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HomeMy WebLinkAbout99-04456-, Cendant Mortgage Corporation, f/Wa PHH Mortgage Services Plaintiff, V. Teresa L. Fernbaugh Lynn P. Fernbaugh Defendant(s). CUMBERLAND COUNTY No. 99.4456 Civil Term February 21, 2000 TO: Teresa L. Fernbaugh Giant Foods 5301 Simpson Ferry Road Mechanicsburg, PA 17055 P.O. Box 313 Mechanicsburg, PA 17055 Lynn 1'. Fernbaugh 19 Oakwood Avenue Mechanicburg, PA 17055 "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 308 East Main Street, Mechanicsburg, PA 17055, is scheduled to be sold at the Sheriffs Sale on June 7, 2000 at 10:00 a.m. in the Cumberland County Courhtouse , South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by Cendant Mortgage Comoration f/k/a PHH Mortgage Services (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SFIERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Courtto postpone the sale for good cause. 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.) 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN house and lot of ground situate on the South Side of East Main Street, in the Second Ward of the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described according to survey of John C. Brilhart, Registered Surveyor, dated December 5, 1966, as follows, to wit: BEGINNING at a point on the curb line of East Main Street, at corner of lot now of Boyd Fortney and wife, which said point is referenced as North 72 degrees 45 minutes East a distance of one hundred twenty-two and one-tenth (122.1) feet from the center line of South Walnut Street as measured along said curb line; thence extending along said curb line of East Main Street North 72 degrees 45 minutes East, twenty-four (24) feet to a point at corner of lot formerly of Hummel[ heirs, now of Elizabeth G. Shelly thence along the line of said lot now of Elizabeth G. Shelly, South 17 degrees 15 minutes East, one hundred sixty and eighty one-hundredths (160.80) feet to an ironpin in the northern line of Stouffer Allev; thence along said line of Stouffer Alley, South 72 degrees 45 minutes West, twenty-four (24) feet to a fence post at corner of lot of Boyd Fortney and wife aforesaid; thence along the line of said lot of Boyd Fortney and wife North 17 degrees 15 minutes West, one hundred sixty and eighty one-hundredths (160.80) feet to a point in the southern curb line of East Main Street, aforesaid, at the point and place of BEGINNING. HAVING THEREON ERECTED a brick dwelling and concrete block garage known and as 308 East Main Street, Mechanicsburgh, Pennsylvania. Tax Parcel M17-23-0565-238 TITLE TO SAID PREMISES IS VESTED IN Lynn P. Fembaugh and Teresa L. Fembaugh, his wife by Deed from Wayne E. Reichel and Helen E. Reichel, his wife dated 4/21/97 recorded 4/24/97 in Deed Book 156 Page 381. ? vi PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 Cendant Mortgage Corporation, Cumberland County f/Wa PHH Mortgage Services Plaintiff, V. No. 99-4456 Civil Term Teresa L. Fernbaugh Lynn P. Fernbaugh Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $132,043.36 V Interest from 2/3/00 - 6/7/00 $2,713.75 and Costs (per diem - $21.71) $134.757.11 TOTAL FRA C FEDE AN, SQUIRE TWO ENN CENTS LAZA SUITE 900 PHILADELPHIA, PA 19102 Attorney for Plaintiff Note: Please attach description of property.No. Q Q a w;5 oz ?a 0.1 zz Z 0 ?a OF Uz 00 oz U? xW F? Z] •• U R •? L o? a? U ? ?x x ?a u w U o? LL u w L ° d .T] F z 0 F W w w 0 F 3 a a U aW 0. W L h u L LL ?c 0 tA tn c n w ^ 0. y = 7 = doh a? eO b ? Q ? a. L O [L O G y 50 L m o u vMi y •o .fl N v N 0. t 3 -1 , ALL THAT CERTAIN house and lot of ground situate on the South Side of East Main Street, in the Second Ward of the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described according to survey of John C. Brilhart, Registered Surveyor, dated December 5, 1966, as follows, to wit: BEGINNING at a point on the curb line of East Main Street, at corner of lot now of Boyd Fortney and wife, which said point is referenced as North 73 degrees 45 minutes East a distance of one hundred twenty-two and one-tenth (132.1) feet from the center line of South Walnut Street as measured along said curb line; thence extending alone said curb line of East Main Street North 72 degrees 45 minutes East, twenty-four (24) feet to a point at corner of lot formerly of Hurnmell heirs, now of Elizabeth G. Shelly thence along the line of said lot now of Elizabeth G. Shelly, South 17 degrees 15 minutes East, one hundred sixty and eighty one-hundredths (160.80) feet to an ironpin in the northern line of Stouffer Allev; thence along said line of Stouffer Allev, South 73 decrees 45 minutes West, twenty-four (.24) feet to a fence post at corner of lot of Boyd Fortney and wife aforesaid; thence along the line of said lot of Boyd Formev and wife North 17 degrees 15 minutes West, one hundred sixty and eighty one-hundredths (160.80) feet to a point in the southern curb line of East Main Street, aforesaid, at the point and place of BEGINNING. HAVING THEREON ERECTED a brick dwelling and concrete block garage known and as 308 East Main Street, Mechanicsburgh, Pennsylvania. Tax Parcel R17-23-0565-238 TITLE TO SAID PREMISES IS VESTED IN Lynn P. Fembaugh and Teresa L. Fernbaugh, his wife by Deed from Wayne E. Reichel and Helen E. Reichel, his wife dated 4/21/97 recorded 4/24197 in Deed Book 156 Page 381. cl OO Cendant Mortgage Corporation, f/Wa PHH Mortgage Services CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION Teresa L. Fernbaugh NO. 99-4456 Civil Term Lynn P. Fernbaugh Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) Cendant Mortgage Corporation, Ulkla PHH Mortgage Services, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 308 East Main Street, Mechanicsburg, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Teresa L. Fernbaugh Giant Foods 5301 Simpson Ferry Road Mechanicsburg, PA 17055 Lynn P. Fernbaugh 19 Oakwood Avenue Mechanicsburg, PA 17055 2. Name and address of Det'endant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 308 East Main Street Mechanicsburg, PA 17055 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. February 21, 2000 DATE I N FEDE A ESQUIRE Attop ey for Plaintif ,: ?:. ,.._ ? ; ,J FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 Cendant Mortgage Corporation, f/Wa PHH Mortgage Services V. Plaintiff, Teresa L. Fernbaugh Lynn P. Fernbaugh Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-4456 Civil Term CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage O non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 7 )?K FED RA mey for Plai tiff ?..: :? FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12298 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 Cendant Mortgage Corporation,F/K/A PHH Mortgage Services V. Teresa L. Fernbaugh Lynn P.Fernbaugh ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO.99-9956 CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 909(2)/903 FRANK FEDERMAN, ESQUIRE, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriff's Sale was made by sending a true and correct copy by certified mail to Defendant, Lynn P. Fernbaugh at 19 Oakwood Avenue Mechanicsburg, which notice of Sheriff's Sale was received by Defendant,Lynn P. Fernbaugh on February 29,2000 as evidenced by the attached return receipt. The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. s 9909 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Date: March 13, 2000 I • QNCM Na at rght it yw INhh, Reatrlciad pellvery. • Pont y r mane am awmae on tng n,,am at th, 'ohm so that n can Mmn Ida cam to y . • Attach Ihie Icrm Io tN I1011 of IN madl ., or on IN back d apac.! does not Dmmil. • rN ReNrn Racmpl will aN M wNh, IN article waa delrverad and IN MtO dNrvmed. !'TN--4 P- FWBdWGH 19 CMAANVO AVF_'?