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FEDERMAN AND PHELAN, LLP
By: FRANK FEDERMAN, ESQUIRE
IDENTIFICATION NO. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD
SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
CENDANT MORTGAGE CORPORATION
6000 ATRIUM WAY, MS SV-Ol
MT. LAUREL, NJ08054
ATTORNEY FORPLAillTIFF
COURT OF COMMON PLEAS
CNIL DNISION
Plaintiff
TERM
NO. 6{- lor4- ~
v.
CUMBERLAND COUNTY
WILLIAM T. OTT, JR.
KEL Y A. OTT
707 BARBARA STREET
NEW CUMBERLAND, P A, 17070
Defendant( s)
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE 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 attomey and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, P A 11013
(717) 249-3166
Loan #: 0000566885
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1. Plaintiff is
CENDANT MORTGAGE CORPORATION
6000 ATRIUM WAY, MS SV-OI
MT.LAlnUEL,NJ08054
2. The name(s) and last known addressees) of the Defendant(s) are:
WILLIAM T. OTT, JR.
KEL Y A. OTT
707 BARBARA STREET
NEW CUMBERLAND, P A. 17070
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3, On 11/30/98 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, 1503, Page 115.
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 9/1100 and each month thereafter are due and unpaid, and by the terms of
said mortgage, upon failure of mortgagor to make such payments after a date specified by
written notice sent to Mortgagor, the entire principal balance and all interest due thereon
are collectible forthwith. A copy of such notice is attached as Exhibit "A."
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6, The following amounts are due on the mortgage:
Principal Balance
Interest
8/1/00 through 2/1/01
(Per Diem $17.68)
Attorney's Fees
Cumulative Late Charges
11/30/98 to 2/1/01
Cost of Suit and Title Search
Subtotal
$92,213 .30
3,270.80
4,000,00
124.85
750.00
$100,358.95
Escrow
Credit
Deficit
Subtotal
0.00
191.66
$ 191.66
TOTAL
$100,550.61
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
Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees
wi1l 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. S 1680.403c 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 Plaintiff s 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
$100,550.61, together with interest from 2/1101 at the rate of$17.68 per diem to the date of
Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and
sale ofthe mortgaged property.
p~
/s/ Frank Federman
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
DATB: Novemb"r 28, 2000 FORECLOSURE
TO:
William T. Ott, Jr.
707 Barbara Street
New Cwnberland, P A 17070
Kelly A. Ott
707 Barbara Street
New Cwnberland, P A 17070
THIS FIRM IS A DEBT COLLECTOR A TIEMPTING TO COLLECT A DEBT. THIS NOTICE IS
SENT TO YOU IN AN A TIEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN
AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF
YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT TO
COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
This is an official notice that the morl2a2e on your home is in default and the lender intends to foreclose.
SDecific infonnation about the nature of the default is Drovided in the attached Da2es.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) mav be able to helD to save
your home, This Notice eXDlains how the DrOlrram works.
To see ifHEMAP can helD. YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY
WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with YOU when YOU meet the
Counselin2 A2ency.
The name. address and Dhone nwnher of Conswner Credit Counselin2 A2encies servin2 your County are
listed at the end oftliis Notice. Ifvou have any ouestions. YOU mav call the Pennsvlvania Housin2 Finance
A2encv toll free at 1-800-342-2397. (Persons with imoaired hearin2 can call (717) 780-1869\.
This Notice contains important legal infonnation. If you 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 frod 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 EST A
NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGffiLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SAL V AR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA.
EXHIBIT A
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STATEMENTS OF POLICY
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
William T. Ott, Jr. and Kelly A. Oll
707 Barbara St.-New Cumberland, P A 17070
0000566885
Cendant Mortgage Corporation f1k/a PHH US Mortgage
Corporation
CURRENT LENDER/SERVICER: Cendant Mortgage Corporation
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAYBE ELIGmLE FOR FINANCIAL ASSISTANCE WInCH .€AN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGffiLE FOR EMERGENCY
MORTGAGE ASSISTANCE.
. IF YOUR DEF AUL T 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
PENNSYLVANIA 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 mav NOT take action against vou for thirty
(30) davs after the date of this meeting. The names. addresses and telenhone numbers ofdesil!llllted
consumer credit counseling agencies for the county in which the DrODertv 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.
APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a default for the reasons set forth
later in this Notice (see following pages for specific infonnation 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 financial
assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out,
sign and file a completed Homeowner's Emergency Assistance Program Application with one of the
designated consumer credit counseling agencies listed 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 PelU1Sylvania Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU
DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER.
FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
EXHIBIT A
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AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be
dIsbursed by the Age~cy under the eligibility criteria established by the Act. The Pennsylvania Housing
Fmance 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.
f ou have filed bankru tc ou can still a I for Emer enc Mort a e Assistance.
HOW TO CURE YOUR MORTGAGE DEFAULT (Brim! it UD to date).
NA TORE OF THE DEF AULT- The MORTGAGE debt held by the above lender on your property located
at: 707 Barbara St.-New Cumberland, P A 17070 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: 9/1/00 thru 11/1100 at 5726.47 per month.
Monthly Payments Plus Late Charges Accrued 52,254.32
NSF: 540.00
Inspections: 50.00
Other: 50.00
(Suspense): 50.00
Total amount to cure default 52,294.32
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not anolicable): N/ A
HOW TO CURE THE DEF AUL T- 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 52,294.32,
PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING
THE THIRTY (30) DAY PERIOD. Payments must be made either bv cash. cashier's check. certified
check or monev order made Davableand sent to: CENDANT MORTGAGE CORPORATION, 6000
Atrium Way, Mount Laurel, NJ 08054, Attention: Collections 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 unot aDDlicable.) 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 ri2hts to accelerate the morteaee debt. This means
that the entire outstailding 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 nDon your mortlZalZe DrODertv.
IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the SherifIto pay
ofIthe 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 550,00. However, if legal proceedings are started against you, you
will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed 550.00.
Any attorney's fees will be added to the amount you owe lender, which may also include other reasonable
costs. If vou cure the default within the THIRTY (30) DAY Deriod. vou will not be reQuired to Dav
attornev'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
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RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the ril!htto
cure the default and orevent the sale at anv time un to one hour before the Sheriff's Sale. You mav do so
bv navin2 the total amount then cast due. nlus anv late or other char2es then due. reasonable attornev's fees
and costs connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as
sneciiied in wriliIi2 bv the lender and bv nerformin2 anv other reauirements under the mort2a2e. 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 find out at any time
exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER: CENDANT MORTGAGE CORPORATION
6000 Atrium Way
Mount Laurel, NJ 08054
Tel:(800) 257-0460
Attention: Collections Department
EFFECT OF SHERIFF'S SALE.You should realize that a Sheriff's Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the 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 sale and that the other requirements
of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
. TO HAVE THIS DEF AUL T CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL T HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN TIIREE TIMES IN ANY CALENDAR YEAR.)
. TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING
OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY
THE LENDER
. TO SEEK PROtECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATIACHED
Very truly yours,
Attn: Collections Department
CENDANT MORTGAGE CORPORATION
Account No.: 0000566885
Mailed by 1" Class mail/Certificate of Mailing and Certified Mail No: 7000 0600 0025 8584
2085,2078
EXHIBIT A
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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 P A
20 I Basin Street
Williamsport. P A 17703
(570) 323-6627 FAX (570) 323-6626
COLUMBIA COUNTY
31 W. Market Street
FOB 1127
Wilkes-Barre. PA 18702
(570) 821-0837 or (800) 922.9537
FAX (570) 821-1785
1400 Abington Executive Park
Suite 1
Clarks Summit PA 18411
(570) 587.9163 or (800) 922-9537
FAX (570) 587-9134-9135
Commission on Economics Opportunity ofLuzeme 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
Booker T. Washington Center
1720 Holland Center
Erie, PA 16503
(814) 453-5744 FAX (814) 5749
Greater Erie Community Action Committee
18 West 9. 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 Indiana Avenue
FarrelL PA 16121
(412) 981-5310
CUMBERLAND COUNTY
Financial Counseling Services ofFrankfin
31 West 3'" Street ..
Waynesboro, PA 17268
(717) 762-3285
eees ofWestem Pennsylvania. Inc.
2000 Lingleslown Road
Harrisburg. PA 17102
(717) 541.1757
Urban League of Metropolitan Hanisburg
N.6.Street
Harrisburg. PA 17101
(717) 234-5925 FAX (717) 234-9459
YWCA of Carlisle
301 "Q" Street
Carlisle, PA 17013 .
(717)243-3818 FAX (717) 731.9589
Conununity Action Comm oCtile Capital Region
1514 Derry Street
Harrisburg.PA 17104
(717)232-9757 FAX (717)234-2227
Adams County Housing Authority
139-143 Carlisle St
Gettysburg, PA 17325
(717) 334-1518 FAX 334-8326
PENNSYLVANIA BULLETIN, VOL 29, NO. 23, JUNE 5, 1999
EXH\B\T A
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ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland,
County of Cumberland and State of Pennsylvania, more particularly bounded and described in
accordance with a survey of D. P. Raffensperger Associates, Engineers and Surveyors, dated
November 20, 1972, as follows:
BEGINNING at a point on the western line of Barbara Street, which point is 214 feet South
of Brandt Avenue; thence along the western line of Barbara Street, South 44 degrees 42 minutes
West 63 feet to a point; thence North 45 degrees 18 minutes West 110 feet to a point; thence North
44 degrees 42 minutes East 63 feet to a point; thence South 45 degrees 18 minutes East 110 feet to
the point of BEGINNING.
BEING 56 feet of Lot No.8 and 7 feet of Lot No.7 on Plan of Forrest Hills, as recorded
in the Cumberland County Recorder's Office in Plan Book 4, Page 54.
HAVING THEREON ERECTED a one story stucco dwelling house, known as No. 707
Barbara Street, New Cumberland, Pennsylvania.
PREMISES ON: 707 BARBARA STREET
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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 statemeIjts made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best
ofbis knowledge, infonnation 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,
hyltiJ
DATE:
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SHERIFF'S RETURN - REGULAR
r CASE NO.: 2001-01084 P
, COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CENDANT MORTGAGE CORPORAION
VS
OTT WILLIAM T JR ET AL
DAVID MCKINNEY
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
OTT WILLIAM T JR
the
DEFENDANT
at 0014:26 HOURS, on the
1st day of ,March
~
, 2001
at 707 BARBARA ST
NEW CUMBERLAND, PA 17070
by handing to
WILLIAM T. OTT, JR.
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
10.54
.00
10.00
.00
38.54
so;;~~
R. Thomas Kline
03/02/2001
yFEDERMAN &
PHELAN
Sworn and Subscribed to before
By:
, @;~
A/Jr/d .
~puty S eriff
me this t~ day of
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SHERIFF'S RETURN - REGULAR
r CASE NO: 2001-01084 P
,
,
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CENDANT MORTGAGE CORPORAl ON
VS
OTT WILLIAM T JR ET AL
DAVID MCKINNEY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
;-;.-
was served upon
OTT KELY A
the
DEFENDANT
, at 0014:26 HOURS, on the 1st day of March
2001
at 707 BARBARA ST
NEW CUMBERLAND, PA 17070
by handing to
WILLIAM T. OTT, JR.
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTI CE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So
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6.00
.00
.00
10.00
.00
16.00
R. Thomas Kline
03/02/2001
FEDERMAN & PHELAN
Sworn and Subscribed to before
By:
J3f1/J1!d ;JlJ ~
Deputy Sher~f ~-
me this l ~ day of
1]AhnJ..-, 02tHJl A.D.
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
CENDANT MORTGAGE CORPORATION
Plaintiff,
v.
No. 2001-01084
WILLIAM T. OTT,JR.
KELLY A. OTT
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
$102.018.05 /
Interest from 4/25/01 TO 9/5/01
(per diem - $16.77)
$2.230.41 and Costs
TOTAL
$104.248.46
j~ 1-Jv-
FRANK FEDERMAN, ESQUIRE
ONE PENN CENTER at SUBURBAN STATION
SUITE 1400
PHILADELPHIA, PA 19103
Attorney for Plaintiff
Note: Please attach description of property. No.
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ALL THAT CERTAIN piece or parceL of land situtate in the Borough of New Cumberland, County
of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance
with a survey of D.P. Raffensperger Associates, Engineers and Surveyors, dated November 20,
1972 as follows:
BEGINNING at a point on the western line of Barbara Street, which point is 214 feet South of
Brandt Avenue; thence along the western line of Barbara Street, South 44 degrees 42 minutes West
63 feet to a point; thence North 45 degrees 18 minutes West 110 feet to a point; thence North 44
degrees 42 minutes East 63 feet to a point; thence South 45 degrees 18 minutes East 110 feet to the
point of BEGINNING.
BEING 56 feet of Lot No.8 and 7 feet of Lot No.7 on Plan of Forrest Hills, as recorded in the
Cumberland County Recorder's Office in Plan Book 4, Page 54.
HAVING THEREON ERECTED a one story stucco dwelling house, known as No. 707 Barbara
Street, New Cluuberland, Pennsylvania.
Being known as: 707 Barbara Street, New Cumberland, P A 17070
William T Ou Jr and Kelly A. Ott, His Wife by
TITLE TO SAID PREMISES IS VE~TE~ I~ Coulson His Wife'dated 11/30/98, recorded
Deed from Michael D. Coulson and ame a . ,
12/3/98, in Deed Book 190, Page 494.
Tax parcel: #26-24-0809-088
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CENDANT MORTGAGE CORPORATION
CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
WILLIAM T. OTT,JR.
KELLY A. OTT
CIVIL DIVISION
NO. 2001-01084
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No.1)
CENDANT MORTGAGE 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 707 BARBARA STREET. NEW
CUMBERLAND. P A 17070.
1. Name and address ofOwner(s) orreputed Owner(s):
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
WILLIAM T. OTT,JR.
707 BARBARA STREET
NEW CUMBERLAND, P A 17070
KELLY A. OTT
707 BARBARA STREET
NEW CUMBERLAND, P A 17070
2. Name and address ofDefendant(s) in the judgment:
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
Same as above
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
NAME
LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
None
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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 ,md 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
707 BARBARA STREET
NEW CUMBERLAND, P A 17070
Domestic Relatious of Cumberland
County
13 North Hanover Street
Carlisle, P A 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, P A 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 nnderstand that false statements herein are made subject to the
;'::118 P. CS. Soc 49Mrel,~oo =~i~
Attorney for Plaintiff
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FEDERMAN and PHELAN
By: FRANK FEDERMAN
Identification No. 12248
Suite 1400
One Penn Center at Suburban Station
Philadelphia, PA 19103
(215) 563-7000
ATTORNEY FOR PLAINTIFF
CENDANT MORTGAGE CORPORATION
Plaintiff,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
WILLIAM T. OTT,JR.
