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HomeMy WebLinkAbout04-2726 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION, FIKIA PHH US MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 COURT OF COMMON PLEAS CIVIL DIVISION TERM C,~~ t7&-~ Plaintiff NO. ()4 - .;t 7;<1.. v. CUMBERLAND COUNTY AMY L. RAUDABAUGH 449 NORTH COLLEGE STREET CARLISLE, PA 17013 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTIf BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 94208 File #: 94208 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. 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. 1. Plaintiff is CENDANT MORTGAGE CORPORATION, F/KJA PHH US MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known addressees) of the Defendant(s) are: AMY 1. RAUDABAUGH 449 NORTH COLLEGE STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the properly hereinafter described. 3. On 10/26/1995 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MEMBERS FIRST FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1289, Page 81. By Assignment of Mortgage recorded 11/1/1995 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 507, Page 221. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2004 and eaeh 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 #: 94208 6. The following amounts are due on the mortgage; Principal Balance Interest 01/01/2004 through 06/14/2004 (Per Diem $11.51) Attorney's Fees Cumulative Late Charges 10/26/1995 to 06/14/2004 Cost of Suit and Title Search Subtotal $57,176.11 1,910.66 1,250.00 21.83 $ 550.00 $ 60,908.60 Escrow Credit Deficit Subtotal 0.00 377.07 $ 377.07 TOTAL $ 61,285.67 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated becattse Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 61,285.67, together with interest from 06/14/2004 at the rate of$II.51 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. FEDE AND PHE~:;i.tL1 j By: !. rancis S. H~14vi1l~. FRANK EDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 94208 ALL THAT CERTAIN ~ot of ground with the ~mprovements thereon erected situate in the Borough of Carlisle, Cumberland County, pennsylvania and being more particularly descr~bed as follows, to wit: BEGINNING on the North by land formerly of Miss E. M_ Groome, now or formerly of w~lliam Cornman; on the East by a 16 foot w~de alley; on the South by land formerly of ~lfred Baker, now or formerly of Thomas Adams; and on the West by North College Street_ Conta~ning 50 feet in front on said North College Street and extending at an even width 210 feet, ~n depth, to the aforesa~d alley. HAVING thereon erected a two and one-half story frame dwelling house known as and numbered 449 North College Street. BEING the same prem~ses Which Kathleen C. Shannon, by her attorney-in-fact, Jeanne H. Brenneman, by Deed dated March 1, 1982 and recorded in the office of the Recorder of DeedS of cuml::>erJ.and County, Pennsylvania, .tn Deed Book "S", Volume 29, Page 102, granted and conveyed unto John B. Snow, Jr. and Ann R. snow, husband and w:ife, Grantors herein. '. VERlFICA nON MARC J. HINKLE hereby states that he is V.P. of CENDANT MORTGAGE CORPORA nON mortgage servicing agent for Plaintiff in this matter, that he is authorized to lake 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 unswom falsification to authorities. h1W DATE: &( 1~(~Lf 7\.J (:) -lg. ij, 1 lJl ~ ~ ~ "" 0 "'" "l '-;,':) ,;?\ 8 ~ '-:",'" - - -0 ~ ( --4 ':2 ~ , ,.. -,- . [';1 :r:; --- , t11 6' l.:> en '" (~) t- - ~:_j ., ~.-,Cj '--'- j'-,) ;-;" t..,) c:;) SHERIFF'S RETURN - REGULAR CASE NO: 2004-02726 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION VS RAUDABAUGH AMY L RON KERR Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon the RAUDABAUGH AMY L DEFENDANT , at 1659:00 HOURS, on the 28th day of June 2004 at 449 NORTH COLLEGE STREET CARLISLE, PA 17013 by handing to AMY L RAUDABAUGH a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.45 ,00 10.00 .00 31.45 So Answers: r'~~~" R. Thomas Kline 06/29/2004 FEDERMAN & Sworn and Subscribed to before me this 11b day of i}~~";; '>-,i,,, ; Prothonotary' By: PHELAN ~~ Deputy! Sheriff 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, FfKlA PHH US MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 2004-02726 AMY L. RAUDABAUGH 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 AMY L. RAUDABAUGH, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 6/14/04 to 8/4/04 TOTAL $61,285.67 $598.52 $61,884.19 I hereby certify that (I) 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. 3~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: a(t~.~ /.51 44:1::,..-e. YL>M~ PRO PROTHY ~()" '" , -::"~:' :,.-::i .;, \.{J 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 A TfORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (7.1 'i) 'i1i1-7000 CENDANT MORTGAGE CORPORATION, FIK/A PHH : COURT OF COMMON PLEAS US MORTGAGE CORPORATION Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY AMY L. RAUDABAUGH : NO. 04-2726 CIVIL Defendants TO: AMY L. RAUDABAUGH 449 NORTH COLLEGE STREET CARLISLE, P A 17013 DATE OF NOTICE: JTJT,V 20, 2004 THIS FIRM IS A DEBT COLLECTOR ATfEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATfEMPT 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 ATfEMPT 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 A TfORNEY 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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9 I 08 A ~ CJ.{"7 --, -;I; - X lI\DJYUL)) lrWlNYJfUY) FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Atlomeys for Plaintiff SHERIFF'S RETURN - REGULAR _ CASE NO: 2004-02726 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VS CORPORATION~ 1D CENDANT MORTGAGE RAUDABAUGH AMY L RON KERR Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RAUDABAUGH AMY L the DEFENDANT at 1659:00 HOURS, on the 28th day of June , 2004 at 449 NORTH COLLEGE STREET CARLISLE, PA 17013 by handing to AMY L RAUDABAUGH a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.45 .00 10.00 .00 31.45 So Answers: rik~~~ R. Thomas Kline 06/29/2004 FEDERMAN & Sworn and Subscribed to before By: PHELAN ~t/~ me this day of A.D. Prothonotary FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION CUMBERLAND COUNTY 4001 LEADENHALL ROAD COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 2004-02726 AMY L. RAUDABAUGH Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge ofthe 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 ofthe Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant AMY L. RAUDABAUGH is over 18 years of age and resides at , 449 NORTH COLLEGE STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa, C.S, Section 4904 relating to unsworn falsification to authorities. ~J~~, FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff LEGAL DESCRlPTlON ALL THAT CERTAIN LOT OF aROUND WITH THE IMPROVEMENTS THEREON ERECTED SITUATE IN THE BOROOOH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA AND BEINa MORE PARTICULARLY DESCRIBIID AS FOLLOWS, TO WIT, BE:aINNING ON THE NORTH BY LAND FORMERLY OF MISS E. M. GROOME, NOW OR FORMERLY OF WILLIAM CORNMAN; ON THE EJ\9T BY A 16 FOOT WIDE ALLEY; ON THE SOOTH BY LAND FORMERLY OF ALFRED BAKER, NOW OR FORMERLY OF THOMAS !