` . FcivlAw\I( WW-. PA 170$5 DMK 6. or I also wish to receive the following services (for an extra fee): X Restricted Delivery Consult postmaster for fee. Article Number P 973 738 798 Service Type X CER71FIED ate of Delivery I _- _00 ddressee's Address 7. 7 I V G <v C) M S v ?c C3 :. r w u. tJ L F-. r bra ti ? o 0 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 Cendant Mortgage Corporation,F/K/A PHH Mortgage Services V. Teresa L. Fernbaugh Lynn P. Fernbaugh ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO.99-4456 CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 FRANK FEDERMAN, ESQUIRE, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriff's Sale was made by sending a true and correct copy by certified mail to Defendant, Teresa L.Fernbaugh at P.O. Box 313 Mechanicsburg, Pa 17055 which notice of Sheriff's Sale was received by Defendant,Teresa L.Fernbaugh on February 29,2000 as evidenced by the attached return receipt. The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. s 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Date: March 13, 2000 00 I ilsn wish to receive the SENDEN: 1„i.>. fcllowlnq servioes (for an extra feet. n.Y,m 9n1 ..C rv ^ P"trictm Delivery ? 1 1 1 rv 1 fY r :1 . , 1,: . mn G nsult Postmaster for fee. r .Iq Qf!IC(e NIIThP,f Arl rln A:1rly' . TERM L. pERNMIAM P.O. 819. 313 PA 17055 P 973 738 797 ab >ervirq Type 7 Date of 74" 5 Rccr rverf By (Pont Nam') ? kk Q F Slgnotu e (Qddra nn or Aq fl ?/, 61 Domestic Return Receipt f??z X?l P5FOPM 38111 Oncmm?cr 1994 ", c? ?uh? c; i?4 w `- .r 7 L O V U t ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CENDANT MORTGAGE CORPORATION, F/WA PHH MORTGAGE SERVICES Plaintiff CIVIL DIVISION vs. TERESA L. FERNBAUGH LYNN P. FERNBAUGH Defendants No. 99-4456 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA SS: CUMBERLAND COUNTY I, FRANK FEDERMAN, ESQ., attorney for CENDANT MORTGAGE CORPORATION. F/K/A PHH MORTGAGE SERVICES, hereby verify that on FEBRUARY 22. 2000, true and correct copies of the Notice of Sheriffs 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 FEBRUARY 22. 2000 by first class mail and certified mail return receipt requested, see Exhibit "B" attached hereto. -7 1 . A RANK EDERMAN, ESQUIRE Attorney for Plaintiff Date: April 28, 2000 L °o a -? A e m A- :E QU= e C G m 3 s F a I I 9 ? W y '? W 9 ? Z Q o ? ? Ir V NI a A y F Z ? O U O c Q E ? z Z Cn ? 9 c G ? V Y °' h Uw ? E c O ? C w W ?° u i W [ 7 Q L `n ?` Fw Ox I Q? ? z a? z ? V J5 z s a m ? z - i D V O? v, U ? U ? ? ?o < Z = ? ? `o z Q< < V C ?O W Gy 'A ; v E z 4] B7 ? Z O z u z> o z F n ? n O .. U W ? RS F z E ` off N M < u l V' r W a G ? N_ 1:2 2 M Z n N ? _C t N 1- L . Check bon at rphi It you reRueo 119011ad DaIndry I also wish to receive the . Pont your 11" aril oddres9 an the rewr9a of thus lam w that we Can return this cod following services (for an extra fee): • to you. . Attach this form to fee front of IN anspepe. W on IN back if Space Oases opt pehat j7t Restricted Delivery . The Return Recoipt If b" to wham the article was dalwered anal tie Oats animated TMIESA L. FEKRLVX i P 973 738 796 ("uiT FMDS 4b. Service Type 5301 SLMPSW FtiBllY RMD ?( Y-%IJANICS79URC, PA 17055 X CERTIFIED D 'r l < 7. DaleRf Delivery . 5. Received By: 6. Signatur . ee or, Agent) X . PS FOR" f 381 December 1994 Domestic Return Receipt U rk5Q SENDER: bale at d you Resealed Detroit, C afernme I also wish to receive the rot . In . Runt name e amp aalalcuss 109J o On Ihands. of OI IM1is ¢ IOfm 90 tMl we Can Mluln IM119 WN following services (for an extra fee). 0 you, . as Affect. sea IIXm to trip front of IN mallpece, or on the back it spat9 does not pehmil, R09tnC1Bd Delivery X . The Return Receipt will stew W whom the article was delnsred all 11111. delfereol .r9 ......r......r... r_- r__ XZKEM L. FEAFEAm P.O. W. 313 M711001.1imm, PA 17055 6. Signature: (Addressee P 973 738 797 X PS FOtM(RM? 365.1 ?f11,, December 1994 Domestic Return Receipt !i1 L;1i i?V it,.i Il iii???? I I ii i SENDER: I also wish to receive the Check We at rpht it you repuihe Restricted Delivery. • Pont your name am pednias oo the handles of this form so that we can return the cad following services (for an extra feel: to Wu.. . Attach this form to the front of Ira mmlpiece, ar on the back J space does not permit Restricted Delivery . The Return Receipt will show to whom the Crocus was delivered and the date deliwred r-- h nnnkmee9n. r.,. lee l•YA'W P. FE'bttltDiAIM 1) (W)DID AVFi ,':EC1b1A14u&UR(., PA 17055 DMK 5. Received By: (Pn'nf Name) LYNN 6. Signatu : Adtlr ss or y X Article Number P 973 738 798 CERTIFIED 7. Date of Delivery 7 - Jd_nn Domestic P, 0 1, Dec MGa eEnew 8 ATE Q x ? / D • r' 9E ivP,r J rr 11 ..... cu•r 1 n, a,.u"n rEE; L ?I z 1 'o ?.;, Zvi SENT TO NOa iOP INIEPNiIIONAL Mi1L - W m .'i'CaR•.. iJ$!IT,3: a a-a i.h I:C5 ? as CL . NA YO l ? O lVl ?u l \ ------------------------------------------ PS FORM 3800 US Postal Service Receipt for Certified Mail _ _- - -_- - - - - ,•:.I. rUbIMAAH OA GATE R IlEruwx w Ir ERV"L - > Ml Z p - :- nr y>uE.NG 1 EL', r j¢ y r- SENT T0: NOL GOR INTEflNAiIONAL MAIL 0C 4 6Z rn F ¢ a MF, PS FORM 3800 US Postal Service Co V r- m r- m r- 0-• CL Receipt for Z4 Certified Mail € 2 w 6 O ?L 2L wL 6. i' c= w, Y: COF N". W' PS FORM 3800 US Postal Service Receipt for Certified Mail ? o. LLIn CJ i )_r _ LL.B.. ? ?? v U 1 Cedant Mortgage Corporations In The Court of Common Pleas of F/k/a PHH Mortgage Services Cumberland County, Pennsylvania -vs- No. 1999-4456 Teresa L. Fembaugh and Lynn P. Fembaugh R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 15.51 Advertising 15.00 Posting Bills 15.00 Law Library .50 County 1.00 Mileage 16.74 Certified Mail 7.92 Levy 15.00 Postpone Sale 40.00 Surcharge 30.00 Share of Bills 24.80 Law Journal 363.05 Patriot News 216.60 $ 791.12 Pd by Atty 09/05/00 Sworn and subscribed to before me This ' ?- day of aT„ 2000, A.D. rothonotary So answers: - ?' R. Thomas Kline, Sheriff BY Real Estate Deputy I . S"0 CP ?4(40 Cendant Mortgage Corporation, Vkla PHH Mortgage Services Plaintiff, V. Teresa L. Fernbaugh Lynn P. Fernbaugh _ Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-4456 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) a,enaanr wfortsase t-orporatton. t/Wa PHH Mortgage Services, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 308 East Main Street, Mechanicsbure, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Teresa L. Fernbaugh Giant Foods 5301 Simpson Ferry Road Mechanicsburg, PA 17055 Lynn P. Fernbaugh 19 Oakwood Avenue Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: I NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be None reasonably ascertained, please so indicate.) 