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Home My WebLink About99-02332 +'.~, ! I'{ ". .'.... ..~,,' ,'"),, ,~i' ~~;:=" ,~ .S' . ,,:.fJ S :,. .' U "~(jj ." ,,, ..... :J~ .... ,;' c ".", K ,.. ..,F .. .. cw '<:!! ~ .a." .."1 1~ qt :Ii c:Jcs - ';' .' - CJ ~ ~ CC) C'( , " Q-' ~ rEDERMAN AND PHELAN By: rRANK rEDERMAN Xdentifioation No. 12248 Two Penn Center Plaza - Suit. 900 Philadelphia, PA 19102 (2151 563-7000 I " Attorney for Plaintiff CREDXT BASED ASSET SERVICING AND SECURXTIZATION LLC 5373 WEST ALABAMA, SUITE 600 HOUSTON, TX 77056 VS. TIMOTHY J. SHATTO 141 SPRING ROAD DILLSBURG, PA 17019 CUMBERLAND COUNTY I~ ! COURT OF COMMON PLEAS CIVIL DIVISION KAREN M. SHATTO 121 B 2ND STREET LEMOYNE, PA 17043 : NO. 99-2332 CIVIL TERM r I I [ ,." ., f t> PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against TIMOTHY J. SHATTO AND KAREN M. SHATTO, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: I> I' t.. f As set forth in Complaint Interest - 4/1/99 TO 7/9/99 TOTAL $88,864.70 S 1.781.00 $90,645.70 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. r f ~ [ t. f. ~ ~MML /)~ / / FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~ DAMAGES ARE HEREBY ASSESSED AS INDICATED. I~ r \lAt~ ~. \ [)f)J PRO PROTHY DATE: .,-j, ,0.. \~ 11Cfl.<1 \ FEDERHAH AND PHELAN .Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF CREDIT BASED ASSET SERVICING AND SECURITIZATION, LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION CUMBERLAND COUNTY vs. NO. 99-2332 civil term TIMOTHY J. SHATTO KAREN M. SHATTO Defendant(s) TO: TIMOTHY J. SHATTO 141 SPRING ROAD DILLSBURG, PA 17019 DATE OF NOTICE: JUNE 2, 1999 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff :i .'" CT rr i -:;:- r- Ei: on ~ ~ ,<j JJ ~ N Z ~ CiJ :::><1'. 0 CO ~() "',...-. J~ ~~ - ~")7; --z. .. "4 "'t 0 " Cl;J -A- C ..:J' ';;$ () --0 ." r= :':12: 1 ... u - il:Z .rIJ .9 u:tt' -' IUlO '" :::> ~-g u. ~ f'.: -, .... ct:. ~ 0'0 -,) CT\ b .. - fi- e~ -- '" ...... 0... ,..0 ...,.. u ... ~ :l.-: ~ II: lit , 0 C!I , . H !e. Q e. . t;~ olI; 4: Oil 11I0'0 H Z ~i511 co e. '" H 0 ::l~t '" CIl> ~ !: Q II r< ~..J ;:l 'II ==e; U .... ~tll . I&l U .... e ~~ III 0 ~'E ..... e.o ~ Oa.Q QJ ~ ~~ ~ ~ l': III l>o E-t ..... ~~ III Ill", ~ 1II:i O- r< ~~S O~ ~ aI E-o ~ ll< I&l . . lil...1I E-t u~ H II 1:1 . ~i '" '" '" u :- ~:Il .... 1II11l! ..:l r..0 H ......"' H Ou ~ l:I::' > ~~ >. ......Il. H E-o I&l ~S Ql ......41 U ~~ ell i!la l': ... ~~ 1~ 41 N 0< Eo< Eo< .. ~ M U..J I&l 1:\,- III M ell - III N ~el ell u QJ III I olI; ~ .. '" i5i:ll '0 III C\ < '0 II C\ 2SS Q ~ QJ '0 ... I&l ..... 4: '0 ell ..... '0 . U olI; r... olI; 0 III Z Eo< H Q I&l III U .. DESCRIPTIO:\' ALL THAT CERTAIN tract or parcel of land and premises. situale, lying and being in the Township of Hampden. County of Cumberland, Commonwealth of Pennsylvania, consisting of LOIs Nos. 2 and 16. in a Plan of Lots of C. Fry, recorded in the Recorder's office in and for Cumberland County in Plan Book 3. Page 92. bounded and described as follows. [0 wil: BEGINNING at an iron pin on lhe weSI side of a proposed streel 25 feet wide al the corner of Lot No. I in said Plan of LOIS; thence South 47 degrees 15 minutes East along Ihe line of said proposed Slreel, 40 feel to an iron pin