seventy-one hundredths (255.71) feet to a point at centerline of aforementioned SR 4006
(Steelstown Road); thence along said centerline, North eighty-eight (88) degrees one (01) minute
fifteen (15) seconds West, a distance of one hundred thirty-five and seventy-seven (135.77) feet to a
point; thence along same, North eighty-eight (88) degrees zero (00) minutes twenty-eight (28)
seconds West, a distance of two hundred five and thirty-five hundredths (205.35) feet to a point;
thence remaining in the bed of the said SR 4006 Steelstown Road, North eight (08) degrees fifty-one
(51) minutes seven (17) seconds East, a distance of four and sixty-seven hundredths (4,67) feet to a
point; thence along same, North seventy-seven (77) degrees twenty-four (24) minutes twenty-three
(23) seconds West, a distance of forty-seven and fifty-seven hundredths (47.57) feet to the point and
place of BEGINNING.
CONTAINING 2 Acres, 100 Perches, more or less.
TAX PARCEL #30-07-0485-027
RECORD OWNER /'
TITLE TO SAID PREMISES IS VESTED IN John W. Sheaffer~Shirley M. Sheaffer, husband
and wife, by Deed from Ray A. Halteman and Linda K. Halteman, husband and wife, dated
8/28/97, recorded 9/2/97, in Deed Book 163, Page 841.
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CENDANT MORTGAGE CORPORATION, F/KIA PHH
, MORTGAGE SERVICES CORPORATION
CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
JOHN W. SHEAFFER
SHIRLEY M. SHEAFFER
NO. 2000-1033
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. I)
CENDANT MORTGAGE CORPORATION. F/K/A PHH MORTGAGE SERVICES
CORPORATION, Plaintiff in the above action, by its attomey, FRANK FEDERMAN, ESQUIRE, sets
forth as ofthe date the Praecipe for the Writ of Execution was filed the following information
concerning the real property located at 501 STEELSTOWN ROAD. NEWVILLE. P A 17241.
1. Name and address ofOwner(s) or reputed Owner(s):
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
JOHN W. SHEAFFER
501 STEELSTOWN ROAD
NEWVILLE, PA 17241
SHIRLEY M.
SHEAFFER
501 STEELSTOWN ROAD
NEWVILLE, PA 17241
2. Name and address ofDefendant(s) in the judgment:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate,)
Same as above
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
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Name and address of the last recorded holder of every mortgage ofrecord:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
,
REPUBLIC BANK
D/B/A FLAGSHIP
FUNDING
1400 66TH ST., N. RA1369
ST. PETERSBURG, FL 33710
5. Name and address of every other person who has any record lien on the property:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
7. Name and address of every other person whom the plaintiff has knQwledge who has any interest
in the property, which may be affected by the sale:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Tenant/Occupant
501 STEELSTOWN ROAD
NEWVILLE, P A 17241
Domestic Relations of Cumberland
County
13 North Hanover Street
Carlisle, P A 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
Mav L 2001
DATE
~~
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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FEDE~ANandPHELAN
By: FRANK FEDERMAN
Identification No. 12248
Suite 1400
One Penn Center at Suburban Station
Philadelphia, PA 19103
(215) 563-7000
ATTORNEY FOR PLAINTIFF
CENDANT MORTGAGE CORPORATION, F/KIA PHH
MORTGAGE SERVICES CORPORATION
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
v.
CIVIL DIVISION
JOHN W. SHEAFFER
SHIRLEY M. SHEAFFER
NO. 2000-1033
Defendant(s).
CERTIFICATION
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attomey for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
( X ) an FHA mortgage
() non-owner occupied
() vacant
() Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa, C.S. Section 4904 relating to unswom
falsification to authorities.
W
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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CENDANT MORTGAGE CORPORATION, F/KJA PHH
MORTGAGE SERVICES CORPORATION
Plaintiff,
CUMBERLAND COUNTY
No. 2000-1033
v,
JOHN W. SHEAFFER
SHIRLEY M. SHEAFFER
Defendant(s).