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be None reasonably ascertained, please so indicate.) Name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 308 East Main Street Mechanicsburg, PA 17055 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. February 31.3000 DATE FRANK FEDERMAq, ESQUIRE Attorney for Plaintiff/ r 14 Cendant Mortgage Corporation, dWa PHH Mortgage Services Plaintiff, V. Teresa L. Fernbaugh Lynn P. Fernbaugh Defendant(s). TO: Teresa L. Fernbaugh Giant Foods 5301 Simpson Ferry Road Mechanicsburg, PA 17055 CUMBERLAND COUNTY No. 99-4456 Civil Term February 21, 2000 Lvnn P. Fernbaugh I9 Oakwood Avenue Mechanicburg, PA 17055 P.O. Box 313 Mechanicsburg, PA 17055 "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 308 East Main Street, Mechanicsburg, PA 17055, is scheduled to be sold at the Sheriffs Sale on June 7, 2000 at 10:00 a.m. in the Cumberland County Courhtouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by Cendant Mort a e Corporation, Vk/a PHH Mortgage Services (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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 tiling 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. r M 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.) L If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 e DESCRIPTION ALL THAT CERTAIN house and lot of ground situate on the South Side of East Main Street, in the Second Ward of the Borough of Nlechanicsburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described according to survey of John C. Brilhart, Registered Survevor, dated December 5, 1966, as follows, to wit: BEGINNING at a point on the curb line of East Main Street, at corner of lot now of Boyd Fortney and wife, which said point is referenced as Nor h 72 degrees 45 minutes East a distance of one hundred twenty-two and one-tenth (132.1) feet from the center line of South Walnut Street as measured along said curb line; thence extending along said curb line of East Main Street North 72 degrees 45 minutes East, twenty-four (24) feet to a point at corner of lot formerly of Hummell heirs, now of Elizabeth G. Shelly thence along the line of said lot now of Elizabeth G. Shelly, South 17 degrees 15 minutes East, one hundred sixty and eighty one-hundredths (160.80) feet to an ironpin in the northern tine of Stouffer Alley; thence along said line of Stouffer Alley, South 72 degrees 45 minutes West, twenry-four (24) feet to a fence post at corner of lot of Boyd Formey and wife aforesaid; thence along the line of said lot of Boyd Fortney and wife North 17 degrees 15 minutes West, one hundred sixty and eighty one-hundredths (160.80) feet to a point in the southern curb line of East Main Street, aforesaid, at the point and place of BEGINNING. HAVING THEREON ERECTED a brick dwelling and concrete block garage known and as 308 East Main Street, Mechanicsburgh, Pennsylvania. Tax Parcel r17-23-0565-238 TITLE TO SAID PREMISES IS VESTED IN Lynn P. Fembaugh and Teresa L. Fernbaugh, his wife by Deed from Wayne E. Reichel and Helen E. Reichel, his wife dated 4'21i97 recorded 4/34/97 in Deed Book 156 Page 381. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-4456 COUNTY OF CUMBERLAND) CIVIL 1IX Term CIVIL ACTION -LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Cendant Mortgage Corporation f/k/a PHH Mortgage Services PLAINTIFF(S) from Teresa L. Fernbaugh, Giant Foods 5301 Sinpson Ferry Road, Mechanicsburg, PA 17055 and Lynn P. Fernbaugh, 19 Oakwood Avenue, Mechanicsburg, PA 17055 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Legal Description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are 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 Properiyof thedefenclant(s) not levied upon an subject to attachment is found in the Possession of anyone other than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due X132,043 36 Interest from 2/3/00-6/7/00 per deim $21.71 Atty's Comm % L. L. Due Frothy $1.00 Other Costs Atty Paid _ $124.40 Plaintiff Paid Date: February 24, 2000 REQUESTING PARTY: Name Frank Federman, Esq. Curtis R. Prothonotary, Civil Division ?b *)?? Depury Address: Mac Penn rent,.r Pla7.a Snit,. goo Attorney for: Plaintiff Telephone: 215-561-7000 Supreme Court ID No. On 1IC' 14 -44-r ? a?• ,-?, r? the sheriff levied upon the defendants interest in the real property situated in/?s? Q Cumberland County, Pa., known and numbered as:j?? . ? e ac-ra el-A and more fully described on Exhibit "A" BI2d vvitil c this writ and by this reference incarporae,d herein. Gv?i Date: ?..- 'Id ??? in? FE I I nl 991 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 Cendant Mortgage Corporation, Cumberland County Vk/a PHH Mortgage Services Plaintiff, V. No. 99-4456 Civil Term Teresa L. Fernbaugh Lynn P. Fernbaugh Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 2/3/00 - 12/6/00 (per diem - $22.77) $132,043.36 $6,990.39 and Costs $145,511.51 TOTAL FRA1 K FED RM , ESQUIRE TWO PENN CEN R PLAZA SUITE 900 PHILADELPHIA, PA 19102 Attorney for Plaintiff Note: Please attach description of property.No. A Q a H wQ O? wa a? O? ?a Uz OO a ca Oa W W F? z? O ti u e CCU a U cc en err G as cc R U? -0r R ? ? R O ? L ww as R L ? O W w? u O ° F ? 3c R 0 C W a ?- aU ¢ a w 0 r ga w o u a.?.W R OO; CIO ar s ?a LL 7 y .D a w° R "? R d o ., L R e) y d .? y z 8 a Y s 3 ALL THAT CERTAIN house and lot of ground situate on the South Side of East Main Street, in the Second Ward of the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described according to survey of John C. Brilhart, Registered Surveyor, dated December 5, 1966, as follows, to wit: BEGINNING at a point on the curb line of East Main Street, at corner of lot now of Boyd Fortney and wife, which said point is referenced as North 72 degrees 45 minutes East a distance of one hundred twenty-two and one-tenth (122.1) feet from the center line of South Walnut Street as measured along said curb line; thence extending along said curb line of East Blain Street North 72 degrees 45 minutes East, twenty-four (24) feet to a point at corner of lot formerly of Hummell heirs, now of Elizabeth G. Shelly thence along the line of said lot now of Elizabeth G. Shelly, South 17 degrees 15 minutes East, one hundred sixty and eighty one-hundredths (160.80) feet to an ironpin in the northern line of Stouffer Alley; thence along said line of Stouffer Alley, South 72 degrees 45 minutes West, twenty-four (24) feet to a fence post at comer of lot of Boyd Formey and wife aforesaid; thence along the line of said lot of Boyd Fortney and wife North 17 degrees 15 minutes West, one hundred sixty and eighty one-hundredths (160.80) feet to a point in the southern curb line of East Main Street, aforesaid, at the point and place of BEGINNING. HAVING THEREON ERECTED a brick dwelling and concrete block garage known and as 308 East Main Street, Mechanicsburgh, Pennsylvania. Tax Parcel #17-23-0565-238 TITLE TO SAID PREMISES IS VESTED IN Lynn P. Fembaugh and Teresa L. Fernbaugh, his wife by Deed from Wayne E. Reichel and Helen E. Reichel, his wife dated 4/21/97 recorded 4/24/97 in Deed Book 156 Page 381. r 1 Cendant Mortgage Corporation, dk/a PHH Mortgage Services Plaintiff, V. CUMBERLAND COUNTY No. 99-4456 Civil Term Teresa L. Fernbaugh Lynn P.Fernbaugh Defendant(s). September 6, 2000 TO: Teresa L. Fembaugh Giant Foods 5301 Simpson Ferry Road Mechanicsburg, PA 1705( Lynn P. Fembaugh 19 Oakwood Avenue Mechanicburg, PA 17055 P.O. Box 313 Mechanicsburg, PA 17055 "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 308 East Main Street. Mechanicsburg, PA 17055, is scheduled to be sold at the Sheriffs Sale on December 6. 