\DAMS; AND ON THE WEST BY NORTH COLLEGE STREET. CONTAINING 50 FEET IN FRONT ON SAID NORTH COLLEGE STREET AND EXTENDING AT AN EVEN WIDTII 210 FEET, IN DEPTH, TO THE AFORESAID ALLEY. BEING THE SAME PROPERTY CONVEYED TO !\MY L. RAUDABAlJOIl SINGLE PE:R.'lON BY DEIID FROM JOHN E. SNOW, JR. AND ANN R. SNOW, HUSBAND AND WIFE RECORDIID 05/30/1969 IN DEED BOOK 33Y PADE 1063, IN THE OFFICE OF TIlE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA. PROPERTY ADDRESS: 449 NORTH COLLEGE STREET, CARUSLE, PA 17013 TAX PARCEL: #06-20-1798-[59 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW CENDANT MORTGAGE CORPORATION, F/KIA PHH US MORTGAGE CORPORATION 4001 LEADENHALL ROAD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 2004-02726 AMY L. RAUDABAUGH Defendant( s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ()1 IP 2001/: By: /5/ t}.,u.At. /: ~ DEPUTY /~c- If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE 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." ~ 1, ~ ~ (-~ ~, ~ r:., I.,.' - ~ >.... :~J ~ , {,.'j ", "- "'- , V\ ~ C;"~ , ~ ~- \:'I ~ ~ - ~ -.,.- 'f; .. " -- ~ ~ ...x-' PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) p.R.e.p.3180-3183 CENDANT MORTGAGE CORPORATION, FIKJA PHH US MORTGAGE CORPORATION Plaintiff, v. No. 2004-02726 AMY L. RAUDABAUGH Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $61,884.19 Interest from 8/4/04 to DECEMBER 8, 2004 (per diem -$11.51) $1,281.42 and Costs TOTAL $63,165.61 ~! ]~,~ FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property, No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. , . v ...::S ~~ ~~ ~'" ZZ OZ ~~ ~ . o~ uZ ...:;J 00 ,..u ~~ s~ u; ~.... ,..~ ~:;J u ~ ... s.... o~ ~iJZ o~o uo'" ....~,.. ~"'~o iJ:;J ~=~ oreo ~<u ,..~ ~~ ~ Z .... U ,;, .. G ~ ~ ~ ~ .j ~ Z o ... ,.. :;J u ~~ .... ::l '" ....sa o .. ,.. :: s~ ~~ ~ ~ o~ ...s ....6- e: u S ~ , ,I.- "'"~ O'.~ ~~ ,'\ "ca - p... .... <B :~ ~ , " '$ 8 o ~ .;,; ~ .~ ,; .... ~ ,.. '" .... iJ.... .....-< ...0 ...~ 0< u~ =rJ: ~... o~ ~~ ~u ;,; '" " ~ < .,j " ~ '" " .0 ~ S '" .... " ~ P< " ~ ~ ~~ ~,-',? ..' .-" :"? " C'" ... -'1 ~.o LEGAL DESCRIPTION JILL THAT CERTAIN LOT OF GROUND WITH THE IMPROVEMENTS THEREON ERECTED SITUATE IN THE BOROUOH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA AND BEING MORE PARTIClJLARLY DESCRIBED .AS FOLLOWS, TO WIT: BOOINNING ON THE NORTH BY LAND FORMERLY OF MISS E. M. GROOME, NOW OR FORMERLY OF WILLIAM CORNM1\N; ON THE EAST BY A 16 FOOT WIDE ALLEY; ON THE SOU'I'H BY LAND FORMERLY OF ALFRED ~R, NOW OR FORMERLY OF THOMAS J\DAMS; AND ON THE WBST BY NORTH COLLEGE STREET. CONTAINING 50 FEET IN FRONT ON SAID NORTH COLLEGE STREET AND EXTENDING AT AN EVEN WIDTH 210 FEET, IN DEPTH, TO THE AFORESAID ALLEY. BEINO THE SAME PROPERTY CONVEYED TO AMY L. RADDABJlUOH SINGLE PERSON BY DEED PROM JOHN E. SNOW, JR. AND ANN R. SNOW, HUSBAND AND WIFE RECORDED 05/30/1989 IN DEED BOOK 33Y PAGE 1083, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA. PROPERTY ADDRESS: 449 NORTH COLLEGE STREET, CARLISLE, P A ! 70!3 TAX PARCEL: #06-20-!798-!59 '-.. ~ ~ ~\ ~ -l;: '-'\ t:. ~ pr ~~~~~ (r," , t) ~ ~ ~ ~ f. ;'1:, , (--.) , ~~ ,~ , ~ V'I., .~ ~ ~.\ ~ ~ ~ "iJ ~ ~ ~ ".'. I...fl WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENDANT MORTGAGE CORPORATION F/K1A PHH NO 2004-2726 Civil CIVIL ACTION -LAW US MORTGAGE CORPORATION Plaintiff (s) From AMY L. RAUDABAUGH (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (0) 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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named gamishee, you are directed to notify himlher that he/she has been added as a gamishee and is enjoined as above stated. Amount Due $61,884,19 L.L.$.50 Interest FROM 8/4/04 TO DECEMBER 8, 2004 (PER DIEM $11.51) $1,281.42 AND COSTS Arty's Corum % Due Prothy $1.00 Arty Paid $116.45 Other Costs Plaintiff Paid Date: AUGUST 6, 2004 CURTIS R. LONG (Seal) Prothonotary By: *'?'~~ F ~k, ge Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD, SIDTE 1400 PHILADELPffiA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 TRUE COpy FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This .....le......... day of..~.........?~_ ..........,........~....!:.d/t?...W Prothonotary FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION, FIKIA PHH US MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION AMY L. RAUDABAUGH NO. 2004-02726 Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 3- J1M\.k 3ede.'W>1.lt/1 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff f""~ ,'",.j ,:',,) (,/\ ...:';, CENDANT MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION AMY L. RAUDABAUGH NO. 2004-02726 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) CENDANT MORTGAGE CORPORATION, F/K/A PHH US 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 ,449 NORTH COLLEGE STREET, CARLISLE, PA 17013. I. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AMY L. RAUDABAUGH 449 NORTH COLLEGE STREET CARLISLE, PA 17013 2, Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SEARS ROEBUCK AND COMPANY 267 E. MARKET STREET C/O WOLFSON & ASSOCIATES YORK, PA 17403 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 449 NORTH COLLEGE STREET CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 4, 2004 DATE :1~ :kAe<-m.{U1 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff i," ~ <,~ '~ >,.0 CENDANT MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY No. 2004-02726 v. AMY L. RAUDABAUGH Defendant(s). August 4, 2004 TO: AMY L. RAUDABAUGH 449 NORTH COLLEGE STREET CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at, 449 NORTH COLLEGE STREET, CARLISLE. PA 17013, is scheduled to be sold at the Sheriff's Sale on DECEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $61,884.19 obtained by CENDANT MORTGAGE CORPORATION, F/K/A PHH US 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.RC.P., Rule 3129.3, NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property, 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out ifthis 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, jf you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF GROUND WITH THE IMPROVEMENTS THEREON ERECTED SITUATE IN THE BOROU<E OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BBGINNING ON THE NORTH BY LAND FORMERLY OF MISS E_ M. GROOME, NOW OR FORMERLY OF WILLIAM CORNMAN; ON THE EAST BY A 16 FOOT WIDE ALLE'fi ON THE SOOTH BY LAND FORMERLY OF ALFRED BAKER, NOW OR FORMERLY OF THOMAS ADAMS i AND ON THE WEST BY NORTH COLLEGE STREET. CONTAINING 50 FEET IN FRONT ON SAID NORTH COLLEGE STREET AND EXTENDING AT AN EVEN WIDTH 210 FEET, IN DEPTH, TO THE AFORESAID ALLEY. BEING THE SAME PROPERTY CONVEYED TO AMY L. RADDAB.AD'GH SINGLE PERSON BY DEED FROM JOHN E. SNOW, JR. AND .ANN R. SNOW, HUSBAND AND WIFE RECORDED 05/30/1989 IN DEED BOOK 33Y PAGE 1083, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA. PROPERTY ADDRESS: 449 NORTH COLLEGE STREET, CARLISLE, PA 17013 TAX PARCEL: #06-20-1798-159 ~-, , , , t.,.' , c:) AFFIDAVIT OF SERVICE CUMBERLAND COUNTY pJT PLAINTIFF CENDANT MORTGAGE CORPORATION, F/K1A pHH US MORTGAGE CORPORATION No. 2004-02726 ACCT. #0007706112 DEFENDANT(S) AMY L. RAUDABAUGH Type of Action _ Notice of Sheriff's Sale SERVE AMY L. RAUDABAUGH AT 449 NORTH COLLEGE STREET CARLISLE, PA 17013 Sall~ Date: DECEMBER 8, 2004 SERVED fi """'m'_""""". ~~J t-, R-ao.i, b.o~~,,~..., ?