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HomeMy WebLinkAbout03-5610FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CENDANT MORTGAGE CORPORATION, F/K/A ERA MORTGAGE 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V. SHANNON C. TROSTLE 719 COOLIDGE STREET NEW CUMBERLAND, PA 17070 RICHARD M. TROSTLE 719 COOLIDGE STREET NEW CUMBERLAND, PA 17070 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. O3 -.St 10 00fC-7?? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE 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, 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, PA 17013 (717) 249-3166 Filek 81610 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. File #: 81610 Plaintiff is CENDANT MORTGAGE CORPORATION, F/K/A ERA MORTGAGE 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: SHANNON C. TROSTLE 719 COOLIDGE STREET NEW CUMBERLAND, PA 17070 RICHARD M. TROSTLE 719 COOLIDGE STREET NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 11/25/2002 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. 1785, Page 3577. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2003 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 #: 81610 6. The following amounts are due on the mortgage: Principal Balance $132,363.74 Interest 5,307.75 05/01/2003 through 10/22/2003 (Per Diem $30.33) Attorney's Fees 1,250.00 Cumulative Late Charges 199.48 11/25/2002 to 10/22/2003 Cost of Suit and Title Search $ 550.00 Subtotal $ 139,670.97 Escrow Credit 0.00 Deficit 304.46 Subtotal 304.46 TOTAL $ 139,975.43 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. 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 has/have 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 rem Judgment against the Defendant(s) in the sum of $ 139,975.43, together with interest from 10/22/2003 at the rate of $30.33 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. FEDERMAN?ANNDD PPHELAN I I P By: /s F c"`is S. H1'J FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 81610 ALL THAT CERTAIN piece or parcel of land, situate in the Borough of New Cumberland, County of Cumberlaud and Commonwealth of Pennsylvania, more pattiailarlybounded and described as follows, to wit: BEGINNING at a point, the northeast corner of Brandt Avenue and Coolidge Street as shown on the hereinafter mentioned plan of lots; thence northeastwardly along the northerly line of Coolidge Street, 72 feet to Lot No_ 243, Section 4, on said plan; thence northwesnvardly along said Lot No. 243, Section 4,140 feet to a 20-1oot street; thence southweavardly along the southern line ofsaid 20-foot st=;140.28 feet to the easterly line ofBrandt Avenue; thence southeastwwdly along the easterly line of Brandt Avenue 155.76 feet to the north side of Coolidge Street, the place of BEGINNING. BEING Lct No. 244, Section 4, in the Plan of Cumberland Manor, as recorded in the Cumberland County Recorder's Office in Plan Book No. 3, Page 88. HAVING ERECTED THEREON a 1%2 story masonry dwelling house known as 719 Coolidge Street, New Cumberland, Pennsylvania. UNDER AND SUBJECT, NEVERTHELESS, to all easemcnts, restrictions and other matters of record or that which a physical inspection or survey of the premises would reveal. BEING T]3E SAME PREMISES which Suburban Realty and Development Company by Deed dated June 8:.1951, recorded August 25, in the Cumberland County Recorder of Deeds Office in Deed Book U, Volume 14, Page 1, granted and conveyed unto Robert A. Lechthaler and Mary Ellen LechthWer. ( Erroneously referred to as Mary Ellen Leohtahler) PREMISES BEING: 719 COOLIDGE STREET VERIFICATION MARC J. HINKLE hereby states that he is V.P. of CENDANT MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: ? ? w ?`' ? ? ? (,i ` '9 ? SHERIFF'S RETURN - REGULAR CASE NO: 2003-05610 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION VS TROSTLE SHANNON C ET AL CPL. TIMOTHY RETIZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TROSTLE SHANNON C the DEFENDANT , at 0951:00 HOURS, on the 31st day of October , 2003 at 719 COOLIDGE STREET NEW CUMBERLAND, PA 17070 RICHARD M TROSTLE by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this /'f 9- day of u p ?u` 2012 A. D. ai (/?? pProt onotary So Answers: R. Thomas Kline 11/03/2003 FEDERMAN & PHELAN By. D ty Sheriff/ SHERIFF'S RETURN - REGULAR CASE NO: 2003-05610 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION VS TROSTLE SHANNON C ET AL CPL. TIMOTHY RETIZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TROSTLE RICHARD M the DEFENDANT , at 0951:00 HOURS, on the 31st day of October , 2003 at 719 COOLIDGE STREET NEW CUMBERLAND, PA 17070 by handing to RICHARD M TROSTLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this %y day of h( tea" A.D. Prothonotary So Answers: R. Thomas Kline 11/03/2003 FEDERMAN & PHELAN By. De ty Sheri'Ef?G' / FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION, F/K/A . ERA MORTGAGE CUMBERLAND COUNTY 4001 LEADENHALL ROAD COURT OF COMMON PLEAS MOUNT LAUREL, NJ 08054 V. Plaintiff, SHANNON C. TROSTLE RICHARD M. TROSTLE Defendant(s). CIVIL DIVISION NO. 03-5610 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against SHANNON C. TROSTLE and