2000 at 10:00 a.m. in the Cumberland County Courhtouse , South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by Cendant Morttr_aee Corporation, f/k/a PHH Mortgage Services (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the March 7, 2001 Sheriff s Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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. 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.) 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ._ % ALL THAT CERTAIN house and lot of ground situate on the South Side of East Main Street, in the Second Ward of the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described according to survey of John C. Brilhart, Registered Surveyor, dated December 5, 1966, as follows, to wit: BEGINNING at a point on the curb line of East Main Street, at corner of lot now of Boyd Fortney and wife, which said point is referenced as North 72 degrees 45 minutes East a distance of one hundred twenty-two and one-tenth (122.1) feet from the center line of South Walnut Street as measured along said curb line; thence extending along said curb line of East Main Street North 72 degrees 45 minutes East, twenty-four (24) feet to a point at corner of lot formerly of Hummell heirs, now of Elizabeth G. Shelly thence along the line of said lot now of Elizabeth G. Shelly, South 17 degrees 15 minutes East, one hundred sixty and eighty one-hundredths (160.80) feet to an ironpin in the northern line of Stouffer Alley; thence along said line of Stouffer Alley, South 72 degrees 45 minutes West, twenty-four (24) feet to a fence post at corner of lot of Boyd Fortney and wife aforesaid; thence along the line of said lot of Boyd Fortney and wife North 17 degrees 15 minutes West, one hundred sixty and eighty one-hundredths (160.80) feet to a point in the southern curb line of East Main Street, aforesaid, at the point and place of BEGINNING. HAVING THEREON ERECTED a brick dwelling and concrete block garage known and as 308 East Main Street, Mechanicsburgh. Pennsylvania. Tax Parcel M17-23-0565-238 TITLE TO SAID PREMISES IS VESTED IN Lynn P. Fernbaugh and Teresa L. Fernbaugh, his wife by Deed from Wayne E. Reichel and Helen E. Reichel, his wife dated 4/21/97 recorded 4/24/97 in Deed Book 156 Page 381. FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 Cendant Mortgage Corporation, f/Wa PHH Mortgage Services V. Plaintiff, Teresa L. Fernbaugh Lynn P. Fernbaugh Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-4456 Civil Term CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: O an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworrt falsification to authorities. F K FEE ERM ESQUIRE Attorney for Plain tff ?:, __; li . (J Cendant Mortgage Corporation, f/Wa PHH Mortgage Services Plaintiff, V. Teresa L. Fernbaugh Lynn P. Fernbaugh Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-4456 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) aluali. IrrorlPag+e %,orooranon uwa MH Mortgage Services, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 308 East Main Street, Mechanicsburg PA 17055 Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Teresa L. Fernbaugh P.O. Box 313 Mechanicsburg, PA 17055 19 Oakwood Avenue Lynn P. Fernbaugh Mechanicsburg, PA 17055 2. 3. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be None reasonably ascertained, please so indicate.) 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 308 East Main Street Mechanicsburg, PA 17055 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. September 6.2000 DATE P "IN& FE] ER N, ESQUIRE Attorney for Plaintiff ,.:? - L"": !' J '.J r - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES Plaintiff CIVIL DIVISION vs. TERESA L. FERNBAUGH LYNN P. FERNBAUGH Defendants No. 99.4456 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA SS: CUMBERLAND COUNTY I, FRANK FEDERMAN, ESQ., attorney for CENDANT MORTGAGE CORPORATION. F/K/A PHH MORTGAGE SERVICES., hereby verify that on SEPTEMBER 14. 2000, true and correct copies of the Notice of Sheriffs 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 SEPTEMBER 14, 2000by first class mail and certified mail return receipt requested, see Exhibit "B" attached hereto. FRANK FEDER AN, ESQUIRE Attorney for Plaintiff Date: November 3, 2000 °e a zh a N saw a d aU'? e r W a` 9 m 3 Z. {r.F a I 9 ? C w d W N A ? V zao s 4 F F I- F - T F [ ? ? OSLPS'O9 ? p? \'?.j QGOJId3S ? v C A 'lti%• e F - e a Z o ? r "> r. oa V o°i z m <.? z w< a U VcF y ?° o F ,7 O C ? ? ? a [z7 Z ? ? aF ?> V z ?z L ' a U« 'a m a0 am ? O? U= ? o0 6 u z Fnn° in E 2 u "2 t C ? L u N M V h ?D r o0 O• O ? N ? 'f V vi ' E N Z FG RE: !iAt.tS SENDER: DMK Article Addressed to: LYNN P. FERNBAUGI I 19OAKWOOD AVENUE MECIIANICSBURG, PA 17055 )wing service (for arr extra fee): RESTFACTIED omroiw 13 Consult postmaster it P 969 p055349 I llll?ll 111 lilll lllll!IIII°IIIlilllll?llllll 1111111 llil CERTIFIED -0 P 969 055 265 TO: TERESA L.FERNBAUGH GIANT FOODS 5301 SINIPSON FERRY ROAD MECHANICSBURG, PA 17055 SENDER: DMK REFERENCE: SALES P 969 055 349 TO: LYNN P.FERNBAUGH 19 OAKWOOD AVENUE MECHANICSBURG, PA 17055 SENDER: REFERENCE: DRETURN P«t,ct« a1M,Y --0.00. _.. Taul Po ..p u F«. US Postal Service DMK Receipt for SALES Certified Mail No Insurance Coverage Provide( Do not use for International Mail P«Yq L.niNn F« RETURN PNUm Raggl F« RECEIPT SERVICE US Postal Service Receipt for Certified Mail No Insurance Coverage Provider Do not use for International Mail POST MARK OR DATE SEP POSTMARK OR DATE. ?j SEP P 969 055 349 TO: TERESA L. FERNBAUGH P.O. BOX 313 MECHANICSBURG, PA 17055 DMK SENDER: SALES REFERENCE: c.nnI.a F« RETURN R«um P«.c? F« RECEIPT SERVICE Rplntl« p.l,wrF TOt4 iM1.q.M FM US Postal Service Receipt for Certified Mail No Insurance Coverage Providec Do not use for International Mail POSTMARK OR DATE SEP nl t? cam: 'I_ Fri i^. 7 ??- u• l'.1 l?l 15- CJ J (_; CJ FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES Vs. TERESA L. FERNBAUGH LYNN P. FERNBAUGH ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0. 99-4456 PRAECIPE FOR RULE TO SHOW CAUSE TO THE PROTHONOTARY: Kindly enter a Rule upon TERESA L. FERNBAUGH & LYNN P. FERNBAUGH, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. US . ), Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 CENDANI MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES Va. TERESA L. FERNBAUGH LYNN P. FERNBAUGH ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS . CIVIL DIVISION . NO. 99-4456 RULE 1, AND NOW, this AIL day of a Rule is entered upon TERESA L. FERNBAUGH & LYNN P. FERNBAUGH, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. tfj RULE RETURNABLE BY THE COURT: ' 14%.. J. R?3 ;i FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES Vs. TERESA L. FERNBAUGH LYNN P. FERNHAUGH ORDER ATTORNEY FOR PLAINTIFF . CUMBERLAND COUNTY . COURT OF COMMON PLEAS CIVIL DIVISION : NO. 99-4456 AND NOW, this day of , the Prothonotary is ORDERED to reassess the damages in this case as follows: Principal Balance $121,100.06 Interest Amount 18,420.03 1/1/99 through 12/6/00 Late Charges 951.08 Legal fees 6,055.00 Cost of Suit and Title 1,307.00 Sheriff's Sale Costs 791.12 Inspections/Other 233.55 Appraisal Fees 250.00 Escrow Credit 0.00 Deficit 2,569.46 TOTAL $151,677.30 Plus interest per diem from 12/6/00 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. FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES VS. TERESA L. FERNBAUGH LYNN P. FERNBAUGH ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION . NO. 99-4456 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 JULY 23, 1999. 