May I, 2001
TO: JOHN W. SHEAFFER
SHIRLEY M. SHEAFFER
501 STEELSTOWN ROAD
NEWVILLE, P A 17241
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED
TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."
Your house (real estate) at 501 STEELSTOWN ROAD. NEWVILLE. PA 17241, is scheduled
to be sold at the Sheriffs Sale on SEPTEMBER 5. 2001 at 10:00 a.m. in the Cumberland County
Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment obtained by
CENDANT MORTGAGE CORPORATION.F/K/A PHH MORTGAGE SERVICES
CORPORATION (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be
relisted for the December 5.2001 Sheriffs Sale.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late chargl:s,
costs and reasonable attomey's fees due. To fmd out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause,
3. You may also be able to stop the sale through other legal proceedings.
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You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out ifthis has happened, you may call (717) 240-6390.
4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as ifthe sale never happened:
5, You have the right to remain in the property until the full amount due is paid to the Sheliff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share ofthe money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the:
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
irtunediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT lfIA VE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 11013
(717) 249-3166
(800) 990-9108
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DESCRIPTION
ALL THAT CERTAIN tract or parcel of land together with the improvements thereon constructed
or erected situate in North Newton Township, Cumberland County, Pennsylvania, more particularly
bounded and described in accordance with a survey dated August 21, 1997, by Eric L. Diffenbaugh,
professional land surveyor, as follows, to wit:
BEGINNING at a point at the centerline of SR 4006 (Steelstown Road) in an existing fifteen (15)
foot gravel farmlane at lands now or formerly of Robert N. and Joanne M. Zimmerman; thence
along lands now or formerly of Robert N. and Joanne M. Zimmerman, North eight (08) degrees
twen;l-nine (29) minutes twenty (20) seconds East, a distance of two hundred thirteen and fifty- '
sev n hundredths (213.57) feet to a point at the eastern edge of said fifteen (15) foot gravel
fane; thence continuing along lands now or formerly of Robert N. and Joanne M. Zimmerman,
orth eighty-seven (87) degrees forty-seven (47), minutes thirty cone (31) seconds East, a distance of
ree hundred ninety-one and sLxty-one hundredths (391.61) feet toa point at lands now or formerly
of Chester L. Burkett; thence along said lands now or formerly of Chester L. Burkett, South eight
(08) degrees eight (08) minutes thirty-five (35) seconds West, a distance of two hundred fifty-five
and seventy-one hundredths (255.71) feet to a point at centerline of aforementioned SR 4006
(Steelstown Road); thence along said centerline, North eighty-eight (88) degrees one (01) minute
fifteen (15) seconds West, a distance of one hundred thirty-five and seventy-seven (135.77) feet to a
point; thence along same, North eighty-eight (88) degrees zero (00) minutes twenty-eight (28)
seconds West, a distance of two hundred five and thirty-five hundredths (205.35) feet to a point;
thence remaining in the bed of the said SR 4006 Steelstown Road, North eight (08) degrees fifty-one
(51) minutes seven (17) seconds East, a distance of four and sixty-seven hundredths (4.67) feet to a
point; thence along same, North seventy-seven (77) degrees twenty-four (24) minutes twenty-three
(23) seconds West, a distance of forty-seven and fifty-seven hundredths (47.57) feet to the point and
place of BEGINNING.
CONTAINING 2 Acres, 100 Perches, more or less.
TAX PARCEL #30-07-0485-027
RECORD OWNER /
TITLE TO SAID PREMISES IS VESTED IN John W. Sheaffer ~Shirley M. Sheaffer, husband
and wife, by Deed from Ray A. Halteman and Linda K. Halteman, husband and wife, dated
8/28/97, recorded 9/2/97, in Deed Book 163, Page 841.