al corner of LOI NO.3 in the said Plan of LOIS: thence Soulh 42 degrees 45 minutes \Vest along lhe line of said Lot No.3 and line of Lot No. 17, 200 feet to an iron pin on the line of another proposed streel in said Plan of LOB: lhence North 47 degrees 15 minutes West along the line of said proposed streel, 40 feel [0 an iron pin al corner of LOI No. 15 in said Plan of LOIS; lhence North 42 degrees 45 minutes East along the line of said LOI No. 15 and LOI No. 1,200 feel [0 an iron pin on the line of lhe proposed street tirst mentioned above. the place of BEGINNING. HA VING THEREON ERECTED a ranch-style dwelling house which has the address of 602 Bay Street, Mechanicsburg, Pennsylvania. TAX PARCEL #10-22-0521-009 TITLE TO SAID PREMISES IS VESTED IN Timothy J. Shatto and Karen M. Shatto, his wife, by Deed from Shaun D. McCauslin and Sharon L. McCauslin, his wife, daled 10/27/95, recorded 1111/95, in Deed Book 130, Page 548. I r' , i \D ~ @ N ~Q Ci:J -:> <"l~ u:;O ;I: (J~ 'FE: ..1- . 0<>: ". ~C' ,~~ CJ~ ~ ~ST.J_1 U- u:::~I..: -' ;i~?; r.:: :::> ,dm --, :1~u.. lI_ '" a 0 (To i . .,.0- ~ ", !i ~ ~ rP ~~ i -{ = ~ 1- = . 8 gg ~ to d- ~ ~ .;l ~ ~ j i Q.I v - ':> :> - -0 -0 :.- ~ : t 8 j : : J ("6 0 0 ~ 3 0 0- 0 I.() l{l rfJ 0=- Cll LO (l) !J - ~ ~ \.D ~ N 6 CiJ :-J<f'.. 0:.:' ~~ u?( .' ::c <5 p,:-" .co C)~ ......1'" ~o -'" :'.., u) fJ; ':'lZ ~f.>_ 'n:2 u:~!! -' \,.1 LU :::l rDc... >'-, -, ~ f.), (To ::> 0 (To () FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (US) SU-7000 ATTORNEY FOR PLAINTIFF ;;^}: I', ~';. (:,~~~i l'J , :' ~ ." I,; ...;' ;, f," l tcc TIMOTHY J. SHATTO KAREN M. SHATTO : NO. 99-2332 CIVIL TERM CREDIT BASED ASSET SERVICING AND SECURITIZATION LLC I CUMBERLAND COUNTY I COURT OF COMMON PLEAS : CIVIL DIVISION VB. . . 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: (XX) an FHA mortgage ( non-owner occupied ( vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 7~ ~h10A~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~ '" ~ N h 00 ::"l.:(' ()::.:) t'3 ~r ~J~i 'c:' .- ~- fh. ...:: (:).::; 2;t. --5= .. :';;<1, ,~ : ~ .2 ~u_ fez u:.1I.1 -' I.1ILU ~ :::> :::00... ...., :>.: ~ en a en >- <D ~ ~ N ro =:J..,. UJQ O~-' 0"'- :::: U~ 0 if~: <: >. D~ --,....... ~C ..s ~,~..(n r_: :JZ LUC- ~rz --Ill I -' ; ~'1i J.1 0:-, => :Dn.. F """) ::>- 5 '" =:J '" 0 ;;. ..~ ,,~ ,~ CREDIT BASED ASSET SERVICING AND SECURITIZATION LLC , , CUMBERLAND COUNTY COURT OF COMMON PLEAS va. CIVIL DIVISION TIMOTHY J. SHATTO KAREN M. SHATTO , , NO. g9-2332 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY JUly g, un TO, TIMOTHY J. SHATTO 14 1 SPRING ROAD DILLSBURG, PA 17019 KAREN M. SHATTO 121 B 2ND STREET LEMOYNE, PA 17043 **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, 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 602 BAY STREET MECHANICSBURG. PA 17055, is scheduled to be sold at the Sheriff's Sale on DECEMBER 8. ~ at 10: 00 a. m. in the Cumberland County Courthouse, South Hanover Street, CarliSle, PA 17013, to enforce the court jUdgment of 890.645.70 obtained by CREDIT BASED ASSET SERVICING AND SECURITIZATION LLC (the mortgagee) against you. If the sale is postponed, the property will be relisted for the MARCH 1. 