2. Judgment was entered against Defendant(s) by default on FEBRUARY 4, 2000 in the amount of $138,521.12. 3. The mortgaged premises are listed for Sheriff's Sale on DECEMBER 6, 2000. 4. Additional sums have been incurred or expended on Defendant(s)' behalf since the Complaint was filed and 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 $121,100.06 Interest Amount 18,420.03 1/1/99 through 12/6/00 Late Charges 951.08 Legal fees 6,055.00 Cost of Suit and Title 1,307.00 Sheriff's Sale Costs 791.12 Inspections/Other 233.55 Appraisal Fees 250.00 Escrow Credit 0.00 Deficit 2,569.46 TOTAL $151,677.30 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 reassess tha9? as set f rth above. 1 J Daniel G. Schmieg, Esquire Attorney for Plaintiff -2- FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 ATTORNEY FOR PLAINTIFF Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CUMBERLAND COUNTY . COURT OF COMMON PLEAS Va. CIVIL DIVISION TERESA L. FERNBAUGH LYNN P. FERNBAUGH NO. 99-4456 BRIEF OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. 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, Plaintiffs 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. 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, the 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 Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super 1988). In Chase Home Mortqaqe, 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 '...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 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 case 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 are 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 PHILA. 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. Fa EDER MAAN AND PHELAN 'IL DANIEL G. SCHNIEG, ESQUIRE . L? _ I ?S:l.r.1==== SSC?=..-C: `l?.i?._ 7. .. _: 2.:? :..C ?.: d'?i- _.. .:. _ •?it G: LCCG?Gl :?? J.1_, i_•.__.SC': Y?C. •-:.?:: .: :?.:2=.:, ?. _? ?l w an. Q 1 .- 3 i wzz 44 V: a. -c: • I, ?I - 22.E a.w 10 ? r ? ?, y??ggy:??`• • .. I I ors ? r C-+%• • y I ? 1 VERIFICATION Daniel G. Schmieg, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she 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 her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C. S. §4904 relating to unsworn falsification to authorities. DATE: November 10, 2000 0,0 IL Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS Vs. CIVIL DIVISION TERESA L. FERNBAUGH LYNN P. FERNBAUGH NO. 99-4456 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 November 10, 2000. TERESA L. FERNBAUGH GIANT FOODS 5301 SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 P.O. BOX 313 MECHANICSBURG, PA 17055 DATE: November 10, 2000 LYNN P. FERNBAUGH 19 OAKWOOD AVENUE MECHANICBURG, PA 17055 ?, Lu Da el G. Schmieg, Esquire Attorney for Plaintiff ?: , . `? (J I .. ? ? Ei1Ti'P'i ."-...,. .. F'AP Prothy o1 PiuladelPhia County [PPIIIL] CHECK DATE CHECK NO. 11/13/2000 107565 DOC A7PLY APPLY 'PO NO TO UA'I i( i N':0I CE I NS'U ICE DOC AMOUNT DISCOUNT PAYMENT AMOUNT 107565 0839; 9 I I /! ,o, ,15111116 FERNIIAUGII x. 00 0.00 9.00 FEDERMAN & PHELAN 9 00 ATTORNEY ESCROW ACCOUNT . 'OMYpY11ALPHIAaPA19102,:?VV ';?; '..r.?9'•'^T'i?C.:..:i:Y? :It:.:..:..'!R;'_Tv?:3'l??:':F3;T_SS."a:?.::..ii? FEDERMAN & PHELAN COMMERCE BANK 31e0n60 CHECK NO ATTORNEY ESCROW ACCOUNT Pw1.ADeu'111A. PA 19148 TWO PENN CENTER PL. STE 900 107565 PHILADELPHIA, PA 19102 Pay N-ME A!] ,,. r : !C^ D O T . LP.RS To The .:pri• ?? Fn ..l adelc:^.4 C-, :::av Order 01 :iro0ca::d kei. 5t. Pr. 15107 DATE AMOUNT 1'_/13/2000 ...?-,..t.,9.00 Void after W days 'R'S>.:.I:^?LiT&S?:C19isCf.Av-_*.::-CiR:_3T.3'!:LSii:::!`_9C61>.` I:•:37?1.T:Y"1:."•1r?ilia:7Y' J 11'1075651I' 1:0 3F300 18081:36 065738 10 FEDERMAN AND PHELAN by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES VS. TERESA L. FERNBAUGH LYNN P. FERNBAUGH ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-4456 I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of December 19, 2000 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on November 29. 2000. TERESA L. FERNBAUGH GIANT FOODS 5301 SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 P. 0. BOX 313 MECHANICSBURG, PA 17055 LYNN P. FERNBAUGH 19 OAKWOOD AVENUE MECHANICBURG, PA 17055 o ? b,- ? Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: November 29, 2000 Cl) N G . l- Jr . C C.1 : ? 7h O 7 I . STATE OF PENNSYLVANIA, t COUNTY OF CUMBERLAND f ss. Robert P Ziegler I' --------------------------------------------------------------------- -_._ Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ---------------- Veterans Affairs sec -------------------------------------------- 6th------------------------------------ is the grantee the same having been sold to said grantee on the ----------------------------------------------- day of Dec 2000 ---------------------------------------- A. D., ------r under and by virtue of a writ-------------- Execution 11th ------------------------------------------------issued on the ------------------------------------- Sept 2000 day of __________________________ A. D., ---- , out of the Court of Comman Pleas of said County as of Civil ---- Tenn - 99 _-- 4456 Cendant Mtg Corp fka Phh Mtg Serv Number --------------,atthesuitof ------------------------------------------------ --------------- Teresa L Fernbaugh Lynn P ----------------------------------- against---------------------------------------------------- is 237 616 duly recorded in Sheriff's Deed Book No -------------- Page --_____-____. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A. D. 1?c*r! (Recorder of Deeds Recordc, o' Deeds, Curnbedand Ccugty, Carbs!e, PA My Connssion Exp,res the fuSl Monday of Jan. 2002 Cendant Mortgage Corporation f/k/a In the Court of Common Pleas of PHH Mortgage Services Cumberland County, Pennsylvania -vs- No. 1999-4456 Civil Teresa L. Fernbaugh and Lynn P. Fembaugh 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: Teresa L. Fernbaugh by Certified Mail Return Receipt Requested, Restricted Delivery, Deliver To Addressee Only to her last known address P.O. Box 314, Mechanicsburg, Pennsylvania. This letter was mailed under the date of October 3, 2000 and received by Teresa Fernbaugh on October 7, 2000 the return receipt card signed by Teresa Fernbaugh. Timothy Reitz Deputy Sheriff who being duly sworn according to law, says on October 16, 2000 at 3:18 o'clock P.M. EDST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Lynn Fernbaugh by making known unto Dawn Biller adult in charge at 108 East Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and attested copies of the same. Dawn L. Kell Deputy Sheriff, who being duly sworn according to law, says on October 13, 2000 at 2:38 o'clock P.M. EDST, he posted a copy of Real Estate Writ Notice Poster and Description on the property of Teresa L. Fembaugh and Lynn Fernbaugh located at 308 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania according to law. 