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HomeMy WebLinkAbout02-6076FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 215 563-7000 CENDANT MORTGAGE CORPORATION FIXIA PHH US MORTGAGE SERVICE CORPORATION 6000 ATRIUM WAY MT. LAUREL, NJ 08054 Plaintiff V. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. U.;Z -- (00 ?L ou L' C? SCOTT B. SINGISER CUMBERLAND COUNTY 718 SOUTH MARKET STREET MECHANICSBURG, PA 17055 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 Loan #: 0002014686 (717) 249-3166 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiff is CENDANT MORTGAGE CORPORATION F/K/A PHH US MORTGAGE SERVICE CORPORATION 6000 ATRIUM WAY MT. LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: SCOTT B. SINGISER 718 SOUTH MARKET STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 2/1/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MEMBERS FIRST FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1518, Page 282. By Assignment of Mortgage recorded 2/5/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 602, Page 1001. 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 06/01/2002 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $121,758.76 Interest 4,925.62 05/01/2002 through 12/19/2002 (Per Diem $21.14) Attorney's Fees 1,225.00 Cumulative Late Charges 234.18 06/01/2002 to 12/01/2002 Cost of Suit and Title Search $ 550.00 Subtotal $ 128,693.56 Escrow Credit 0.00 Deficit 1,809.63 Subtotal $ 1.809.63 TOTAL $ 130,503.19 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 130,503.19, together with interest from 12/19/2002 at the rate of $21.14 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDE AN AND PHELA LP By: ?(?+? s/ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff All 1? THAT CERTAIN Cract or parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING ac a stake on the building line of said South Market Street at line of lands formerly of Ralph D. Mumma, now or late of Raymond H. Green and Janith L. Green, his wire; thence westwardly along the line zf said land, one hundred eighty (180) feet to a point at line of other land formerly of Frank S. Mumma and Katharine R. Mumma, his wife; thence northwardly along the line of said last manti:pned land fifty-rive (55) feet, more or less, to line of land focmerly of J. Heiks Paul, now or late of Elmer Lee Ritter, Jr. and Gladys Ritter, his wife; thence eastwardly along the line of sail last mentioned land, one hundred eighty (180) feet to the said building line on South Market Street; thence southwardly along said building line tifcy-five (55) teat, more or less, to the plica of BEGINNING. HAVING THER?ON erected a two story frame dwelling house known and numbered as 71a South Market Street, Mechanicsburg, Pennsylvania. BEING THE S.1ME PREMISES which Drew W. Murphy and Maria P. Murphy, husband and wife, conveyed unto Scott B. Singiser and Patricia A. Sin,3iser, husband and wife, by deed dated June 9, 1995 and recorded Jude 12, 1995 in the Recorders Office in and for Cumberland Counl:y, Pa. in Record Book 123, Page 482. VERIFICATION MARC J. HINKLE hereby states that he is V.P. of CENDANT MORTGAGE SERVICES mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: /;? l l ? (J19- r ? V? `' , C _ '? ? 5 V n W ? ? .? ' ?y? f:. SHERIFF'S RETURN - REGULAR CASE NO: 2002-06076 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATI VS SINGISER SCOTT B CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE SINGISER SCOTT B was served upon DEFENDANT the , at 2043:00 HOURS, on the 8th day of January , 2003 at 701 LINDHAM COURT MECHANICSBURG, PA 17055 SCOTT B SINGISER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.97 /i'r? .00 10.00 R. Thomas Kline .00 36.97 01/09/2003 ??? FEDERMAN & PHELAI fi Sworn and Subscribed to before BY: me this 13`& day of iAA• g/ Kth- / Proonotary' Deputy-Sheri FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (2151 563-7000 CENDANT MORTGAGE CORPORATION F/K/A PHH US MORTGAGE SERVICE CORPORATION 6000 ATRIUM WAY MT. LAUREL, NJ 08054 V. Plaintiff, SCOTT B. SINGISER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-6076 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against SCOTT B. SINGISER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint interest from 12/20/02 to 2/11/03 TOTAL $ 130,503.19 $ 1,141.56 $ 131,644.75 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. /i a-?Xk A /VYt CY FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDIC DATE: as 22?. PRO PROTHY FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7800 CENDANT MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE SERVICE CORPORATION Plaintiff vs. SCOTT B. SINGISER Defendant(s) TO: SCOTT B. SINGISER 1001 LINDHAM COURT, APT #701 MECHANICSBURG, PA 17055 DATE OF NOTICE: JANUARY 29, 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (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 Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-6076 C Lx ?