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Home My WebLink About04-0448FEDERMAN 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 ATTOKNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION 4001 LEADENFIALL ROAD MOUNT LAUREL, NJ 08054 COURT OF COMMON PLEAS CiVIL DiVISION Plaintiff PAMELA K. SCHAFFNER 634 ALLEN STREET NEW CUMBERLAND, PA 17070 Defendant(s) TERM NO. 0¢- 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 arc 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 HHLE 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#: 86723 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 UoS.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. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File#: 86723 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: PAMELA K. SCHAFFNER 634 ALLEN STREET NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 09/24/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CENDANT MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1774, Page 5009. By Assignment of Mortgage recorded 3/10/2003 the mortgage was assigned to BISHOPS GATE RESIDENTIAL MORTGAGE FUND which Assignment is recorded in Assignment of Mortgage Book No. 695, Page 763. By Assignment of Mortgage recorded 3/10/2003 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 695, Page 770. 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 09/01/2003 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 #: 86723 6, The following amounts are due on the mortgage: Principal Balance Interest 08/01/2003 through 02/02/2004 (Per Diem $26.15) Attorney's Fees Cumulative Late Charges 09/24/2002 to 02/02/2004 Cost of Suit and Title Search Subtotal $144,805.91 4,863.90 1,250.00 147.76 $ 550,00 $151,617,57 Escrow Credit 0.00 Deficit 253.10 Subtotal $ 253.10 TOTAL $151,870.67 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $151,870.67, together with interest from 02/02/2004 at the rate of $26.15 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: FRANK/~ D ET~ SA.~:~~ LAWRENCE T, PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 86723 ALL THAT CERTAIN lot of land situate in the Borough of New Cumber/and, Coanty of Cumberland, and ~,~ate of Pexmsylvania, more partic~,l~dy bounded and described as follows, to wit: BEG'RqNINO at a point on the south side of Allen Street (50 feet wide), said point being 1100 feet measured along the south side of Allen Street in an easterly direction from Park Avenue at comet of land now or formerly of Dan D. Caimotto; thence, along said Caimotto !~nd, South 6 d~grees 17 minute~ West, a dislmace of 110 feet to a point; the, nee South 83 degrees 43 minutes Fast, a distance of 100 feet to land now or formerly of Howard 3'. MeIntym; thence North 6 degrees 17 minutes East alang said M¢Intyre land, a distauc¢ of 110 feet to the south side of Allen Su'eet; thence along tho soutlo side of Allen Street, North 83 degrees z~3 minutes West, a d~;tanee of 100 feet w the place of'BEOINNING. HAVINO :;hereon erected a single dwelling house known as No. 634 filler, Stxeet, New Cumberland, Penaaylvania. BHING the sam~ pr~nises which Stephen Coslett, Executor under the Will of Patricia D. Andexsou, by his ~leed dined May 7, 1997 and recorded May 30, 1997 in the Office of the Recorder of DeMs in and for Cumberland County, Pennsylvania, ia Deed Book 158 at page 537, granted and conveyed unto O~aaldine Anderson, Grantor herein, VERIFICATION MARC $. HINKLE hereby states that he is V.P. of CENDANT MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this mat~er, 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 lmowledge, information and belief.. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: SHERIFF'S RETURN - CASE NO: 2004-00448 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPOP~ATION VS SCHAFFNER PAMELA K REGULAR VALERIE WEARY , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE SCHAFFNER PAMELA K DEFENDANT at 1855:00 HOURS, at 634 ALLEN STREET NEW CUMBERL~_ND, PA 17070 JOHN SCHAFFNER, SPOUSE a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 4th day of February., 2004 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 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this /~ day of ' /Prothonotary So Answers: R. Thomas Kline 02/05/200 FEDERMJ%N & PHELAN Deputy Sheri~i~f FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff, PAMELA K, SCHAFFNER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-448 CIVIL 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 PAMELA K. SCHAFFNER, 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 Plaintiff's damages as follows: As set forth in Complaint Interest from 2/3/04-3/9/04 TOTAL $151,870.67 $941.40 $152,812.07 1 hereby certify that (1) the addresses of the Plaintiffand Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 23 7.1, copy attached. FRANK FEDERMAN, ESQUII~E 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 (21.5) 56%7000 CENDANT MORTGAGE CORPORATION Plaintiff PAMELA K. SCHAFFNER Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DMSION : CUMBERLAND COUNTY : NO. 04~48 CIVIL TO: PAMELA K. SCHAFFNER 634 ALLEN STREET NEW CUMBERLAND, PA 17070 DATE OF NOTICE: FEBRUARY 2% 2004 FILE COPY 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 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff REGULAR SHERIFF'S RETURN - CASE NO: 2004-00448 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION VS SCHAFFNER PAMELA K VALERIE WEARY Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE SCHAFFNER PAMELA K DEFENDANT , at 1855:00 HOURS, on the at 634 ALLEN STREET NEW CUMBERLAND, PA 17070 JOHN SCHAFFNER, SPOUSE a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 4th day of February , 2004 by handing to - MORT FORE _ together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18 Service 11 Affidavit Surcharge 10 39 00 73 0O O0 0O 73 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline 02/05/2004 FEDERMAN a PHELAN By: Deputy Sheri~ff'f 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, PAMELA K. SCHAFFNER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-448 CIVIL 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) tbat defendant PAMELA IL SCHAFFNER is over 18 years of age and resides at 634 ALLEN STREET, NEW CUMBERLAN, PA 17070. This statement 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 Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center aC'Last Name Irirst Middle ]Begin Date IActive Duty StatusSCHAFFNER Currently not on Active Military Duty, based on the Social Security Number and last nmne provided. MAR-08-2004 07:20:26 Service/Agency Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. Kenneth C. Scheflen, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please send an e-mail to sscra, he[od_esk~osd.pentagon.mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https://www.dmdc .osd.mil/udpdri/owa/sscra.prc_Select 3/8/2004 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SU/TE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION Plaintiff, V. PAMELA K. SCHAFFNER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-448 CML 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 unswom falsification to authorities. FRANK FEDERMAN, ESQU1RE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CENDANT MORTGAGE CORPORATION Plaintiff, PAMELA K. SCHAFFNER Defendant(s). No. 04-448 CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 3/10/04 to JUNE 9, 2004 (per diem -$25.12) TOTAL $152,812.07 $2,311.04 and Costs $155,123.11 FRANK FEDI~RMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kermedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL RAT CERTAIN lot of IN situate in the ~lorough of New Ctunbertand. County of C~.mlberland and State of Penmylvm~a mo~e par~cuiarly bounded and des~ibed a~ follows, to wit: B~GI~NING ~t a point on llw South ~ia~ of AIl~n S~t (~ f~t w~) ~d ~i~ ~i~ 11~ ~ land ~w ~ f~ly of D~ D. Caim~to; ~c~, al~g ~ ~o~ ~d, ~ fi ~g~ 17 nfi~ We~, a d~ of Il0 f~ to a ~; ~ ~uih 83 ~g~s 43 m~ws ~ a d~ of 1~ ~ ~ 1~ ao~ or folly of Ho~ L Mclmyre; ~ N~h 6 de~ 17 ~ ~l al~g ~aid Mcla~ ~od, a di~ of I J0 ~ ~ lhe ~u~ s~e of AIi~ S~t; th~ aloa~ ~ ~ ~ of Alan ~, Hor~ 83 d~ 43 minuies We~, a di~ of ~ f~ m &e pla~ of ~iug~ HAVING thorenn crated a singt~ dweHiug house Icnown a~ No. 634 Alien Street, New CtL. rtbedancl, .!