RICHARD M. TROSTLE, 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 $139,975.43 Interest from 10/22/03 to 12/2/03 $1,273.86 TOTAL $141,249.29 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: /3/i3,3 , k PRO PROTHY SHERIFF'S RETURN - REGULAR CASE NO: 2003-05610 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION VS TROSTLE SHANNON C ET AL CPL. TIMOTHY RETIZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TROSTLE RICHARD M the DEFENDANT , at 0951:00 HOURS, on the 31st day of October 2003 at 719 COOLIDGE STREET NEW CUMBERLAND, PA 17070 by handing to RICHARD M TROSTLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A. D. So Answers: R. Thomas Kline ` 11/03/2003 FEDERMAN & PHELAN By: Del ty Sheriff Prothonotary 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 (915) 564-7000 CENDANT MORTGAGE CORPORATION, F/K/A ERA MORTGAGE Plaintiff Vs. SHANNON C. TROSTLE RICHARD M. TROSTLE Defendants TO: RICHARD M. TROSTLE 719 COOLIDGE STREET NEW CUMBERLAND, PA 17070 DATE OF NOTICE: NOVF.MBFR 21. 2003 FILE COPY ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-5610 CIVILE TERM 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 ATTORNEY 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, PA 17013 (717) 249-3166 ESQUIRE ESQUIRE Attorneys for Plaintiff NK QUIRE F AN,ES LAWR CE T. PHELAN FRAN IS S . HALLINAN FEDERMAN AND PHELAN, LLP FLANK 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 (?15) 563-7000 CENDANT MORTGAGE CORPORATION, F/K/A ERA MORTGAGE Plaintiff Vs. SHANNON C. TROSTLE RICHARD M. TROSTLE Defendants TO: SHANNON C. TROSTLE 719 COOLIDGE STREET NEW CUMBERLAND, PA 17070 DATE OF NOTICE: NOVFMBFR 21, 2003 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 03-5610 CIVILE TERM 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 ATTORNEY 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, PA 17013 (717) 249-3166 1 __ FRANK FEDE N, ESQUIRE LAWRENC PHELAN, ESQUIRE FRANCIS S. HALLINAN. ESQUIRE Attorneys for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION, F/K/A . ERA MORTGAGE CUMBERLAND COUNTY 4001 LEADENHALL ROAD COURT OF COMMON PLEAS Plaintiff, V. SHANNON C. TROSTLE RICHARD M.TROSTLE Defendant(s). CIVIL DIVISION NO. 03-5610 CIVIL TERM 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 SHANNON C. TROSTLE is over 18 years of age and resides at, 719 COOLIDGE STREET, NEW CUMBERLAND, PA 17070. (c) that defendant RICHARD M. TROSTLE is over 18 years of age, and resides at, 719 COOLIDGE STREET, NEW CUMBERLAND, PA 17070. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CURTAIN piece or panel of lard, situate in the Borough of New C umberlud, County of Cumberland and Commonwealth of Pennsylvania, more particularly hounded end described as follms, to win BL-GINNING at a point, the Northeast wmer of Braiidt Avenue and Cuolidge Smn l as stamwn ort the herematter mentioned plan of kits; thenu h nrtheastscardly long tlic Northerly line of Cxtlidge Sum 72 feet to Not No, 243, Section 4_ on said plan; thence Norchwcg6var4jly along cJid Lot No. 243, Sectiot 41 140 feet to a 20-foot street; thence Southwestwardly along the Southern line of said 20-Fwt1 street; 140.28 leer to the Easterly line of Brandt Avenue; thence Southcastwardy along the Ewtcrly line of Brandt Avrtmc 155.70 feet to the North side of Ctwlidge Street, the place of Beginning. BRING Lot No. 244, Section 4, in the Plan of CumherIand Maunr, as L=ui ed in the Cumberland County Recorder's Office in Plan Book No. 3, Page 88. HAVING ERE("TED THEREON a 1 112 story masonry dwelling Morse known as 7119 CoolidbI) Street, Ncw Cnmhertand, Prnnsylvania. TITL.E'IO SAM PREMISES f5 VESTED IN Richard M. Trostle and Shannon C. Trostle, Lis wife by Deed from Barbara roan Mackay, et at, dated 11U5179M and recorded 12J412f102 in Record Book 2,54 gage 4154. 'f'ax Parcel #26-23-0543-259 PROPERTY: 719 COOLIDGE STREET, NEW CUMBERLAND, PA 17070 -sD r W ';y C'7 i _ t Cti t v' (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CENDANT MORTGAGE CORPORATION, FIK/A ERA MORTGAGE 4001 LEADENHALL ROAD CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. SHANNON C. TROSTLE RICHARD M. TROSTLE Defendant(s). CIVIL DIVISION NO. 03-5610 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on t .? 2003. DEPUTY If you have any questions concerning this matter, please contact: ?l.on,l? . Mnan FRANK FED R4&N, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (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 CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.*" PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CENDANT MORTGAGE CORPORATION, F4UA ERA MORTGAGE Plaintiff, V. SHANNON C. TROSTLE RICHARD M.TROSTLE Defendant(s). No. 03-5610 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 12/2/03 to MARCH 3, 2004 (per diem -$23.22) $141,249.29 $2,136.24 and Costs TOTAL $143,385.53 '3'LtVVR 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. C j 13 cr,?l ca 14 tj n n d d as AA ww U U w? °z o c zz H H pWa„? ? wW V ?WW7WWW W •• a x OF oa as o ? ?•? ww w H?`" yHy ? a AA U C7 > V /" FG ?+ w a s OD F? O? a ot°n =? 