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HomeMy WebLinkAbout03-3880 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id, No. 12248 LAWRENCE T. PHELAN, ESQ" Id, No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO.oJ - 3//6 (!,~'\CT~ v. CUMBERLAND COUNTY CHRISTOPHER L. SANDERSON AJK/A CHRISTOPHE SANDERSELL 464 WOLFS BRUDGE ROAD CARLISLE, P A 17013 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY, " You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNfY CUMBERLAND COUNfY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File #: 77855 File #: 77855 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CENDANT MORTGAGE CORPORATION ) CIVIL ACTION ) vs, ) CIVIL DIVISION CHRISTOPHER 1. SANDERSON, AIKIA) NO. 03-3880 CHRISTOPHE SANDERSELL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for CENDANT MORTGAGE CORPORATION hereby verify that on 4/1105 true and correct copies of the Notice of Sheriff s sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto, DATE: August 4. 2005 ~~ DANIEL G, SCHMIE Attorney for Plaintiff IRE O:NDANT MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v, COURT OF COMMON PlY" CHRISTOPHER L. SANDERSON, AlKJA CHRISTOPHE SANDERSELL CIVIL DIVISION NO. 03-3880 Defendant(s), AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) CENDANT MORTGAGE CORPORATION, Plaintiff in the above action, by its aU" .( J'~L G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ ofExecutj"" , le following information concerning the real property located at .464 WOLFS BRIDGE E.. .1. CARLISLE. P A 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cantl" ", reasonably ascertained, please indicate, CHRISTOPHER L. SANDERSON, A/KJA CHRISTOPHE SANDERSELL 464 WOLFS BRIDGE ROAD CARLISLE, PA 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is an"'" property to be sold: 'I Name Last Known Address (if address c,' reasonably ascertained, please ind None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannei he reasonably ascertained, please indicate I None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address canni" i". reasonably ascertained, please indicate' None 6. Name and address of every other person who has any record interest in the property 3n' i ,J 'se interest may be affected by the sale, Name Last Known Address (if address cann, l -, reasonably ascertained, please indicate '; None 7. Name and address of every other person of whom the plaintiff has knowledge who hai' ..,. 'lterest in the property which may be affected by the sale: Name Last Known Address (if address canll(' reasonably ascertained, please indicat{) Tenant/Occupant 464 WOLFS BRIDGE ROAD CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the bes1 knowledge or information and belief. I understand that false statements herein are ml" penalties ofl8 Pa. C.S. Sec, 4904 relating to unsworn falsification to authorities. lal .llC March 29. 2005 DATE r/2 1/ k DANIEL G. SCHMIEG, ESQ~ Attorney for Plaintiff .,,-1 ~R ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .:1 ~~ 3!s., \ ..,. '" r- N .... ~ ". -e-. % z c: 3 ~ ~'t.if ",0.3 I'> '" '" So ~ ~ ~ 0. -0_0-0 .-l (J Cl "Z ~~~~ " ",-I ~ ~ ~ % % '!IR ",-'-or 1l. p.~~ q ~ ~ l-g. ~ ~ ':i ~ ~ !1; ~~ .... ~. -n 0 ~ ~ ?, ~ (J \ " ' '" ~g., '$ ~?;~ r ~';I'. ~ ~ ~ '" l'<~ ~ ! ~\~% r' ~ " _ Cfl~ - " e g. </l g ~ .. ~ .-l ." ~~a.~ " ~ i "" ffl ~~~ ~ ~ g ~ 'e, ~ ~ ,. "de;r.t:~ ",,,, ~ ~ ffl ~ % ?- ;. \ gg ~ 1~ '" '" 0 </l ,",,,,,, ~ ~ . '" !!i o:l ~ .-l ~' '" ~ -t'O Cl " . ~ :J> ~ a";. r 9- ~ @ g ~ g r ~ 9- ~ "" (J "'" ~ ~ ~ ~ i ~ 9 ~. ~ S' W, (J ;<- ~ :J> .... </l ~ .-l '" ~ g z i':';~~~ </l ~ g-""'1\" ~ ~ ~ .~~~\\ .-l ~ "" :ll ~g" :J> '" ~ tl\- - t;:: .... ~ .lH ~ ~~~;g 0 .... ~ _...~';9., '" "" ~\~\t \ 0 ~ ~% g"' ~ o:l ....~ g.~' ~ ~ 1,- ~ ~ g.'O ~2, ~... \.-~ ~ m 1l.W< ~t. \-i ~.... ~ 0 i-l rl ~&~ ~ Y' i ,,,,' ~- \ (J .'~~\\ ~ ~\ ~ f;l a . \1C. , </l ~a\l.;" ~ ~ tV\" "" % -' - ' ;> :J> ~:z%'6' "" .... --> ~" \~ :J> 0 ?-~ ~ ~ i: -" g. 1\ ~ t;-?rosr~ %go.. o"'~ g ill · '. {t ~;;."'!-,"- -!- ~ ':C. \!>i \~\l :.; ~f'\'t,"f'(~S . 00 02 \1< $ 00.9 1i\~.\ 0004~00~ 11 WR 0\ 2005 lt~Wt Mi'It.EOfROM ZIPCOOIO \ 9\ O~ ~\g~ .,:: g" ~ · 1," i~"l ~ ?l'9: ~ q. <1 ~ Q ~. ~ f\'\~ "&t;~:.. ~ ~~ C. ...P ~~\ .~... '2~ ?( ~ 15. ~ (--( ..- -~ c..-,.,t.. ,-- -v ~~ % :l 1. Plaintiff is CENDANT MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: CHRISTOPHER L. SANDERSON AlK/A CHRISTOPHE SANDERSELL 464 WOLFS BRUDGE ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 04/01/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1754, Page 2174. 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 02/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 77855 6. The following amounts are due on the mortgage: Principal Balance Interest 01/0 1/2003 through 08/08/2003 (Per Diem $13.74) Attomey's Fees Cumulative Late Charges 04/01/2002 to 08/08/2003 Cost of Suit and Title Search Subtotal $65,936.48 3,022.80 1,250.00 139.26 $ 550.00 $ 70,898.54 Escrow Credit Deficit Subtotal 0.00 91.29 $ 91.29 TOTAL $ 70,989.83 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rmn Judgment against the Defendant( s) in the sum of $ 70,989.83, together with interest from 08/08/2003 at the rate of$13.74 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. FEDERM^:J:ND PHELS' t!IvIf-:- By: /s/Fr~llinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #; 77855 ALL THAT CERTAIN tract of land situa: . th . . and State o( Pennsylvania, bounded an~ ~~:::%hoo~~dd1esex, County of Cumb~d 0%1 the north by the J:ublli:: road !eArlln froIn th Carlisl . . (or a distance of 220 Iem, More or !ess.gon th e t by ~d ;,arlisle Spnngs Road to Middlesex, now or formerly ofLel-oy R Rohrer fi' dis e eas onnedyof JOM P. Shughart and land now or formerlv ':lfth; W"- 'w' or a ..