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Home My WebLink About00-08878 j''-=-~'' ... ..,....._,~ , , L G-,~ .',' ',' ""' <'~,'".' ~j ,f ,.,ki~ ,.iliJ. "'~,"'",~l ,~ 1St . FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO_ 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BOULEVARD SUITE 1400 PHll.ADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FORPLAlNTITF COURT OF COMMON PLEAS CIVIL DIVISION CENDANT MORTGAGE CORPORATION F/K/A PHH MORTGAGE SERVICES CORPORATION 6000 ATRIUM WAY MT_ LAUREL, NJ 08054 TERM Plaintiff NO, 06- 887~ C/o: I v, CUMBERLAND COUNTY ROBERT D_ SMITH ANN M, SMITH 8 WALNUT LANE CAMP Hll.L, PA 17011 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM 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 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. IT 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, P A 17013 (717) 249-3166 Loan #: 8395022 J , ~ 1 ""d '0 I, rt,",' Jl lli.N.." 1. Plaintiff is CENDANT MORTGAGE CORPORATION FIKJA PHH MORTGAGE SERVICES CORPORATION 6000 ATRIUM WAY MT. LAUREL, NJ 08054 2_ The name(s) and last known address (es) of the Defendant(s) are: ROBERT D. SMITH ANN M. SMITH 8 WALNUT LANE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described_ 3. On 4/19/96 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. 1317, Page 819. 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 3/1/99 and each month thereafter are due and lUlpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith_ A copy of such notice is attached as Exhibit "A." ~- :,,1. -' -- '. ,_" d,,-,~,I, ){;If':-' ll..~~" 6. The following amounts are due on the mortgage: Principal Balance Interest 2/1/99 through 1111/00 (Per Diem $20.65) Attorney's Fees Cumulative Late Charges 4/19/96 to 1111/00 Cost of Suit and Title Search Subtotal $88,683.82 13,216_00 4,000.00 306.90 750,00 $106,756.72 Escrow Credit Deficit Subtotal 0.00 2.123,18 $2.123.18 TOTAL $109,079_90 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 come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9, The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P,S. ~ 1680A03c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i,) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiffs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii,) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $109,079,90, together with interest from 11/1/00 at the rate of $20.65 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. Ch.,..L 9-~ /s/ Frank Federman FRANK FEDERMAN, ESQUlRE Attorney for Plaintiff :J". ,I L '" " .-" "h ,'. j', ~":"~'",'" "~" ,I --;jrq:",',;l;'>, > c-L' , --~,,,,,,,;; k ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM DATE: NOvember 24, 2000 FORECLOSURE TO: Robert D. Smith 8 Walnut Lane Camp Hill, PA 17011 Ann M. Smith 8 Walnut Lane Camp Hill, PA 17011 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on vour home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) mavbe able to help to save vour home. This Notice explains how the program works. To see ifHEMAP can help_ vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet the Counseling Agencv_ The name. address and ohone number of Consumer Credit Counseling Agencies serving vour County are listed at the end of this Notice_ If vou have anv questions. vou mav call the Pennsvlvania Housing Finance Agencv toll free at 1-800-342-2397_ (Persons with impaired hearing can call (717) 780-18691. This Notice contains important legal information. If yon have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area, The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLA1vIANDO ESTA AGENCIA (PENNSYL VANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA, PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGR.A1vIA LLA1\1ADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. EXHIBIT A ,-" l' "" ,< ,1"" :"';<".1,,,,",,-, STATEMENTS OF POLICY HOMEOWNER'S NAME(S): Robert D, Smith and Ann M. Smith PROPERTY ADDRESS: 8 Walnut Ln.-Camp Hill, PA 17011 LOAN ACCT, NO.: 8395022 ORIGINAL LENDER: PHH US Mortgage Services CURRENT LENDER/SERVICER: Cendant Mortgage Corporation(NJ) HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGmLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAYBE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGffilLITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-Ifvou meet with one of the consumer credit counseling agencies listed at the end of this notice the lender IDaV NOT take action against vou for thirtv (30) davs after the date of this meeting. The names. addresses and teleohone numbers of desimated consumer credit counseling agencies for the county in which the orooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. APPLICA nON FOR MORTGAGE ASSISTANCE- Your mortgage is in a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for fmancial assistance from the Homeowner's Emergency Mortgage Assistance Program To do so. you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TillS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTM'lCE WILL BE DENIED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing EXHIBIT A 1"liJ.h...,lo , " .'1 J ~. -~ ' ~ .. ,t', : ~,; ,;1 '"" . '~If" Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If ou have filed bankru tc ou can still a I for Emer enc Mort a e Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT !Bring it uo to date). NATURE OF THE DEF AUL T - The MORTGAGE debt held by the above lender on your property located at: 8 WalnntLn.-Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: 3/1199 thru 11/1100 at $827.74 per month_ Monthly Payments Plus Late Charges Accrued $17,689.44 NSF: $0_00 Inspections: $12130 Other: $1,856.25 (Suspense): $0_00 Total amount to cure default $19,667.00 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not aoolicable): NIA HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $19,667.00, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavrnents must be made either bv cash. cashier's check. certified check or monev order made pavable and sent to: FEDERMAN AND PHELAN, L.L.P., One Penn Center at Suburban Station, 1617 John F. Kennedy Boulevard, Suite 1400, Philadelphia, PA 19103- 1814, Attention: PayofflReinstatement Department. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable.) N/A. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose uoon Your morte:a2e orooertv. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage properly will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50_00. However, iflegal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00_ Any attorney's fees will be added to the amount you owe lender, which may also include other reasonable costs. Ifvou cure the default within the THIRTY (30) DAY period. vou will not be reuuired to oav attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage_ EXHIBIT A -I "'"' , ,-[- "' '-" ,~ - _r _u ,_, ',' ..,_c, ,._"- L_ '_ ~" -~ j@o:i RIGHT TO CURE THE DEF AUL T PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the rieht to cure the default and orevent the sale at anv time UP to one hour before the Sheriff's Sale. You mav do so bv pavine the total amount then Dast due. plus any late or other charees then due. reasonable attornev's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as specified in writine bv the lender and bv perforntine anv other reauirements under the morteaee. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may [md out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: FEDERMAN AND PHELAN, L.L.P One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Tel:(215) 241-1711 Attention: Phyllis Levin, PayofflReinstatement Dept, EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You may or_X_may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the saJe and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE 'flIE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBTOR TO BORROW MONEY FROM k'lOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEF AUL T. (HOWEVER, YOU NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LA WSUlT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS A IT ACHED Very truly yours, Attn: Susan McFadden FEDERMAN AND PHELAN, L.L.P. Account No.: 8395022 Mailed by 1" Class mail/Certificate of Mailing and Certified Mail No: 7000 0600 0025 8584 2245,2238 EXHIBIT A ~~ I" "~ }c- to' .- ,-, L_ """ > 'I>'L PENNSYL VANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) CLINTON COUNTY Lycoming-Clinton Counties Commision for Community Action (STEP) 2138 Lincoln Street P.O. Box 1328 Williamsport, PA 17703 (570) 326-0587 FAX (570) 322-2197 CCCS of Northeastern PA 1631 South Atherton St. Suite 100 State College, PA 16801 (814) 238-3668 FAX (814) 238-3669 CCCS of Northeastern PA 20 I Basin Street WiIliamsport, P A 17703 (570) 323-6627 FAX (570) 323-6626 COLUMBIA COUNTY 31 W. Market Street POB 1127 Wilkes-Barre, PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 1400 Abington Executive Park Suite I Clades Summit, P A 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134-9135 Commission on Economics Opportunity of Luzerne County 163 Amber Lane Wilkes-Barre, P A 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665-{Call Before Faxing) (570) 455-4994 Hazeltown FAX (570) 455-5631-{Call Before Faxing) (570) 836-4090 Tunkhannock CRAWFORD COUNTY Btloker T. Washington Center 1720 Holland Center Erie, P A 16503 (814) 453-5744 FAX (814) 5749 Greater Erie Community Action Committee 18 West 9th Street Erie, PA 16501 (814) 459-4581 FAX (814) 456-0161 John F. Kennedy Center, Inc. 2021 East 20. Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 Shenango Valley Urban League, Inc. 601 IndianaAvenue Farrell, PA 16121 (412) 981-5310 CUMBERLAND COUNTY Financial Counseling Services of Franklin 31 West 3m Street - Waynesboro, PA 17268 (717) 762-3285 cecs of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, P A 17102 (717) 541-1757 Urban League of Mettopolitan Harrisburg N.6"Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 YWCA of Carlisle 301 "G" Street Carlisle, PA 17013 . (717) 243-3818 FAX (717) 731-9589 Community Action Comm of the Capital Region 1 S 14 Derry Street Harrisburg, P A 171 04 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St Gettysburg, P A 17325 (717)334-1518 FAX334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 EXH\BiT A -I,"" w :11_<"" ,~~ '-l$i~ ALL THAT CEltTAIN house ahd lot ot ground situate in the Township ot Lower Allen, County ot Cumberland and Commonwealth of P.mnsyl'Vania. bounded and. described as tallows, to wlt~ ..'. BEGINNING at a point on the Northern !fne ot Walnut Lane, (50 toet wide>. at the dIvIding' line between Lots Nos." and 8, Block "F", on the hereinafter mentioned Plan ot Lob; thence alone Lot No.7. Block II:P", On said plan. North 31 degrees 39 minutes Wes't, .. distance oL 815.00 teet to B. point; thence North '48 degrees 1S minutes East, a distance ot 72.27 loet to a point on the line ot Walnut CIrcle; thence along Walnut Circle oy a curve to the Mght baVing a radil;lS ot 30.3 teet, a distance ot 35.87 teet to a point; thence by the same South 31 decrees 39 minutes East. a dIstance ot 44..55 teet to a point ot a curve; thence by a curve to the right haV'in(r a radius of 25.0 teet. a distance at 39..21 teet to a point on the Northern line ot Walnut t..ane, 50 teet wide, 4toresaJd; thence by the same, South 58 degrees 21 minutes West, a distance of 85.00 teet to a point, the place ot Beginning'. BEING Lot No.8, Block "F". on the Plan o! Lots ot Cumberland Park, whleh said 1'lan Is recorded in tl1e Cumberland County R.ecorder's Ottice in Plan Book No.5, at Pa". 22. HA VlNCi thereon erected a single tamUy dwelling house known and numbered as 8 WSIlnut Lane, Camp Hill. PennSYlVania.. BEING THE SAME premisu wf:l.1Ch.CCN.B. BaDkr:Exeo.utpr of Erne~t.P.lccolobyits Deed d,ated SeC'.temberi2a.., 1989, and recorded in the Cumberland County Recorder's Otfice in Deed Book '''E'', Volumll!t 34, at Page ~'13, g:ranted and conveyed. unto SteyeR M.1Basmfl:lg6n aad~,,"an"'EnsmInlrOT~~~d'YfU;e. AND ;BElNG ..the same ['remises wtilch Stev'en M.,-Ensminger and li.bU8(1n Ensminger; 1\WIiband and wife, by their Deed dated Au.gust 18, 1995. and recorded on August 21, 1995, in the OCflce ot the Reeord.r ot Deeds in. and tor Cumber-land County, Pennsylvania, in Deed Book 126, at Page 113S" granted unto Louann Ensminger. PIlEMISES: 8 WALNUT LAI!IE " t VERIFICATION MARK HINKLE hereby states that he is V.P. ofCENDANT MORTGAGE SERVICES mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made inthe 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 unsworn falsification to authorities. )rJ"./l/;d DATE: lJ 1:J~h[) ',,' lI.Ilil" lI!t.iifB1~~il[it!~jM~!~~~J;I};mM';lht,t;i1M&1i;ii-U"~1%Il~~ii1,-,.'-:tll(A"- ',-,^ c:JCj0 g ~~ -- - p ~ --'" C7' ()\: ~ ~ l ..-- u ~ y =~L~,H'~ 1_ ,~'.~m ~ -C:: 9\ ~ =v V 7:' ~' ~ ~ ~ -c:i ~. r ,~ i ~,,. -'<.~"~' <~~."""',""~ j,~ -"",,,. .,~ '''.'~ o ,- ~t5 ffl ;~,~ Z:- ~.." {:2 / :.;J .. . y~ "1 C> a '=' r-;"'1 C) 1">,) o -n ::-::-1 CO _,:...i t,O --1:.. -;',:::-:-:; t':,~ ,.:';') ":.> :J."] -( ~.:) :'.) t,O . .'~ - ~-. . ~~~<.~ .~ . ~" "H''''-;;<''' ,'I .1 _I . I [ '~'C 'I ~, _~ . ."t SHERIFF'S RETURN - REGULAR J . 'CASE NO: 2000-08878 P ? COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION VS SMITH ROBERT D ET AL WILLIAM DIEHL , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SMITH ROBERT D the DEFENDANT , at 0010:45 HOURS, on the 4th day of January 2001 at 8 WALNUT LANE CAMP HILL, PA 17011 by handing to CANDACE SMITH (DAUGHTER) 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 18.00 6.82 .00 10.00 .00 34.82 ?~~t R. Thomas Kline 01/05/2001 FEDERMAN & Sworn and Subscribed to before By: PHELAN ~J Depu. Sheriff me this /6 ~ day of {),,,.... .2erorA.D. ql < Pf'-" . Q 'Jnd/,L.J. ~ othonotary ^"iio'~--~~ " ..:"l 1:,,, II , -j SHERIFF'S RETURN - REGULAR , CASE NO: 2000-08878 P , COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION VS SMITH ROBERT D ET AL WILLIAM DIEHL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SMITH ANN M the DEFENDANT at 0010:45 HOURS, on the 4th day of January 2001 at 8 WALNUT LANE CAMP HILL, PA 17011 by handing to CANDACE SMITH (DAUGHTER) 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 6.00 .00 .00 10.00 .00 16.00 So Answers: ~~~<~ R. Thomas Kline 01/05/2001 FEDERMAN & PHELAN Sworn and Subscribed to before By: w^Q.~ Depu eriff II>-- me this /(;J ~. day of 0'''JJ~''f ~ / A.D. q't"o/J 7h,#;<- '1 ~( r thonotary ,_. -- '1 .', , .' , " ~.,:,. _:] .h'WC'"I~ AFFIDAVIT OF SERVICE PLAINTIFF CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION CUMBERLAND COUNTY N 0.00-8878 DEFENDANT(S) ROBERT D. SMITH ANN M. SMITH --- Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 6, 2001 SERVE AT 8 WALNUT LANE CAMP HILL, PA 17011 SERVED Served and D1ll.de known to AtJ tJ M, ~ 1M ; ~ , Defendant, on the at~rJ.j5"' 'O'c1ock-a.m.,~t f3 ()Ss.If'lvrl f..-.-otJ '<..' C"dVV< f / (} I~ H-" \ \ day of ;A iJ'I'lC l.. ,200_1, , Commonwealth of Pennsylvania, in the manner described below: X 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: rr-- _' ( '//) .. I ( Descri tion: Age :J'b Height.!J (J Weight i.I!!.. Race ~ Sex _ Other I, C 'Otz. qJ c. oQ... /-., C;J.K, t : ~~petent 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 stV'.l'9ribed b~.thi.S~daY of '2001~ Notary: y. ) . 0' By: /@q9- Mo..-ed Unknown Not a Stacy L. Heefner, Notary Public Chall$.E\\libUrg !ll>ro, Fran~ln Cg~ot,ock .m., befendant NOT FOUND because: ~tftMt{'lSSiOn~^J.llltI~ 1'\ug. ~, 2002 Member, Pennsylvania Association ot ades..t _ No Answer _ acan On the _ day of Other: Sworn to and subscribed before me thi$ _ day of . 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 ~~<q'" "~m:iimil!.th~*Wq.~,j"l>l)~~~~<M.i'~'ki&d/i'kW"":>:W""';;-t:'M1,*,,;:it,#"~&!iill:Jiiiili'g' '.~~.,,~." "- -"<. ,I. "'""~.=";"1~~~~"'"".~~"""<mil1 1-'][""'" ~"W""', ,,---,- "!i!Ili!1!liHL . (') C.) 0 C -n 5: ::x "'0'..-.") """ rntn -T1 ~:l) AJ .-= C~ N ,,~ ..,.'J U)-i';-; (~::1cS -<.,,- ~C::) .i:J -'-,""-','; ~O 3: g~~ >8 ':? --1 ~ c..j )> Xl --I -< -A J ~~ ., 'i k, 'J, ALl_ ~d~il*lif~~' '1 ~]li:,"i , ~ AFFIDAVIT OF SERVICE PLAINTIFF CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION ROBERT D. SMITH ~ ANN M. SMITH CUMBERLAND COUNTY No.00-8878 DEFENDANT(S) Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 6, 2001 SERVE AT 8 WALNUT LANE CAMP HILL, P A 17011 Served and made known to at q \ 1..\.5, o'clock 'C\,m., at SERVED RO~'e~-t 0, SIN" ~ , Defendant, on the E3 W9-\tJS~ h'O-'{-J'L , , Co"'-^ f 16 f.l, H- ill day of tM. fa.RC,," ,200J, , Connnonwealth of Pennsylvania, in the manner described below: 'X . AN tJ IA. Sl<AJ,~. Notarial Seal Stacy L. Heefner, Notary Public Sworn to and s1.J~~?ribed Chambersburg Bora Franklin County b r. thi lb!It::- da My Commission s g. 5, 2002 ~ n ~o~~ s '2~Y //"" I M.mb.~~~nnsYIV I. s atlonolNolan~ ~ Y:r' 0' ~\lfV NOT SERVED On the ._----'-_ day of ,200_, at o'clock _.m, Defendant NOT FOUND because: , lVioved Unknown No Answer Vacant Other'. Sworn to and subsclibed before me 'this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 ~~M:..>\r.~~~i~~~iJIil'~Ri;t12ffi;"";:""'<"'~""":""""i"';J"iih'ii;;,''<:l"''''''im;I~~_M''.''~~ u ~'""'< ""'~1!iM.lIJl!""~"'~""i= ."" M~" .,.-~~~'"~" ~:tl!\:J[:iill~" It' ~ ~~ '^. -M.!~{, ~. (') 0 0 C -n ~ ::l1: -00] :~ ;J mn- ?-::J Z:1:'J N ,-,rn ZC .'.--!;C) ,.': ~ 1. CfJ.....-,-. ",~~ (.J =<..L. ~C -0 ~T:::;.c, J>C ~ Qc"5 2) -;~:::ri'; :pO ~? :::{ c "7 :...:> 'po ::'!. ...... ~ '." ~ ,,~,- ,~~~ ,~ '" .'_", "~""_,, ""',"~'i',~ ~nJ - ?< At, .Ie ,U i ' '->'~---~ j ',' ,'I -,. '~';, . SALE DATE: JUNE 6. 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES No.: 00-8878 CORPORATION vs. ROBERT D. SMITH ANN M. SMITH 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: 8 WALNUT LANE. CAMP HILL. P A 17011. As required by Pa. R.C.P. 3129.2(a) Notice ofSa1e has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Mfidavit No.2 (previously filed) and Supplemental Mfidavit 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. ~ FEDE , ESQUIRE Attorney for Plaint ff August 16, 2001 J '"~ 1-,- _<;,iL,,"i.o).-,"", ',.ii", -,-,.' 1-,-, < CENDANT MORTGAGE CORPORATION, FIKJA PHH MORTGAGE SERVICES CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION ROBERT D. SMITH ANN M. SMITH NO. 00-8878 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) CENDANT MORTGAGE CORPORATION, FIKlA PHH MORTGAGE SERVICES CORPORATION, Plaintiff in the above action, by it~ attorney, 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 8 WALNUT LANE, CAMP HILL P A 17011. I. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) ... ROBERT D. SMITH 8 WALNUT LANE CAMP HILL, PA 17011 ANN M. SMITH 8 WALNUT LANE CAMP HILL, PA 17011 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 "' I ~ " '," ,10 ~ <",' "t _,l-,j~"j" ~" <",;,-1'[ \ 0 ,cc,' 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please 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 intc:rest 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 8 WALNUT LANE CAMP HILL, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, JP A 17013 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. February 14. 