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HomeMy WebLinkAbout03-6034FEDERMAN 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 TIMOTHY J. O'BRIEN LISA A. O'BRIEN 38 MEADOWBROOK COURT NEW CUMBERLAND, PA 17070 Defendant(s) TERM CUM RL N cou L4 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 wrihng 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 judgrnent 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 File #: 74392 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 #: 74392 Plaintiff is CENDANT MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 The name(s) and last known address(es) of the Defendant(s) are: TIMOTHY J. O'BRIEN LISA A. O'BRIEN 38 MEADOWBROOK COURT NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 07/30/1999 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. 1561, Page 788. 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 11/01/2002 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 #: 74392 The following amounts are due on the mortgage: Principal Balance Interest 10/01/2002 through 11/11/2003 (Per Diem $27.00) Attorney's Fees Cumulative Late Charges (}7/30/1999 to 11/11/2003 Cost of Suit and Title Search Subtotal $121,508.85 10,989.00 850.00 256.93 $ 750.00 $134,354.78 Escrow Credit 0.00 Deficit 47.45 Subtotal $ 47.45 TOTAL $ 134,402.23 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event ora third party purchaser at Sheriff's 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 prov/ded 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $134,402.23, together with interest from 11/11/2003 at the rate of $27.00 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. By: FEDERMAI~ AND PHELAN, L.,LP//,/ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE File #: 74392 AIL TI~L~ C]~R~II~ tract of land with improvements ~her~on erected situat~ in Middlesex Town~hlp, Cumberland County, Pennsylvania, bottnded and de~-~ribed ~s follows, to wit: Lot bio. 13, Block "G', Plan of Jacob -~henk~ known as Cloverleaf Acres 1~'o. 2, said Plan of Lot. s being re~ordsd in said Becorder's Office in Plan l~ook 8, Page 43 (indicated as Lot G-13, Block ~A", Clovorle~fAcres in pctor deeds). ~LI~(~ the ~me premi~e~ which Donald ~. Diehl and Suzanno Diehl, husband and wlfe~ by thoir Deed dated l~ay 19, 1998'and recorded Clumbe~land County, Pennsylvania i~ D~ed Book 177, l~xe 796, ~a~t~d and cenv~yed unto ~eor~ W. Wer~ and Ma~ E. Wort, (}rantors her~in. BEING Klq01~I AS: 108 HILL DRIVE. VERIFICATION MARC J. HINKLE hereby states that he is V.P. of CENDANT MORTGAGE CORPORATION mortgage servicing agent for Plaintiffin 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 uuswom falsification to authorities. DATE: SHERIFF'S RETURN - CASE NO: 2003-06034 P COMMONWEALTH OF PENNSYLVD~NIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION VS OBRIEN TIMOTHY J ET AL OUT OF COUNTY R. Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: OBRIEN TIMOTHY J but was unable to locate Him deputized the sheriff of YORK serve the within COMPLAINT Sheriff or Deputy Sheriff who being search and in his bailiwick. County, - MORT FORE He therefore Pennsylvania, to On January 14th , 2004 , attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep York County 68.04 .00 93.04 o / 4/2oo FEDERMAN & PHELAN Sworn and subscribed to before me this ~ A~X- day of/d~"~'7 ~YOh~ A.D. Prothonotary t ' this office was in receipt of the SO answersL_.-~-~_- ~>~ ~ - R. Thomas Kl-lhe Sheriff of Cumberland County SHERIFF'S RETURN CASE NO: 2003-06034 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION VS OBRIEN TIMOTHY J ET AL OUT OF COUNTY R. Thomas Kline , duly sworn according to law, and inquiry for the within named DEFENDANT OBRIEN LISA A but was unable to locate Her deputized the sheriff of YORK says, that he made a diligent to wit: Sheriff or Deputy Sheriff who being search and in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On January 14th , 2004 attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 01/14/2004 FEDERMAN & PHELAN Sworn and subscribed to before me this ~/~ day of d~ ' ! J~t0} A.D. Prothonotary __ , this office was in receipt of the R/ Th6mas Kline=< Sheriff of Cumberland County SHERIFF'S CASE NO: 2003-06034 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLP~ND CENDANT MORTGAGE CORPORATION VS OBRIEN TIMOTHY J ET AL RETURN - REGULAR DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according says, the within COMPLAINT - MORT FORE was served upon OBRIEN TIMOTHY J DEFENDANT at 1920:00 HOURS, at 607 MARKET STREET NEW CUMBERLAND, PA 17070 TIMOTHY OBRIEN a true and attested copy of COMPLAINT - the on the 16th day of December , __ APT 2 by handing to MORT FORE together with to law, 2003 and at the same time directing ~is attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.42 Affidavit .00 Surcharge 10.00 .00 40.42 Sworn and Subscribed to before me this ~/.J _ day of ~//}~z~' .... -~2z~ A.D. ~Eothonotary So Answers: R. Thomas Kline 01/14/2004 FEDERMAN & PHELA/q Deputy Sheriff SHERIFF'S RETURN - CASE NO: 2003-06034 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPOP~ATION VS OBRIEN TIMOTHY J ET AL REGULAR ROBERT BITNER Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE OBRIEN LISA A DEFENDANT , at 2123:00 HOURS, on the at 656 WEST PENN STREET CARLISLE, PA 17013 LISA A OBRIEN a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 3rd day of December , 2003 by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 19.45 Sworn and Subscribed to before me this 2[~ day of 7 ~ Pkot honot ary ~ So Answers: R. Thomas Kline Ol/14/2oo4 FEDERMAN & PHELAN COUNTY OF YORK 1 o f OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 2 SERVICE CALL (717) 771-9601 INSTRUCTIONS PLEASE TYPE ONLY LINE :% THRU 12 DO NOT DETACH ANY COPIES 2 COURT NUMBER 03-6034 civ~] 4. T~PE OF WRIT OR COMPLAINT 1. PLAINTIFF/S/ CI!