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CEDANT MORTGAGE
CORPORATION,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
JOHN W. SHEAFFER
SIDRLEY M. SHEAFFER:
Defendants
NO. 00-1033 CIVIL TERM
ORDER OF COURT
AND NOW, this 26th day ofJune, 2001, upon consideration of Plaintiff's Motion
for Service Pursuant to Special Order of Court, it is ordered and directed that Plaintiff
may obtain service of the Notice of Sale on the above-captioned Defendants, John W.
Sheaffer and Shirley M. Sheaffer, by (I) mailing a true and correct copy of the Notice of
Sale by certified mail and regular mail to Defendants' last known address and the
mortgaged premises, (2) mailing a true and correct copy of the Notice by certified mail
and regular mail to Defendants at 54 Mountain View Terrace, Newville, Pennsylvania,
17241, (3) publication once in the Cumberland Law Journal and in a newspaper of
gen~ral circulation in Cumberland County, Pennsylvania, and (4) posting upon the
mortgaged premises.
BY THE COURT,
Frank Federman, Esq.
One Penn Center at
Suburban, Station
Suite 1400
Philadelphia, PA 19103-1814
Attorney for Plaintiff
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FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF
ONE PENN CENTER AT SUBURBAN STATION,
SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
COURT OF COMMON PLEAS
CNIL DNISION
CENDANT MORTGAGE CORPORATION
CUMBERLAND COUNTY
vs.
No.: 2000-1033
JOHN W. SHEAFFER
SHIRLEY M. SHEAFFER
ORDER
AND NOW, this _ day of
,2001, upon consideration of Plaintiff's
Motion and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED
that Plaintiff may obtain service of the Notice of Sale on the above captioned Defendant(s),
JOHN W. SHEAFFER and SHIRLEY M. SHEAFFER, by mailing a true and correct copy of the
Notice of Sale by certified mail and regular mail to Defendant's last known address and the
mortgaged premises.
Service of the aforementioned mailings is effective upon the date of mailing and is to be
done by Plaintiff's attorney, who will file with the Prothonotary's Office an Affidavit of service.
BY THE COURT:
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FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF
ONE PENN CENTER AT SUBURBAN STATION,
SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
COURT OF COMMON PLEAS
CIVIL DIVISION
CENDANT MORTGAGE CORPORATION
CUMBERLAND COUNTY
vs.
No.: 2000-1033
JOHN W. SHEAFFER
SHIRLEY M. SHEAFFER
MOTION FOR SERVICE PURSUANT TO
SPECIAL ORDER OF COURT
Plaintiff, by its counsel, Frank Federman, Esquire, moves this Honorable Court for an
Order directing service of the Notice of Sale upon the above captioned Defendant(s) by certified
mail and regular mail to Defendant's last known address.
1. Attempts to serve Defendant with Notice of Sale have been unsuccessful, as indicated
by the Affidavit of Service attached hereto as Exhibit "A."
2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith
effort to locate the Defendant. An Affidavit of Good Faith Investigation setting forth the specific
inquiries made and the results therefrom is attached hereto as Exhibit "B."
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order
pursuant to Pennsylvania Rule of Civil Procedure 430 directing service ofthe Notice of Sale by
certified mail and regular mail to Defendant's last known address.
1--MMk ~J,6'AAM(}M.
FRANK FEDERMAN, ESQUIRE
ATTORNEY FOR PLAINTIFF
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AFFIDAVIT OF SERVICE
PLAINTIFF
CENDANT MORTGAGE
CORPORATION, F/K/A PHH
MORTGAGE SERVICES
CORPORATION
N 0.2000-1 033
Type of Action
- Notice of Sheriff's Sale
DEFENDANT(S)
JOHN W. SHEAFFER
SHIRLEY M. SHEAFFER
Sale Date: SEPTEMBER 5, 2001
SERVE JOHN W. SHEAFFER AT
501 STEELS'UOWN ROAD
NEWVILLE, PA 17241
SERVED
Served and made known to
, Defendant, on the
day of
,200_,
, o'clock _,m., at
, Commonwealth
at
of Pennsylvania, in the manner described below:
Defendant personally served.