00 aA cox o oz as w W ? U a ? U U A. w d ro r ?tl N LEGAL DESCRIPTION ALL THA'I' CERTAIN piece or parcel of kind, situate in the Borough of New Cumberland, County of Cumberland and Commonwealth of Pennsylvania, more pailicularly bounded and described as fuLjarws, to wit: BEGINNING at a paint, the Northeast comer of Brandt Alenue and Cuolldge Street as show-ii (in the hereinafter mentioned plan of lots; thence Nnrtheestwardly long the Nortbctly [inc; of Coolidge Street, 72 feet to lot No. 243, Seciion 4, on said plan; thence Norchwestwartily along, said Lot No. 243, Section 4. 140 feet to a 20-font street; thence Southwestwardly along the Soudtern line of said 20-foot street,. 140.28 facet to the Easterly line of Brandt Avcnue; thrace Southcastwardly along The Easterly tine of Brandt Avcnuc t55.76 fmtto the North side of Ccwlidgs Street, the place of Beginning. BEING Lot No. 244, Section 4, in the Plan of Cumberland Manor, as rcwrded in the Cumberland County Recorder's Office in Plan [look No. 3. Page 88. HAVING EREMD THEREON a 1 VZ story ntasoary dwelling house known as 719 Coolidp Street, Ww Cunbedand, PCnnsylvauia. TITLE TO SArI] PREMISES f5 VESTED IN Richard NJ. Trostle and Shannon C. "frostte, his wife by Deed frcm Barbara fcaa Mackay, et all, dated WZ5121302 and recorded 12/VXX12 in Rcrnrd Book 254 Page 4154. Taa parcel x126-23-0543-259 PROPERTY: 719 COOLIDGE STREET, NEW CUMBERLAND, PA 17070 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-5610 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENDANT MORTGAGE CORPORATION, F/K/A ERA, MORTGAGE, Plaintiff (s) From SHANNON C. TROSTLE AND RICHARD M. TROSTLE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from 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 $141,249.29 L.L. $.50 Interest FROM 12/2/03 TO 3/3/04 (PER DIEM - $23.22) - $2,136.24 AND COSTS Arty's Comm % Arty Paid $137.73 Plaintiff Paid Date: DECEMBER 3, 2003 (Seal) REQUESTING PARTY: Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary ^ J `By: zz n--5"-0 Deputy Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION, F/K/A ERA MORTGAGE V. Plaintiff, SHANNON C. TROSTLE RICRARD M.TROSTLE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5610 CIVIL TERM CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ?.?u"k je,&? FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff r -44 te ? - e CENDANT MORTGAGE CORPORATION, F/K/A ERA MORTGAGE Plaintiff, V. SHANNON C. TROSTLE RICHARD M, TROSTLE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5610 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) CENDANT MORTGAGE CORPORATION, F/K/A ERA MORTGAGE, 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 ,719 COOLIDGE STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SHANNON C. TROSTLE RICHARD M. TROSTLE 719 COOLIDGE STREET NEW CUMBERLAND, PA 17070 719 COOLIDGE STREET NEW CUMBERLAND, PA 17070 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 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 719 COOLIDGE STREET NEW CUMBERLAND, PA 17070 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. December 2, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff P O ?.: -?? - ?y e, ••n ?? rt C' -? _ ? ? ? ' '; ? r.:, },I. < G -`C _ r Z `? ''1' ,= C?7 ? b ? ? `>' "' <' FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION, F/K/A ERA MORTGAGE 4001 LEADENHALL ROAD ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. SHANNON C. TROSTLE RICHARD M.TROSTLE Defendant(s). CIVIL DIVISION NO. 03-5610 CIVIL TERM 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 SHANNON C. TROSTLE is over 18 years of age and resides at, 719 COOLIDGE STREET, NEW CUMBERLAND, PA 17070. (c) that defendant RICHARD M. TROSTLE is over 18 years of age, and resides at, 719 COOLIDGE STREET, NEW CUMBERLAND, PA 17070. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ?C fJ -< CENDANT MORTGAGE CORPORATION, F/K/A ERA MORTGAGE Plaintiff, V. SHANNON C. TROSTLE RICHARD M. TROSTLE Defendant(s). CUMBERLAND COUNTY No. 03-5610 CIVIL TERM December 2, 2003 TO: SHANNON C. TROSTLE RICHARD M. TROSTLE 719 COOLIDGE STREET 719 COOLIDGE STREET NEW CUMBERLAND, PA 17070 NEW CUMBERLAND, PA 17070 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIEN AGAINST PROPERTY. ** Your house (real estate) at, 719 COOLIDGE STREET, NEW CUMBERLAND, PA 17070, 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 courtjudgment of $141,249.29 obtained by CENDANT MORTGAGE CORPORATION, F/K/A ERA MORTGAGE (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: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Borough of New Cumberland, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BLGINNING at a point, the Northeast comer of Brandt Avenue and Coolidge Sttmt as shown cn the hereinafter mentioned plan of lots; theme Northeastwardly long the Northerly line of Coolidge Street, 72 feet to Iat No. 243, Secitcm 4, an said plan; thence Norcbwestwardly ulong, said UA No. 243, Section 4. 