( LsZ J 5 Frank Federman, Esquire Attorney for Plaintiff i S V ' ` r t ''1 - PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CENDANT MORTGAGE CORPORATION F/YJA . PHH US MORTGAGE SERVICE CORPORATION : Plaintiff, V. No. 02-6076 SCOTT B. SINGISER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 2/12/03 to 6/11/03 (per diem -$21.64) $ 131,644.75 $ 2,596.80 and Costs TOTAL $ 134,241.55 C. ' .UVL FEDE AN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. d OW O W > F rj ? w? °?- 1:60 O C7 ? 0-0 u Grr c O " ? Ud., W C7 F 0.4 F L OUz w? goo 3 c O o w F7_, d U FA A? 0-.4 U w ? o a p r, , 0 -o ? -o w v ti ? M r ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a stake on the building line of said South Market Street at line of lands formerly of Ralph D. Mumma, now or late of Raymond H. Green and Janith L. Green, his wife; thence westwardly along the line of said land, one.hundred eighty (180) feet to a point at line of other land formerly of Frank B. Mumma and Katharine R. Mumma, his wife; thence nouthwardly along the line of said last mentioned land fifty-five (55) feet, more or less, to line of land formerly of J. Heiks Paul, now or late of Elmer Lee Ritter, Jr. and Gladys Ritter, his wife; thence eastwardly along the line of said last mentioned land, one hundred eighty (180) feet to the said building line on South Market Street; thence southwardly along said building line fifty-five (55) feet, more or less, to the place of BEGINNING. TAX PARCEL# 16-24-0787-115 PREMISES BEING KNOWN AS: 718 SOUTH MARKET STREET MECHANICSBURG, PA 17055 TITLE TO SAID PREMISES IS VESTED IN Scott B. Singiser by Deed from Scott B. Singiser and Patricia A. Singiser, his wife, dated 2/1/1999 and recorded 2/5/1999 in Record Book 193, Page 1024. r V 77i? nV- 1 (T1 N V1 e WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-6076 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENDANI MORTGAGE CORPORATION, f/Wa PHH US MORTGAGE SERVICE CORPORATION Plaintiff (s) From SCOTT B. SINGISER, 1001 LINDHAM COURT, APT #701, MECHANICSBURG PA 17055. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 718 S. MARKET ST., MECHANICSBURG PA 17055 (SEE ATTACHED LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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 $131,644.75 Interest 2/12/03 TO 6/11/03 @ $21.64 per diem Atty's Comm % Arty Paid $118.97 L.L. $.50 Due Prothy $1.00 Other Costs Plaintiff Paid Date: FEBRUARY 13, 2003 (Seal) REQUESTING PARTY: CURTIS R. LONG Protho tary By: D putt' Name FRANK FEDERMAN, ESQ. Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BLVD., SUITE 1400 PHILADELPHHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION F/K/A PHH US MORTGAGE SERVICE CORPORATION : 6000 ATRIUM WAY Plaintiff, V. SCOTT B. SINGISER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-6076 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 of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant SCOTT B. SINGISER is over 18 years of age and resides at , 1001 LINDHAM COURT, APT #701, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. FEDE AN, ESQUIRE Attorney for Plaintiff ?, - E__ _? r---? (, ? ? - f , t ?' FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION F/K/A PHH US MORTGAGE SERVICE CORPORATION V. Plaintiff, SCOTT B. SINGISER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-6076 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. C F FEDERMAN, ESQUIRE Attorney for Plaintiff ?. - c- _..? ?? CENDANT MORTGAGE CORPORATION F/K/A PHH US MORTGAGE SERVICE CORPORATION : V. SCOTT B. SINGISER Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-6076 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) ivJlqJ]K I GAGE SERVICE Plaintiff in the above action, by its attorney, FRANK FEDERMAN, SQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 718 SOUTH MARKET STREET MECHANICSBURG PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name SCOTT B. SINGISER Last Known Address (if address cannot be reasonably ascertained, please indicate) 1001 LINDHAM COURT, APT #701 MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. P.O. BOX 2026 FLINT, MI 48501-2026 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Last Known Address (if address cannot be reasonably ascertained, please indicate) 718 SOUTH MARKET STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 10, 2003 DATE ?