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HomeMy WebLinkAbout03-2504FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff VS. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY SHANNON L. PEARSON 11 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007 KELLEY K. PEARSON 11 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgrnent 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 #:0000258590 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 #: 0000258590 1. Plaintiff is o CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES 4001 LEADENI-IALL ROAD MOUNT LAUREL, NJ 08054 The name(s) and last known address(es) of the Defendant(s) are: SHANNON L. PEARSON 11 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007 KELLEY K. PEARSON 11 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/30/1998 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. 1494, Page 421. 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 08/01/2002 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 #: 0000258590 6. The following amounts are due on the mortgage: Principal Balance Interest 07/01/2002 through 05/27/2003 (Per Diem $14.82) Attorney's Fees Cumulative Late Charges 10/30/1998 to 05/27/2003 Cost of Suit and Title Search Subtotal $80,518.72 4,905.42 1,250.00 409.87 $ 550.00 $ 87,634.01 Escrow Credit 0.00 Deficit 980.59 Subtotal $ 980.59 TOTAL $ 88,614.60 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 will be charged. 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 is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 88,614.60, together with interest from 05/27/2003 at the rate of $14.82 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: /7~Hall'~an/'~~'''''''''~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Loan #: 0000258590 ALL THAT CERTAIN tract of land with improvements thereon erected situate in E;outh Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the public road leading from the Carlisle- Boiling Sprimgs Road at Springville, to the Boiling Springs-Craighead Road. which point is the Northea:~t corner of land now or formerly of Oran Negley; thence by land now or formerly of .~;aid Negley, South 12 degrees East 213.20 feet to a stake; thence along land formerly of [~oy IE. Barrick and Viola M. Barrick, his wife, nor or'formerly of the South Mlddleton T:)wnship School district, North 80 degrees least 60 feet to an iron pin; thence by land formerly of Roy E. Barrick and Viola M. Barrick, his wife. now or formerly of Ray Paxton and wife, arid through an iron pin at the side of the aforesaid $13ringville Road, North 12 degrees W~:st :213.72 feet to a spike in the center of the aforesaid SpHngville Road, thence along the ~-~nter of said Sprlngville Road, South 79 degrees 30 minutes West 60 feet to a spike, the place of BEGINNING. BEING improved with a frame ranch dwelling house, known as and numbered 11 West Springvilte Road, Boiling Springs. Pennsylvania 17007. THE AEIOVE description is in accordance with a survey prepared by Thomas Neff. Registered Surveyor, dated May 9, 1964. BEING THE SAME which C~aig Boyd. Executor of the Last Will and Testament of Marry C;athryn mhumma"; by his deed dated July 30, 1998 and recorded in the Office of the Recorder of D aeds in and for Cumberland County, Pennsylvania, in De~d Book 18:2 at page 334, sold and conveyed unto Harold Davis and Linde L. Davis, husband and wife, the Grantors here n. PREMISES BEING: 11 WEST SPRINGVILLE ROAD. VERIFICATION MARC J. HINKLE hereby states that he is V.P. of CENDANT MORTGAGE CORPORATION 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 tree 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 unsxvorn falsification to authorities. DATE: SHERIFF'S RETURN - CASE NO: 2003-02504 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION VS PEARSON SHANNON L ET AL REGULAR RICHARD SMITH Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE PEARSON SHANNON L DEFENDANT , at 1857:00 HOURS, at 11 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007 by handing to KELLEY PEARSON, WIFE a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 3rd day of June the , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 31.45 Sworn and Subscribed to before me this /,~ ~ day of  2~3 A.D. vrotnonotary So Answers: 06/04/2003 FEDERB~: ~ pdty sheriff SHERIFF'S RETURN - CASE NO: 2003-02504 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CL~4BERLAND CENDANT MORTGAGE CORPORATION VS PEARSON SHANNON L ET AL REGULAR RICHARD SMITH , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE PEARSON KELLEY K DEFENDANT , at 1857:00 HOURS, at 11 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007 KELLEY PEARSON a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to was served upon the on the 3rd day of June by handing to - MORT FORE together with law, 2003 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 A.D. ! ' Prothonotary So Answers: R, Thomas Kline 06/04/2003 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215} 563-7000 CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff, SHANNON L. PEARSON KELLEY K. PEARSON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2504-CIVIL TERM PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against SHANNON L. PEARSON and KELLEY K. PEARSON, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 5/27/03 to 7/8/03 TOTAL $86,614.60 $637.26 $89,251.86,/ I hereby certify that (1) the addresses of the Plaintiffand Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. /~ PRO PROTHY ~ FEDERMAN AND PHELAN, LLP 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 (715) 56q-7000 CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES Plaintiff VS. SHANNON L. PEARSON KELLEY K. PEARSON Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 03-2504 CIVIL TERM TO: KELLEY K. PEARSON 11 WEST SPRIiNGVILLE ROAD BOILI~IG SPRINGS, PA 17007 FILE COPY DATE OF NOTICE: JIINE 24, 2003 THIS FIRM IS A DEBT COLLECTOR AI-IEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN A'I-flSM~T TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATfI~MPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE, You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following o~ce 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 LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP 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 (?IS) $6:~-7000 CENDAlqT MORTGAGE CORPORATION, F/KJA PHZI MORTGAGE SERVICES Plaintiff VS. SHANNON L. PEARSON KELLEY IC PEARSON Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 03-2504 CIVIL TERM TO: SHANNON L. PEARSON 11 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007 DATE OF NOTICE: JI~NE 24. 2003 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU l~q AN AI'flgMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIiN, AND ANY INFORMATION OBTAENED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, TI-IIS CORRESPONDENCE IS NOT AlqD SHOULD NOT BE CONSTRUED TO BE AN AI'I'trMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAEqST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within tea (10) days from the date of this nolice, a J'udgmeat may be entered against you without a hearing and you may lose your property or other important fights. You should take this notice to a lawyer at once. ff 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 CUMBERL3..ND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQLffRE Attorneys for Plaintiff SHERIFF' $ RETURN - REGULAR CASE NO: 2003-02504~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION VS PEARSON SHANNON L ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PEARSON SHANNON L the DEFENDANT , at 1857:00 HOURS, on the 3rd day of June , 2003 at 11 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007 by handing to KELLEY PEARSON, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ....... day of ~ -. A.D. So Answers: R. Thomas Kline 06/04/2003 FEDERMAN ~ By: Prothonotary PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CENDANT MORTGAGE CORPORATION, F/FdA pHH MORTGAGE SERVICES Plaintiff, Vo SHANNON L. PEARSON KELLEY K. PEARSON Defendant(s). No: 03-2504-CML TERM 'To THE DIRECTOR OF THE OFFICE OF THE P KOTHONOTARY: IssUe writ of execution in the above matter: Amount Due Interest firom 7/8/03 to DECEMBER 10, 2003 (per diem -$14.67) TOTAL $89,251.86 $2,273.85 and Costs $91,525.71 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. LEC, AL DESCRIPTION ALL THAT CERTAIN tract of land with improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a poim in the center line of the public road leading from the Carlisle~Boiling Springs Road AR Springville, to the Boiling Springs-Craighead Road, which point is the Northeast comer of land now or formerly of Oren Negley; thence by land now or formerly of said Negley,. South 12 degrees East 213.00 feet to a stake; thence along land formerly of Roy E. Barrick and Viola M. Barrick, his wife, now or formerly of the South Middleton Township School District, North 80 degrees East 60 feet to an iron pin; thence by land formerly of