140 feet to a 20-foot street; thence Southwestwardly along the Snudiern line of said 20-fvol street: 140.28 I-ect to the Easterly line of Brandt Avcnuc; thence Southeastwardly along the Easterly line of Brandt Avenue 155.76 feet to the North side of Ctxllidge Street, the place of Beginning. BEING Lot No. 244, Section 4, in the Plan of Cumberland Manor, as ra=iled in the Cumberland County Recorder's Office in Plan [look No. 3, Page 88. HAVING ERECTED THEREON a 1 112 story masonry dwelling house known as 719 Coolidge Street, New Cumberland, Pciutsylvatria. TITL.E'fO SAID PREMISES fS VESTED IN Rkimtl M, Trestle and Shannon C. Trestle, his wife by Deed front Barbara Jean Mackay, et al, dated L1125120M and recorded 12/4/200 in Record Book 2,54 Page 4154. Tax Parcel N26-23-0543-289 PROPERTY: 719 COOLIDGE STREET, NEW CUMBERLAND, PA 17070 (7 4'+ C?J fy T ?p QJ if ? ? :J r it ..-J ??. f` 4'' ?? ? ;T: G C; "?' , ?c ? _ , n N -G AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF CENDANT MORTGAGE CORPORATION, PJT F/K/A ERA MORTGAGE No. 03-5610 CIVIL TERM DEFENDANT(S) SHANNON C. TROSTLE ACCT. #0020739090 RICHARD M. TROSTLE Type of Action SERVE SHANNON C. TROSTLE AT - Notice of Sheriff's Sale 719 COOLIDGE STREET NEW CUMBERLAND, PA 17070 Sale Date: MARCH 3, 2004 !1I'• SERVED Served and made known to - J"rr`?? ) No// C T"5?I 2 Defendant, on the day of c ma'''r 6--' 200 at 10,145,-o'clock a.m., at J(9 ls.?o i ??e ?Z W ?? kt ?ev ?BVJ ,Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is ?IgfL,?,-Z1y?_ IJ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: i, Description: Age ( HeightWeight Race .(Sex h't Other uo g(PSSe5 I,Opv eve t-L, v Jas competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice T of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed LUCILLE H. CARTY, Nohly PW10 00 befo met s of etew day nn T•owmslti , Fr?tldln C01MI? ev,200? _ . ?IOtt Nov. 10, Notary: By. *DAT PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. IN ICATES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200, at o'clock _.in., Defendant NOT FOUND because: Moved Unknown No Answer 1st Attempt: / Time: Vacant 2"d Attempt:, / Time: 3rd Attempt: / Time: Sworn to and subscribed before me this day of 200 Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF CENDANT MORTGAGE CORPORATION, PJT F/K/A ERA MORTGAGE No. 03-5610 CIVIL TERM DEFENDANT(S) SHANNON C. TROSTLE ACCT. #0020739090 RICHARD M. TROSTLE Type of Action SERVE RWHARD M. TROSTLE AT - Notice of Sheriff's Sale 719 COOLIDGE STREET NEW CUMBERLAND, PA 17070 Sale Date: MARCH 3, 2004 y/{? f 'TIC' 1 V^, Served and made known to 1 I ,Cvt aJ d-- M , - SERVED 5 y \ 1-' , Defendant, on the A)4'_ day of Ue«""'be v 200 at ,o'clock?.m.,at 71T Cc f idle 0 ?ew CUU+bCN ?aN Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: h q low Description: Age 7 -Heeight ? Weight ? Race Sex ? Other 1, v t W c e L. ? C,4 J, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. NOTARIAL SEAL Ll1CIt °_M CARTY, Nov Public Sworn to and subscri Lee.d Vjp? ;PS , , Fe iL;r a(y befo meths lay IJyCofliRlliwtfilrHpi3ito3.'i0,201 of I ;720C 3. Notary: PLEASE ATTEMPT SERVICE AT LEAST 3 TIM S. DIC TES & TIMES OF SERVICE ATTEMPTED. NOTSERVED On the day of , 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1s` Attempt: / Time: Vacant god Attempt:_ ___/ / Time: 3rd Attempt: / Time: Sworn to and subscribed before me this day of -,200-. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 c o t' Cn r_ ry '?5 dry R 4 > b yyt w -u FEDERMAN AND PHELAN, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Main Fax 215-563-5534 John.Larson@fedphe.com December 29, 2003 Office of the Prothonotary CUMBERLAND County Courthouse RE: CENDANT MORTGAGE CORPORATION, F/K/A ERA MORTGAGE v. SHANNON C. TROSTLE and RICHARD M. TROSTLE CUMBERLAND COUNTY, NO. GD 03-5610 CIVIL TERM Dear Sir or Madam: Please file the enclosed affidavit(s) in reference to the above captioned matter. Thank you for your cooperation. Yours truly, J L John R. Larson for Federman and Phelan CC: Sheriffs Office of Allegheny County IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CENDANT MORTGAGE ) CIVIL ACTION CORPORATION, F/K/A ERA ) MORTGAGE VS. CIVIL DIVISION NO. 03-5610 CIVIL TERM SHANNON C. TROSTLE RICHARD M. TROSTLE AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for CENDANT MORTGAGE CORPORATION, F/K/A ERA MORTGAGE hereby verify that on December 4, 2003 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Im'd qftymn DATE: January 26, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff G b •• ? A •• W N •? O b T T T- ? w y G ?p 3 cR a n 2 c 3 c m 1 Az d 3 g' O p H O y a 0 0 0 ? x ? z 0 r" r r i m m ? n a t C ? H d o ? h1 z H b O m ? w ? ? n i-1 W A N = ? ? = g ? 's a ny ? ? o a? _g ? ? ? t r x O ? c a rb g 6 a Q J ? ?'a 1° m'n J J O tU o? R a o ° ° X ^-7 ARu O N rn rm ?. R ? d J ?m-1 t n o .. I I I I ? ? .caw . a=3y e .g o?z -+ a s? 0.3 fD H O -s a 3 m W ;?1 N h7 ro?CIOZ A 4 G ? '17 Z ? ? A b ° m ° K ova ' a 94 10 ,_ 7 N b r ED ?T L Z $? 