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Home My WebLink About03-2330FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 AT'FORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 COURT OF COMMON PLEAS CIVIL DIVISION Vo Plaintiff TIMOTHY J. O'BRIEN LISA A. O'BRIEN 38 MEADOWBROOK COURT NEW CUMBERLAND, PA 17070 TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against thc claims set forth in thc following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #:0002808921 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Loan #: 0002808921 1. Plaintiff is CENDANT MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 The name(s) and last known address(es) of the Defendant(s) are: TIMOTHY J. O'BRIEN LISA A. O'BRIEN 38 MEADOWBROOK COURT NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 07/30/1999 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. 1561, Page 788. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2002 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. Loan#:0002808921 6. The following amounts are due on the mortgage: 10. Principal Balance Interest 10/01/2002 through 05/14/2003 (Per Diem $27.00) Attorney's Fees Cumulative Late Charges 07/30/1999 to 05/01/2003 Cost of Suit and Title Search Subtotal $121,508.85 6,102.00 850.00 256.93 $ 750.00 $129,467.78 Escrow Credit 0.00 Deficit 47.45 Subtotal $ 47.45 TOTAL $129,515.23 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $129,515.23, together with interest from 05/14/2003 at the rate of $27.00 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: FED AND P EL L ~s S. HaIL a~n~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Loan #: 0002808921 bounded and clescr' wasmp, ~'urn~eriand County, Pennsylvania · ~bed as follows, to wit: ' .If. pt Bio. 13, Block "G~, Plan of Jacob Shenk, k~ov~ as (~loverleaffAcres _ . .' _ ~= ~- ~,--,uated aa Lot C~13 la ~.t. ,,a,, _ lan prior uee~). , _I_..~ a , CloverleaF Acres in _ ~u~uana anu waze, o thru uzanne D~eb/, .v rDeecidated~ 19 19 ' A_La~, ~-1, 1998 in the Ofti-~ -~-~- -- _ .Y . 98 and recorded a~d conveyed unto Oreo--- ~'~ .... u~ ~..e~_ct l~o_ok 17]', Page 79~, Eran~ed BF. ING KNOI~IN AS: 108 I~I~.~L&~P~I~EVer` an= ~ E. Weft, Cvrantors herein. VERIFICATION MARC J. HINKLE hereby states that he is V.P. of CENDANT MORTGAGE SERVICES mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are Ixue and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CENT)ANT MORTGAGE CORPORATION, Plaintiff TIMOTHY J. O'BRIEN and LISA A O'BRIEN, Defendants No. 03-2330 Civil Action - Law Mortgage Foreclosure ANSWER AND NOW, this 27th day of June, 2003, comes Defendant Lisa A. O'Brien, by and through her counsel, Hantl & Knight, P.C., and files the following Answer, and in support thereof avers as follows: 1. Admitted. Denied as stated. It is specifically denied that Defendant Lisa A. O'Brien lives at 38 Meadowbrook Court, New Cumberland, Pennsylvania. Defendant Lisa A. O'Brien, has, at all times relevant hereto including through the date of this Answer, lived at 108 Hill Drive, Carlisle, Pennsylvania. 3. Admitted. Admitted. Denied as stated. Defendant Lisa A. O'Brien continued to make payments on the mortgage referenced in paragraph 3 above. However, Plaintiff refused to accept said payments. Denied as stated. Defendant Lisa A. O'Brien is without knowledge as to the truth of the averments of Paragraph 6, thus the same are denied. Strict proof thereof is demanded at trial. Denied as stated. The averments of Paragraph 7 are a conclusion of law to which no responsive pleading is required. Ifa more specific answer is deemed required, the averments of Paragraph 7 are specifically denied and strict proof thereof is demanded at trial. 8. Admitted. 9. Admitted. 