2001 DATE /t;:;~ ~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff " ,.." ,i '"L; ',' ': ' , r,~,'-'",,,.{ ,;1, -' ~"".~'...,~ '~L, DATE: 02/14/01 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S) ROBERT D. SMITH ANN M. SMITH PROPERTY: 8 WALNUT LANE CAMP HILL, P A 17011 Improvements: Residential Property CUMBERLAND COUNTY The above-captioned property is scheduled to be sold at the Sheriffs Sale on JUNE~ 2001, at 10:00 a.m. in Cumberland County Courthouse, South Hanover Street, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. LH '"-'~...-- i :fl~ "I, ,I"";, ,'j,. .. 0>2 ....co.. "'co 3 I C,I " ., " = " .. Co'" ~ " '" = -"=~' . ., Co '" .... "" w I \Jo . ..., 0, .... '" 00 0 "'..., .... , .. 0 .... .... - 0 I> ~ it .... .... w '" ;1 . - \Jo "" o' ~ Z t"'c ii' (ii' 3 Z "or C 0.. ~ ....""t;l " oro '< ~ ~ :.:l;1:;l '" -0 . ~-c~ 0 0. Z "" ~ ~ t) ..., ~ -= ~ ~ "" = 0 :'t"l~ S a g, .. " co 1:: ....a'" '" ~ >~-c ~ - 0 0. ~o' ~. 0 " " ~ ........= ~ E ~ g . ~;"~ ::t Z " o. <=>Nt"'" ~ [ '0 '" N~~ . c ya :i 0.3 ~or ~. p. -:lg; ... 0 s. o 0 .~ i:l 00 ~ - ,,~ '" 0. " O:J< 0 ~ '" '0 <=> Big :.:, ...., !a <=> o . n . ~ c ~ 0 S =: ~ 0 c:r' . =-:i co ..., > 0. ..., ::!.. l' 0. 8- 0 i:l ~ ~ ~ tn'" 3 ~ n ~3 0 o . '" n '< ~ . - i:l ~ . . ~'" 9 '" ~ - z '" ;:c: ~ ~ ~ ;:; 0 i? .t-< ~ i 1:' 0 I ;:c: 'd . >- s: i gj 0 i I - " 0 -..J I ~ 0 - - [/.l q- co .Sl ::: , ,( n ~ 0;' - .co ~ ~ ~ - -..J o - '" , .L , I I ~. . .....~D~~J~ .:l- ~\....:.,~ _.__~~. ,a..~-8'OI.:!:i~~r/j~,f}"'i'~~~, ~'''o' :, 0, .l;.C '.f' " . .P{J.;"rA~1Y --:- ' o .'- ,'~ . '"0,," ,. . ',' ,.04 {~ ~f' /! -,,,,,'" .1": ~ 60o~i;~~ I~ . s Q:~ ;; . ." /.:: i 1 -Ul..... rJ>." . ,"." -f _'" ,1", ' .. ''"'"-'-', ',i/ I 1 -1"t}~'~'r '" !a . '8 I 1 ." . . ~ - , -" -1- .,-:-",j:,~ "">"Kd:",.,,;_,,~, """""'1:'" , SALE DATE: JUNE 6, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CENDANT MORTGAGE CORPORATION, F/KJA PHH MORTGAGE SERVICES No.: 00-8878 CORPORATION vs. ROBERT D. SMITH ANN M. SMITH AFFIDAVIT PURSUANT TO RULE 3129,1 AND RETURN OF SERVICE PURSUANT TO Pa. RC.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 8 WALNUT LANE. CAMP HILL. PA 17011. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit NO.2 (previously filed) and Supplemental Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy ofthe Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. FEDE , ESQUIRE Attorney for Plaint IT August 16, 2001 ~~~~-C%,il'~:b>;S;(i"~~f<iIi_~i*lS\~!!<ii",r~'-ftl:.t~!U"Ui;~cii,~fiIiiNiW:liB;__1l ",- ~v', .- " ""'",. ~, p, ~"""""",'~,,-. '.-. ~ ~. -,' ~~,~ ~~ o C ? -q\-:, (11\' -/ ~, ?::;:" er- e.<' \~ :1, ('--J .n " .'.J .."" r:-:i ." ~") ",)r\ I , :.:u_ -<.. J'I. 0) AAi - , ' ",,:.;1..' ^~" ' -~ .. . FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Two Penn Center Plaza - Suite 900 Philadelphia, P A 19102 (215) 563-7000 Attorney for Plaintiff CENDANT MORTGAGE CORPORATION F/KIA PHH MORTGAGE SERVICES CORPORATION 6000 ATRIUM WAY MT. LAUREL, NJ 08054 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff : NO. 00-8878 VS. ROBERT D. SMITH ANN M, SMITH 8 WALNUT LANE CAMP HILL, P A 17011 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against ROBERT D. SMITH and ANN M, SMITH, Defendant( s), for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest 11/01/00 TO 02/08/01 TOTAL $109,079,90 $2,065.00 $111,144.90 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. .1 MLKJv 4~ Ai fllYtiJ/]0 FRANK FEDERMAN, ESQLITRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED, DATE: hL J::l. 2Dof . ~h~mY "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOVSL Y RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A'ITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. .. " ~ - I, , _ ,j:," " i i,_,,; j ,",";., , ',;,;k. J, ;,_" l~; ~, ~" "--I~,i .. FEDERMAN AND PHELAN, L.L.P. Frank 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. 00 -8878 ROBERT D. SMITH ANN M. SMITH Defendant(s) f'~'\ <'-<, \J ~ TO: ROBERT D. SMITH 8 WALNUT LANE CAMP HILL, PA 17011 DATE OF NOTICE: JANUARY 26. 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 - ~-~ ~-'- , 1 " > ',-"-.,',,' _.In -~ ,"'I '<z;.i, 0'" ,_. '~''-, ~ FEDERMAN AND PHELAN Frank 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. 00-8878 ROBERT D. SMITH ANN M. SMITH Defendant TO: ~~~ /', ,-J ~~. ,,,) ""4 +" '~,\ "<; ',\\0> 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. ANN M. SMITH 8 WALNUT LANE CAMP HILL, PA 17011 DATE OF NOTICE: JANUARY 26. 2001 1:, I:: r: ;; !.j " ~1 " 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: " ;1 ;i ~1 CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOClA TION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff .~ "' 1,{ ...1- , "c_~ ['1 'h ,. FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff CENDANT MORTGAGE CORPORATION FIK/A PHH MORTGAGE SERVICES CORPORATION : CUMBERLAND COUNTY : Court of Common Pleas : CIVIL DIVISION Plaintiff vs, : NO. 00-8878 ROBERT D, SMITH ANN M. SMITH 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 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 of1940, as amended (b) that defendant ROBERT D, SMITH is over 18 years of age and resides at 8 WALNUT LANE, CAMP HILL, P A 17011. (c) that defendant ANN M, SMITH is over 18 years of age, and resides at 8 WALNUT LANE, CAMP HILL, P A 17011, This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ltJ1g/Y)G 4-e1i/ 17~ FRANK FEDERMAN Attorney for Plaintiff - ~ .:', ,:, ',,- "-i, ~,'-' ~- ~ L, '>~c, ,,",.,L: - '~ ~ (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 Plaiutiff VS, : NO. 00-8878 ROBERT D, SMITH ANN M. SMITH Defendant(s) Notice is given that a Judgment in the abpve captioiIed matter has been entered against you on FEBRUARY '.:L . 2000. . . ~,l)-?o,,2.~~y..nsEPUTY If you have any questions conceming tIus matter, please contact: FRANK FEDERMAN. ESQUIRE Attomey for Filing Party SillTE 900 TWO PENN CENTER PLAZA PHILADELPHIA. PA 19102 (215) 563-7000 **Tms 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. ** m"";,r- """-'Jlj:iM.~~f.M~i"c~'"-'~'g~ii;ijOw#Ji-"!~'fV'~I'~~~_.""~-';~"~; '. "> 'ijjf ~ 'JL!l!iriit~~~' ,,~ ."'r"'1fr_ '.~. ,. '>'C, " "'~"' "" "'1 .. ~ o/g, t~ -.0 Cl c::; 0 . 8 c " -'~ ..." -rJC.i..^! ~--q rn'f1' [;0 - ~-=, - ;Z'" ~ - ~^. ~ ~ fI! /' i -J :.:~} (i)~> N '':':'~{;,) -<...- '1 ~ ~C~ .. r~ ~':-, -0 ,::--,--'1 ~ -'--"'0 -L. ':-)0 ~ Z -' ~ ;;0 '-:? ;~';m 1- c :::~ Z 55 - =2 -< ~ o~,,~~_ ~ ~ ~I .- ',I , .~ ' " ." , , ; '__'1" ;, .',,_' ,~, "_0" k. '1<- . . , PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CENDANT MORTGAGE CORPORATION, FfKlA PHH MORTGAGE SERVICES CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 00-8878 ROBERT D, SMITH ANN M. SMITH Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $111.144.90 ..; Interest from 02/08/01 - 06/06/01 $2.155.86 and Costs (per diem - $18.27) $ 113.300.76 TOTAL ~~~ FRANK FEDERMAN, ESQUIRE ONE PENN CENTER at SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 Attorney for Plaintiff Note: Please attach description of property.No. . ~ , . _~".~ n, _ ___~" ~ _, ~~ :: >- '.0 ~ a: ~ f--' l.i.lQ (") :::><( e~t) Oz :c Q 0... <( ,,' ~L D~ yl:5 -7r E~~ ~i~ N ;jCl) .2 CO UJ6) <If.::'': ~~ :lC. I":) 1":).... ~ >'!j ":l l"'1 c:lZ <::> ~. ~ ~Z - ;0-3 0.. '" .... P.- 2:;t:::l '" t l"'1= '" >~ ~ I":) ~~ .... ,-,":l ":l0-3 I":)oo:;tl > ~l"'1 :;tI I":)~~ >0 ~~O .., o "'J ~~ O~O ~~ 0 ~ ::1.0 >-l ":l~~ S ~:;tI Zl"'1 ~O~ 1":)0-3 ~ =Z~ ~ ~~ ~~ O~~ 00 ;J~~~ S' <: c:l"'J N .... oot:::l ~ ~~C'l ~I":) 0 Sl 0-3 0 ",' t"' '" ":l ~ 0 ~oo 0-3 l"'1 ><0 0 - ~ ~~ ~ S. ....~ ....C'll":) . ~ > a \ O"'J 0-3.... 0l"'10 ":l~ ~ !>l.... 0-3 ~ :; l"'1 =0-3 Z~~ l"'10 '0 -.J = .. ~ = Zz 'I c ~ ~O Z":l '" .... ) I":) .... "'t"' S c:l I":)~ ><l"'1 ~ 0-3 t"'> 0" .... l"'1.... ~~ ~I":)OO~ 0 "'0 Z ?< ~~~Z ...."'J > '" ":l ~ p..=Z. "'c:l'" t"'0-3~ t"'t"'.... ;~0-3 > = ....l"'1 -.J c .... .... . . , ~ . "~ -,' , _.,~,~ ~ " ,'" .''''-''''~ "''0',,' ,.,-....1'"",,;" ~.~rl\~,-~~-';1~'Ji'I~_:,,'iil;1"h";l"m;r>a~~B__..~~"~_~~~~1?~,L ",',"~.~~~. 'i. .1, , ~ .,. "",," ~ J)lII!M': , . . , r DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows. to wit: . . BEGINNING at a point on the Northern line of Walnut Lane, (50leet wide), at the dividing line between Lots Nos. 7 and 8, Block "F", on the hereinafter mentioned Plan of Lots; thence along Lot No.7, Block "F", on said plan, North 31 degrees 39 minutes West, a distance of 85.00 feet to a point: thence North 48 degrees 15 minutes East, a distance of 72.27 feet to a point on the line of Walnut Circle; thence along Walnut Circle by a curve to the right having a radius of 30.3 feet, a distance of 35.87 feet to a point; thence by the same South 31 degrees 39 minutes East, a distance of 44.55 feet to a point of a curve; thence by a curve to the right having a radius of 25.0 feet, a distance of 39.27 feet to a point on the Northern line of Walnut Lane. 50 feet wide. aforesaid; thence by the same, South 58 degrees 21 minutes West, a distance of 65.00 feet to a point, the place of beginning. BEING Lot No.8, Block "F", on the Plan of Lots of Cumberland Park, which said Plan is recorded in the Cumberland County Recorder's Office in Plan Book No.5, at page 22. HA VING thereon erected a single family dwelling house known and numbered as 8 Walnut Lane, Camp Hill, Pennsylvania. BEING Tax Parcel # 13-24-797-41. RECORD OW~'ER TITLE TO SAID PREMISES IS VESTED IN Robert D. Smith and Ann M. Smith, his wife by Deed from Louann Ensminger dated 4/19/96, recorded 5/2/97, in Deed Book 138, page 688. ,,- .