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: Teresa Fernbaugh by regular mail to P.O. Box 313 Mechanicsburg, Pennsylvania. This letter was mailed under the date of October 9, 2000 and never returned to the Sheriffs 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: Lynn Fernbaugh by regular mail to his last known address 108 East Simpson Street, Mechanicsburg, Pennsylvania. This letter was mailed under the date of October 17,2000 and never returned to the Sheriffs 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 above described premises at public venue or outcry at Court House, Carlisle, Cumberland County, Pennsylvania on December 6, 2000 and sold the same for the sum of $ 1.00 to Attorney Dale Shughart for Secretary of Veterans Affairs, An Office Of the United States Of America. It being the highest bid and best price quoted for the same Secretary of Veterans Affairs, An Office of the United States Of America, of Varo Cleveland (MDP 262 PHI), P.O. Box 99640, Cleveland Ohio being the buyer in this execution paid to R. Thomas Kline the sum of $ 848.97 it being costs. Sheriffs Costs Docketing 30.00 Poundage 16.65 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer County Mileage Certified Mail Levy Surcharge Law Journal Patriot News Distribution of Proceeds Share of Bills Sheriffs Deed Sworn And Subscribed To Before Me This-ZL°= Day of_ A.D.?au« Ci' Jyk?2?iYr?'? Prothdnotary 10.00 1.00 12.40 7.02 15.00 30.00 339.80 252.45 25.00 23.15 26.50 $ 848.97 Pd By Atty 01/08/01 ?s jvsr.K ?..?+.?'?F R. Thomas Kline, Sheriff By Real Estate Deputy 0) WP 3° ?v ?J 1 ' Ck?', /U G S n ?. /CG I is Cendant Mortgage Corporation, Vk/a PHH Mortgage Services V. Teresa L. Fernbaugh Lynn P. Fernbaugh Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-4456 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) %-enuant rylortgage Corporation f/k/a PHH Mortgage Services, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 308 East Main Street, Mechanicsburg, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): 2. 3 NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Teresa L. Fernbaugh P.O. Box 313 Mechanicsburg, PA 17055 19 Oakwood Avenue Lynn P. Fernbaugh Mechanicsburg, PA 17055 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None i 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 308 East Main Street Mechanicsburg, PA 17055 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. September 6, 2000 R? DATE F K FE ERM N, ESt?UIRE Attorney for Plaintiff Cendant Mortgage Corporation, Vk/a PHH Mortgage Services Plaintiff, V. Teresa L. Fernbaugh Lynn P. Fernbaugh Defendant(s). TO: Teresa L. Fernbaugh Giant Foods 5301 Simpson Ferry Road Mechanicsburg. PA 1705` CUMBERLAND COUNTY No. 99-4456 Civil Term September 6, 2000 Lynn P. Fernbaugh 19 Oakwood Avenue Mechanicburg, PA 17055 P.O. Box 313 Mechanicsburg, PA 17055 "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 308 East Main Street. Mechanicsbur PA 17055, is scheduled to be sold at the Sheriffs Sale on December 6, 2000 at 10:00 a.m. in the Cumberland County Courhtouse , South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by Cendant Mortgage Corporation, f/k/a PHH Mortgage Services (the mortgagee) against you. If the Sheriffs sale is postponed, the property will be relisted for the March 7, 2001 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To f ind out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by tiling 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.) 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN house and lot of ground situate on the South Side of East Main Street, in the Second Ward of the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described according to survey of John C. Brilhart, Registered Surveyor, dated December 5, 1966, as follows, to wit: BEGINNING at a point on the curb line of East Main Street, at corner of lot now of Boyd Fortney and wife, which said point is referenced as North 73 degrees 45 minutes East a distance of one hundred twenty-two and one-tenth (123.1) feet from the center line of South Walnut Street as measured along said curb line; thence extending along said curb line of East Main Street North 73 degrees 45 minutes East, twenty-four (24) feet to a point at corner of lot formerly of Hummell heirs, now of Elizabeth G. Shelly thence along the line of said lot now of Elizabeth G. Shelly, South 17 degrees 15 minutes East, one hundred sixty and eighty one-hundredths (160.80) feet to an iron pin in the northern line of Stouffer Alley; thence along said line of Stouffer Alley, South 72 degrees 45 minutes West, twenty-four (24) feet to a fence post at corner of lot of Boyd Fortney and wife aforesaid; thence along the line of said lot of Boyd Fortney and wife North 17 degrees 15 minutes West, one hundred sixty and eighty one-hundredths (160.80) feet to a point in the southern curb line of East Main Street, aforesaid, at the point and place of BEGINNING. HAVING THEREON ERECTED a brick dwelling and concrete block garage known and as 308 East Main Street, Mechanicsburgh, Pennsylvania. Tax Parcel #17-23-0565-238 TITLE TO SAID PREMISES IS VESTED IN Lynn P. Fernbaugh and Teresa L. Fernbaugh, his wife by Deed from Wayne E. Reichel and Helen E. Reichel, his wife dated 4/21i97 recorded 4/24/97 in Deed Book 156 Page 381. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-4456 CIVILM COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Cendant Mortgage Corporation f/k/a PHH Mortgage Services PLAINTIFF(S) from Teresa L. Fernbaugh and Lynn P. Fernbaugh (1) You are directed to levy upon the property of the defendant(s) and to sell see legal description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defenda%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 hinvherthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $132,043.36 L. L. Interest from 2/s/on-12/6/00 $6.990.39 and Co 966e Prothy, Ally's Com?her diem $22.77) % Other Costs Ally Paid $928.02 Plaintiff Paid Date: September 11, 2000 REQUESTING PARTY: Name Frank Federman. Esq. Address: Two Penn Center Plaza. Suite 900 Philadelphia. PA 19102 Attorneyfor: Plaintiff Telephone: (215) 563-70oo 00 r,rt;g a rung, Prothonotary, Civil Division byv 4(1C Deputy Supreme Court ID No. 1224A REAL ESTATE SALE No. /-/e ,'' " /8"? the snentt levied upon the defendant, intergS1 in the real nrnoPrty situated in Cumberland Counn ?nd numbered as:,4, 110 ino more rui;, jescribed on Exhibit "A" flied with (his writ and by this reference incorporated herein. `ate - y By: 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 James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager 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 jhg Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Markel Street, 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 31st day of October and the 7th and 14th day(s) of November 2000. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said ompany and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin In Miscellaneous Book "M", Volume 14, Page 317. ?? PUBLICATION ...............................c... i.......................................................... COPY s 1st day of ecember 000 A.D. NoUAeI Seal S A L E S40 Terry L. Russell, Notary Publl Hanleburg, Dauphin Count My Commisslon Expires June 6. 