5;, G N ? O 41 O O Cendant Mortgage Corporation fWa In The Court of Common Pleas of Era Mortgage Cumberland County, Pennsylvania VS Writ No. 2003-5610 Civil Term Shannon C. Trestle and Richard M. Trestle R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs Docketing 30.00 Poundage 13.42 Advertising 15.00 Posting Handbills 15.00 Levy 15.00 Surcharge 30.00 Service 23.46 Law Journal 279.35 Patriot News 232.51 Law Library .50 Prothonotary 1.00 Share of Bills 29.32 $ 684.56 paid by attorney 03/01/04 Sworn and subscribed to before me This 3,,k day of 12crur 2004, A.D.C? ?uf?s ?, iv?ceec? t QE,'y Prothonotary So Answers: R. Thomas Kline, Sheriff BY, / O'C Real Es to Deputy U Real Estate Sale # 60 On December 05, 2003 the sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 719 Coolidge Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 05, 2003 By: Real Estate Deputy t vua &D GW 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 Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and Tbg 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 20th and 27th day(s) of January and the 3rd day(s) of February 2004. 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 u hin in Miscellaneous Book "M", Volume 14, Page 317. ? i . . PUBLICATION COPY SALE #60 DESCR!FnON 0 ALL 1W CERTAIN Plea or pa noel of imd, simme in the Bmrv gh of New Cmnhaland, Canny of Cumberland and Common-wealth Of Pmnayivatie, come pamralarly bounded and de- ecribed ae tallom to win BWNNM at a pDK the Notion coma of BearkAwntre and Coolidge Seat a ahown on the hemmalkr nammmed pin of. for: :thence Nmthentwvdfy along the Natberly Ie of Cadidae Street, 72 fed to La No. 243, Section 4,. on ......W ......................................Rwnrn to and subscribe 23rd don f F ry 2004 A.D. Notarial Seal Terry L. Russell, Notary PCity Of Harrisburg, Dauphin MyConnissionExpiresJuneN ARY PUBLIC Marneer,Pera?Ansocmil"n0fN01e1ies My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 232.51 ;.tbmoe Neph v*wmdly- saki Lot Publisher's Receipt for Advertising Cost Bectbn 4; 14o het m a 24foot sttah etmwem,wusily along the Southern line of publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general slot atde614o.25.fat to thefim rly line of a receipt of the aforesaid notice and publication costs and certifies that the same have wma~ theiaz soothemma Ny along the Ran of Bohm Amore 155.76 fed to the do of ?CaoHdge Sheet, the Oka of AM Lot (4o. 24 Seddon 4, in the Plan of Cumberland Meum, as mco drd in the Cumberland County Recoohn s Office in Plan Book No. 3, Page 86. NAVW WO M thereon a 1 A day nucomy dwelft boga..kobwp a 719 Coolidge 56za, New.Cumhedarid, PeaeiyTvatia. WLE To. SAID Premises is va W m Richard M. Tmg& mid Show C Book hia wife, by Dad fnxn"Barbra 2e m Monkey, at aL dated. 11231b102 and recorded .12(42002 in Read Book 234 Page 4134. TAX PARCEL NO.: 2623-0343-259. PROPERTY: 719 CooBdge Street, New Cumberland, PA 17070. By .................................................................... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L,1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly 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: JANUARY 16, 23, 30, 2004 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. 60 Writ No. 2003-5610 Civil Cendant Mortgage Corporation, f/k/a Era Mortgage Vs. Shannon C. Trestle and Richard M. Trostle Atty.: Frank Federman LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land, situate in the Borough of New Cumberland. County of Cum- berland and Commonwealth of Pennsylvania, more particularly bounded and described as follows. to wit: BEGINNING at a point, the Northeast corner of Brandt Avenue and Coolidge Street as shown on the hereinafter mentioned plan of lots; thence Northeastwardly along the Northerly line of Coolidge Street, 72 feet to Lot No. 243, Section 4, on said plan; thence Northwestwardly along said Lot No. 243, Section 4, 140 feet to a 20-Coot street; thence Mane Coyne, itor TO AND SUBSCRIBED before me this 30 day of JANUARY 2004 N014,1iW SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5,2W5 BEGINNING at a point, the Northeast corner of Brandt Avenue and Coolidge Street as shown on the hereinafter mentioned plan of lots; thence Northeastwardly along the Northerly line of Coolidge Street, 72 feet to Lot No. 243, Section 4, on said plan: thence Northwestwardly along said Lot No. 243, Section 4, 140 feet to a 20-foot street; thence Southwestwardly along the South- ern line of said 20-foot street; 140.28 feet to the Easterly line of Brandt Avenue; thence Southeast- wardly along the Easterly line of Brandt Avenue 155.76 feet to the North side of Coolidge Street, the place of Beginning. BEING Lot No. 244, Section 4. in the Plan of Cumberland Manor, as recorded in the Cumberland County Recorder's Office in Plan Book No. 3. Page 88. HAVING ERECTED THEREON a 1 1/2 story masonry dwelling house known as 719 Coolidge Street. New Cumberland, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Richard M. Trostle and Shannon C. Trestle, his wife by Deed from Barbara Jean Mackay, et al. dated 11/25/2002 and re- corded 12/4/2002 in Record Book 254 Page 4154. Tax Parcel #26-23-0543-289. PROPERTY: 719 COOLIDGE STREET, NEW CUMBERLAND, PA 17070. 1 My Commission Expires March 5, 2065 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CENDANT MORTGAGE CORPORATION, F/K/A ERA MORTGAGE Plaintiff, V. SHANNON C. TROSTLE RICHARD M. TROSTLE Defendant(s). No. 03-5610 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $141,249.29 Add'1 cost $4,972.00 Interest from 12/2/03 to JUNE 13, 2007 $29,930.58 and Costs (per diem -$23.22) TOTAL $171,179.87 DANIEL G. SCHMIEG, 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. 