- i~.~~%it~ij~~~~'~W.IWl!'~W4\ili.~~~~i~'I" r-u:v ~ ~- \-- '-" ~ "' " ",~~"",---,-,,,,,,,,"",,,.,,"~g,~ --".. -.~ , ,,~ ~,~, ,,,",',",. ,,,~-. r-(~ r' ~ <ct i --I gl I J - ~ 9-..:, \~ 9--r _; -~'''~" 'N ~ "...... "'"~d,.'"'- 1 ;~ ..'-'-. <:J-. C' ~ . g <::--... s: "" -0 CG ". >t ~g] ~' m5;: 85 ~ _ ~\,J ~ ........."'->~8 .-C) ~ ~~~.;l;>~ "'<0 e !'v C:J o -'n :1: ~~o :D ,- jjl:5 ()/J ....--\.....' __T_-'-\ ----''-'." ";:;.z') (Sln -' ?ri '-< IN -p .~. ~.;Il~ ~? - ()'\ ~ , . ." , ,<< II k 1_ "0 __oj ,-, _"J,. --' ',,;.,~ f'>,;:t,_ ~;"'_, . . CENDANT MORTGAGE CORPORATION, FfKlA PHH MORTGAGE SERVICES CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION ROBERT D. SMITH ANN M. SMITH NO. 00-8878 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) CENDANT MORTGAGE CORPORATION. F/KlA PHH MORTGAGE SERVICES CORPORATION, Plaintiff in the above action, by its attorney, 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 8 WALNUT LANE. CAMP HILL, P A 17011. 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) ROBERT D. SMITH 8 WALNUT LANE CAMP HILL, P A 17011 ANN M. SMITH 8 WALNUT LANE CAMP HILL, PA 17011 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 I'" ~.. "L i' lc',',_ -,;,L 0 '", ."" '" .. 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please 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 int'erest 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 8 WALNUT LANE CAMP HILL, P A 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 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 14. 2001 DATE ~~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff " ~~~~fu1tl-!ii""Tllil!-:I'cl?~W:l,,-~m-;'__l...IIi~" c~~, ,,". ,.c,. ,. _ ,...,. "'," ,- ~, "" , .". .""""",,,,~,~,_,.I""N ~ .., ~"Wii:fi!ltl'!~~""''''''''""''- ... ;~~~_t'mlli'_~c:L j~,- ..' '. ~ " 0 C- O -' C -n -~ :;::. So ~ -0(.0 ",. ;;0 - 2,n .-.?t~Q ::D &;S~ -~-I <..-.i N -.. ! c:.>(,-.) ~6 :-;! ~"rl -0 ,,~.. " (l'__ ~O :::,; .:fC) .'~- \\1 -0 ':? 9, J;-c ~ 55 0' '< . ,,. ^ ~. 0 ~...." I , I, . lr 'f'e_ FEDE~andPHELAN By: FRANKFEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION, FIK/A PHH MORTGAGE SERVICES CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v, CIVIL DMSION ROBERT D. SMITH ANN M. SMITH NO. 00-8878 Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the PlaintilIin 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 unsworn falsification to authorities. ~~~- FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~~_Mi!;~i'!Iijmimil\jjj~~~wi&,~,*,~';'~'''ba;j'''\''''I~w_'' ,,-:'."', II ~~ u,"_. ~._~"~ ~,~--~" ""'Or ~ ""!i_'_~_.'.... , g 0 ~ s: :; ..-\ -oCP :P :'-:--n ~11l ;;<J r~ 1, ;:.:::;: - ~3t? zt;;'. N (f)Z -~::~C) 26 -0 T.'~\ '< ::;;: S:~2 ~o -0 ra ql\i J:>c: ~ ~ Cl" '< ~~".. ' , I. , ~ 1 _I ~ allliOiC..iaJ.;I'AA"':' , CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION Plaintiff, CUMBERLAND COUNTY No. 00-8878 v. ROBERT D. SMITH ANN M. SMITH Defendant(s). February 14, 2001 TO: ROBERT D. SMITH ANNM. SMITH 8 WALNUT LANE CAMP HILL, P A 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE 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 8 WALNUT LANE, CAMP HILL PA 17011, is scheduled to be sold at the Sheriffs Sale on JUNE 6. 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, FIK/A PHH MORTGAGE SERVICES CORPORATION (the mortgagee) against you. If the Sheriff s sale is postponed, the property will be re1isted for the SEPTEMBER 5. 2001 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000, 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ,--, ,-~ ---~.~ , 1- '_ _.. ~,l :" "...L .~C".~~'l-",;, ; You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out 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 ofthe 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, lP A 17013 (717) 249-3166 (800) 990-9108 '.i -" i . " 'Ie ~""~ ( DESCRlPTIO~ ALL TH.-\ T CERTAI;-.I house and lot of ground situate in the Township of Lower Allen, COUnt:/ of Cumberland and Commonwealth of Pennsvlvania, bounded and described as follows, to wit: BEGI:--i)iI:--iG at a point on the Northern line of Walnut Lane. (50 teet wide). at the dividing line between Lots Nos. 7 and 8. Block "F", on the hereinafter mentioned Plan of Lots: thence along Lot )\;0.7. Block "F", on said plan. Nonh 31 degrees 39 minutes West, a distance of 85.00 feet to a point: thence )iorth 48 degrees 15 minutes East. a distance of 72.27 feet to a point on the line of Walnut Circle: thence along Walnut Circle by a curve to the right having a radius of 30.3 feet. a distance of 35 87 feet to a point; thence by the same S8mh 31 degrees 39 minutes East, a distance of 4....55 feet to a point of a curve; thence by a curve to the right having a radius of 15.0 feet. a distance of 39.27 feet to a poim on the Nonhern line of Walnut Lane. 50 feet wide. aforesaid; thence by the same, South 58 degrees 21 minutes West. a distance of 65.00 feet to a poim. the place of beginning. BEI)\;G Lot No. 8. Block "F". on the Plan of Lots of Cumberland Park. which said Plan is re~()rdeJ in the Cumberland County Recorder's Office in Plan Book No. 5, at page 22. H.A VI:--iG thereon erected a single family dwelling house known and numbered as 8 Walnut Lane. Camp Hill, Pennsylvania. BEI)iG Tax Parcel # 13-14-797-...1. RECORD OWNER TITLE TO SAID PRE\,.!ISES IS VESTED I)i Raben D Smith and Ann M Smith. his wife by Deed from Louann Ensminger dated +19196, recorded 5,2,'97, in Deed Book 138. page 688. ~ .... .~ ~i.:~_~~ijli*~#.ir"j(fh,dfu~~~M-*'~"";;'i"ill~"i~:;'S",lW>;i!"",,*dh.,'_4ii~~~~"~~'~~~'_~~m.~1~~"""""'~"~'-1 JI rJ'- , ~ ~.' " -'~ ! , ~ 0 ~ :JC. __,I. -0 eo "" ~~,% rn'~' ,0 :z :rJ i);r;:;: Iv I:?i~~'- ?" ~6 -0 _.:--n;' ~. c;B ?ZO .... /i'7.,rn -0 '-t? 9 J;>C ~ :2~ - -~ (1'\ -<. -<: j I - ~ ~_ ...~ n. "_ ,_ - - I,~ >. "l 1<'1 " ~' ~ 1.,_ ,J -,.__ ;'-[ - ,"l" ~ ~.i!' , . PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CENDANT MORTGAGE CORPORATION F/KJA PHH MORTGAGE SERVICES CORPORATION Plaintiff, CUMBERLAND COUNTY No. 00-8878 v, ROBERT D, SMITH ANN M. SMITH Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $111,144.90 Interest from 2/8/01 to 12/5/01 (per diem - $18.27) $5,481.00 and Costs TOTAL $116,625.90 " FEDE , ESQUIRE PENN CENTE at SUBURBAN STATION S TE 1400 P ILADELPHIA, PA 19103 Attorney for Plaintiff Note: Please attach description of property. No. i;i ~ I '-- - "..." - " . .~. - I"l I"l... i >tj "ll trJ ;~ ~. ~ ~z - C1l / P.- ~~ trJ= '" I"l 15~ ~ ~ ... ~..., 'ilil ~g @ QO ~ I"l=~ ~ o ""J o~o I:li:l:l 't:l ::1.0 ~gJ I"l"" ~ a:i:I:l igo~ C1l Z ~~ Z~ 0~C'l 00 iil ~""J S ~ ""J~ ~I:l -< ~C'l~ ZI"l ..., ~ ~ ~ ..., . . ...,~trJ ~O t'" 0000 0" ~ 0 ~~ OtrJl"l ;i C1l O""J ZOOO '" = trJ ...,..., trJO C1l trJig :;! .. ~ == ~Z C1l I"l ~ ~O po ~ I"l oo"ll ~ ...~ ts~ "ll ..., I"l..., -<:> = ... trJ... 0 000 ~~ ... t'" Z Z r >""J ~ .... -.J C> .... .... ~ ~-''\'''' " <~'_ r""" ~ " ~=",!.. 1>1f' " r,- _, ,,~2 'l!'iWil~11l~;IlUII.~~IIMI8!~~Il1>~%~ilWP')ij''';,i~~2~1'''!,S)''''''~liX0loj1l-::~1'iR~~~~';;$fj'r.H1'f''''!if,"''-7>f':F;T-mfJ1)fliiR~~r - ,,' ~': - ~ '='~ . . DESCRIPTIO"'" ALL TH.-\. T CERTAl:-.i house and lot of ground siruate in the Township of Lower :\llen. County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows. to wir: BEGIN'\ING at a point on the Northern line of Walnut Lane. (50 -feet wide). at the dividing line between Lots :'oIos. 7 and 8, Block "F", on the hereinafter mentioned Plan of LllEs; thence along Lo[ NO.7. Block "F", on said plan. North 31 degrees 39 minutes West, a distance of 85.00 feet 10 a point: thence '\orlh 48 degrees IS minutes East. a distance of 72.27 feet to a poim on the line of Walnut Circle: thence along Walnut Circle by a curve to the right having a radius of 30.3 feet, a distance of 35.87 feet to a poim: thence by the same S"urh 31 degrees 39 minutes East, a distance of 44.55 feet to a point of a curve; thence by a curve to the right having a radius of 25.0 feer. a distance of 39.27 feet to a point on the ~orthern line of Walnut Lane. 50 feet wide. aforesaid; thence by the same, South 58 degrees 21 minutes West. a distance of 65.00 feet to a point, the place of beginning BEING Lot NO.8. Block" F". on the Plan of Lots of Cumberland Park. which said ,Plan is re~orde::i in the Cumberland County Recorder's Office in Plan Book '\0. 5, at page 22. HA VI'\G thereon erected a single family dwelling house known and numbered as 8 Walnut Lane. Camp Hill, Pennsylvania. BEI'\G Tax Parcel # 13-24-797-41 RECORDO\V:'oo"ER TITLE TO S.\ID PREMISES IS VESTED 1'\ Robert D. Smith and .\nn ~1. Smith. his wife by Deed from Louann Ensminger dated 4'19/96, recorded 5'2:97, in Deed Book 138. page 688. , ~ .~ ~- .."~~'l:~",*,-:f\;ffi",~!!,t;';IOtHi$lM'~!'Wi!l!li1lLMf4~ll~",",h",~",H[I"Jj'i",N>'iJ:fii~'If'~~ ~'.J .....""""~ . -- ~c..~~=mf~j~'" ~." " ~.;"" .~, . ~ ..... Cov "IQ. () -4.. i? 0' ~ ~ 1 t >- 'lO, 0 0 8 o frt 8 "'il> 8 g '1 8 ~ s:: (f) .~.! \) 0 "'U(J] I""l ~'~~5 I . mm -u B J I rF! Z:.tJ "'9 ~ zc 0 :~~ (? ~ ~2: f'- ~ ... "- ~ ~ ... ~o -a f~~O W ... ... :l:: .... ~o i:jr.n W J\~ ~ --0 f:-;> ~ r ~ Pc o;;:! .., -:; z :.n 5:1 .., =<! w -<- ~j J ---,.. , . '. _~,. ,I " ,^~ .. ,.1.. _::,-t .' ".,~" '~'Ci', ~~ CENDANT MORTGAGE CORPORATION FIKIA PHH MORTGAGE SERVICES CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v, CIVIL DIVISION ROBERT D. SMITH ANN M. SMITH NO, 00-8878 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 8 WALNUT LANE. CAMP HILL. P A 17011 1. Name and address ofOwner(s) orreputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) ROBERT D. SMITH 8 WALNUT LANE CAMP HILL, P A 17011 ANN M. SMITH 8 WALNUT LANE CAMP HILL, P A 17011 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 _..