Adult family member with whom Defendant(s) reside(s). Relationship is
Adult in charge ofDefendant(s)'s residence who refused to give name or relationship.
Manager/Cterk ofptace oflodging in which Defendant(s) reside(s).
Agent Or person in charge ofDefendant(s)'s office or usual place of business.
an officer of said Defendant(s)'s company.
Other:
Description:
Age_
Height _ Weight _ Race
Sex
Other
I, , a competent adult, being duly sworn according to law, depose and state that I personally handed
a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at
the address indicated above.
Sworn to and Sl'i1;.:bed
be~s day
of ,200_.
Notary:
eXHIBIT A
By:
NOT SERVED
Oll the 9fL
day of fJld-j
Unknown
, 200,1, at
8 ..;!.- 0 'clock ~.m, Defendant NOT FOUND because:
~ Vacant f I e~~K'C- .\... V K tv e ~ <?>tf,
!vIoved
No Answer
Other:
Notarial Seal
Stacy L. Heefner, Notary Public
Sworn tu and SUESC bed ~hambefSbUrg Boro~ Franklin County Q
beth. d Y Commission ~xp"es Au 5,2 2 {2;t;
el()reme IS ay '. ~
of --..ll1.v{ , 200 L Member, pennSYBIVyan.'a Asso tl f otaries vI
Notary: CR. ~ J
Attorne f, P a ( 0 "
Frank Feder an, Esquire - I,D. No. 12248
One Penn Center Suburban Station, Suite 1400
Philadelphia, P A 19103
(215) 563-7000
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AFFIDAVIT OF SERVICE
PLAINTIFF
CENDANT MORTGAGE
CORPORATION, FIKJA PHH
MORTGAGE SERVICES
CORPORATION
N 0.2000-1033
Type of Action
- Notice of Sheriff's Sale
DEFENDANT(S)
JOHN W. SHEAFFER
SHIRLEY M. SHEAFFER
Sale Date: SEPTEMBER 5, 2001
SERVE SHIRLEY M. SHEAFFER AT
501 STEELSTOWN ROAD
NEWVILLE, PA 17241
SERVED
Served and made known to
. Defendant, on the
day of
,200~
, o'clock _,m., at
. Commonwealth
at
of PellnSytvania, in the manner described below:
Defendant personally served.
Adult family member with whom Defendant(s) reside(s). Relationship is
Adult in charge ofDefendant(s)'s residence who refused to give name or relationship.
Manager/Clerk of place oflodging in which Defendant( s) reside( s).
Agent or person in charge ofDefendant(s!,s office or usual place of business.
an officer of said Defendant(s)'s company.
Other:
Description:
Age_
Height _ Weight _ Race
Sex
Other
!, , a competent adult, being duly sworn according to law, depose and state that! personally handed
a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at
the address indicated above.
Sworn to and subscribed
before me this _ day
of___,200_.
Notary:
EXHIBIT A
By:
q J-~ .', #\&-1
On the -"-f-"-- day of I
NOT SERVED
.200-1., at 9'.'f!O o'clock-f.m., Defendant NOT FOUND because:
No Answer L Vacant t:f "-,-1,,."", L ~" -R. ~ ~ ~ C7~:.