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. d oz c c a z? o? as ? p o ??; E a as o as ? z p ? z ? a F? a? o o o ? F ? P ?v v a { U-1 {z vS _ Li S y u 7 _N U 13 14 w 4° d V r i 00 ?r 00 dd as zAA da? aka WW UU 33 zz ww AA co co ON CN y y d -1 rY Ji WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N003-5610 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENDANT MORTGAGE CORPORATION, F/K/A ERA MORTGAGE, Plaintiff (s) From SHANNON C. TROSTLE AND RICHARD M. TROSTLE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from 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 $141,249.29 L.L. Interest FROM 12/2/03 TO 6/13/07 (PER DIEM - $23.22) - $29,930.58 AND COSTS Atty's Comm % Atty Paid $834.79 Due Prothy $1.00 Other Costs ADD'L COST $4,972.00 Plaintiff Paid Date: JANUARY 31, 2007 (Seal) C rtis R. Long, P onota By: 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 Deputy Supreme Court ID No. 62205 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: SHANNON C. TROSTLE RICHARD M. TROSTLE Bk. No. 1-04-bk-01155 Debtors Chapter No. 13 CENDANT MORTGAGE CORPORATION, F/K/A ERA MORTGAGE Movant 11 U.S.C.§362 V. SHANNON C. TROSTLE RICHARD M. TROSTLE Respondents ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion of CENDANT MORTGAGE CORPORATION, F/K/A ERA MORTGAGE (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 719 COOLIDGE STREET, NEW CUMBERLAND, PA 17070, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED AND DECREED THAT: Rule 4001(a)(3) is not applicable and CENDANT MORTGAGE CORPORATION, F/K/A ERA MORTGAGE may immediately enforce and implement this Order granting Relief from the Automatic Stay. By the Cowl, Bmdf p da?ge PV) Dated: December 18, 2006 This document is electronically signed and filed on the same date. 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 CENDANT MORTGAGE CORPORATION, F/K/A ERA MORTGAGE Plaintiff, V. SHANNON C. TROSTLE RICHARD M. TROSTLE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5610 CIVIL TERM 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: Q 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 IRE Attorney for Plaintiff ra ?? ?'' .--? ? " l' C..tiJ ? 1 _r 'S-?^+. ??? 'i ?. . E...i' CENDANT MORTGAGE CORPORATION, F/K/A . ERA MORTGAGE CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION SHANNON C. TROSTLE RICHARD M. TROSTLE NO. 03-5610 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) CENDANT MORTGAGE CORPORATION, F/K/A ERA MORTGAGE, 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 ,719 COOLIDGE STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name SHANNON C. TROSTLE RICHARD M. TROSTLE Last Known Address (if address cannot be reasonably ascertained, please indicate) 719 COOLIDGE STREET NEW CUMBERLAND, PA 17070 719 COOLIDGE STREET NEW CUMBERLAND, PA 17070 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) Sharon C. Trostle 6680 North Silver Bell Road Richard L. Trostle Tuscon, AZ 85743 ..%a. 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please 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 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 719 COOLIDGE STREET NEW CUMBERLAND, PA 17070 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 23, 2007 DATE ?FDANIEL G. SC MIEG, ESQLhHh- Attorney for Plaintiff ? ra cz Y V T) r 1C3? :s7 CENDANT MORTGAGE CORPORATION, F/K/A CUMBERLAND COUNTY ERA MORTGAGE Plaintiff, No. 03-5610 CIVIL TERM V. SHANNON C. TROSTLE RICHARD M. TROSTLE Defendant(s). January 23, 2007 TO: SHANNON C. TROSTLE 719 COOLIDGE STREET NEW CUMBERLAND, PA 17070 RICHARD M. TROSTLE 719 COOLIDGE STREET NEW CUMBERLAND, PA 17070 * *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, 719 COOLIDGE STREET, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $141,249.29 obtained by CENDANT MORTGAGE CORPORATION, F/K/A ERA MORTGAGE (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: 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 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, PA 17013 LEGAL DESCRIPTION ALL THAT CURTAIN piece or pmeti of land, situate in the Borough of New Clattberland, County of Cumberland and Commonwealth of PenrUlvania, more particularly bourne?ed and described as fuilolvs, to wit: B) GINNING at a point, the Northeast comer or Brandt Avenue and Coolidge Street as sixiwit on the hereinafter mentioned plan of IoN; thence NortMtrastwardly long; ihr Nortlicrly line of Coolidge SlreeE, 72 feet to 1A)t No. 243, Section 4. on said plain; therice Norchwestw u'dly along. s--Aid Lot No. 243, Section 4. 110 feet to a 20-foot street; tbenco 5outhwtstwardiv along the %ily Bern lute or'said 20-font street: 140.28 feet to the Easterly line- of Brandt. Avcnac: thrace ,Southcashvtu Ly along the Easterly line of Biaudt /lvcrwc 155,70 feet to the North side of Ccwlidge Street, the place of Beginning. HUNG Lot No. 244, Section 4, in the Plan of 0imberfand Nlattor, as rewrded in the Cuinb; rland County Recorder's Office in Plan Book No_ 3, Paggc 88. HAVING EM-CMD-THERVON a 1 112 story nmsonry dwolling muse known as 719 Coolidge Street, New Cumberland, PomsylvAnia. TITLE TO SAM P1tT1S?IISF..S f?