Loading...
HomeMy WebLinkAbout04-2743FEDERMAN 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 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff DOUGLAS A. BECHTEL 448 SHED ROAD NEWVILLE, PA 1724l 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 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 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 W1LL 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 WAlT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File#: 94192 Plaintiffis CENDANT MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 The name(s) and last known address(es) of the Defendant(s) are: DOUGLAS A. BECHTEL 448 SHED ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 02/21/2003 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. 1798, Page 2045. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such pajonents after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File#: 94192 The following amounts are due on the mortgage: Principal Balance Interest 12/01/2003 through 06/15/2004 (Per Diem $ t 9.96) Attorney's Fees Cumulative Late Charges 02/21/2003 to 06/l 5/2004 Cost of Suit and Title Search Subtotal $119,765.11 3,952.08 850.00 83.50 $ 750.00 $125,400.69 Escrow Credit 0.00 Deficit 27.33 Subtotal $ 27.33 TOTAL $125,428.02 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeownm:'s Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Defanlt 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 term/nated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $125,428.02, together with interest from 06/15/2004 at the rate of $19.96 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: FEDERMAbj.,AND PHELAN, L/LP~///. FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attomeys for Plaintiff File#: 94192 ALL the following tract of land, lying, being and situated in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and limited as follows, to wit: BEGINNING at a point in Shed Road (T-412), at a common property comer of Lots Nos. 7 and 8, as shown on the Preliminary/Final Subdivision Plan of Scenio View; thence from said point of beginning along Shed Road (T-412), South 21 degrees 28 minutes 40 seconds East, a distance of 28.31 feet to a point;, ~ence continuing along same by a cun/e to the loft, having a radius of 965 feet, and an arc length of 217.07 feet, with a chord bearing of South 27 degrees 55 minutes lg seconds East, a chord distance of 216.61 feet to a point at a common property corner of Lots Nos. 8 and 9; thence along Lot No. 9, South 55 degrees 26 minutes 16 seconds We~ a distance of 74.53 feet to a point; thence continuing along said Lot No. 9, North 82 degrees 20 minutes 08 seconds West, a distance of 323.78 feet to a point at a common propelty corner of Lots Nos. 7 and 8: thence along Lot No. 7, No[th 24 degrees 46 minutes 22 seconds West, a distance of 297.37 feet to a point; thence continuing along said Lot No. 7, South 82 degrees 20 minutes 08 seconds East, a distance of 398.62 feet to a point in Shed Road, said point being the place of BEGINNING. PREMISES BEING: 448 SHED ROAD VERIFICATION MARC J. HINKLE hereby states that he is V.P. of CENDANT MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclost~re are true and correct to the best of his Imowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: SHERIFF'S RETURN CASE NO: 2004-02743 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION VS BECHTEL DOUGLAS A - REGULAR JASON VIORAL Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon BECHTEL DOUGLAS A DEFENDANT , at 1249:00 HOURS, on the 13th day of July at 448 SHED ROAD NEWVILLE, PA 17241 by handing to DOUG BECHTEL a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to the together with law, 2004 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.36 Affidavit .00 Surcharge 10.00 .00 38.36 Sworn and Subscribed to before me this /~ day of  _ ~3~ A.D. IP~othonotary ~ ~ - So Answers: R. Thomas Kline 07/14/2004 FEDERMAN & PHELAN By: ~ ~ ty Sheriff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE iDENTIFICATION NO. 12248 ONE PENN cENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD. SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION Plaintiff Vs. DOUGLAS A. BECHTEL Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 04-2743 CIVIL TERM, 20CI4 AFFIDAVIT OF RELEASE OF LIABILITY PURSUANT TO Pa. R.C.P. RULE 1144Co) Plaintiff, CENDANT MORTGAGE CORPORATION, by and ~Ihrough its attorney, Frank Federman, Esquire, hereby releases CARRIE M. BECHTEL, mortgagor, from liability for the debt secured by the mortgage in accordance with Pa. R.C.P., Rule 1144(b). FEDERMAN AND pHELAN, L.L.P. Lawrence T. Phelan, Esquire Francis S. Hailinan, Esquire Attorney for Plaintiff . FEDERMAN AND PHELAN, L.L.P. BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 1400, One Penn Center at Suburban Station 1617 J.ohn F. Kennedy Blvd. philadelphia, PA 19103-1814 (~215~63-7000 CENDANT MORTGAGE CORPORATION Plaintiff Vs. DOUGLAS A. BECHTEL Defendant(s) ATI'oRNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLANDCOUNTY No. 04-2743 CIVIL TERM, 2004 PRAECIPE TO ATTACH AFFIDAVIT OF RELEASE TO THE PROTHONOTARY: Kindly append the attached Affidavit of Release as an Exhibit to the Complaint in Mortgage Foreclosure. Date: August 3, 2004 FEDERMAN AND PHELAN, L.L.P. Frank Feclerman, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorney for Plaintiff FEDERMAN PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 04-2743 CIVIL DOUGLAS A. BECHTEL 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 DOUGLAS A. BECHTEL and, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 6/16/04 to 1/18/05 TOTAL $125,428.02 $ 4.331.32 $129,759.34 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. . .~.-t:' ~ANIEL G. SCHMIEG, ES Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: -Jd.0 ~ ;;W~ I PRO PROTHY FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., [d. No. [2248 LAWRENCE T. PHELAN, ESQ., [d. No. 32227 FRANC[S S. HALLINAN, ESQ., [d. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHlLADELPH[A, PA 19103 (? 1 ,) '1i1-7000 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY DOUGLAS A. BECHTEL Defendants : NO. 04-2743 CIVIL TERM TO: DOUGLAS A. BECHTEL 448 SHED ROAD NEWVILLE, PA 17241 DATE OF NOTICE: Anc:nST ~ 2004 THIS FIRM [S A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE [S SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMAT[ON OBTAINED FROM YOU W[LL BE USED FOR THAT PURPOSE.[F YOU HAVE PREVIOUSLY RECE[VED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE [S NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FA[LED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND F[LE [N WRITING W[TH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF TH[S 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 LAWYER AT ONCE. [F YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TH[S OFF[CE CAN PROVIDE YOU W[TH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TH[S OFF[CE MAYBE 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 ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 ([ULOrYll!lJ) tit-tO JUYi(l. /17 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQU[RE FRANC[S S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, P A 19103 (? 1,) ,1>1.7000 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY DOUGLASA.BECHTEL Defendants : NO. 04-2743 CML TERM TO: DOUGLAS A. BECHTEL 448 SHED ROAD NEWVILLE, P A 17241 r-. I , .., DATE OF NOTICE: IWCF,MBF,R 21) 2004 "'__ .. "" ... . 'l.", ", r THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS N\JTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HA VE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 6~i)~J'~ ~ FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2004-02743 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION VS BECHTEL DOUGLAS A JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BECHTEL DOUGLAS A the DEFENDANT , at 1249:00 HOURS, on the 13th day of July at 448 SHED ROAD 2004 NEWVILLE, PA 17241 by handing to DOUG BECHTEL a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 10.36 .00 10.00 .00 38.36 .