Moved Unknown
Notarial Seal
Stacy L Heefner, Notary Public
Chambersburg Bora, Franklin County
Sworn to and sUl1tbed My Commission Expires Aug. 5, 2002 , 'g
before e this day Member, MnsY/VlIn/BASs 10 'Notaries ~~_
of ,zooL ~
Notary: .' f'f~' By: '
Attorne . 0 1
Frank Fede n, Esquire - I.D. No. 12248
One Penn Center Suburban Station, Suite 1400
Philadelphia, PA 19103
(215) 563-7000
Other:
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PLAYERS NATIONAL LOCATOR
AFFIDAVIT OF GOOD FAITH INVESTIGATION
Loan Number: 2000-1033
Attorney Firm: TRACK STARS
Case Number:
Subject: JOHN W & SHIRLEY SHEAFFER
A. KA: None
Last Known Address: 501 STEELSTOWN ROAD
NEWVILLE, PA 17241
Last Known Number: ( ) -
Michael K Gross, being duly sworn according to law, deposes and says;
1. I am employed in the capacity of President for Players National Locator.
2, On 06/11/2001, I conducted an investigation into the whereabouts of the above named
defendant(s). The results of my investigation are as follows:
CREDIT INFORMATION -
A. SOCIAL SECURITY NUMBER: 175-40-9597 202-42-5243
B. EMPLOYMENT SEARCH:
Unable to locate a good employer for John and Shirley.
C. INQUIRY OF CREDITORS:
The creditors indicated that John and Shirley are living at 501 Steelstown RQad, Newville, Pa.
17241 with no valid hQme phone number. One creditor stated JQhn is using an address of 54
MQuntain View Terrace, Newville, PA 17241.
EXH\B\T "BII
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INQUIRY OF TELEPHONE COMPANY -
A. DIRECTORY ASSISTANCE SEARCH:
The directQry assistance has no listing for John and Shirley Sheaffer. Contacted 717-249-6266
and spoke with a relative who confirmed John and Shirley Sheaffer are bQth living at the last
knQwn
address.
INQUIRY OF NEIGHBORS -
N/A
INQUIRY OF POST OFFICE -
A. NATIONAL ADDRESS UPDATE:
As of June 7, 2001 the NatiQnal Change of Address (NCOA) has no change for JQhn and Shirley
from last known address.
MOTOR VEHICLE REGISTRATION -
A. MOTOR VEHICLE & DMV OFFICE:
The Pennsylvania Department of Drivers Licensing has JQhn and Shirley listed at last known
address.
OTHER INQUIRIES -
A. DEATH RECORDS:
As Qf June 7, 2001 the SQcial Security AdministratiQn has no death record Qn file for John Wand
Shirley Sheaffer under their sQcial security numbers.
,
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B. PUBLIC LICENSES ( PILOT, REAL ESTATE, ETC. ):
None Found
C. COUNTY VOTER REGISTRATION;
The Cumberland County Voters Registration Office has John and Shirley listed at last known
address.
ADDITIONAL INFORMATION ON SUBJECT -
A. DATE OF BIRTH:
John 03/49
Shirley 08/51
~~'JO;~ARY~~;'EtAL~'~~~~'~l
Kristine M SGOrt. Notary Pliblic J
81. LOlJlS,C,o"ur:,i,Y, ,;ta, it ',)1 M,' issouri
My Com11i<J(,lc.n ['Xpi'82 91~12002
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Players National Locator 113 Old State Road, Suite 104 St. Louis, MO 63021
Phone: (636) 230-9922 Fax: (636) 230-0558
EXHIBIT "B"
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FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF
ONE PENN CENTER AT SUBURBAN STATION,
SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
COURT OF COMMON PLEAS
CNIL DNISION
CUMBERLAND COUNTY
CENDANT MORTGAGE CORPORATION
No,: 2000-1033
vs.
JOHN W. SHEAFFER
SHIRLEY M. SHEAFFER
MEMORANDUM OF LAW
Pennsylvania Rule of Civil Procedure 430(a) specifically provides:
(a) If service cannot be made under the applicable rule, the plaintiff may move the Court
for a special order directing the method of service. The Motion shall be accompanied by an
,
Affidavit stating the nature and extent of the investigation which has been made to determine the
whereabouts of the Defendant and the reasons why service cannot be made.