~~~ ; ---I J >'.' 0 ,I <'j,L ,__, ,;1- ~" -.,. ,. 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please 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 8 WALNUT LANE CAMP HILL, P A 17011 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. September 5. 2001 DATE .""~ '-"-Hill#K!ll~~~!fL~J,~~-j,--{;~jii'!.!:-OO-'M~ti;!~\Y.i1ill~ii.Ih-~~\Li'",",:dblil~!'"'rJff,""l~,...-~~'!li~!W:rI!il_l.r ~ "~"-, -~^ ",,, ~j~";"'~ ~""'r' i''''~'~'= '" ,. H '" -...,.-. 0 0 0 C "T1 s:: r.n -4 -00:1 rT1 -X-n mfT' -0 ~ flr= Z:JJ -om ZS; c::> :;'9 CJJ_..: "~!:) ~..::::" ~c; -0 I=M j5: c:' ::Jl: f4(") zc~ N nrn >c: "" '" :.11 ~ -4 -( W '< /f,j , ",' .t,-., l"-';:,,.~~:, ,;: FEDE~andPHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Statiou Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION FIKIA PHH MORTGAGE SERVICES CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION ROBERT D. SMITH ANN M, SMITH NO. 00-8878 Defendant(s). 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. e.s. Section 4904 relating to unsworn falsification to authorities. --i F FEDE , ESQUIRE ttorney for Plaint' f :~~~~;aI~~_~~l\;i,@w",!l:"",,""'C.J$RO'J"(W"'-bf~;!:r.l.a~mMiilitiliilllill ~"~I""""'~~"'iiiWil~J;;,. ~~, -<, ~ "! In'lr - -~ ';"'~"ii:' 1"- -. ~""'""'~: 0 <::> 0 c: -n ;;;:: U') --4 "0 UJ ,., o'l:TI rnm "'0 Z:O ' r- Zs;.: -am 0 ";,0 ~'2~:' ~~6 kC] ~ ~"r ~--n >c ::;!: ,;;20 z' .-0 r:-i' am )>c 2:: U1 ~ ~ w -< l!1 _>"I,,} , I,;,] L - ~~~,~, CENDANT MORTGAGE CORPORATION F/KJA PHH MORTGAGE SERVICES CORPORATION Plaintiff, CUMBERLAND COUNTY No, 00-8878 v, ROBERT D. SMITH ANN M, SMITH Defendant(s). September 5,2001 TO: ROBERT D. SMITH 8 WALNUT LANE CAMP HILL, P A 17011 ANN M. SMITH 8 WALNUT LANE CAMP HILL, PA 17011 ""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 A ITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."" Your house (real estate) at 8 WALNUT LANE, CAMP HILL, PA 17011is scheduled to be sold at the Sheriffs Sale on DECEMBER 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 FrKJA PHH MORTGAGE SERVICES CORPORATION (the mortgagee) against you. If the Sheriff s sale is postponed, the property will be relisted for the MARCH 6,2002 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 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. ,>" -" '-~ . "'~ <<->". '.'.1 '&._._ ' v, L'-j ,;it. I ""i,_ ~~~>'~;;$1<1<i6'_" , , You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheniff 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, P A 17013 (717) 249-3166 (800) 990-9108 ~~ I -" ~ "'I 0 - I , DESCRlPTIO:-'- A.LL TH.\ T CERTAI.\i house and 1m of ground situate in the Township of Lower ;l.,lIen. County of Cumberland lnd Commonwealth of Pennsylvania, bounded and described as follows. to wit: BEGI.\iNI.\iG at a point on the Nonhern line of Wllnm Lane. (50 -teet widel. ;:n the di\iding line betwe::r. Lots :-'-os. 7 and 8. Block "F', on che hereinafter memioned Plan of Luts: thence :J.long Lot Nu. 7. Block "f", on s:J.id plan. North 31 degrees 39 minutes West, a dist:J.nce of 85.00 feet to a poim: thence :-'-orth 48 degrees 15 minutes E:J.sr. :J. dist:J.nce of 72.27 feet W :J. poim on the line of \V~lnut Circle: thence along \V~lnut Circle by a curve [0 th:: right having :J. r:J.uius of 30.3 feet. a distance of 35.87 feet [0 a poim: thence by the s:J.me S<1uth 31 degrees 39 minutes East. a dist:J.nce of -1--1-.55 feet to a poim of a curve: thence by a curie to the right h:J.\'ing a raeius or 25.0 feet. a dist:J.nce of 39.27 feet to a palm on the :-'-oru.'lern line or Wllnut bne. 50 reet ',vide. afores:lid: thence by the same. South 58 degrees 21 minutes Wesr. a distance of 65.00 fe::[ to l poim. [r.e jJi:lc:: or beginning. BEING Lot "'0. 8. Block "F". on the Plan of Lots or Cumberl:J.nd ?:J.rk. '~::icl1. Sc.id.?lz. is rec,)rd~j in the Cumberland Coum;: Recorder's Office in Plan Book "'0. 5, at p:J.ge 22. H.\ VI",G thereon erected a single f:J.mil;: dwelling house krlOwn and numbc:red as 8 W~lnut Lane. Cunp Hill. Pennsylnnia. BEI",G Tn Parcel # 13-2-1--79-;'--1- 1 RECORD O\V:'-iER TITLE TO S.\ID PRE:vIlSES IS VESTED I'" Robert D Smith and .\nn :vI Smith. his wife by Deed from Lou:J.n.l1 Ensminger dated -1-,19i96. recorded 5.2.9"', in Deed Book 138. p;,lge 688. , -- ~~~l'ili;1?~Jff"'2;d':14i)ffi;.;;'i\mi,~-iiMiBr_w~&rm'';';;;;~:<-liiliil1t;'-,J:~~;-~_''i;iy<AAf$lmliik~..., "-.".,, L.U I~;alilliillt ~" -- , ~,'~-~ ."<~oi., d, ,,_<._.,' \ ("') 0 ~ c: s: ~ '4 ""(0) T- --n rnrn -U n1;:::::::: z.:r:; Tjf-n ZS- c::> ",,0 en' (~ \ .' -<:7.: :;i<;? !;20 -U ;'~::o ~Q ::!:: ';'~J"O :tU r:: Orn ,- ---; :~ :n ~ w ~ '1'~ - ~~~ ~ , ,- . ...1 -j ^ - _ '~'J: .~ ,U Iiiliu n ~,-. Cendant Mortgaeg Corporaiton, f/k/a PHH Mortgage Services Corporation VS Robert D. Smith and Ann M. Smith In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2000-8878 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing Surcharge Posting Handbills Law Library Prothonotary Share of Bills Mileage Levy Advertising Certified Mail Poundage Postpone Sale Law Journal Patriot News 30.00 30.00 15.00 .50 1.00 25.09 8.68 15.00 15.00 4.35 16.10 20.00 330.50 309.63 $820.85 paid by attorney 09-20-01 ~~~~ This~dayof (J~ _ R. Thomas Kline, Sheriff 2001,A.D.C),r" - O. rn.tII/;.u '~'BY Qtscit.(.5mJ.:it Prothonotary Real Estate Deputy Sworn and subscribed to before me / \. ;;1) Uz..3'10/]9 / {2.u.~, //1 / ']..~ . j,L, ~ I" c ~, ,,_,,_, 11.'"'' ~~ ~""., .. . CENDANT MORTGAGE CORPORATION, FIK/A PHH MORTGAGE SERVICES CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION ROBERT D. SMITH ANN M. SMITH NO. 00-8878 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) 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 8 WALNUT LANE. CAMP HILL, PA 17011. 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) ROBERT D. SMITH 8 WALNUT LANE CAMP HILL, PA 17011 ANN M. SMITH 8 WALNUT LANE CAMP HILL, P A 17011 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 - ~ ,,'1,,".- '\iif\i\or;,,,,, .. . 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please 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 inlerest 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 8 WALNUT LANE CAMP HILL, P A 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 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. Febmarv 14. 2001 DATE ~~~ FRJU{KFEDE~N,ESQUIRE Attorney for Plaintiff '" 1~;:>Iik~'=~ ~ "~~ - L.I 1- ' ,_~.Ji ' L ....." ~ ~ k-;- . . . ~ CENDANT MORTGAGE CORPORATION, FOOA PHH MORTGAGE SERVICES CORPORATION Plaintiff, CUMBERLAND COUNTY No. 00-8878 v, ROBERT D. SMITH ANN M. SMITH Defendant(s). February 14, 2001 TO: ROBERT D. SMITH ANN M. SMITH 8 WALNUT LANE CAMP HILL, PA 17011 **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 8 WALNUT LANE, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on JUNE 6, 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, FIKlA PHH MORTGAGE SERVICES CORPORATION (the mortgagee) against you. If the Sheriff s sale is postponed, the property will be relisted for the SEPTEMBER 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 charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may cal1: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court t,o 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. - - ~~" " '-~r _.1 i. ~".~~, ~';j,iO, ~ You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You maybe 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 sak 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 ofthe 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 schedul<: 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 ATTO~Y REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 "11V~ .~ "~~ .. , ,li,.- ~~;t&t, ~ . I DESCRIPTIOC'i ALL THA T CERTAI~ house and lot of ground sirnare in rhe Township of Lower Allen, Counry of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wir: BEGI:-i:-iI:-iG at a point on rhe Nonhern line of Walnur Lane. (50teer wide), arrhe dividing line berween Lors Nos. 7 and 8. Block "F", on rhe hereinafter menrioned Plan of Lots: rhence along Lor No.7. Block "F", on said plan. Nonh 31 degrees 39 minures Wesr, a distance of 85.00 feer 10 a poim: rhence :-ionh 48 degrees 15 minures East. a disrance of 72.27 feerlO a poim on the line of Walnur Circle: rhence along Walnur Circle by a curve 10 rhe righr having a radius of 30.3 feel. a distance of 35.87 feer 10 a poinr; thence by rhe same S8mh 31 degrees 39 minures East, a distance of ;1....55 feer to a poim of a curve; rhence by a curve to the right having a radius of 25.0 feet. a disrance of 39.27 feer to a poinr on rhe Nonhero line of Walnut Lane. 50 feet wide. aforesaid; rhence by rhe same, Sourh 58 degrees 21 minures Wesr. a distance of 65.00 feerlO a poinr, the place of beginning. BEING Lor No.8. Block "F". on rhe Plan of Lots of Cumberland Park. which said PlaIl is recorded in the Cumberland Counry Recorder's Office in Plan Book No.5, at page 22. HA VI:-iG rhereon erected a single family dwelling house known and numbered as 8 Walnut Lane. Camp Hill. Pennsylvania. BEI='iG Tax Parcel # 13-2..-797-41. RECORD mV='iER TITLE TO S..