Loading...
HomeMy WebLinkAbout01-06494 / , STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } SS, Robert P Ziegler I, ______________________________________________________________________________Recorderof Deeds in and for said County and State do 'hereby certify that the Sheriff's Deed in which ________________ Altegra Credit Co , _________________________________"________________________~------------------------- ~ thegtantee the sa,;"e having been sold to said gtantee on the ___~~.::________________________________________ day of June 02 ________________________________________ A, D., ; _____, under and by virtue of a writ______________, Execution . 13rh ________________________________________________~uedonthe_____________________________________ day of _________________~_':.:::!:___ A. D., Civil ---------------------------- - -.~------------ - ---- ---- --- --------------- ------__ -__ TennJ : , 6494 Altegra Credit Co Number ______________, at the suit of ______________________________________"________~_______________ Charles E Dougherty & Joan M ---------------------------______ __ against____ _ _ _________ ________________________ __ ____ _______ is 252 2039 duly recorded in Sheriff's Deed Book No. ____________, Page ____________. 02 . _____, out of the Court of Cornman Pleas of said County as of 2001...... IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ____~:.___ day of _________~------------- A. D., ;;t.~_'2_~ --~--~"-~1't~~ n~~=/:=,~ ~- '~ -"' ,,'- , '-"- ,-,1..-_,.,.;. -" ~'"''~~''''' ~i~~u."'-~ Altegra Credit Company VS Charles E. Dougherty and Joan M. Dougherty In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6494 Civil Term Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on March 18, 2002 at 8:32 o'clock am, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Charles E. Dougherty, by making known unto Sara Dougherty, adult daughter of defendant, at 18 Hurmnel Ave., Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on March 18,2002 at 8:32 o'clock am, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Joan M. Dougherty, by making known unto Sara Dougherty, adult daughter of defendant, at 18 Hurmnel Ave., Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2002 at 3:02 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Charles E. Dougherty and Joan M. Dougherty located at 18 Hurmnel Ave., Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being dilly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency ofthe action to one of the within named defendants to wit: Charles E. Dougherty, by regular mail to his last known address of 18 Hurmnel Ave., Camp Hill, PA 17011. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Joan M. Dougherty, by regular mail to her last known address of 18 Hurmnel Ave., Camp Hill, P A 17011. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5'2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Altegra Credit Company. It being the highest bid and best price received for the same, Altegra Credit Company of 150 Allegheny Center Mall, Pittsburgh, P A 15212, being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of $760.57, it being costs. ;;; ~ '>~,~~~~~~ ~- Sheriff s Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Service Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed , '"' $30.00 14.91 15.00 15.00 30.00 10.00 ,50 1.00 20.70 1.81 15.00 30.00 284.00 212.95 25.20 25.00 29.50 $760.57 paid by attorney 6/26/02 I...~~ ~ Ji!Ii .oo;"""""",,,.:,,,";.,,,{O Sworn and subscribed to before me So ~: This J:j~daYOf4~ ~ -:.-t:'~---c.# ~ R. Thomas KlIne, Shenff 2002, A.D. Q. ~L,~ I rJ II S' ~ J( o onotary BY 'J6~ VVlt:DIl Real Estate Deputy ~ 3D'tI"~ 1.,fJ Ck,3?/J,D ;;. -7;;1 J'l ~/ ~~ =~h__'M~_ ....," I ~";~~~ -t'iI;t1i'_"",~,,,,,~~:, , ..' .' AL TEGRA CREDIT COMPANY .. . , CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS CHARLES E. DOUGHERTY JOAN M. DOUGHERTY CIVIL DIVISION NO. 01-6494 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) ALTEGRA CREDIT COMPANY, 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 ,18 HUMMEL A VENUE, CAMP HILL, PA 17011 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHARLES E. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL, P A 17011 JOAN M. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL, PA 17011 2. Name and address ofDefendant(s) in the judgment: CHARLES E. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL, PA 17011 JOAN M. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL, P A 17011 3. Name and last known address of every judgment creditor whose judgment IS a 1 :;c:Jrd lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. ~ ~~ ~- -.~" L "_...........~ ". f.a ". -~~, ~~"'--'I!tW",,~',--,,-, , . . ...'-' 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) COMMERCIAL CREDIT CORP. 3401 HARTZDALE DRIVE, STE. 126 CAMPHILL,PA 17011 S. 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) LOWER ALLEN TOWNSHIP AUTHORITY 120 LIMEKILN ROAD NEW CUMBERLAND, P A 17070 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 18 HUMMEL AVENUE . CAMPHILL,PA 17011 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 oft8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 8. 2002 DATE ::r~7-~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff <' ._'" j,. I " " -""'"~'- " ='""~.". _"'-~~',,"-;.-WM~.- . , ALTEGRA CREDIT COMPANY Plaintiff, CUMBERLAND COUNTY v. No. 01-6494 CIVIL CHARLES E. DOUGHERTY JOAN M. DOUGHERTY Defendant(s). March 8, 2002 TO: CHARLESE.DOUGHERTY 18 HUMMEL AVENUE CAMP HILL, PA 17011 JOAN M. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU 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, 18 HUMMEL AVENUE, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriff's Sale on JUNE 5,2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of 78,252.04 obtained by ALTEGRA CREDIT COMPANY (the mortgagee) against you. In the event the sale is continued, an armouncement 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: g15) 563-7000, 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) ".,;: r ~. ~ " ~~' ~= I~'""~'I o I ..;~" ~"' ~i&llJ<i>4;""""''''~'1''- , 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 ifthe buyer pays the Sheriffthe 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 ofthe property as if the sale never happened. s. 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 ..,,~ - ,'_~ ~'~L I-, <', _" .,0'" [;.~.' ,,,, - ='~'if3;~~--, ~ ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, County of Cumberland c;::c S~C,.: of P':~U:Filvan.ia bounded and described as follows to wit: . , BEGINNING at a point on the Nonhern line of Hummel Avenue, as laid down by the W, Gorps Estate'. which point is two hundred eighty (280) feet West of the Western line of MilltoWG R~2,i, "f ''::~ div)lion line of Property No, 16; thence Northwardly at right angles with Hummel A venue, through the center of the partition wall of this and adjoining house and beyond one hundred nineteen (119) feet, more or less, to a point on the Southern line of a public road: thence Westwardly along the Southern line of said Public Road thirty-five (35) feet. more or less, to a point on the division line of Lot :>io, 20; thence Southwardly along said division line one hundred nineteen (119) feet, more or less, to the Northern line of Hummel Avenue and thence Eastwardly along the Northe:-r: line of said Hummel Avenue thirty-tlve (35) feet to a point. the place of beginning, R\ VING thereon erected a brick dwelling house. known and numbered as 18 in said Plan of Lots, T '" ""'1 ()-,. P 1 "~6 3.X .Vlap -:Y__-' ::l.JQ arce~:1: TITLE TO SAID PREMISES IS VESTED IN Charles E. Dougherty and Joan N~Ugherty, his wife by Deed from Roben W. Farver and Arlene L. Farver, his wife, et ai, dated 10/20/1980, recorded lOi22/1980, in Record Book 29-D, Page 961. - -. "'...'..J.......~"~ ",< I '" ' ~ .'" . b",,,--,~,, ... ,.........l .,~ ~ . -;6;w~ltJ""""' WRIT OF EXECUTION lind/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-6494 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ALTEGRA CREDIT COMPANY PLANTIFF(S) From CHARLES E. DOUGHERTY AND JOAN M. DOUGHERTY (I ) You are directed to levy upon the property of the defendant( s) and to sell SEE LEGAL DESCRIPTION OF PROPERTY (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated, Amount Due$78,252.04 L.L,$.50 Interest FROM 3/8/02 TO 6/5/02 (PER DIEM - 12.86) $1,144.54 AND COSTS Arty's Comm % Due Prothy $1.00 Arty Paid $187.22 Other Costs Plaintiff Paid Date: MARCH 13, 2002 CURTIS R. LONG Prothonotary, Civil Division By: ~ i". X~r fiij REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SmTE 1400 PHlLADELPIDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No, 12248 .:'-_1 A:~ "' ~')- ,,-"- -,- a::;r. thl--:-,; :;:C ,0 (.,] C") cC) \), c" ,'- '--:::r" L,; -- __ :.::~~~~ ~Ct ~ " ~:'C- ,~-,".c.d",-,,;< > ,'.- __ h _. ''',-i''''~'i~''''!3;f)(,#MW.o\lt~J1?l!i!l~~!ii!~i~;m-,,~;,t''''~,drlli,~;i''!