~ of 525 feet, More or less; on the south by distan " ....on ~ ........te Paul 0 Sunday and FTed ....-""--.. ., .ce of 403 feet, rtlore or less; and on the ~t by ~d fi erIy ""............, Jar a WIfe, and now or formerly of Fred Gilliard. onn of John E. Heftlefinger and CONTAINING 1.5 acre's, m.ore or less. 'BEING improved with a 2-1/2 swry franle house, garage and other outbuildings, known and numbered as 464 Wplfs Bridge Road, Carlisle, Pennsylvania. BEING TIm SAME f'REMlSES which Calvin li:. Killinga' and Pauline Killinger, his Wife. by Deed dated and reec:~ed NovemlJer 10, 1949 In the Oftioeofthe Recorder of~ in W1d fot cumberland County., Pennsylvania, In Oeed Book G, Volume 14, Page 4$6, granted. and conveyed unto RiclulI'd J. 111.ununa and Leora. M. 111.'WllTlA, his wife. The said Leora M. 'lbn...lTla died September 12, 2000, thereby vesting sole title unto Richard J.11I,,"""'A, widO\lllel'. Grantor iu:rein. 111.e said Richard J. 111"......... by a Power of Attotney dated september 5, 2001, did appoint Lester R. Tb,........".. 8S his Agent. Said POwer of AttorneY is intended to be recorded contemporaneously herewith. . PREMISES ON: 464 WOLFS BRUDGE ROAD VERIFICATION MARC 1. HINKLE hereby states that he is V.P. ofCENDANT MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best ofhis 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. }/;M l/U DATE: 5/.1f) 3' 7C' (:) ~ ll71Vl --- )J d ~ 11 cI} --0 ..0 r- ~rJ- to. '_, C~ '_,.. ) _.~ ' D.~ ~~;' ~~: -' ~: - ...,_'!<:-.< 'T\ -,', g SHERIFF'S RETURN - REGULAR CASE NO: 2003-03880 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION VS SANDERSON CHRISTOPHER L A/K/A GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SANDERSON CHRISTOPHER L A/K/A CHRISTOPHE SANDERSELL the DEFENDANT , at 2035:00 HOURS, on the 22nd day of August , 2003 at 464 WOLFS BRIDGE ROAD CARLISLE, PA 17013 by handing to SEAN SANDERSON, ADULT BROTHER OF DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answe~~#--, 18.00 3.45 .00 10.00 .00 31.45 R. Thomas Kline 08/25/2003 FEDERMAN AND PHELAN Sworn and Subscribed to before day of BY:~l~d?~;~ Deputy'S~iff h. '7!!:- me t ~s 0< o.~.<A.f- .) OlJ.!> A. D . c.<..- (2 /vuHI<..' ~ rothonotary , FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 03-3880 CHRISTOPHER L. SANDERSON AlK/A CHRlSTOPHESANDERSELL Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor ofthe Plaintiff and against CHRISTOPHER L. SANDERSON AlK/A CHRISTOPHE SANDERSELL, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 8/9/03-9/29/03 to 9/30/03 TOTAL $70,989.83 $714.48 $71,704.31 I hereby certify that (I) the addresses ofthe Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ,~j\ 51 k.~-1tu rrt ~ JL FRANK FEDERMAN, ESQUrnE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT}.p. ~ DATE: _ Q...+ _:if) ~ { )A/J~ } ~ r' I PRO PROTHY FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ.. Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (7 I ';) ';63-7000 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION Plaintilf : COURT OF COMMON PLEAS : CUMBERLAND COUNTY .tt COP)' : CIVIL DIVISION Vs. CHRISTOPHER L. SANDERSON, AlKJA CHRISTOPHE SANDERSELL Defendants : NO. 03-3880 TO: CHRISTOPHER L. SANDERSON, AlK/A CHRISTOPHE SANDERSELL 464 WOLFS BRUDGE ROAD CARLISLE, PA 17013 DATE OF NOTICE: f;F:pn:MRF:R 12,2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY A HORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 ~, -l ~&1Lf / ~ J!/POM1tUY! FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attomeys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2003-03880 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION VS SANDERSON CHRISTOPHER L A/K/A GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SANDERSON CHRISTOPHER L A/K/A CHRISTOPHE SANDERS ELL the DEFENDANT , at 2035:00 HOURS, on the 22nd day of August , 2003 at 464 WOLFS BRIDGE ROAD CARLISLE, PA 17013 by handing to SEAN SANDERSON, ADULT BROTHER OF DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.45 .00 10.00 .00 31.45 So Answers: ..-/?/ _ ~ r-~ -?...e- J R. Thomas Kline 08/25/2003 FEDERMAN AND PHELAN Sworn and Subscribed to before day of BY~/J~~ Deputy S~iff me this A.D. Prothonotary t (:) ~ (') (~ (C.l c ' ' .=, :-::'" .~. " If:. ~ vlT. "f) 8 ~u' q -u '..,,) ~ - ~ -<" c=.. ~ l...J ~.~ .:~~ C:"l - .. r"7(.'" ~ JJ () -.c .- -r~ :;;:c: cs (") ~ '" ;T'. 