Roy E. Barrick and Viola M. Bardck, his wife, now or formerly of Ray Paxton and Wife, and through an iron pin at the side of the aforesaid Springville Road, North 12 degrees West 213.72 feet to a spike in the center of the aforesaid Springville Road; thence along the center of said Springville Road, South 79 degrees 30 minutes West 60 feet to a spike, the place of beginning. Tax Parcel #40-28-2100-090 TITLE TO SAID PREMISES IS VESTED IN ' Kelley K. Pearson and Shannon L. Pearson, his wife by Deed from Harold Davis and Linda L. Davis, his wife dated 10127/1998 and recorded 11/4/1998 in Record Book 188, Page 453. FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES 4001 LEADENHALL ROAD Plaintiff, SHANNON L. PEARSON KELLEY K. PEARSON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2504-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE FRANK FEDER/VlAN, 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 SHANNON L. PEARSON is over 18 years of age and resides at, 11 WEST SPRINGVILLE ROAD, BOILING SPRINGS, PA 17007. (c) that defendant KELLEY IL PEARSON is over 18 years of age, and resides at, 11 WEST SPRINGVILLE ROAD, BOILING SPRINGS, PA 17007. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES Plaintiff, V. SHANNON L. PEARSON KELLEY K. PEARSON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2504-CIVIL TERM 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: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CENDANT MORTGAGE CORPORATION, F/K/A : PHH MORTGAGE SERVICES : : Plaintiff, : _. SHANNON L. PEARSON : KELLEY K. PEARSON : Defendant(s). : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-2504-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES, 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 ,11 WEST SPRINGVILLE ROAD, BOILING SPRINGS, PA 17007. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SHANNON L. PEARSON 11 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007 KELLEY K. PEARSON 11 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007 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: Nanle None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: NalTle 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: Nanle 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. Narfle 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: Nallle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 11 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. July 8, 2003 DATE FRANK FEDERMAN, ESQUIRE Attomey for Plaintiff CENDANT MORTGAGE CORPORATION, F/K/A PIH:I MORTGAGE SERVICES Plaintiff, V. SHANNON L. PEARSON KELLEY K. PEARSON Defendant(s). TO: SHANNON L. PEARSON 11 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007 CUMBERLAND COUNTY No. 03-2504-CIVIL TERM July 8, 2003 KELLEY K. PEARSON 11 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007 **THIS FIRM IS ,4 DEBT COLLECTOR ,4 TTEMPTING TO COLLECT'4 DEBT '4ND '4NY 1NFORM'4TION OBT'4INED WILL BE USED FOR TH'4T PURPOSE. IF YOU H'4VE PREVIOUSLY RECEIVED A DISCH'4RGE IN B'4NKRUPTCY AND THIS DEBT W'4S NOT RE'4FFIRMED, THIS IS NOT~4ND SHOULD NOT BE CONSTRUED TO BE TTEMPT TO COLLECT ,4 DEBT, B UT ONLY ENFORCEMENT 0F,4 LIEN '4G'41NST PROPERTY. ** Your house (real estate) at, 11 WEST SPRINGVILLE ROAD, BOILING SPRINGS, PA 17007~ is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $89,251.86 obtained by CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES (the mortgagee) against you. In the event the sale is cont'mued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215} 563-7000. 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. You may also be able to stop the sale through other legal proceedings. You may need an attomey to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out 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 Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center line of the public road leading from the Carlisle-Boiling Springs Road AR Springville, to the Boiling Springs-Craighead Road, which point is the Northeast comer of land now or formerly of Oren Negley; thence by land now or formerly of said Negley,. South 12 degrees East 213.00 feet to a stake; thence along land formerly of Roy E. Barrick and Viola M. Barrick, his wife, now or formerly of the South Middleton Township School District, North 80 degrees East 60 feet to an iron pin; thence by land formerly of Roy E. Barrick and Viola M. Barrick, his wife, now or formerly of Ray Paxton and Wife, and through an iron pin at the side of the aforesaid Springville Road, North 12 degrees West 213.72 feet to a spike in the center of the aforesaid Springville Road; thence along the center of said Springville Road, South 79 degrees 30 minutes West 60 feet to a spike, the place of beginning. Tax Parcel #40-28-2100-090 TITLE TO SAID PREMISES IS VESTED IN Kelley K. Pearson and Shannon L. Pearson, his wife by Deed from Harold Davis and Linda L. Davis, his wife dated 10727/1998 and recorded 11/4/1998 in Record Book 188, Page 453. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-2504 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENDANT MORTGAGE CORPORATION, F/IGA PHH MORTGAGE SERVICES, Plaintiff (s) From SHANNON L. PEARSON AND KELLEY K. PEARSON ( 1 ) 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 attachment has been issued; (b) the garnishee(s) is enjoined from pay/ng any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $89,251.86 L.L, $.50 Interest FROM 7/8/03 TO 12/10/03 (PER DIEM - $14,67) - $2,273.85 AND COSTS Atty's Corem % Due Prothy $1.00 Atty Paid $129.45 Other Costs Plaintiff Paid Date: dULY 10, 2003 (Seal) CURTIS R. LONG Prothonotary Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE CENDANT MORTGAGE CORPORATION, F[K/A PHH MORTGAGE SERVICES SHANNON L. PEARSON SERVE KELLEY K. PEARSON AT 11 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007 CUMBERLAND COUNTY No. 03-2504-C/V/L TERM ACCT. #0000258590 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2003 ,2002 at ~[J~7J o'clock ~.m., at , Commonwealth of Pennsylvan/a, in thc manner described below: ~Defendant personally served. Adult family member with who,m Defendant(s) reside(s). Relationshi is 0 ~' cZ . -- _Manager/Clerk of place of lodging in which Defendant(s) reside(s). . Agent or person in charge of Defendant(s)'s office or usual place of business. __ _ Other: - an oaicer of said Defendant(s)'s company. Description: Ag,%~ Height .__~ Wei,a,, ,~//'h ~. I/X{ rtl ~0~ -- ~, a competent adult, beiag duly swora according to law, depose and s~ate that I personally handed a true and correct copy of the Notice of S~heriffs Sa~ ;~*~-- ~j-...ot ~ o~t ¢,~ h~.qu ~o~.,~4 f he Sworn to and sub c ' d Or~ ~., Fr~nl~ bef°re~netthis 'u~fi~Iv Onthe~ _day of __ Moved __ Unknown __ ~ttempt._ / / Time: : 3rd Attemptk / / Time:_ Sworn to and subscribed before me tiffs -- day of ~ 200 _. Notary: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 NOT SERVED ~ 200__, at ~ _ No Answer By: o'clock __.m., Defendant NOT FOUND because: _ Vacant attempt.~ / / Time: AFFIDAVIT OF SERVICE PLAINTIFF CENDANT MORTGAGE CORPORATION, F/K/A pHH MORTGAGE SERVICES DEFENDANT(S) KELLEY K. PEARSON SERVE SHANNON L. PEARSON AT 11 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007 CUMBERLAND COUNTY No. 03-2504-CIVIL TERM ACCT. 00000258590 Type of Action - Notice of Sheriff's Sale S~le Date: DECEMBER 10, 2003 Served and made known to 5fio~310OSJ of Pennsylvania, in the manner described below: ~ 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 of lodging in which Defendant(s) reside(s). Agent or person m charge of Defendant(s) office or usual place of bnsiness. -- an officer of said Defendant(s)'s company. SERVED eo-2~q~O e~ ~_, Defendant, on the dayof "~,o(~ ,200~ Other: Description: Age L/-0 Height ~ t Weight o~ 0 Race k0~t Sex Id[ Other b~.~i IJc) the ad,ess ~dicated above. Sworn to ~d sub~d I oft~s ,,200 · ~ · 4/~,,'~.. N°t~~ICATE NOT SERVED o'clock __.m., Defendant NOT FOUND because: _ Vacant 2na Attempt: / / Time: On the daY of ,200__, at Moved __ Unknown__ No Answer 1st Attempt: / / ..Time: : 3rd Attempt: / / Time: : Sworn to and subscribed before me this day of ., 200 _. Notary: By: Attorne for Plaintiff Frank Federman, Esquire - I.D. No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES VS. SHANNON L. PEARSON KELLEY K. PEAR. SON ) CIVIL ACTION CIVIL DIVISION NO. 03-2504-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for CENDANT MORTGAGE CORPORATIONi F/FdA PHH MORTGAGE SERVICES hereby verify that on July l0t 2003 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: 4, 2003 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Cendant Mortgage Corporation f/k/a PHH US Mortgage Corporation VS Shannon L. Pearson and Kelley K. Pearson In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-2504 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Poundage 12.51 Advertising 15.00 Posting Handbills 15.00 Levy 15.00 Surcharge 30.00 Service 6.90 Law Journal 256.10 Patriot News 207.19 Law Library .50 Prothonotary 1.00 Postpone Sale 20.00 Share of Bills 28.90 $ 638.10 paid by attorney 03/05/04 Sworn and subscribed to before me So Answers: This ~ '~ day of R. Thomas Kline, ~heriff 2004, A.D. G~ft~.