10. Denied. It is specifically denied that this action does not come under Act 91 of 1983. efendant L~sa A. O Bnen, has, at all t~mes relevant hereto including through the date of this Answer, lived at 108 Hill Drive, Carlisle, Pennsylvania, which address is the address of the subject premises. WHEREFORE, Defendant Lisa A. O'Brien respectfully requests judgment in her favor and against Plaintiff. Respectfully submitted, HANFT & KNIGHT, P.C. Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013 -9142 (717) 249-5373 Attorneys for Defendant Lisa A. O'Brien CERTIFICATE OF SERVICE AND NOW, this 30th day of June, 2003, I, Michael J. Hanft, Esquire, hereby certify that I have this day served the following persons with a copy of the foregoing Answer, by first class, United States Mail, postage pre-paid, addressed as follows: Frank Federman, Esquire FEDERMAN AND PHELAN, LLP One Penn Center Plaza, Suite 1400 Philadelphia, Pennsylvania 19103 HANFT & KNIGHT, P.C. ~ichael J. Hanfl, Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 VERIFICATION I VERIFY that the statements set forth in the attached Answer are true and correct to the best o fmy knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. Section 4904 relating to unswom falsification to authorities. Ll~i~'~. O Brien SHERIFF'S RETURN - CASE NO: 2003-02330 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLJtND CENDANT MORTGAGE CORP VS O'BRIEN TIMOTHY J ET AL REGULAR KENNETH GOSSERT , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE O'BRIEN LISA A DEFENDANT , at 2035:00 HOURS, at 108 HILL DRIVE CARLISLE, PA 17013 LISA A OBRIEN a true and attested copy of Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon COMPLAINT - on the 30th day of May the , 2003 by handing to MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6 Service Affidavit Surcharge 10 16 00 00 00 00 00 00 Sworn and Subscribed to before me this ~ day of ('IA ~/~ A.D. Prothonotary , ! ' So Answers: R. Thomas Kline 06/26/2003 FEDERMAN & PHELAN SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-02330 P COMMONTWEALTH OF PENNSYLyANIK COUNTY OF CUMBERLAND CENDA/~T MORTGAGE CORP VS O'BRIEN TIMOTHY J ET AL Ro Thomas Kline duly sworn according to law, says, that inquiry for the within named DEFENDANT O'BRIEN TIMOTHY J unable to locate Him COMPLAINT - MORT FORE ,Sheriff or Deputy Sheriff, who being he made a diligent search and in his bailiwick. but was He therefore returns the the within named DEFENDANT 108 HILL DRIVE CARLISLE, PA 17013 , O'BRIEN TIMOTHY J DEFENDANT DOES NOT LIVE AT 108 HILL DRIVE CARLISLE. NOT FOUND , as to Sheriff's Costs: Docketing 18.00 Service 3.45 Not Found 5.00 Surcharge 10.00 .00 36.45 R. Thomas K~_e__. Sheriff of Cumberland County FEDERMAN & PHELAN 06/26/2003 Sworn and subscribed to before me this ? -~ day of , 2~ A.D. ~thonot~ry SHERIFF'S RETURN - CASE NO: 2003-02330 P COMMONWEALTH OF PENNSYLVANIA:' COUNTY OF CUMBERLAND CENDANT MORTGAGE CORP VS O'BRIEN TIMOTHY J ET AL OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT O'BRIEN TIMOTHY J but was unable to locate Him deputized the sheriff of YORK , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, serve the within COMPLAINT - MORT FORE He therefore Pennsylvania, to On June 26th , 2003 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep York County 55.80 .00 80.80 06/26/2003 FEDERMAN & PHELAN R: Thomas Sheriff of Cumberland County Sworn and subscribed to before me this ~C~ day of~ A.D. Prothonot ~r[; ' 1 of COUNTY Of YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ CENDAI~ NORTGAGE CORP. 3 DEFENDANT/S/ T]I~Oi'B¥ J. O'BRII~, LISA A. O~BEXEN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES : CO~§T_~R civi1 4. TYPE OF WRIT OR COMPLAINT MORTC. AGE FORECLOSURE SERVE ~' 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD i TXi~OT~ J. O'BI~EN 6~ ADDRESS (STREET OR RFC WITH BOX NUMBER, APT. NO, CITY, BORO, TVVP, STATE AND ZIP CODE) AT 38 t~L-M)OWBROOK COURT, NEW CI~,~. PA 17070 7. INDICATE SERVICE: O PERSONAL r~ PERSON IN CHARGE X~I~DEPUTIZE cl~C~Vt~d ~ 1 ST CLASS MAIL