~!iU~,\Wj~'fl Real Estate Sale # y& On March 14, 2002 the sherifflevied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, P A known and numbered as 18 Hummel Ave., Camp Hill, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 14, 2002 By: JCdy~ Real Estate Deputy --'" , "'< r,r,; . ..,i'" "'. -:1'" -- \::J 0- ~ ~ -~ -, ~_.. . " '~"" ",.. - i (-) GiiJ :g ~ I,. ~_ ~~~,~~ ..,.' ~''''--'d,,':;'......, '~ '" 'lIIt~;1i!lllt%i2""~L" PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor ofthe Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VlZ: APRIL 26, MAY 3,10,2002 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 subj ect 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. ~Edit:;- SWORN TO AND SUBSCRIBED before me this 10 day of MAY. 2002 NOT. LOIS E. SNYDER. NoIlIiy ~PubIlc , Carlisle IIoio CumbeIIand My ComInI88loii ExpiI8a MardI 5, ]'I """--,,, ~ ESTATE SALE NO. 46 Writ No. 2001-6494 Civil Altegra Credit Company vs. Charles E. Dougherty and Joan M, Dougherty Atty.: Frank Federman ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, County of Cumberland and State of Pennsylvania bounded and described as follows, to wit: BEGINNING at a point on the Northern line of Hummel Avenue. as laid down by the W. Gorgas Es- tate. which point 1s two hundred eighty (280) feet West of the West- em line of Milltown Road, at the di- vision line of Property No. 16; thence Northwardly at right angles with Hummel Avenue. through the cen~ ter of the partition wall of this and adjoining house and beyond one hundred nineteen (119) feet. more or lese, to a point on the Southern line of a public road; thence West- wardly along the Southern line of said Public Road thirty-five (35) feet, more or less. to a point on the divi~ sian line of Lot No. 20; thence Southwardly along said dlvlston line one hundred nineteen (119) feet, more or less. to the Northern line of Hummel Avenue and thence East- wardly along the Northern line of said Hummel Avenue thirty-five (35) feet to a point. the place of begin- ning. HAVING thereon erected a brick dwelling house. known and num- bered as 18 In said Plan of Lots, Tax Map #22-0536 Parcel #36, TITLE TO SAID PREMISES IS VESTED IN Charles E, Dougherty and Joan M. Dougherty, his wife by Deed from Robert W, Farver and Arlene L. Farver. his wife, et al, dat- ed 10/20/1980. recorded 10/22/ 1980. In Record Book 29-D. Page 961. . .b","'~~ ',.....,"'@:~"'~, ~_.o " ....~~.~ _;,~ I" ~ _ L......, ""'~~"k'd<,~',:';, J ~ . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the 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 Sundav Patriot-News newspapers of general circulation, printed and pUblished at 812 to 818 Market Stree1, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day{s) of April 2002 and the 7th day{s) of May 2002. 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 REA~~~AL6No.46 .' '1'/1jI;tl.i!i'2OO1'6494 ,",CI.l\r$m " AlleglallrellRColnpa!'Y : :':', --'VIi:., ' Chlrletf;:Dougllerjy and ' ~f.\;bo~ 'AllY: FranJ(FOdOtman Dt!SCRIPIlON:, , . AtLTIlAT=AlN,pioeeorpart:elofland sl_ m Lower ,Alten:'-"TllWnship; 'County of Cumberland and State,of-Peiijisylvania boundell,and,descn1Jed as foJlows,u)l.vit:;' , ' __ ,j' " BeoINNING 'at a:" ,point, pn the r:rortheri1 "Ihie of ' Hvrnmel, Aveijue"asJaid doWtl'bY',tl1e KOorgas Estate, which point islyio hundred elgh~ (280l' feet , West of the West. em:line of MilItbwn Road atthe diyisiOnline.of~perty,N9;:16;,thenceNOrthwijfilly , at right 'angles'y/ithHpmmel Avenue,' .through the cel1ter oftlie,pllrtitioO:"w;l1Lof--this'and,adjoining house and hiyoint onepo~d'oin~eio (li9) lei, more or lesS, to a pow 'on the Soulli~m)ine'9f,a, public road; thence,:'X~Y'~eng"the Southern , lineofs~dPubli'ROalliWrtr-!ive(l5)leet,moreot, publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general leos, to 'p<>inron tire division iine of Lot No, 20: ", ., , , d 'f' h th h thence son1hwaidli~Ong said di~sloo line 'one '~e receipt of the aforesaid nollee and publication costs an certl les t at e same ave h\JlldrOl oineteen,(l19).feet;m..."or less; io,ilie NOl\huni.,'Ihie i>!'Hijn\)liel AVeW< and,lhInce Eastwardly alotiftlie-Nm1hem"line ,of said HOOe1 AVenue t!iirtj_.five' (3S).,feet to'a pOint, the place of BF.GlNN!Nq, " " . HAVtNG'th~reiiDl :etepte(J'.a bri~tdw'elling house, known and mim1;le,ted,as 'tRin said Plan of Lots; TaxMilpll224J5l6Parcel#l6, TITLE TO SAID pre~ses 'is ,vested in Charles E, D<iugherty and Joan M, Dougherty,' his wlle,hy Deed from ,Robert W."Farver and Arlene -L. Farver! his wif, et ai, d.'d 1012011980, recorded 10l22l1980"in Ro:orQ BOO<29.D;Page 961. 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 lor said County of Dauphin in Miscellaneous Book "M", V;I~:~I~:~:~:' ~~..~..................................................... COpy . e IS t day I a 02 A,D, Notarial Sa.1 S ALE #46 Tony L. Flu..~II, Notal'! Public Harrisburg. Dauphin County MY commission Explres June 6, 2002 Member, pennsyWania I\&SOOla\\on at Notaries CUMBERlAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA. 17013 My commission expires June 6, 2002 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr, For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee{s) Tolal $ $ $ 211.20 1,75 212.95 Publisher's Receipt for Advertising Cost By............""".,.,.,.......,...,.,.,............,.,.,.,.,.,.,.,. -_..-"~.~_.._,.__. -,~ ,I,,' , " ' ~I....... ." ' ..;"'.' ..,~~""",~", ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: AL TEGRA CREDIT COMPANY ) ) CIVIL ACTION vs. CHARLES E. DOUGHERTY JOAN M. DOUGHERTY ) ) CIVIL DIVISION NO. 01-6494 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for AL TEGRA CREDIT COMPANY hereby verify that on 3/13/02 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 "AU attached hereto. Notice of Sale was sent to the Defendant(s) on 3/13/02 by certified mail return receipt requested see Exhibit "B" attached hereto. DATE: Aoril26, 2002 ~~~t~A/~ F NK FEDERM N, ESQUIRE Attorney for Plaintiff &, !ll -,'. t"" 0>- "'1>- "'.., w to.) - ~. rile;- g' ~ - - - - '"' 00 " '" '" .... g '" - :;: w to.) - 0 ~ - '" I>-~ "'z H '" ~ g~ )> ... => ~ '"" => ~g, => ,;, w , => ~tn CD ~ ... 0\ Z 00 ~~ c 00 3 ~ l:/' .. ... ~ i t:I z ...,...~ 0 .... -l' (j . [~(1l i~ ~ -.10 0 ~ a 0>-.1..., ~ . ~~ ~ 0 ~~~ .,- ~ ~ H ~ otI1 ~ > ~S ~ I ~ :;d ~ ",' ~ i! '"'1Q o " tl tl 0 0>. _ 0 >- j .....,~~ ~~ 0 g ("J ?i: o::::! l' Sg 8 ~ '" >- g " ~ l' ~ ~ i g - ~ ... 0> gJ r ,",,,- ~ . -l>-rIl ~ ~ (j ~ il. 0,< c >-:l 0 0 '" "'t:l:l0" .><: 0 'T1 ~ ~oe; ~ - ..., '" ""aO" - - 00 ~ 0 ~ J;:,,~ 0 00 :;g i 0 ; ..... ~ ""'~rIl S czi ...., ~ Z > i~ :Ii (j '" ~ g.,p..g ~ ~ ~ J:d 0 " = . oa ~ 0 ~ "'rIl= 'H tt1 ~ t"" j ~ ~ S, ""l t"" )>- '" '~ t'" -ct q )>- >-:l w .! C'l_ i .. .... ! :Ii .... =0 .><: 0 0 tl ~ 0 tl - [;J ("J 0 Cl ~ .,. ~ ~ i ~ '" r . >-:l ~ :t t""' a:' '" ("J .>< s: ttl ~ 0 .~ ~ - tJ tv .~ ~ ,.' - ~ 0 >- w ~ l' ~ a , cg~g.g;l ~ l' '" .~;! tI1 . ;~ o 8=' ~ n - )>- j ~ ;;;~a 11: , '-,,',,' C! '" ~ I::J ;:: 8&lg: )>- - " - ~ " w~.~. '" - 0 ~ , ',/iii;:" &-.[ 0.[ " rz - \is ~ ;"g g. 0 - - .tI1 N ""01:1 - .... S"t':;' g, ~ S'o.co~ IZl ... ~ ......95_ >-:l 0 =:':g o~ R E; ~ ttl 2'<1,80 .' S' 't:l::r.'" 0 ~ Q""!:l ~ ~ a - ~~ g ii"}- @ tv X g,~~g .0\ to.) '" l"> _. C 0 ::E (j " ~ ;::, == ~ ::l .'" 9NR::lfe. (j ~ ~ ("J ~~~ii ~ ~ 8';~", "tI @ ~q~d?' :Ii C[9:9't:l1ll t:l:l lZl lZl ~. 3 ~ ; tI1 ..... ttl .~ l' ~ _."'::1 I r .~ o.8.~1 ... ~j ~o. "tI )>- - -, g 0 >- ... - ~"<~. " .." - )>- 0 a~ a - - -.I - w ~. a- g03. "tI 0 " 9-B'gli - .g g 0 [ >- - 0 g-tIja i! - '" . il ~ .' -. - ~.~ g'~ -~ U' '" Ii ~ ~~,. -- Il o ~~ il ~- "',-:.'{ II g ~ 0, " ~a~~ t~l~<fItl.'I'~1Ji'! "" ,J'-ioo( - (1l it _. 3 ~~J)E:t;,<j'~ ,~ U S ~gSTAGE : /()2 p~ ~8.:[ ~ - I~'. , . il .. ~ :::! - ~~? ~ .: ,.... ;'.~ l;!=,G ~ ~~~ 13'02 ;:Jr\>'~\:: I .7 5 ::~ : ,:0 ~' - - 8 il , 11. ::t.!;l _. . ~H~ . ,'t\ ~~ 'g ~ ~\ ,~ ~Eii'i~ ,--P 1'- 6068,60, ",' _ ~ i\\ g g 0- I I I 1 I - .- I I' I I I ~~ . ';'-~~1fffi,lt. _J~ " I1lI~l'MWI,. ~~."",....., ~"'F"r,!"" ._IIIJliII!I!IIIfI1BlllB!ll(~I"""""""''''' .. .- . z .. e '" ~ = I>- I ~ ..., gJ .~ e ... ~_. '. ,~ ~, ,.~ ~". c" 71bO 3901 9644 7042 4201 TO: JOAN M. DOUGHERTY, 18 HUMMELL AVENUE, CAMP HILL, PA 17011 SENDER: TEAM 51IM REFERENCE: DOUGHERTY, CHARLES , , i , i I J I us Postal Service ! Receipt for I Certified Mail No Insurance Coverage j:)rovided Do Not Use for International'Mall . .~-~.-.,-~"-~.~--_..~~-~ ,_...,.~~~~~ PS Fonn 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Aestrlcted Delivery Total Postage & Fees ,.~.~",.~~~".<.,,;,,~~"'!l,'" _,' .,.. ""~.,.,...~..,,,..,...,"",".....--. I'w-'.,"-'''_ '" 'I.-,i.;,~~ _, " , "" ,- ",,~~ ""'-~~~':"~ii(;,;j;:_,,u,,,~,, ,~ 71bO 3901 9644 7042 4216 TO: CHARLES E. DOUGHERTY, 18 HlJMK1ELL AVENUE, CAMP HlLL,PA 17011 I ! I I \ i SENDER: 1 I I j I \ TEAM 51IM REFERENCE: DOUGHERTY,CHARLES PS Fonn 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees I US Postal Service POS i I Receipt for t~~~>: - ~.~ .,.., ~"","""'~----~...,~.-,.,-.~ ."~-.-,.~~~~-.--,>,,,,~--,,~=~~._,~~..,..~,,~-.,...-~~~-,-?--,.-_. f~'~--':;;~"i'-'~'it'""O;.(yj'b;;'+~:~um~l'&ilMi)~~~1i~~W<.~J1!!Jj),-);-t,,,,,""'I","i',~~_'i,,,,,"''''''ii~'!h'_'''!l.~'''d*,,I(''ti~;;lJ"-~~~i~Wl~i:i~~;fiII!1~~~~~t ""_~<~, ~, ,"H<_~^"-=-, ",_~, ,~_ '_"..,," , ,n"~ ,,-,/' " ,-~., ,~%, 0 o C ;:=0"" ~t~:': ..r- ,.- 0') ~~-- ~::- '-, Set :"~:.: ,,:-~ );.. ~~=:' :.::::;: "-j '""" ':;) :'0 Co) ,- ',- , i; I l;, C1 i",,} n -Ii :'!:'b --::1 ,::"'J .,., != --'[!l -,~;::j ),1 =!C) nr, <:; "7, '>'(5 ,'"", fT1 51 =rJ -< ,"'J \.0 ~~o -2.. p5 eJ./ ~~ , , , ~~J.~ ~~""i, h_"""_~,,,,~, <=" "_~"""""",,,,~~_,," -~ ~ ~- ~~ ~..~. ~ ~IF"'"'''''~''''''~"~~ "11'~!iiiI:l'Hli" """'""iWIiM,~;;;;b.i!lil.~"." ... ~. ... , t FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. J.