KELLY A. OTT
NO. 2001-01084
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. C.S. Section 4904 relating to unsworn
falsification to authorities.
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Attorney for Plaintiff
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, CENDANT MORTGAGE CORPORATION
I Plaintiff,
CUMBERLAND COUNTY
v.
No. 2001-01084
;
WILLIAM T. OTT,JR.
KELLY A. OTT
Defendant(s).
May 1, 2001
TO: WILLIAMT.OTT,JR.
KELLY A. OTT
707 BARBARA STREET
NEW CUMBERLAND, PA 17070
"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 707 BARBARA STREET. NEW CUMBERLAND. P A 17070, is
scheduled to be sold at the Sheriffs Sale on SEPTEMBER5.20ot at 10:00 a.m. in the Cumberland
County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment obtained
by CENDANT MORTGAGE CORPORATION (the mortgagee) against you. If the Sheriffs sale is
postponed, the property will be relisted for the DECEMBER 5.2001 Sheriff s 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.
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i . You may need .an attorney to assert ~our rights. The sooner you contact one, the more chance
, you wIll have of stoppmg the sale. (See notIce on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
,
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, P A 17013
(717) 249-3166
(800) 990-9108
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ALL THAT CERTAIN piece or parcel of land situtate in the Borough of New Cumberland, County
of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance
with a survey of D.P. Raffensperger Associates, Engineers and Surveyors, dated November 20,
1972 as follows:
BEGINNING at a point on the western line of Barbara Street, which point is 214 feet South of
Brandt Avenue; thence along the western line of Barbara Street, South 44 degrees 42 minutes West
63 feet to a point; thence North 45 degrees 18 minutes West 110 feet to a point; thence North 44
degrees 42 minutes East 63 feet to a point; thence South 45 degrees 18 minutes East 110 feet to the
point of BEGINNING.
BEING 56 feet of Lot No.8 and 7 feet of Lot No.7 on Plan of Forrest Hills, as recorded in the
Cumberland County Recorder's Office in Plan Book 4, Page 54.
HAVING THEREON ERECTED a one story stucco dwelling house, known as No. 707 Barbara
Street, New Cumberland, Pennsylvania.
. kn . 707 Barbara Street New Cumberland, PAL 7070
Bemg own as. ,
William T Ott, Jr. and Kelly A. Ott, His Wife by
TITLE TO SAID PRENITSES IS VESTE~ I~ Coulson His Wife dated 11/30/98, recorded
Deed from Michael D. Coulson and Pame a . ,
12/3/98, in Deed Book 190, Page 494.
Tax parcel: #26"24-0809-088
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FEDERMAN AND PHELAN
By: FRANK FEDERMAN
Identification No. 12248
One Penn Center at Suburban Station
Suite 1400
Philadelphia, PA 19103-1814
(2 I 5) 563-7000
Attorney for Plaintiff
,
CENDANT MORTGAGE CORPORATION
6000ATRIUMWAY,MS SV-Ol
MT. LAUREL, NJ 08054
Plaintiff
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
vs.
: NO. 2001-01084
WILLIAM T. OTT, JR.
KELLY A. OTT
707 BARBARA STREET
NEW CUMBERLAND, P A 17070
Defendant(s)
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
I
Kindly enter judgment, in rem, in favor of the Plaintiff and against WILLIAM T. OTT,
JR. and KELLY A. OTT, Defendant(s), for failure to file an Answer to Plaintiffs Complaint
within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and
assess Plaintiffs damages as follows:
As set forth in Complaint
Interest 2/1101 to 4/24/01
TOTAL
$100,550.61
$1,467.44
$102,018.05
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.
//r/1JMf if ~
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~
DATE: fYl:=J.'( / ::2.0Q I (]~A i..: ~ J2.
, PRO PROT
"THIS FIRM IS A DEBT COLLECTOR A'ITEMPTING TQ COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TIllS DEBT WAS
NOT REAFFIRMED, TIllS CO\{RESPONDENCE IS NOT AN!> SHOULD NOT BE CONSTRUED TO BE AN A'ITEMPTTO COLLECT
A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINSt PROPERTY. **
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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
COURT OF COMMON PLEAS
Plaintiff
CIVIL DIVISION
vs.
CUMBERLAND COUNTY
WILLIAM T. OTT, JR
KELLY A. OTT
NO. 2001-01084
Defendant(s)
TO: WILLIAM T. OTT, JR
707 BARBARA STREET
NEW CUMBERLAND, PA 17070
DATE OF NOTICE: MARCH 28. 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 ,RE~EIVED 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.
fILE COp}'
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 ASSOCIA nON
2 LIBERTY AVENUE
CARLISLE, P A 17013
(717) 249-3166
Frank Federman, Esquire
Attorney for Plaintiff
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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
COURT OF COMMON PLEAS
Plaintiff
CIVIL DIVISION
vs.
CUMBERLAND COUNTY
WILLIAM T. OTT, JR
KELLY A. OTT
NO. 2001-01084
Defendant
TO: KELLY A. OTT
707 BARBARA STREET
NEW CUMBERLAND, PA 17070
,~~
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DATE OF NOTICE: MARCH 28. 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 US~D FOR THAT PURPOSE. IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN
AGAINST PROPERTY.
IMPORTANT NOTICE
You are in default because you have failed enter a written
appearance personally or by attorney and file in writing with the
court your defenses or objections to the claims set forth against
you. Unless you act within ten (10) days from the date of this
notice, a Judgment may be entered against you without a hearing
and you may lose your property or other important rights. You
should take this notice to a lawyer at once. If you do not have a
lawyer or cannot afford one, go to or telephone the following
office to find out where you can get legal help:
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
Frank Federman, Esquire
Attorney for Plaintiff
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FEDERMAN and PHELAN
By: FRANK FEDERMAN
Identification No. 12248
One Penn Center at Suburban Station
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
CENDANT MORTGAGE
CORPORATION
Plaintiff
Attorney for Plaintiff
: CUMBERLAND COUNTY
: Court of Common Pleas
vs.
: CML DMSION
WILLIAM T. OTT, JR.
KELLY A. OTT
Defendant(s)
: NO. 2001-01084
VERIFICATION OF NON-MILITARY SERVICE
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the
Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the
following facts, to wit:
(a) that the defendant(s) is/are not in the Military or Naval Service of the United
States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act
of Congress of 1940, as amended
(b) that defendant WILLIAM T. OTT, JR. is over 18 years of age and resides at
707 BARBARA STREET, NEW CUMBERLAND, P A 17070.
(c) that defendant KELLY A. OTT is over 18 years of age, and resides at 707
BARBARA STREET, NEW CUMBERLAND, PA 17070.
This statement is made subject to the penalties of 18 Pa, C.S. Section 4904 relating
to unsworn falsification to authorities.
1/[r~ --;;-I~
FRANK FEDERMAN
Attorney for Plaintiff
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(Rule of Civil Procedure No. 236 - Revised)
CENDANT MORTGAGE
CORPORATION
Plaintiff
: CUMBERLAND COUNTY
: Court of Common Pleas
vs.
: CIVIL DMSION
WILLIAM T. OTT, JR.
KELLY A. OTT
Defendant(s)
: NO. 2001-01084
Notice is given that a Judgment in the above captioned matter has been entered against you on
ffi4'{ -.J .2001. ..