g~ POSTED [3 OTHER NOW Hay 20 ,20 03 I, SHERIFF OF YORK COUN_'I'Y~ P~....do hereby d~the sheriff of York COUNTY to execute-~l~S~dflk~,~~u~ording to law. This deputization being made at the request and risk of the plaintiff. '! '"-~ '" ~ ~ SHERIFF OF YORK COUNTY 8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: CLrnberland , OUT OF COUNTY Send return of service to C~rland County Sheriff. C U M B E R L A N D ADVANCED FEE PAID BY ATTY NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attach men% without liabilify on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPENAMEandADDRESSofATi'ORNEY/ORIGINATORandSIGNATURE 10. TELEPHONE NUMBER 11. DATEFILED ~ [.F~UF_attM~ 5-15;- 03 ONE PENN SUITE 1400, PHIL..PA 19013 215-563-7000 12. SEND NOTICE OF SERVI¢ (This area must be completed if notice is to be mailed) CUMBERLAND CO S~ 13' I ackn°wledge mceipt °' the writ R AHRENS / 5DA ~E ~ ~ ~L~ ~" 14. AT ECI ED 15. Expiration/Hearin Date or cOmplaint as indicated above. ' ' 6 - 1 4 - 0 16 ROW SERVED: PERSONAL ( ) RESIDENCE (V POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ((,/)~ SEE REMARKS BELOW ~i~A ~ I hereby certify and return a NOT FOUND because I am unable to locate the individ u~,~,company, etc. named above. (See rer~rks below.) -- ~~/.~s~l~. IL/~Time ~ Int. IJate~ll)lm. Date Time Miles~qJ Time M~e~ I~t~[DateITime Miles Int 22 REMARKS: ~3~ A~d~van~ Costs 75°00 24 Si%7(~;St, ~5~; ~81ViI;%e 27 Postage ~.7;~)otal 29 Pound 3~;~ry 31.Surchg. 32. Tot Dost, 33 C~tsDue~JC~c~No. 55.80 $19.20 41 AFFlRMEDandsub~cri~dtobe~re~h~ 2~ _ t ~ ~ ~ ~ %OA~WERS 42 ' ~ ' ~ , 44. Sig~at o MELIS~A~it~ O~ ~ ~ C~n,~:~~d, $~FER. No~ ~ ........ t ' . . 1 ~ITE - Issuing Auth0ri~ 2: PINK- A~omey 3 CANARY - Shefi~s Offi~ 4 BLUE - Sheri~s Offi~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-02330 P COMMONWEALTH OF PENNSYLV. ANIAf COUNTY OF CUMBERLAND CENDANT MORTGAGE CORP VS O'BRIEN TIMOTHY J ET AL Thomas Kline duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT Sheriff or Deputy Sheriff who being a diligent search and , to wit: O'BRIEN LISA A but was unable to locate Her deputized the sheriff of YORK serve the within COMPIJtINT - in his bailiwick. County, MORT FORE He therefore Pennsylvania, to On June 26th , 2003 attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 06/26/2003 FEDERMAN & PHELAN Sworn and subscribed to before me this 7 ~-~ day of ~ Prothonot~r~~ , this office was in receipt of the R/. Thomas Kline Sheriff of Cumberland County '2 of 2 COUNTY OF YORk OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1 PLAINTIFF/S/ CE3,"])~ MORTGAGE COR~. 3 DEFENDANT/S/ SERVICE CALL (717) 771-9601 INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 4 TYPE OF WRIT OR COMPLAINT TXtlOxax J. O'BlkIEI~, LISA A; O'BR~EN MORTGAGE ~OS~ 7 INDICATE SERVICE: ~ PERSONAL ~ PERSON IN CHARGE ~DEPUTIZE ~ ~~ 1ST C~SS MAIL ~ POSTED ~ OTHER NOW ~v 20 ,20 03 I, SHERIFF OF YORK COUN~A, ~hereby deputiz~ the sheriffof York COUN~ to execute t~~~n t~ding to law, This deputization being made at the request and risk of the plaintiff. SHERIFF OF YORK~OUN~ 8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT ~LL ASSIST IN EXPEDITING SERVICE: OUT 0F COUNTY Please ADVANCED FEE PAZD BY ATTY _~_..dL---- 7_~ [I.~, r /OQ NOTE: ONLY APPLICABLE ON WRI~ OF EXECUTION: N.B. ~AIVER O~ WATCHMAN - Any depu~ sheriff lewin~ u~n or a~ohin~ any properly under wi~in writ m~ leave s~me without a watchman, in custody of whomever is [ound in possession, ~er noticing person of lew or a~hment, without li~bili~ on the p~ of such depu~ or the sheriff lo 8ny plsinliff herein for any foss. dest~ction, or removal of any pro~ before sheriffs sale thereof. 9 ~PE NAME an~ ADDRESS~of A~ORNEY~/ORI INATOR and SIGNATURE O~ P~ C~'t'~, S~ 1600, ~L. ,P~ 1901~ t0. TELEPHO.E.DMSER It Df_.{%%3 21_5-563-7000 )5;~;[~K~ 13.or' acknowledge receipt of the writcomplaint as indiCated above. 