-1 at 9:0'1 ,0'c1ock+m.,at +~, Col\l!)<:'" -g~,) C'd',:t.\i~\~ day of /1-v~u~, 2001' , Commonwealth of Pennsylvania, in the manner described below: )><,Defendant personally served. Adult family member with whom Defendant(S) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. ~ \ i It _ V"" ~ INl'\ ~ Description: Age be) Height..Q Weight /!;V Race LJ l,S,exL- Other \'-Jo ~\~sse~ I, d o>{ e"" < ~ L. C' 'Ui<'-t-l T~mpetent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in he captioned case on the date and at the address indicated above. C ES & TIMES OF SERVICE A TTEMI'TF.J). NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved _ Unknown _ No Answer Vacant 1 ,\ Attempt: 3'd Attempt: / / Time: 2nd Attempt:_ / / Time: / / Time: Sworn to and subscribed before me this _ day of ' 200 -' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 :,7;1 I'] CD CJ ..~ \,.D IN THE COURT OF COMMON PLEAS OF CUMBERLANn COUNTY, PENNSYLVANIA CENDANT MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION ) CNIL ACTION ) vs. AMY L. RAUDABAUGH ) CNIL DIVISION ) NO. 2004-02726 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for CENDANT MORTGAGE CORPORATION. F/K/A PHH US MORTGAGE CORPORATION hereby verify that on 8/16/04 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: November 22.2004 /},Il " f1 ii, 1P If VLIVlUL ~~AN, ESQUIRE Attorney for Plaintiff "tl-l ~r ~ ~ 11;: v. i"~ Q.~ 000 "'.... '" J ~O' ~ E. ~'z ~~ "tl... IA 0 oi ~R " '" trl"tl .alA ~i !~ "tl II ~ ~ ~ . r, oo ~i!f~ "';1-011; ~"S'illfr ~a~g~ 5. a'a ::t.j;! "'~;;: g g. ~8;;:~6 -_.V\::s~ g'g."8~~ [l8~ ~ g.", ] ~;; o .. g _.0 ~lo~~ ....,n~(')p,. 8 fi)"::& ~ g 9~~a~ 1i ~itii (;1i1~rn :: ll.trl g. " :3 " .. ~'aa ~ (t _. tn ::s [5.:S:~ =i ~~.. f3 9 p. a. ~~.g g a~ ~ ~ !i.~a~. 5'";;,, .gg8[ g.~~ ~ ~ "05 =.: :: i;! g. ~ ill"'",,,, 5 ~!j!'" "'::; ~ g =i 5 ~. . II '" :3 l!';:Jg" lC if -.:3 o 2f: 5" s. ~ ~. ~~ go ~.!j!'8 ~. ~ ~ 8:;; ~~~ ~ ~t;;'"5!.~ ~ ~ ~ - I ~ }' ~ ! ~ N - .;:.. I - v.> - N - - - o \0 00 -.l I --~ J <.:I .,' ~ ". f ! , ~,"",> I I 0\ .;:.. v.> tv VI \ C/)@885" t11 Z s:: ~ ~ ~ ~ ~ 5 -- ~ ~ a ~g t11g;! R ~ ~ ~ l ~ ~ ~ ~ i .~ ~ ~ ~ l n:t t1100 ~ ~ 2 8 ~ I~ ~ ~ ~ i '~ ~ ~ E tI1 t11 v ~ ~ ~ ~ n ~ C/) ~ 0 ~ ~ ~ ~ ~ 0 ~ w ~ ~ ~ 6 Q Vi ~ ~ ~ E l;; ~ 8 ~ ~ 0 ~ ~ g ~ ~ ~ [j C/) ~ ffi C/) -.l >-oj ~ I~,~ l' ~r Q~~ CJ)Q.B ~ a ~ = ~ ~ Q.~= ~ Q. )> ::l- e:;' CD z c 3 0" Gl ., ~~~ill ~~~~ %~u~ ~ih ~8..Cf1"d 0,< a::I:: 1ftt:l....tI1 -0 !it""' ooc::....;;x:.. :;;:~~z Q) Cf1 ~ ~a....t""' S' ~ ~. t""' ., Cf1 0 "0 ~ c:: ::l ~ ~. ;;! :;;: .g 0 I'D 0 ., 1'1-:00:; (t~~~ .. './ . 02 ,;\ $ 01.200 ~... OOC43003 7 7 AUG 16 2004 ~ MAilED FROM ZIP CODE 1 91 03 I .. .. ~ "'l " " '1:.1 r.> :~> ",'-. ,. (r~ _", C~ t~~ , ~~.~ z =2 (') ~:; ",-, .. ~ = C.::> ..1:.- ~ --I :I:-n rl1p m :0. tJ ~ () ....\ -. :-C...d (:'')0 ;~1 rn ~::~ -t- ';0 =-< :z o <:: 1''' ~ -u :-E. (J. Cendant Mortgage Corporation f/kla PHH US Mortgage Corporation VS Amy 1. Raudabaugh In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-2726 Civil Term Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states that 0 September 08, 2004 at 2:00 o'clock PM, he served a true copy of the within Real Estat Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Amy 1. Raudabaugh, by making known unto Amy 1. Raudabaugh, personally, at 449 North College 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. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2004 at 12:24 o'clock P.M., he posted a true copy ofthe within Re I Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Amy 1. Raudabaugh located at 449 North College Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Amy 1. Raudabaugh, by regular mail to her last known address of 4 9 North College Street, Carlisle, PA 17013. This letter was mailed under the date of October 06, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that h returns the within writ as STAYED per instructions from Attorney Frank Federman. Sheriffs Costs: Docketing 30.00 Poundage 12.39 Advertising 15.00 Posting Bills 15.00 Law Library .50 Prothonotary 1.00 Mileage 7.40 Levy 15.00 Surcharge 20.00 Law Journal Patriot News Share of Bills 214.25 270.97 30.42 $631.93 Sworn and subscribed to before me So Answers: ~~p~ Tms /~ day of ~~ , R. Thomas Kline, Sheriff 2004, A.D. ~~O /h,P"h'<;~' J', ~ I' '. II rothonotary BY\ ,C ~'-V) Real Esta Deputy ~ .,-0 .. \ l:.\1,". <;: \ ~. : S'34C, . CENDANT MORTGAGE CORPORATION, FIKfA PHH US MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLE S v. CIVIL DIVISION AMY L. RAUDABAUGH NO. 2004-02726 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) CENDANT MORTGAGE CORPORATION F/KfA PHH US MORTGAGE CORP RATION Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth s of the date the Praecipe for the Writ of Execution was filed the following infonnation concerning the eaJ property located at ,449 NORTH COLLEGE STREET, CARLISLE, PA 17013. 1. Name and address of Owner( s) or reputed Owner( s): Name Last Known Address (if address cannot b reasonably ascertained, please indicate) AMY L. RAUDABAUGH 449 NORTH COLLEGE STREET CARLISLE, PA 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record Ii on the real property to be sold: Name Last Known Address (if address cannot b reasonably ascertained, please indicate) SEARS ROEBUCK AND COMPANY 267 E. MARKET STREET C/O WOLFSON & ASSOCIATES YORK, PA 17403 . 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property an whose interest may be affected by the sale. Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has ny interest in the property which may be affected by the sale: Name Last Known Address (if address cannot e reasonably ascertained, please indicate) Tenant/Occupant 449 NORTH COLLEGE STREET CARLISLE, P A 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 m personal knowledge or information and belief. I understand that false statements herein are made su ject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 4, 2004 DATE :1/l.MU'\ :}~~,~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff r CENDANT MORTGAGE CORPORATION, FfKlA PHH US MORTGAGE CORPORA nON Plaintiff, CUMBERLAND COUNTY No. 2004-02726 v. AMY L. RAUDABAUGH Defendant(s). August 4, 2004 TO: AMY L. RAUDABAUGH 449 NORTH COLLEGE STREET CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFO A TION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCH GE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONS RUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * Your house (real estate) at 449 NORTH COLLEGE STREET CARLISLE P 17013 is scheduled to be sold at the Sheriffs Sale on DECEMBER 8. 