Loading...
HomeMy WebLinkAbout01-1084FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION 6000 ATRIUM WAY, MS SV-01 MT. LAUREL, NJO8054 V. Plaintiff TERM NO. 61- I O k4- C! L t?L WILLIAM T. OTT, JR. KELY A. OTT 707 BARBARA STREET NEW CUMBERLAND, PA. 17070 Defendant(s) CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. -- 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Loan #:0000566885 Plaintiff is CENDANT MORTGAGE CORPORATION 6000 ATRIUM WAY, MS SV-01 MT. LAUREL, NJ08054 2. The name(s) and last known address(es) of the Defendant(s) are: WILLIAM T. OTT, JR. KELY A. OTT 707 BARBARA STREET NEW CUMBERLAND, PA. 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 11/30/98 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1503, Page 115. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 9/1/00 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. A copy of such notice is attached as Exhibit "A." 6. The following amounts are due on the mortgage: Principal Balance $92,213.30 Interest 3,270.80 8/1/00 through 2/1/01 (Per Diem $17.68) Attorney's Fees 4,000.00 Cumulative Late Charges 124.85 11/30/98 to 2/1/01 Cost of Suit and Title Search 750.00 Subtotal $100,358.95 Escrow Credit 0.00 Deficit 191.66 Subtotal $ 191.66 TOTAL $100,550.61 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A7; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $100,550.61, together with interest from 2/1/01 at the rate of $17.68 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. ? ?a /s/ Fran k Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM DATE: November 28, 2000 FORECLOSURE TO: William T. Ott, Jr. Kelly A. Ott 707 Barbara Street 707 Barbara Street New Cumberland, PA 17070 New Cumberland, PA 17070 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEM") may be able to help to save Your home, This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when You meet the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. EXHIBIT A STATEMENTS OF POLICY HOMEOWNER'S NAME(S): William T. Ott, Jr. and Kelly A, Ott PROPERTY ADDRESS: 707 Barbara St: New Cumberland, PA 17070 LOAN ACCT. NO.: 0000566885 ORIGINAL LENDER: Cendant Mortgage Corporation f/k/a PHH US Mortgage Corporation CURRENT LENDER/SERVICER: Cendant Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If You meet with one of the consumer credit counseling agencies listed at the end of this notice the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve ibis problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL. TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. EXHIBIT A AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it uu to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 707 Barbara St: New Cumberland, PA 17070 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start(End: 911/00 thru 1111/00 at $726.47 per month. Monthly Payments Plus Late Charges Accrued $2,254.32 NSF: $40.00 Inspections: $0.00 Other: $0.00 (Suspense): $0.00 Total amount to cure default $2,294.32 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,294.32, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be trade either by cash, cashier's check, certified check or money order made payable and sent to: CENDANT MORTGAGE CORPORATION, 6000 Atrium Way, Mount Laurel, NJ 08054, Attention: Collections Department. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable.) N/A. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon Your mortgage prooerty. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50,00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. EXHIBIT q RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, You still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paving the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by perfornvng any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff s Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: CENDANT MORTGAGE CORPORATION 6000 Atrium Way Mount Laurel, NJ 08054 Tel:(800) 257-0460 Attention: Collections Department EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the tender at any time. ASSUMPTION OF MORTGAGE-You may or_X_may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED Very truly yours, CENDANT MORTGAGE CORPORATION Attn: Collections Department Account No.: 0000566885 Mailed by V Class mail /Certificate of Mailing and Certified Mail No: 7000 0600 0025 8584 2085,2078 EXHIBIT A PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (REV. 8/00) CLINTON COUNTY Lycoming-Clinton Counties Commision for CCCS ofNortheastem PA Community Action (STEP) 1631 South Atherton St, Suite 100 2138 Lincoln Street P.O. Box 1328 State College, PA 16801 Williamsport, PA 17703 (814) 238.3668 FAX(814)238-3669 (570) 326-0587 FAX (570) 322-2197 CCCS of Northeastern PA 201 Basin Street Williamsport, PA 17703 (570) 323.6627 FAX (570) 323.6626 31 W. Market Street POB 1121 Wilkes-Barre, PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 COLUMBIA COUNTY Commission on Economics Opportunity of Luzeme County 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665-(Call Before Faxing) (570) 455.4994 Hazeltow FAX (570)455-5631--(Call Before Faxing) (570) 836.4090 Tunkhannock Booker T. Washington Center 1720 Holland Center Erie, PA 16503 (814) 453-5744 FAX (814) 5749 John F. Kennedy Center, Inc. 2021 East 20° Street Erie, PA 16510 (814) 898.0400 FAX (814) 898-1243 CCCS of Western Pennsylvania, Inc. 2000 Linglestovm Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 6° Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234.9459 Community Action Comm of the Capital Region 1514 Deny Street Harrisburg, PA 17104 (717) 232.9757 FAX (717) 234-2227 CRAWFORD COUNTY CUMBERLAND COUNTY 1400 Abington Executive Park Suite 1 Clarks Summit, PA 18411 (570)587.9163 or(800)922-9537 FAX (570) 587-9134-9135 Greater Eric Community Action Committee 18 West 9° Street