Note: A Sheriff's return of "Not Found" or the fact that a Defendant has moved without
leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis,
238 Pac Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known
address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa.
165,360 A.2d 603 (1976),
An illustration of good faith effort to locate the defendant includes (1) inquires of postal
authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265,
(2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations
of local telephone directories, voter registration records, local tax records, and motor vehicle
records.
As indicated by the attached Affidavit of Service, marked hereto as Exhibit "A", the
Sheriff has been unable to serve the Notice of Sale. A good faith effort to discover the
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whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Good
Faith Investigation, marked Exhibit "B."
WHEREFORE, Plaintiff respectfully requests service ofthe Notice of Sale by certified
mail and regular mail to Defendant's last known address.
Respectfully submitted:
CfA4hlk +akMlMA-
FRANK FEDERMAN, ESQUIRE
ATTORNEY FORPLAThITWF
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VERIFICATION
FRANK FEDERMAN, ESQUIRE, hereby states that he is the Attorney for the Plaintiff
in this action, that he is authorized to take this Affidavit, and that the statements made in the
foregoing MOTION FOR SERVICE OF THE NOTICE OF SALE PURSUANT TO
SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information
and belief.
The undersigned understands that this statement herein is made subject to the penalties of
18 Pac C.S. Sec. 4904 relating to unsworn falsification to authorities.
1A/M1k ~
FRANK FEDE , ESQUIRE
ATTORNEY FOR PLAlNTWF
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FEDERMAN AND PHELAN
By: FRAJ{KFEDERMAN,ESQlITRE
IDENTIFICATION NO, 12248 ATTORNEY FOR PLAINTIFF
ONE PENN CENTER AT SUBURBAN STATION,
SUITE 1400
PHILADELPHIA, PA 19103-1814 COURT OF COMMON PLEAS
(215) 563-7000 CIVIL DIVISION
CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY
vs. No,: 2000-1033
JOHN W. SHEAFFER
SHIRLEY M. SHEAFFER
CERTIFICATION OF SERVICE
I, FRAJ{K FEDERMAN, ESQUIRE, hereby certify that a copy of the Motion for Service
Pursuant to Special Order of Court has been sent to the individuals indicated below on
June 14,2001.
JOHN W. SHEAFFER
SHIRLEY M. SHEAFFER
501 STEELSTOWN ROAD
NEWVILLE, P A 17241
1- ii/PHi( '1,Rdp~
FRAJ{K FEDERMAN, ESQlITRE
Attorney for Plaintiff
Date: June 14,2001
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FEDERMAN AND PHELAN
By: FRANK FEDERMAN, ESQUlRE
IDENTIFICATION NO. 12248
ONE PENN CENTER AT SUBURBAN STATION,
SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
CENDANT MORTGAGE CORPORATION
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
vs.
No.: 2000-1033
JOHN W. SHEAFFER
SHIRLEY M. SHEAFFER
AFFIDAVIT
I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above
captioned matter was sent by regular mail and certified mail, return receipt requested, to JOHN
W. SHEAFFER and SHIRLEY M. SHEAFFER on 09/05/01 at 501 STEELS TOWN ROAD,
NEWVILLE, P A 17241, in accordance with the Order of Court dated 06/26/01. I further certify
that the mortgaged premises was posted by sheriff with the Notice of Sheriffs Sale on 08/11/01,
in accordance with the Court's Order.
The undersigned understands that this statement is made subject to the penalties of 18 P A
C.S. s 4904 relating to unsworn falsification to authorities.
9-;..~.II 9cJJ~A ~~"""',
FRANK FEDERMAN, ESQUlRE
Date: Seotember 6. 2001
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Law Offices
FEDERMAN AND PHELAN, LLP
Suite 1400
One Penn Center, at Suburban Station
Philadelphia, PA 19103-1814
(215) 563-7000
Telecopier (215) 563-5534
Leo Magee
Judgment Department
Representing Lenders in
Pennsylvania and New Jersey
AUGUST 6, 2001
Via Federal Express
fILE COpy
William J. Mansfield, Inc.