\!D PRE\-lISES IS VESTED r:--; Robert D. Smith and Ann M Smirh. his wife by Deed from Louann Ensminger dated 4:19/96. recorded 5,2:97, in Deed Book 138. page 688. '- .- L.._~... ..... '. ...................:..'1.:.' ...t'.....'...,.!:.'.i.:....... ~ --_, " ',:: '!"~ ':~'io:~,'.- :a-J ".'u~a ".' WRIT QF,EXECUTION and/or ATTACHMENT . . t R "7 ~r':~ COMMONWEALTH OF PENNSYLVANIA) NO. COUNTY OF CUMBERLAND) I " ~ ' ."~' '" ,," . ~< k -~ '. ' . I . L ,~, llIiI!l~ : 00-8878 CIVIL 19 CIVIL ACTION - LAW TO THE SHERIFF OF CllMRF.RLAND To aatisfy the debt, interest and costs due Mortqaqe Services Corp. COUNTY: from \A Robert D. and Ann M. Smith, 8 Walrtut Lane, Camp Hill Cendant Mortqaqe Corp., f/k/a PHH PLAINTlFF(S) 17011 (1) You are directed 10 levy upon the property of the defendanl(s) and to sell at 8 Walnut Lane, Camp Hill PA 17011. (See attached lega descripton.) I DEFENDANT(S) Real estate located \ /'" (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 10 notify the garnishee(s} that: (alan attachmenl has been issued; (b) the garnishee(s) is/are enjoined from payin!J 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 10 attachment is found in the poasession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as agarnishee and is enjoined as above slaled. % LL Due Prothy Other Cosls $.50 $1.00 Amount Due $111,144.90 Interest 2/8/01 - 6/6/01 $2,155.86 Atty's Comm Atty Paid Plainliff Paid $122.80 Date: March 12, 2001 CURTIS R. LONG by: Pro! onot ry, Civil Division Deputy REQUESTING PARTY: FRANK FEDERMAN ESQUIRE Name Address:ONE . PENN .CENTGER @ PHILADELPHIA SUBURBAN STATIO~' PA ,19103 Attorney for: Telephone: Supreme Court 10 No. PLAINTIFF (215) 563 7000 12248 the Sherift levied upon the d~enaal" in 1iJWe4.A~7~ .~ numbered as: '! t.J AiAt.v.J.lt:UI.Z C,';'>:'" ' ";tl,f~"'""" "-.:.,.....'u"'_.""-_.",'ioJj;i[""~_;;l!i~_~.Hi;;;;.,,~.. ........... . '-"''<'''IOH1Ili.1m~~ -""'''' ..- ~'''''L'., ,<0t . ii~"" i.iI< fY{ o..u..Jt / & / ) aD / interest in the real oropenv Cumberland Coyn1\< ,'" CO-II<f 1fLf2.Q anc'" . REAL ESTATE SnLE No. 50 ~ c::v;l c;nl c:::;:::::J ~ g;;N , op.d on Exhibit II A ., filed wit,., this writ and by this referH.11C,< ncorporated herein. 'lAte: 1f~ /{P,;)COI VINVA1,l,SNN3d : 'l'~" ; '1 :,~ v 8 10. HJ Zt 29;\ lI~H ~~1~1~~~t~~o . .= .. . . By: ~~ ~ D -J~ " "W".. - . REAL ESTATE SM.E NO. 60 Wrtt No. 2000-8878 Civil Cendant Mortgage Corporation F /K/ A PHH Mortgage SeIVices Corporation vs. Robert D. Smith and Ann M. Smith Atty.: Frank Federman DESCRIPI'ION ALL TIfAT CERTAIN house and lot of ground situate in the Town- ship 6f Lower Allen, County of Cum- berland and Commonwealth of Penn- sylvania, bounded and descn'bed as follows. to wit: BEGINNING at a point on the Northern line of Walnut Lane. (50 feet Wide). at the diVlding line be- tw~en Lots Nos. 7 and 8, Block "F", on the hereinafter mentioned Plan of Lots: thence along Lot No.7, Block "F", on said plan, North 31 degrees 39 minutes West. a distance of 85.00 feet to a point: thence North 48 degrees 15 minutes East. a dis- tance of 72.27 feet to a point on the lJne. of Walnut CJrcle: thence along Walnut Circle by a curve to the right having a radius of 30.3 feet, a dis- tance of 35.87 feet to a point: thence by the same South 3 I degrees 39 minutes East. a distance of 44.55 feet to a point of a curve: thence by a curve to the right haVing a radius of 25.0 feet, a distance of 39.27 feet to a pGlnt on the Northern line of Walnut Lane, 50 feet Wide, afore- sat&: ~,Jw_~,~~i'~_68 degrees 2 I rn1nutes West, a distance of 65.00 feet to a pOint. the place of beglnning. BEING Lot No.8, Block "F", on the Plan of Lots of Cumberland Park, wblch said Plan Is recorded In the Cumberland County Recorder's Of- lice in Plan Book No.5, at page 22. HAVING thereon erected a single fall11ly dwelling house known and numbered as 8 Walnut Lane, Camp Hlll, Pennsylvania. BEING Tax Parcel #13-24-797- 41- RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Robert D. Smith and Ann M. Smith, his wife by Deed from Louarm Ensminger dated 4/19/96, recorded,M.2/91, In.Deed 'Book 138: page 68B. - , .L ),1, ;,f, l" ."""'.,'""",< 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 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 27, MAY 4,11, 2001 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 ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. I RJger M. Morgenthal, Editor "' SWORN TO AND SUBSCRIBED before me this 11 day of MAY. 2001 ~ .... ~E4~f.:~i~o~~i~.9:5~":/ ',.. ,.ewiITerrn' .' '-:- ,Cendimt 'MOrtgilge' ' , ~~-~~. COrporatfon, tlkla ' ~ _ PHH r"ortg'ge ~~~ 'Ser.III~.~ S~pora~lon . ' vs ~ R<....rtD. Smith ~ 'A'nnM:Smlth - - AUy: frank Federman ~ 'DESCRIPTION ",'" ,; . .L _L'ci'li.t,w;l house and' lot' oi . --, _.....~frd--siluaf~, '11 th~ Township o( Lower. -- -l~n, County of CumbeIland and_ -e:01fitti2~ye;rlt:l;t, Qf J?e.l}t:t5ylval)i,a~ bound~d n~~~sen'beo. as follows" to wit: I_GINNIN~,.~ ,i,,pomt on the Northern _ ',Ile..o(Wa[~ut 4ne ,(50 feet wide), at the rViaing liJle between LQts Nos. 7 and 8, 'lock "F", on the hereinafter mentioned . an'of"i.otS; tljPce,alollg Lo! No. 't ~19ck , '~";; ~on,----:said pla1\c NQrth 31 degrees 39 . r:nut~ West. ~ di~tance of 85.QO feet tQ a ~ l'omf;1hence North 18 degrees 15 minutes -'I"!;ast. a distance ()f 72.27 feet to a po~nt on ~e..Jine of Walnut Circle; thence- along ~lnut C"n:de by a,'u.:rve to the right having i~~1liUsof 30.3 feet.. a distance of 35.87 feet if~~~~\C;S ~s~~:'~~(;~C;~ft.;~': fj,fe_etwa'point ob. curve; thence by q,q.trve ~ ~o:-th'l"dght /:1a,vi~,a r4~~ o~f5.Q fee~a 4 ~~@i'Lce,ttC39,27 feet, to ,a, point on the _ ~Northern line o{Walnut l,.ar-e,SO feel wide, - ~oJ:csaid; .thence- by _$e' same. South 58 - ~~-$~-~1 nJ~I)~tes ,}ye..st.,.a di?~a!lce,of ~ ~__reet to a pomt; the place of- ~EGlNNlNG. . ~$EINGU>t No.S, 8tock."F", on the Plan of V LOtS of Cumb'erlaI1d Park, which said plan ~ -!:eco~ded in the Cumber:1and County , ~cord~r's Office in Plan Book No.5, at -='~age 22. ~AV1NG therebn ere<:te'd a single family E1rlling house known .and numbered as 8 _, _ aJnut Lane, (amp Hill, Pennsylvania. ,ElNGTax Pa,cel #U;;24-797-41... ~CORD OWNER, TITLE TO SAID ~femises is vested in Ro-\yaort 0; Smith and ~ ~n M. Smith, his wife, by Deed from ~.,ftu.ann E9.fill.:U!jn~. er"iWed,4119J~,r~c,orded ". . 2T9'4ffiDeed Boo~ 138, Rage 688. , ~_,;___-"---,~_l:___~,:..~____"__l w~ "~ l ~'. - ~' 1 _ ~ ,=i "'. ,,- "" ,," 1.1, ' .. " ~ - "~::;%f' ......---,. 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 laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The 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 published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular dally and/or Sunday/ Metro editions which appeared on the 24th day(s) of April and the 1 st and 8th day(s) of May 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said comfY and subsequently duly recordeid in the office for the Recording of Deeds in and for said County of Dauphi n Mis ellaneous Book "M", Volume 14, Page 317. PUB LICA TION .... ................................ ../.......................... ............................. COpy cl S ALE #50 Nolarlal Seal Terry L. RU"",lI, Notary P~ Harnsbu'll, Dauphin County My Commission Expires June 6, 2002 Member, Pennsylvania Assoc:latlon 01 Not TARY PUBLIC s ommission expires June 6, 2002 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 hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 308.13 1.50 309.63 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.................................................................... " , .~i ~'~-, ''"-, ,','. ..d "' ,." .: iJ"" ;;1". illY 0\)0--- . AFFIDAVIT OF SERVICE CENDANT MORTGAGE CORPORATION F/KJA PHH MORTGAGE SERVICES CORPORATION CUMBERLAND COUNTY No.00-8878 PLAINTIFF DEFENDANT(S) ROBERT D. SMITH ANN M. SMITH Type of Action - Notice of Sheriffs Sale SERVE ANN M. SMITH AT 8 WALNUT LANE CAMP HILL, P A 17011 Sale Date: DECEMBER 5,2001 Served and made known to A ~ \oJ ~, S''''''' ;~l at (;:po ,o'clock.[:.m.,at 8 Wo\fJv~ 1--tJ, " SERVED . Defendant, on the (1"'f 14:1\ / (; fL. day of 5eft , 2001., , Commonwealth of Pennsylvania, in the manner described below: X 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: , If 11-7'7 . I \ ~ Description: AgeJ/Q... Height~ Weight 15"0 RaceWt. sexL Other /D/J'} cl~ c ,,;rt. I, ..d C)~~'" c '- L ' ('..;(..Jry ~~mpetent 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. Notanal Seal Stacy L. Heefner, Notary Public S worn to and St,.ted Chambersburg Bora, Franklin County ~ My CommissIon Exp s . 5, 2002 ?:yc~a~/, L. \ember, p;~~y enl ss i on 01 ~ 10 0 0' [!C3-(Jtj,}\.J NOT SERVED On the day of ,200_, at o'clock _.m, Defendant NOT FOUND because: Moved Unknown No Answer Vacant . Other: Sworn to and subscribed before me this __ day of .200_. Notaty: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ~'" 'wN~~~illiJ~w"","n"""'~~;Jlii~!liii'M.!ij.i;:'-l!&'l~iIlh".Jh)~NJj~~iitL~9'SiM...ilIli J' oJ~'"' :liillf' ,0 '_( 0"' '~" ~ "" OM- I: I:' ., . Ii Ii n p If H ! .I ~ I: I';.i. .' " I I. I. I. I l I I' Ii I I, I I' " , (') C) c :~) ;:= TJ ~:~iZ.~ a " ""- ~_., . ~-< i?i :;;~ 1 -<> ~(.:::~ .' ,,- "" 3! 2(::: _.. - 5~~ .. N ~.. 2:: 2~ -j ,"-) :D -<, (::> -< 4.1' =~~.' ~ . o ...: I .:',!..' -1- .'I$;;J d"f'6- I . AFFIDAVIT OF SERVICE PLAINTIFF CENDANT MORTGAGE CORPORATION F/KJA PHH MORTGAGE SERVICES CORPORATION CUMBERLAND COUNTY N 0.00-8878 DEFENDANT(S) ROBERT D, SMITH ANN M, SMITH Type of Action - Notice of Sheriff's Sale SERVE ROBERT D. SMITH AT 8 WALNUT LANE CAMP HILL, P A 17011 Sale Date: DECEMBER 5, 2001 Served and made known to Rr:,'oe.