~I))ANT MORTGAGE CO~PO~ATION TIMOTHY J. AND LISA A. O'B~LIE~ MORTGAGE ~CLOS~  '~T~ ~; U" BRI~ ' ' ' ~ 6 ADDRESS (ST~T~O_~O~U~ N~O~ ~R, STATEANDZIPCODE) 7 INDICATE SERVICE: Q PERSONAL U PERSON ~N CHARGE ~OEPUT~ZE ~:1~ ~ 1ST CLASS MAiL Q POSTED Q OTHER NOW N~ [9 ,20 03 I, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of York . COUNT~ t~ execute this W~_~reo~g to law. This deputizatios being made at the request and risk of the plaintiff. OUT 0F COUNTY CUMBERLAND PL~E A~T S~CE AT L~T 3 ADVANCE FEE PAID BY ATTORNEY NOTE; ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy shedff levying upon or attaching any properly under within wdt may leave same without a watchman, in custody of whomever is fouod in possession, affer aotifyiag person of ~evy or at~chment, without Iiabili~ o~ ~e pad of such deputy or the sheriff to any plaintiff herein for any loss, des[ruction, or removal of any prope~y before shedffis sale thereof. CUMBERLAN~sl FF"S OFFICE SP~CE ~FOR USE OF THE SHERIFF ~ DO NOT WRITE BELOW THIS LINE orIm~a~t~i,d~t¢~ow., xRenda H. Ahrens / RAT 1[-20-2003 12-18-2003 PERSO~L~ RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFFICE ~ OTHER ( ) SEE RE~RKS BELOW 23. Advance Costs 24. Service Costs 25. N/F . ilea e 127. Postage 28. Sub Tefal 29. Pound 30. Notary 31, Surchg. 32. Tot. Cos 33. Co~sDue ck No. EV. c. 00 _, 34. ore g ounty Costs 3 . dvance Costs 36. Service Cos s 37. Notary ~ert. 38. Mileage/Posted/Not Found ~' '~ 39. Total Costs I 40. Costs Due or Refund 41,AFFIRMEOandsubscdbedtobeforemetbis Rth .~.~"~'~. / // ~/~"~/~-'a/~$~IE*~Z~ ~/? ~/. - City'~fY~'~°ta.rYP*ubtic J Sheriff ~111am N. HOse /~¢-/Z-¢~/'~ 31-08-04 ,//~~'~,~'~,~B I 4;' Signature of Foreign '¢~ - - 49. DATE cOUnTY Of YORK 2 o f OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 2. COURT NUMBER 03-6034 civil 4 TYPE OF WRIT OR COMPLAINT I PLAINTIFF/S/ CEIfl)ANT MORTGAGE CORPORATION 3 DEFENDANT/S/ TIMOI'nY J. AND LISA A. O'BRIEN MORTGAGE FOEECLOS[~.E SERVE /' 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, A~FACHED, OR SOLD LISA A. O'BEIEN 6. ADDRESS (STREET OR RFC WITH BOX NUMBER. APT NO. CITY, BORO. TWP. STATE AND ZIP CODE) 7 INDICATE SERVICE: [J PERSONAL L_I PERSON IN CHARGE ~ DEPUTIZE O CERT MAIL LJ 1ST CLASS MAIL [J POSTED LIOTHER NOW Nowmber §9 ,20 03 I, SHERIFF (~:~)F~;~UNTY, PA, do hereby deputize the sheriff of York COUNTY to execute t..hjs~:=~r,i~d.~a~'ke return the. red. Ii;cording to law. This deputization being made at the request and risk of the plaintiff. ..~'"~ .~¢/~,,~. /// · S H E R I F F'~ F~OF~C..~;~..~ 8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: 0 U T 0 F C 0C~rla~ U M B E R L A N D PLEASE A't'rF~PT SERVICE AT LEAST 3 TIMES -- ADVANCE FE~PAID BY ATTORNEY NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff lewing upon or attaching any properly under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the pad of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9 TYPENAMEandADDRESSofA~i-C~ Gl R ndSIG IURE ] / 103 CUMBERLAND COUNtry--SHERIFF'S OFFICE ~ SPACE BELOW FOR USE OF THE SHERIFF -- DO NOT WRITE BELOW THIS LINE 13. lacknowledgereceiptofthew~t 114. DATE RECEIVED 15. Expiration/HeabngDatE orcomp[aintasindicatedabove. Ronda M. Ahrens / RA:T ~ 11-20-2003 12-18-2003 16. HOWSERVED: PERSONAL( ) RESIDENCE( ) POSTED( ) POE( ) SHERIFF'SOFFICE( ) OTHER( } SEE REMARKS BELO¥ 7.~1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. name above. (See remarks below.) 1 8. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 1 9. Date of Service 20. ~me of Service 22121 ~:~ ,~t~ I;~ ~s ~.~ i~,~{!~ [T~e I~s ¢~1~ ,r~)~[ i~m~4~ ~)~'1 ~ Date ~me Miles Int Date ~me Miles Int I Date Time Miles 23. Advance Costs 24. Service Costs 25 N/F 26. Mileage 27 Po~tage 28. SubTotal 29. Pound 30. Notary 31, Surchg. 32. Tot. costs 33 CostsB~eorRef~nd Checkf 41. AFFIRMED and subscribed to before me this 8 th so ANSWERS 42. day(~f Jan. N~..;..~b~.[.2~iE~n3' PROT ~j,~...a~. Signatureof 45. DATE Dep. ShedffME .. L SSA a C, ,~,¢J ¢'~:R Nota .Signature of York , ~.~.~/~~ DATE RECEIVED O/F AUTHORIZED ISSUING AUTHORITY AND TITLE I 1. WHITE - Issuing Authority 2 PINK - Attorney 3 CANARY - Sher/fCs Office 4. BLUE - Sheriffs Office 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 t215~ 563-7000 CENDANT MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff, Vo TIMOTHY J. O'BRIEN LISA A. O'BRIEN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-06034 CIVIL 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 of the Plaintiff and against TIMOTHY J. O'BR1EN and LISA A. O'BRIEN, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest fi.om 11/11/03 to 2/19/04 TOTAL $134,402.23 $2,727.00 $137,129.23 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. 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 (715) ~63-7000 CENDANT MORTGAGE CORPORATION Plaintiff TIMOTHY J, O'BRIEN LISA A. O'BRIEN Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 2003-06034 TO: TIMOTHY J. O'BRIEN 607 MARKET STREET, APT 2 NEW CUMBERLAND, PA 17070 DATE OF NOTICE: FEBRIIAR¥ 4, 2004 FILE COPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SE3qT TO YOU IN AN ATTEMPT TO COLLECT THE llqDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEWED A DISCHARGE 1N 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 (7 l 7) 249-3 166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 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 (215) 563-7000 CENDANT MORTGAGE CORPORATION Plaintiff VS. TIMOTHY J. O'BRIEN LISA A. O'BRIEN Dcfendanls A~ITORNEY FOR PLAINTIFF : COURT OF COMMON PLF~S : CIVIL DMSION CUMBERLAND COUNTY NO. 2003-06034 TO: LISA A. O'BRIEN 607 MARKET STREET, APT 2 NEW CUWIBERLAND, PA 17070 DATE OF NOTICE: FEBRIIARY 4, 2004 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 RAVE 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. TIIIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYE1L 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 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 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 (215) 563-7000 CENDANT MORTGAGE CORPORATION Plaintiff TIMOTHY L O'BRIEN LISA A. O'BRIEN Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 2003-06034 TO: TIMOTHY J. O'BRIEN 556 WEST PENN STREET CARLISLE, PA 17013 DATE OF NOTICE: FEBRUARY 4, 2004 THIS F/RM 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 WRITFEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBSECTIONS 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 /N-FORMATION ABOUT HIRING A LAWYER. 