.~y A~D~P~~IDEPUTY
If you have any questions concerning this matter, please contact:
FRANK FEDERMAN. ESOUIRE
Attorney for Filing Party
One Penn Center at Suburban Station
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
*.THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY AND TillS DEBT WAS NOT REAFFIRMED, THIS IS NOT
AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY
ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
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AFFIDAVIT OF SERVICE
PLAINTIFF
CENDANT MORTGAGE
CORPORATION
No.200l-01084
DEFENDANT(S)
WILLIAM T. OTT,JR.
KELL Y A. OTT
Type of Action
- Notice of Sheriff's Sale
SERVE WILLIAM T. OTT,JR. AT
707B~ARAST~ET
NEWCuMBElR.LAND, P A 17070
Sale Date: SEPTEMBER 5,2001
SERVED
Served and made known to W ~ \\\ do V'\ T W \ J ~ Defendant, on the 1'3 &\,.. day of Ma 1 .200.1
at f): 30 . o'clock?m., at 70 7 6~lLbo-YL<l-. 'S~( I fJ<1-W C'-l\M.Io__vz. \ ~f-J<L .Commonwealth
of Pennsylvania, in the manner described below:
x
.
Defendant persona1\y served.
Adult family member with whom Defendant(s) reside(s). Relationship is \)J'j {11.
Adult in charge ofDefendant(s)'s residence who refused to give name or relationship.
Manager/Clerkof place of lodging 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.
.l'<~ l ~ '/ ~ , O'\t
Other:
,-!. I, '. __ leI-''') J..<<\c. 1ot<.1.A.>\l-l, h~'.~.
Age---1f:9 Height b C. Weight /3S' Race W~ Sex-L Other '\'>-55<='>
..d .' \ C' { 'J1<.
I, Gl-~e.1-'c.~ "'. 9'IL '\'1, a competent adult, being duly swom 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.
Description:
NotaliaJ Seal
Sworn to and sEb ribed Stacy L. Heefner. Not P bli
befor me . s day Chembe..burg Bore. F nkJl nty
2001. My Commission Expl sA 2002
"-2. d.. L ~~~"\r, pennfl'y,anla A 00 I t
o I ~UJV NOT SERVED
:lJ4r9
On th~ _-'-_ 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 _'
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
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AFFIDAVIT OF SERVICE
PLAINTIFF
CENDANT MORTGAGE
CORPORATION
No.2001-01084
DEFENDANT(S)
WILLIAM T. OTT,JR.
KELLY A. OTT
Type of Action
- Notice of Sheriff's Sale
SERVE KELLY A. OTT AT
707 BARBARAS'fREET
NEW CUMBERLAND, P A 17070
Sale Date: SEPTEMBER 5,2001
SERVED
Served and made known to t< ~ 111 A, 0 it . Defendant, on the
at 8: 30. o'clock-f.m, at 701 r:J?--1\ 0o.'(ta. '5 ~ .) lJ e. vJ
of Pennsylvania, in the manner described below:
,rIA ff
J 3 day of 01,1 .2001.
f
('V"'" Ioe ~ \'" ~ <i . Commonwealth
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Defendant personally served.
Adult family member with whom Defendant(s) reside(s). Relationship is
Adult in charge. of Defendant( s) 's residence who refused to give name or relationship.
Manager/Clerk of place ofIodging 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: I
I ,I lot-O'? Q","\c.
Description: Age.!#2- Height....5:1? Weight! 3!J Race W\,., SexL Other '?) \"'SSe.s
I, C \o-~ ~ \-'c.:: \..., e?~ \1-1 Y:c,~etent adult, being duly sworn according to law, depose and state that I personally handed
a true and correct copy of the Notice of She . ff" rth herein, issued in the captioned case on the date and at
the address indicated above. Notanal Saal .
Stacy L. Heefner, Notary Public
. Chambersburg 8oro, Franklin County
Sworn to and sURf~!"bed My Commission I Aug. 5. 2002
before e s ~ day Member, pennsy ma oClatlOn at Notan
of 2001.~
Notary: I..J. . By:
o ' NOT SERVED
On the _..:..-. day of
. 200~ at
o'clock _,m, Defendant NOT FOUND because:
Moved
Unknown
No Answer
Vacant
Other:
SWfJm to md subscdbed
befote 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
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Cendant Mortgage Corporation
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-1084 Civil Term
VS
William T. Ott and Kelly A. Ott
~
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, .
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED pursuant to instructions from Attorney Frank Federman.
Sheriffs 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
25.66
21.59
15.00
2.78
$ 141.53 paid by attorney
8/31/01
SOAnS~ ~
J,. ~ .; --~
. ~ r ~~- .
ThIS ~ day of r;::..lu. > .
~ R. Thomas Kline, Sheriff
2001, A.D. " a. En.".., . PAC> 5 --4
,'T7 BY8~~WU .
Prothonotary Re 1 Es Deputy
Sworn and subscribed to before me
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CENDANT MORTGAGE CORPORATION
CUMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
WILLIAM T. OTT,JR.
KELLY A. OTT
CIVIL DIVISION
NO. 2001-01084
Defendant( s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No.1)
CENDANT MORTGAGE 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 707 BARBARA STREET. NEW
CUMBERLAND. P A 17070.
1. Name and address ofOwner(s) or reputed Owner(s):
NAME LAST KNOWN ADDRESS (If address cannot be
reasonably ascertained, please so indicate.)
WILLlAM T. OTT,JR.
707 BARBARA STREET
NEW CUMBERLAND, P A 17070
KELLY A. OTT
707 BARBARA STREET
NEW CUMBERLAND, P A 17070
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
"n',
-
~
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/Occnpant
707 BARBARA STREET
NEW CUMBERLAND, P A 17070
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
;:'::118 p, e.s. Soc. 49Mrel,ti~OO=~3J;
Attorney for Plaintiff
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.CENDANT MORTGAGE CORPORATION
Plaintiff,
CUMBERLAND COUNTY
v.
No. 2001-01084
WILLIAM T. OTT,JR.
KELLY A. OTT
Defendant(s).
May I, 2001
TO: WilLIAM T. OTT,JR.
KELLY A. OTT
707 BARBARA STREET
NEW CUMBERLAND, PA 17070
**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 TIEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
Your house (real estate) at 707 BARBARA STREET. NEW CUMBERLAND, P A 17070, is
scheduled to be sold at the Sheriff's Sale on SEPTEMBER 5.2001 at 10:00 a.m. in the Cumberland
County Courthouse, South Hanover Street, Carlisle,P A 17013, to enforce the court judgment obtained
by CENDANT MORTGAGE CORPORATION (the mortgagee) against you. If the Sheriffs sale is
postponed, the property will be relisted for the DECEMBER 5.2001 Sheriff s Sale.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
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.
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You may need an attorney to assert your rights. The sooner you contact one, the more chance
'You will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
~ YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only ifthe buyer pays the Sheriffthe full amount due in the sale. To
find out ifthis has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7 . You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLANP COUNTY COURTHOUSE
CARLISLE, P A 17013
(717) 249-3166
(800) 990-9108
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ALL THAT CERTAIN piece or parcel of land situtate in the Borough of New Cumberland, County
of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance
with a survey of D.P. Raffensperger Associates, Engineers and Surveyors, dated November 20,
1972 as follows:
BEGINNING ata point on the western line of Barbara Street, which point is 214 feet South of
Brandt Avenue; thence along the western line of Barbara Street, South 44 degrees 42 minutes West
63 feet to a point; thence North 45 degrees 18 minutes West 110 feet to a point; thence North 44
degrees 42 minutes East 63 feet to a point; thence South 45 degrees 18 minutes East 110 feet to the
point of BEGINNING.