2: lU ~~ =? " - 0) "_:J ~ '\ < FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SillTE 1400 PffiLADELPffiA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION 4001 LEADENHALL ROAD CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 03-3880 CHRISTOPHER L. SANDERSON AlK/A CHRISTOPHE SANDERSELL 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 CHRISTOPHER L. SANDERSON AlKJA CHRISTOPHE SANDERS ELL is over 18 years of age and resides at, 464 WOLFS BRIDGE ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. fJJL FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~ nLlr:.ti [!'1 fT' ~S ~:".,.. <l... ~C .-C Pc" ?~; :<: C:l W :.n ""l .-~., (,-) C.::: 9 .. ~? '.J (J:; ~ ~ Request for Military Status Page I of 1 Department of Defense M~mpower Data Center SEP-29-200306:21:44 _ Military Status Report .. Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940 <Last Name First Middle Begin Date I Active Duty Status I Service/Agency SANDERSON CHRISTOPHER L Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. ~( Kenneth C. Scheflen, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please send an e-mail tosscra.helpdesk@osd.pentagon.mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https://www.dmdc.osd.mil/udpdri/owa/sscra.prc_Select 9/29/2003 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CENDANT MORTGAGE CORPORATION Plaintiff, v. No. 03-3880 CHRISTOPHERL. SANDERSON AlK/A CHRISTOPHE SANDERSELL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $71,704.31 Interest from 9/30103 to MARCH 3, 2004 (per diem -$11.79) $1,839.24 and Costs TOTAL $73,543.55 ~~r1o~. FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. '", ...:$ o~ "'> <..< r"'l;>< ..<'" ~Z Zz Or"'l :g~ :g . oi: UZ ...;:1 00 E-oU ~Q ;:I~ 8sa r"'lr"'l === E-o:g Z;:I ...u :;r.: Of..::: Z o ... E-o ~ o ~ o U r"'l 1.:1 .,; < ... 1.:1 ~ o :g E-o ~ Q Z r"'l U , '" - 0 ..... - ..< -< ..< ~ r"'l >oS ~ ..< r"'l '" Q ... Z sa < -< '" U r"'l Z == 0 ~ ~ ... E-o 0 ;:I 0 E-o U ~ --d '" r"'l~ r"'l " ~ ~ ~ it:: 1.:1 t " == r"'l = ~.'@ Q '" '" U ... Q 0'- ~ " ~ O<:l CO ~ " "E'~ = ;>, E-o .. '" CO < ~~ 0<8 ... a ..< '" ~~ )s .... Z 0 " 0 ~~ ie ~ go ~ ~'g ~~ 0- ..". " d< \C .... r"'l r"'le ..". " Q ~ ~ ~ ... '" u '" '" ~ 41 " "" .... J "" " "" - ~ ~ ~ -< r"'l == ~ 0 E-o '" ~ == u ~ ,..; j -:S S: ~ ~ ~ ~ ~ ~ B ~ ........ -.J 1 1l- J ~~ d C:l fJ ':. ~ ~ ~J ~ ~ ~ 8 t.:l ~ ~ \) t..j~~ov, .;;. ~ ti 0:. r) - J........ ALL THAT CERTAIN lIa<.t oflantl situate in UIe Township of Mi<IdIesex. County of Cumberland and Slate nf Pen""ylv"nia, hounded ,,00 d=ribedas follows, ON Ibe Norlll by tbe publie road le"ding from tbe Caflisle.('..arliale Springs Road 10 Middlesex, for a diSlance of Z20 feet, more o! Jess; on the East by lantl fonnedy of John P. Shughart antl now or formerly of Leroy R. Rohrer, fur a distllllCe of '25 feel, more or less; on t.Illl South by land now or formerly of lhe Wiliron Weary Blare, PaulO. SWlday and Pre<l Gilliard, for a dislanceof 403 feel. roore or less; and on t.Illl WC$! by land formetly of JC>lIn E. Hefl1eOnger aDd Wife and now or formerly of Fred Gilliard. CONTAINING \.5 acres, more or I..... HEING improved wid! a 2-112 story frame boos<:, garage and olber OUlbuildiOgll. known and numbered uS 46t Wolfs Bridge Road. Carlisle, l'etlO$lIlvanla. TilLE TO SAID PREMISES IS vpsrED IN Christopher L. Sanderson. S~an by Deed from Riclutrd J. Thumma, Widower by His Agenl Lesrer R. Thumma dated 4/112002 and recorded 4/412002 in Deed l:Iook 251, Page 565. TIP; Parcel #21,.14-0867..033 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-3880 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENDANT MORTGAGE CORPORATION, Plaintiff(s) From CHRISTOPHER L. SANDERSON AlK/A CHRISTOPHE SANDERSELL (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlber that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $71,704.31 L.L. $.50 Interest FROM 9/30/03 TO 3/3104 (PER DIEM - $11.79) - $1,839.24 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $113.45 Other Costs Plaintiff Paid Date: SEPTEMBER 30, 2003 CURTIS R. LONG (Seal) Prothonot~ ~ //..41'1-,..1 _Po Deputy '7fC'AMLJ REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400] PHILADELPHIA, PA 1913-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 FEDE~ANandPHELAN,LLP By: FRANK FEDE~AN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION CHRISTOPHERL. SANDERSON AfK!A CHRISTOPHESANDERSELL NO. 03-3880 Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ () 51..b... {o ct., A_~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Q c :s: -au.. lI'n ;t! (f);[ -<.-. r;.::\.... ~(~ "",'c.. ""'c Z .-4 -< c-:, c.... .~ V) "1"1 -'':J ';,.d (= ~:;;: : ~") S) '" SJ ,....,:) (~ 1=:,.. :D -< CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CHRISTOPHER L. SANDERSON A/KJA CHRISTOPHESANDERSELL CIVIL DIVISION NO. 03-3880 Defendant(s). AFFIDA VII PURSUANT TO RULE 3129 (Affidavit No.1) CENDANT MORTGAGE CORPORATION, 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.464 WOLFS BRIDGE ROAD, CARLISLE, PA 17013. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHRISTOPHER L. SANDERSON A/KJA CHRISTOPHESANDERSELL 464 WOLFS BRIDGE ROAD CARLISLE, PA 17013 2. Name and address ofDefendant(s) in the jUdgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the r, property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot Oc reasonably ascertained, please 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 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 indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest i the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 464 WOLFS BRIDGE ROAD CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my pel knowledge or information and belief. I understand that false statements herein are made subjec penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. September 29. 