1F 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 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 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 (715) 563-7000 CENDANT MORTGAGE CORPORATION Plaintiff Vs. TIMOTHY J. O~RIEN LISA A. O~R1EN Defendmats ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CML DMSION : CUMBERLAND COUNTY : NO. 2003-06034 TO: LISA A. O'BRIEN 556 WEST PENN STREET CARLISLE, PA 17013 DATE OF NOTICE: I~,BRUARY 4, 2004 THIS FIRM 1S A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMYF TO COLLECT THE /NDEBTEDNESS 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. CU!VflgERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - ~ASE NO: 2003-06034 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPOPJtTION VS OBRIEN TIMOTHY J ET AL REGULAR DAVID MCKINNEY , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE OBRIEN TIMOTHY J DEFENDANT , at 1920:00 HOURS, on the at 607 MARKET STREET APT 2 NEW CUMBERLAND, PA 17070 TIMOTHY OBRIEN a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 16th day of December 2003 by handing to - MORT FORE together with and at the same time directing His attention to the contents thereof~ Sheriff's Costs: Docketing 18.00 Service 12.42 Affidavit .00 Surcharge 10.00 .00 40.42 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline Ol/14/2oo FEDERMAN & PHEIJtN, Deputy Sheriff SHERIFF'S RETURN REGULAR CASE NO: 2003-06034 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION VS OBRIEN TIMOTHY J ET AL ROBERT BITNER Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 3rd day of December , __ by handing to together with says, the within COMPLAINT - MORT FORE OBRIEN LISA A DEFENDANT at 2123:00 HOURS, on the at 556 WEST PENN STREET CARLISLE, PA 17013 LISA A OBRIEN a true and attested copy of COMPLAINT - MORT FORE 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 19.45 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline 01/i4/2004 FEDERNLAN & PHELAN By: 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 4001 LEADENHALL ROAD Plaintiff, TIMOTHY J. O'BRIEN LISA A. O'BRIEN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-06034 CML 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 Conl0'ess of 1940, as amended. (b) that defendant TIMOTHY J. O'BRIEN is over 18 years of age and resides at, 607 MARKET STREET, NEW CUMBERLAND, PA 17070. (c) that defendant LISA A. O'BRIEN is over 18 years of age, and resides at, 556 WEST PENN STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom l~alsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ' ' ' ' LEGAL DESCRIPTION A I.~ THAT CERTAIN tract of tznd wi~ improven~n~ flm~m eree~d situate in Middle~ Town-hi.-, Cumbetlnnd Cooing, P~,~ylvania, bound~ and d~cribed as follows, to wit: LOT No. 1.3, Black 'O', Plan of Jacob $henk, known ~ Clov~l~f A~'es No, 2, s~d Plan of being meo~_~_ ht said Retort:let's Office in Plan ~ 8,/Sage 43 (indk~ted n~ LOt G-t3, Block Cloverleaf Acx~ in prior dee~). 'ffTLE TO SAIF.~ I~E-'MISES l,~ V'E,~'[/~(~ IN T'nnothy $. O'Brkm ~ L/sa A, O']h/eh. Ids wife by ~ from C, eorge W. Wm nmi Mary F~ We~t, Ids wife dnted 7/29/1999 and recorded 8f3II999 PROPERTY ADDRESS: 108 HELL DRIVE, CARLISLE, PA 17013 TAX PARCEL: # 21-18-1363 -008 (Rule of Civil Procedure No. 236) - Revised 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CENDANT MORTGAGE CORPORATION 4001 LEADENHALL ROAD Plaintiff, TIMOTHY J. O'BRIEN LISA A. O'BRIEN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 03-06034 CIVIL Notice is given that a Judgment in the above-captioned matter has been entered against you on Y;;g 200q. DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION I617 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.** FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JO/tN F. KENNEDY BLVD., SU/TE 1400 PHILADELPHIA, PA 19103-1814 (215) 5~3-7000 CENDANT MORTGAGE CORPORATION Plaintiff, TIMOTHY J. O'BRI~EN LISA A. O'BRIEN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS C/V/L DIVISION NO. 03-06034 CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) 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 unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CENDANT MORTGAGE CORPORATION Plaintiff, TIMOTHY J. O'BR1EN LISA A. O'BRIEN Defendant(s). No. 03-06034 CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 2/19/04 to JUNE 9, 2004 (per diem -$22,54) TOTAL $137,129.23 $2,501.94 and Costs $139,631.17 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. LEGAL DESCRIPTION ALI., TH. AT CERTAIN ~ of land with imI~. rov~aents ~ crec, i~d slttlale in Middl~eac Towasllip, Cumberland Colmly, P~amylva_-i~, ~ ~ deacr~i as follows, fo wit: LOT No. 1~, Black "(}', Plan of Jacob Sbenk, Imow~ a~ Clowrl~af A~es No, 2, ~ ~ o~ ~ TITLE TO SAIl} P~h'IMISI~ IS VE~ IN Thnothy .I. O'Bfien and Lisa A. O'Brien, his wife by Deed from Geor~ W. We~t and Mary It. Wect, ids wife dated 7/29/1999 and recorded $~/I999 bi Record B:aok 205, Page 151. PROPERTY ADDRESS: 108 HILL DRIVE, CARLISLE, PA 17013 TAX PARCEL: # 21-18-1363-008 WRIT OF EXECUTION anfl/or ATTACHMENT COMMONV~EALTH OF PENNSYLVANIA) NO 03-6034 Civil COUNTY OF CUMBERLAND) CIVIL ACTION LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENDANT MORTGAGE CORPORATION, Plaintiff (s) From TIMOTHY J. O'BRIEN AND LISA A. O'BRIEN (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 proper~y of the defandant(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. AmountDue $137,129.23 L.L. $.50 Interest FROM 2/19/04 TO 6/9/04 (PER DIEM - $22.54) --- $2,501.94 AND COSTS Atty's Corem % Due Prothy $1.00 AttyPaid $250.91 Other Costs Plaintiff Paid Date: FEBRUARY 25, 2004 (Seal) CURTIS R. LONG Prothonotary REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 191034814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No, 12248 Deputy CENDANT MORTGAGE CORPORATION Plaintiff, V. TIMOTHY J. O~BRIEN LISA