+ TEU Richat-l N1. Trortle and Shannon C. Trostle, Lis wife by Deed frein BaTbata scan Mackay, et al, date! 111Z512{D02 and recorded 12!4!2002 in Record Book 2,54 Page 4154. Tax Parcel #26-23-0543-289 PROPERTY: 719 COOLIDGE STREET, NEW CUMBERLAND, PA 17070 AFFIDAVIT OF SERVICE PLAINTIFF CENDANT MORTGAGE CORPORATION, F/K/A ERA MORTGAGE DEFENDANT(S) SHANNON C. TROSTLE RICHARD M. TROSTLE SERVE SHANNON C. TROSTLE AT 719 COOLIDGE STREET NEW CUMBERLAND, PA 17070 SERVED CUMBERLAND COUNTY CQS No. 03-5610 CIVIL TERM ACCT. #0020739090 Type of Acti" "St K 1G(O - Notice of Sheriffs Sale Sale Date: JUNE 13, 2007 Served and made known to 6 b qA r, oA G . -rrctSd le . Defendant, on the Z g day of rebtlArArY 2007 o'clock T.m. at 71'q 1:3-2 at C na l % dye Si, , Commonwealth , , - of Pennsylvania, in the manner described below: --Z Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. . an officer of said Defendant(s)'s company. Other: Description: Age ?_?o Height S ? T V' Weight 0 d Race L. Sex „E Other I, N CL I r t A ? 0 bsri X, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and 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 address indicated above. Sworn to and su this May 00 tary: No i SE T LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. F%MCIA HARRIS NOT SERVED 6, 2008 Me 1 CVmSe ay ?on d n o .200_, at o'clock _.m., Defendant NOT ROUND because: Moved Unknown No Answer Vacant 1" Attempt: Time: 2'd Attempt: Time: 3rd Attempt: i I Time: Sworn to and subscribed before me this day of 200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I. D. No. 62205 /9 s ?` `?' ,- ?" ;- .. ' ? " C? S f"'} t ;_ -3 .? L`J ?., ?... ? ? °' ? ` ? i ?j L.??'l ?3 ..;U AFFIDAVIT OF SERVICE COUNTY PLAINTIFF CENDANT MORTGAGE CORPORATION, F/K/A ERA MORTGAGE DEFENDANT(S) SHANNON C. TROSTLE RICHARD M. TROSTLE SERVE RICHARD M. TROSTLE AT 719 COOLIDGE STREET NEW CUMBERLAND, PA 17070 SERVED CUMBERLAND No. 03-5610 CIVIL TERM ACCT. #0020739090 Type of Actions ((A - Notice of Sheriff's Sale Sale Date: JUNE 13, 2007 CQS Served and made known to R i C kc- r 8 "(r-CS4-1C- . Defendant, on the 2 day of Fe b?r? e r Y 2007 at o'cioc ,, i in., at ? Cda d y?° S , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. -Adult family member with whom Defendant(s) reside(s). Name and Relationship is liv Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other Description: Age 30 -y0 Height $'- 0 Weight )8 0 Race_v,-?? Sex -C Other I, bGyt*( Q s L e/'+.f . a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscr' d e soZday fty Pd oft* of Am im" Moved Unknown No Answer of 200 No - By; TEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE N hi C 18 ATTEMPTED. NOT SERVED On tiie , 200$ 200_, at o'clock _.in., Defendant NOT FOUND because: 1't Attempt: Time: Vacant 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200-. Notary: By; Attorney for Plaintiff '? u ?° e ?, ._ ',.:/ ,., ? -. ?y±-? /?+ ,?F iii Z Y - N./' ??. ? C..4? Q Cry ??.{ ++{-/-} r ? i? "t`i t ? t.. .,,? ;.?a ?-r? ". ^ ? ?? . v ~ r f " G? :.?t ?? t,? t*a7 -;L ? .. -'? ?0?=? 'ate X11 ? r SALE DATE: JUNE 13, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CENDANT MORTGAGE CORPORATION, F/K/A ERA No.: 03-5610 CIVIL TERM MORTGAGE VS. SHANNON C. TROSTLE RICHARD M. TROSTLE AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 719 COOLIDGE STREET, NEW CUMBERLAND, PA 17070. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, ES?PIE Attorney for Plaintiff May 24, 2007 4?', £ 0 L6 L 3000 d!Z LOOZ 9L833 o9z o $ 53AA09 AlNild w ?r1 a z ? ?za O ? a? 00 spa V w •? a o ? a O ° a. b ? d 8•ov? ozo w Y T N U ° doH C`?'? WOdJ 03l1tlW C] E y O L08 LZb000 E E ° M ZO ? 2 s c H .J ?,c v ? y ? W O Q 00 " E ra ? 1SOd 5 d °' r? 'S o e ? 3 c L v 5 .? E p" ? d?b v Q ? Q U u .° E r• o v b y?? m r., O N N E"'? O M '? •w ? ? C M ? y 0 00 O > a+ Q N r t>tl?CO?.. r a w G o EcE r - z ° ° H ? Fr v ? o u? ?" m •b w? 8??v? z O Ee 5 y a i 7 Er ? . O W z A ? z ? Q z w W 00 ry ?, ? d N 7 p O W a U U H o O W ?a v W U ° U ' o z ° E-. z cr w 0 O Q ° z> A E a z U d z d s v u o u N M V1 ?p l- °O oN z W Cendant Mortgage Corporation, f/k/a Era Mortgage In the Court of Common Pleas of VS Cumberland County, Pennsylvania Shannon C. Trostle and Richard M. Trostle Writ No. 2003-5610 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 22, 2007 at 1845 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants to wit: Shannon C. Trostle and Richard M. Trostle, by making known unto both defendants personally, at 719 Coolidge Street, New Cumberland, Cumberland County, Pennsylvania its contents and at the same time handing to them personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 0930 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Shannon C. Trostle and Richard M. Trostle at 719 Coolidge Street, New Cumberland, Cumberland County, 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 defendants, to wit: Shannon C. Trostle and Richard M. Trostle, by regular mail to their last known address of 719 Coolidge Street, New Cumberland, PA 17070. These letters were mailed under the date of April 3, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff's Costs: Docketing $30.00 Poundage 16.98 Posting Bills 15.00 Advertising 15.00 Prothonotary 1.00 Mileage 32.64 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 318.92 Share of Bills 16.17 Postpone Sale 20.00 &J13/d? $865 71 ?? . jr- So Ans r? R. Thomas Kline, Sheriff BY ?? Real Estate S geant `? 