~-~ylvanh. TITLE TO SAID PREMISES IS VE.~;TED IN Pamela K. Schaffner by Deed froG1 Geraldine Ar, do'~on, singl~ pea-~on dated 9/18/2002 and r~conic~d 9/30/2002 in Deed Book 253 page: 3970. Tax Parcel #2.%24-081 t-451 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO04-448 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERJFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENDANT MORTGAGE CORPORATION Plaintiff (s) From PAMELA K SCHAFFNER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) (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 pr~perty ~f the defendant(s) n~t ~evied up~n an subject t~ attachment is f~und in the p~ssessi~n 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 DueS 152,812.07 L.L.$0.50 Interest 3/10/04 TO JUNE 9,2004 (PER DIEM-S25.12) $2,311.04 AND COSTS Atty's Corem % Due Prothy $1.00 Arty Paid $121.73 Plaintiff Paid Date: MARCH 9, 2004 (Seal) Other Costs CURT1S R. LONG Prothonotary 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 CENDANT MORTGAGE CORPORATION Plaintiff; PAMELA K. SCHAFFNER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-448 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) CENDANT MORTGAGE CORPORATION, Plaintiff in the above action, by its attomey, 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, 634 ALLEN 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) PAMELA K. SCHAFFNER 634 ALLEN STREET NEW CUMBERLAN, 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 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: Nalne 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 caunot 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 634 ALLEN STREET NEW CUMBERLAND, PA 17070 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 tree 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 ell8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 8, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff CENDANT MORTGAGE CORPORATION Haintiff, PAMELA K. SCHAFFNER Defendant(s). TO: PAMELA lC SCHAFFNER 634 ALLEN STREET NEW CUMBERLAN, PA 17070 CUMBERLAND COUNTY No. 04-448 CIVIL March 8, 2004 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR TI-IA 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 ONL Y ENFORCEMENT OF A LIENAGAINST PROPERTY ** Your house (real estate) at, 634 ALLEN STREET, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriff's 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 $152,812.07 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 maybe 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 (masons why the proposed distribution is wrong) are filed with the Sheriffwithin 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 TItE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL TItAT CERTAIN 1o! of 1~ ~imale in l~e l~magh of New Cumberland. County of Cumbetla~l and Stole of P~nmylvania mor~ pm~icalarly bounded ~d described I~ follows, ~o BEGINNING at a point on the ,~outh ~ide of Allea Stte~-'t (~ ~t w~) ~i~ ~im ~iP~ 11~ ~ ~u~ ~g t~ $~ a~t ~ MI~ S~ M ~ ~ly d/r~n ~m P~k A~ at ~m~ of la~ now ~ fo~ly of ~ D. Cai~t~; ~o~, ~g ~M ~mo~ ~, ~ 6 ~g~ 17 ~ We~, a d~ of 110 f~t m a ~t; ~ ~uth 83 dag~s 43 m~u~a ~ a d~ Of 1~ f~ ~ ~ nOW Or folly of HO~ J. Melmyre; t~ N~ 6 d~ 17 ~ ~t al~g of AI~ S~l, Norlh 8~ d~ 43 minuma We~, a di~ of I~ f~t {u the pla~ of ~inning. HAVING ~oreon crated a singl~ dwelling house tmown as No. 634 Allen Street, New Camberlaad, l~n~lsylvania. TITLE TO SAiD PREMISES. IS VESTED IN Pamela K. Schaffltet by Deed from Geraldine ,amdcr~on, singl~ person dated 9/18/2002 and recorded 9/30/2002 in Deed Book 253 paSe 3970. Tax Parcel ~L'$-24-0811-43! AFFIDAVIT OF SERVICE PLAINTIFF CENDANT MORTGAGE CORPORATION DEFENDANT(S) PAMELA K. SCHAFFNER SERVE PAMELA K. SCHAFFNER AT 634 ALLEN STREET NEW CUMBERLAN, PA 17070 CUMBERLAND COUNTY PJT No. 04-448 CIVIL ACCT. #86723 Type of Action - Notice of Sheriff's Sale Snle Date: JUNE 9, 2004 SERVED Served and made known to ~av.