2003 DATE ~fi51k>~rl~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff (') c' <'" -)e~ n~r!": Z:r:. '/( :;-- ". .....n; -;:- . ~~ ~(") -( Pc .-"" ~ :;;! - c) (~:: C) "n ~-I) " '-' ~">) c: ; (~'; ,"'i, -I; ,~ ~~ ';"'\<0 ;::) .'V '0 :l; ~< CENDANT MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 03-3880 CHRISTOPHER L. SANDERSON AfK/A CHRISTOPHE SANDERSELL Defendant(s). September 29, 2003 TO: CHRISTOPHER L. SANDERSON A/K/A CHRISTOPHE SANDERSELL 464 WOLFS BRIDGE ROAD CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at, 464 WOLFS BRIDGE ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on MARCH 3, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $71.704.31 obtained by CENDANT MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. 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 ifthe 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 ofthe money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 AU. TRA l' CilllTAIN tract of land situate in Ole Township of Middlesex, County of Cumberland and Slale of Pe1ll1l1ylvania, bounded and des<ribed as fol1ow~: ON tile North b~ Ole publie r<>lllIleading from lhe eallislc-C.a.rlisle Springs Road to Middlesex, for a disllt.oce of 220 feel, more or Jess; on the East by land fonnerly of lohn P. Shughart and now or ful1lK'tly of Lero)' R. Rohrer, fur a distlmce of 525 feet, more or less; on u... Smull by land now or formerly of Ih. Wilson Weary Estate, PaulO. Sunday and Fred Gilliard. for a distance of 403 feet. IOOr. Ilr less; and on the West by lalld formerly of Joon E. Hefllefll\ller aDd Wife and now or formerly of Fred Gilliard. CONTAINING 1.5 acr.., more or less. 1lF.ING imprOVed willl a 2-1/2 story frame bOIl"', gmge and other OUlhuild.inlls, krwwn and numbered as 464 Wolfs Bridge Road, Carlisle. Pennsylvania. TITLE TO SAID PREMISES IS VflSTED lhl: Chrislopl1cr L. Sanderson, SingIeman hy Deed from Richard J. Tlmmma. Widower by His Agent Lester R. Thumma dared 411/2002 and recoraed 4/412002 in Deed Book 251. Page 565. TlIJI: Parcel #21..14.0861.033 (") c;; "'" ,,7; nOli -::>'-'. :?~ ~C_ :.;~ ~i~~ ~~~ -{ (..:::' (," (") "p :/') q -;:J ." C. ,!:-, "I", Ti :-) ; (-i"': ,:~ 'D u -< Cendant Mortgage Corporation VS Christopher L. Sanderson a/k/a Christophe Sandersell In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3880 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriffs Costs: Docketing Poundage Mileage Levy Surcharge Law Library Prothonotary 30.00 1.40 3.45 15.00 20.00 .50 1.00 $ 71.35 paid by attorney 11/20/03 Sworn and subscribed to before me Thiskdayof /~"- 2003, A.D.1/t, J.: '1tl~J-..~ tlrothonotary So Answers: ~~ -<:~ R. Thomas Kline, Sheriff ByJ(J~.~ Real-E6tate Deputy Jrl'~~, ~(VV.I..y+'b~ ] PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CENDANT MORTGAGE CORPORATION Plaintiff, v. No. 03-3880 CHRISTOPHER L. SANDERSON, ArKJA CHRISTOPHE SANDERSELL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY; Issue writ of execution in the above matter: Amount Due $71,704.31 Interest from to SEPTEMBER 9, 2005 (per diem -$] 1.79) $8,370.90 and Costs TOTAL $80,075.2] vQ /' ~FjJt; DANIEL G. SCHMIEG, IRE One Penn Center at Suburban Station 16]7 John F. Kennedy Boulevard, Suite ]400 Philadelphia, PA 19]03-]8]4 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 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LEGAL DESCRIPTION ALL THAT CERTAIN Irm;t of land situate in tile Township of Middlesex, County of Cumberland and State of Pcnmylvania, bounded and describOO liS follows; ON the North by tbe public road leading feom the Carlisle-Carlisle Springs Road 10 Middle.~x, for a distance of 220 feet, more or less; on the East by land formerly of John P. Shughart and now or formerly of Leroy R. Rohrer, fOT a distllnce of 525 feet, more or less; on lhe SOUtll by land now or formerly of the Wilson Weary Estate, PaulO. Sunday and Fred Gilliard, for a distance uf 403 feet, more or less; and on the West by land formerly of John E. Hefflefinger and Wife and now or formerly of Fred Gilliard. CONTAINING 1.5 acres. more or Jess, TITLE TO SAID PREMISES rs VESTED IN Christopher L. Sanderson, SingLeman by Deed from Richard J. Thumma, Widower by His Agent Lester R. Thumma dated 41112002 and recorded 4/412002 in Deed Book 251. Page 565. Tax Parcel #21-14-0867-033 PREMISES BEING: 464 WOLFS BRIDGE ROAD, CARLISLE, P A 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENDANT MORTGAGE CORPORATION, Plaintiff (s) From CHRISTOPHER L. SANDERSON, A/K/A CHRISTOPHE SANDERSELL (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL NO 03-3880 Civil CIVIL ACTION - LAW DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE{S) as follows: and to notify the garnishee{s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $71,704.31 L.L. Interest TO 9/9/05 (PER DIEM - $11.79) - $8,370.90 AND COSTS Atty's Corom % Due Prothy $1.00 Atty Paid $197.30 Other Costs Plaintiff Paid Date: MARCH 30, 2005 (Seal) CURTIS R. LONG prothono.l ~ / ,/? - ~: O/kC_' ~O(/7/rL-/ Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Gi+~ UNITED STATES BANKRUPTCY COURT ~I) JA MIDDLE DISTRICT OF PENNSYLVANIA . 