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (71 'i) 'ifii-7000 ALTEGRA CREDIT COMPANY ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Vs. CUMBERLAND COUNTY CHARLES E. DOUGHERTY JOAN M. DOUGHERTY NO. 01-6494 CIVIL CF.RTIFICATION OF SF,RVTCF. I, Michele M. Bradford, Esquire, herby certifY that a copy of the Motion for Service Pursuant to Special Order of Court has been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. JOAN M. DOUGHERTY at: 18 HUMMELL AVENUE CAMPHILLPA 17011 100 LOCUST WAY DILLSBURG, PA 17019 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: T~nll",'Y 7 7002 /"Y?m!? Michele M. Bradford, Esquire Attorney for Plaintiff CZC, Svc Dept. H:/Main Fonnslmotions/county,comp ;,; .~:j~~lim.~~~<Ifl'Ji;;;:ifutf;f,i\1iil __~~~~.",~:,,--..u.,,~.";~Iijfj~~~~m'="'" ,~~ ;'J',,",~"~,,,,,'~,"--~- j ... ~-~ -- ~, "'~"'''-~-"'~,'-' "" ". --~, - '-'--,~"",' ~--,"'- , '''"''''..k~'~ii...'" - .. o c- ii]fr: ""-.'" r::~ ~: r----:: ~'-- ----,..i~" :s~ :-:::: --4 -< ~ > rrHt.)-, C f"J '- )::::> :5: '::=I Ul -~ . ~ ~ - ~ = , I~ ' , ' '-~~ ~",I<." " '"<'-M~,' FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, P A 19103-1814 (71 ~) ~n1- 7000 Attorney for Plaintiff ALTEGRA CREDIT COMPANY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. CHARLES E. DOUGHERTY JOAN M. DOUGHERTY Cumberland County Defendants No. 01-6494 CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. ~.,A-~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Date: January 7, 2002 CZC, SVC DEPT -'~\:,'-"-' :,/, "'i' ~'"~~-~~!li.m~i~ill~W.f~'ii.ii>i&t,'lJi;\1Y~,~1<-<'~"''''";''i'''''J.~~~~~~~I@IIl.li~ '0 ~~~,~~ ~". ~,.~,~",'~-~. ,-,~ ,""""",~, c ~~_' _, --, ,"- '_r. - o c: S -oce rT]f'j', 2:1' ~~.~ CL) ~- S;;f':~ j::C': '-;7 ~ .~~_~ . " ,_, "'"'.d''''~~"",," ,,,_ ^'~~~ o r'"w' '- -;\-1 ~ B4 ....,f,.) , " I' [1 ~ t , ~. i i l , ! I I ~T:' ,",'" ':...') c.:r ()'I ,~, ~ "~,'~ ,'~ ..-- " .I " j .~ ,-.1 - "' ~.-. J'u - , - "-"i.:......"''''-~1~'. ..' 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 ALTEGRA CREDIT COMPANY 150 ALLEGHENY CENTER MALL PITTSBURGH, PA 15212 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION Plaintiff TERM Nd.Ot - bW'f C!t(.)~C I~ v. CUMBERLAND COUNTY CHARLES E. DOUGHERTY JOAN M. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL, PA 17011 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAIl'/ED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TillS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOir AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUTIONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Coj.u-t. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objectiOns to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TIiIIS 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 17013 (717) 249-3166 Loan #: 7000016887 M ~h~ . I'~',- , ",' IF TIDS 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 LA W 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 ORIG1NAL 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 CO~SULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. ,""",-,'''""".,,,^, .,-, '''''''~''''--'.-'1' ""-IIi-jIM,.i.~ " 1- ~ '.0. . ,I.. ..,-.,' ,f,", '0 ~-";.-:',\, ",' 1. Plaintiff is ALTEGRA CREDIT COMPANY 150 ALLEGHENY CENTER MALL PITTSBURGH, PA 15212 2. The name(s) and last known addressees) of the Defendant(s) are: CHARLES E. DOUGHERTY JOAN M. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL, P A 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 9/18/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERICAN MORTGAGE REDUCTION, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1285, Page 1116. By Assignment of Mortgage recorded 10/10/95 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 505, Page 770. 4. The premises subject to said rnortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 6/22/01 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." ''l ~~" ~~'~, ~I..' -\'.Id 'M' JIi:"':"'~~", 6. The following amounts are due on the mortgage: Principal Balance Interest 5/22/01 through 1011101 (Per Diem $18.23) Attorney's Fees Cumulative Late Charges 9/18/95 to 1011/01 Cost of Suit and Title Search Subtotal $67,603.59 2,424.59 3,380.00 752.29 550.00 $74,710.47 Escrow Credit Deficit Subtotal 0.00 643.00 $ 643.00 TOTAL $75,353.47 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 will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. ~ 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 Plaintiffs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAlNTIFF demands an in rem Judgment against the Defendant(s) in the sum of $75,353.47, together with interest from 10/1101 at the rate of$18.23 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. }-~}~ Isl Frank Federman FRANK FEDERMAN, ESQUIRE .Attorney for Plaintiff (~, ~~ .-~l-' ,-= .~- .- ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN LOWER ALLEN TOWNSHIP COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT; BEGINNING AT A POINT ON THE NORTHERN LINE OF HUMMEL AVENUE, AS LAID DOWN BY THE W. GORGAS ESTATE, WHICH POINT IS TWO HUNDRED EIGHTY (280) FEET WEST OF THE WESTERN LINE OF MILLTOWN ROAD, AT THE DIVISION LINE OF PROPERTY NO. 16; THENCE NORTHWARDLY AT RIGHT ANGLES WITH HUMMEL AVENUE, THROUGH THE CENTER OF THE PARTITION WALL OF THIS AND ADJOINING HOUSE AND BEYOND ONE HUNDRED NINETEEN (119) FEET, MORE OR LESS, TO A POINT ON THE SOUTHERN LINE OF A PUBLIC ROAD; THENCE WESTWARDLY ALONG THE SOUTHERN LINE OF SAID PUBLIC ROAD THIRTY FIVE (35) FEET, MORE OR LESS, TO A POINT ON THE DIVISION LINE OF LOT NO. 20; THENCE SOUTHWARDLY ALONG SAID DIVISION~LINE ONE HUNDRED NINETEEN (119) FEET; MORE OR LESS, TO THE NORTHERN LINE OF HUMMEL AVNEUE AND THENCE EASTWARDLY ALONG THE NORTHERN LINE OF SAID HUMMEL AVENUE THIRTY FIVE (35) FEET TO A POINT; THE PLACE OF BEGINNING. HAVING THEREON ERECTED A BRICK DWELLING HOUSE, KNOWN AND NUMBERED AS 18 IN SAID PLAN OF LOTS. THE IMPROVEMENTS THEREON BEING KNOWN AS NO. 18 HUMMEL AVENUE. BEING THE SAME LOT OR PARCEL OF GROUND WHICH BY DEED DATED OCTOBER 20, 1980, AND RECORDED AMONG THE LAND RECORDS OF CUMBERLAND COUNTY IN LIBER D29, FOLIO 961, WAS GRANTED AND CONVEYED BY AND BETWEEN ROBERT W. FARVER AND ARLENE L. FARVER UNTO CHARLES E. DOUGHERTY AND JOAN M. DOUGHERTY, HUSBAND AND WIFE. "' , ~,,-,-,I , '>-0__-:"_ '';;''''~li<lltkW<;" VERIFICATION KAREN L. FINNEGAN hereby states that she is FORECLOSURE SPECIALIST of AL TEGRA CREDIT COMPANY mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~ DATE: u/~ol ~t~r~~'Iiii~Ij;~';mliL*,"Ul~'i,;;;l!;;f""",,,,:,,,,.~~,!,,,;b,;jf~,,'t'-',,,,,:.,i--'~!llm:-~';-;;;""W<,i!a!~~t~ilHbllltI!~lllli!l:~~~~!~1 ~ f? ~ -&q, ~ ill ~ (') 0 C""' 0) i! . J "l 8 ~ C i1 :::::- ...... () s:: z ~ ~ -ace; c::> " n"ln-j ...:::;: I j Z:X.l - .. ).J ~ zc 1:~:5 ~ W ~~.: c', ~ r::'-1 \ ";. ~> <'-..r Cl . -1', ~ cr ~Ci ~ {~!FJ 5>0 't...) ;:s;n c ~ <'-.) ~ ~ ill -< .c__..."c....ff . .^ ~"'~_\r,,~""'.c,," _~,_" _~ .<<=_,"'~c_, .C<"'_ ,,,,,,._,",,,,>~--,,.~~" _." , "'"~ _~, . .~ ~^~--",,".."., " ,", .'" ~ "~ , "~",,,,"_._.~, ~ '" ,~". -,~.. ~ ~~~ " ._~." ~ ~-' F, -I..... . , ~,~,ilil.~,;:l"'t,,', SHERIFF'S RETURN - REGULAR l CASE NO: 2001-06494 P I' COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ...- .- - ALTEGRA CREDIT COMPANY VS DOUGHERTY CHARLES E ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DOUGHERTY CHARLES E the DEFENDANT , at 2007:00 HOURS, on the 19th day of November, 2001 at 18 HUMMEL AVENUE CAMP HILL, FA 17011 by handing to ...- .- - CHARLES E. DOUGHERTY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.10 .00 10.00 .00 37.10 ~~<~~~ R. Thomas Kline' 12/20/2001 FEDERMAN & .- - - Sworn and Subscribed to before By: me this ~,AL.A day of ~ dbv:U A.D. ~h~~'~ ._-_..~.~~"" r,'"--~~~~~' ~~ ,..1.... '~.._,,;,,,i' ".' ~~,-"",,; SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06494 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALTEGRA CREDIT COMPANY VS DOUGHERTY CHARLES E ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and ....... and inquiry for the within named DEFENDANT , to wit: --....... DOUGHERTY JOAN M but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On December 20th, 2001 , 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 53.12 .00 78.12 12/20/2001 FEDERMAN & PHELAN R. T:omas Ku:e / Sheriff of Cumberland County - .- - Sworn and subscribed to before me this .L/h-d day of ~"""1 JAf1J ,2. A . D . C)'f"GL~ ~ Prothonotary -- -r-'~ COUNTY OF YORK .. OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKEr ST.. YORK. PA 17401 I~STRUCTioNS -.- PLEASE TVPE ONL V LINE 1 THRU 12 DO NOT DETACH ANV COPIES 2c CO~'Y;;cN~~~~R civil Al tegra Credit Canpany "-' 4. TYPE OF WRIT OR COMPLAINT 3. OEFENOANT/St Notice "' Canplaint in Charles E. Dougherty et al Mortgage Foreclosure 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR De:SCRlPTlON OF'PROPERTY TO ~E LEVJED. ATTACHED, OR SOLD. Joan M, DouGhertv 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO.-, CITY, BORO,'1wP., STATE-MID ZIP CODE) 100 Locust ".Jay Dillsburg. PA 17019 7. INDICATE SERvtCE: 0 PER.SONAL 0: PERSON IrtCHARGE ~EPUTIZE December 4, 2001 . I sFfERIFFOF York ' ----:;:' CClmny to execu to law. TriiJ; depulization being made at the request ana'tisk 01 the piainliff. . . SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN -'1'" 1. PLAINTIFF/SI SERVE .. AT { . 0' 1ST cLAss MAli o 'POSTED o OTHER NOW B. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY SHERIFF HOjE; ONL y'APPUCABLE ON WRiT OF EXECUTION; 'N.S. WAlVER..o"F'WA iCHMAN M Any deputy sheriff levying upo~ Of anacB;~ig~1i-riy 1ffiperty under within writ may leave sa~ without a watchman, in custOdY of whomever is found in possession, after notlfying person of levy or attachment, without liability 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. 'YEiWif~~1(f A~D'Pll~eAlf1RNm'fF'~'~'UfN~nd@SI%Wa~EBAN STATlON 1617 JFK BLVD, PHlLA., PA 19103-1814. 215- 63-700 12. SEND NOTICE OF SERVICE COpy TO NAME AND ADD~ES.S.aEl,OVY:. (This area ~must be compietei1 1f notiCe is to ee' mailed). . ~ SHERIFF OF CUMBERLAND COUNTY u~AcrEBECoW1"OR OSE (jF THE SHERIF~'--l)o Not WR!fE'-SELbW THIS tINF~'=' -""" 13. I acknow'ledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or compla;nt as;ndicated above. R. AHRENS 12-7-QJ 12-f5-01 16. HOWS.RVED: PERSONAL{) RESIDENCE{ ) POSTEO-, ).POE() -. SHERIFF'S OFFiCE ( ) ~i'HER( ,:z"SEEREMA-RKSBELOW 17. I hereby certifY and return a NOT'FOUND because I 'am unable to i~te the indivlduaf, comp.any,--"etc: named aoove:':-(See remarks beiow.) 16. NAME AND mLE OF INDIVlOUAL SERVED/liST ADDRESS HERE IF NQ.TSHbwN ABOvE '(RelationshIp to Defe'ndantf 19. Date otS~ice 11. DATE FILED 22. REMARKS; 21. ATTEMPTS 40. Costs Cue or Refund 41. AFFIRMED and subscribed to before me this 42. day of DECEMBER .20 0143. 17 -.f- So AN'SWERS 44. Signature of Dep.Sl1eriff ARY 'to6, Signature of York County Sheriff WILLIAM M. HOSE 45. DATE 48. Signature of Foreign County Sheriff ETURN SIGNATURE LE 47. DATE. v<- 12-17-01 49. DATE. 51. DATE RECEIVED 'ii- ~ f- :- - . -- - 1. WHITe . Issuing AUthority 2. ?INK -Attomey 3. CANARY - Sheriff's Office 4~I?LUE - ,$herifrs Office "ji-".- .)' . I ~-C7' ,V""i\ ~ :... ,,- --,- ~ .. l- . . "" " , SERVE 1c" { -~. "AT 7. -.I~OICATE ~VlCE: NOW' ~=. .~,- ADVANCED FEE 'rAID BY SHERIFF , . _.. NOTE: O~L Y ~f.PUC~_BLE ON WRIT OF EXEC'UTIot!l: N.H. W~~ OF -WA~C~N - Any :dep4tY .shElfrrt levying upon or- ~ftachiiig any p~rtY under with.1n'wrilm-ay leave same !, Without a watcl:Lmi:ln, _in custody of whomever is found in possession. after notifying_person of levy or attachment. without liability on the part of such deputy or the sheriff to any plaintiff herein for any!.2:..ss. ~estruction. or removal of any property before shefi!S sare~ttl~~eof.. ,~ .. , 9. TYF'EIlt:'fMWf"r.ffi:.t~-qorN'P'tRWI"ItGn'rf'&'G~~ANSTA~l.O'N . ,=_ '.& , 10. TELEPHONE NUMBER 11 DATE FILED . 16i7'JFK BLVD, PHILA., ,PA .19103-1814:' .'. .. '... 215-563-7000 11-15-01 12. SEND NO:nCE OF SERVICE copy TO NM1E AND ADDRESS BELOW (This _area mu.st be complet~ 'if notice i.s to be mailed). SHERftF OF ~UMBERLAND COUNTY _ .,'- .,7' '.- ..... ~ , -. .,. ...,..~~.. -' ,. , _ ,,j.,'~;.~Ai;E E!aOlN::EQR~U Q.Q N9T WRITE. 0 s.I::iNE::- 13. 1 acknowle<Jge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date ....",rcomplalnlaslfloicaledahove. R. ,a,HRENS 12-7-01 12-15-01 16. H9WSERVED: PERSONAl() RESI~ENCE_( ). POSTED( ) .~--_ PO~(J '~:,__:_:'~HERIFPSOFFIt:'E-(-) ~THER(l.. SEE REMARKS BELOW 17. ct.l hereby~ certify ancj retum a NOT FOUND because I am unable to lOcate, the individual!.compMY: ete... named above. .(See remarks beloW.) .. 18. NAME ANQJ1TLE OF INDMDUAL SERVED I UST ADDRESS HERE IF NbT SHOV\iN ABOVE (Relationsftip to Defendant) 19. Date of Service 20. Time of Service ~... ': '~- " , ; noy: . I / .' '""~... '5~ ,... ,0;: ; \ .. , Hl Jl " iJ\ 23. Advance Costs i:i"5. 00 ~. 34. Foreign CQ.qnty Costs I""!" ~'7 41.AFF1RMEJtt,dSUbscn~to~~'thiS." 'r 17 44 Signatureof 42. day of DFft:'MQ.!:,- .20--.0\3_ - -- _ Dep.Sheriff . ~ !:/ ' PR<>tHv J"NOTARY. ~ Signature of York :~-d: ,. {:: j . , . County Sheriff / .. C 4:"//.~" :I;~~:of~~'el~nOSE / J ~- _ .-.~ ~ W'..L-/ c County Sheriff 50. t ACKNP1J'!ICt;D'GE RECeiPT oF: . E SH_~Fr:SRETURN~_GNlWJRE OF A4THQB,lZED ISSUING AUTH9R_IJY'ANq.:;fITlE '0'" __ ~ . '. 1.1M-IITJ-lsS;~1!,gAuthority 2. pf~K'-Attoffiey 3.CANARY-S1teA 6~ 4:B~~~;,-~teriJ.sOffLCe i-'( ..u -'~ ~, ~. \.:.~ ., ii it, ), ...... I J- 14n1U\ Check No. ISLr;..:; 40. Costs Due or Refund 45. DATE ,/tvvJ~ 47. DATE 12.17-01 49. DATE 51. DATE RECEIVED \ ...._.._~..~"'. ~~. .....-.- ~~- ~ " .1 ~ ",I... '-'0_-\0 .~._. &-, "" ~:'~t~;, , ,.. 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 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION AL TEGRA CREDIT COMPANY 150 ALLEGHENY CENTER MALL PITTSBURGH, PA 15212 Plaintiff TERM NO. OI-I,.l{9'f C!0llY~ CUMBERLAND COUNTY v. CHARLESE.DOUGHERTY JOAN M. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL, PA 17011 Defendant( s) . Cl ..... o fT1 = o ...., :!! : .-<.0:::0 orrJlT1 -.1 ~~g ... (J) <. """1J -0 :ejl'T1 ;::3 1> (TIC> :;:tJ : ...., ...., 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 PREV10USL~ RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 TRtJE COpy FROM RECORD In Testimony whereof, there unto set my hand and the seal of said Cou at Carlisle Pa Th day" Loan #: 7000016887 k~ "~ ~ .- -"'~ , , b-....,....d.',. 'u'"'_c ,"", "<';--C,'.c"""";o,,,,--, '~' ", '~'", , 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 ORIG1NAL 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 CO~SULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. (!:ffi', .I,;~,. , , ".."" 'C,;.,j/,~,;~;,.",'.",.:":,,, _""".J"., 1 "':;"-li~f;, '" 1. Plaintiff is ALTEGRA CREDIT COMPANY 150 ALLEGHENY CENTER MALL PITTSBURGH, PA 15212 2. The narne(s) and last known addressees) of the Defendant(s) are: CHARLES E. DOUGHERTY JOAN M. DOUGHERTY i 8 HUMMEL AVENUE CAMP HILL, P A 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 9/18/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERICAN MORTGAGE REDUCTION, INe. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1285, Page 1116. By Assignment of Mortgage recorded 10/10/95 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 505, Page 770. 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 6/22/01 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." re1m ,,'.';',d , ,.,1. . ".'. ""'",, 'C ;' ,,;;"'~,<~~"--,~,,<--" '''-, ~'1 --0 11:;0:~: , 6. The following amounts are due on the mortgage: Principal Balance Interest 5/22101 through 1011/01 (Per Diem $18.23) Attorney's Fees Cumulative Late Charges 9/18/95 to 1011/01 Cost of Suit and Title Search Subtotal $67,603.59 2,424.59 3.380.00 752.29 550.00 $74,710.47 Escrow Credit Deficit Subtotal 0.00 643.00 $ 643.00 TOTAL $75,353.47 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. 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 Plaintiffs written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $75,353.47, together with interest from 10/1101 at the rate of$18.23 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. /s/ Frank Federman FRANK FEDERMAN, ESQUIRE . Attorney for Plaintiff l<N . .- .. ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN LOWER ALLEN TOWNSHIP COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT; BEGINNING AT A POINT ON THE NORTHERN LINE OF HUMMEL AVENUE, AS LAID DOWN BY THE W. GORGAS ESTATE, WHICH POINT IS TWO HUNDRED EIGHTY (280) FEET WEST OF THE WESTERN LINE OF MILLTOWN ROAD, AT THE DIVISION LINE OF PROPERTY NO. 16; THENCE NORTHWARDLY AT RIGHT ANGLES WITH HUMMEL AVENUE, THROUGH THE CENTER OF THE PARTITION WALL OF THIS AND ADJOINING HOUSE AND BEYOND ONE HUNDRED NINETEEN (119) FEET, MORE OR LESS, TO A POINT ON THE SOUTHERN LINE OF A PUBLIC ROAD; THENCE WESTWARDLY ALONG THE SOUTHERN LINE OF SAID PUBLIC ROAD THIRTY FIVE (35) FEET, MORE OR LESS, TO A POINT ON THE DIVISION LINE OF LOT NO. 20; THENCE SOUTHWARDLY ALONG SAID DIVISION LINE ONE HUNDRED NINETEEN (119) FEET; MORE OR LESS, TO THE NORTHERN LINE OF HUMMEL AVNEUE AND THENCE EASTWARDLY ALONG THE NORTHERN LINE OF SAID HUMMEL AVENUE THIRTY FIVE (35) FEET TO A POINT; THE PLACE OF BEGINNING. HAVING THEREON ERECTED A BRICK DWELLING HOUSE, KNOWN AND NUMBERED AS 18 IN SAID PLAN OF LOTS. THE IMPROVEMENTS THEREON BEING KNOWN AS NO. 18 HUMMEL AVENUE. BEING THE SAME LOT OR PARCEL OF GROUND WHICH BY DEED DATED OCTOBER 20, 1980, AND RECORDED AMONG THE LAND RECORDS OF CUMBERLAND COUNTY IN LIBER D29, FOLIO 961, WAS GRANTED AND CONVEYED BY AND BETWEEN ROBERT W. FARVER AND ARLENE L. FARVER UNTO CHARLES E. DOUGHERTY AND JOAN M. DOUGHERTY, HUSBAND AND WIFE. " ,. ;I~. ~'".. """ 'o~";"" .'.0' " 'v.~. ~""l{i[ih'ft_J VERIFICATION KAREN L. FINNEGAN hereby states that she is FORECLOSURE SPECL\LIST of ALTEGRA CREDIT C01vIPANY mortgage servicing agent for Plaintiff in this maner. that she is authorized to take this Verification, and that the statements made in the foregoing Ci\'il Action are tme and correct to the best of her 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, DATE: U fJ2(Oi j",,, ". ,~.~.~<~~, '. "_.-"; ."~~<," .,,,;",<,',<~,<~,,...,-,,,.,,, f", ,'_" "."".'~.~~ ~ ~~,~, . ,.",,"-"1' ""I:i.-;',," ""', ""'~,'<n~'=~'""""'~ - .- - ,~ '-"""""-'..,.',<"., /fd ~. Or ',\\1'. SHEIl\ff' OffICE '" ," 00\)11'''( C\ll'l\lt~L"~" ~\\, \f> \ 11. ~~ li)\ , ,t' L" '\ ^ r:',! t '~", t Pt~~\S\IL~ i"t4\A $Id!fIJ$$ ~\ ~~, ~ mll"!!!J!;TOlnt ,,,,,~.~.--,. "l":'F~._!Ill'~~Iil!r:i!.'JIIlJ!!l!'.~~~~\3-"\o/;".-.:-"o;~ti:"'hnr'll''f,):ll~",,,,'\''t'W/'"'"''-''' _)Z'_t;'~;"''-'''",!''Sju,jo#'"~''~~.:I~hNtlli'f'''fff",,,#!1H':':;t,";;m;;:w~~~; ;j~""" .-" .~~" -~-~ ~. . I~~ - ~ L ~ _ , , ,.--;,. ..' " "-'.',,, " :i1l"Uo/-l.