~9L'::~6t: -1'~ R. Thomas Kline 07/14/2004 FEDERMAN & PHELAN Sworn and Subscribed to before By: --d? me this day of ty Sheriff A.D. Prothonotary FEDERMAN PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 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 4001 LEADENHALL ROAD CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 04-2743 CIVIL DOUGLAS A. BECHTEL Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, 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 of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DOUGLAS A. BECHTEL is over 18 years of age and resides at , 448 SHED ROAD, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. /"7 DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff LEGAL DESCRIPTION ALL THE roll.OWlNG tract of laJld, lying, being aod situated in Lower Mifflin Townsbip, Cumberland County, Pellll:>ylvaJIia. b(lUnded and limiled as follows. to wit: BEGINNING at II point in Sited Road (1'-412), at a conunon property comer of Loll> Nos. 7 and S, as shown on \lie Pretiminary / Final Sulxli vision Plan of Scenic V icw; thence from said point of beginning along Shed Road (T-412l, Sonth 21 degrees 28 minutes 40 seconds E'.a<.1. a distance of 28.31 feet to a jl{JiJ1t; lhence continuing alung same by a curve to the left, havint a radius of 965 feet, and ll1l ate length of 217.07 feet, with a chord bearing of South 27 degrees 55 minutes 19 !leconds East, a chord distance of 216.61 feet III a point al a common property corner of LoIS Nos. 8 and 9; tlienee along Lot No.9, South 55 degrees 26 minutes 16 seconds West. a distance of 74.53 feel II! a point; thence conlinuing along said r.(lt No.9. Norlh S2 degrces 20 minutes 08 seconds West, a distance of 323.78 feet to a point at a common property corner of Lots Nos. 7 and 8; lhence along Lot No.7, Nortb 24 degrees 46 minutes 22 seconds West, a distance of 297.37 feel 10 a point; thence continuing along said Lot No.7, Soulb 82 degrees 20 minutes 08 seconds East. a distance of 398.62 feet to a point in Shl'd Road, said point being the place of beginning. CONTAINING 98,471.19 square feci or 2.2606 acres gross area, with a net acreage of2.1141 acres to \he 4edicatt;d righl-of-way line. BEING Lot No. 8 as shown on a Plan of Lots prepared for ReaJand, lJU;.. by lIoover Engineering Services, Inc., dated March 30, 2000 and recorded July 25, 2000, in the Officc of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 81. Page 93. BEING known and numbered a.~ 448 S1Icd Road, Newville, PenIlsyh'aJlia, TITI.E TO SAm PREMISES IS VESTED IN Douglas A. BedJtel by reason of the following: BEING THe SAME PREMISES whicl! CbarlllS M. DUDhellerger and COflllie L. Dunbellel1:er, bu.~hand and wife by Deed dated 2121/2003 aOO recorded on 3/3/2003 in the County of Cumberlaoo in Deed Book 255. Page 4647 conveyed unto Douglas A. Bechtel and Carrie M. Bechtel. AND AL.'>O BEING THE SAME PRBM[SES whiclt Douglas A. Bedllel and Carrie M. Bechtel, husband aod wife by Quit-Claim Deed daled 3/1212004 and recorded on 3/29tW04 in the: County uf cumberland in Deed Book 262. Page 1239 Remi.~, Released and Quit ClaimOO unto Dougl.as A Bechtel. Tax Parcel Nlj.Q5.04I3.067 PREMISES BEING: 448 SHED ROAD NEWVILLE, PA 17241 G(ClCJ -n ~#-'i~ _ )... '0 D '- ""\.... \) I"~ ~ ~ ~ j ~ ~ ~ ~~l>~ o -n <- :? i,l ~}J f'.,) ,.:3 1;'" (~'~;; (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CENDANT MORTGAGE CORPORATION 4001 LEADENHALL ROAD CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 04-2743 CIVIL DOUGLASA.BECHTEL Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on J~ 20~~. ,-By: dto~P7f~ DEPUTY If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, 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 INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY-* PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CENDANT MORTGAGE CORPORATION Plaintiff, v. No. 04-2743 CIVIL DOUGLAS A. BECHTEL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $129,759.34 Interest from 1/18/05 to JUNE 8, 2005 (per diem -$21.33) $1/19/05-6/8/05 and Costs TOTAL $132,766.87 /~ ,;J /.., - ../ /.: ,-- y~ .<kl " ;?? DANIEL G. SCHMIEG, ESQUIRIV' 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. ,... '"<I' .... r- ,... .