&'K L an? FEDE AN, ESQUIRE Attorney for Plaintiff r,j , f ' CENDANT MORTGAGE CORPORATION FWA PHH US MORTGAGE SERVICE CORPORATION Plaintiff, V. SCOTT B. SINGISER Defendant(s). CUMBERLAND COUNTY No. 02-6076 February 10, 2003 TO: SCOTT B. SINGISER 1001 LINDHAM COURT, APT #701 MECHANICSBURG, PA 17055 * *THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANYINFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOUHAVEPREVIOUSLYRECEIVED A DISCHARGEIN BANKRUPTCYAND THIS DEBT WAS NOTREAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPTTO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINSTPROPERTY. ** Your house (real estate) at 718 SOUTH MARKET STREET MECHANICSBURG PA 17055, is scheduled to be sold at the Sheriffs Sale on JUNE 11.2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $131_,645 obtained by CENDANT MORTGAGE CORPORATION F/K/A PHH US MORTGAGE SERVICE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) Y V U 1V1H 1 V A xLL aia. -?-- - 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 56 find out the price bid by calling 51563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a stake on the building line of said South Market Street at line of lands formerly of Ralph D. Mumma, now or late of Raymond H. Green and Janith L. Green, his wife; thence westwardly along the line of said land, one.hundred eighty (180) feet to a point at line of other land formerly of Frank B. Mumma and Katharine R. ;Mumma, his wife; thence northwardly along the line.of said last mentioned land fifty-five (55) feet, more or less to line of land formerly of J. Heiks Paul, now or late of Elmer Lee Ritter, Jr. and Gladys Ritter, his wife; thence eastwardly along the line of said last mentioned land, one hundred eighty (180) feet to the said building line on South Market Street; thence southwardly along said building line fifty-five (55) feet, more or less, to the place of BEGINNING. TAX PARCEL# 16-24-0787-115 PREMISES BEING KNOWN AS: 718 SOUTH MARKET STREET MECHANICSBURG, PA 17055 TITLE TO SAID PREMISES IS VESTED IN Scott B. Singiser by Deed from Scott B. Singiser and Patricia A. Singiser, his wife, dated 2/1/1999 and recorded 2/5/1999 in Record Book 193, Page 1024. ("1 -. ?.. <. `? ;' f - ' ?" " .. ? J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RTGAGE RE: CENDANT MORTGAGE CORPORATION F/K/ CIVIL ACTION SERVICE CORPORATION j VS. SCOTT B. SINGISER CIVIL DIVISION NO. 02-6076 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) I, FRANK FEDERMAN, ESQUIRE attorney for CENDANT MORTGAGE CORPORATION F/K/A PHH US MORTGAGE SERVICE CORPORATION hereby verify that on 2/12103 & 4/22/03 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: May 8, 2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff rl A i-V -3 uj o o A . r .r r~ ~O oo J rn H E ~ .• W N 4 at W <D m a Z C 3 Q W x -? 1z O 0 " No oro CO) m a 0 N & O o ? A ?ro O S. oc ?g "k.9V 0 6+ c`i w N ? M O b n ? 8 ° N O ? C a•w? °'a 0 ? ? O 8 7 d F4 v 43 .0 00 0 Wv c 5-, - u. y 0 E7, ?' 7 d 7 o E:?a 0 w_ ? 8 w f0? c G 0 L G e 'oyG?n v'nx0 c? n v' ?d ? 'd ? H t n o n e i ti A a CL a C) a? ? d o cu ? Fd? ? n W ? d 0 0 r ?C ?aa r d r-• O C O O t ? ? d Y $?wES Q $ o0. 203 g12 ?gR?4JiZIP?`'De y;y3 16 DJI?1Lc'D ?•'°°?SdSq\ r EI GUU4 4 i 9g] vs; a? a? m y a 1 go (z it . ?d s? N N d? or ?y a N 'a P U C r Cr ro r ?x 0 O c? ? c ?' ; `_ ? ??: ? ,_ c : .. _ -. r-= .? { - - -, --- - AFFIDAVIT OF SERVICE PLAINTIFF CENDANT MORTGAGE CORPORATION F/K/A PHH US MORTGAGE SERVICE CORPORATION DEFENDANT(S) SCOTT B. SINGISER SERVE SCOTT B. SINGISER AT 1001 LINDHAM COURT, APT #701 MECHANICSBURG, PA 17055 Served and made known to !5,r,4 e, at It, V,o'clock 'l,,.m., at 001 CUMBERLAND COUNTY KMD No. 02-6076 ACCT. #0002014686 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 11, 2003 Defendant, on the S? day of 2003 ?? / r Ck( ? 70 ( W? e CU aOl ?, Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. ( ? 7 -? v ? rQ Adult family member with whom Defendant(s) reside(s). Relationship is d Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: -' I If r I , ?0? OJ ?