-Wr' 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 PHILADELPmA, PA 19103-1814 (215) 563-7000 ALTEGRA CREDIT COMPANY 150 ALLEGHENY CENTER MALL PITTSBURGH, PA 15212 CUMBERLAND COUNTY COURT OF COMMON PLEAS ------:-- Plaintiff, CIVIL DIVISION v. NO, 01-6494 CIVIL CHARLESE,DOUGHERTY JOAN M. DOUGHERTY Defendant(s), PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against CHARLES E, DOUGHERTY and JOAN M. DOUGHERTY, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days frorn service thereof and for Foreclosure and Sale of the rnortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 10/1/01 to 3/8/02 TOTAL $75,353.47 $2,898.57 $78,252.04 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~:J~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED.. ~ DATE: f'Yb:y, rh /6 ;We> ^' (J'4.::bu 12. I PRO PROTHY v -...... "," " ~ ,L 1 ~' '';;.j '..., "<-".',>..< "-"L~ ,i, _~"-'~"';';';;~~'" . FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS ALTEGRA CREDIT COMPANY CIVIL DIVISION plaintiff CUMBERLAND COUNTY vs, NO, 01-6494 CIVIL CHARLES E. DOUGHERTY JOAN M, DOUGHERTY Defendant(s) FiLE COpy TO: CHARLES E. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL,PA 17011 DATE OF NOTICE: FEBRUARY 20.2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY, IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once, If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 :L - ~- ~~hV<O Frank Federman, Esquire Attorney for Plaintiff ~,~ .....,...., , " , j ~..< ~.l ,,,,.,,,,;.;..;,,,, "'., ""J..J,.< 'Ef4;~'jjj~:[ . 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 COURT OF COMMON PLEAS ALTEGRA CREDIT COMPANY CIVIL DIVISION Plaintiff vs. CUMBERLAND COUNTY CHARLES E. DOUGHERTY JOAN M. DOUGHERTY NO.01-6494 CIVIL Defendant filE COpy TO: JOAN M. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL,PA 17011 DATE OF NOTICE: FEBRUARY 20.2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY, IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property'or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBE~TY AVENUE CARLISLE, PA 17013. (717) 249-3166 :)4< .~~A/l'_- Frank Federman,Esquire Attorney for Plaintiff -~ '_.~y~" .L ~ .~ L~' ^"o"."_~.,,,,,,,,,l_ .,~."_. ',., "j;('tlllW}': 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 COURT OF COMMON PLEAS ALTEGRA CREDIT COMPANY CIVIL DIVISION Plaintiff vs, CUMBERLAND COUNTY CHARLES E. DOUGHERTY JOAN M. DOUGHERTY NO,Ol-6494 CIVIL Defendant TO: JOAN M. DOUGHERTY 100 LOCUST WAY DILLSBURG, PA 17019 DATE OF NOTICE: FEBRUARY 20.2002 f\LE COP~ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE. INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once, If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 ~. ~..:1.".~u. .- Frank Federman,Esquire Attorney for Plaintiff -- --'-'~... "~' ~~ "-""illil' .. ,.. .. ~ " " : -' l_,i.;"~' "-0' " , ,; ,- '<;-","O<;"1:~~c FEDE~ANandPHELAN,LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD" SffiTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF ALTEGRA CREDIT COMPANY 150 ALLEGHENY CENTER MALL CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v, NO. 01-6494 CIVIL CHARLESE.DOUGHERTY JOAN M. DOUGHERTY Defendant( s), VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge ofthe 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 CHARLES E. DOUGHERTY is over 18 years of age and resides at , 18 HUMMEL AVENUE, CAMP HILL, P A 17011 . (c) that defendant JOAN M. DOUGHERTY is over 18 years of age, and resides at , 18 HUMMEL AVENUE, CAMP HILL, P A 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, :1-;~ -;r~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff --'-'-; "~--"'"- '""'~' ~ < '. =L, , , '''0.'-'''' ,,'~~'~ -,',-,,-. .;'_'~',~~*" (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ALTEGRA CREDIT COMPANY 150 ALLEGHENY CENTER MALL CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DMSION v. NO, 01-6494 CIVIL CHARLES E. DOUGHERTY JOAN M. DOUGHERTY Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on (Q'::JlJrl....o, 200,2,_ ~ at'ho ,P,7f~ DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ""TillS 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 CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."" ~lr;::""'tl,.~;i;fl)~'i!Y;;hiihillg+:r,,,z,."l""WJiJo,(;j,'*--,,il;B"""" 1';:"'.,,,, c!:-'--<';;"!;!'~',fb'lot];~"-"''''~,~J>,'iW'Iii',.,'!Ii:;X1fMt~~_iilii~i~~~MaP"" t~~ r ~ 3 ~ IV ~1 n~ l" ^., ,.~ "?'''. . .. ~ -..() , o C> ~ ~[f:! ~ . '.'~ " "li\BHlil..oo.""- o c 5:: ;:g g~; L...'"J' .::'::,:"f'" ciJ) : ~==l'~; 5: C) :;C) c ~ '=j -< . l~ C) 1"' ~ 7:'11: '1:;,r,. ~.U ~~. ") :i:=J L,) ::"',", .-J ::< ~'"" . I"",.', . -'-.' L.~.;'"~-"",,,--,,,<~~,4'., , I PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 ALTEGRA CREDIT COMPANY Plaintiff, v, No. 01-6494 CIVIL CHARLES E. DOUGHERTY JOAN M, DOUGHERTY Defendant( s), TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $78,252.04 II' Interest from 3/8/02 to 6/5/02 (per diem -12.86) $1,144.54 and Costs TOTAL $79,396.58 F~2;~ One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. OJ<' :"'k-."'Jjf<",,;.,,"".,,,;j,,';-,>~n4i;"'.HffiM~Iiill~~~W<it6l~~_~g:'1 -. ,,~'. WlHl~ .... .... .... ..... 00 r-r- .... .... << ~~ ~ ~ ..l..l ..l..l ... ... ",,< == Z ~~ O~ 0 ~~ rn> ... <..l ~ .... uu >01>< >< O;J ~ ~ ..lrn ~>< U >01>01 -d ~~ < ~'E O;JO;J " ~ ~~ zz t: ~ >01 ::I ~.~ " 0>01 0 ,,~ '" <Il ~ ~~ "" = " U O;J" 0"0 << ,J:J .. ..l..l >> 8~ !:: OO;J Eo< .. oj .; ;~ >01>01 8 ~ ~O ~~ ""O;J r:a > ~~ ~~ <Il ~~ .... 00 rn~ " ....u u ~~ O;JO;J ~ ~ >01~ 01:: == Q., ~~ "" = " ~~ QO QO ~ >016 .... .... 8~ >01 ~ Eo< ... OJ >01>01 ~ U U <Il ~ .0 " ~~ .tJ " ." ~ ZO;J ~ li: < "'u 1"- ;?: ~ ;-~)~ ,~),S -~ -);~ :':.:"c!) ..--.J;2: ;L125 Dn.. ~ C5 ~-j \J I q ~ ....... . 'l/)-Oj ;".') ~ , " " ~ ~J " ~ ~ ~ " ~ - ~ .. j I , Ii, 8 a ~ -0 () \) '6 '-.. "'. 1:JOl" r- t? ~ 0.:: tti ' , \)0 ~"1<'~o--~ --- (J~; ~i" :iE: 5::.;f ~, ~"-- ~,~ ~ , H' > ~ , I ~ ~~ ~ ('- ~ ~ -... ......... ~~ " 'W~~" , . -^" ,~ > ,=~ & ~ ALL THAT CERTAIN piece or parcel ofland situate in Lower Allen Township, County of Cumberland and State of Pennsylvania bounded and described as follows, to wit: BEGINNING at a point on the Northern line of Hummel Avenue, as laid down by the W. Gorgas Estati which point is two hundred eighty (280) feet West of the Western line of Milltown Road, at the diviSion line of Property No. 16; thence Northwardly at right angles with Hummel Avenue, through the ceiter of the partition wall of this and adjoining house and beyond one hundred nineteen (119) feet, more or less, to a point on the Southern line of a public road; thence Westwardly along the Southern line of said PUblic Road thirty-five (35) feet, more or less, to a point on the division line of Lot No. 20; thence Southwardly along said division line one hundred nineteen (119) feet, more or less, to the Northern line of Hummel Avenue and thence Eastwardly along the Northern line of said Hummel A venue thirty-five (35) feet to.a point, the place of beginning. HAVING thereon erected a brick dwelling house, known and numbered as 18 in said Plan of Lots. Tax Map #22-0536 Parcel #36 TITLE TO SAID PREMISES IS V~STED IN Charles E~Do~gherty ~d Jo~ ~Ughe~~ ~s wife by Deed from Robert W. Farver and Arlene L. Farver, his wife, et al, dated 10/20/1980, recorded 10/22/1980, in Record Book 29-D, Page 961. ~- ..~ '.; .j, ;....e k : . , . _'" _ O-c~~' ." , "\,-:,.....;..,00..",.~~_~Ps.-:r"""'-:c ~=_,~. ~~"- ~ ..,..._"""....,~ >~. .."-""-:....=~=O.'^r'.- ..~ ~--" :~l' ,""..~'~._'~~'~~,...-"'':''~ __..."",>r~ .,_,,,,..._~ _~'~f~'>''::'' ~~ ~;-.~",';', , .., .. FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. LD. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (7 1 ~) ",,-7000 ATTORNEY FOR PLAINTIFF , ~ ~ I ^i ;:;: ""...,..... c',~;,' ~ .., ,-U.J<C \A-- AL TEGRA CREDIT COMPANY COURT OF COMMON PLEAS CIVil.., DNISION vs. CUMBERLA.ND COUNTY CHARLES E. DOUGHERTY JOAN M. DOUGHERTY NO. 01-6494 CNTI AND NOW, this ORDER /1~ r1 _ day of ''-I~w oJ A 'J , 20ClJ'.,-upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiffrnay obtain service of the Cornp1aint on the above captioned Defendant(s) JOAN M. DOUGHERTY, by mailing a true and correct copy of the Complaint by certified rnai1 and regular rnai1 to the Defendant's last known address, and to the rnortgaged prernises located at 18 HUMMELL AVENUE, CAMP IDLL, P A 17011. Service of the aforementioned mailings is effective upon the date of rnai1ing and is to be done by Plaintiff's attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing. BY THE COURT: /,/ / ~ 13. 13~-<l') J. CZC, Svc Dept. ,..., ..~:::., ~ ~-: ",: :; " ' ", ~~~d ~:;j; .i."; ,.,.:..~. .' , r'o'- / $:; ~, , ,r.t,::! ",~'r;...': O~. ~-:)~~'? I~ PmihcJ1litrlr :I . ~. ~-2.J H:/Main Forms/motions/county.comp ',.~ '."~-~ " "L~_,~. '"" ,--"",,',.' ",,~ ,.'. ,~, .~~\tw,};:,;, J ALTEGRA CREDIT COMPANY CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS CHARLES E. DOUGHERTY JOAN M. DOUGHERTY CIVIL DIVISION NO. 01-6494 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) ALTEGRA CREDIT COMPANY, 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 .18 HUMMEL AVENUE. CAMP HILL. PA 17011. 1. Name and address of Owner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHARLES E. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL, P A 17011 JOAN M. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL, PA 17011 2, Name and address of Defendant(s) in the judgment: CHARLES E. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL, PA 17011 18 HUMMEL AVENUE CAMPHILL,PA 17011 JOAN M. DOUGHERTY 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. Ji? I "~ " ;1 ,J> _. "".' ._ " ".~-~ "0'",",' "'~~,'" --, 'i!!l?j':1!<11"'<; " 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address carmot be reasonably ascertained, please indicate) COMMERCIAL CREDIT CORP, 3401 HARTZDALE DRIVE, STE. 126 CAMP HILL, PA 17011 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address carmot be reasonably ascertained, please indicate) LOWER ALLEN TOWNSHIP AUTHORITY 120 LIMEKILN ROAD NEW CUMBERLAND, P A 17070 6. Name and address of every other person who has any record interest in the property and whose interest rnay be affected by the sale. Name Last Known Address (if address carmot 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 carmot be reasonably ascertained, please indicate) Tenant/Occupant 18 HUMMEL AVENUE . CAMP HILL, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the staternents 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 rnade subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 8. 2002 DATE ::r~~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff < ~kUkLJi!j' \'iJ.~ilitj[ti;,1ii!iil&t4J:j'!jii;j;.'w~"llK~~,",,)@$;";""',",:;c , ':'~. <'",,~,,~U'_'J: "'"m'..,i;;k~,!!i,"",,;;,,~~*,.~~_IJt.MJ;l,_l'1J!~""""" ~J:11l;m1.~~'" " ~~ .. 0 C) ("'l C f'u ,'I <" -vcr: !l'lp: 2:":1 Z, [-- (j) 2:.- C., ~;~-':-" :.--,-,' ~8 ~ i,-:=; -Ii Z ~1 ~ )> -:J ~ :~ -" ...J '~~-,~ ",,- ~,~".'~'," ,'~"","',,~.,",,'~- "",> ~, - ~~, .'" , ,-~" _w <l_"-~,\'" . " - I'~ ..'; ~ ._ L.~~I- , ~- : '~'lilii' , " - '"-"",j~i~f~ lW/ FEDERMAN and PHELAN,LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF ALTEGRA CREDIT COMPANY Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v, CIVIL DIVISION CHARLESE,DOUGHERTY JOAN M. DOUGHERTY NO, 01-6494 CIVIL 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 ;r~ ;;-~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ""~ ~iJ!l!'f,'\::lirb'f;."HiilW"";\tNiTh'1ii:l'-i;<I'N'fi\Jl;",,,,,\-,,~,,O''''-'''{'-'''~;:J!~.,,,~c,,i;'l""'",;",~"i'd,,1i&'il>j~~~_i.lllliiiiliiili~~~~~-!;iL_ll.-.lJl '" 11II 0 C~ 0 c: 1" " $: ~ -; -on.: -:::r;,> rnn'" ::':J ~~ '--'" r:::C ~::,,: .~ J;>-f~ -L' ~~ :6 :::- -< ~,,-l ""'~" " A~~ =y",,,,,"'"'" ".~ ^ .,.. ~. ~,~ ~, ,- . ~ , U'; .... ~-~-, . ~-'-' . 1""--'1 ,~- " ";:, ~-';-~4'" , AL TEGRA CREDIT COMPANY Plaintiff, CUMBERLAND COUNTY v. No, 01-6494 CIVIL CHARLES E. DOUGHERTY JOAN M, DOUGHERTY Defendant(s). March 8, 2002 TO: CHARLES E. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL, P A 17011 JOAN M. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL, PA 17011 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 18 HUMMEL AVENUE. CAMP HILL, PA 17011, is scheduled to be sold at the Sheriff's Sale on JUNE 5. 2002 at 10:00 a.m. in the Curnberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of 78.252.04 obtained by ALTEGRA CREDIT COMPANY (the mortgagee) against you. In the event the sale is continued, an announcernent will be rnade at said sale in cornp1iance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you rnust 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 rnuch you rnust 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 irnproperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) ": ~, .~. ~ ~"~~ I.'. _ ~~~ "-"'-' .L~" , ~if ' - -'-, ~: "--"'-d~i '.~ji" , 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 Sheriffthe full arnount 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 rnay bring legal proceedings to evict you. 6. You rnay 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 ofthe 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 rnay also have other rights and defenses, or ways of getting your horne 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 ,. P' . ~ 1" , ~ ~ .. ,'''> ~-"= "-~.' _u. -"'-";;"""'~;'J . " ALL THAT CERTAlN piece or parcel of land situate in Lower Allen Township, COUilty of Cumberland :l.::c S:::!:: cf P::;:;nsylvania bounded and described as follows, to wit: BEGINNING at a poim on the Northern line of Hummel Avenue, as laid down by the 'vV. Gorg1S Estate. which poim is two hundred eighty (280) feet West of the Western line of ~Iilltown Roal, at .':;~ div00n line of Property No. 16; thence Northwardly at right angles with Hummel A venue, through the center of the partition wall of this and adjoining house and beyond one hundred nineteen (119) feet, tuore or less, to a point on the Southern line of a public road: thence Westwardly along the Southern line of said Public Road thirty-five (35) feet. more or less, to a point on the division line of Lor No. 20; thence Southwardly along said division line one hundred nineteen (119) feet. more or less, to the Northern line of Hummel Avenue and thence Eastwardly along the Northern line of said Hummel Avenue thirty-five (35) feet to a point. the place of beginning. H.-\ VING thereon erected a brick dwelling house. known and numbered as 18 in said Plan of Lots. T "I .u..,") 0-" - P 1 ~"6 ax .vap 71'__- ~jt) arce 71'] TITLE TO SAID PREMISES IS VESTED IN Charles E. Dougherty and Joan NrAugheI1Y. his wife by Deed from Robert W. Farver and .-\rlene L. Farver, his wife, et a1. dated 10(2011980, recorded 10122,1980 in Record Book 29-D. Page 961. , . - ~!f1:-'iii!~j,:ill'l$;~/ll~1j'j~;;r@t-illM;rMll~Dl'~;';I;-..;-,'~',n+B';;;'.,p",,,,;;;~:io;b:W.\,~-",,;g;,:!;,~~I~'-'~ llil!.iliiiili1.li!t~~ ,~ ~ { ,R"~~~~"', c _,~_,= h. ., ,'*,,~ ." "";'''''''',.",d"",,)~'N~''"''< ,," ~ ,><_,~, "" "00 ""'lift ,~, ~. ?n. .'- .~,' ,~_, H Jilr o c ;::-- U['-'~I IT}l,": 2:,:_" "7r "",,-,,- :Q~c ~~'.: p,-, 7'~' .;"Co ........c 2., =2 ~,'"! o !'-' :':: ~.-~,... III.FI '. S7~ >:,1 c; , . :r.~., -,c,o>- r:- ~~,l ~, """"".""0""'"""""",,,-" .~" - '~-- ~-~ ~~m I., I ~,~~W " j ~............. ,~ --~ , " "~1;cij I FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. !.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (? 1 'i) 'i/i1-7000 ATTORNEY FOR PLAINTIFF ALTEGRA CREDIT COMPANY COURT OF COMMON PLEAS CNIL DNISION vs. CUMBERLAND COUNTY CHARLES E. DOUGHERTY JOAN M. DOUGHERTY NO. 01-6494 CNIL ORl{ER AND NOW, this l'1 day of ~~ ' 20~ upon consideration of \ Plaintiffs Motion for Service Pursuant to Special Order of Court and the Affidavit of Reasonable Investigation attached thereto, it is hereby ORDERED that Plaintiff rnay obtain service of the Complaint on the above captioned Defendant(s) JOAN M. DOUGHERTY, by rnailing a true and correct copy of the Complaint by certified rnail and regular mail to the Defendant's last known address, and to the mortgaged premises located at 18 HUMMELL AVENUE, CAMP HILL, P A 17011. Service of the aforernentioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothonotary's Office an Affidavit as to the mailing, CZC, Svc Dept. I H:lMain Forms/motions/county .comp ~" .~" - - - .. .'~ nc '..il FiiED-OfFiCE C'""'lL!''' IO-'IAY C~"",.,.: ,,\ j[\' IF ~ 02 JAN I 8 Pi'l 3: 34 CUMBEAlAI'JD COUNIY PENNSYLVANIA , "'-",'=" -. - - ~~',",' ",,-";;;c. j ~r} 1~ -.. [-: .~,_<"_-","~~~~~~~~~~~~~.\f.'R""~"''''''~'\J'!0!f<''J~''-'''~;<Ni!*i,~'\!f'-1'.(f,'!'i'~'d,'~"hf'-l"HiW,'i}/.riJ;liil~,~f%j\!i1I'-'-~;;:wJ"A~f'i';jH'Mll'ijm..~1"ffl!~i3 - ~,~~~,~''''''''''-'''''''''''''''''''"'' -~~~ -~ ~ I~~ ~~ ,.<- IliAi" """"'"'~~~~=~~2[l~'~'" ~~@~'tii~j)~,' I FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq, Atty. !.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (71 S) Sti1- 7000 ATTORNEY FOR PLAlNTIFF vs. COURT OF COMMON PLEAS 2 :"-"" -0r';~, nlf';', -;.>'"',', .L.--.-'_' ~i-' -:., C::J I'~) ALTEGRA CREDIT COJ\.1PANY .,"'''' CNIL DIVISION CUMBERLAND COUNTY CHARLES E. DOUGHERTY JOAN M. DOUGHERTY NO. 01-6494 CNIL 2:,:~--,: );-~ '(::~ ::..~) 'Z. .. -< ~,-l THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VB 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 LffiN AGAINST PROPERTY. MO'fION FOR SERVICE PURSUANT TO SPF,CT AT, ORnF.R OF COTJRT Plaintiff, by its counsel, Michele M. Bradford, Esquire, moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant(s) by Certified mail and regular mail to the Defendant's last known address and rnortgaged premises located at 18 HUMMELL AVENUE, CAMP HILL, P A 17011 and in support thereof avers the following: 1. Attempts to serve Defendant(s) with the Complaint have been unsuccessful, as indicated by the Sheriff's Return of Service attached hereto as Exhibit "A". 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has rnade a good faith effort to locate the Defendant(s). An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". CZC, Svc Dept. H:/Main Forms/motions/county.comp -=" :>lJ;I'" l. oj, - '~~[lf'~ ,~ ~"--'.i="""""'4t~! " 3. Internal records reviewed by Plaintiff and has not been contacted by defendant as of .Ianllary 7, 2002 to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the defendants, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint by certified rnail and regular mail. /7m;J~ Michele M. Bradford, Esquire CZC, Svc Dept. H;/Main Forms/motions/county.comp - , ,L_" ~,' "--__'~ "~'~"""1i'~~_iWi!1i,~,;' " FEDERMAN AND PHELAN BY: Michele M. Bradford, Esq. Atty. !.D. #69849 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21 S) Sfi1- 7000 ALTEGRA CREDIT COMPANY ATTORNEY FOR PLAINTIFF vs. COURT OF COMMON PLEAS CNIL DMSION CUMBERLAND COUNTY NO. 01-6494 CNIL CHARLES E. DOUGHERTY JOAN M. DOUGHERTY MF.MOR A NnTJM OF I ,A W Pennsylvania Rule of Civil Procedure 430( a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant(s) and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. nnn~nllp.