(t \- 0, SERVED S 1M '.~\'" Defendant on the L~, / C'?>V-:, t~;\\ ' (C <R- day of 'S'e(~' ,wo1, at C:,o, o'clock-t'-.m., at 8 lU 11\ ioN.\; , Commonwealth of Pennsylvania, in the manner described below: x Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge ofDefeDl!ant(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. lJ;f~ ~NlJ ~, 9",,\ ~\." Other: II /1>> I \ \ \ . n _I --0 ~ C O~ <;:!3K t ,\~;h. ,'- Height..5 ? Weight /6 Race ~ Sex r Other ~ ~ompetent adult, being duly sworn according to law, depose and state that I personally handed e manner as se forth herein, issued in the captioned case on the dat,: and at na eal Stacy L. Heefner, Notary Public Chambersburg Bora, Franklin County Sworn to and sl!g~~ribed My Commission Expires Aug. 5, 2002 . ~.9 be:\:~~,,~~day Member,Pennsylvanja I tio Notanes~ :J"~~l~ 8, ~ On the __ _ day of NOT SERVED ~es(\~;~~c~gk ~d~~1 a true and correct copy of the Notic the address indicated above. . 200~ at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Other: Sworn to and subscribed before me this __ day of ____, 200_. Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I,D. No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia, P A 19103 (215) 563-7000 ,L;"'o~ I, ~-~ ""' ~'I1W\~~"ir'!~AI~~-,,~.s,;i;Ji,;;~\;,;fMIi.,,;;:z,'.'''''=''d''~~.kr''''''''.''; ~'. ~~ ~~,'- "~" ~" " .1 ~ flW.-l.~~"' _;" "'-"'~- - .'.' i->df' ~ "' (') c: <' ;g~~! iit~ ~. -.c' ::See;; Pc: -.:,.-- ..:':- -;J -, , -.w"- . , C:,-, o rj -~i ~~" r:':J i'0 C ~z> ~ ~- - -~ ,L ~-~ ~~''!f.' ~ SALE DATE: DECEMBER S. 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CENDANT MORTGAGE CORPORATION F/KJA PHH MORTGAGE SERVICES CORPORATION No.: 00-8878 vs. ROBERT D. SMITH ANN M. SMITH 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: 8 WALNUT LANE. CAMP HILL. P A 17011. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Supplemental Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. November 29,2001 ,f' '~ ,~~ ri_ <'- ,u, " i ,_- ...."~ , CUMBERLAND COUNTY CENDANT MORTGAGE CORPORATION F/KJA PHH MORTGAGE SERVICES CORPORATION No.: 00-8878 vs. ROBERT D. SMITH ANN M. SMITH 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 8 WALNUT LANE, CAMP HILL, P A 17011: 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) .' ~ I " j!'," l~ ~ " ;" , ,,-,,,,",, .~. Ir..liil*cif'b CENDANT MORTGAGE CORPORATION F/KJA PHH MORTGAGE SERVICES CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION ROBERT D. SMITH ANN M. SMITH NO. 00-8878 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) CENDANT MORTGAGE CORPORATION F/KlA PHH MORTGAGE SERVICES CORPORATION, Plaintiff in the above action, by its attorney, 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 8 WALNUT LANE, CAMP HILL, P A 17011 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) ROBERT D. SMITH 8 WALNUT LANE CAMP HILL, PA 17011 ANN M. SMITH 8 WALNUT LANE CAMP HILL, P A 17011 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 " "' I ,I' ..__'_,...",t 1L ~,>-_ i:l-i:tf..: 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please 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 8 WALNUT LANE CAJ'VIP HILL, P A 17011 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 of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 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II ::' " ~r- - ~~I!I!ii~~~,~<ii~~~,-!;:il:bJi;*"~"",,,,";,.G"";i'f7"'~'!-k>''''"1hC;~~~ii~-:-;;f-ili~"'~'''''';';'-~ ~MH;.1&j-~'~~~.'!t ~" ........1 ~ (') 0 () C -n ~~ 0 ___l -0 GJ 1'1 '"'n m rr~ C'') ~ "1 ~ Z (.= '7 ~;: , -,":; :'T1 (f) (..) (~ -< ..~j (') ~ C..f -0 j> (:> _..:.... .:j Z C> <:.:;.::: '--.j t;? () .Tl ~. r:--.: --I ~~ 0i ~ ~ ,- -< - " , j. ' ",~' """ " <-~~'l'! ",L ''''-' --,~,'" "d'~l , Cendant Mortgage Corporation fi'kJa PHH Mortgage Services Corporation VS Robert D. Smith and Ann M. Smith In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2000-8878 Civil Term Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on Oct. 03,2001 at 12:15 o'clock P.M., E.D.S.T., he served a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the within named defendant, to wit: Robert D. Smith, by making known unto Ann Smith, wife of defendant, at 8 Walnut Lane, Camp Hill, Pennsylvania, its contents and at the same time handing to her personally the said true attested copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on Oct. 03,2001 at 12:15 o'clock P.M., E.D.S.T., he served a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the within named defendant, to wit: Ann M. Smith, by making known unto Ann Smith, at 8 Walnut Lane, Camp Hill, Pennsylvania, its contents and at the same time handing to her personally the said true attested copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on Oct. 03, 2001 at 12:15 P.M., E.D.S.T., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Robert D. Smith and Ann M. Smith, located at 8 Walnut Lane, Camp Hill, Pennsylvania,. according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following marmer: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Robert D. Smith, by regular mail to his last known address of 8 Walnut Lane, Camp Hill, PA 17011. This letter was mailed under the date of October 8, 2001 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says 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: Ann M. Smith, by regular mail to her last known address of 8 Walnut Lane, Camp Hill, P A 17011. This letter was mailed under the date of October 8, 2001 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on December 5, 2001 at 10:00 o'clock A.M., EST. He sold the same for the sum of $1.00 to Attorney Frank Federman for Secretary of V eterans Affairs, an Officer of The United States of America. It being the highest bid and best price received for the same, Secretary of Veterans Affairs, an Officer of The United States of America ofVaro Cleveland (MDP 262 PHI), P.O. Box 99640, Cleveland OH 44199, being the buyer in this execution paid SheriffR. Thomas Kline the sum of$809.33, it being costs. - .. ~ - Sheriffs Costs: Docketing Posting Handbills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge 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 1.00 7.80 1.75 15.00 30.00 335.15 225.60 25.66 25.00 26.50 15.87 $ 809.33 Sworn and subscribed to before me This /1 t(., day of ~ 2001, A.D. C}l' .11 ~,'Pi othonotary ",,, ~."' .'1. ~~I'!;:l"Vj, so~ ~ l"..c."~~ R. Thomas Kline, Sheriff BY qo~v0:k1. Real state Deputy ~~ 110 )0' j. ail CJL 3 '5'6~'>-' f.ev. 11'717 I ,,~ ~ - ,10 ;J' -,-,:,;",t>>-. .;1' ....-_.~w..< . . " CENDANT MORTGAGE CORPORATION FIKIA PHH MORTGAGE SERVICES CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION ROBERT D. SMITH ANN M, SMITH NO, 00-8878 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 irtformation concerning the real property located at 8 WALNUT LANE. CAMP fiLL. P A 17011 1. Name and address ofOwner(s) orreputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) ROBERT D. SMITH 8 WALNUT LANE CAMP fiLL, P A 17011 ANN M. SMITH 8 WALNUT LANE CAMP fiLL, PA 17011 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 ;' J _> , . ;0..'< . '^"ie>\" , , # . 4. Name and address of the last rec~rded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) , None 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please 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 8 WALNUT LANE CAMP HILL, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Hanisburg, 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. September 5.2001 DATE ,.,"",,'" ....."". " . ,::li , .' , , ,'K"o__ ~~~"y, . CENDANT MORTGAGE CORPORATION'FIK/A PHH MORTGAGE SERVICES CORPORATION Plaintiff, CUMBERLAND COUNTY No. 00-8878 v. ROBERT D. SMITH ANN M. SMITH Defendant(s). September 5,2001 TO: ROBERT D. SMITH 8 WALNUT LANE CAMP HILL, P A 17011 ANN M. SMITH 8 WALNUT LANE CAMP HILL, P A 17011 **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 8 WALNUT LANE, CAMP HILL, PA 17011is scheduled to be sold at the Sheriffs Sale on DECEMBER 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/K1A PHH MORTGAGE SERVICES CORPORATION (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the MARCH 6,2002 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 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. ,,-~ ~ ,~ -," ~ , '. ,J, ,I 1I1"""""""'~(,,~ You may need an attorney to ass,ert youi' 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 (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. Ifthe 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 dUll 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 LmERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTIO:--'- A.LL THAT CERTAI':-; house :ind lot of ground sirnate in the: Township oi" Lower ."'lItn. Couney of Cumberland and Commonwealth of Pennsylvania, bounded and described as foltows. to wir: BEGr.:-;;-;r;-;G at a pOLl1t on the ","on:hern line of Walnut Lme. (SO -t6;t wide). at the di\'iding line between Locs :'-<'os. 7 and 8. Block "F", on the hereinaner mentioned Plan of Lors: thence J.long Lor No.7. Block "F", on said plan. ,,"orIh 31 degrees 39 minutes West. a distJ.nce of 8S,00 feet to a poim: thence :"orth ~8 degrees IS minutes E:J.st, a distance of 72.27 reet to J. poim on the line of \Valnur Cir~ie: thence along Walnut Circle by a curve [0 the right having :l r:leius of 30.3 feet. a dist:J.nce or 35.8: feet to 3. poine th~nce by the same S::ru:h 31 degrees 39 rriinurcs E:lsr. a disc.:lnce of -+-+,55 f~e!. to a point of a curve~ thence by a curve to the right ha\'ing 3. ~:lc.:~ of 25.0 fc:::. a dist:J.nce of 39.27 feet to a poim on the ~oru.'1em line of \\':J.lnm L:me, 5\) feet ":,.:e. :J.fores::!.ic.: thence by the same, South 58 degrees 11 minutes West, a dist:lI1ce of 65.00 feet co :J. poim. the p[:J,,=e of b~ginning. BE1:"G Lot ","0. 