11 r CENDA14T MORTGAGE CORPORATION, F/K/A ERA MORTGAGE CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION SHANNON C. TROSTLE . RICHARD M. TROSTLE NO. 03-5610 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CENDANT MORTGAGE CORPORATION, F/K/A ERA MORTGAGE, 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 ,719 COOLIDGE STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name SHANNON C. TROSTLE RICHARD M. TROSTLE Last Known Address (if address cannot be reasonably ascertained, please indicate) 719 COOLIDGE STREET NEW CUMBERLAND, PA 17070 719 COOLIDGE STREET NEW CUMBERLAND, PA 17070 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) Sharon C. Trostle 6680 North Silver Bell Road Richard L. Trostle Tuscon, AZ 85743 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 719 COOLIDGE STREET NEW CUMBERLAND, PA 17070 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 23, 2007 1? " ; DATE ANIEL G. SC ITM IEG, ESQ Attorney for Plaintiff A CENDANT MORTGAGE CORPORATION, F/K/A ERA MORTGAGE Plaintiff, V. SHANNON C. TROSTLE RICHARD M. TROSTLE Defendant(s). TO: SHANNON C. TROSTLE January 23, 2007 719 COOLIDGE STREET NEW CUMBERLAND, PA 17070 CUMBERLAND COUNTY No. 03-5610 CIVIL TERM RICHARD M. TROSTLE 719 COOLIDGE STREET NEW CUMBERLAND, PA 17070 "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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 719 COOLIDGE STREET, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $141,249.29 obtained by CENDANT MORTGAGE CORPORATION, F/K/A ERA MORTGAGE (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. 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 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, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT r COMMONWEALTH OF PENNSYLVANIA) N003-5610 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENDANT MORTGAGE CORPORATION, F/K/A ERA MORTGAGE, Plaintiff (s) From SHANNON C. TROSTLE AND RICHARD M. TROSTLE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from 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 $141,249.29 L.L. Interest FROM 12/2/03 TO 6/13/07 (PER DIEM - $23.22) - $29,930.58 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $834.79 Other Costs ADD'L COST $4,972.00 Plaintiff Paid Date: JANUARY 31, 2007 Curts R. Long onotary (Seal) By: 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 Real Estate Sale # 25 On February 13, 2007 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 719 Coolidge Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 13, 2007 9*a By: Cd4- Jb9Alttl 69?1 Real EstOe Sergeant bS Z I LOQI PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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: April 20, 27 & May 4, 2007 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. RN`TO AND SUBSCRIBED before me this 4 __day of May, 2007 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Ccrrirnis?-'M Expires P9arch REAL ESTATE SALE NO. 25 Writ No. 2003-5610 Civil Cendant Mortgage Corporation f/k/a Era Mortgage VS. Shannon C. Trostle and Richard M. Trostle Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in the Bor- ough of New Cumberland, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to Wtt: BEGINNING at a point, the North- east corner of Brandt Avenue and Coolidge Street as shown on the hereinafter mentioned plan of lots; thence Northeastwardly long the Northerly line of Coolidge Street, 72 feet to Lot No. 243, Section 4, on said plan; thence Northeastwardly along said Lot No. 243, Section 4, 140 feet to a 20-foot street, thence Southwestwardly along the South- ern line of said 20-foot street; 140.28 feet to the Easterly line of Brandt Avenue; thence Southeast- wardly along the Easterly line of Brandt Avenue 155.76 feet to the North side of Coolidge Street, the place of the Beginning. BEING Lot No. 244, Section 4, in the Plan of Cumberland Manor, as recorded in the Cumberland County Recorder's Office in Plan Book No. 3, Page 88. HAVING ERECTED THEREON a 1 1 /2 story masonry dwelling house known as 719 Coolidge Street, New Cumberland, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Richard Trostle and Shannon C. Trostle, his wife by deed from Barbara Jean Mackay, et a], dated 11/25/2002 and recorded 12/4/2002 in Record Book 254 Page 4154. Tax Parcel #26-23-0543-289. PROPERTY: 719 COOLIDGE STREET, NEW CUMBERLAND, PA 17070. .1 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 in the 18th and 25th day(s) of April and the 2nd day(s) of May 2007. 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#25 Sworn to and subscribed before me this 18th day of May 2007 A.D. COMUWVEALi•H Ur PENNSYLVANIA Notarial Seal Terry L. Russell, Notary ,Fub+ic City OP Harrisburg, Dauphin County Comm! 'on Expires June. 6, 2010 M ber. e lvanic r ?tj n %.f Rotaries NOT RY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 d 4d old fart t,wT,44 :11!1 Story 719CcdWF t 9