7 fJ f l Christopher Leroy Sanderson ()OJ7tf1DQ[;{; IN RE: CHAPTER 13 CASE NO.: 1-03-bk-06673 Debtor(s) ORDER DISMISSING CASE NOW, at Harrisburg, in said District, Upon consideration ofTrustee's Certificate of Default (and hearing if appropriate), and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immedialelydue and payable to the U.S. Bankruptcy Court. BY THE COURT, ?1~~rfJ~ Date: March 4, 2005 This electronic order is signed and filed on the same date. /y~\ PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION CHRISTOPHER L. SANDERSON, NKJA CHRISTOPHE SANDERSELL NO. 03-3880 Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, 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 unsworn falsification to authorities. DANIEL G. SCHMIEG, ES Attorney for Plaintiff C? r-> Ci C::.:;l c~ -n l;.rl c ~ - ,., ~~-"" [11 :::zi P ~ <...> b C) () :~.. -j", -:1 , :-lJ :-;-~ () () ;-n .r;- ~...,.. :::? :]:1 0\ -.< CENDANT MORTGAGE CORPORATION , CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS CHRISTOPHER L. SANDERSON, AfK/ A CHRISTOPHE SANDERSELL CIVIL DIVISION NO. 03-3880 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) CENDANT MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 ,464 WOLFS BRIDGE ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHRISTOPHER L. SANDERSON, A/KJA CHRISTOPHE SANDERSELL 464 WOLFS BRIDGE ROAD CARLISLE, PA 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None -> 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 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 indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 464 WOLFS BRIDGE ROAD CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 29, 2005 DATE va ~k~ DANIEL G. SCHMIEG, ESQ~ Attorney for Plaintiff ?? <--' () c~ c::.:.) 4'1 " ...:J' --:l -"'" .-"" :1- ..,-\ ::D'''' tnp::- ~ ~Cr;1 0} :nY c' C"l-) ,.,-);,- -'C /'j:5J , __.i'"' ..~O - 'i:j((". r.. ~~.- - .,..t C','.. '/-,'- - ~:1? :2 cr. . . CENDANT MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 03-3880 CHRISTOPHER L. SANDERSON, AlKJA CHRISTOPHE SANDERSELL Defendant(s). March 29,2005 TO: CHRISTOPHER L. SANDERSON, A!KIA CHRISTOPHESANDERSELL 464 WOLFS BRIDGE ROAD CARLISLE, P A 17013 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTlNG TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at, 464 WOLFS BRIDGE ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 9, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $71,704.31 obtained by CENDANT MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. Ifthe 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 ifthe 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 , . LEGAL DESCRIPTION ALL THAT CERTAIN tral:l of land situate in Ule Township of Mi\J(/lesex, Counly of Cumberland and State of Pennsylvania, hounded and described as follows: ON the North by the public road leading Crom the Carlisle-Carlisle Springs Road to Middlesex, for a distance of 220 feet, more or less; on the East by land formerly of John P. Shughart and now or tormerly of Leroy R, Rohrer, for a distance of.52S feel, more or Jess; on the South by land llOW or fonnerly of the WiI:j[)JJ Weary Estale, PaulO. Sunday and Fred Gilliard, for a distance of 403 feet, more or less; and on the West by lalld formerly of John E. Hefflefinger and Wite and now or fonnerly of Fred Gilliard. CONTAINING 1.5 acres, mort or less. TITLE TO SAID PREMISES lS VESTED IN Christopher L. Sanderson, SingLeman by Deed from Richard J. Thumma, Widower by His Agent Lester R. Thumma dated 41112002 and recQrded 4/4/20021>> Deed Book 251, Page 565. Tax Parcel #21-14-0867'()33 PREMISES BEING: 464 WOLFS BRIDGE ROAD, CARLISLE, PA 17013 , :'"'1 --<. "" <_J C-:l o:'-~l o " .-\ ::L-n fllp -r,,?i:"l -')0 (;: t) '-, (~ ~~5 (jr-n :..t ~-,:j .< ::;: jr;J'" C'" (.0 o "D -0->" --"'" .1::- c~ PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney LD. No.: 62205 One Penn Center Plaza, Snite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CENDANT MORTGAGE CORPORATION Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION q:HRISTOPHER L. SANDERSON, A!KIA CI:HRISTOPHE SANDERSELL NO. 03-3880 CIVIL TERM Defendant MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, CHRISTOPHER L. SANDERSON, A/KIA CHRISTOPHE SANDERS ELL , by certified iInai] and regular mail to 464 WOLFS BRIDGE ROAD, CARLISLE, P A 17013, and in support thereof avers the following: 1. A Sheriffs Sale ofthe mortgaged property involved herein has been scheduled for SEPTEMBER 7, 2005. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant with the Notice of Sale have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to 464 WOLFS BRIDGE ROAD, CARLISLE, P A 17013 . PHELAN HALLINAN & SCHMIEG, LLP By: --I. - ... AFFIDAVIT OF SERVICE PLAINTIFF CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY KMD No. 03-3880 DEFENDANT(S) CHRISTOPHER L. SANDERSON, AIK/ A CHRffiTOPHESANDERSELL ACCT. #0017940966 SERVE CHRISTOPHER L. SANDERSON, AlK/A CHRISTOPHE SANDERSELL Type of Action - Notice of Sheriff's Sale AT 464 WOLFS BRIDGE ROAD CARLISLE, PA 17013 Sale Date: SEPTEMBER 9, 2005 SERVED Served!and made known to . Defendant, on the day of .200_, at . o'clock _,m., at . Commonwealth of Pen. sylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. , Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age_ Height_ Weight_ Race Sex Other !, a competent adult, being duly sworn according to law, depose and state that I personally handed a true nd correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the ad ress indicated above. S word to and subscribed beforei me this _ day of ,200_. Notary: By: ~LEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On tht d. day of tiC ,I , 200,S,"at 8:~ , o'clock f.m., Defendant NOT FOUND because: -----t Moved _ Unknown ~ No Answer Vacant 1" A~empt: I- / Ie? /05' Time: i: / 0 r~ 2nd Attempt: II II /ti-.?Time: ? :,f~ ;)lW\ 3rd~ttempt: 1- I/A/tX0rime:1 :/0, f....;jrfh A/fr~ff- ;J/1~0S- 8;;1.9 fWJ Swor to and subscribed It- befo . met iS~d~ of ,. 200":'. (!;k NOlao/:. . !:iY By: d; J Atto 'ne for Plaintiff 1- Dani ! G. Schmieg, Esquire. LD. o. 61105 NOTARIAL SEAL LUCII.I.E H. CARTY, =PubIc ~~Nov.1~ ~ SKN Data Research Inc. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: Attorney Firm: Subject: 14-1392 PHELAN HALLINAN & SCHMIEG, LLP Christopher L. Sanderson Current Address: 464 Wolfs Bridge Road Carlisle PA 17013 Property Address: 464 Wolfs Bridge Road Carlisle PA 170]3 Mailing Address: 464 Wolfs Bridge Road Carlisle PA 17013 I, Scott Nulty, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individnal(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct. Christopher L. Sanderson - 047-78-2652 B. EMPLOYMENT SEARCH Christopher L. Sanderson- A review of the credit reporting agencies provided no employment infonnation. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Christopher L. Sanderson reside(s) at: 464 Wolfs Bridge Road Carlisle PAl 70 13. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 4/27/2005 our office contacted directory assistance which indicated that Christopher L. Sanderson reside(s) at: 464 Wolfs Bridge Road Carlisle PA 17013. Our office made a telephone cal! to the mortgagor's phone number and received the following information: 717-796-7503; busy. III. INQUIRY OF NEIGHBORS On 4/27/2005 our office attempted to contact B. Rohrer 458 Wolfs Bridge Road; W. Sowers 472 Wolfs Brisge Road; both neighbors could not confirm or deny address; they were not able to verifY that Christopher L. Sanderson reside(s) at: 464 Wolfs Bridge Road Carlisle PA 17013. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 4/27/2005 we reviewed the National Address database and found the fol!owing information, Christopher L. Sanderson - 464 Wolfs Bridge Road Carlisle PA 17013 B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the fol!owing is a possible mailing address: No addresses on file. V. DRIVER LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Christopher L. Sanderson. VI. OTHER INQUIRIES A. DEATH RECORDS As of 4/27/2005 Vital Records and all public databases have no death record on file for Christopher L. Sanderson. B. COUNTY VOTER REGISTRATION The Cumberland County Voter registration was unable to confirm a registration for Christopher L. Sanderson residing at: last registered address. C. PUBLIC LICENSES (PILOT, REAL ESTATE, ETc.) Our office conducted a search for public licenses and found the fol!owing: No records on file. VII. ADDITIONAL INFORMATION ON SUBJECT A. DATE OF BIRTH Christopher L. Sanderson - 1971 B. AKA. None . All accessible public databases bave been checked and cross-referenced for the above- named individual(s). 'Please be advised all database information indicates tbe subject resides at the current add ress. The undersigned understands that this statement herein is made suhject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Sworn to an subscribed to me this~day of ~ 2005 !J1i,w.~ f IUd( NOTA PU LIC J Notanal Seal Margaret E. Nulty. Notary Public East Goshen Twp.. Chaster County My Commission Expires Dee 19,2005 Member, Pennsylvania Association Of Notanes The above information is obtained from available public records; and we are only liable for the cost of the affidavit. PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney LD. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CENDANT MORTGAGE CORPORA nON Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION <pHRISTOPHER 1.. SANDERSON, A/K/A <CHRISTOPHE SANDERSELL NO. 03-3880 CIVIL TE~M Defendant PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure, Rule 3129.2, it is necessary in ~ foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P., Rule 3129.2 (c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (I) Service of the Notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402 (a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy of the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in the subparagraph (A) or (B), the notice shaH be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, CHRISTOPHER L. SANDERSON, 4-/K/A CHRISTOPHE SANDERSELL , are unknown, a reasonable investigation of their last l{nown address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure, Rule 430 (a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of scrvice. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriffs Return or Affidavit of Service of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs.Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address. AdoPtion of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F .R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations oflocal telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the attached Affidavit of Return of Service, marked hereto as )Exhibit "A", the Process Server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made !as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". , WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to 464 WOLFS BRIDGE ROAD, CARLISLE, P A 17013 . Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP By: t~ D NIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff VERIFICA nON DANIEL G. SCHMIEG, ESQUIRE, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take the veritication and that the statements made in the foregoing Motion for Service of Notice of Sale pursuant to Special Order of Court are true and cOrrect to the best of his knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authorities. IDate: Mav 6, 2005 DANIEL G. SCHMIEG, ESQUIRE PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff CENDANT MORTGAGE CORPORATION Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION CHRISTOPHER L. SANDERSON, AlK/A CHRISTOPHE SANDERSELL NO. 03-3880 CIVIL TERM Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Verification in the above captioned matter was sent by first class mail, postage prepaid to the following interested parties on the date indicated below. 'CHRISTOPHER L. SANDERSON, A/KJA CHRISTOPHE SANDERSELL 1464 WOLFS BRIDGE ROAD CARLISLE, P A 17013 / /~~ D niel G. Schmieg, Esquire Attorney for Plaintiff Date: Mav 6. 2005 . PHELAN HALLINAN & SCHMlEG, LLP By: DA}ITEL SCHMlEG, ESQlmRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY vs. No.: 03-3880 CHRISTOPHER L. SANDERSON, AlKJA CHRISTOPHE SANDERSELL AFFIDAVIT I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to CHRISTOPHER L. SANDERSON, AlKfA CHRISTOPHE SANDERSELL, on 6/1/05 at 464 WOLFS BRIDGE ROAD, CARLISLE, P A 17013, in accordance with the Order of Court dated 5/12/05. The undersigned understands that this statement is made subject to the penalties of 18 P A C.S. s 4904 relating to unsworn falsification to authorities. f)~ G.1~ DA}ITEL G. SCHMIEG, ESQlmRE / Date: June 3. 2005 ',""--- .2:: { {/t ., ~ -<(' r- }~ 1fE~ <.. ::;J , () .vfi LT"' J~~: .J::- '" "" <=:> = <:.n Co- c:.: :or.: , -.J ~ ~;J) i3~ :r~ Q:rJ .c>-C") (5ITl 3!5 -< ~ ::r. - .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Residential Funding Corp is the grantee the same having been sold to said grantee on the 7th day ofDec AD., 2005, under and by virtue of a writ Execution issued on the 30th day of March, AD., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 3880, at the suit of Cendant Mtg Corp against Christopher L Sanderson aka Christophe Sandersell is duly recorded in Deed Book No. 273, Page 1951. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this .3 v.1 day of ,AD. .;).&t:JC My ecorder of Deeds eJ;t~~='rcll" ~ ' Cendant Mortgage Corporation VS Christopher L. Sanderson alk/a Christophe Sandersell The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3880 Civil Term Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 03, 2005 at 4;34 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendant, to wit: Christopher L. Sanderson alk!a Christophe Sandersell, by making known unto Shannon Shomper, adult in charge for Christopher L. Sanderson, at 464 Wolfs Bridge Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on July 12,2005 at 5:20 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Christopher L. Sanderson alk!a Christophe Sandersell, located at 464 Wolfs Bridge Road, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states 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 the within named defendant, to wit: Christopher L. Sanderson alk!a Christophe Sandersell, by regular mail to his last known address of 464 Wolfs Bridge Road, Carlisle, P A 17013. This letter was mailed under the date of July 01, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 7,2005 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg for Residential Funding Corporation. It being the highest bid and best price received for the same, Residential Funding Corporation of 4001 Leadenhall Road, Mount Laurel, NJ 08054, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$789.14. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail $30.00 15.08 15.00 15.00 30.00 10.00 1.00 7.70 4.27 Levy Surcharge Law Journal Patriot News Share of Bills Postpone Sale Distribution of Proceeds Sheriff's Deed 15.00 20.00 275.00 248.39 18.20 20.00 25.00 39.50 $ 789.14 Sworn and subscribed to before me This ..Iff!;-'dayof~ 2~'ADA~ Pro t ?~~ R. Thomas Kline, Sheriff ~V' JoaU ~ I . (fO U<.