A. O'BRIEN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL D/V/S/ON NO. 03-06034 CIVIL AFFIDAVIT 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 ,108 HILL DRIVE, 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) TIMOTHY J. O'BRIEN LISA A. O'BRIEN 607 MARKET STREET NEW CUMBERLAND, PA 17070 556 WEST PENN STREET CARLISLE, PA 17013 2. Nan~e 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: Nanle None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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) BENEFICIAL CONSUMER DISCOUNT COMPANY, D/B/A BENEFICIAL MORTGAGE COMPANY OF PA 419 STONEHEDGE DRIVE, SUITE 2 CARLISLE, PA 17013 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. NalYle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiffhas 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 108 HILL DRIVE 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 of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. February 24, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CENDANT MORTGAGE CORPORATION Plaintiff, TIMOTHY J. O'BRIEN LISA A. O'BRIEN Defendant(s). TO: TIMOTHY J. O'BRIEN 607MARKET STREET NEW CUMBERLAND, PA 17070 CUMBERLAND COUNTY No. 03-06034 CIVIL February 24, 2004 LISA A. O'BRIEN 556 WEST PENN STREET CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THATPURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOTREAFFIRMED, THIS IS NOTAND SHOULD NOTBE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY. ** Your house (real estate) at, 108 HILL DRIVE, CARLISLE, PA 17013, is scheduled to be sold at the SherifFs Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $137,129.23 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: 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. 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 CERTAVIq trac~ of land with i~rov~enls Rt~on erected situate in Middle~en~ Township, Cumberland County, P~msylvatfia, bounded and descried as follows, ~o wit: LOT No. 13, I~ock "O', Plan of Jacob Shenk, known as Cloverleaf A~res No. 2, said Plan of Lots being reaorded in. said Recordet's Office in Plan Book g, Page 43 (ind~ as Lot 0-I3. Block wA', C~overle~f Acres ~t pr~r deeds), TITLE TO SAID PREMISES IS VES'T~-T) IN Timothy ]. O'Brie~ and Lisa A. O'i~rien, his wife by Deed from C, eorge W+ We~t and Mary E. Weft, his wif~ dated 7/29/1999 and recorded 8/3/I999 in Rec~ Boot 205, Page PROPERTY ADDRESS: 108 HILLDRIVE, CARLISLE, PA 17013 TAX PARCEL: # 21-18-1363-008 FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTOrnEY FOR PLAINTIFF Cendant Mortgage Corporation : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. Timothy J. O'Brien Lisa A. O'Brien : CIVIL DIVISION : NO. 03-06034 PRAECIPE FOR RULE TO SHOW CAUS~ TO THE PROTHONOTARY: Kindly Defendant(s) should not be entered. enter a Rule upon Timothy J. O'BrJ. en and Lisa A. O'Brien, to show cause why the attached Order J_'or Reassessment of Damages FED~ A.ND~, L.L.P. Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Cendant Mortgage Corporation vs. Timothy J. O'Brien Lisa A. O'Brien ATTOP/qEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 03-06034 AFFIDAVIT OF SERVICE Daniel G. Schmieg, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on April 21, 2004. Timothy J. O'Brien 607 Market Street New Cumberland, PA 17070 Michael J. Hanft, Esquire 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 Lisa A. O'Brien 556 West Penn Street Carlisle, PA 17013 DATE: April 21, 2004 BY:Da~el ~. Schmieg, Esq~ire AttOrney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Cendant Mortgage Corporation vs. Timothy J. O'Brien Lisa A. O'Brien ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 03-06034 PLAINTIFF'S PETITION FOR REAS~Fg~ OF DAMAGES Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter, and in support thereof avers the following: 1. Complaint in Mortgage Foreclosure was filed on November 12, 2003. 2. Judgment was entered against Defendant(s) on February 20, 2004 in the amount of 137,129.23. 3. June 9, 4. Defendant (s) ' behalf since Defendant(s) have been given been made since the judgment, The mortgaged premises are listed, for Sheriff's Sale 2004. Additional sums have been incurred or expended on on the Complaint was filed and credit for any payments that have if any. The amount of damages should now read as follows: Principal Balance Interest Amount October 1, 2002 through June 9, Per Diem $26.63 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections MIP/PMI NSF Fees Suspense/Misc. Credits Appraisal/BPO Escrow Credit Deficit 2004 TOTAL 121,508.85 16,431.82 256.93 1,100.00 1,389.50 0.00 276.50 0.00 20.00 (0.00) 250.00 0.00 2,755.91 $143,989.51 5. Under the terms of the mortgage, which mortgage is recorded in the Office of the Recorder of Deeds in Book (#1561), Page (#788), Plaintiff is entitled to judgment in the amount as set forth in paragraph four herein against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess the damages as set forth above. At~6rney for Plaintiff -2- FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Cendant Mortgage Corporation vs. Timothy J. O'Brien Lisa A. O'Brien ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION : NO. 03-06034 BRIEF OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS ~AMA~ER I. BACK~ROUND OF CASE Plaintiff and Defendant(s) entered into a Promissory Note and Mortgage Agreement, wherein Defendant(s) agreed to pay Plaintiff principal, interest, late charges, real estate taxes, hazard insurance premiums and mortgage insurance premiums as said monies became due. In turn, Plaintiff's Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub judicia, Defendant(s) failed to abide by the Agreement by failing to tender numerous, promised monthly mortgage Accordingly, after Plaintiff determined that cure the default and bring the loan current, Foreclosure Action. Mortgage payments. Defendant(s) were not going to Plaintiff commenced a Mortgage Judgment was subsequently entered by the Court, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. ARgUMeNT FOB REASSES~M~T OF The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation..." In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa. Super 55, 59, Home Mortgage Corporation of the Southwest v. 1988). 