Erie, PA 16501 (814) 459-4581 FAX(814)456-0161 Shenango Valley Urban League, Inc. 601 Indiana Avenue Farrell, PA 16121 (412) 981-5310 Financial Cotrnselinll; Services of Franklin 31 West 3"' Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 "G" Street Carlisle, PA 17013 It (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St Gettysburg, PA 17325 (717) 334-1518 FAX 334-8326 PENNSYLVANIA BULLETIN, VOL. 29, NO. 23, JUNE 5,1999 EXHjBIT p, ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance with a survey of D. P. Raffensperger Associates, Engineers and Surveyors, dated November 20, 1972, as follows: BEGINNING at a point on the western line of Barbara Street, which point is 214 feet South of Brandt Avenue; thence along the western line of Barbara Street, South 44 degrees 42 minutes West 63 feet to a point; thence North 45 degrees 18 minutes West 110 feet to a point; thence North 44 degrees 42 minutes East 63 feet to a point; thence South 45 degrees 18 minutes East 110 feet to the point of BEGINNING. BEING 56 feet of Lot No. 8 and 7 feet of Lot No. 7 on Plan of Forrest Hills, as recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 54. HAVING THEREON ERECTED a one story stucco dwelling house, known as No. 707 Barbara Street, New Cumberland, Pennsylvania. PRElISES ON: 707 BARBARA STREET VERIFICATION MARK HINKLE hereby states that he is V.P. of CENDANT MORTGAGE SERVICES mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: /?? /V ? ? ? r?U a ? ` ? ?, o ?,., N ?, ? °e ?, ? ? ? U, c C? ?!!J SHERIFF'S RETURN - REGULAR CASE NO: 2001-01084 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORAION VS OTT WILLIAM T JR ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon OTT WILLIAM T JR the DEFENDANT at 0014:26 HOURS, on the 1st day of :March 2001 at 707 BARBARA ST NEW CUMBERLAND, PA 17070 by handing to WILLIAM T. OTT, JR. a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 10.54 Affidavit .00 Surcharge 10.00 .00 38.54 Sworn and Subscribed to before me this f 4- day of a20-cw A. D. Q. 467 ?Prothonotary SoAnswe! Answers - R. Thomas Kline R. 03/02/2001 FEDERMAN & PHELAN BY : 4 ,gee eputy S eriff?j? SHERIFF'S RETURN - REGULAR CASE NO: 2001-01084 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORAION VS OTT WILLIAM T JR ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon OTT KELY A the DEFENDANT , at 0014:26 HOURS, on the 1st day of March 2001 at 707 BARBARA ST NEW CUMBERLAND, PA 17070 by handing to WILLIAM T. OTT, JR. a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of ?/]Aiwtl?/ o? 4D? A. D ? 'rothonotary So Answers: e R. Thomas Kline 03/02/2001 FEDERMAN & PHELAN By. t/2 7 y ? Deput y gSerilf FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION 6000 ATRIUM WAY, MS SV-01 MT. LAUREL, NJ 08054 Plaintiff VS. WILLIAM T. OTT, JR. KELLY A. OTT 707 BARBARA STREET NEW CUMBERLAND, PA 17070 Defendant(s) Attorney for Plaintiff :CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : NO. 2001-01084 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against WILLIAM T. OTT, JR. and KELLY A. OTT, 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 Plaintiffs damages as follows: As set forth in Complaint Interest 2/1/01 to 4/24/01 TOTAL $100,550.61 $1,467.44 $102,018.05 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. j? DATE:.! 2Ov I +?- /( PRO PROTI "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. "+ FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 CENDANT MORTGAGE CORPORATION Plaintiff VS. WILLIAM T. OTT, JR KELLY A. OTT Defendant(s) TO: WILLIAM T. OTT, JR 707 BARBARA STREET NEW CUMBERLAND, PA 17070 DATE OF NOTICE: MARCH 28, 2001 ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY : NO. 2001-01084 )Oy THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed 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 (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 CENDANT MORTGAGE CORPORATION Plaintiff Vs. WILLIAM T. OTT, JR KELLY A. OTT Defendant TO: KELLY A. OTT 707 BARBARA STREET NEW CUMBERLAND, PA 17070 DATE OF NOTICE: MARCH 28, 2001 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY : NO. 2001-01084 Vr THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed 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 (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION Plaintiff VS. WILLIAM T. OTT, JR. KELLY A. OTT Defendant(s) Attorney for Plaintiff :CUMBERLAND COUNTY : Court of Common Pleas CIVIL DIVISION : NO. 2001-01084 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended (b) that defendant WILLIAM T. OTT, JR. is over 18 years of age and resides at 707 BARBARA STREET, NEW CUMBERLAND, PA 17070. (c) that defendant KELLY A. OTT is over 18 years of age, and resides at 707 BARBARA STREET, NEW CUMBERLAND, PA 17070. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswotn falsification to authorities. FRANK FEDERMAN Attorney for Plaintiff (Rule of Civil Procedure No. 236 - Revised) CENDANT MORTGAGE CORPORATION Plaintiff VS. WILLIAM T. OTT, JR. KELLY A. OTT Defendant(s) : CUMBERLAND COUNTY : Court of Common Pleas : CIVIL DIVISION : NO. 2001-01084 Notice is given that a Judgment in the above captioned matter has been entered against you on -M-1 1 1 2001. By ?n V-P- 'yg4B DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** or PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.RC.P.3180-3183 CENDANT MORTGAGE CORPORATION Plaintiff, V. No. 2001-01084 WILLIAM T. OTT,JR. KELLY A. OTT Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $102,018.05 Interest from 4/25/01 TO 9/5/01 $2,230.41 and Costs (per diem - $16.77) TOTAL $104,248.46 FRANK FEDERMAN, jaE/' ONE PENN CENTER at SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 Attorney for Plaintiff Note: Please attach description of property.No. Q d O 0 0 N H d O z o z z ?w a o a OH U z ? d 00 U F O d ?' U F" Z ? U a ?H HH 00 F: d a ..a .a 3 O O U