2 ARY PUBLIC s it liffrE;?pp?? N0./0 , Member, PannsyNSnie Assoclalbn of Notaries NO } =,?Nx1ba,.,-, My commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 250.95 Probating same Notary Fee(s) $ 1.50 Total $ 252.45 Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general 3 receipt of the aforesaid notice and publication costs and certifies that the same have By ........................... ¢es 45 minutes a ftrx ost at 1.19 %its a brkk l IS VESTED IN a L Fembaugh! PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 27, NOVEMBER 3, 10, 2000 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 BALL NO. 40 Writ No. 1999-4456 Civil Cendant Mortgage Corporation. f/k/a PHH Mortgage Services vs. Teresa L. Fembaugh and Lynn P. Fernbaugh Atly: Frank Federman DESCRIPTION ALL THAT CERTAIN house and lot of ground situate on the South Side of East Main Street. In the Sec- ond Ward of the Borough of Mechan- icsburg. County of Cumberland and State of Pennsylvania, more particu- larly bounded and described ac- cording to survey of John C. Bril- hart. Registered Surveyor. dated December 5. 1966, as follows. to wl l: BEGINNING at a point on the curb line of Fast Main Street, at corner of lot now of Boyd Fortncy and wife, which said point is refer- enced as North 72 degrees 45 min- utes East a distance of one hun- dred twenty-two and one-tenth (122.1) feet from the center line of South Walnut Street as measured along said curb line: thence extend- ing along said curb line of East Main Street North 72 degrees 45 minutes East, twenty-four (24) feet to a point at comer of lot formerly of Hummcll heirs. now of Elizabeth G. Shelly thence along the line of said lot now of Elizabeth G. Shelly. South 17 degrees 15 minutes East, one hun- dred sixty and eighty one-hun- dredths (160.80) feet to an iron pin In the northern line of Stouffer Al- ley: thence along said line of Stouffer Alley, South 72 degrees 45 minutes West. twenty-four (24) feet to a fence post at corner of lot of Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 10 dayof NOVEMBER. 2000 NOTARInt 5EAl L045 E. SNYDER, Notary Public CarWe Eoro, Cumberland County, PA My Co nmiuion Exposw March 5. 2001 (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, 2000 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. 40 Writ No. 1999-4456 Civil Cendant Mortgage Corporation, f/k/a PHH Mortgage Services VS. Teresa L. Fembaugh and Lynn P. Fembaugh Arty: Frank Federman DESCRIPTION ALL THAT CERTAIN house and lot of ground situate on the South Side of East Main Street, in the Sec- ond Ward of the Borough of Mechan. Icsburg. County of Cumberland and State of Pennsylvania, more particu- larly bounded and described ac- cording to survey of John C. Bnl- hart, Registered Surveyor, dated December S. 1966, as follows, to wit: BEGINNING at a point on the curb line of East Main Street, at comer of lot now of Boyd Fortncy and wife, which said point is refer- enced as North 72 degrees 45 mm- utes East a distance of one hun. dred twenty-two and one-tenth (122.1) feet from the center line of South Walnut Street as measured along said curb line; thence extend- ing along said curb line of East Main Street North 72 degrees 45 minutes East, twenty-four (24) feet to a point at comer of lot formerly of Hummell heirs, now of Elizabeth G. Shelly thence along the line of said lot now of Elizabeth G. Shelly. South 17 degrees 15 minutes East. one hun- dred sixty and eighty one-hun- dredths (160.80) feet to an iron pin in the northern line of Stouffer Al- ley; thence along said line of Stouffer Alley, South 72 degrees 45 minutes West. twenty-four (24) feet to a fence post at corner of lot of Boyd Fortney and wife aforesaid; thence along the line of said lot of Boyd Fortney and wife North 17 degrees 15 minutes West, one hun- dred sixty and eighty one-hun- dredths (160.80) feet to a point in the southern curb line of East Main Street, aforesaid, at the point and place of BEGINNING. HAVING THEREON ERECTED a brick dwelling and concrete block garage known and as 308 East Main Street, Mechanicsburg, Pennsylva- nia. Book 156 Page 381. "T Tax Parcel #17.23.0565-238. TITLE TO SAID PREMISES IS VESTED IN Lynn P. Fembaugh and Teresa L. Fembaugh, his wife by Deed from Wayne E. Retchel and Helen E. Retchel. his wife dated 41 21/97 recorded 4/24/97 in Deed Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 10 dayof NOVEMBER. 2000 I NOTARIAL SE.,L LOTS E. SNYDER, Notary Public CarlWe Som, Cumbwland Count', PA My Commis4w Eapins March S, 2001 FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 1215) 563-7000 CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES 6000 ATRIUM WAY MOUNT LAUREL, NJ 08054 V. Plaintiff TERESA L. FERNBAUGH LYNN P. FERNBAUGH 19 OAKWOOD AVENUE MECHANICSBURG, PA 17055 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. qq_ 445 Co CLuS Twm CUMBERLAND COUNTY CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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 I . Plaintiff is CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES 6000 ATRIUM WAY MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are TERESA L. FERNBAUGH LYNN P. FERNBAUGH 19 OAKWOOD AVENUE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 4/21/97 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MEMBERS FIRST FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1376, Page 1039. By Assignment of Mortgage dated 4/21/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 545, Page 899. 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 2/1/99 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 $121,100.06 Interest 3,996.36 1/1/99 through 6/1/99 (Per Diem $26.12) Attorney's Fees 6,055.00 Cumulative Late Charges 291.02 4/20/97 to 6/1/99 Cost of Suit and Title Search 550.00 Subtotal 131,992.44 Escrow Credit 0.00 Deficit 50.92 Subtotal 50.92 TOTAL $132,043.36 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 91 of 1983 because the mortgaged premises is not the principal residence of the defendant(s). 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $132,043.36, together with interest from 6/1/99 at the rate of $26.12 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. ; /; /s/ Frank Federman FRANK F'EDERMAN, ESQUIRE Attorney for Plaintiff ALLTHAT CERTAIN house and lot of ground situnte uA the South Side ut' L'nst Maht 31111eet, in the Second Ward ofdic Borough ofMechanicsbprg, County ofCurnherlarld and State of Pennsylvanin, more particularly baundmi and described according to survey ul' 17ohn C. Brilhart. Registered Surveyor, dated December 5, 1966, as follows, to twit: GINNING at a point on the curb line of Last Main Street, at corner or lot now or yd Fortney and wife, which said point is referenced as North 72 degrees 45 minutes ter & distance of one hundred twenty-two and one-tench (122. 