16. H~SERVED: PERSONAL( ) RESIDENCE( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17, ~ hereby ceRi~ and return a NOT FOUND b~ause I am unable to locate the individual, ~mpany, etc named above (See remarks below,) 18. N~E AND TITLE OF INDIVIDUAL SERVED t LIST ADDRESS HERE IF NOT SHO~ ABOVE (Relationship te Defendant) 19. Date of Se~ice 20 Time of Se~i~ 21.A.EMPTS~~ ~ ~M~Date Time Miles Int IDate Time Miles Iht IDate Time Miles Int ~Date Time Miles Int. 22. REMARKS:- 23. Advance Costs 124. Service Costs 25. N/F 26. Mileage 27 Postage 28. SubTotal ~29._Pound 30. Notary 31.Surchg 32Tot. co~J33CostsDueorRe{~nd CheckNo 34. Foreign County Costs ] 35 Advance Costs} 36. Service Costs I 37. Nota{y Cert. 1 38 Mileage/Postage/Not Found I 39 Total Costs 1 40 Costs Due or Refund 41 AFFIRMED and subscribed to before me this 2 4~t't SO ANSWERS ' e 0343. ~ 44 Signature of 45. DATE 42. day of , 20 _~ .~. ~.. '. Dep Sheriff [ , ] NOTA~ AL S~AL v~? , ~JTARY~ Signature of Yo~k James V. Vangreen, Acting Sheriff _~{~'rDATE ~,MEt,~S~,i,,S,~.A~:~E~.~ryP~.-/~ Coun~S~e~ff Wil'l±am M. ~ose, E~e.~J£f 6/24/0 Cay ~,, ¥o¢~i Ye . co ~'"' ~"~- '~, ~CKNOW-EDGE RECEIPT OP THE SHERiFf'S ~'ATURE ~ 5~, DATE RECE~WD 2 of 2 COUNTY OFYORK OFFICE OF THE SHERIFF 28 EAST MARKET ST, YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN SERVICE CALL (717) 771-9601 1 PLAINTIFF/S/ 2 COURT N B R CENDART HORTC~GE CORP. 4 ~PE OF WRIT OR COMP~INT 3 DEFENDANT/S/ T~ J. O'B~, LISA A. O'B~ ~R~GE ~RE~OSU~ NAME OF INDIVIDUAk, COMPANY, CORPO~TION, ETC TO SERVE OR DE TIONOFPROPER~TOB t ViED, A~ACH D, RSOLD 7 INDICATE SERVICE: Q PERSONAL Q PERSON IN ~HARGE ~DEPUTIZE Q ~~ 1ST C~SS MAIL ~ POSTED Q OTHER NOW Ma~ 20 ' ~ ~ '~ :, ~0 O3 [, SHER~-FF DF ~COON~, PA, do~reby deputize~,~heriff of York COUN~ to execute this~~ return ther~f'~rding to law. This deputization being made at the request and risk of the plaintiff. -,f 8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT ~LL ASSIST iN EXPEDITING SERVICE: ~r[~ OUT 0F COUNTY Plebe se~ ~ of se~ice to ~rla~d County ~.AN FOR/~E OF ~ SHERi~F ~ ~O ~ WR~E BELO~ THIS lINE 16~WSERVED: PERSONAL( ) RESIDENCE( ) POSTED( ) POE( ) SHERIFF'SOFFICE( ) OTHER( ) SEE REMARKS BELOW 22 REMARKS: 23 Advance Costs 24 Service Costs 25. N/F 26 Mileage 27 Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32 Tot. Cosls 33 C~sts Dueor Refund Check NO 34. Foreign County Cost~ ~ 35 ~dvanc~,, Costs I 36. Service Costs I 37. Notary Ce~ I 38. Mileage/Postage/Not Found I 39 Total Costs I 40. Costs Due or Refund 41. AFFIRMED at.Au bScrJ,l~E' t~ b~fo~ ine~-ibi~- ~4th SO ANSWERS j~. < 'Etc~ ~ -~. % ~ 44 Signature of 45 DATE 42 day of ~ ' 20 ~.'4;~i~ ~~ ~"~ ...... Dep. Sher ff ' ' ~' ~0 NOTARY · ~ ..... :"""--/ C°untyShenff~Lll~La~l Il. Hoae~ She. ri:iff 6/24/0 1//.: '"': .... /: 50 I,ACKNOWLEDGE RECEI~t~_,~IN'E~"~:RIFF'S~E'E~Jk~q'sg:~ATURE 51 DATE RECEIVED ,OF AUTHORIZED I S S'V~ ~ ~,1~-]'~.O R ITY AND T~FI_E' FEDERMAN AND PHELAN, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215') 563-7000 Cendant Mortgage Corporation 4001 Leadenhall Road Mount Laurel, NJ 08054 Plaintiff Timothy J. O'Brien Lisa A. O'Brien 38 Meadowbrook Court New Cumberland, PA 17070 Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County : : No. 03-2330-CIVIL PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. X Please withdraw the complaint and mark the action discontinued and ended without prejudice. Francis S. Hallinan, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CENDANT MORTGAGE CORPORATION VS. ' N TIMOTHY J. O BRIE LISA A. O'BRIEN CIVIL ACTION CIVIL DIVISION NO. 03-2330 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) cOUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for CENDANT MORTGAGE CORPORATION hereby verify that on March 2~ 2004 rote 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: April 20, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 1.80o 2004