~e.~x''~, ~, '=3c_~-~-~¢~{.. ,Defendant, onthe at ~ 'rT, oclockZ.~,at ~34 ~/[q~ 6~, of Pe~ylva~a, ~ the ~er described below: ~ Defen~nt perso~lly se~ed. ~Adult f~ly member wi~ whom Defen~t(s) reside(s). Rehfiomhp ~ ~Adult h c~ge of Defen~s)'s residence who rehsed to give ~me or relatio~hp. ~ M~ger/Clerk of place of lodghg in which Defen~t(s) reside(s). Agent or person ~ c~rge of Defen~t(s)'s o~ or us~l place of b~mess. an o~cer of said Defendan~s)'s co,any. ~ O~er: Jb s Description: Age ,~ Height~ Weight J~ff Race ~ Sex ff 17 PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE I day of ~a.~[ ~n , 200~2~ · Commonwealth __ Other b[°~, ~/~$ Se~ I~ ~ [~',~' c~- ~, ~-_~9'g-kI ,,'~Uv, a cometent adult, being duly sworn accord~g to law, depose and state t~tI personally Mnded a ~e ~d co~ect copy of ~e Notice of ShefiW s Sale ~n the ~er as set fo~ hereuh tssued m the captioned case on the ~te and at the address ~dicated above. ~ ~~ ~-~ Sworn to and subscribed I ~ I ~ H. ~, ~ ~ I befqr~ me ~his /~/~day ~~~~~ or ~<~ ,200~ ~ Nota~: ~ By: }A~ES & TIMES OF SERVICE A~TEMPTED. NOT SERVED On the day of ,200__, at __ o'clock __.m., Defendant NOT FOUND because: Moved __ Unknown__ No Answer 1st Attempt: / / Time: : Vacant 2na 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 FEDERMAN AND PHELAN, L.L.P. BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 1400, One Perm Center at Suburban Station 1617 John F. Kennedy Blvd. Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION Plaintiff Vs. PAMELA K. SCHAFFNER Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 04-448 CIVIL _. PARAGRAPH #3 OF THE COMPI ~AINT IN MORTGAGE FORI~,CI .O,qIIRE TI3 THE PR OTIqlqNOT ARY: FRANK FEDERMAN, ESQUIRE, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief that the information in paragraph #3 of the Complaint in Mortgage Foreclosure is: On 09/24/02 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CENDANT MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: No. 1774, Page 5009. By Assignment of Mortgage recorded 03/10/03 the mortgage was assigned to BISHOPS GATE RESIDENTIAL MORTGAGE FUND which Assignment is recorded in Ass.iglument of Mortgage Book No. 695, page 768. By Assignment of Mortgage recorded 03/10/03 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 695, Page 770. Kindly change the information on the docket. Date: May 5, 2004 ank Federman, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CENDANT MORTGAGE CORPORATION VS. PAMELA K. SCHAFFNER ) CIVIL ACTION CIVIL DIVISION NO. 04-448 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for CENDANT MORTGAGE CORPORATION hereby verify that on March 9~ 2004 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: May 13, 2004 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDllECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (21S) 627-1322 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 VS, DZEVAD BEGANOVIC and MEHO BEGANOVIC Mortgagor(s) 1 South Second Street Wormleysburg, PA 17043 Defendant(s) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 04-565 CIVIL TERM CERTIFICATE OF SERVICE JOSEPH A. GOLDBECK, JR. ESQU1RE hereby certifies tkat on b I ] 2 ]~) ~-] he did serve upon Defendant(s) DZEVAD BEGANOVIC and MEHO BEGANOVIC a tree and correct copy of the above-captioned Complaint by certified and regular mail in accordance with the Court Order dated