2000 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the jUdgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU HAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1- be sold calling Jf the Sheriff's Sale to the highest bidder. (2151 563-7000. is not stopped, your property will You may find out the price bid by ! {.... 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. . , ~. 1 I. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the SHeriff and will be made available for inspection in his office. The 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 filing of the proposed schedule. 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 ATORNEY REFERRAL CUMBERLAND COUNTY BAR ASOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (SOO) 990-9108 ~ '" ~ '" z "" cO ::.>~ u5Q 0... 07; 1tt> :;:: .<; -.::: > ~~.. [~.~ "":~>- C ..:r- :'-:~r.o c'. .-~2 wci~ /.1:% EEli.l -' i":JLU ~ UJo.. r;:: ~ f5 <Tl <Tl (J '.- \ PLAINTIFF CREDIT BASED ASSET SERVICING AND SECURITIZATION LLC AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY . COURT NO, 99-2332 CIVIL TERM DEFENDANT IS) TIMOTHY J. SHATTO TYPE OF SERVICE ____ Civil Action ____ Summons ____ Eviction ...lQL Notice of Sheriff's Sale DECEMBER a, 1999 Date BERVE AT 141 SPRING ROAD DILLSBURG, PA 17019 SPECIAL INSTRUCTIONS **THIS PROPERTY IS IN YORK COUNTY** '. TYPE OF ACTION Mortgage Foreclosure SERVED SerVed and made known to .....:J<,;->-,~./.. Defendant, on the dO~.L. day of at to ~ <IS- 0' Clock, P. M., at Commonwealth of Pennsylvania, in the , 199!L-, , escr1bed below: , )( Defendant personally served. Adult family memb~ith whom Def~dant(s) reside(s). Relationship is - / .q~a::tTr, ^~ Adult in Charge Defendant's 'residence who refused to give name/relationship. Manager/Clerk of place of lOdging in which Defendant(s) resides. Agent or person in charge of Defendant's office or usual place of business. other: I, /r4,/b? / ;;:'Y"''''T) , a competent adult, being dUly sworn according to law, depose and state that I personally handed to ~m .'iha.fk:, a true and correct copy of the -J'}/') .,I.;U o,C <:h I.p issued in the captioned case on the date and at the address indicated above. an officer of said defendant company. Sworn to and sUbscribed b~e me this ~/..:d- day o V.L) , 199.2-. Notary'-- 10 . J,~, , . . ' ~.:t"'I......t:1 SAFIAr) A. SNYCC::E, H ..t]o P",blic Mldd!u Paxton Twp., Dauphin Ccunty M Commission Ex itDS April 14. 2001 ,.,', By: y~/.r'..4~ NOT SERVED On the ___' M., Detendant Moved OT FOUND ~ecause: ____ Unknown , 199_, at o'clock Other: No Answer Vacant Sworn to and subscribed before me this day of , 199 Notary: By: ATTORNEY FOR PLAINTIFF FRANK FEDERMAN, ES~.D.#1224a Two Penn Center Plaza/suite 900 Philadelphia, PA 19102 (215) 563-7000 . .~ "- t""' ~~ n; Ln <, - I:. I'..!< ~~ , - ~.~~ ,. .' L-:, "'- .. '. '. '::-....1 C ~ ~ ..... " ,;~) 'C.<) {-'.' I J;'.: UI;: .. -..- ~ c' !;~D u ;::; !l:!- ,. """ ":., l.t. [Tl C. "'-. G l , . ~..... ."" '.' " , , ~ a' ~ ,< C'.c ,- Q .. :'-:< - ~.:" " p,:'" ... " ..,> " G.. ,'.-, ~'_J ~)r- 2:;c ,- M '(,") (.. '-"L~ ~c. N l:-';~ a:~!-. -'., L.I'.:.J -~ ~ :.. (.1- ,..- ~ lI. e" ::.; 0 c;.:'\ () 10. ....J' ,.....~.'.~__. -....:.:..::.;..~.. 