BEING 56 feet of Lot No. 8 and 7 feet of Lot No. 7 on Plan of Forrest Hills, as recorded in the
Cumberland County Recorder's Office in Plan Book 4, Page 54.
HAVING THEREON ERECTED a one story stucco dwelling house, known as No. 707 Barbara
Street, New Cumberland, Pennsylvania.
. kn . 707 Barbara Street New Cumberland, PAl 7070
Bemg own as. ,
William T Ott, Jr. and Kelly A. Ott, His Wife by
TITLE TO SAID PREMISES IS VESTE~ I~ Coulson, His Wife dated 11/30/98, recorded
Deed from Michael D. Coulson and Pame a .
12/3/98, in Deed Book 190, Page 494.
Tax parcel: #26-24-0809-088
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'! i~R!rrQmXECUTION and/or ATTACHMENT
'COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 01-1084 CIVIL 19
CIVIL ACTION - LAW
TO THE SHERIFF OF
CUMBERLAND
COUNTY
To satisfy the debt. interest and costs due ___~enClan~ Mortgage Corporation
PLAINTIFF(S)
from William T. Ott, Jr. and Kelly Ott, 707 Barbara St., New Cumberland PA
17070.
(1)
located
DEFENDANT(S)
You are directed to ,evy upon the property 01 the defendant(s) and to sell Real estate located
at 707 Barbara St., New Cumberland PA 17070. (See attached
~egal description.)
(2) You are a,so directed to attach the property of the defendant(s} not levied upon in the possession of
GARNISHEE(S) as follows
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or for the account of the defendant(s) and from de,ivering any property of the defendant(s) or otherwise disposing
thereof:
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other
than a named garnishee. you are directed to notify him/herthat he/she has b_een added as a garnishee and is enjoined as above
stated. . -'.'
Atty's Comm
Atty Paid
Pla,ntiff Paid
%
LL
Due Prothy
Other Costs
$.50
$1.00
Amount Due $102,018.05.....
($16.// perd1em)
Interest 4/25/01 - 9/5/01 $2,230.41
$126.54
Dale:
May 7. 2001
CURTIS R. LONG
" -~ /J1,:';
Deputy
REOUESTING PARTY:
Frank Federman, Esq.
One Penn Center @
Philadelphia PA
Plaintiff
Name
Suburban Station
19106
Address:
Attorney for:
Telephone: (215)
Supreme Court ID No.
5637000
12248
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REAL ESTATE S!~LE No. j' p
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1111 -rrt. 0..:; 'I, ;.JOO f the sheriff levied upon the aetentlarr.'
Interest in the real prooertv situated in Ile.r.",/C",~ &nJ~
Cumberland County, Pt;, "ri,:,;;,";,nd numbered as: 707 B~ .1"=.
fl..ew-- CV~re fully described on Exhibit "A" flied with .
this writ and by this reference Incorporated herein.
flats: rYLu..:J 9, ;,)60 I By: '<~ ~
Depuht JJ~
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FEDERMAN AND PHBLAN
BY: FRANK FEDERMAN, ESQUIRE
ATTORNEY !.D. NO. 12248
ONE PENN CENTER A,T SUBURBAN
STATION, SUITE 1400
PIDLADELPHIA, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAJNTITF
CENDANT MORTGAGE CORPORATION
v.
WILLIAM T. OTT, JR.
KELLY A. OTT
COURT OF COMMON PLEAS
CML DIVISION
NO: 2001-01084
CUMBERLAND COUNTY
PRAECIPE TO MARK JUDGMENT TO USE OF PLAINTIFF
TO 1HE PROTHONOTARY:
Please mark the judgment in the amOlmt of$102,018.05 in the above captioned matter to
the use ofEMC MORTGAGE CORPORA'fION, 909 HIDDEN RIDGE DRIVE, IRVING,
TX 75038.
~l\.~~Jl~
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
DATE:Julv 15.2004
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf ofEMC MORTGAGE CORPORATION
~~ 112 rh.QJY"lfi Ii
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
DATE:Julv IS. 2004
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
EMC MORTGAGE CORPORATION
Plaintiff,
v.
No. 2001-01084
WILLIAM T. OTT, JR.
KELLY A. OTT
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
$102,018.05
Interest from 5/8/01c12/8/04
(per diem -$16.77)
$21,985.47 and Costs
TOTAL
$124,003.52
~~~onfft~
FRANK FEDERMAN, ESQUIRE
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
,
Philadelphia, PA 19103-1814
Attorney for Plaintiff
Note: Please attach description of property. No.
IMPORTANT NOTICE: This property is sold at the direction of the
plaintiff. It may not be sold in the absence of a representative of
the plaintiff at the Sheriff's Sale. The sale must be postponed or
stayed in the event that a representative of the plaintiff is not
present at the sale.
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ALL THAT CERTAIN piece or parcel of land situtate in the Borough of New Cumberland, County
of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance
with a survey of D,P. Raffensperger Associates, Engineers and Surveyors, dated November 20,
1972 as follows:
BEGINNINQ at.a point on the western line of Barbara Street, which point is 214 feet South of
Brandt Avenue; thence along the western line of Barbara Street, South 44 degrees 42 minutes West
63 feet to a point; thence North 45 degrees 18 minutes West 110 feet to a point; thence North 44
degrees 42 minutes East 63 feet to a point; thence South 45 degrees 18 minutes East 110 feet to the
point of BEGINNING.
BEING 56 feet of Lot No.8 and 7 feet of Lot No.7 on Plan of Forrest Hills, as recorded in the
Cumberland County Recorder's Office in Plan Book 4, Page 54.
HAVING THEREON ERECTED a one story stucco dwelling house, known as No. 707 Barbara
Street, New Cumberland, Pennsylvania.
Being known as: 707 Barbara Street, New Cumberland, PA 17070
N William T Ott, Jr. and Kelly A. Ott, His Wife by
TITLE TO SAID PRErvnsEs IS VES;;~; J. Coulson, His Wife dated 11/30/98, recorded
Deed from Michael D. Coulson and P
12/3/98, in Deed Book 190, Page 494,
Tax parcel: #26-24-0809-088
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYL V ANlA)
COUNTY OF CUMBERLAND)
NO 01-1084 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due EMC MORTGAGE CORPORATION, Plaintiff (s)
From WILLIAM T. OTT, JR. AND KELLY A. OTT
(I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attaclnnent has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attaclnnent is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $102,018.05 L.L.
Interest FROM 5/8/01 - 12/8/04 (pER DIEM - $16.77) -- $21,985.47 AND COSTS
Ally's Comm % Due Prothy $1.00
Ally Paid $285.57 Other Costs
Plaintiff Paid
Date: JULY 19, 2004
CURTIS R. LONG
(Seal)
Prothonot" n 7YJ.
<- By: ~ tJ.."J; , ~. , 'C ~~
Deputy
REQUESTING PARTY:
Name FRANK FEDERMAN, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SmTE 1400
PHILADELPffiA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ill No. 12248
.::
t
IN THE UNITED STATES BANKRUPTCY COURT
. FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
)CASE NUMBER: 1-01-03008-MDF
)
. )CHAPTER 13
) .
)
)
. ..)
EMC Mortgage Corporation as servicing agent ).
for Fannie Mae, . )
)
)
)
)
)
)
)
)
INRE:
. William T. and Kelly A. Ort,
Debtors.
M()vant,
vs.