- 6..303 (.. ~, i?4-/1/1J CENDANT MORTGAGE CORPORATION . CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS CHRISTOPHER L. SANDERSON, A/KfA CHRISTOPHE SANDERSELL CIVIL DIVISION NO. 03-3880 Defendant(s). AFFIDA VlT PURSUANT TO RULE 3129 (Affidavit No. I) CENDANT MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, 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 .464 WOLFS BRIDGE ROAD, CARLISLE. P A 17013 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHRISTOPHER L. SANDERSON, A/KJA CHRlSTOPHESANDERSELL 464 WOLFS BRIDGE ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None .~ 4. Name and address ofIast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 464 WOLFS BRIDGE ROAD CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and cOrrect to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 29, 2005 DATE ~ j;J~ DANIEL G. SCHMIEG, ESQ~ Attorney for Plaintiff - , . CENDANT MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 03-3880 CHRISTOPHER L. SANDERSON, A/KJA CHRISTOPHE SANDERSELL Defendant(s). March 29,2005 TO: CHRISTOPHER L. SANDERSON, A!KlA CHRISTOPHE SANDERSELL 464 WOLFS BRIDGE ROAD CARLISLE, PA 17013 ..THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY... Your house (real estate) at. 464 WOLFS BRIDGE ROAD. CARLISLE. PA 17013. is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 9. 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $71.704.31 obtained by CENDANT MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. , . , You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ( . . LEGAL DESCRIPTION ALL THA T CERTAIN trlll.:t uf land situate In the ToWDShip of MiddleSeX, Connly of CmnberlaDll and State of PCllIU)'lvania, bounded lIIlII de_ibed as folloWll: ON tile North by the public road leading from the Carlisle-Carlisle Springs Road to Mlddle.'lCX, for a di!lla1lCe of 220 feet, more or less; 011 the East by land formerly of Jobn P. Shuglwt and now or formerly of Leroy R. Rohrer. for a distance of S2:i feet, more or lesS; OD the South by land now or formerly of the Wilson WcPllY Eawe, PaulO. Sunday lIIld Fred Gilliard, for a dill1ance of 403 feet, more or less; and OD the West by land formerly of John E. Hefflefioger aDd Wite and now or formerly of Fred Gilliard. CONTAINING 1.5 acres. more or less. TITLE TO SAID PREMISES ~ VP..5TED IN Christopher L. Sanderson, Singleman by Deed from Richard J. Thumma, Widower by His Agent I...e.m:r R. Thumma daled 4/112002 and rerorded 41412002 in Deed Book 151, Page 565. Tax Parcel 121.14-0867-033 PREMISES BEING: 464 WOLFS BRIDGE ROAD, CARLISLE, PA 17013 WRIT OF EXECUTION.and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-3880 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENDANT MORTGAGE CORPORATION, Plaintiff (s) From CHRISTOPHER L. SANDERSON, AlK/A CHRISTOPHE SANDERSELL (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 bas been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other tban a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $71,704.31 L.L. Interest TO 9/9/05 (PER DIEM - $11.79) - $8,370.90 AND COSTS Arty's Comm % Due Prothy $1.00 Ally Paid $197.30 Other Costs Plaintiff Paid Date: MARCH 30, 2005 CURTIS R. LONG (Seal) Prothonotary C-r1J '--!ly: a tv.., , fl. / '{:/la-I'/ Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPillA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ~ . Real Estate Sale #09 On May 04, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA Known and numbered as 464 Wolfs Bridge Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 04, 2005 .~r -UI By:J'tr ~ Real Estat Deputy (-J CViJ I::j'j:;J c::::::::;, en> GVi 110 :[ '<;j q- ~dV ~OOl Ijd 'AlI.il":' C,IJitUbl<4liJ .:ld1l:l3HS 3Hl :JO 3:Ji.:J:JO . .., ". ~ .. '~ 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot.News and The Sunday Patriot-News were established 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 19th and 26th day(s) of July and the 2nd day( s) of August 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy SALE #9 ""$''''~''~rt. . -..,/....~,~._, .01.' Wi _ _ 'CGOP. ~...!J':- . . ~J~c. ':~'~f:W -;,,,~;-~ i";., .1' .. . . .n:;j. ,:" t'r t~"~~ -....--.. ........ ~tlWt;.....=7: . ~JT'l~..,...~w... ~....=!IIiI!lr'" ""11. e." fir!. :':"jl.~ Sworn to and subsc CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRlOT.NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 248.39 . ~. ~. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA 55. COUNTY OF CUMBERLAND Lisa Marie Coyne, 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: July 15,22,29,2005 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 BALE NO.9 Writ No. 2003-3880 Civil Cendant Mortgage Corporation vs. Christopher L. Sanderson. a/k/a Christophe Sandersell Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL TIlAT CERTAIN tract of land situate in the Township of Middle- sex, County of Cumberland and State of Pennsylvania, bounded and described as follows: ON the North by the puhlic road leading from the Carlisle-Carlisle Springs Road to Middlesex, for a distance of 220 feet, more or less; on the East by land formerly of John P. Shughart and now or formerly of Leroy R. Rohrer, for a distance of ~l:-_,"_i- ~__..t-....-..._ th.....~..ioJ." SWO TO AND SUBSCRIBED before me this 29 day of Julv. 2005 NOTARI SEAL LOIS E. SNYDER, Notary Public Car~sle Boro, Cumberland County My Commission Expires March 5, 2009