9 ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CREDIT BASED ASSET SERVICING AND SECURITIZATION LLC Plaintiff CIVIL DIVISION No. 99-2332 CIVIL TERM vs. TIMOTHY J. SHATTO KAREN M. SHATTO Defendants AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA CUMBERLAND COUNTY SS: I, FRANK FEDERMAN, ESQ., attorney for CREDIT BASED ASSET SERVICING AND SECURITIZATION LLC, h~reby verify that on JULY 13. 1999, true and correct copies of the Notice of Sheriff's Sale were served by certificate of mailing to the recorded lienholder(s), and any known interested party, see Exhibit "A" attached hereto, and the Notice of Sale was sent to defendant(s) on JULY 13. 1999 by first class mail and certified mail return receipt requested, see Exhibit "B" attached hereto. Date: November 8. 1999 Il.~..ved'rom: 'cO.. :.' -. ~~:~.: '.;I.'..',.~ , .'~ .._.... .I..J .!:"'_ '. ""-1; . . .-'" -.- V . ";," ...,., ""OJ.~..' '----11,.. '~..;~ / V.;(. 'Jt'.':;J DMK RE: SHATTO ,..' On. ~II'C' a' ordin.rv mill .ddr....d 10: TFNANT/nr.r.llPANT 602 BAY STREET tlEt:ttAlneSBtlR8, fA 17653 PS Form 3817, Mar. 1989 U.S. POSTAL SERV'CE ERTtFtCATE FAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: DMK RE SHATTO One piece of ordlna,., mail addressed 10: nnMF~TTr. ~FTATTnM~ nF r.T~~~~TAMn 13 NORTH HANOVER STREET C~lSLEt Pa 11013 , f"nTTh1'1"\l".:: PS Form 3817. Mar. 1989 Atfi. te. he,. in ,t.",pt 0' meler poUtge and poa~ mark. Inquire of ...,.'.,...... '. '--;-:-1 l'h!u..t "1 1'1 ,-~i I 'I.'.' 0 "I~ " . '11;;:;:; ..0 \' ~:!ll~ . ,.., C ',IJ~h'I~ I :'\ '~"j~ .' , :: ,l-~;-; 7.,;r-J .__ 1.\ .'. .,A ~:!., '" .... .....~I.: ~ ~.:{ ,:' ':';;'1-:-; '. -.;... '..... ,;;;-: . .,....~,. ~:k'. ':'" ':-."" "', 1/,''''/ J: ' l~ i-. ,\ ,p :: 0.; ',J.., ~ i .;,,~ Affix t.. here In stamps or me1e, poS1.g' .nd post m.rk. Inquire of Poatmllller for cun,nt . . j '.~~.~~'~':'" . i.h!.,,~ :: ~ ",.1 :'l .'.'. ..:"'.-; "','-' \, .\ ;j I 'i1"~" 'Ii!!-Z ..,;: I Ilf,.j 0 I 1~11:::;:) U/ I \i~':;~"~,~"€ 'J,.-t )'\".~:;' :,~ 1":~"~:'::;l~ :~; . :11.........-r-A......" .:l ~V'.,..\. "' !rid' ; } 0. ~ 0:) i}f-,:; , ),.~ ,. ..... .-----------------------. ''')','A..I POST.,UK 011 DATE F ~ C ~ .. ~ ~ c ru 1.11 1.11 o'l ru m r- lr' a. nr TlJI1~j ..[.,:(,1-1 ,ONlC[ ,-'kl~.t",'H '''~T\I''''Hf't'''l "[',II'" '~Jr(lr,f'h TOTALP<:ISIAGEMO'tn SENT TO: , NoQT'OIt.. llNATlOfl.&&.MAIl,. /.":...i>~P';":.'~ /.(. '~-. ~/'", I..J"'.... .',..... ( I~' " . / \""." I" ..f", 1;,'" 1 '.:: i"{t\OTll'l J. 141 SPaLi<G OILLS6UKG. StlAIru .w.w I'A 1/U1~ Ii " .. ~ ... ~ Ii: PS FORM 3800 ~ E i l! US Postal Service Receipt for Certified Mail -.-- - --- - - - -.----------.-.- o'l ru 1.11 1.11 o'l ru m r- lr' a. HETURN RECEIPT SERVICE I>CSTAGE ~ESHIJC7E~OEuvE't'ly POSTMARK OR DATE CERnF1E:: FEE. ~ETU'lNRECE:PT SENT TO: TO'ALPOSTJoGEANOFEES N INU v VI NOT FOR INTERNAT1QNAL MAIL ,. K.~~ M. SilATIO i~.l B .!;iU ;;-r.-u:;~',: Lio::10YNF:. rA li:J4:'; ~:-~:.' ~..~.~. " ...., " PS FORM 3800 US Postal Service iO'm Receipt for Certified Mail >- >- c:;. tr. r- X t-.~ .. :.'.-;-: u.l9 - I; . (.2 ~"', .c. H:["' c_ (":);. J~ <', -, t...J~.- LLI' ce~: c.~.: ':1 ~. u_ ('7"'\ ~j 0 c..-- U ',. 