William T. and Kelly A. Ort, Debtors and
Charles J. DeHart, III, Trustee,
Resp()ndents.
li~~,
I
. rt
\c'/ (j,o\J
S e.an\\r\J? ,
Cler\<., U. .
. ORDER OF COURT
. {li.
~ .J... day of ,,)LuuJ
AND NOW, this
. 2004 upon
consideration of the foregoing Certificate of Default, filed on behalf of Movant, it is hereby
ORDERED, ADJUDGED and DECREED that the Default is granted and the automatic stay is
terminated as it affects the interests of Movant, in the real property and improvements thereon
commonly known as 707 Barbara Street, New Cumberland, P A 17070.
Loan no. *3283
BY THE COURT:
~~
Mary. ce '-.J .
U.S. Bankruptcy Court .
~S-J'J,
<, ,,",-
-
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FEDE~ANandPHELAN,LLP
By: FRANK FEDE~AN
Identification No, 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHNF.KENNEDYBLVD., SUITE 1400
PHlLADELPmA, fA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
EMC MORTGAGE CORPORATION
Plaintiff,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
WILLIAM T. OTT, JR.
KELLY A. OTT
NO. 2001-01084
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:
o 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.
JlJ1rt~~
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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EMC MORTGAGE CORPORATION
CUMBERLAND COUNTY
Plaintiff,
v.
. COURT OF COMMON PLEAS
WILLIAM T. OTT, JR.
KELLY A. OTT
CIVIL DIVISION
NO. 2001-01084
Defendant(s).
AFFIDA VIr PURSUANT TO RULE 3129
(Aftidavit No.1)
EMC MORTGAGE 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 tiled the
following information concerning the real property located at.707 BARBARA STREET. NEW
CUMBERLAND. P A 17070.
1. Name and address ofOwner(s) orreputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
WILLIAM T. OTT, JR
707 BARBARA STREET
NEW CUMBERLAND, P A 17070
KELLY A. OTT
707 BARBARA STREET
NEW CUMBERLAND, P A 17070
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
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4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
707 BARBARA STREET
NEW CUMBERLAND, P A 17070
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, P A 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, PA 17105
I verifY that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties ofl8 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities.
Julv 15. 2004
DATE
..J/t 0 st k.!fzrl 0 ~
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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EMC MORTGAGE CORPORATION
Plaintiff,
CUMBERLAND COUNTY
v.
No. 2001-01084
WILLIAM T. OTT, JR.
KELLY A. OTT
Defendant(s).
July 15, 2004
TO: WILLIAM T. OTT, JR.
707 BARBARA STREET
NEW CUMBERLAND, P A 17070
KELLY A. OTT
707 BARBARA STREET
NEW CUMBERLAND, P A 17070
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
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. 707 BARBARA STREET. NEW CUMBERLAND. P A 17070. is
scheduled to be sold at the Sheriff's Sale on DECEMBER 8. 2004 at 10:00 a.m. in the Cumberland
County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of
$102.018,05 obtained by EMC MORTGAGE CORPORATION (the mortgagee) against you. In the
event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P.,
Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's 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.
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You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the 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 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 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 s~le. I
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold
in the absence of a reoresentative of the olaintiff at the Sheriff's Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, P A 17013
(717) 249-3166
(800) 990-9108
..-'"
;/. ./-
ALL THAT CERTAIN piece or parcel of land situtate in the Borough of New Cumberland, County
of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance
with a survey of D.P. Raffensperger Associates, Engineers and Surveyors, dated November 20,
1972 as follows:
. . - . , ' .'
BEGINNING at a point on the western line of Barbara Street, which point is 214 feet South of
Brandt Avenue; thence along the western line of Barbara Street, South 44 degrees 42 minutes West
63 feet to a point; thence North 45 degrees 18 minutes West 110 feet to a point; thence North 44
degrees 42 minutes East 63 feet to a point; thence South 45 degrees 18 minutes East 110 feet to the
point of BEGINNING.
BEING 56 feet of Lot No.8 and 7 feet of Lot No.7 on Plan of Forrest Hills, as recorded in the
Cumberland County Recorder's Office in Plan Book 4, Page 54.
HAVING THEREON ERECTED a one story stucco dwelling house, known as No. 707 Barbara
Street, New Cumberland, Pennsylvania,
Being known as: 707 Barbara Street, New Cumberland, PA 17070
N William T. Ou, Jr. and Kelly A. Ott, His Wife by
TITLE TO SAID PREIVrISES IS V~TE~l; 1. Coulson, His Wife dated 11/30/98, recorded
Deed from Michael D. Coulson and am
12/3/98, in D,eed Book 190, Page 494.
Tax parcel: #26-24-0809-088
.-'
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AFFIDAVIT OF SERVICE
PLAINTIFF
EMC MORTGAGE CORPORATION
CUMBERLAND COUNTY
PIT
No. 2001-01084
DEFENDANT(S)
WILLIAM T. OTT, JR.
KELLY A. OTT
ACCT. #2343283
SERVE WILLIAM T. OTT, JR. AT
707 BARBARA STREET
NEW CUMBERLAND, P A 17070
Type of Action
- Notice of Sheriffs Sale
Sale Date: DECEMBER 8, 2004
SERVED
Served and made known to
William T. ott, Jr. .Defendant,onthe
26th day of July
4
, 200~
at 6: 05 , o'c!ock.E..m, at 707 Barbara street, New Cumberland, PA
1 7070 Commonwealth
,
of Pennsylvania, in the manner described below:
Defendant personally served.
X Adult family member with whom Defendant(s) reside(s). Name and Relationship is Kelly A. ott
Adult in charge ofDefendant(s)'s residence who refused to give name or relationship.
Manager/Clerk of place oflodging in which Defendant(s) reside(s).
Agent or person in charge ofDefendant(s)'s office or usual place of business.
an officer of said Defendant( s)' s company,
Other:
Description:
Age_
Height_ Weight_ Race
Sex
Other
I, Meli ssa Ba ten . a competent adult, being duly sworn according to law, depose and state that I personally handed
a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at
the address indicated above.
Sworn to and subscribed
bef:p;s ~j), W-y
of 20ot.
No : 71
Notarial Seal
Wendy M. Livingston, Notary Public
Susquehanna 1\vp" Dauphin County
My Commission Expires Oct. 24. 2005
mber.pennSYIVa~~~lation~tNotane.2 I (~
PI. ASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATt DATES & TIMES OF SERVICE ATTEMPTED.
NOT SERVED
On the day of ,200~ at o'clock_.m., Defendant NOT FOUND because:
Moved Unknown No Answer Vacant
1 st Attempt: / / Time: 2nd Attempt: / / Time:
3rd Attempt: / / Time:
Sworn to and suhscribed
before me this _ day
of , 200 _'
Notary:
By:
Attornev for Plaintiff
Frank Federman, Esquire - I.D. No. 12248
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AFFIDAVIT OF SERVICE
CUMBERLAND
COUNTY
PLAINTIFF
EMC MORTGAGE CORPORATION
PIT
No. 2001-01084
DEFENDANT(S)
WILLIAM T. OTT, JR.
KELLY A. OTT
ACCT. #2343283
SERVE KELLY A. OTT AT
707 BARBARA STREET
NEW CUMBERLAND, P A 17070
Type of Action
- Notice of Sherifrs Sale
Sale Date: DECEMBER 8, 2004
SERVED
Served and made known to Kelly A. ott
. Defendant, on the 26th
dayof July
,2004_,at li'O", ,o'clock--!;lm.,at 707 Barbara street, New Cumberland, PA 17070
, Commonwealth of Pennsylvania, in the manner described below:
1( Defendant personally served.