142 A.2d 319, 321 (1958); Chase Good, 537 A.2d 22, 24 (Pa. Super In Chase Home Mortgage, the Court stated that where a judgment has been assessed following defendant's failure to file a responsive pleading in a mortgage foreclosure action, a mortgagee "...could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage's failure to comply with the terms of the mortgage agreement..." Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if Plaintiff went to sale without reassessing damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages will not be detrimental whatsoever to Defendant(s) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits that if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. AS the Court indicated in FI~4A v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff's Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff's judgment amount. May Term, 1986, NO. 2359 (CCP PHILA. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. By: an~ ~chmieg, Esquire Atto~ey for Plaintiff - 'i VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: April 21, 2004 FEDE~ PHELAN~~ By: II Dani~ G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Cendant Mortgage Corporation ATTORNEY FOR PLAINTIFF : (.~JMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION Timothy J. O'Brien Lisa A. O'Brien : NO. 03-06034 RULE AND NOW, this ~U~ day of ~ , 2004, a Rule is entered upon Timothy J. O'Brien and Lisa A. O'Brien, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. BY THE COURT: FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Cendant Mortgage Corporation vs. Timothy J. O'Brien Lisa A. O'Brien ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-06034 CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of May 27:n, 2004and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on May 7, 2004. Timothy J. O'Brien Lisa A. O'Brien 108 Hill Drive Carlisle, PA 17013 Michael J. Hanft, Esquire Date: May 7, 2004 FEDERMAN AND PHELAN, L.L.P Daniel G. Schmieg, Esc~lire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Cendant Mortgage Corporation Timothy J. O'Brien Lisa A. O'Brien : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION : NO. 03-06034 MOTION TO MAKE RULE ABSOLUT__E Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause abselute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1. That it is the Plaintiff in this action. 2. A Petition for Reassessment of Damages was filed with the Court on A~!l 26, 2004 and Rule was entered upon Defendant(s) Timothy j. O'Brien and Lisa A. O'Brien on A~Ap~_30' 2004 to show cause why the Order for Reassessment should not be entered. A true and correct copy of the Rule is attached hereto as Exhibit A. 3. The Rule to Show Cause was timely served upon all parties in accordance with the applicable Rules of Civil Procedure, and a Certification of Service is attached hereto B. 4. Defendant(s) failed to respond or otherwise plead to the Rule Returnable date of May~ 2004. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. By: ~.....~.. ffielgG. Schmieg, E~J~'e Attorney for Plai~ VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: June 1, 2004 AD~iel G. Schmieg, Esq~b~-/ ttorney for Pla~/ FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 .(215/ 563-7000 ATTO}~NEY FOR PLAINTIFF Cendant Mortgage Corporation vs. Timothy j. O'Brien Lisa A. O'Brien CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : NO. 03-06034 AND NOW, this ~0~ day of~ , 2004, a Rule is entered upon Timothy J. O'Brien and Lisa A. O'Brien, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. BY THE COURT: FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTO]~NEY FOR PLAINTIFF Cendant Mortgage Corporation vs. Timothy J. O'Brien Lisa A~ O'Brien COPY RETU CERTIFICATION OF SERVIOR : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION I, Daniel G. Schmieg, Esquire, NO. 03 -06034 t~'~ERMAN.AND PHE~ ATTORNEY FILE COPy ~;:~:ASE RETURN hereby certify that a copy of the Rule Returnable Date of ~ 27th, 200~4and a copy of Plaintiff,s Petition for Reassessment of Damages have been sent to the individuals indicated below on ~ 7, 2004. Timothy j. O'Brien Lisa A. O'Brien 108 Hill Drive Carlisle, PA 17013 Michael J. Hanft, Esquire ATTORNEY FILE COPY ¢q~ASE: RFTIJRk~ Date: May 7, 2004 FEDERMAN AND PHELAN, L.L.p Daniel G. Schmieg, TM Esquire - Attorney for Plaintiff FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Cendant Mortgage Corporation : CUMBERLAND COUNTY : COURT OF COMMON PLEAS rs. : CIVIL DIVISION Timothy J. O'Brien Lisa A. O'Brien : NO. 03-06034 ORDER AND NOW, this ~' day of ~._ 2004, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule entered upon Defendant(s) shall be and is hereby made absolute and Plaintiff's Petition is GRANTED and it is further ORDERED that the Prothonotary reassess the damages in this case as follows: Principal Balance Interest Amount October 1, 2002 through June 9, Per Diem $26.63 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections MIP/PMI NSF Fees Suspense/Misc. Credits Appraisal/BPO Escrow Credit Deficit TOTAL 2004 121,508.85 16,431.82 256.93 1,100.00 1,389.50 0.00 276.50 0.00 20.00 (0.00) 250.00 0.00 2,755.91 $143,989.51 Plus interest per diem from June 9, 2004 through Date of Sale at percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. CO~T~ J. six (6%) FEDERMAiqD=ND PHELA/q, LLP. by: Daniel G. Schmieg, Esquire Arty, I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Cendant Mortgage Corporation : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION Timothy J. O'Brien Lisa A. O'Brien : NO. 03-06034 MOTION TO MAKE RULE ABSOLUTE Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1. That it is the Plaintiff in this action. 