Legal Advertising
Suite 507
985 Old Eagle School Road
Wayne, PA 19087-1791 '606030747656
Re: CEDANT MORTGAGE CORPORATION vs.
JOHN W. SHEAFFER and SHIRLEY SHEAFFER
Dear Sir/Madam:
Please publish the enclosed legal notice once in a newspaper of general
circulation and once in the Cumberland Law Journal in Cumberland County. Also, if there is a
specific paper in Cumberland County used for legal notices, please publish in that paper. Please
note that publication must run no later than AUGUST 8, 2001.
Please forward proof of publication and your invoice to my attention.
Thank you for your attention to this matter.
Very truly yours,
Leo Magee
for Federman and Phelan
LEO 'j'
Enclosure ' " ./ .
William(~.J~t.
Legal Advertising
Suite 507
985 Old Eagle School Road
Wayne, PA 19087-1791
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NOTICE'OF ACTION IN MORTGAGE FORECLOSURE
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-1033 CIVIL TERM
CEDANT MORTGAGE CORPORATION
vs.
JOHN W. SHEAFFER and SHIRLEY SHEAFFER
NOTICE
TO: JOHN and SHIRLEY SHEAFFER
"NOTICE OF SHERIFF'S SALE OF REAL PROPERTY"
TAKE NOTICE that the real estate located at 501 STEELS TOWN ROAD.
NEWVILLE. PA 17241 is scheduled to be sold at Sheriffs Sale on SEPTEMBER 5.
2001 at 10:00 a.m., in the Cumberland County Courthouse, South Hanover Street,
Carlisle, PA 17013, to enforce the court judgment of$1I4.232.74, obtained by
CENDANT MORTGAGE CORPORATION, F/K/ A PHH MORTGAGE SERVICES
CORPORATION (the mortgagee).
Prop. Sit in N. Newton Township. Beg. At a pt in centerline of SR 4006
(Steelstown Rd.)
Front: 183.34 ft.
Depth: approx 236.97 ft.
Back:391.61 ft.
IRREG. SHAPED
Being Premises: 501 STEELSTOWN ROAD
Improvements consist of residential property.
Sold as the property of JOHN W. SHEAFFER and SHIRLEY M. SHEAFFER
TERMS OF SALE: The purchaser at sale must pay 10% of the amount of his /her
bid on the day of sale; the remaining balance is to be paid no later than the Friday
following the Sheriffs Sale. If complied with, a deed will be tendered by the Sheriff at
the next available Court of Common Pleas for Cumberland County conveying to the
purchaser all the right, title, interest and claim which the said defendant has in and to the
said property at the time oflevying the same. If the above conditions are not complied
with on the behalf of the purchaser, the property will again be offered for sale by the
Sheriff within thirty days of the original sale. The said purchaser will be held liable for
the deficiencies and additional cost of said sale.
TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on
OCTOBER 5. 2001, distribution will be made in accordance with the schedule unless
exceptions are filed.
Frank Federman, Esquire
Suite 1400,
One Penn Center at Suburban Station
Philadelphia, P A 19103
(215) 563-7000
Attorney for Plaintiff
,~""= . ~
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AFFIDAVIT OF SERVICE
PLAINTIFF CENDANT MORTGAGE
CORPORATION, FIK/A PHH
MORTGAGE SERVICES
CORPORATION
DEFENDANT(S) JOHN W. SHEAFFER
SHIRLEY M. SHEAFFER
No~OOO-I033
Type of Actio.
. Notice of Sllerlff's Sale
Sale Date: SEPTEMBER 5, 1001
SERVE JOHN W. SHEAFFER AT
son S'tEELS'tOWN ROAD
NEWVILLE. PA 1'7241
1ft""'I~"".'