APRIL 28, 2004. The undersigned understands that the statements herein and subject to the penalties provided by 18 P.S. Section 4904. Rgs~cg~ully ~bmitted, GOLDBECK M~CAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ESQUIRE Cendant Mortgage Corporation VS Pan~ela K. Schaffner fn The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-448 Civil Tem~ R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions fi.om Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Poundage 12.39 Posting Handbills 15.00 Advertising 15.00 Mileage 23.46 Levy 15.00 Surcharge 20.00 Law Journal 228.20 Patriot News 242.14 Share of Bills 29.26 Law Library .50 Prothonotary 1.00 $631.95 paid by attorney 06/07/04 Sworn and subscribed to before me /O ~ day of~.~.~ This 2004, A.D. ( Prothonotary R, Thomas Kline, Sheriff Real Esta~ Deputy ~ '4t, 0 Real Estate Sale #71 On March 10, 2004 the sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 634 Allen Street, New Cumberland, more fully described on Exhibit "A" £fied with this writ and by this reference incorporated herein. Date: March 10, 2004 Real Estate Deputy THE PATRIOT NEWS THE SUNDAY 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 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 CouSCous Book "M', Volume 14, Page 317. PUBLICATION COPY Sworn to and subscribe~bef~r,//e~is 28th day ~a~,y ~.D. S A L E #71 NOTARIAL SEAL Terry L. Ru~T~RII,I~LNoISIo~ OtyofHarrlsburg, DouphlnCounly I NOTARY PUBLIC ..M'~C°.mml~°n~_n~__.6:.2.00..6 IMy 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 $ 242.14 Publisher's Receipt for Advertising Cost 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 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 primed in the regular editions and issues of the 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 ~.LE NO. 71 Wrlt No. 2004-448 Civil Cendant Mortgage Corporation Pamela K. Schaffner Atty.: Frank Federman ALL THAT CERTAIN lot of land situate in the Borough of New Cum- berland, County of Cumberland and State of Pennsylvania more paracu- larly bounded and described as fol- lows, to w~t: BEGINNING at a point on the South side of Allen Street (50 feet wide) said point being 1100 feet measured along the South side of Allen Street in an Easterly direction from Park Avenue at corner of land now or formerly of Dan D. Calmotto: thence, along said Caimotto land, South 6 degrees 17 minutes West, a distance of 110 feet to a point; thence South 83 degrees 43 mln- ~arie Coyne,~itor ' - SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 Logs E, SNYBER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 ALL THAT CERTAIN lot of la~xu situate in the Borough of New Cum- borland. County of Cumberland and State of Pennsylvania more particu- larly bounded and described as fbl- lows, to Wit: BEGINNING- at a point on the South side of Allen Street (50 feet · ~mde) aald point being 1100 feet measured along the South side of Allen Street in an Easterly direction from Park Avenue at comer of land now or formerly of Dan D, Caimotto; thence, along said Caimotto land, South 6 degrees 17 minutes West, a distance of 110 feet to a point: thence South 83 degrees 43 min- ute~ East a distance of t00 feet to land no,,v or formerly of Howard J. Mclntyre; thence North 6 degrees 17 minutes East along said Mclntyre land. a distance of 110 feet to the South side of Allen Street; thence along the South side of Allen Street. North 83 degrees 43 minutes West. a distance of 100 feet to the place of beginning. HAVING thereon erected a single dwelling house knovm as No, 634 Al- len Street, New Cumberland, Perm- sylvanla~ TITLE TO SAID PREMISES IS VESTED 1N Pamela K, Schaffner by Deed from Geraldine Anderson, single person dated 9/18/2002 and recorded 9/30/2002 in Deed Book 253 page B970. Tax Parcel #25-24-0811-451, LOIS E, SNYDER, Notary Public Cadlsle Boro, Cumberland County My Commission Expires March 5. 2005