w -wN w? O ? H ? ,y o W W W o, b I 0 r 0 r d H Oy ?z Hd a?W w a. 0 w 0 Q 0 r 0 r d W ? U as r W 3°z b ro o. 3 !?l \l ALL THAT CERTAIN piece or parcel of land situtate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance with a survey of D.P. Raffensperger Associates, Engineers and Surveyors, dated November 20, 1972 as follows: BEGINNING at a point on the western line of Barbara Street, which point is 214 feet South of Brandt Avenue; thence along the western line of Barbara Street, South 44 degrees 42 minutes West 63 feet to a point; thence North 45 degrees 18 minutes West 110 feet to a point, thence North 44 degrees 42 minutes East 63 feet to a point; thence South 45 degrees 18 minutes East 110 feet to the point of BEGINNING. BEING 56 feet of Lot No. 8 and 7 feet of Lot No. 7 on Plan of Forrest Hills, as recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 54. HAVING THEREON ERECTED a one story stucco dwelling house, known as No. 707 Barbara Street, New Cumberland, Pennsylvania. Being known as: 707 Barbara Street, New Cumberland, PA 17070 TITLE TO SAID PREMISES IS VESTED IN Deed from Michael D. Coulson and Pamela J. 12/3/98, in Deed Book 190, Page 494. William T. On, Jr. and Kelly A. Ott, His Wife by Coulson, His Wife dated 11/30198, recorded Tax parcel: #26-24-0809-088 LNJ W r ` V CENDANT MORTGAGE CORPORATION Plaintiff, V. WILLIAM T. OTTJR. KELLY A. OTT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2001-01084 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CENDANT MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 707 BARBARA STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) 7 WILLIAM T. OTT,JR. 707 BARBARA STREET NEW CUMBERLAND, PA 17070 KELLY A. OTT 707 BARBARA STREET ? NEW CUMBERLAND, PA 17070 'b04 2. Name and address of Defendant(s) in the judgment: Cot NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Co fh Depa Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real 0fy that property to be sold: pe1g soft NAME LAST KNOWN ADDRESS (If address cannot be pa. C` reasonably ascertained, please so indicate.) Ma. DA, None t ?; ?. ?: ?' =;`> '. ?, ? _, FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 CEND.4NT MORTGAGE CORPORATION Plaintiff, V. WILLIAM T. OTT,JR. KELLY A. OTT Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2001-01084 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 unworn falsification to authorities. F NK FEDERMA ESQUIRE Attorney for Plaintiff ?> ,. -- __. _- -? r ,v CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, V. No. 2001-01084 WILLIAM T. OTT,JR. KELLY A. OTT Defendant(s). May 1, 2001 TO: WILLIAM T. OTT,JR. KELLY A. OTT 707 BARBARA STREET NEW CUMBERLAND, PA 17070 "*THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.*" Your house (real estate) at 707 BARBARA STREET, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5,2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by CENDANT MORTGAGE CORPORATION (the mortgagee) against you. If the Sheriff s sale is postponed, the property will be relisted for the DECEMBER 5,2001 Sheriffs Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN piece or parcel of land situtate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance with a survey of D.P. Raffensperger Associates, Engineers and Surveyors, dated November 20, 1972 as follows: BEGINNING at a point on the western line of Barbara Street, which point is 214 feet South of Brandt Avenue; thence along the western line of Barbara Street, South 44 degrees 42 minutes West 63 feet to a point; thence North 45 degrees 18 minutes West 110 feet to a point; thence North 44 degrees 42 minutes East 63 feet to a point; thence South 45 degrees 18 minutes East 110 feet to the point of BEGINNING. BEING 56 feet of Lot No. 8 and 7 feet of Lot No. 7 on Plan of Forrest Hills, as recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 54. HAVING THEREON ERECTED a one story stucco dwelling house, known as No. 707 Barbara Street, New Cumberland, Pennsylvania. Being known as: 707 Barbara Street, New Cumberland, PA 17070 TITLE TO SAID PREMISES IS VESTED IN William T. Ott, Jr. and Kelly A. Ott, His Wife by Deed from Michael D. Coulson and Pamela J. Coulson, His Wife dated 11130198, recorded 1213198, in Deed Book 190, page 494. Tax parcel: 926-24-0809-088 ,. '. j '.,. .. _. v FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION 6000 ATRIUM WAY, MS SV-01 MT. LAUREL, NJ 08054 Plaintiff VS. WILLIAM T. OTT, JR. KELLY A. OTT 707 BARBARA STREET NEW CUMBERLAND, PA 17070 Defendant(s) Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : NO. 2001-01084 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against WILLIAM T. OTT, JR. and KELLY A. OTT, 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 2/1/01 to 4/24/01 TOTAL $100,550.61 1$ .467.44 $102,018.05 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: -1?! /ice : A , ?- / PRO PROT? "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. " FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 CENDANT MORTGAGE CORPORATION Plaintiff VS. WILLIAM T. OTT, JR KELLY A. OTT Defendant(s) TO: WILLIAM T. OTT, JR 707 BARBARA STREET NEW CUMBERLAND, PA 17070 DATE OF NOTICE: MARCH 28. 2001 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY NO. 2001-01084 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed 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 (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 CENDANT MORTGAGE CORPORATION Plaintiff vs. WILLIAM T. OTT, JR KELLY A. OTT Defendant TO: KELLY A. OTT 707 BARBARA STREET NEW CUMBERLAND, PA 17070 DATE OF NOTICE: MARCH 28, 2001 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY : NO. 2001-01084 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed 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 (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION Plaintiff VS. WILLIAM T. OTT, JR. KELLY A. OTT Defendant(s) Attorney for Plaintiff :CUMBERLAND COUNTY : Court of Common Pleas : CIVIL DIVISION : NO. 2001-01084 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended (b) that defendant WILLIAM T. OTT, JR. is over 18 years of age and resides at 707 BARBARA STREET, NEW CUMBERLAND, PA 17070. (c) that defendant KELLY A. OTT is over 18 years of age, and resides at 707 BARBARA STREET, NEW CUMBERLAND, PA 17070. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. FRANK FEDERMAN Attomey for Plaintiff (Rule of Civil Procedure No. 236 - Revised) CENDANT MORTGAGE CORPORATION Plaintiff VS. WILLIAM T. OTT, JR. KELLY A. OTT Defendant(s) : CUMBERLAND COUNTY : Court of Common Pleas CIVIL DIVISION NO. 2001-01084 Notice is given that a Judgment in the above captioned matter has been entered against you on _M-?-) .( ( , 2001. By ?JLLC9CtS?DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 71z) ^U N ? j. ? w r"N AFFIDAVIT OF SERVICE PLAINTIFF CENDANT MORTGAGE CORPORATION No.2001-01084 DEFENDANT(S) WILLIAM T. OTT,JR. Type of Action KELLY A. OTT - Notice of Sheriffs Sale SERVE WILLIAM T. OTT,JR. AT Sale Date: SEPTEMBER 5,2001 707 BARBARA STREET NEW CUMBERLAND, PA 17070 1 SERVED l? qq Served and made known to (l) \ a"^ T Defendant, on the ?ll day of N? 1d 200_t at X30 o'clockt-.m,at 701 y5ovL6aaa, Cj?? ?eW Cv?ioefClaNeL Commonwealth i of Pennsylvania, in the manner described below: Defendant personally served. / I Adult family member with whom Defendant(s) reside(s). Relationship is W r { e ?? z l `/ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. ManagerlClerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: ?.,?' _r rt _ Io N°0 e(aYe?C 19rew ?: ha?R Description: AgeT? Height Weight S Race W Sex Other rc:mp I, C a tCe f'c t ?, Ca'c- k`I, 9 coetent adult, being duly swom according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Notarial Seal be Sworn m and su?b$Cnba staoy L. H Mer*NoP Bor I ILI1 C h Cars.ri; my beforEE??me J L? day My Commiesion expc2 of f? 200Member, Penng 1ania A o Notary: t, 1, Hy: NOT SERVED On the day of . 200_, at o'clock _.in., Defendant NOT FOUND because: __ Moved Unknown ! No Answer Other: Sworn to and subscribed before me this day of 200 Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 _ Vacant ?e? n r- Z C i ul .. c? -J AFFIDAVIT OF SERVICE PLAINTIFF CENDANT MORTGAGE CORPORATION No.2001-01084 DEFENDANT(S) WILLIAM T. OTT,JR. Type of Action KELLY A. OTT - Notice of Sheriffs Sale SERVE KELLY A. OTT AT Sale Date: SEPTEMBER 5,2001 707 BARBARA STREET NEW CUMBERLAND, PA 17070 ^ SERVED Served and made known to t( 1 \ e I l y A , 1o t , Defendant, on the `day of 4 t a ? 200_, at '' -;O o'clock ?.m., at 70764'e, p aka S Iv ^? CU P e 2'a N c? Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: a R`? h w r ?na (Z I r i r {? I O t` ?} Description; Age 40 Height ?L Weight ? Race WA Sex W Other c? s5 e S I, a?- a coeNCv ? , Cam,-'c'j 2lo C? mpetent adult, being duly sworn according to taw, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as gat rth herein, issued in the captioned case on the date and at the address indicated above. I Notarial seal Stacy L Heetner, Notary Public Sworn to and sub cubed Chambersburg Boro, Franklin County My Commission Emiall Aug. 5, 2002 before ]tee his day Member, Penns y, nia ociation of Notan of IYI 2001. Notary: By: G NOT SERVED On the _, day of .209_, at o'clock _.in., Defendant NOT FOUND because: __ Moved Unknown _ No Answer Vacant Orher: Sv,om to and subsc+bed before me this ._ day of 200 Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 One Penn Center Suburban Station, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 c7 0 - „ vi'i'- 'L C'" C!? 1-' L G ? ? T , ? _,. ?" G .' .? - ? `t ? ?l '? -ti Cendant Mortgage Corporation VS William T. Ott and Kelly A. Ott In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-1084 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs Docketing 30.00 Surcharge 30.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Share of Bills 25.66 Mileage 21.59 Levy 15.00 Advertising Certified Mail Poundage 2.78 Postpone Sale Law Journal Patriot News $ 141.53 paid by attorney 8/31/01 Sworn and subscribed to before me So Answers: This -L day of R. Thomas Kline, Sheriff 2001, A.D.. BY ' ,S Prothonotary ReAI Est Deputy P1.S:p ck 33531 CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS WILLIAM T. OTT,JR. CIVIL DIVISION KELLY A. OTT NO. 2001-01084 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CENDANT MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 707 BARBARA STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) WILLIAM T. OTT,JR. 707 BARBARA STREET NEW CUMBERLAND, PA 17070 KELLY A. OTT 707 BARBARA STREET NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of everyjudgment creditor whose judgment is a record `.ien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None REAL ESTATE S`,LE No. o 0 cv, Vii 1-1 C-? f, ;zoo I the sheritt levied upon the detenc44,- Interest in the real nrnna, ? ittmto,' in Earmvlk Cumberland Count),, L: { jmbered as: 7o 7 j5 "'e'a qt"j- Lj F W ..;:;rued on Exhibit "A" filed with this writ and by thin retesence' ,corporated h'erO. late: ?? 9, a cool BY: K ? y D¢Pv t N FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE ATTORNEY I.D. NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION V. WILLIAM T. OTT, JR. KELLY A. OTT ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO: 2001-01084 CUMBERLAND COUNTY PRAECIPE TO MARK JUDGMENT TO USE OF PLAINTIFF TO THE PROTHONOTARY: Please mark the judgment in the amount of $102,018.05 in the above captioned matter to the use of EMC MORTGAGE CORPORATION, 909 HIDDEN RIDGE DRIVE, IRVING, TX 75038. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DATE:July 15, 2004 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of EMC MORTGAGE CORPORATION FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DATE:July 15, 2004 ? ? ? C r?: ? _, ?