SERVED
S....edlllldmadeknownto. '6~A1 _rl-it;-I4Ft=<:s=-~ . Defendant,oalhe II ~ day of A-Llh.<rT.2001,
al 7: jf) . o'clock lPn.,.1 .ro (S'72%(S"J1lot,rnJ J(s~ N<.::>-W ilia 'L . Conunonweallh
ofP_yl.lnla, in the maJUI.r describ.d bolow:
Defadant penollAlIy serv.d.
Adull family member WlIb whom Defendw(s) reside(s). llelallclllshlp 1.
Adult in charse of Det'el>dant(s)'s residelwe who reNseclto give1llll\e or relationship,
Mamcor/Clcrk of place o!lodging in which Deielldallt(.) rellido(I),
Agant or peraoa in charse ofDefondam(s)'s of'lk. or usual p.... ofbuai4ess,
811 oflic.r of.aid Defondam(s)'s aompany.
)( Other: p <J c-n,.'a)
~ptiOIl; Age_ Height_ WeIp_ Race_Sex_ Other
1. -J70k.2T A~, oA-SH . a competent adult, beU1i d1l1y IWom scaordiag to law. depolO and state that I peraoaallY~)
I tnIe sod comat aopy of the Notice of Sheriff'. Sale ia the n:wmor IS sel forth herein, issued in the captioaed cue Oil tht date IISd at
the sddrc1IlIldiaakod abov.,
Swam 10 ora:! Sllbscribed
bef~it. ~I day ,
of ' lOO~.
Nollt)';' <LI.laA(Q!(a:.Il>.~"^-' By:
~u~
NOT SERVED
N TA LSEAl
Susquehanna Ti:tl.' In Cou, nly
~mlea~q ___ ..::"':'~'!N
. I1\t;i!OO4 .
Otbor:
.200-, at
o'clock _,m, Defenda1lt NOT FOUND becauae:
On
AIlaw.r
_ VIClDt
S....m ID IDIl Sllbscribed
btfore me lhi. _ day
of . 200 _'
NOCI:Y:
By.
AlterIaftt for I!lal.t:lff
I'l'aBII. J'eG....... bqaln - LD. No. 1::48
0... Pd. C..ter SlIburbtm Sladoa, Sult, 1400
PlIlJadelpllll, PA 19103
(215) !63-1000
h.~:~ '" 0' ~1"\ _/11
-
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CEDANT MORTGAGE
CORPORATION,
Plaintiff
IN THE COURT OF CO:MMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
JOHN W. SHEAFFER
SHIRLEY M. SHEAFFER:
Defendants
NO. 00-1033 CIVIL TERM
ORDER OF COURT
AND NOW, this 26th day ofJune, 2001, upon consideration of Plaintiffs Motion
for Service Pursuant to Special Order of Court, it is ordered and directed that Plaintiff
may obtain service of the Notice of Sale on the above-captioned Defendants, John W.
Sheaffer and Shirley M. Sheaffer, by (I) mailing a true and correct copy of the Notice of
Sale by certified mail and regular mail to Defendants' last known address and the
mortgaged premises, (2) mailing a true and correct copy of the Notice by certified mail
and regular mail to Defendants at S4 Mountain View Terrace, Newville, Pennsylvania,
17241, (3) publication once in the Cumberland Law Journal and in a newspaper of
general circulation in Cumberland County, Pennsylvania, and (4) posting upon the
mortgaged premises.
BY THE COURT,
ir kFederman, Esq.
ne Penn Center at
uburban Station
Suite 1400
Philadelphia, PA 19103-1814
Attorney for Plaintiff
fRUE COpy FROM RECORD
In j estimooy wooreof, I here unto set my hano
;,? the 5ef of said c~ at Carlisle. Pa.
r hiS n r;::.y 01 .:lbb /
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