8, Block "F", on the Pbn of Lots of CUr:1beriJ.nc. P:1rk. ..,.:::~:: ;:::-:: ,Pl;:w :s re~,Jrc:::; in the Cumberland Couney Recorder's Office in Pbn Book )io. S, :J.t p:lge 22. H.-\ Vr::-iG rh~::eon ere:ted .:l singh: family d\velling house k:..""1ol.vn and numbered :.lS S \V~!nut L.3.nc. Camp Hill, Pennsyl'/:J.nia. BEI::-i'G T:lX P:J.rcel ,ft 13-2..J.-797-.J.1. RECORD O'W:-;ER TITLE TO S.".[O PRE"nSES rs \'ESTED 1)i Robe7t D Smith and Ann "r. Seith. his wift: b\.' Deed fwm Lou:lnn Ensminger d:lted-1-:19:96. recorded 5,2.9"', in De:::d Book US, p:lge 688. . - '- ". ~. "~ L " ~ ~ > _.~, ,) ;- :,'1':" '~ , <,1--. '4~i WRIT OF EXECUTION and/or ATTACHMENT , . COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-8878 CIVIL ~ TERM CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Cendant Mortgaqe Corporation F /K/A PHH Mortgage Services Corporation from Robert D. Smith and Ann M. Smith, 8 Walnut Lane, Camp Hill, PA 17011 PLAINTIFF(S) DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Leqal 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 notffy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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 subjectto attachment is found inthe possession of anyone other than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $111,144.90 L.L. from 2/8/01 to 12/05/01 Interest (per di_ $16 27) $5.4Rl ",nn rn"ts Due Prothy Atty's Comm % Other Costs $1.00 Atty Paid Plaintill Paid $956.17 Date: S~tember 10. 2001 Curtis R. Long Prothonotary, Civil Division ~ !hJl_P. 7rzcJ?//A'r0 r- Deputy REQUESTING PARTY: Name Frank Fedennan, Esq. Address: One Penn Center at Suburban Station SUite 1400 I'lriladdphia, PA 19102 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 12248 ~~~@l!!J;~"il;l"\fl;LL";;~'-_,c"",.,}d-..;;U"","'J>1al,:flli.!;!'i<;;_'i(ko',',0,:,,-1,,;,; ;-,"',-F,.':i< -:"!,','!1iI1'~' "j"ii'!d&iri""W,':~~liIl6~lli:tll@i~~~",r~;l;i~"''-' ,- ~ . . . REAt ESTATE SALE No. 4Y On September 18,2001, the sherifflevied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, known and numbered as 8 Walnut Lane, Camp Hill, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 18, 2001 By: l1bcLL\ SrvlL-th Real Estate Deputy < ,,~~} J d ",'I,,:'-"if'\."\'}":'.\ ,,-<...) , C\ cH) ,,' cc. r\\ ~ \. \ c,.. to, \ \, \ ' , 'I" >,s>" ,\,'-i,I" " . ",:',\:l~o \.''' - ,'" :'I" ,\",:,< ", o'J- ;~\'rf!Y"" j'" ,-, ,J , ." , ~. , - ""'h",j i-1 , I r-l CViJ CViJ =::;I G=e> GV\l ~"."",- "" -,. REAL ESTATE SALE NO. 44 WrIt No. 2000-8878 CIv11 Cendant Mortgage Corporation f/k/ a PHH Mortgage Services Corporation vs. Robert D. Smith and Ann M. Smith Atty.: Frank Federman DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in the Town- ship of Lower Allen, County of Cum- berland and Commonwealth of Pennsylvania. bounded and de- sCJ1bed as follows, to wit: BEGINNING at a point on the Northern llne of Walout Lane, (50 feet Wide), at the diViding line be- tween Lots Nos. 7 and 8. Block "F," on the here1rlafter mentioned Plan of Lots: thence along Lot No.7, mock "F," on said plan. North 31 degrees 39 minutes West, a distance of 85.00 feet to a point: thence North 4B decrees 15 minutes East. a dis- tance of 72.27 feet to a point on the line of Walout Circle: thence aIong Walout Circle by a curve to the rIght ha1llng a radius of 30.3 feet. a dis- tance of 35.87 feet to a pomt: thence by the same South 3 I degrees 39 minutes East, a distance of 44.55 feet to a point of a curve: thence by a curve to the rIght ha1llng a radius of 25.0 feet. a distance of 39.27 feet to a point on the Northern line of Walout Lane, 50 feet Wide. afure- said: thence by the same. South 58 degrees 21 mlnutes West. a distance of 65.00 feet to a point, the place of begtnnlng. BEING Lot No.8. Block "F," on the Plan of Lots of Cumberland Park. which said Plan is recorded in $e Cumberland County Recorder's Of- fice In Plan Book No.5. at page 22. HAVING thereon erected a sJngle family dwelllng house known ,and numbered as 8 Walout Lane. Camp Hill. Pennsylvanta. BEING Tax Parcel # 13-24-797- 41. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Robert D. Smith and Ann M. Smith. his wife by Deed from Louann Ensminger dated 4/19/96. recorded 5/2/97, in Deed Book 138. page 688. -- ~~ iI" ~.. '~" .: !_;l-."-_ ~~i\fuZ;_ " PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the officia11egal 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, V1Z: October 12, 19,26,2001 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. df)U/L Rog r M. Morgenthal, Editor -- SWORN TO AND SUBSCRIBED before me this 26 day of OCTOBER. 2001 NOTARIAL.S LOIS E. SNYDER, Notary Public Cer1iSIe BollI, CUmberland County My CommIa8Ion Expires March 5, 2IlO5 ilEAL ESTATE SALE No. 44 Writ No. 2000-8818 ClvllTerm . condant Mortgage Corp. flkla ?HH Mortgage Services Corp. vs Robert D. Smnh Ann M. Snlth ',..",,,,,,, ".Atty.FrankF.~arman ,DESCRll'TION . . ALL !fIAT CERTAIN h<ksc. and lot of ground ,:4ttia~}ri the T<lwnship <lr;':'ower Allen, County (If "CUtiibiidand and Commnnweal.th of Pellnsyivunl3, :hQliridc.d'imd deJCrW..d a<; follows, to wit: , a-EG~"N!NG at a point on the Northern fLOt: of ~ jV~fcicit Lane (50 feet wide), a! the di\lidin~ line .. 'Jiifiile~n Lot~ Nos. 7 and 8, Block ''F'' -on the 'hercinafter mentioned Plan oJ Lol~; thence along ,',,[,ot No_ 7, Block "F', on said pIan, North ~J .. :degr~s 39 minutes West, a distance of 8'5.00 feet ',.to a point; thence North 48 degree.. 15 mlnute.> ,"East. a distanl'e of 72.27 feet to a jXIinl on the line , of \\'a1miit'ircle; thence illongWalnut CirCle by a :'auveto thr rlg!1thaving a t'<ldius o.f30.3 feet, a (ffstance of 35,87 feet to a polDt; thence by rut: .. ,same South 31 degrees 39 minutes East, a distance I "of 44.55 feet to n polnt of a curve; thence by .a ..curYe to the right having II radius of25.0 feet, Il. :,'d15iance of 39,27 feet to a point on the Northern ':)ine. of W.alnut Lane, 50 feet wide, afore~aid; I ibence by the srone, Smllh 58 degrees 21 minutes West, a dh'tnnce of 65,(}I) feel. to a pcint, the place ofllEGlNNlNG. , BEING Lot No. R Bleck (iF" t en the Phm of Lots of Cumberiand Pm, wMd'l said Plan it; recorded in the Cumberland (0\\nt] Reccrder's Office iu Plan Book No.5. at page 22~:, ' HA.VING thereon erected a ~ing!e family dweUing house known and numbered a$ g Walnut Lane, , CatnpHill.,Penrulylvania. : BEJNGTaxParcel#:l3~24-797.4L TITLE TO, SAID tlremlse~ h vested in Robert D. 'S'iiitlli.'.ano Ann M~ Smith, his Wife, by Deea from ':,Looann Ensminger, daled 4n9196. recorded 5i21 '.97, inDeed Book 138. page 6'88, '. I > f'"' .--~" .,," , \, ,. " THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS L '," J.J[;. ~. "~I' .'~, i "'ii 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 laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of October and the 6th day(s) of November 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in icellaneous Book "M", V;I~:~I~:~:~:' .................................~....~.................................................. COpy 19th day f Nov ber 2001 A.D. Notarial Seal S ALE #44 TeffY L. RusS$ll, Nolaljl Public r Harrisburg, Dauphin COIJnty 1,/ My Commission ExplresJU<1O 6, 2002 NARY PUBLIC Member, Pennsylvania Association 01 Notaries . My commission expires June 6, 2002 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 hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 224.10 1.50 225.60 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.................................................................... ~"",-..J ' " , c . STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, ____________________________________________________~~________________________Ilecorderof Deeds in and for said County and State do 'hereby certify that the Sherifrs Deed in which ________________ Secretary of Veterans Affairs _______~___________________.________________________________________________________ a thegr.antee the same having been sold to said grantee on the __________~:~__________________________________ day of __________~~:___________________________ A. D., ; 01 _____, under and by virtue of a wriL_____________ Execution . 10th ______________________________________ h_ __ ___ _ _ ISSued on the ___ ___ ____ ___ ___ ______ __ __________ ___ Sept clay of __________________________ A. D., Ci vil _____________________ _________..__ ___ ____ _ __ _ ____ __ _______ _____________ ______ _____ T enn, : 00._____ . 8878 Cendant Mtg Corp fka PHH Mtg Serv Corp Number ______________, at the suit of _______________________________________________________________ Robert D Smith & Ann M ___...________________________ ___ __ __ against_ __ _ ____ __ _ ____ ____________ ____ __ _ ___ ____ ______ ____ _ is 01 _____, out of the Court of Cornman Pleas of said Countyas of 249 3397 duly recorded in Sherifrs Deed Book No. ____________, Page ____________, IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office tha ___j_'l.h_ day of _____~__________ A. D., :;a..oo I -!1,-6.-~~JI~~~in;~ IlKolder 01 0eedI. \llImbelllllll CountY, CllHt.a1 ... :. lAy QlmtMlilln Ell~i!II tlI8 rllll MondI, -