~ t~ Prothonotary Real Esfa~e Deputy THE pAtRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established Mamh 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Metro editions which appeared on the 28th day(s) of October and the 4th and 11th day(s) of November 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book Volume 14, Page 317. COPY Sworn to n~[~'ubscribed before~l~this 19th dayof ,Nov/v/~er 2003 A.D. S A L E #19 REAL [ !~,. 1~ City Of Hamerlu~. uaupnln ,..;ounlv- ~ // My Commi~ Expires June 6, ~ I NOTARY PUBLIC Mamber, pennsylvania assooa~on Of Nota~esMy commission expires Juno 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 207.19 Publisher's Receipt for Advertising Cost ., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general le receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly swom, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz~ OCTOBER 17, 24, 31, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 19 Writ No. 2003-2504 Civ/l Cendant Mortgage Corporation, f/k/a PHH Mortgage Services Shannon L. Pearson axed Kelley K. pearson Atty.: Frank Federman LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with improvements thereon erected situate in South Middleton Town- ship. Cumberland County, Pennsyl vanla, bounded and described as follows, to wit: BEGINNING at a point in the cen ter line of the public road leading from the Carlisle-Boiling Springs Road AR SpringMlle, to the Boiling Springs Craighead Road. which point is the Northeast comer of land now or formerly of Oren Negley: thence by land now or formerly of said Negley, South 12 degrees East 2t3.00 feet to a stake: thence along land formerly of Roy E. Barrick and Viola M. Barrick, his wife. now or formerly of the South Middleton Township School District, North 80 degrees East 60 feet to an iron pin; thence by land formerly of Roy E. Barrick mad Viola M. Ba~rick. his~ wife, now or formerly of Ray paxton and Wife, and through an iron pin at the side of the aforesaid Spring ~lle Road. North 12 degrees West 213.72 feet to a spike in the center of the al'oresald Springville Road: thence along the center of said SpringVflle Road, South 79 degrees 30 minutes West 60 feet to a spike, the place of beginning. Tax Parcel #40 28~2100-090. TITLE TO SAID PREMISES IS VESTED IN Kelley K. Pearson and Shannon L. Pearson. his wife by Deed l¥om Harold Davis and Linda L. Davis. his wife dated 1/I/27/ 31 dayof OCTOBER, 2003 NOTARIAL SEAL ~ LOIS E. SNYDER, Notmy PubliC Carlisle Boro, Cumbedand County My Commission ER)ires March 5, 2005 BEGINNING at a point in the cen- ter line of the public road leading from the Carlisle-Boiling Springs Road AR Springville, to the Boiling Springs Craighead Road, which point is the Northeast comer of land now or formerly of Oren Negley: thence by land now or fom~erly of said Negley, South 12 degrees East 213.00 t~et to a stake; tl~,ellce along Land formerly of Roy E. Barrick and Viola M. Barrick, his wife. now or formerly of the South Middletan Township School District, North 80 degrees East 60 feet to a.n it-on pin; thence by land formerly of Roy E. Barrick and Viola M. Barrick. hisi w~k, now or fmTnerly of Ray PaxIon' and Wife, and through am iron pin at the side of the aforesaid Spring- ville Road. North 12 degrees West 213,72 feet to a spike in the center of the aforesaid Springville Road; thence along the center of said Springvllle Road, South 79 degrees 30 minutes West 60 feet to a spike, the place of beginning. Tax Parcel ~40-28-2100-090. TITLE TO SAID PREMISES IS VESTED IN Kelley K. Pearson and Shannon L. Pearson. his wife by Deed lkam Harold Davis and Linde L. Davis, his wife dated 10/27/ 1998 and recorded 11/4/1998 in Record Book 188. Page 463. My Commission Ex~ims Mamh 5, 2095 Michelle McLaughlin, Plaintiff Jason Brady Jumper, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO/INTY, PENNSYLVANIA NO. 04-2504 CIVIL TERM CUSTODY CERTIFICATE OF SERVICE I, Jessica Diamondstone, Esquire, of MidPenn Legal Services, attorney for the Plaintiff, Michelle McLaughlin, hereby certify that I have served a copy of the foregoing Motion for Continuance on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Kara Haggerty, Esquire 36 South Hanover Street Carlisle, PA 17013 MidPe~m Legal Services, Inc. Date: Jessica ~iamSnd~, Grace D'Alo, Esquire MidPcnn Legal Services 8 Irvine Row Carlisle, PA 17013