( ~ ~:S ~ rJ ~~ ~ 0 ... ... ... .... i .(~ S ;;l g, ~ ~~ ~ u 0 ~ ~'E , U')\t: ~ t ~z ~ ~ ~ ::l ~"'.~ ~ en ~~~ '" <l) u ~~ C'a p o .. ~p:; ~ ~ u ~ .. ~ ~~ ~.". ~:s e O~ ,;. < c:. en UZ .( ,. ~i :r~ ~ t> ~s " ~ ~ ~~ U') P- Ou ~ 6 CO 010 <l) ~c:. 0... s~ '"<I' \3 ~ ;;l ~~ '"<I' ~ ;;:~ 0 '.. ~ 5 " .~ u; 8; .... c:. '" ~ '. 0 <l) ~ ] .tl ~~ ~ ....~ c:. .~ ~ ~ p;.. ~e .'J C:.:I ::::> :;--. (',J . . -+~ - F: -, ctr-J. - - - l.r:' , lL --...., (-:~ ,-;::;' --d i "" -::: :::. <l :::. ~ ~ (l- ~ (j I I ~ (j () C) ....9 Q C) <J ('(J U, () iJ) <'<) <J V] Vl ~ uj ~ 0 ~ ~ ~ M If) co ('6 -e".. try. -.... " 1 J4 --:-t 1 i r~~ ~~ J \tc LEGAL DESCRIPTION ALL THE f'Ou.oWlNG lract of land, lying. being and situated in Lower Mifflin Township, Cumberllll\l.l County, PelllU>ylvania, bwl\l.led al\l.llimited as follows. (0 wit: BEGINNING at II poinl in Sited Road (1.412), at a common property corner of Lots No.. 7 ;tOO 8, as shown on the Preliminary/Final Subdivision Plan of Scenic View; thence from saID point of beginning along Shed Road (T -412), South 2l degrees 28 minutes 40 seconds East. a distance of 28.31 teet 10 a j)()OI.t; thence continuing alung $lUIli: by a curve 10 the left, hitvin8 it tadills of 965 fe.!{, llD:I an ate length of 217.07 feet, with a chord beating of South 27 degrees 55 minUlt:; 19 secol\l.ls East, a chord distance of 2\6.6\ fectlO a poil1l at a common ~rly curner of Lolli Nos. 8 and 9; dlence along Lor No, 9, South 55 detlt<<s 26 minutes 16 seconds West, a distance of 74.53 feet to a point; th~ continuing along said \.ot Mo. 9. Morth 8'2 degrees 20 minutcs 08 seconds West, a di$laJlCe of 3H.78 feet to a point at a common property corner of Lot' Nos. 7 and 8; lbence along Lot No.7, North 24 degtee8 4{) minut.es II seconds West, it distance of 297.37 Ceelto a point; thence continuing along said Lot No.7, Soutll 82 degrees 20 minutes 08 =nds East, a distance of 398.62 feet to a point in Shed Road, said point being the place of beginning. CONT MMING 98,47].]9 square feel or 2.2606 acres gross area, witll a net acreage of 2.1141 acr~ to the dedicated righl-of-w<lY line. BEING LoI No. 8 as shown on a Plan of Lots prepared for Realand, Irn:., by Hoover Engineering Services, lnc., dated March 30, 2000 lllId recorded July 25, 2000, ill the Ofilce of the Recorder of Deeds in and for Cumberland County, PellllSylvania, in Plan Bool81, Page 93. BEING known and nurnl1cred as 448 Sl1cd Road, Newville, Pennsylvania. TITLE TO SAID PREMISES IS Vl:iSTED IN Douglas A. Bechtel by reason of tile following: BEING THE SAME PREMISES whicl:t Clrarles M Dllllbellerger and COllDie L. Dunbellcrger, husband and wife by Deed dated 2/21/2003 and recorded on '}/'}12003 in the County of Cumberland in Deed Book. 255, Page 4647 conveyed unto Douglas A. Bechtel and Carrie M. Bechtel. AND ALSO BEING THE SAM!!; PREMiSES whicl1 DoIlglas A. Bedlrel and Carrie M. lkx:btel, husband and wife by Quit-Qaim Deed dated 31t2l2004 and recorded on 3/29ti004 in the Cuumy of Cumberland in Deed Book 262, Page 1239 Remised, Released and Quit Claimed lIIIto Douglas A 8echtel. Tax Parcel #15-Q5.0413.067 PREMISES BEING: 448 SHED ROAD NEWVILLE, PA 17241 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 04-2743 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENDANT MORTGAGE CORPORATION, Plaintiff (s) From DOUGLAS A BECHTEL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, yon are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $129,759.34 L.L. $.50 Interest FROM 1/18/05 TO 6/8/05 (PER DIEM - $21.33) Atty's Comm % Doe Prothy $1.00 Atty Paid $120.36 Other Costs PlaintitTPaid Date: JANUARY 20, 2005 CURTIS R. LONG (Seal) Prothonotary ,-By: _~o~p 7f/?/7/Y(.~ Deputy . REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 FEDERMAN PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION DOUGLAS A. BECHTEL NO. 04-2743 CIVIL 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: (X) an FHA mortgage () non-owner occupied () vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. e.S. Section 4904 relating to unsworn falsification to authorities. /'-'7 ( "/ DANIEL G. SCHMIE Attorney for Plaintiff r--:> c-':> 'u' 0,; c_ .