- Description: Age Height JrC? Weight ? Race LL Sex Other w ici. v c M OL L ? R.. a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of tliNotice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. NOTMKWAL ELIZABETH M. JOHAKWM, Nfty pft Sworn to and subsc ed Greene T"x FtBnlalff Co ft befor, a this IN- y 9l? of IM kL , 200 No By: PLE ATTEMPT SERVICE AT LEAST 3 TIMES. I ICATE D ES TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1St Attempt: Time: 2°d Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200 Notary: By: SERVED Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 F ' - T) ?. i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Loan Mtg Corp is the grantee the same having been sold to said grantee on the 11th day of June A.D., 2003, under and by virtue of a writ Execution issued on the 13th day of Feb, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Tenn, 2002 Number 6076, at the suit of Cendant Mtg Corp against Scott B Singiser is duly recorded in Sheriff's Deed Book No. 257, Page 4770. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 3 day of , A.D. 2003 R?a?Iy 1 R corde of Deeds ft, mbedww Cafte, PA MY con m uion Expirea? the FFiM . of JnL 2006 Cendant Mortgage corporation Fk/a In The Court of Common Pleas of PHH US Mortgage Service Corporation Cumberland County, Pennsylvania VS Writ No. 2002-6076 Civil Term Scott B. Singiser Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on March 31, 2003 at 6:28 o'clock PM, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Scott B. Singiser, by making known unto Scott B. Singiser, personally, at 1001 Lindham Court, Apt. #701, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2003 at 2:36 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Scott B. Singiser located at 718 South Market Street, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Scott B. Singiser, by regular mail to his last known address of 1001 Lindham Court, Apt. #701, Mechanicsburg, PA 17055. This letter was mailed under the date of April 07, 2003 and never returned 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, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 11, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Federal Home Loan Mortgage Corporation. It being the highest bid and best price received for the same, Federal Home Loan Mortgage Corporation of Foreclosure Unit, Mail Stop 61, P.O. Box 5000, Vienna VA 22183-5000, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $710.02. Sheriffs Costs Docketing $30.00 Poundage 13.92 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 15.87 Certified Mail Levy 15.00 Surcharge 20.00 Law Journal 246.80 Patriot News 207.19 Share of Bills 25.24 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 710.02 Sworn and subscribed to before me This q`=' day of 2003, A.D. C Prothonotary So w R. Thomas Kline, Sheriff ' BY JbcJ ?M.J.T.?^? Real Estate eputy 30 ' a C? 7 Cn pt", 13 9P Real Estate Sale # 65 On March 14, 2003 the sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA known and numbered as 718 South Market Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 14, 2003 By: Jodi{ Real Estate Deputy D? 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 JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Commonwealt Controller of The Patriot News Co., a corpo of business at 812 existing 818dMarketlaws Street inethe C ty of Harrisburg, Pennsylvania, with its principal office and place County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; and ished That the printed notice or publication which is securely tonhthe 22nd and 29th day(s)rlof April andblhe 6thln their regular daily and/or Sunday/ Metro editions which appeared to time, place and character of publication notice or day(s) of May 2003. That neither he nor oflthis ostatement lase the advertising, and that all of the allegations true; and verify That he has personal knowledge of athe facts aforesaid and is duly foresaid by virtue and pursuantauthorized resolut on unan'mouslyt pa sed ands statement on behalf of The Patriot News C adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in ffie for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", the o c Volume 14, Page 317. PUBLICATION COPY S A L E #65 REAL ESTATE SALE No. 65 Writ No. 2002-6076 Civil Term Cendpant Mortgage Cor PHH US tMortg ge Service Corp. Scott B. Singiser VS Atty: Frank Federman DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, ifing and being in the Borough of Mechanicsburg, to the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a