1) rcet from the uenter line SO'uth Walnut Street as measured along said curb line; thence extending Along said eurh of East Main Street, North 72 degrees 45 minutes East, twenty-Four (24) feet to a nit at corner of lot formerly of Hummel heirs, now of Elizahuth C.I. Shelly; thence along Me of said lot now of Elizabeth G. Shelly, South 17 degrees 15 tninules East, one dred sixty and eighty one-hundrodthp (160,80) feet to an iron pin in the nolthetrt lice Stouffer Alloy; thence along said line or Stoulrer Alloy, South 72 degrees 45 utinutcs at, twenty-four (24) feet to a fOPCC post at corner or lot of Boyd Fortney and wire, resaid; thence along the line or said lot of Boyd Fortney and wire, North 17 dcarees 15 kites Weal, one hundred sixty and eighty one-hundredths (160.80) feet to a point in the them curb Ilue ofCnat Malo Street, wforosaid, at the point and place ofDGCiINNING. IIAVING TIIEREON R-RLCTED a Mick dwclling and cutterete block garage known and as 30A East Main Street, Mechanicsburg, Penttsylvanin. VERIFICATION MARC HINKLE hereby states that he/she is VICE-PRESIDENT of CENDANT MORTGAGE SERVICES mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/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: _7171q? c ' In Cn "? CX C6 U? 1A J OOOL•£99(W) dO16l `dd'el4d!aPel!4d ezeld 10WOO uuad OMl 006 OPS NV13Hd ONV Nvyyu3O3i SHERIFF'S RETURN - REGULAR CASE NO: 1999-04456 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION VS. FERNBAUGH TERESA L SHANNON SUNDAY Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FERNBAUGH TERESA L the defendant, at 10:50 HOURS, on the 9th day of August 1999 at GIANT FOODS 5301 SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to TERESA FERNBAUGH a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers- 01 Docketing 18.00 Service 6.20 Affidavit .00 Surcharge 8.00 R. Thomas ine, 5 eri r $32.2u FFEDERMAN 08/10/1999 by bk ?- 1 V C(NLAtOYI epu y 5 eri Sworn and subscribed to before me this )0? day of 19 q q A.D. +h 71? ?A row ono ar? SHERIFF'S RETURN - REGULAR CASE NO: 1999-04456 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION VS. FERNBAUGH TERESA L SHANNON SUNDAY Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FERNABUGH LYNN P the defendant, at 10:51 HOURS, on the 2nd day of August 1999 at 19 OAKWOOD AVENUE MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to LYNN P. FERNBAUGH a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs; So answers: Docketing 6.00 Service 6.20 s? Affidavit .00 Surcharge 8.00 . I om? duRI RIMle, Sheriff $2u . 2 u F K FEDERMAN 08 10/1999 by P? .YUIIL n Mihfl ?. I0.[.le epu y ?eri Sworn and subscribed to before me this 16 V? day of 19 Q1 A.D. r ono ar FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Two Penn Center Plaza - Suite 900 Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff Cendant Mortgage Corporation f/k/a PHH Mortgage Services 6000 Atrium Way Mount Laurel, NJ 08054 Plaintiff VS. Teresa L. Fernbaugh Giant Foods 5301 Simpson Ferry Road Mechanicsburg, PA 17055 Lynn P. Fernbaugh 19 Oakwood Avenue Mechanicsburg, PA 17055 Defendant(s) : Cumberland COUNTY :COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 99-4456 Civil Term PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TOTHEPROTHONOTARY: Kindly enterjudgment in favor of the Plaintiff and against Teresa L. Fernbaugh and Lynn P. Fernbaugh, Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest 6/1/99 to 2/03/00 TOTAL $132,043.36 $6,477.76 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, cop attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: L)eTz) if, g PRO PRtTHY •• THIS FIRNI IS A DEBT COLLECTOR A7TEMPrING TO ('OLLE(T A DEBTAND ANY INFORMATION' OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PRFVIODSLY RECEIVED A DISCHARGE IN [IAN I(Rt ru Y AND 7'1115 DEBTWAS NOT REAFFIRM ED. TI11S CORRESPON'DENC'E IS NO'r ANI) SIIOUI.D NOl' IIE ('ONS'rRUF.D TO BE AN ,UTF.Jtl.T l'O COLLECT A DEBT. BUT ONLY F.NFOR('F.,NIENT OF A I.I EN AI:,UNS'r l'ROI'ERTY. •• r? v: t' r ?'' i ? ? -- Ci t i? i - r::. . - ;?? i? ."_ i? ,? , c.: iJ FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES Plaintiff VS. TERESA L. FERNBAUGH LYNN P. FERNBAUGH Defendant (s) TO: LYNN P. FERNBAUGH 19 OAKWOOD AVENUE MECHANICSBURG, PA 17055 DATE OF NOTICE: AUGUST 31, 1999 ATTORNEY FOR PLAINTIFF . COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY . NO. 99-4456CIVIL FILE COPY 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 t) 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 FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION, COURT OF COMMON PLEAS F/K/A PHH MORTGAGE SERVICES Plaintiff . CIVIL DIVISION . CUMBERLAND COUNTY Vs. TERESA L. FERNBAUGH LYNN P. FERNBAUGH Defendant(s) TO: TERESA L. FERNBAUGH GIANT FOODS 5301 SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 DATE OF NOTICE: AUGUST 31, 1999 FILE COPY 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 . NO. 99-4456CIVIL BAR ASSOCIATION Frank Federman, Esquire Attorney for Plaintiff SHERIFF'S RETURN - R'aJ[J:.AF. CASE NO: 1999-04456 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION FILE COPY VS. FERNBAUGi TERESA L SHANNON SUNDAY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FERNABUGH LYNN P the defendant, at 10:51 HOURS, on the 2nd day of August 1999 at 19 OAKWOOD AVENUE MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to LYNN P. FERNBAUGH a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 6.00 Service 6.20 Affidavit .00 7 x„111 Surcharge 8.00 .M. I'nomas rir`i, 5 erg $-0-.,!u FRANK FEDER/IMAN by .yl?l¢, r.. . -t'L / t I ( •n.! 94te e u y neri Sworn and subscribed to before me this day of 19 A. D. erotnonorary CASE NO: 1999-04456 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION FILE COPY VS. FERNBAUGH TERESA L SHANNON SUNDAY Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FERNBAUGH TERESA L the defendant, at 10:50 HOURS, on the 9th day of August 1999 at GIANT FOODS 5301 SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to TERESA FERNBAUGH a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18 00 So answers: Service . 6.20 Affidavit 00 ?c Surcharge 8.00 s . i $32.2u- RMAN 19 08 1 0/ 99 by ? ? Sworn and subscribed to before me this day of 19 A.D. o ry FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 _ Attorney for Plaintiff Cendant Mortgage Corporation f/k/a :Cumberland COUNTY P}IH Mortgage Services Plaintiff : Court of Common Pleas CIVIL DIVISION VS. :NO. 99-4456 Civil Term Teresa L. Fernbaugh Lynn P. Fernbaugh 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 of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended (b) that defendant Teresa L. Fernbaugh is over 18 years of age and resides at Giant Foods 5301 Simpson Ferry Road, Mechanicsburg, PA 17055. (c) that defendant Lynn P. Fernbaugh is over 18 years of age, and resides at 19 Oakwood Avenue, Mechanicsburg, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ?..cJ?/-f cSL-? FRANK FEDERMAN Attorney for Plaintiff (Rule of Civil Procedure No. 236 - Revised) Cendant Mortgage Corporation Uk/a PHH Mortgage Services Plaintiff VS. Teresa L. Fernbaugh Lynn P. Fernbaugh Cumberland COUNTY Court of Common Pleas CIVIL DIVISION :NO. 994456 Civil Term Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on February q 2000. By-ate--? +. DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN ESQUIRE Attorney for Filing Party SUITE 900 TWO PENN CENTER PLAZA PHILADELPHIA. PA 19102 (215)563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND 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. ** r te i' lr ?- C':