Adult family member with whom Defendant(s) reside(s), Name and Relationship is
Adult in charge ofDefendant(s)'s residence who refused to give name or relationship.
Manager/Clerk of place oflodging in which Defendant(s) reside(s).
Agent or person in charge ofDefendant(s)'s office or usual place of business.
an officer of said Defendant( s)' s company.
Other:
Description: Age Mid 30 Height~' , Weight 125-1 :RQce~Sex.--K.- Other Brown shoulder length
hair with bangs and wire
I, Mel i "''''" R"tpn , a competent adult, being duly sworn according to law, depose and state that I rim glasses.
persoually 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 thp: ~ulrlrp~~ In(lir'Mp(l: abo.v.e.
'I Notarial Seal !
d ~ 'b d Wendy M. Livingston, Notary Public I
Sworn to an SU, scn e Susquehanna Twp., Dauphin County
before this .r#, day ~ ~ Commission Expires Oct. 24, 2005
of . ,200t.. ... :....~~:0~"."V'..."I."'IO'~;"..n'.",\..:::' ~~
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Nota : '" ,..' By:
PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE
ATTEMPTED.
NOT SERVED
On the day of
,200_, at
o'clock _.m., Defendant NOT FOUND because:
Moved Unknown
No Answer
Vacant
1 st Attempt:
/
/
Time:
2nd Attempt:
/
/
Time:
3rd Attempt:
/
/
Time:
Sworn to and subscribed
before me this _ day
of , 200 ~'
Notary:
By:
Attornev for Plaintiff
Frank Federman, Esquire - I.D, No. 12248
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
EMC MORTGAGE CORPORATION
) CNIL ACTION
)
vs.
WILLIAM T. OTT, JR.
KELLY A. OTT
) CNIL DNISION
) NO. 2001-01084
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
)
)
SS:
I, FRANK FEDERMAN, ESQUIRE attorney for EMC MORTGAGE
CORPORATION hereby verify that on 7/16/04 true and correct copies of the Notice of
Sheriff s sale were served by certificate of mailing to the recorded lienholders, and any
known interested party see Exhibit "A" attached hereto.
DATE: November 22. 2004
fMl1/l Ie IJfdp)U110IA
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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FEDERMAN PHELAN
BY: FRANK FEDERMAN
ATTORNEY !.D. NO. 12248
ONE PENN CENTER AT SUBURBAN
STATION, SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
ATTORNEYFORPL~WF
CENDANT MORTGAGE CORPORATION
v.
WILLIAM T. OTT, JR,
KELLY A. 01'1'
COURT OF COMMON PLEAS
CIVIL DIVISION
NO: 2001-01084
CUMBERLAND COUNTY
PRAECIPE TO MARK JUDGMENT TO USE OF PLAINTIFF
TO THE PROTHONOTARY:
Please mark the judgment in the amount of$102,018.05 in the above captioned matter to
the use ofEMC MORTGAGE CORPORATION, 909 HIDDEN RIDGE DR,STE. 200,
IRVING, TX 75038
~~~aYL
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
DATE:November 22, 2004
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf ofEMC MORTGAGE CORPORATION, 909
HIDDEN RIDGE DR,STE. 200, IRVING, TX 75038
l'1'f\fftJf)tQp~
FRANK FEDERMAN, ESQUlRE
Attorney for Plaintiff
DATE:November 22, 2004
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EMC Mortgage Corporation
VS
William T. Ott, Jr. and Kelly A. Ott
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-1084 Civil Term
Shannon 'Shertzer, Deputy Sheriff, who being duly sworn according to law, states
that on September 14,2004 at 3:25 o'clock PM, he served a true copy of the within Real
Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon
the within named defendants, to wit: William T. Ott, Jr. and Kelly A. Ott, by making
known unto William Ott Jr., personally and adult in charge for Kelly A. Ott, at 707
Barbara Street, New Cumberland, Cumberland County, Pennsylvania, its contents and at
the same time handing to him personally the said true and correct copy of the same.
Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that
on October 07, 2004 at 2:23 o'clock P.M., he posted a true copy of the within Real Estate
Writ, Notice, Poster and Description, in the above entitled action, upon the property of
William R. Ott, Jr. and Kelly A. Ott located at 707 Barbara Street, New Cumberland,
Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to the within named
defendants, to wit: William T. Ott, Jr. and Kelly A. Ott, by regular mail to their last
known address of 707 Barbara Street, New Cumberland, P A 17070. These letters were
mailed under the date of October 06, 2004 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED per instructions from Attorney Daniel Schmieg.
Sheriffs Costs:
Docketing
Poundage
Posting Bills
Advertising
Prothonotary
Mileage
Levy
Surcharge
30.00
13.42
15.00
15.00
1.00
25.16
15.00
30.00
Law Journal
Patriot News
Share of Bills
Postpone Sale
237.50
251.74
30.42
20.00
$684.24
Sworn and subscribed to before me
This if. day of ~.L
#~ili!n~~~
2005, A.D.
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. Thomas Kline, Sh#~
BY J()~SvvtdJ,
Real Estate eputy
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EMC MORTGAGE CORPORATION
C~JMBERLAND COUNTY
Plaintiff,
v.
COURT OF COMMON PLEAS
WILLIAM T. OTT, JR.
KELLY A. OTT
CIVIL DIVISION
NO. 2001-01084
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No.1)
EMC MORTGAGE 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.707 BARBARA STREET. NEW
CUMBERLAND, P A 17070.
1. Name and address ofOwner(s) orreputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
WILLIAM T. OTT, JR.
707 BARBARA STREET
NEW CUMBERLAND, P A 17070
KELLY A. OTT
707 BARBARA STREET
NEW CUMBERLAND, P A 17070
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
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4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale,
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
707 BARBARA STREET
NEW CUMBERLAND, P A 17070
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, P A 17013
Commonwealth of Pennsylvania
Department ofWeIfare
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.
Julv 15. 2004
DATE
~5tR!erlQ~
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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EMCMORTGAGE CORPORATION
Plaintiff,
CUMBERLAND COUNTY
v.
No. 2001-01084
WILLIAM T. OTT, JR.
KELLY A. OTT
Defendant(s).
July 15, 2004
TO: WILLIAMT.OTT,JR.
707 BARBARA STREET
NEW CUMBERLAND, P A 17070
KELLY A. OTT
707 BARBARA STREET
NEW CUMBERLAND, PA 17070
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
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. 707 BARBARA STREET. NEW CUMBERLAND. PA 17070. is
scheduled to be sold at the Sheriffs Sale on DECEMBER 8. 2004 at 10:00 a.m. in the Cumberland
County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of
$102.018.05 obtained by EMC MORTGAGE CORPORATION (the mortgagee) against you. In the
event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P.,
Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
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.
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You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only ifthe buyer pays the Sheriff the full amount due in the sale. To
find out ifthis has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the .
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LffiERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, P A 17013
(717) 249-3166
(800) 990-9108
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ALL THA T CERTAIN piece or parcel of land situtate in the Borough of New Cumberland, County
of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance
with a survey of D.P. Raffensperger Associates, Engineers and Surveyors, dated November 20,
1972 as follows:
BEGINNING at ,a point on the western line of Barbara Street, which point is 214 feet South of
Brandt Avenue; thence along the western line of Barbara Street, South 44 degrees 42 minutes West
63 feet to a point; thence North 45 degrees 18 minutes West 110 feet to a point; thence North 44
degrees 42 minutes East 63 feet to a point; thence South 45 degrees 18 minutes East 110 feet to the
point of BEGINNING.