2004 at 10:00 a.m. in the Cu berland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgm nt of $61.884.19 obtained by CENDANT MORTGAGE CORPORATION. FfK/A PHH US MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is c tinued, an announcement will be made at said sale in compliance with Pa.R.c.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, te charges, costs and reasonable attorney's fees due. To find out how much you must ay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to st . e or open the judgment, if the judgment was improperly entered. You may also ask the our! to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. t. You may need an attorney to assert your rights. The sooner you contact one, the m re 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 OT ER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will bc sold to the highest bidd r. 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 gr ssly 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 i the sale. To find out ifthis 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 wner 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 he Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedi gs to evict you. 6. You may be entitled to a share of the money whieh 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 he sale. This schedule will state who will be receiving that money. The money will be paid out in acco dance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed ith 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 bac ,if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU D NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFI E LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It ma not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale m st be postponed or stayed in the event that a representative of the plaintiff is not prese t at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF OROUND WITH THE IMPROVEMENTS THEREON ERECTED SITUATE m THE BOROUOH OF CJ\RLISLE, CUMBERLAND COUNTY, PENNSYLVANIA AND BEmG MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING ON THE NORTH BY LAND FORMERLY OF MISS E. M. GROOME, NOW OR FORMERLY OF WILLIAM CORNMAN; ON THE EAST BY A 16 FOOT WIDE ALLEY; ON THE SOUTH BY LAND FORMERLY OF ALFRED BAKER, NOW OR FORMERLY OF THOMAS .ADAMS; AND ON THE WEST BY NORTH COLLEGE STREET. CONTAINmO 50 FEET IN FRONT ON SAID NORTH COLLEGE STREET AND EXTENDmO AT AN EVEN WIDTH 210 FEET, IN DEPTH, TO THE AFORESAID ALLEY. BEINO THE SAME PROPERTY CONVEYED TO AMY L. RAUDABAUGH smGLE PERSON BY DEED FROM JOHN E. SNOW, JR. AND ANN R. SNOW, HUSBAND AND WIFE RECORDED 05/30/1989 IN DEED BOOK 33Y PAGE 1083, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA. PROPERTY ADDRESS: 449 NORTH COLLEGE STREET, CARLISLE, PA 17013 TAX PARCEL: #06-20-1798-159 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2004-2726 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENDANT MORTGAGE CORPORATION F/K/A PH US MORTGAGE CORPORATION Plaintiff (s) From AMY L. RAUDABAUGH (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fro paying any debt to or for the account of the defendant (s) and from delivering any property of the defenda t (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named gamishee, you are directed to notify himlher that he/she has been added as garnishee and is enjoined as above stated. Amount Due $61,884.19 L.L.$.50 Interest FROM 8/4/04 TO DECEMBER 8, 2004 (PER DIEM $11.51) $1,281.42 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $116.45 Plaintiffpaid Other Costs Date: AUGUST 6, 2004 CURTIS R. LONG (Seal) Prothonotary By: .,?Jff~~" k' ~k 9'3 Deputy REQUESTING PARTY: Name FRANK FEDER.lVIAN, ESQ. Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court 1D No. 12248 Real Estate Sale #05 On August 18, 2004 the Sherifflevied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 449 North College Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 18, 2004 By: JccU-jS~ Real Estate! Deputy <:s S;v r:::;:..'j c::::: ~,. liii:~ -\ t SI".'3 I ;.'" \ 11~: G , . , 3fl!1 Aj"" ,j~Ili:' ,,,,,,. ..~j..1 -' ,REAL -ESTATE SALE No. 05 I , :"riI ~:i:2726 I , , Cendant Mortgage Corp. ' I fIkIa PHH US Mortgage Corp. . I " Amy L. Ra~dabaU9h '" ' I Ally: Frank Federman DESCRIPTION AIL iHAr CEKfAIN'lot of ground wilb the ,improvements thereon erected' situare ,in the BorOugh, of c3rliSIe, Cmnberland County, PeriDsyIv3$ and;: being mim, particu1arly described as follows, to wit: BEGINNrNG un ,lb. NOI1h by land foimerIy of Mils & ,M. Groomo, now or fonnorIy of. William I Cornman; on the East by a I6-foot-wide alley; on the South by 1aJid ~Iy of A1fred Bam, now or foimerIy of Thomas Adams; and on the West . by NOI1h College, Street. Conlllining 50 feet in I front on said NOI1h College Street and extending I , at an .even ~dtb 210 feet, llt depth, to lbe aforesaid alley. " , . BEING the ~ property conveyed to Amy L. Raudabaugh; sing1e Person, by deed from lobo E. Snow, lL and AM R. Snow, husband and wife, recorded 0513011989 in Deed Book 33Y Page . 1083, llt the Office of the ~ of Deeds of Cmnberland CoUnty, Pennsylvania. PROPERTY ADDRESS: 449 NOI1h Conege Street, c.rlisle, PA 17013. TAX PARCEL 1#06-20-1798-159. . .----' REAL ESTATE SALE NO. 5 Writ No. 2004-2726 Civil Cendant Mortgage Corporation. f/k/a PHH US Mortgage Corporation vs. Amy L. Raudabaugh Atty.: Frank Federman LEGAL DESCRIPTION ALL TIiATCERTAIN lot of ground with the Improvements thereon erected situate In the Borough of Carlisle, Cumberland County, Penn- sylvania and being more particularly described as follows, to wit: BEGINNING on the North by land formerly of Miss E, M, Groome. now or formerly of William Cornman: on the East by a 16 foot wide alley: on the South by land formerly of Alfred Baker. now or formerly of Thomas Adams: and on the West by North College Street. Containing 50 feet In front on said North College Street and extending at an even width 2 I 0 feet, In depth. to the aforesaid al- ley. BEING the same property con- veyed to Amy L. Raudabaugh single person by deed from John E. Snow. Jr. and Ann R. Snow. husband and wife recorded 05/30/1989 in Deed Book 33Y Page 1083, in the office of the Recorder of Deeds of Cumberland County, Pennsylvania. PROPERTY ADDRESS: 449 North College Street. Carlisle, PA 17013. TAX PARCEL: #06-20-1798-159, . (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PHH MORTGAGE CORPORATION FIKIA CENDANT MORTGAGE CORPORATION Plaintiff, v. No. 2004-02726 AMY L. RAUDABAUGH Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $61,884.19 Interest from 8/4/04 to MARCH 8, 2006 (per diem -$10.17) $5,908.77 and Costs TOTAL $67,792,96 !J~J1J~ DANIEL G. SCHMIEG, ESQ One Penn Center at Suburban Station 1617 JohnF. Kennedy Boulevard, Suite 1400 Phi1ade1phia,PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. <"l ~ 0 r- ~ < ~ ~ ~ ~ V ~ ... ~~ z ~ <z g l;;, gg ... ~ ~ ~.... ~s B ~ ~ ~~ 6 ~'E ~ go .