_? ? w ? ? ?_, w ? ?, ? ?, ? ?, ? ? ;; -? PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 EMC MORTGAGE CORPORATION Plaintiff, V. WILLIAM T. OTT, JR. KELLY A. OTT No. 2001-01084 Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $102,018.05 Interest from 5/8/01-12/8/04 $21,985.47 and Costs (per diem -$16.77) TOTAL $124,003.52 ,?l w-tt'"on f" 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. oz? a? zz ?a OF Uz cc 61 Od U WW F? z? n o ?- c?j rn r-- v 0 ?a C U Cw9 L?7 a w O iLl Ll o, 0 0 r r 0 0 r r as Az A Qa ada G4 a W W L? Pa U U z 33 z4 U ? ww 'w F d F ? ?w ? ? ? .a on ° C U ti b ° d ? O v W U ALL THAT CERTAIN piece or parcel of land situtate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance with a survey of D.P. Raffensperger Associates, Engineers and Surveyors, dated November 20, 1972 as follows: BEGINNING at a point on the western line of Barbara Street, which point is 214 feet South of Brandt Avenue; thence along the western line of Barbara Street, South 44 degrees 42 minutes West 63 feet to a point; thence North 45 degrees 18 minutes West 110 feet to a point; thence North 44 degrees 42 minutes East 63 feet to a point; thence South 45 degrees 18 minutes East 110 feet to the point of BEGINNING. BEING 56 feet of Lot No. 8 and 7 feet of Lot No. 7 on Plan of Forrest Hills, as recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 54, HAVING THEREON ERECTED a one story stucco dwelling house, known as No. 707 Barbara Street, New Cumberland, Pennsylvania. Being known as: 707 Barbara Street, New Cumberland, PA 17070 T E TO AID PUT IrfIS S IS VESTED IN Deed from Michael D. Coulson and Pamela J. 1213/98, in Deed Book 190, page 494- William T. Ott, Jr. and Kelly A. Ott, His Wife by Coulson, His Wife dated 11130198, recorded Tax parcel: #26-24-0809-088 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-1084 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EMC MORTGAGE CORPORATION, Plaintiff (s) From WILLIAM T. OTT, JR. AND KELLY A. OTT (1) You ate directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $102,018.05 L.L. Interest FROM 5/8/01- 12/8104 (PER DIEM - $16.77) -- $21,985.47 AND COSTS Arty's Comm % Arty Paid $285.57 Plaintiff Paid Date: JULY 19, 2004 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonota c By: 7/1 nn, n Deputy Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 IN THE UNITED STATES BANKRUPTCY COURT 1 FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: )CASE NUMBER: 1-01-03008-MDF William T. and Kelly A. Ott, )CHAPTER 13 Debtors. ) EMC Mortgage Corporation as servicing agent ). N?RH!SgU for Fannie Mae, Movant, ) SUN 2 2 VS. ) ganY.ruP`c7 Clerk, t).SWilliam. T. and Kelly A. Ott, Debtors and ) Charles J. DeHart, a Trustee, ) Respondents. ) ORDER OF COURT AND NOW, this ?? day of I 1" 2004 upon consideration of the foregoing Certificate of Default, filed on behalf of Movant, it is hereby ORDERED, ADJUDGED and DECREED that the Default is granted and the automatic stay is terminated as it affects the interests of Movant, in the real property and improvements thereon commonly known as 707 Barbara Street, New Cumberland, PA 17070. BY THE COURT: ?Mary . el?4?c) U.S. Bankruptcy Court Loan no. "3283 I i FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 EMC MORTGAGE CORPORATION Plaintiff, v. WILLIAM T. OTT, JR. KELLY A. OTT Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2001-01084 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 unworn falsification to authorities. ®+ftA FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff r_-> --. ? _,, ?" _._ l:; ? - i.. -. EMC MORTGAGE CORPORATION V. Plaintiff, WILLIAM T. OTT, JR. KELLY A. OTT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2001-01084 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) EMC 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,707 BARBARA STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name WILLIAM T. OTT, JR. KELLY A. OTT Last Known Address (if address cannot be reasonably ascertained, please indicate) 707 BARBARA STREET NEW CUMBERLAND, PA 17070 707 BARBARA STREET NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 707 BARBARA STREET NEW CUMBERLAND, PA 17070 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. July 15, 2004 'i njt k " QA DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ?. ??, c? ?o ?n G: C' -! CLTMBE?'ANO CONY EMC MpRTr,AGE C PgpO f?T1ON v. pTT, ?. ?I.LIAr'f pTT KELLY A' Defendant(s)- ' No. 2001-01084 July 15, 2004 1?LBx SIPLEv 1 A110,70 EMC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, V. No. 2001-01084 WILLIAM T. OTT, JR. KELLY A. OTT Defendant(s). July 15, 2004 TO: WILLIAM T. OTT, JR. KELLY A. OTT 707 BARBARA STREET 707 BARBARA STREET NEW CUMBERLAND, PA 17070 NEW CUMBERLAND, PA 17070 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. * * Your house (real estate) at, 707 BARBARA STREET, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriffs Sale on DECEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $102,018.05 obtained by EMC 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, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened, 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN piece or parcel of land situtate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance with a survey of D.P. Raffensperger Associates, Engineers and Surveyors, dated November 20, 1972 as follows: BEGINNING at a point on the western line of Barbara Street, which point is 214 feet South of Brandt Avenue; thence along the western line of Barbara Street, South 44 degrees 42 minutes West 63 feet to a point; thence North 45 degrees 18 minutes West 110 feet to a point; thence North 44 degrees 42 minutes East 63 feet to a point; thence South 45 degrees 18 minutes East 110 feet to the point of BEGINNING. BEING 