2. A Petition for Reassessment of Damages was filed with the Court on ADril 26, 2004 and Rule was entered upon Defendant(s) Timothy J. O'Brien and Lisa A. O'Brien on ADril 30, 2004 to show cause why the Order for Reassessment A true and correct copy of the Rule is attached hereto should not be entered. as Exhibit A. 3. The Rule to Show Cause was timely served upon all parties in accordance with the applicable Rules of Civil Procedure, and a Certification of Service is attached hereto B. 4. Defendant(s) failed to respond or otherwise plead to the Rule Returnable date of May 27, 2004. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. FEDERMu~ D/qD P~EL~, L.L.P. D~WielQ~. Schmieg, E_~e Attorney for Plai~ VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: June 1, 2004 D~diel G. Schmieg, Attorney for Pla~..~'~ Exhibit A FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Cendant Mortgage Corporation vs. Timothy J. O'Brien Lisa A. O'Brien ATTORNEY FOR PLAINTIFF APR Z 8 200~ CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 03-06034 RUL~ AND NOW, this ~0~ day of~ 2004, a Rule is entered upon Timothy J. O'Brien and Lisa A. O'Brien, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. BY THE COURT: Exhibit B FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Cendant Mortgage Corporation : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION Timothy J. O'Brien Lisa A. O'Brien : NO. 03-06034 ~ R~RN I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of May 27th, 2004and a copy of Plaintiff' s Petition for Reassessment of Damages have been sent to the individuals indicated below on May 7, 2004. Timothy J. O'Brien Lisa A. O'Brien 108 Hill Drive Carlisle, PA 17013 Michael J. Hanft, Esquire ATTORNEY FILE COPY PleASE Date: Play 7, 2004 FEDERMAN AND PHELAN, L.L.P Daniel G. Schmieg~ ~.sc!uire Attorney for Plaintiff F'I.;DERMAN AND PHELAN BY: FKAN-K FEDEILMzMN, ESQUIRE ATTORNEY I.D. NO. 12248 ONE PEN~~N CENTER AT SUq3URBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION Vs. TIMOTItY J. O'BRIEN LISA A. O'BRIEN ATFORNEY FOR PI_A[NTIFF COURT OF COMMON PLEAS CIVIL DWISiON NO: CI-02-0896'a' CLIMBERLAND cOUNTY NO. 03-06034 CIVIL MOTION FOR POSTPONEIVlENT OF S}I~;RIFF'S SALE Plaintiff, by its counsel, Federman and Phelan, petitions this Honorable Court for a TWO month postponement of its Sheriff' s Sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriff's Sale of the mortgaged property involved herein has been scheduled for ~.Y~7 2oo~. 2. The mortgage relative to this matter is insured by the Secretary of Veterans Affairs. 3. The Secretary of Veterans Affairs is responsibh: for issuing the bid price of the property to the PlaintiffpriOr to the Sheriff's Sale. An appraisal[ of the property must be completed prior to the issuance of this bid. 4. A TWO month postponement of the Sheriff's Sale will enable the Plaintiff to have the required appraisal completed and the Secretary of Veterans Affairs to issue a bid price of the property. VqIIEREFORE, Plaintiff respectfully requests that the Sheriff's Sale of the mortgaged premises be continued to SEPTEMBER 8~_2004 [)ale Shugart, ~utrJt for / FRANK FEDERMFdN, EgQUI[RE ATTORNEY FOR PLAINTIFF FEDERMAN AND PHELAN BY: FR_/kNK FEDERMAN, ESQUIRE ATTORNEY I.D. NO, 12248 ONE PENN CENTER AT SUBURBAN STATION', SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563 -7000 CENDANT MORTGAGE CORPORATION Vs. TIMOTHY J. O'BRIEN LISA A. O'BRIEN ATTORNEY FOR PLAINTIFF COURT OF COM2V[ON PLEAS CIVIL DiVISION NO: CI-02-08964 CUMBERLAND COUNTY NO. 03-06034 CML PLALNTIFF'S MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 3129.3 provides for the postponement of a Sheriffs Sale of real property by special order of Court. In the case sub judicia, a Sheriffs Sale of the mortgaged premises has been scheduled lbr JULY 7, 2004. However, a TWO month postponement is required to enable the Plaintiffto pertbrm an appraisal of the property. The appraisal is needed by the Secretary of Veteran's Allah's in order to calculate an accurate bid price of the mortgaged premises for the Sheriffs Sale. Inasmuch as the postponement will inure to the benefit of the Defendant(s), Defendant(s) will not be injured by the granting of the relief requested. Accordingly, Haintiff respectfully requests a TWO month continuance of the Sheri£t~s Sale of the mortgaged premises to the SEPTEMBER 8~_2004 Sheriffs Sale,. Respectfully submitted: Fedennm~ and~el~ f Dale Shugm~, Esq0~r,c~or/ FRANK FEDER.~squire Attorney for Plaintiff VERIFICATION Frank Federman, Esquire, hereby states that he is the attorney £or thc plaintiff in this action, that he is authorized to take this verification, and that the statements made in the foregoing Motion for Postponement of Sheriff's Sale are true and correct to the best of his knowledge, information and belief. The undersigned also understands that tlhs statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to ;mswom falsification to a~thoritics. Date: JULY 7,2004 Dale :shugart, Esqu'k-ee/f~dr FRANK FEDERMAN~, ESQUIRE ATTORNEY FOR PLAINTIFF ~FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIILE ATI'ORNEY I.D. NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (2 t 5) 563-7000 CENDANT MORTGAGE CORPORATION Vs. TIMOTHY J. O'BRIEN LISA A. O'BRIEN ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS C]~ DIVISION NO: CI-02-08964 CUMBERLAND COUNTY NO. 03-06034 CIVIL CERTIFICATION OF SERVICF. I, Frank Federman, Esquire, hereby certify that a copy of the Motion to Postpone Sheriff's Sale relative to the above matter has been sent to the individuals indicated below on ~J~J~LY 7, 2004. TIMOTHY J. O'BRIEN LISA A, O'BRIEN 108 HILL DRIVE CARLISLE, PA 17013 FRANT,2 FEDERMAN, ESQUIRE A~TORNEY FOR PLAiNTIFF JULY 7, 2004 FEDERMAN AND PHELAN BY: FR/UNrK FEDERMAN, ESQUIILE ATTOR2NEy I.D. NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION Vs. TIMOTHY J. O'BRIEN LISA A. O'BRIEN ATFORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO: CI-02-08964 CU-MBERLAaND COUNTY NO. 03-06034 CIVIL MOTION FOR POSTPONEMIENT OF SI~'.RIFF'S SAI Plaintiff, by its counsel, Federman and Phelan, petitions this Honorable Court for a T_.WO month postponement of its Sheriff's Sale scheduled in thc above captioned matter and in support thereof avers the following: 1. A