~ S " ZZ S% ~ ~~ .;a p \0<0 p: V ~ ~~~ ~ o~ .... := e OV ~~ .2 ~ <J> ~~ ~ i ~ 8~ ,;, ~ ~ 0 go 0< ... Z p. \0<6 VI.:) ~~ l~ ~ " ~~ ,.j ~ Ov o 0 .., ~ ~~ ~o ~ :.~ ~ ~ I.:)~ ~ 6~ ~ % ~... V .:g ;g v-a ~~ S ,;: < ~f"l ~ ...~ :=~ ~ J1 ~~ ~V V -I r' , '" rfi, '-- r/, t2. - --r- , ~ -j- r:n , ~ - ~ ."" co - , , \-~., q: , () ~ t......--:; 0- "-.0 ::~ ..- 1;, , ~ '-)C ~ - 04 c,.., cc-(. :::: - 'i.'::)f) (i <l - N") ~ C'> ~ \-n - "'[ -" '" () 00- UJO- ~ ::::r ~~U I J ;:) (J -:%\ '""IS ,/) D 1..1) r<) \) ~ ~ ~"" lJ) .:) () '6 ~ () ::r 0- - ri \..t) C)- l.1 ~ 'bl- CJ lr) ~ 0) M \.t) -.. t.J) -- ~ ~ t-- ""'- - ---------- LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF GROUND WITH THE IMPR01fE2oIENTS THEREON ERE= SITUATE IN THE BOROU<lH OF CARLISLE, CUMBERLAND roONTY, PENNSYLVANIA AND BEING MORE PARTICULARLY DESCRIBKD AS FOLLOWS, TO WIT: BBClINNING ON THE NORTH BY LAND FORMERLY OF MISS E. M. GROOME, NOW OR FORMERLY OF WILLIAM CORNMAN; ON THE EAST BY A 16 FOOT WIDE ALLEY; ON THE SOUTH BY LAND FORMERLY OF ALFRED BAKER, NOW OR FORMERLY OF THOMAS ADAMS; AND ON THE WEST BY NORTH roLLEGE STREET. CONTAINING 50 FEET IN FRONT ON SAID NORTH roLLEGE STREET AND EXTENDING AT AN EVEN WIDTH 210 FEET, IN DEPTH, TO THE AFORESAID ALLEY. BEING THE SAME PROPERTY CONVEYED TO AMY L. RAIJDABADGH SINGLE PERSON BY DEKD FROM JOHN E. SNOW, JR. AND ANN R. SNOW, HUSBAND AND WIFE RECORDKD 05/30/1989 IN DEED BOOK 33Y PAGE 1083, IN THE OFFICE OF THE REroRDER OF DEEDS OF CUMBERLAND roUNTY, PENNSYLVANIA. PROPERTY ADDRESS: 449 NORTH COLLEGE STREET, CARLISLE, PA 17013 TAX PARCEL: #06-20-1798-159 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-2726 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, Plaintiff (s) From AMY L. RAUDABUAGH (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined ftom paying any debt to or for the account of the defendant (s) and ftom delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named gamishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $61,884.19 L.L. Interest FROM 8/4/04 TO 3/8/06 (PER DEIM - $10.17) - $5,908.77 AND COSTS Atty's Conun % Due Prothy $1.00 Atty Paid $757.88 Other Costs Plaintiff Paid Date: SEPTEMBER 23,2005 (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court 1D No. 62205 UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA INRE: Amy Loretta Raudabaugh Debtor CHAPTER 13 Cendant Mortgage Corporation f/k1a PHH US Mortgage Corporation Movant BK. NO. 1-04-bk-07298 MDF v. Amy Loretta Raudabaugh a/k1a Amy L. Raudabaugh and Charles J Dehart, III, Trustee Respondent ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion of Cendant Mortgage Corporation f/k1a PHH US Mortgage Corporation (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.c. 362 is modified with respect to premises, 449 North College Street, Carlisle, P A 17013, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises. B)" tilt Com1, ~~fJ~ This electronic order is signed and filed on the same date. Dated: September 8, 2005 PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 pmLADELPmA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF PHH MORTGAGE CORPORATION FfKlA CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION AMY L. RAUDABAUGH NO. 2004-02726 Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~J!~~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff ~ = "-,, <I'< ,,', -0 N V:I :r: ~ o 11 -I :r.:-n [1'lr=: -ne:J :0 J_ 'J(_' ~~~l ;'.::)?; c"fn o -,\ :;" ~ Cf? - N PHH MORTGAGE CORPORATION FfK/A CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION AMY L. RAUDABAUGH NO. 2004-02726 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) PHH MORTGAGE CORPORATION FIKIA CENDANT MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .449 NORTH COLLEGE STREET, CARLISLE, PA 17013. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AMY L. RAUDABAUGH 449 NORTH COLLEGE STREET CARLISLE, P A 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SEARS ROEBUCK AND COMPANY 267 E. MARKET STREET C/O WOLFSON & ASSOCIATES YORK, PA 17403 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7, Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 449 NORTH COLLEGE STREET CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Seotember 19. 2005 DATE Jf~JJ J~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff -------- ....., "'" "'" c-" ,-" pi -0 N v.> ~ <;? N ~ :?-n rnp -nm "(J'( (:..-.~C) >;~:H ~";'H1 ;'-) ':::::, ?;j. -- - PHH MORTGAGE CORPORATION FfKlA CENDANT MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY No. 2004-02726 v. AMY L. RAUDABAUGH Defendant(s). September 19, 2005 TO: AMY L. RAUDABAUGH 449 NORTH COLLEGE STREET CARLISLE, P A 17013 ""THIS FIRM IS A DEBT COLLECTOR AITEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR WA 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 AN AITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."" Your house (real estate) at, 449 NORTH COLLEGE STREET. CARLISLE. PA 17013, is scheduled to be sold at the Sheriffs Sale on MARCH 8. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013. to enforce the court judgment of $61.884.19 obtained by PHH MORTGAGE CORPORATION FIK/A 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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000, 2. You may be able to petition the Court to set aside the sale ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only ifthe buyer pays the Sheriff the full amount due in the sale. To find out ifthis 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 ifthe 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 (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 ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF GROUND WITH THE IMPROVE2olENTS THEREON ERECTED 9ITUATE IN THE BOROUGH OF CJ\RLI9LE, CUMBERLJ\ND COUNTY, PENNSYLVANIA AND BEING MORE PARTICULARLY DESCRIBED M FOLLOWS, TO WIT, BEGINNING ON THE NORTH BY LAND FORMERLY OF MISS E. M. ClROOME, NOW OR FORMERLY OF WILLIAM CORNMAN; ON THE EMT BY A 16 FOOT WIDE ALLEY; ON THE SOUTII BY LAND FORMERLY OF ALFRED BAKER, NOW OR FORMERLY OF THOMAS ADAMS; AND ON THE WEST BY NORTH COLLEGE STREET. CONTAINING 50 FEET IN FRONT ON SAID NORTH COLLEGE STREET AND EXTENDING AT AN EVEN WIDTH 210 FEET, IN DEPTH, TO THE AFORESAID ALLEY. BEING THE SAME PROPERTY CONVEYED TO AMY L. RJlIJDABAIJOH SINGLE PERSON BY DEED FROM JOHN E. SNOW, JR. AND ANN R. SNOW, HUSBAND AND wIFE RECORDED 05/30/1989 IN DEED BOOK 33Y PAGE 1083, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY. PENN9YLVANIA. PROPERTY ADDRESS: 449 NORTH COLLEGE STREET, CARLISLE, PA l70l3 TAX PARCEL: #06-20-1798-159 q < '-:<' c,_! -<. ~ ....... c.~ <= CJ' U) IT\ ~CJ N W ~ -t :I-n rnr.