<;: VR Pn1i.;:, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Atloptinn ofW~llcf'1', 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Return of Service, attached hereto and rnarked as Exhibit "A", the Sheriff has been unable to serve the Cornplaint. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, rnarked Exhibit "B". WHEREFORE, Plaintiff respectfully requests service of the Complaint by certified mail and regular mail. Respectfully submitted: /JJ7m!? Michele M. Bradford, Esquire H:lMain Forms/motions/county.comp SHERIFF'S RETURN - OUT OF COUNTY " ,-,- ""il("" " ~'~\iJ-:" CASE NO: 2001-06494 P COMMONWEALT.H OF .,PENNSYLVANIA: COUNTY OF CUMBERLAND ALTEGRA CREDIT COMPANY VS DOUGHERTY CHARLES E ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: DOUGHERTY JOAN M but was unable to locate Her in his bailiwick. He Lherefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On December 20th, 2001 , 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 53.12 .00 78 .12 12/20/2001 FEDERMAN & PHELAN So answers: ':;:;::~~;;;;;;;~:_~~.~~~~: -- ",- R: Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this day of A.D. Prothonotary EXHIBIT A " ,~ ",~,_l ~ .......,.;nf2illllll;i' d ,~" '1 "1t1lL-;~~ COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE'CALL (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1 PLAINTIFF/SI SERVE .. 2. COURT N!JMBER 01-6494 civil 4. TYPE OF WRIT OR COMP\..AINT Notice & Complaint in Mortgage Foreclosure 5, NAME OF INDIVIDUAL, COMPANY, CORPORATION, EiC, TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD al AI tegra Credit Company 3, DEFENOANT/Sf Charles E. Dougherty et Joan M. Douqherty 6, ADDRESS (STREET OR RFO WITH BOX NUMBER, APT, NO" CITY, BORO, TWP" SiATEAND ZIP CODE) 100 Locust Way Dillsburg, PA 17019 7, INDICATE SERVICE: Q PERSONAL Cl PERSON IN CHARGE XJQX)EPUTIZE CE T. t Q 1ST CLASS MAIL Q POSTED 0 OTHER DeCEmber 4, , 2a~ I, SHERIFF. OF COUN.TY p. A.,:fi.O hereby dep':;!i~ the. sheriff of York COUNTY to execut;" ~':~~:.R'inake r~turn)tI~yMacr:ording to law. This deputization being made at the request and risk of the piaintiff. r'~""'~ /f .~.~,_<:A' SHERIFF OF ~OUNTY Cumberland { AT NOW 8, SPECIAL. INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDlTING SERVICE OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY SHERIFF NOTE: aNI.. Y APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN ~ Any deputy sheriff leVYing upon or attaching any property under within wnt may leave same without a wCltchman, in custOdy of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the'sheriff to any plaintiff herein for al1Y loss, destruction, or removal of any property before sheriff's sale thereof. 9 '7EDt~M~'!(l AgD~1t~L'A\r1R~E~'fr'~~t'f~Rn%SI%NU'B~r1EBAN STAn ON 1617 JFK BLVD, PHILA., PA 19103-1814 12, SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). 10, TELEPHONE NUMBER 11, DATE FILED 215-563-7000 11-15-01 SHERIFF OF CUMBERLAND COUNTY SPAeEBELOW FOR USE OF Ti'IE SHERIFF - DO NOT WRI1'E BELOW THIS UNE' 13, I acknowledge receipt of the writ 14, DATE RECEIVED orcompJaintaSindicatedabove. R. AHRENS 12-7-01 15. Expiration/Healing Date 12-15-01 16, HOW SERVED: PERSONAL ( RESIDENCE ( POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( )- SEe REMARKS BELOW 17. I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED I LIST ADDRESS HERE IF NOT SHOVVN ABOVE (Relationship to Defendant) 19 Date of,Service 20. Time of Service 22. REMA~KS: 42. day of \ 23. Advance Costs " 75.00 21. 88 40, Costs Due or Refund 17 44. Signature of Oep. Sheriff ARY.....46. Signature of York County Sheriff WILLIAM M. HOSE 48_ Signature of Foreign A~ I 45 DATE i 47 DATE "" ~ 12-17-.01 149 DATE l51 DATE RECEIVED "EXHIBIT A 1, WHITE _ Issumg AUlnonty 2. ?INK - Attorney 3, CANARY - Sheriffs Office <1 BLUE. Shenffs Office , ,~ ,~, ,/ -, , r-_---i"';"..\i!'lli:l:\1it~'; PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: 7000016887 Attorney Firm: TRACK STARS Case Number: Subject: CHARLES E & JOAN M DOUGHERTY A. K.A.: None Last Known Address: 18 HUMMEL AVENUE CAMP Hill, PA 17011 Last Known Number: (717) 737-2068 Michael K Gross, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of President for Players National Locator. 2. On 10/03/2001, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION- A. SOCIAL SECURITY NUMBER: 184-48-8637 197-52-6641 B, EMPLOYMENT SEARCH: Unable to locate a good employer for Charles and Joan. C. INQUIRY OF CREDITORS: Creditors indicated that Charles and Joan are living at 18 Hummel Avenue, Camp Hill, Pa, 17011 with a home phone number of 717-737-2068, Charles and Joan filed chapter 7 bankruptcy in August 1998 with attorney Ronald Butler. Case # 98-04007 with no release date given, INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH: The home phone number for Charles and Joan Dougherty is 717-737-2068 registered at 18 Hummel Avenue, Camp Hill, Pa. 17011, We called the home number and spoke with Charles who stated he and Joan are both living at this address. INQUIRY OF NEIGHBORS - We contacted 717-737-2068 registered at 18 Hummel Avenue and spoke with a neighbor who stated Charles and Joan Dougherty are both living at the last known address. INQUIRY OF POST OFFICE- A. NATIONAL ADDRESS UPDATE: As of September 29, 2001 the National Change of Address (NCOA) has no change for Charles and Joan from the last known address, MOTOR VEHICLE REGISTRATION- A. MOTOR VEHICLE & DMV OFFICE: The Pennsylvania Department of Drivers Licensing has Charles and Joan Ii$ted at the last known address. OTHER INQUIRIES - A. DEATH RECORDS: As of September 29, 2001 the Social Security Administration has no death records on file for Charles E and Joan M Dougherty under their social security numbers, ~: EXHIBIT "B" .f)I; ,~,~ ~" ~ , , J ~ ,~- '" ;j. 'B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC. ): None Found C. COUNTY VOTER REGISTRATION: The Cumberland County Voters Registration Office has Charles and Joan listed at the last known address. OTHER SEARCHES - The Cumberland County Tax Records Indicate: The address at 18 Hummel Avenue, Camp Hill, Pa, 17011 appears to be owned by Charles and Joan Dougherty. Charles and Joan appear to be using this address for mailing purposes, ADDITIONAL INFORMATION ON SUBJECT - A DATE OF BIRTH: Charles 03/56 Joan 1960 y " NOTARY SEAL" Kristine M. Scott, Notary Public SI. Louis County, State of Missouri My Commission Expires 9/2/2002 ~J'-.~"""""-"~ ( ) Players National Locator 113 Old State Road, Suite 104 St. Louis, MO 63021 Phone: (636) 230-9922 Fax: (636) 230-0558 . EXHIB1T"S- :.;~, .', "1~' "'-'""~~ ';'-:,~, i . ~ ~,,,,,,,,,,".,_.,,,~ _.._~~ .l!!i!i:>.....'..'.,""'" ",,~I~ , - ~ "J>t.~I~:~fu;~J::~ VF,RTFTCATTON Michele M. Bradford, Esquire, hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: THnllm:y 7 7001 ~ Michele M. Bradford, Esquire H:/Main Forms/motions/county.comp "","",.~~-~ ,'~' -",~~,~""~"" I, -,,,.,,;.1 1'-''''' - . -"'""'" ]JtJ'~~~\, FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (7.1 'i) 'i1i1- 7000 Attorney for Plaintiff ALTEGRA CREDIT COMPANY : COURT OF COMMON PLEAS Plaintiff : CNIL DNISION vs. CHARLES E. DOUGHERTY JOAN M. DOUGHERTY : CUMBERLAND COUNTY Defendant(s) : NO. 01-6494 CIVIL AFFIDAVIT OF SERVICE OF COMPLAINT RYMAn. PlJRSlJANT TO COlJRT ORnER I hereby certifY that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, to JOAN M. DOUGHERTY at 18 HUMMEL AVENUE, CAMP HILL, P A 17011 and 100 LOCUST WAY, DILLSBURG, P A 17019 on .January 10, 2llll2, in accordance with the Order of Court dated JANUARY 17,2002. The undersigned understands that this staternent is rnade subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: Tanllary 10, 7.00? 2 ~J:~/>- FRANK FEDE , ESQUIRE Attorney for Plaintiff CZC, Svc Dept. :~~~~i'tM!~~~~~'illi-'If;r~\jjU/;:i,".iM";'>'''"'iA~'lb,;;'&;,;-,I.~-iJHj~.~lII;~~~~'::')1' :.~~ ~~ -~ "-,"" v, ~ J, ~ .~=". ~~ ~" _ ,~ ~" ^,.< , ~-- ~. ",' ,~~-~ t;C 0 0 0 ~ N ~ 'T1 s: .., -Ocn ;,!~ 11 nlrn i"'1 Z-r, 00 '"r:- 65S I ~:] ~:9 r'i '-, ..r.:_ "'~ t :.-c- :S! :~~Q is: z~ ~. ~~~~ -=0 Pc:: ~ (.J'\' Z --{ ~ i'o-) )0- 0"\ :0 -< E5 BI! ,~ . . FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 .~ .:.... ,,", ' I", ,~ '-.~''1.tn ATTORNEY FOR PLAINTIFF ALTEGRA CREDIT COMPANY vs. CHARLES E. DOUGHERTY JOAN M. DOUGHERTY PRAECIPE FOR RULE TO SHOW CAUSE TO THE PROTHONOTARY, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-6494 CIVIL Kindly enter a Rule upon CHARLES E. DOUGHERTY & JOAN M. DOUGHERTY, should not be entered. Defendant(s) to show cause why the attached Order for Reassessment of Damages CJQ~ ~ Daniel G. Schmieg, Esquire Attorney for Plaintiff ~ , ~';~L~' '~ '''' ,~ 'M~~'~'~_ ~" ..I ~~I ~' L I ';';""-fiL~k,i,' t FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF ALTEGRA CREDIT COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION vs. CHARLES E. DOUGHERTY JOAN M. DOUGHERTY NO. 01-6494 CIVIL ROLE AND NOW, this '"l'" day of ~11 , 2002, a Rule is entered upon CHARLES E. DOUGHERTY & JOAN M. DOUGHERTY, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETURNABLE the l() day of (.~~/u2. .... , \.-~ BY J. , . ~"', .~ '~T",'N_"_ ~="'_~W.~_ ~w'"~'" t\Lr:t~:g.'~~:~~;.~ '\i'!X'?( J" ' Si f,~.~ _I \j<)(J\. 