1. Plaintiff is CREDIT BASED ASSET SERVICING AND SECURITIZATION LCC 5373 WEST ALABAMA, SUITE 600 HOUSTON, TX 77056 2. The name(s) and last known addressees) of the Defendant(s) are TIMOTHY J. SHATTO KAREN M. SHATTO 602 BAY STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/27/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to HART MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1289, Page 200. By Assignment of Mortgage recorded 11/1/95 the mortgage was assigned to M & T MORTGAGE CORPORATION which Assignment is recorded in Assignment of Mortgage Book No. 507, Page 260. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 10/1/98 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest 9/1/98 through 4/1/99 (Per Diem $17.81) Attorneyrs Fees Cumulative Late Charges 10/27/95 to 4/1/99 Cost of suit and Title Search Subtotal $80,150.14 3,Sll.34 4,007.00 140.40 550.00 88,658.88 Escrow Credit Deficit Subtotal 0.00 205.82 TOTAL 205.82 $88,864.70 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. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. S 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. WHEREFORE, PLAINTIFF demands an in ~ Judgment against the Defendant(s) in the sum of $88,864.70, together with interest from 4/1/99 at the rate of $17.81 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. J;;-J-~ /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff . VBRIJ'ICA'1'IOl( LUCY HERRADA hereby states that *he/she is FO~ECLOSURE COORDINATOR ot LITTON LOAN SERVICES, INC. mortgage servicing agent tor Plaintitt in this matter, that he/she is authori.ed to take this Veritication, and that the statements III&de in the foregoing civil Action in Mortgage Foreclosure are true and correct to the best of Ilia/her knOWledge, intormation and belief. The undersigned understands that this statement is made SUbject to the penalties ot 18 Pa. C.S. Sec. 4904 relating to unsworn talsitication to authorities. DATE: ---1 /1'1/'1" 8 (. . " I:. ~- I t' \;"1 , () . j'l: I J , , ;!}; . ' l.:" ~, L. , . .:;, {' t . ' t'ILO ooo(;lWl06ruu'O~~!~~ ;)Ul .""....1..".1"1 "I~~~ 1l.vlS-l1v "-.. -f-~ ~ ......... 'D ^:> :::sj f'.. ~ I -- (J\. \J' \) () '\) ~ 1::- t.., \) ~ ~ l;; 1"ti ~ ~~ '~ >i , , . ,I:. , J "#' , . " ';..J 'il.. .> '..J :-r: <c. ,J. , "'_J~.t r~; -j -"- ,'l,) 1,;-; o. " '..1 ., 0" \C\~) Q()()L'~\~~~,i1.~\\qc\ "~\'. -'\ Q'\' "0 -, ' 'or.. ".c Q'6\' '''IJ\J--..,<<;o (,. la\IJo", iJ6 "'."-' \ll'e\cl c" ''''(i~~ clG~l'JtN\I<'d- 1'\'(\3\-\ . . . . . . . . . . . . . . CDUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771.9601 28 EAST MARKET ST., VORK, PA 17401 INSTRUCTIONS PLEASE TYPE ONLY LINES 1 TO 12 DONOTDETACHANYCO~E& 1, PLAlNnFFISI 2. COURT NUMBER credit Based Asset Servicing and Securitization I.IX 99-2332 Civil 3, OEFEHDAHTISI .. TYPE OF WRIT OR COMPlAINT TillDthy & l<a.cen Shatto Conplaint In Mortgage Foreclosure SERVE ~. NAME OF INDIVIDUAL. COMPANY, CORPORATION. ETC. TO SHiVE OR DeSCRIPTION OF PROPERTY ToaeT.evTeo, AnACHEO. OR SOLD. . S.~ifJRE~ol:~~~H ~NO., CITY. BORO. TWP.. BTATEANe ZlPcooe AT 141 S ring Road, Dillsburq, PA 7.INOICATI! SERVICE: lOCP!R1lOHA1. 