56 feet of Lot No. 8 and 7 feet of Lot No. 7 on Plan of Forrest Hills, as recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 54. HAVING THEREON ERECTED a one story stucco dwelling house, known as No. 707 Barbara Street, New Cumberland, Pennsylvania. Being known as: 707 Barbara Street, New Cumberland, PA 17070 TITLE TO SAID PREMISES IS VESTED IN Deed from Michael D. Coulson and Pamela I. 12/3/98, in Deed Book 190, Page 494. William T. Ott, Jr. and Kelly A. Ott, His Wife by Coulson, His Wife dated 11/30/98, recorded Tax parcel: 426-24-0809-088 i.' :l it i'_` f:j ?: J -> ?. i AFFIDAVIT OF SERVICE PLAINTIFF EMC MORTGAGE CORPORATION CUMBERLAND COUNTY PJT DEFENDANT(S) WILLIAM T. OTT, JR. No. 2001-01084 KELLY A. OTT ACCT. #2343283 SERVE WILLIAM T. OTT, JR. AT 707 BARBARA STREET Type of Action NEW CUMBERLAND, PA 17070 Notice of Sheriffs Sale Sale Date: DECEMBER 8, 2004 SERVED Served and made known to William T. Ott, Jr. 26th Defendant, on the day of July 200_¢ at 6:05 o'clock P.m., at 707 Barbara Street, New Cumberland, PA 17070 Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. X Adult family member with whom Defendant(s) reside(s). Name and Relationship is Kelly A. Ott Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. Other. an officer of said Defendant(s)'s company. Description: Age _ Height _ Weight _ Race Sex Other I, Melissa Ba ten , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. --- ! Notarial Seal Sworn to and subscribed Wendy M. Livingston, Notary Public j !! Susquehanna qwp,. Dauphin County i before me this y i My Commission Expires Oct. 24, 2005 ! of 200 r,ar? nr si III ASSWatoncf No; No r By?_.. n PL ASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICAT DATES & TIMES OF SERVICE ATTEMPTED. NOTSERVED On the day of 200at o'clock _.m, Defendant NOT FOUND because: Moved _ Unknown _ No Answer Vacant 1st Attempt: Time: 3rd Attempt: _/ / Time: Sworn to and subscribed before me this _ day of 200. Notary: By: 2nd Attempt:- ---L _/Time: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 ;!aM L 5 Ill ?,:c. 't7 L1 ?, W ;:]f C.,` ?"°:111 t cu Q.F AFFIDAVIT OF SERVICE COUNTY CUMBERLAND PLAINTIFF EMC MORTGAGE CORPORATION DEFENDANT(S) WILLIAM T. OTT, JR. No. 2001-01084 KELLY A. OTT ACCT. #2343283 SERVE KELLY A. OTT AT 707 BARBARA STREET Notice Type Notice Action NEW CUMBERLAND, PA 17070 of Sheriff's Sale Sale Date: DECEMBER 8, 2004 SERVED PJT Served and made known to Kelly A. Ott ,Defendant, ontlhe 26th day of July .2004_,at6-or;_ o'clock-pm.,at 707 Barbara Street, New Cumberland, PA 17070 Commonwealth of Pennsylvania, in the manner described below: ___X_ 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 relationshi Manager/Clerk of place of lodging in which Defendant(s) reside(s). p. Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age Mid 30 Height 5'5t t Weight 1 25-110ce C Sex F Other Brown shoulder length I, Mel;-SA R_tpn hair with bangs and wire personally handed a true and correct copy Of thpetent e Notice of being Sheriffs y Sale in the ding rim glasses. manner asst f p orth herein, issued that captioned case on the date and at the address.incl ated above. the ,ia! s Sworn to ands????5{/(,syccrr?ilJbed "]Y M t ivingcton Notary Public before a this K O/?I da 9 ?'hann , Pup D wphue Cc,,., E 21 Of y F?xi ueti Oct 200 Note r =TIMES? gy. PLEASEATTEMPT SERVICE AT LEAT IA TE DATES & TIMES OF SERVICE ATTEMPTED. NOTSERVED On the day of --__, 200_, at Moved Unknown _ No Answer IStAttempt: / /.Time: o'clock _.m., Defendant NOT FOUND because: Vacant 2nd Attempt:_ --L /Time: 3rd Attempt:,/ / Time: Sworn to and subscribed before me this _ day of _1200. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 CD FEDERMAN PHELAN BY: FRANK FEDERMAN ATTORNEY I.D. NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CENDANT MORTGAGE CORPORATION V. WILLIAM T. OTT, JR. KELLY A. OTT COURT OF COMMON PLEAS CIVIL DIVISION NO: 2001-01084 CUMBERLAND COUNTY PRAECIPE TO MARK JUDGMENT TO USE OF PLAINTIFF TO THE PROTHONOTARY: Please mark the judgment in the amount of $102,018.05 in the above captioned matter to the use of EMC MORTGAGE CORPORATION, 909 HIDDEN RIDGE DR,STE. 200, IRVING, TX 75038 -IME L ? FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DATE:November 22, 2004 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of EMC MORTGAGE CORPORATION, 909 HIDDEN RIDGE DR,STE. 200, IRVING, TX 75038 ATTORNEY FOR PLAINTIFF FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DATE:November 22, 2004 Jv- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EMC MORTGAGE CORPORATION VS. WILLIAM T. OTT, JR. KELLY A. OTT CIVIL ACTION CIVIL DIVISION NO. 2001-01084 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for E1%/.[C MORTGAGE CORPORATION hereby verify that on 7/16/04 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: November 22, 2004 4ULAM FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff a bo ?° ? •,? r., z U A w N -- O ?D W J O? Cn A w N r ? W z cr m 9 a ? -+ a tTi ty+ n ? ro N 6 ? ? b C7 Q - c 'rJ a • . 2° ono '001, , V a o b :.Ho ? o o pu o c ? o. @• r 8q??g rn t? .9. S ? ° ?? Pte • u. j o tp 02 1.A 6 000430037 M ' g d+ 2 AILED FRO o n o m 0 . ? g m m ? o , f?D Q"'j" R e? A A y ooh ?r c H ?. A ? 