Sheriff's Sale of the mortgaged property involved herein has been scheduled for JULy 7 200~. Affairs. The mortgage relative to this matter is insured by the Secretary of Veterans 3. The Secretary of Veterans Affairs is responsible for isstling the bid price of the property to the Plaintiffprior to the Sheriff's Sale. An appraisal of'the property must be completed prior to the issuance of this bid. 4. A .TWQ month postponement of the Sheriff's Sale will enable the Plaintiff to have the required appraisal completed and the Secretary of Veterans Affairs to issue a bid price of the property, WHEREFORE, Plaintiffrespectfully requests that the She:r/fff s Sale of the mortgaged premises be continued to SEPTEMBER 8 2004 FEDERM~AN ANI) P~HI~I~N Dale Shugart, ~u~ fj~- - FRANK FEDERMF. N, E gQUllP. E ATTOI[kNEy FOR PLAINTIFF FEDERMAzN AND PHELAN BY: FRANK FEDERMAN, ESQUII{E ATTORNEy I.D. NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SU'ITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563 -7000 CENDANT MORTGAGE CORPORATION Vs. TIMOTHY J. O'BRIEN LISA A. O'BRIEN ATTOR.NEy FOR PLAINTI~FF COURT OF COMMON PLEAS CIVIL DIVISION NO: CI-02-08964 CUMBERLAND COUNTY NO. 03-06034 CML PLALNTIFF,S MEMORANDUM OF~LAW Pennsylvania Rule of Civil Procedure 3129.3 provides for the postponement of a Sherif£s Sale of real property by special order of Court. In the case sub judicia, a ShediTs Sale of the mortgaged premises has been scheduled JULY 7, 2004. However, a _.TygQ month postponement is required to enable the Plaintiffto perform an appraisal of the property. The appraisal is needed by the Secretary of Veteran's Affairs in order to calculate an accurate bid price of the mortgaged premises fbr the ,Sheriffs Sale. Inasmuch as the postponement will inure to the benefit of the Defendant(s), Defendant(s) will not be injm:ed by the granting of the relief requested. Accordingly, Plaintiff respectfully requests a _TWO month continuance of the SherifPs Sale &the mortgaged premises to the SEPTEMBER 8 2004 Sherif£s Sale. Respectfully subn~tted: Federman ~,md~elan/'~ Dale Shug~t% Esq0'~94~or/ -- FRANK FEDER1V~squire Attorney for Plaintiff _VERIFICATION Frank Federman, Esquire, hereby states that he is the attorney for the plaintiff in this action, that he is authorized to take this verification, and that the statements made in the foregoing Motion for Postponement of Sheriff's Sale 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. Date: JULY 7,200~4 ATFORNEY FOR PLAINTIFF ,FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE ATTORNEY I.D. NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE i400 PHII,ADELPHIA, PA 19103-1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION Vs. TIMOTHY J. O'BRIEN LISA A. O'BRIEN ATTORNEy FOR PLABN'TIFF COURT OF COMMON PLEAS CIVIL DIVISION NO: CI-02-08964 CUMBERLAND COUNTy NO. 03-06034 CIVIL _CERTI~TCATION OF SERVIC~.E I, Frank Federman, Esquire, hereby certify that a copy o:[' the Motion to Postpone Sheriff's Sale relative to the above matter has been sent to the individttals indicated below on JULY 7 20~QQ~04. TIMOTHY J. O'BRIEN LISA A. O'BRIEN 108 HILL DRIVE CARLISLE, PA 17013 JULY 7, 2004 Dale~ -- FR.A/NK FEDERMAN, ESQUIRE ATTORNEY FOR PLAINTIFF FEDER2VIAN AND PHELAN BY: FRANK FEDElhMAN, ESQUIRE ATTORNEY I.D. NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1514 (2 l 5) 563-7000 CENDANT MORTGAGE CORPORATION Vs. TIMOTHY J. O'BRIEN LISA A. O'BR1EN NO. 03-06034 CIVIL ATtORNEy FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO: CI-02-08964 CUMBERLAND COUNTY ORDER AND NOW, this 3' day of ~ , ~Y , after consideration of Plaintiff's Motion to Postpone Sheriffs Sale of the mortgaged property, it is hereby ORDERED that the said sale is extended TWO month(s) to the regularly scheduled ~ County SheriWs Sale dated SEPTEMBER 8, 2004. No further advertising or additional notice to lienholder or defendant(s) is required. BY TH2E COURT: COMMONWEALTH OF PENNSYLVANIA ~ COUNTY OF CUMBERLAND SS: I, Robert P. Zieeler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Secretary of Veterans Affairs is the grantee the same having been sold to said grantee on the 8_~_th day of Sept A.D., 2004, under and by virtue of a writ Execution issued on the 25th day of Feb, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 6034, at the suit of Cendant Mte Corp against Timothy J O'Brien & Lisa A is duly recorded in Sheriff's Deed Book No. 265, Page 2350. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of ~~ , A.D2004 Recorder of Deeds' Cendant Mortgage Corporation VS Timothy J. O'Bfien and Lisa A. O'Brien In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-6034 Civil Term Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on March 01, 2004 at 5:37 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Timothy J. O'Brien, by making known unto Timothy J. O'Brien, personally, at 607 Market Street, #2, New Cumberland, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the san~e. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on March 01, 2004 at 8:22 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Lisa A. O'Brien, by making known unto Lisa A. O'Brien, personally at 556 West Penn Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2004 at 1:46 o'clock P.M., he posted a true copy of the within Real Estate Wr/t, Notice, Poster and Description, in the above entitled action, upon the property of timothy J. O'Brien and Lisa A. O'Brien located at 108 Hill Drive, 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 Sheriffmailed a notice of the pendency of the action to the within named defendant, to wit: Timothy J. O'Brien, by regular mail to his last known address of 607 Market Street, #2, New Cumberland, PA 17070. This letter was mailed under the date of April 06, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriffwho 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: Lisa A. O'Brien, by regular mail to her last known address of 556 West Penn Street, Carlisle, PA 17013. This letter was mailed under the date of April 06, 2004 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 September 08, 2004 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to Attorney Frank Federman for Secretary of Veterans Affairs, an Officer of the United States of America. It being the highest bid and best price received for the same, Secretary of Veterans Affairs, an Officer of the United States of America of 1000 Liberty Avenue, Pittsburgh, PA 15222, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $692.81. Sheriff's Costs: Docketing $30.00 Poundage 13.19 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 18.63 Levy 15.00 Surcharge 30.00 Law Journal 177.05 Patriot News 203.68 Postpone Sale 40.00 Share of Bills 29.26 Distr/butio~ of Proceeds 25.00 Sheriff's Deed 39.50 $ 692.81 Sworn and subscribed to before me This /! ~ day of 2004, A.D. -rxomu~notary R. Thomas Kline, Sl~eriff Real Estatq.