0 PERION IN CHAROE DOEPUTlZE 0 CERT. MAIL 0 1ST CLASSIIAIL 0 POSTED 0 OTHER NOW 19 I, SHERIFF OF YORK COUNTY, PA, do hereby deputize the lherl" 01 COUNTY to exacute thll Writ and mske return thereol according to law. Thll deputatIon bGlnll mede.' the requeatlnd rIsk 01 the plslnll". e. IPEClAL INSTAUCllOHS OR OTHER INFORMATION THAT WILL ASSlIT IN EXPEOfTINO SERVICE: SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN IHIRIF' Oil YORIl COUNTY OCT OF COUNTY CllMBERLANO J\DVl\la FEE PO BY U CUMBERLAND CUCNl'Y SHERIFF NOTE ONLY APPUCADLE ON WRIT OF EXECunON: N.B. WAIVER OF WATCHMAN. Any deputy sheriff levying upon or attachIng any property under within wnl may 5eave IIfn8 without. watchman, III custody of whomever Is 'ounelln posI85$lon. after notltylng person of levy or attachment, without liability on the part of such deputy or the shertff 10 any plalnlllf herein for any loss. destrucllon. or removaJ of any property berore sherirra saJelhereof. 8. TYPE NAME ANOAOORESS 01 An'ORHEYJORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE Frank Federman, Esq. TWo Penn Center Plaza Ste 900, Philadel hia, PA 19102 215-563-7000 4/19/99 12. sam NonCE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (Thll arn mUll be compleled If noUce I, 10 be mailed). CUntlerland County Sheriff ..., ., SPACE BELOW FOR USE OF THE SHERIFF ONLY. DO NOT WRITE BELOW THIS LINE 13.1 acknowledge recelpl 01 the wrlI SIGNATURE OF AUTHORIZED CLERK 14. Dale Received 15. Explra~BlJt orcomplalntaslnd<aledabove. B. Feeser 5/4/99 5/19/99 18.1 herebyCEFmFY and RETURN thaI I 33.AFFIRM SO ANSWER. 34.uayol_ 36 Slgnatureo! 35. -".'19 5/12/99 , MY COMMISSION EXPIRES r-/ 42.1 ACKNOWLEDGE RECEIPT OF THE SHeRiFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - rssulngAuthorily 2. PINK -Allorney 3. CANARY - Sheriff's Office 4, BLUE - Shenft's OUice 41. Dala ] 43 Data ReCeived --~------_._~ --- Credit Bascd Asset Servicing and Seeuritiznlion LLC .vs- Timothy J. Shatto and Karcn M. Shatto In thc Court of Common Pleas of Cumberland County, Pennsylvania No. 99-2332 Civil Term Shannon M. Sunday, Dcpuly Shcriff, who being duly sworn according to law, says on Octobcr 1,1999 at 9;40 o'clock A.M> EDST, shc posted a copy of Real Estate Writ Notiee Poster and Description in the abovc entitlcd action on the property of Timothy J. Shatto and Karen M. Shatto located at 602 Bay Street, Mechanicsburg, Cumberland County, Pcnnsylvania. Timothy Reitz, Deputy Sheriff, who bcing duly swom according to law, says on August 13, 1999 at II :50 o'clock A.M. EDST, he served a truc copy of Real Estate Writ Notice and Description in Ihe above entitled action upon one of the within named defendants to wit: Karen M. Shallo, by making known unto Karen Shallo at 121 B Second Street, Lemoyne, Cumberland County, Pcnnsylvania, its contents and at the same time handing to her personally the said true and allested copies of the same. Dawn L. Kell, Dcputy Shcriff, who being duly swom according to law, says on October 1,1999 at 12:42 o'clock P.M. EDST. She served a copy of Real Estate poster in the above entitled action upon the within named defendant to wit: Karen Shallo by making known unto Karen Shatto at 121 B Second Street, Lemoyne, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and allested copies of the same. 