-, -r l",) CJ ;'~;) f'..' - CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS DOUGLAS A. BECHTEL CIVIL DIVISION Defendant(s). NO. 04-2743 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) CENDANT MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,448 SHED ROAD, NEWVILLE, P A 17241. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DOUGLAS A. BECHTEL 448 SHED ROAD NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address 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 448 SHED ROAD NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 18, 2005 DATE /-J f . DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff C-' , '~::I ~,;-;) ,;.,..;' ~\ :,"- :-;J r"'~) C-":l ,;\;.-, 2::) 1"-) ~ --- CENDANT MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 04-2743 CIVIL DOUGLAS A. BECHTEL Defendant(s). January 18, 2005 TO: DOUGLAS A. BECHTEL 448 SHED ROAD NEWVILLE, PA 17241 ""THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at, 448 SHED ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on JUNE 8, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $129,759.34 obtained by CENDANT MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthe judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out ifthis has happened, you may call (717) 240-6390. 4. lfthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a representative of the plaintiff at the 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, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THE FOLLOWlNG tract of land, lying. being aod sitoored in Lower Mifflin Township. CUmberlantl County. Pe\lJl.Sylvania, boumled aod limited as follows, to wit BEGINNING at a point in Shed Road (T-412). at a conunon property comer of Lots Nos, 7 aod 8, as shown on the J>reliminarylFinal Subdivision Plan of Scenic View; thence from said point of beginning along Shed Road (T-412l, Soolh 21 degrees 28 minutes 40 seconds &st. a distance of 28.31 feel 10 a point; !hence Continuing a1uI1g same by a curve to tbe left, having a radius of 96S feel, lInd an arc length of 217.07 feet, wilh a chord bearing of South 27 degrees 55 minutes 19 secontls East, a chord distance of Z16.61 foct to a point at a common JlfO{lCrty corner of I...MB Nos. 8 and 9; thence along Lot No.9, &luth 55 <Iegrees 26 minutes 16 seconds West. a disrance of 74.53 feet to a point; thellCe conlinuing along said 1.Qt No, 9, North 82 degrees 20 millUtCS 08 sCClInds West, a distance of 321,78 feel io a point at a common property corner of Lois Nos. 7 and 8; tbenee along Lot No.7, North 24 degrees 46 minutes 22 seconds West, a distance of 297.37 feet to a point; thence continuing along !\aid Lot No.7. South 82 degrees 20 minutes 08 seconds East. a distance of 398.62 feet to a point in Shl;(! Road, said point being !he place of beginuing, CONTAINING 98,471.19 square feCI or 2.21\06 acre; gross area, with a net acreage of 2.1141 acres \0 the dedicated righl-of-way line. BEING LoI No. 8 llll shown on a Plan of Lots prepared for Realand, Inc., by Hoover Engineering Services, 1I1C., dated March 30, 2000 and recorded July 2j, 2000, in the Officc of the Recorder of Deeds in and for Cumberland Coollly, Pennsylvania, in Plan Book 81, Page 93. BEING known and numhered :1.< 448 Shed Road, Newville, Pennsylvania. TITLE TO SAID PREMISIiS IS VesTED IN Douglas A. Bechtel by reasoll of th<: following: BEING THE SAMli PREMISES whicl1 Charles M. Dunbellerger and Connie L. Dunbcllerger, busband and wife by Deed dated 2/21/2003 and rccor<led on 31312003 in the County of Cumberlaoo in Deed Book 255. Page 4647 conveyed UDlO Douglas A. Bechtel and Carrie M. Bechtel. AND ALSO BEING THE SAME PREMISES whiclr Douglas A. Becllrel and Carrie M, &ehtet, husband and wif" b)' Quit-Claim Deed dated 3/1212004 and recorded on 3/291:1004 in !be CoUOly of Cumberland in Deed Book 262, Page 1239 RcmL~, Released and Qui.! Claimf;(! unlo Douglas A &chle!. Tax Parcel 1115-05-0413-067 PREMISES BEING: 448 SHED ROAD NEWVILLE, PA 17241 i;f; -:',:- (- ':""~., o '~'? .- 1>..) .-------