- -om ~(J? (-}~<?, -":'-"):!.J. t~...C) ~~m :;.0 '-< ~ :::l': c:? N AFFIDAVIT OF SERVICE PLAINTIFF PHH MORTGAGE CORPORATION FfK/A CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY PMB No. 2004-02726 DEFENDANT(S) AMY L. RAUDABAUGH ACCT. #0007706112 SERVE AMY L. RAUDABAUGH AT 449 NORTH COLLEGE STREET CARLISLE, PA 17013 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 8, 2006 SERVED Served and made known to A M'f L - R/lfIAD4-M<<~ Defendant, on the ~ day of iCh-ID1te..r ,20OS;- at ;).:ITD ,0'clock~.m.,at---44q N. C11~ St.} &II~(~ ,Conunonwealth of Pennsylvania, in the manner described below: J Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s eompany. Other: Description: Age~ Height $' , WeightM Race~Sex~ Other I, 1:?trNiA-<.-" Mo L.L , a competent adult, being duly swom according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. and su s ~~ By: RVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. o ATF\jCL~. E, H" '.. Commission Expires June 16, 2008 On the day of NOT SERVED ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No, 62205 d,) 7 C-1 ::::! c ." (,.") c' 0-' ., ,PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. 1.0. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Cendant Mortgage Corporation, flkla PHH US Mortgage Corporation ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Amy L. Raudabaugh No. 2004-02726 Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: I. Plaintiff commenced this foreclosure action by filing a Complaint on June 15,2004, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on August 6, 2004 in the amount of$61,884.19. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. A Sheriffs Sale of the mortgaged property at 449 North College Street, Carlisle, PA 17013 (hereinafter the "Property") was postponed or stayed for the following reasons: a) The Defendant filed a Chapter 13 Bankruptcy at docket number 1-04-07298 on December 8, 2004. The Bankruptcy was dismissed by order of court dated September 8, 2005. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". 4. The Property is listed for Sheriffs Sale on March 8, 2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Permsylvania Rule of Civil Procedure 3129.3. . . < ~ 5. Additional sums have been inclUTed or expended on Defendant' behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through 3/8/06 Per Diem $11.36 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections AppraisallBPO MIPIPMI NSF SuspenselMisc. Credits Escrow Deficit 57,176.11 9,060.94 21.83 2,125.00 1,662.00 3,000.00 0.00 0.00 0.00 0.00 0.00 4.926.03 TOTAL $77,971.91 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP Date: / /30/ O&, / ' By: 777~ m63~ Michele M. Bradford, Esquire Attorney for Plaintiff ", .- ,PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. LD. No. 69849 One Penn Center, Suite 1400 1617 JohnF. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Cendant Mortgage Corporation, f/k/a PHH US Mortgage Corporation ATTORNEY FORPLAINTITF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Amy L. Raudabaugh No, 2004-02726 Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 449 North College Street, Carlisle, PAl 70 13. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently schedttled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. " . II. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. m. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. IV. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). The provision of the Mortgage which allows the Plaintiff to recover attorney's fees in the instant action is highlighted for the court's reference. In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicoro v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. '. " , Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. V. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement ofajudgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments ~ 191. Stephenson v. Butts, 187 Pa.Super. 55, 59,142 A.2d 319, 321 (1958), Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22,24 (Pa.Super. 1988). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117,282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939). 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. Meco Reality Company v. BUI1ls, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that ifit goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in remjudgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157,390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant" s failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiUl1ls, fire insurance premiums, taxes and other assessments relating to the Property. " . The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: / laok~ / / By: 77/~;?1. cB~ Michele M. Bradford, EsqUIre Attorney for Plaintiff ". ", Exhibit "A" '" ", FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA,PA 19103 (215) 563-7000 CENDANT MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff v. AMY L. RAUDABAUGH 449 NORTH COLLEGE STREET CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 ( 800)990-9108 File #: 94208 '\ c, ~-k, '. ., Fl\e #: 9420& 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. 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 EST ATE. " 1. Plaintiff is CENDANT MORTGAGE CORPORATION, FIKIA PHH US MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known addressees) of the Defendant(s) are: AMY L. RAUDABAUGH 449 NORTH COLLEGE STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/26/1995 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MEMBERS FIRST FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1289, Page 81. By Assignment of Mortgage recorded 11/1/1995 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 507, Page 221. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2004 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. Fi\e #: 9420& " 6. The following amounts are due on the mortgage: Principal Balance Interest 01/01/2004 through 06/14/2004 (Per Diem $11.51) Attorney's Fees Cumulative Late Charges 10/26/1995 to 06/14/2004 Cost of Suit and Title Search Subtotal $57,176.11 1,910.66 1,250.00 21.83 $ 550.00 $ 60,908.60 Escrow Credit Deficit Subtotal 0.00 377.07 $ 377.07 TOTAL $ 61,285.67 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 61,285.67, together with interest from 06/14/2004 at the rate of$II.51 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. FEDE File #: 9420'& ALL THAT CERTAIN ~ot of ground w~th the Lmprovements thereon erected sLtuate in the Boro~gh of Carlisle, Cumberland county, Pennsylvania and beLng more particularly descrLbed as follows, to wit:.: BEGINNING on the North by land formerly of Miss E. M_ Groome, now or formerly of WLlliam Cornman; on the East by a 16 foot wide alley; on the South by land formerly of ~lfred Baker, noW or formerly of Thomas ~dams; and on the West by North College Street_ Containing 50 feet in front on said North COllege Street and extending at an even width 210 feet, ~n depth, to the aforesaid alley_ HAVING thereon erected a two and one-half story frame dwelling house known as and numbered 449 North College Street. BEING the same premises Which Kathleen C. Shannon, by her attorney-Ln-fact, Jeanne H. Brenneman, bY Deed dated March 1, 1982 and recorded in the Office or the Recorder of Deeds of Cutnt>erJ.and County, Pennsy1"a.n1-a, 1-n Deed Book "S", VoJ.ume 29, :Page J.02, granted and conveyed unto John E. Snow, Jr. and Ann R. snow, husba.nd and wife, Grantors herei.n. . VERlFK,:ATION MARC J, HINKLE hereby states that he is V.P. ofCENDANT MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this maller, that he is authorized to take this Verification, and that the statements made in the fore,going 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 penahies of 18 Pa. C.S. See. 4904 relating to unsworn falsification to authorities. hyllJJ DATE: ~ ( IZ-(() Lf . ' . ' . Exhibit "B" ..j', , " I J FEDERMAN AND PHELAN, LLP lIy: FRANK FEDERMAN Identification No. 12248 Attorney for l'laintiff ONE PENN CENTER AT SUBURBAN ST AnON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION, FfKlA PHH US MORTGAGE CORPORATION _" i..tl 4001 U:ADENHALL ROAD ?"