BEING 56 feet of Lot No.8 and 7 feet of Lot No.7 on Plan of Forrest Hills, as recorded in the
Cumberland County Recorder's Office in Plan Book 4, Page 54.
HAVING THEREON ERECTED a one story stucco dweUinghouse, known as No. 707 Barbara
Street, New Cumberland, Pennsylvania..
Being known as: 707 Barbara Street, New Cumberland, PAl 7070
N William TOn, Jr. and KeIIy A. On, His Wife by
TITLE TO SAIDPRElVfISES IS VESTE~ 11 Coulson His Wife dated 11/30/98, recorded
Deed from Micbael D, Coulson and Pame a . ,
12/3/98, in Deed Book 190, Page 494.
Tax parcel: #26-24-0809-088
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYL VANIA)
COUNTY OF CUMBERLAND)
NO 01-1084 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due EMC MORTGAGE CORPORATION, Plaintiff (s)
From WILLIAM T. OTT, JR. AND KELLY A. OTT
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION
(2) Yon are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attaclunent has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant( s) not levied upon an subj ect to attaclunent is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $102,018.05 L.L.
Interest FROM 5/8/01 -12/8/04 (PER DIEM - $16.77) -- $21,985.47 AND COSTS
Atty's Comm % Due Prothy $1.00
Atty Paid $285.57 Other Costs
Plaintiff Paid
Date: JULY 19, 2004
CURTIS R. LONG
(Seal)
prothon~ 7ft;-
'--- By: (}/r.1l ,P .' ~..o./LL
Deputy
REQUESTING PARTY:
Name FRANK FEDERMAN, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SillTE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 12248
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Real Estate Sale #18
On August 27, 2004 the Sherifflevied upon the
defendant's interest in the real property situated in
New Cumberland Borough, Cumberland County, P A
Known and numbered as 707 Barbara Street,
New Cumberland, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: August 27, 2004
By: JUili Swi1i
Real Estate Deputy
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THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, Connty of Dauphin} ss
Michael Morrow, being duly sworn according to law, deposes and says:
That he is the Controller of The Patriot News Co., a cOlporation 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, Connty ofDaupbin, State of Pennsylvania, owner and publisher of The Patriot-News and The
Snnday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, Connty and State aforesaid; that The Patriot-News and The Snnday Patriot-News were es~blished 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 Snndayl Metro editions which appeared on the 19th and 26th day(s) of October and the
2nd day(s) of November 2004. 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 eds in and for said Connty ofDaupbin in Miscellaneous Book "M",
Volmne 14, Page 317.
PUBLICATION
COpy
S ALE#18
r~--:fil.~L~ST~tfE sALi(No~18- -
~~':':_ Writ ,,",CI. 2001-1084
Co 'l""" .... r Civil Term .
~~_c ~~~91': Corporation
- iIIiam 1r. QtJ:~ Jr. and
, 'KellY A. ott
~"_~~tty: Frank F~erman
E: 'ii. DESCRIPTION
~ CERTAJN piece Of. """I of fund
~snuat.c:~:gJ._ the Borough of New Cumberland,
~~ty~f~umber1and_and State of Pennsylvania,
!..l)lQ{e~c~y OOWlded and described in
~~o:;e With a survey of DP. Raffens~
~.uc.w~_ Engineers. and Surveyors. dated
.nT<ive.mkr2Q, 1972 as tallows:
~~E~G at" ~ poin~ on. the western line of
~~~ which JXllllt lS 214 fee! South of
OR .D.!!D-(f[A".enue; lhen.ce along the western. line of
~~t;r~ ~outh 44 degrees 42.minutes West
!,-63 ffeUO a poInt; the.:1ce North 45 degrees 18
~1!l~est.110 feet to a point; thence North 44
L~'ill1lIUItesEasi63feettoapoint.thence
~~~18 mimnesEast no fect to the
looilitO't:aE9INl'UNO.
~QJ~ feet9f Lot No.8 and 7 feet of Lot
--.J.~o:--~ onJ.>lan of Fones1 Hills, as recorded in the
!C!mJ.---oorland Couuty Rf:corrler's Office in Plan
~kA,1'ag,S4.
~ lIA'BNJl ~ON ERECTED.a (me-story
, house,.k11ownas No. 707 Barbara
land,Penn.syh'iUlia.
-^~'i.::.:":' - WN AS: 707 Barbara Street, New
~~@nd.PAI7070. _
_ TI1;LE~_T.O 5AID:. PREMISES is vested in
~am_ T. Olt; II:. and Kelly A Ott, his wife, by
~ ~.~hael D. Coulson and Pamela 1.
4;oil!Soo, his wife, dated :li30198. recorded )'JJ3/
98. m ~ Book 190. Page 494.
ll\XPARCELR26-24-O!lJ9.()88.
Sworn to and subscribed before m
NOTARIAl. SEAl
Terry L. Russell, Notary "
Oty or Harrisburg, Dauphin County
My Commission Expires Jun
Member, PennsylllaniaA:ssocialionof otarie!l
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRlOT-NEWS CO.
For publishing the notice or publication attached
hereto on the above stated dates
251.74
Publisher's Receipt for Advertising Cost
,lisher of The Patriot-News and The Snnday Patriot-News, newspapers of general
vledge receipt of the aforesaid notice and publication costs and certifies that the same have
By,...........................,.......................................
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Writ No, 2001-IOM Ctvil
EMC Mortgage Corporation
vs.
William T. Otto Jr. and
Kelly A. OU
Atty.: Frank Fedennan
ALL THAT CERTAIN piece or par-
eel of land situtate in the Borough
of New Cumberland. County of Cum-
berland and State of Pennsylvania.
more particularly bounded and de-
Bertbed in accordance with a survey
of D.P. Raffensperger Associates, En-
gineers and SUIVeyorS. dated Novem-
ber 20. 1972 as follows:
BEGINNING at a point on the
westem line of Barbara Street which
point is 214 feet South ofBrancttAv-
enue; thence along the western line
of Barbara Street. South 44 degrees
42 minutes West 63 feet to a point;
thence North 45 degrees 18 min-
utes West 110 feet to a point; thence
North 44 degrees 42 minutes East
63 feet to a point: thence South 45
degrees IB minutes East 110 feet to
the point of BEGINNING.
BEING 56 feet of Lot No. B and
7 feet of Lot No. 7 on Plan of Forrest
Hills. as recorded in the Cumberland :
County Recorder's Office in Plan !
Book 4. Page 54.
HAVING THEREON ERECTED a
one story stucco dwelling house,
known as No. 707 Barbara Street.
New Cumberland, Pennsylvania.
Being known as: 707 Barbara
Street. New Cumberland. P A 17070.
TITLE TO SAID PREMISES IS
VESTED IN William T, otto Jr. and
Kelly A. Otto His Wife by Deed from
Michael D, Coulson and Pamela J.
Coulson, His Wife dated 11/30/98,
recorded 12/3/98. in Deed Book
190, Page 494.
Tax parcel: #26-24-0809-088.
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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 :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues ofthe said Cumberland Law
Journal on the following dates,
VIZ:
OCTOBER 8, 15,22,2004
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.
~
SWORN TO AND SUBSCRIBED before me this
22 day of OCTOBER 2004
o l SEAL
LOIS E. SNYDER, Notary Public
Carlisle Boro, Cumber, and County
My Commission Expires March 5, 2005 .