~Deputy CENDANT MORTGAGE CORPORATION Plaintiff, TIMOTHY J. O'BR1EN LISA A. O'BRIEN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-06034 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CENDANT MORTGAGE CORPORATION, Plaintiffin the above action, by its attorney, FRANK FEDERMAN, ESQU1RE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,108 HILL DRIVE, 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) TIMOTHY J. O'BRIEN LISA A. O'BRIEN 607 MARKET STREET NEW CUMBERLAND, PA 17070 556 WEST PENN STREET 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: Salne None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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) BENEFICIAL CONSUMER DISCOUNT COMPANY, D/B/A BENEFICIAL MORTGAGE COMPANY OF PA 419 STONEHEDGE DRIVE, SUITE 2 CARLISLE, PA 17013 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 plaintiffhas 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 108 HILL DRIVE 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 of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. February 24, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CENDANT MORTGAGE CORPORATION Plaintiff, TIMOTHY J. O'BRIEN LISA A. O'BRIEN Defendant(s). TO: TIMOTHY J. O'BRIEN 607MARKET STREET NEW CUMBERLAND, PA 17070 CUMBERLAND COUNTY No. 03-06034 CIVIL February 24, 2004 LISA A. O'BRIEN 556 WEST PENN STREET CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THA T 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 ANATTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINSTPROPERTY, ** Your house (real estate) at, 108 HILL DRIVE, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $137,129.23 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: 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 calk (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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full mount 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 fight 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 with'm 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 LOT No. 13, [liock 'O', ~ of,lacob Shenk, known ~ Clo~l~f A~es No, 2, said Plan of Lo,a being reco~ in said Ill~;orde~'s Office i~ Plan ~ I, ~ 4~ (iadk;a~ as Lo! iL13, Block 'A', Cloverleaf Acn:s ia prlor deeds), TITLE TO SA~rl l~al~ ls V~sr~t) IN T'm~otlr~ I. O'Bg~n and Lisa A. O'Brka, l~a ~ by Deed from C~or~ W. Weft sad Mar~ E. Weft, his wiib dated ?/2911999 a~d rawtded 8/3/I999 in Rec~d Boak :10.5, Page 151. PROPERTY ADDRESS: 108 HILL DRIVE, CARLISLE, PA 17013 TAX PARCEL: # 21-18-1363-008 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-6034 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENDANT MORTGAGE CORPORATION, Plaintiff (s) From TIMOTHY J. O'BRIEN AND LISA A. O'BRIEN (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 garrdshee, you are directed to notify him/her that he/she has been added as a ganfishee and is enjoined as above stated. Amount Due $137,129.23 L.L. $.50 Interest FROM 2/19/04 TO 6/9/04 (PER DIEM - $22.54) -- $2,501.94 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $250.91 Other Costs Plaintiff Paid Date: FEBRUARY 25, 2004 (Seal) CURTIS R. LONG Prothonot];~ Deputy REQUESTING PARTY: 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 Real Estate Sale #26 On March 01, 2004 the sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland Cotmty, PA Known and numbered as 108 Hill Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 01, 2004 By:k_i5 C~[ %~ta~/~/q Real Estate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct 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 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 27th day(s) of April and the 4th and 11th day(s) of May 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 es 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 Coun~ook "M", Volume 14, Page 317. PUBLICATION COPY Sworn to and~eforelm//t//e~s ~j~h day o/~/M/ayx~ A.D. r L. Russell, NolaW Public ;~ Hardsburg, Dauphin County I . __Z/_ ~ ~ · - ~ ~oo61 NOTARYgUBUC ~ My Commission ~ptres ~ne , iilembet, penns¥1.1nnlaAsso¢lationolNotafles 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 Publisher's Receipt for Advertising Cost $ 203,68 The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. 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 thc Borough of Carlisle in thc 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 thc said Cumberland Law Journal on the following dates, viz: APRIL 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 tree. REAL ESTATE SALE NO. 26 Writ No. 2003-6034 Civil Cendant Mortgage Corporation VS. Timothy J. O'Brien and Lisa A. O'Brien Atty.: Frank Fgderman LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with improvements lhereon erected situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: LOT No. 13, Block ~O", Plan of dacob Shenk, known as Cloverleaf Acres No. 2, sald Pi,Tn of Lots being recorded in said Recorder's Office in Plan Book 8, Page 43 (indicated its Lot G-13, Block 'A", Cloverleaf Acres in prior deeds). Uisa Marie Coy~;fe, Editor SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 LOIS E, SNYBER, Notary Public Cadislo Bom, Cumberland County My Commission Expires Mamh 5, 2005