stake on the building line of said South Market Street at line of lands formerly of Ralph D. Mumma, now or late of Raymond H. Green and Janith L. Green, his wife; thence westwardly along the line of said land, one hundred eighty (180) feet to a point at line of other land formerly of Frank B. Mumma and M his wife; thence ............... .... .. ...... Sworn to and su sc bed before rpe t is 14th day o kfAay 200 D. I Notarial Seal Fussell, Notary Publ1 Ay +arrsr.: rg, )auphinCounry N rARY PUBLIC nv " SrYrrs?:.. txptresJune6,2006 fvlember. Pennsylvania Association Ot Nota ' y commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached 205.44 hereto on the above stated dates $ 1 .75 Probating same Notary Fee(s) $ Total $ 207.19 Katharine R. umma, publisher's Receipt for Advertising Cost northwardly alone the line of said last mentioned The Patriot News Co., publisher of The Patriot-News and The Sunday 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. land fifty-five (55) feet, more or less, to line of land formerly of J. Heiks Paul, now or late of Elmer Lee Ritter, Jr. and Gladys Ritter, his wife; thence eastwardly along the line of said last mentioned land, one hundred eighty (180) feet to the said building line on South Market Street; thence southwardly along said building line fifty- five (55) feet, more or less, to the place of BEGINNING. TAX PARCEL NO.: 16-24- 0787-115. PREMISES BEING KNOWN AS: 718 South Market Street, Mechanicsburg, PA 17055. TITLE TO SAID PREMISES is vested in Scott B. Singiser by Deed from Scott B. Singiser and Patricia A. Singiser, his wife, dated 2/1/1999 and recorded 2/511999 in Record Book 193, Page 1024. By ..................................... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 25, MAY 2, 9, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. RL+'AL ESTATE SALE NO. 65 Writ No. 2002-6076 Civil Cendant Mortgage Corporation, f/k/a PHH US Mortgage Service Corporation vs. Scott B. Singiser Atty.: Frank Federman ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Borough of Mechanicsburg, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly de- scribed as follows: BEGINNING at a stake on the building line of said South Market Street at line of lands formerly of Ralph D. Mumma, now or late of Raymond H. Green and Janith L. Green. his wife: thence westwardly along the line of said land, one hun- dred eighty (180) feet to a point at line of other land formerly of Frank B. Mumma and Katharine R. Mum- Lis Mariee Coyne ditor SW TO AND SUBSCRIBED before me this 9 day of MAY, 2003 j C 3n 2005 3 _ ma, his wife; thence northwardly along the line of said last mentioned land fifty-five (55) feet, more or less, to line of land formerly of J. Heiks Paul, now or late of Elmer Lee Ritter. Jr. and Gladys Ritter, his wife: thence eastwardly along the line of said last mentioned land, one hundred eighty (180) feet to the said building line on south Market Street: thence south- wardly along said building line fifty-five (55) feet, more or less, to the place of BEGINNING. TAX PARCEL # 16-24-0787-115. PREMISES BEING KNOWN AS: 718 SOUTH MARKET STREET, MECHANICSBURG, PA 17055. TITLE TO SAID PREMISES IS VESTED IN Scott B. Singiser by Deed from Scott B. Singiser and Patricia A. Singiser, his wife, dated 2 / 1 / 1999 and recorded 2/5/1999 in Record Book 193, Page 1024. Lawrence J. Neary, Esquire 108-112 Walnut Street Harrisburg, PA 17101-1609 (717) 238-4798 (717) 238-4793 - Fax Email: Ijnearyesq@aol.com KAREN J. CHASE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2003-6076 DUSTIN R. RADER, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above captioned action ended, settled and discontinued and all costs have been paid. Respectfully Submitted, C Date: it Lavyf ce J. N a , Esqu Attey for PI i iff 108 - 112 Wal t Street Harrisburg PA 17101-1 (717) 238-4798 (717) 238-4793 - Fax Pa. I.D. No. 25827 ii CERTIFICATE OF SERVICE I, Lawrence J. Neary, Esquire, attorney for the Plaintiff, hereby certify that I have on the date shown below served a copy of the foregoing Praecipe to Discontinue to the person and in the manner indicated below: UNITED STATES FIRST CLASS MAIL, POSTAGE PREPAID Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart and Weidner, P.C. 301 Market Street Lemoyne, PA 17043 Date: y1 I Respectfully Submitted, Lawre ce J. Ne , Esquire Attey for Plai iff 108-112 Walnut Street Harrisburg PA 17101-16 9 (717)238-4798 (717)238-4793 - Fax PA I.D. No. 25827