1 j J~ o~ _ " It, r.. \f ? L~ u~ "\\4 \ ,. ',' 'I' ,r; II (~I'\ \\,\' '- '-' ,- ~, ,.,,' ,,(\\ ~1'~'i'( ~\j' :\:~':_::&"\ ;;,~\;1_J .,-,.j',,), V ~J '.~I:;'~ 'jl'Y'C:--\{\ \!r\h\:j\ P!::.i'.\~,-il\.,d ", . - m" " _ _"It~~ ~~1f'rn~_~~l'j1~~I~,f:~~~'~~~~'I~~!lw.!~~ffiC'1'JiIll~~:'~'~l4."'~~ilf';lil~'R:tt~,'-"1!1I,'i;\j~!Jr~~~,reljfijilt~Wilj'l!~~H-9!rb~\!1i~~W~%jr-,~ " ,b.,~~'. ,~~, ' ,--",~,t~s:,:1 FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF ALTEGRA CREDIT COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION VB. CHARLES E. DOUGHERTY JOAN M. DOUGHERTY NO. 01-6494 CIVIL ORDER AND NOW, this day of I 2002, the Prothonotary is ORDERED to reassess the damages in this case as follows: Principal Balance Interest Amount 5/22/01 through 6/5/02 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 67,603.59 10,310,97 752.29 1,065.00 1,367.00 0,00 410.00 0.00 0.00 643,00 TOTAL $82,151. 85 Plus interest per diem from 6/5/02 through Date of Sale at six (6%) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. BY THE COURT: J. :fl ........- --,,- ~- ~~- , ~"'-~ ,~, ~' ~, ,~ ,""- 0 -'''ithi:i1.,-tt'i.!t"~",,,-,<, FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF ALTEGRA CREDIT COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION vs. CHARLES E. DOUGHERTY JO.AN M. DOUGHERTY NO. 01-6494 CIVIL PLAINTIFF'S PETITION FOR REASSESSMENT OF DAMAGES Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter, and in support thereof avers the following: 1. Complaint in Mortgage Foreclosure was filed on NOVEMBER 15, 2001. 2. Judgment was entered against Defendant (s) on MARCH 13, 2002 in the amount of $78,252.04. 3. The mortgaged premises are listed for Sheriff's Sale on JUNE 5, 2002. 4. Additional sums have been incurred or expended on Defendant (s) , benalf since the Complaint was filed and - ,," jlc - ~l- ~'; ";"-~~-"li'~!i,;J,'M,11,_ii-j: Defendant(s) have been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal Balance Interest Amount 5/22/01 through 6/5/02 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Inspections/Other Appraisal Fees Escrow Credit Deficit 67,603.59 10,310.97 752,29 1,065.00 1,367.00 0.00 410.00 0.00 0,00 643.00 TOTAL $82,151. 85 5. Under the terms of the mortgage, Plaintiff is entitled to inclusion f the figures set forth in paragraph five in the amount of judgment against the Defendant(s) . WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reass(?e5[s set forth above. ~ Daniel G. Schmieg, Esquire Attorney for Plaintiff -2 - ~ -, ,., '.. ~ _.<,- ,'j, _1 ~I~", I O.,JI"-J ........-..~~.Ji;ilh.)..!,'~,-L~~i" ~r Rl='Ci'-i\,."-r', .'..-, ." _ ~: .C1 ~ C :) ~ t.:. ~~... 1 .' 8al~ ~ /:1~ ';3/-fJ-"" FtDERA~ NATIONnL MORTGAGE ASSOCIATION : COUR7 OJ: COMMON' PLI;J\S I'HIL",DE~PllIJ\ COJ.ltl'I"i CIVIL TRIAL DIVisION vs. JOSEPH .:JEFFERSON' and. . ROSIE JEFFE.l<SON, his \.ife . ;:.' l~'! TERM,' i98c i:,.. NO, 2359 '.'''Ii! :. ORDER AND OPINION W!lITE, J. AND NOI{, this '. 7' day of rea , lqa6, upon consi.de;-ation of Plaintiff: Fedcra,l National t~ortgaqC! , . AssociatiOn's Petition for Reconsideration Nunc Pro Tunc of this Court' s Order of November 7, 1985 and tho Answer thttrGto of Defendants, Josaph Jefferson and Rosie Jefferson, it is hereby'ORpeRED and DECREED as'follOWs;1 1) Said l?t;i:.~"\on is GRANTED; 0"\1"'. . ! -~\: ,<:,,\ . 2} ~~i~~~rt's Order of November 7, 1985 i~ a}..'#t.~']' roo'.' .,~.... ~ c-v .:.. REVERSED andPlaintif~ls~~otio~_for R~aSsessmant~Qf Damaqcs is .,.... ~ (l~~~'J . . 'r 4' h,' . '\' . .... v ,~ .- ~\\,-,). ",,\{,~ , . , 3) J~~~;t is hnreGy lncrca~~d to S6,141.7t. GRANTED: BeCaU5(: Pll'-intiff was req\iired to ac':C!pt cUt'r,:nt mortgage payments upon the f,i1ing of ,Defendants' bo.nkrupt(;y . . . petition and in fact did so, it is necessary t.o rC<lSSUSS the altount of da~la9'e.s that initially were assessed after judgment by default was' entered in this action. . Because Defendants have not refuted the specific amounts claimed - 1 - .,,' : ;. .. ! ! , ,. 1 I '- l' \.. ~ ! _.,"'~_.,,~.~'"""'--- ~ ", ,/ , .:/ 1, ;~J~" ": ....... -~ _d. - , ::~ .1..,J" t,,/l,,) .J.....~~.ll n ...,...........___.. .- by Plaintiff in the instant Motion for Reassessment, this Court finds that Defendants have admitted these amounts" pursuant to Pa. R.C.P. l029(c). .' BY THE COURT: ~.4';:-~ THOMAS A. WHITE, J~ I i I ~ , 'jl 1Il1lim!lllil~1hr,.4'';;:!iil'lli..~'X;,,-'_dC._'i " =j . ! ::r 1': " " :.; .: :. , " . , :.:' ',' ,. , \ \, "1 ~.- _'Ie' "L ~',~, FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF ALTEGRA CREDIT COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION vs, CHARLES E. DOUGHERTY JOAN M. DOUGHERTY NO. 01-6494 CIVIL BRIEF OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I, BACKGROUND OF CASE Plaintiff and Defendant (s) entered into a Promissory Note and Mortgage Agreement, wherein Defendant (s) agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff I s Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub iudicia, Defendant (s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant (s) were not going to cure the default and bring the loan current, Plaintiff commenced a Mortgage Foreclosure Action. Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. ........... ..~ r' ',., ..,,1 -",. ",'. ';~ii,-" II , ARGUMENT FOR REASSESSMENT OF DAMAGES The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, lithe Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation..." In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa.Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortqaqe Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super 1988) . In Chase Home Mortqage, the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee II... could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage's failure to comply with the terms of the mortgage agreement..." Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971) . Plaintiff submits that if Plaintiff went to sale without reassessing damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages k, ~ '. "- ."" ~II!IW ~~"'l"';""'''''''",":' will not be detrimental whatsoever to Defendant (s) as it imputes no personal liability. The Supreme Court of pennsylvania found in the Landau v. Western Pa. Nat. Bank ca$e that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights at'e delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff's Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff's judgment amount. May Term, 1986, No. 2359 (CCP PHlLA. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. FEDERMAN AND PHELAN, LLP. ~~ DANIEL G. SCHMIEG, ESQUIRE ATTORNEY FOR PLAINTIFF ';! ~o '-, '~.-..,- , '~;c', LAt~' k'''''''''U:l~~''Jl;t VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. DATE: May 20, 2002 oQ..~ Daniel G. Schmieg, Esquire Attorney for Plaintiff ~ '="'~<<=""""';"'~""'.-r~- -- ~.. FEDERMAN AND PHELAN, LLP. by: Daniel G, Schmieg, Esquire Atty, I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ALTEGRA CREDIT COMPANY vs. CHARLES E. DOUGHERTY JOAN M. DOUGHERTY I I , I ~>i<oD' ~'" ^.,,-, rri~~\ ','0. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO, 01-6494 CIVIL AFFIDAVIT OF SERVICE Daniel G. Schmieg, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on May 20, 2002, CHARLES E. DOUGHERTY JOAN M. DOUGHERTY 18 HUMMEL AVENUE CAMP HILL, PA 17011 DATE: May 20, 2002 ~~ ~. Daniel G. Schmieg, Esquire Attorney for Plaintiff ;~"''''',~'''''''o<',"r,~"" ~~~ .'_ ~ _"0' .,,1. .."" '."__ I>',' ;;-:'l'"''''~:S'-J);,'';-''''Ii"d.,';'';ii-~~~~~~!!:;IJJ;tl1'I&)'illt!!e\ii;l~!~:i.~~.mUf! "~~." ",,,",,~ '~',;- ""'" -'~.'-,~, . ,. ,",."'" '.=- ,~., --,"" . (') ~,;; ""t.l i::' ~ ITJ(:-': ~~ ~--;: _/ ~~ ;~~, ~~~~ =< ~ ~. ,~_.. .M,~ . C'-.." .~ j'\.::, c) -''0 -,~ . ~'" -< 1'0 -'0 3:; (--::-J ---'-1-, . .i:I:! ~.--() =.5rn ~ -< :..J -.0 CO - "l"~~,lhiliOl~;"",""'.k."~~~"",, . - ,~_ c,L ~,~, ~_'" " ....:..,~'ii'll.Jiillill!ll!luMi!r~. ~ ~~m":.."U,'h-i~~~,ii"'!t,,,-- ENTITY FAP VENDOR Prothy of Cumberland County [PCUMB] CHECK DATE 5/20/2002 CHECK NO. 200802 DOC NO APPLY., TO . - DATE INVOICE APPLY TO rNVOICE DOC AMOUNT DISCOUNT PAYMENT AMOUNT ~ .. 1.200S02 201043 OS/20/02 52091 ~HARLES DOUGHERTY 7000016887 , 9.00 0.00 9.00 ,- ,.. , '_"-II~I~r:,~~~I'I~',I,\~'I::I~~.:I:II~II::I"-:'I~~,IM:I~,"11"'l_:I::t"'Hll'.=-,:I'I:I::3-~'!'_JII:.!'_I[~-I',I:.I:II~..:::I'.:I'J:I'I::I:_"'1~:-:~,::ii.'~::I:""'1~"'1_I~I~:I.I-~"~"~~I=:'.,=:-'=-:-"'1::1~_._I,.,II....:::I,:I"l~.I:I~_t F13O;l;;gMklN &PHEL(\N ';A.'PTO~Ngy :gSCROVV;A.CCOUNT ONE [>gli(f.j CEr9TER; .SU ITE:1400 Rf-j1L!\[j!i'hPHIA; PA19103-1.814 COMMERCE BANK: PH!lAPELPH IA~ JiA: '\9:1:48 '3-180/360 CHECK NO 200802 ., Ofl/l:\: ~1>-2~2QO~ 1-"., Pay . 'IM;'1\8 5/20/:'2002 '.' *,:7f*:*,**::~_***'9. 00 Void afl.er 90 days AMOUNT NINEAI'W OOllOO.DOLLARS ToThe Order Of' E'rot'hy of Cumberland County Cu~'erland CQurity ,Co~rthouse One, C:()iilrthouse Square Ca,d~sle, PA 17013 l - - - -, . ;;.;.;.;.:;i....I:I<IIllMlh'r1:1~._~~I~.~.m;;.':I:t,'1~:::I-~i...'"1..~~~=-I~I:~..II;..:.~i;.:.I:I:s-.."i...:.:;:::I:I_:l=;iIlL!,;.'~::i.;II-:1';l;;~::t'-,l;~r:'..~;;;.;,~;~~~ -, .~...~..,......~.:.~..... ....<>', ':' '-. ," -.... """.." "'-'"." '~" ," "''''..' .. ." < '-,:' "'><:,,,::,;-"-:-',;,;:'~:: :::'_<,';'::'-;-",<,'~:",:"-'>,':_', ,"1>r: - ": _" 'M", ", '" '_, " ,.. _ ~ ,..", ____ '''', " ,,,, ", __,', '\ ' 'v ':,..::-:':- '- :-' ' -'-,- _'-,' ' ':., ", 7.:>' '),+, : '- "", '\.",>,<-"-' , ~ II' 20080 211' 1:03 bOO 108081: 3 b IoSo8bb bll'