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 pendeney of action to the within named defendant to wit: Karen Shatto, by first class mail to her last known address 121 B Second Street, Lemoyne, Pennsylvania. This letter was mailed under the date of October 2, 1999 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly swom according to law, says that after due and legal notice had been given aecording to law, exposed the within described premises at publie venue or outcry at Court House, Carlisle Cumberland County, Pennsylvania on December 8, 1999 and sold the same for lhe sum of $ 1.00 to AUorney Dale Shughart Jr. For Seeretary of Housing and Urban Development of Washington D.C., His/Her Suecessors and Assigns. It being the highest bid and best price received for the same Secretary of Housing and Urban Development of Washington D.C., His/Her Successors and Assigns of 100 Penn East. Philadelphia, P A being lhe buyer in this execution paid to SheriffR. Thomas Kline the sum of$ 813.64 it being sheriffs costs. Sheriff s Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library 30.00 15.95 15.00 15.00 30.00 10.00 .50 ~" 1'lIJ: p 41'Rl . 1'lIJ: SUlV/) 4 t p 01' lVJ:lJ'S Proof ~ 1'R101' lVJ:lJ'S Of PUblication MIChael Mor, COflllllon""l/lh ""'''' "" " "'.. ""y .. " .......... ::. "~.;::;:7::..= ~ ""';:":;:;;::,":",, ,.:, ~';:::. "..:-::",} .. "'" s""'" '....,....." 0 ,..." _ co., , _... ,,, ."" "" C "''''~r..,... ...._ '"" "..... ""'.. "'" "'" ......, ... .... ""'" ~: ,:;:: ..::.:::.:-....~~O'~:::- ~ :-: ~':':.:: :~:,.t",~ ":: ' '00 "" """ · '" '''' ".... .. , '......... " "lOr...... ' :,," ~ "" ..:;: ;.:: · ".,;,,,,, ~''''', ... '" .... "i,:"""" "r.;:'~::: '" ..... ..:: -.. "':;'~":'-- ,,J,."'i...~o' -...."'.';:., ""'.......;,::_ "...:,::: ';"...... -~,,,, "':::;:;m. .. "", .. :;:-,":.,... c"..,,"'::::;:.,:, ,::'i,;-:~ ~. ::':::::'" ::..:......~ .....,... " .. · , · " ... ........, .. ::,:;, :::.i:: "". ~... se~e'al/y b h '''''_ C .. ....... , ''''' ...... "" .... " . .. . -.... '. ..""" '" '" ''''' . ... "'., " " '.... '< ..;. ~~".....::, '::::.Z 'C...... ':::,~. '. .:::::: ~ " "'" .. OUnry ompany and an'1II0Usly pe P/J8t/C. 'rION ..", · """""- ~ '"" '':::::'7: COPy , S A '- E #16 .~- ,~ 7999 A.D. J"OIHePAr. i . Fa, PUblishin" the R~OI'NE:Ws Co Dr h "nollCe ., . p ~reto On the aboy 0, PUblication attach a rObatlng same e Stat9(f aates e .. r". '. ' .... ... '''t,) . ~""""", , . ~-."',p""", ."D' '0' '.. "",-..".~ ,. ...., " '" "" r.NE...... "" "","" "" ".g Co", esala notice ana PUb,' . PA IAIOloNeWs ICatlon cOSls ,newuPf1pers f ana certifies th 0 general IHE: PAlAfOI'NEWS ~6~'e same ha~e By.............. ..............,....................................... 298.89 1.50 300.19 , ; , PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAl, (Under Acl No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : 55. Roger M. Morgenthal, EsquIre, Editor of the Cumberland Law Journal, of the County and Slate aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 22, 29, NOVEMBER 5, 1999 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SAlE NO. 15 Writ No. 99-2332 Clvtl Credit Based Asset Servtclng and Securitization LLC vs. Timothy J. Shatto and Karen M. Shatto Atty.: Frank Federman DESCRIPTION ALL TIlAT CERTAIN tract or par. cel of land and preIlUscs. situate. lying and being In Ute Township of Hampden. County of Cumberland. Commonwealth of Pennsvlvanla. conslsUng of 1.015 Nos. 2 and 