~- MOUNT LAUREL, NJ 08054 ef.>.~ ~~?r (~(j>'! . .",,&:nf.~~' *'fr~r- ~;).~: PlamtIpr,-I>.,~\iJ~~ ,,' - : 1"\ "',' 'r'\ CUMBERI,AND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION o c; NO. 2004-02726 v. AMY L. RAUDABAUGH ...f'.,' ,",'N' '{;'4,;-",",~' 'i;,i~'} '/'" -,,,", ."<",'''~,~ ~'~~? ,_~~~~~~/;..')i)'.' ,:,~f; Defendanl(~)~ " -" n : PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: r-> = ("';::'I ..c- J:'"" C. G-) , 0' (-.r ~;; ;l -, s~ o -'n --. :r: -r1 rn;-;.;: -8h~ ~,,0 ~~~ ~~ (jr'n 4 -.1.'.... ::~ ,..., o Kindly enter an in rem judgment in favor of the Plaintiff and against AMY L. RAUDABAUGH, 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 from 6!l4/04 to 8/4/04 TOTAL $61,285.67 $598.52 $61,884.19 I hereby certify that (I) 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. 3~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 121 !J;.dCCi"/ ,.IS( ~- /? Xt??y PRO PROTHY /...e-L . . . .. Exhibit "C" " ," UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA lNRE: Amy Loretta Raudabaugh Debtor CHAPTER 13 Cendant Mortgage Corporation f/kla PHH US Mortgage Corporation Movant BK. NO. 1-04-bk-07298 MDF v. Amy Loretta Raudabaugh a/kla Amy L. Raudabaugh and Charles J Dehart, Ill, Trustee Respondent ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion ofCendant Mortgage Corporation f/kla PHH US Mortgage Corporation (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by II U.S.C. 362 is modified with respect to premises, 449 North College Street, Carlisle, P A 17013, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises. By tile Cow1, ~~~~ This electronic order is signed and filed on the same date. Dated: September 8,2005 " .' . VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Phelan Hallinan & Schmieg, LLP DATE: / /3 () /oe.. / / By: 7?;J~~~~ Michele M. Bradford, Esquire Attorney for Plaintiff " " .' ... PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 JohnF. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Cendant Mortgage Corporation, f/k1a PHH US Mortgage Corporation ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Amy 1.. Raudabaugh No. 2004-02726 Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. Amy 1.. Raudabaugh 449 College Street Carlisle, P A 17013 Phelan Hallinan & Schmieg, LLP DATE: /130 /OG.. / / By: 77J...?C/mC?3,~ Michele M. Bradford, Esquire Attorney for Plaintiff C'" t..-" ...:> , 1;;).... <- ?,'. ,- '..) - ,~ :J~ <? r~ 0"' o '," '1..,., fe' ~;;::. <1~ ,\,.," <x~ ) , '7 ':2 CENDANT MORTGAGE CORP. f/k/a PHH US MORTGAGE CORP. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. AMY L. RAUDABAUGH DEFENDANT 04-02726 CIVIL ORDER OF COURT AND NOW, this 3rd day of February, 2006, upon consideration of the foregoing petition, IT IS HEREBY ORDERED that: (1) A rule is issued upon the defendant to show cause why the plaintiff is not entitled to the relief requested; (2) The defendant shall file an answer to the petition within twenty days of service upon the defendant; (3) The petition shall be decided under Pa.R.C.P. No. 206.7; (4) An evidentiary hearing on disputed issues of material fact shall be held on the 1" day of March, 2006, at 10:00 a.m. in Courtroom NO.5 of the Cumberland County Courthouse. By the Court, M~OO~'~ \ Michele M. Bradford, Esquire Attorney for Plaintiff Amy L. Raudabaugh Defendant 449 College Street Carlisle, PA 17013 -"" - 03 -01,., , ~ J<- -7"'1 /I'IL"",j ~~t-v bas 3HD.5 ~ ZS :! up) s- 81~ 9COl _5(' ;0_' . 7 fEB 0 1 200o~X\ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Cendant Mortgage Corporation, flkla PHH US Mortgage Corporation Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Amy L. Raudabaugh No. 2004-02726 Defendant ORDER . \ S-( \ AND NOW, thIs day of t'\ ...d..v.. , 2006 the Prothonotary is ORDERED to amend the judgment in this case as follows: Principal Balance Interest Through 3/8/06 Per Diem $11.36 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections Appraisal/BPO MIPIPMI NSF SuspenselMisc. Credits Escrow Deficit 57,176.11 9,060.94 21.83 2,125.00 1,662.00 3,000.00 0.00 0.00 0.00 0.00 0.00 4.926.03 TOTAL $77,971.91 Plus interest from 3/8/06 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriff's commission is not included in the above figure. BY THE COURT ~.-t \ \~~ J. 94208 ~i '\ o ~: . -..., ?--. 'lot, :i ,j' , ~~ &. . ~. , .:' ....,: ",' 1_''\ t~ ...." : I "" \ ' \. '~ ~- . ' .....1 ..".l.'" -- PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG, ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (?15) 563-7000 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION FIK/A PHH US MORTGAGE CORPORATION : CUMBERLAND County : Court of Common Pleas Plaintiff : CIVIL DIVISION vs. : NO. 04-2726 CIVIL AMY L.RAUDABAUCH Defendant(s) PRAFC'TPF TO SATISFY .mnGMF.NT ANn MARK C'ASF nTSC'ONTINTJF.n ANn F,NnFn WHTTOTJT PRKmnTC'F, TO THE PROTHONOTARY: Kindly vacate the Judgment which was entered on 8/6/04 against AMY L. RAUDABAUCH, Defendant, in the amount of $ 61, 884,19 relative to the instant matter and mark this case discontinued and ended, without prejudice, upon payment of your costs only, ~'-v'- S~~~ DANIEL G. SCHMIEG, ESQUiRE Attorney for Plaintiff (:) ~ ~ ?t '\) \ - () - ~ -J -:r ~ pc \0 ~ ~ t I .~d\ (.' ." r_.'.. PHH Mortgage Corporation flk/a Cendant Mortgage Corporation VS Amy L. Raudabaugh The Court of Common Pleas of Cumberland Cmmty, Pennsylvania Writ No. 2004-2726 Civil Term Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 09, 2006 at 1:40 0' clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendant, to wit: Amy 1. Raudabaugh, by making known unto Amy Raudabaugh, personally, at 449 N. College 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. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 09,2006 at 1 :40 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Amy 1. Raudabaugh, located at 449 North College Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Amy 1. Raudabaugh, by regular mail to her last known address of 449 N. College Street, Carlisle, PA 17013. This letter was mailed under the date of January 10, 2006 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Prothonotary Mileage Certified Mail Levy Surcharge 30.00 1,532.67 15.00 15.00 1.00 4.40 1.63 15.00 20.00 Postage Law Jouma1 Patriot News Share of Bills .78 245.00 246.80 21.05 $2,148.33 Sworn and subscribed to before me 2006, A.D. ~~~~ R. Thomas Kline, Sheriff BY U(J~ S-nu;th Real Estate rgeant ],00 ~ ,n ~/J D2w. /77'( 11 /' , PHH MORTGAGE CORPORATION FIKlA , CENDANT MORTGAGE CORPORATION , CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CML DMSION AMY L. RAUDABAUGH NO. 2004-02726 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) PHH MORTGAGE CORPORATION FIK/A CENDANT MORTGAGE CORPORATION. Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .449 NORTH COLLEGE STREET. CARLISLE. PA 17013 . 1. Name and address of Owner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AMY L. RAUDABAUGH 449 NORTH COLLEGE STREET CARLISLE, P A 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SEARS ROEBUCK AND COMPANY 267 E. MARKET STREET C/O WOLFSON & ASSOCIATES YORK, PA 17403 I' , . . 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 449 NORTH COLLEGE STREET CARLISLE, PA 17013 Domestic Relations of Cnmberland 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 of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Sentember 19. 2005 DATE JJ~J!f"J~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff PHH MORTGAGE CORPORATION F/KJA CENDANT MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY No. 2004-02726 . v. AMY L. RAUDABAUGH Defendant( s). September 19, 2005 TO: AMY L. RAUDABAUGH 449 NORTH COLLEGE STREET CARLISLE, PA 17013 ""THIS FIRM IS A DEBT COLLECTOR AITEMP17NG TO COLLECT A DEBT AND ANY INFORMATION OBTAINED Will BE USED FOR THAT PURPOSE" IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A UEN AGAINST PROPERTY." Your house (real estate) at . 449 NORTH COLLEGE STREET. CARLISLE. P A 17013. is scheduled to be sold at the Sheriff's Sale on MARCH 8. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of$61.884.19 obtained by PHH MORTGAGE CORPORATION FIK/A 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 SHERIFFS SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the 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 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. IMPORT ANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a reoresentative of the olaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 LEGAL DESCRll'TION ALL THAT CERTAIN LOT OF GROUllD WITH THE IMPROViHENTS TRR1UOON ERECTED SITUATE IN THE BOROtJ<E OF CJ\R,LISLE, cmmBRLANi> COUNTY, PENNSYLVANIA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING ON THE NORTH gy LAND FORMERLY OF MISS E. M. GROOME, NOW OR FORMERLY OF Wn.LIAM CORNMAN; ON THE BAST BY A 16 FOOT WIDE ALLEY; ON THE SOl1l'H BY LAND FORMERLY OF ALFRED BAKER, NOW OR FORMERLY OF THOMAS ADAMS; AND ON THE WEST BY NORTH COLLEGE STREET. CONTAINING 50 FEET IN FRONT ON SAID NORTH COLLEOS STREET AND EXTEIlDING AT AN EVEN WIDnI 210 FEET, IN DEPTH, TO THE AFORESAID ALLEY. BEING THE SAME PROPERTY CONVEYED TO AMY L. RAUDABAIJGH SINGLE PERSON BY DEED FROM JOHN E. SNOW, JR. AND lINN R. SNOW, HUSBAND AND WIFE RECORDED 05/30/1989 IN DEED BOOK 33Y PAGE 1083, IN THE OFFICE OF THE RECORDER OF DEEDS OF CllMBERLAND COUNTY, PENNSYLVANIA. PROPERTY ADDRESS: 449 NORlH COLLEGE STREET, CARLISLE, PA 17013 TAX PARCEL: #06-20-1798-159 WRIT OF EXECUTTON and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-2726 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy Ihe debt, interest and costs due PIDI MORTGAGE CORPORATION FOO A CENDANT MORTGAGE CORPORATION, Plaintiff (s) From AMY L. RAUDABUAGH (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION, (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hirnlher that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $61,884.19 L.L. Interest FROM 8/4/04 TO 3/8/06 (PER DETM - $10.17) - $5,908.77 AND COSTS Atty's Connn % Due Prothy $1.00 Arty Paid $757.88 Other Costs Plaintiff Paid Date: SEPTEMBER 23, 2005 (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUTRE Address: ONE PENN CENTER AT SUBURBAN STATTON 1617 JOHN F. KENNEDY BOULEVARD, SUTTE 1400 PffiLADELPffiA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No, 62205 Real Estate Sale # 28 On December 13,2005 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 449 North College St., Carlisle, more fully described on Exhibit "A" Date: December 13,2005 ByJ~~~ Real Estate Sergeant E3 c:;;;J ~ - M filed with this writ and by this reference incorporated herein. b I :b \1 LZ d3S ~Ual f I" ", "0' ., " 1;( /\.l.ld I ..: LJi'~ Id.:.:dj~.JnJ ,j,j1l:J3HS 3111 .:10 3JI,j,jO PROOF OF PUBLICATION OF l\'OTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), p, L.1784 STATE OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAl'iD : 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 01' 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 printccl in the regular cditions and issues of the said Cumberland Law Journal on the following dates, VIZ: January 20,27, February 3,2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and thai 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 e haracter of publication are true" L"MM~(l TO AND SUBSCRIBED before me this day of Februarv. 2006 1A~4~~dLN ! N01 "",,,, SEHC , LOIS E S'WDf'R, Notarv Pi,,: , Carlisle 80m. Cumberland Co;. ,.',., ';n ,,,--- ,.".^~ '-,'-,. "" .. "';.'''-<.'''''' IlII\AL UTATB IlAL& 110. :III Writ No. 2004-2726 ClvlI PHH Mortgage Corporation fjk/a Cendant Mortgage Corporation vo. Amy L. Ra_UCh Att;y.: DtmleI 5chmleg LEGAL DESCRlI'TION AlL that certa1n lot of ground with the improvements thereon erected situate In the Borough of Carlisle. Cumberland County. Pennsylvania and being more particularly de. scribed as follows, to wit: BEGINNING on the north by land formerly of Miss E. M. Groome, now or fonnerly ofW1lliam Cornman; on the east by a 16 foot wide alley; on the south by land formerly of Alfred Baker. now or formerly of Thomas Adams; and on the west by North College Street. Contaln1ng 50 feet In front on said North College Street and extending at an even WIdth 210 feet. In depth, to the aforesaJd al- ley. BEING the same property con- veyed to limy L, Raudabaugh s1ngIe person by deed from John E. Snow. Jr. and Ann R. Snow. husband and wife recorded 05/30/1969 In Deed Book 33Y Page 1063. In the Office of the Recorder of Deeds of Cumberland County. Pennsylvania. PROPERTY ADDRESS: 449 NORTH COLLEGE STREET. CAR- LISLE. PA 17013. TAX PARCEL: #06-20-1796-159, . ... THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Conunonwealth 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 in the 24th and 31st day(s) of January and the 7th day(s) of February 2006, That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317, PUBLICATION COPY SALE#28 Sworn to and subscribed be ore this 1 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013