16. In a Plan of Lots of C. Fry. recorded In the Recorder's office tn and for Cumber- land County In Plan Book 3. Page 92. bounded and descrtbed as follows. to wit: BEGINNING at an Iron pin on the west side of a proposed street 25 feet wide at the corner of Lot No. Iln said Plan of Lots : thence South 47 degrees 15 mInutes East along the line of said _~~_........" "'1......1 dn rpp! tn~n Iron oln ~ /.?;[)U __ Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this -2-dayof NOVEMBER. 1999 SEAl L0I5 E. SNYDER. Nota')' Publk Carlisi. Boro. Cumborland Coumy PA My Commiuion Expht .March 5. 2001 :a CREDIT BASED ASSET SERVICING AND SECURITIZATION LLC : CUMBERLAND COUNTY COURT OF COMMON PLEAS . . VB. CIVIL DIVISION TIMOTHY J. SHATTO KAREN M. SHATTO . . NO. 99-2332 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY JUly 9, 1999 TO: TIMOTHY J. SHATTO 141 SPRING ROAD DILLSBURG, PA 17019 KAREN M. SHATTO 121 B 2ND STREET LEMOYNE, PA 17043 **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, 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 602 BAY STREET MECHANICSBURG. PA 17055, is scheduled to be sold at the Sheriff's Sale on DECEMBER 8. 1999 at 10:00 a.m. in the Cumberland County Courthouse" South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 590.645.70 obtained by CREDIT BASED ASSET SERVICING AND SECURITIZATION LLC (the mortgagee) against you. 'If the sale is postponed, the property will be relisted for the KARCH 1. 2000 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments/ late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition aSking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights, The sooner you contact one, the more chance you will have ot stopping the sale. (see notice on page two on how to obtain an attorney.) YOU MAY STILL BE_ ~B~~ TO S~VE YOUR PROPERTY ~ND YOU H~VE OTHER RIgH~ EY~~ IF ~~E ~tl~RIFF'S S~LE DOES T~XE PL~CE. 1- be sold calling 2. sale if of your is not stopped, your property will You may find out the price bid by If the sheriff's Sale to the highest bidder. (2151 563-7000. You may be able to petition the Court to set aside the the bid price was grossly inadequate compared to the value property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale, To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the SHeriff and will be made available for inspection in his office. The 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 filing of the proposed schedule. 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 P~PER TO YOUR L~WYER AT ONCE. IF YOU DO NOT HAVE A L~WYER OR CANNOT ~FFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEG~L HELP. CUMBERLAND COUNTY ATORNEY REFERRAL CUMBERLAND COUNTY BAR ASOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P~ 17013 (717) 249-3166 (800) 990-9108 '- ktAL t:)i/.\il ~J"\l[ 1~v./.s On ~ I'l, /1'1 q thi) :;b3'in iwJ!{.r) upon the 08j(iihiil:1\t. intorest !;lll1e real prop'3lty :;i'>"',j il' ~-I'~ CumL1arli\f:d COur,\::. ";J.. !tr.t:, <',:) ,>! ',b"r~l~ as: .~.'?.&_~~ /YIjliL ..~~~?r;'i ,,'':1';; f!!:.. .; '.;~'>,: (I", ,::;:'.jbi~ "r," hied wi!i't this writ ar:1l ~',' il'rl:; rU'L'iiJr,C.l i1~~rrma!eCi herein. rkte: ~rJ~ /7'J9 - B:L%yj~~ff ~ s:::;ji) C\iil c:::::s ~ I f "If -p' . . ~