1F l mN AITNEY BO{fYES 00.90° 7 JfJL 1 6 2004 MI ZIP CODE 1 9 1 0 3 £'? C) x- f`'D 71, f7'1 rr1 r? EMC Mortgage Corporation VS William T. Ott, Jr. and Kelly A. Ott In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-1084 Civil Term Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on September 14, 2004 at 3:25 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: William T. Ott, Jr. and Kelly A. Ott, by making known unto William Ott Jr., personally and adult in charge for Kelly A. Ott, at 707 Barbara Street, New Cumberland, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on October 07, 2004 at 2:23 o'clock P.M., he posted a true copy of the within Real Estat Writ, Notice, Poster and Description, in the above entitled action, upon the property of William R. Ott, Jr. and Kelly A. Ott located at 707 Barbara Street, New Cumberland, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: William T. Ott, Jr. and Kelly A. Ott, by regular mail to their last known address of 707 Barbara Street, New Cumberland, PA 17070. These letters were 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 this is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 13.42 Posting Bills 15.00 Advertising 15.00 Prothonotary 1.00 Mileage 25.16 Levy 15.00 Surcharge 30.00 Law Journal 237.50 Patriot News 251.74 Share of Bills 30.42 Postpone Sale 20.00 $684.24 Sworn and subscribed to before me This ,F day of_Z ade.J, 2005, A.D. othonotJ ry 'CgM tA'ns% ?i. Thomas Kline, Shai5? 13Y 06Ol t 5?"'t4 Real Estate eputy EMC MORTGAGE CORPORATION Plaintiff, V. WILLIAM T. OTT, JR. KELLY A. OTT Defendant(s). NO. 2001-01084 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) EMC MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FR K FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution ras filed the following information concerning the real property located at 707 BARBARA STREET W CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name WILLIAM T. OTT, JR. KELLY A. OTT CUMBERLAND COUNTY COURT OF COMMON PL CIVIL DIVISION Last Known Address (if address cannot be reasonably ascertained, please indicate) 707 BARBARA STREET NEW CUMBERLAND, PA 17070 707 BARBARA STREET NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien can the real property to be sold: I Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 707 BARBARA STREET NEW CUMBERLAND, PA 17070 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made sub penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. July 15, 2004 t p Q ?NY ?J ti DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff interestin to the EMC MORTGAGE CORPORATION Plaintiff, V. WILLIAM T. OTT, JR. KELLY A. OTT Defendant(s). CUMBERLAND COUNTY No. 2001-01084 July 15, 2004 TO: WILLIAM T. OTT, JR. KELLY A. OTT 707 BARBARA STREET 707 BARBARA STREET NEW CUMBERLAND, PA 17070 NEW CUMBERLAND, PA 17070 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFO IATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCH RGE IN BANKRUPTCYAND 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 ALIEN AGAINST PROPERTY* Your house (real estate) at 707 BARBARA STREET NEW CUMBERLAND. HA 17070, is scheduled to be sold at the Sheriffs Sale on DECEMBER 8, 2004 at 10:00 a.m. in the C berland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgm t of $102,018.05 obtained by EMC MORTGAGE CORPORATION (the mortgagee) against ou. In the event the sale is continued, an announcement will be made at said sale in compliance with a.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike r open the judgment, if the judgment was improperly entered. You may also ask the Con to postpone the sale for good cause. 1 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, you will have of stopping the sale. (See notice on page two on how to obtain an atto 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 find out the price bid by calling (215) 563-7000. more chance You may 2. You may be able to petition the Court to set aside the sale if the bid price was 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 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 pwner of the property as if the sale never happened. I 5. You have the right to remain in the property until the full amount due is paid to e 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 which was paid for your house. A hedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days oft sale. This schedule will state who will be receiving that money. The money will be paid out in accord IN with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed w th 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, f you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO I?T HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE ISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may n qt be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must e postponed or stayed in the event that a representative of the plaintiff is not present at he sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN piece or parcel of land situtate in the Borough of New Cumberland, Co of Cumberland and State of Pennsylvania, more particularly bounded and described in accor an with a survey of D. P. Raffensperger Associates, Engineers and Surveyors, dated November 0, 1972 as follows: BEGINNING at a point on the western line of Barbara Street, which point is 214 feet South Brandt Avenue; thence along the western line of Barbara Street, South 44 degrees 42 minutes est 63 feet to a point; thence North 45 degrees 18 minutes West 110 feet to a point; thence North 44 degrees 42 minutes East 63 feet to a point; thence South 45 degrees 18 minutes East 110 feet the point of BEGINNING. BEING 56 feet of Lot No. 8 and 7 feet of Lot No. 7 on Plan of Forrest Hills, as recorded in Cumberland County Recorder's Office in Plan Book 4, Page 54. HAVING THEREON ERECTED a one story stucco dwelling house, known as No. 707 Street, New Cumberland, Pennsylvania. Being known as: 707 Barbara Street, New Cumberland, PA 17070 TITLE TO SAID PREMISES IS VESTED IN Deed from Michael D. Coulson and Pamela 3- 12/3198, in Deed Book 190, Page 494. William T. Ott, jr. and Kelly A. Ott, His WifAby Coulson, His Wife dated 11130/98, recorded Tax parcel: #26-24-0809-088 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-1084 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LA) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EMC MORTGAGE CORPORATION, Plaintiff (s) From WILLIAM T. OTT, JR. AND KELLY A. OTT (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 gamishee(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 defend (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as garnishee and is enjoined as above stated. Amount Due $102,018.05 L.L. Interest FROM 518101 -12/8/04 (PER DIEM - $16.77) -- $21,985.47 AND COSTS Atty's Comm % Due Prothy $1.00 Atry Paid $285.57 Other Costs Plaintiff Paid Date: JULY 19, 2004 CURTIS R. LONG (Seal) Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Real Estate Sale #18 On August 27, 2004 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 707 Barbara Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 27, 2004 By: J64 Real Est e Deputy !' "?, I.tSWl3d COPY SALE#18 REAL ESTATE SALE. NO. is Writ No. 2001-1084 <. ;.CNHTetm EMCMortpr Corporation a . WIIIISmT.Ott,Jr.and "ty A. Ott Atty.. Frank Federman DESCRIPTION AIL THAT CIRTAIN piece a, pacelof land -situate ut tie Bm * of New CmWaml, Conroy at Cltmtiedmd aad:5mte of'onowt ania, ,.:bime p dmwy-:.bonded. and dexnw as "Associates, Bagiceas: and Surayas, r NovemberM S12 m Nows: BBORMO?at a pilot m ffie western lu Baduo: 9M1 ethicmim is 714 lrrt enm )hE de W nntsmnlntr. GM, of LA No. S aat 7 fat a Lot srbma strx4 New p co a? pp y ?F o?6",s o ??. F. Ud•? ??p u ? },°.? N4wp ? ? m NC,G? QQb NQ C 61 ?yoo do?? P ad?w P^d? c b R N ?;.i a.J. x C G7 a1 ?? 2aF" U+ co 19 m Fy oo oG??bD O y?aa''?,C~x,`wp Obq dq W? ^, o b A °S1 mss, °q ?.?3n.oNODf?p wd.. ?oRNij z°o?'`. W 00CA?F NO'S'',°mN C~? Q? Uw P.tj7d GYd ? ?`d "?rJ b°yy olt47 dHOUO?.?U x-'ym V a ° 7y x CC°? o o° u °roP C9i G"' mda'?iG?W??? ??E' m'Z,px 3yz OQ .N'q aaYid °vv opH N UNO ??D NZ O?ONNO.-9 CO YC) V1 d`S? U'^v a?'"TUOy? m1,4 G `A '? ? x ? ° ? 0 6LP 3 W ?aPF. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 EMC MORTGAGE CORPORATION Plaintiff, V. No. 2001-01084 WILLIAM T. OTT, JR. KELLY A. OTT Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 04/24/01 TO 06/11/08 (per diem -$16.77) Add'1 Costs TOTAL $102,018.05 $43,702.62 and Costs $3,035.50 $148,756.17 DANIEL G. S IEG, 4QIJIRE One Penn Center at Suburb 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. 44739 ?V ®rYo, w? oz ?> z W? o z OW O a O Z rUMM O O V U ? H ? W ?U 0 E.., O O EH ? ?a a52 O O O O rl ? as A A d d aa ?a WW Oa Chi UU z 33 0 zz U WW a W G?+ o ? ? vs vs bo C? o a.1?1 wo ¢ ?? U N a w ? ? °?° UI (i? -° can ? :? s B0o L 00 L g Co o o b f? ? b a? p. a o? M ?t _73 tT, or Legal Description ALL THAT CERTAIN piece or parcel of land situtate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance with a survey of D.P. Raffensperger Associates, Engineers and Surveyors, dated November 20, 1972 as follows: BEGINNING at a point on the western line of Barbara Street, which point is 214 feet South of Brandt Avenue; thence along the western line of Barbara Street, South 44 degrees 42 minutes West 63 feet to a point; thence North 45 degrees 18 minutes West 110 feet to a point; thence North 44 degrees 42 minutes East 63 feet to a point; thence South 45 degrees 18 minutes East 110 feet to the point of BEGINNING. BEING 56 feet of Lot No. 8 and 7 feet of Lot No. 7 on Plan of Forrest Hills, as recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 54. HAVING THEREON ERECTED a one story stucco dwelling house, known as No. 707 Barbara Street, New Cumberland, Pennsylvania. Being known as: 707 Barbara Street, New Cumberland, PA 17070 TITLE TO SAID PREMISES IS VESTED IN William T. Ott, Jr. and Kelly A. Ott, His Wife by Deed from Michael D. Coulson and Pamela J. Coulson, His Wife dated 11/30/98, recorded 12/3/98, in Deed Book 190, Page 494. Tax parcel: #26-24-0809-088 IN RE: IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA BK CASE NO.: 1-05-bk-01119-MDF William T. Ott and Kelly A. Ott, Debtor. EMC Mortgage Corporation Movant, VS. William T. Ott and Kelly A. Ott, Debtors and Charles J. DeHart, III, Trustee Respondents. CHAPTER 13 ORDER OF COURT Upon consideration of the foregoing Certificate of Default, filed on behalf of EMC Mortgage Corporation, it is hereby ORDERED, ADJUDGED, and DECREED that the Default is granted and the automatic stay is terminated as it affects the interests of Movant in the real property and improvements thereon commonly known as 707 Barbara Street, New Cumberland, PA 17070. By the Court, p dude (JDK) This document is electronically signed and fated on the same date. Dated: November 8, 2007 EMC MORTGAGE CORPORATION Plaintiff, V. . WILLIAM T. OTT, JR. KELLY A. OTT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2001-01084 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) EMC 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 ,707 BARBARA STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name WILLIAM T. OTT, JR. KELLY A. OTT Last Known Address (if address cannot be reasonably ascertained, please indicate) 707 BARBARA STREET NEW CUMBERLAND, PA 17070 707 BARBARA STREET NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None AV 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 707 BARBARA STREET NEW CUMBERLAND, PA 17070 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 4, 2008 DATE DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff c7 ?.,,, ? ?i rr? c,,_? ? _? r .; _ f -- j - r- ' i ?..?,. ? .... r y _, ; _ '? `?'? ? t?C7j ? ?! C..} -w7 I PJ .,.C . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 EMC MORTGAGE CORPORATION Plaintiff, V. WILLIAM T. OTT, JR. KELLY A. OTT Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2001-01084 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: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQ RE Attorney for Plaintiff `C; C "} c *.Jw =o -< EMC MORTGAGE CORPORATION Plaintiff, V. WILLIAM T. OTT, JR. KELLY A. OTT Defendant(s). CUMBERLAND COUNTY No. 2001-01084 January 4, 2008 TO: WILLIAM T. OTT, JR. 707 BARBARA STREET NEW CUMBERLAND, PA 17070 KELLY A. OTT 707 BARBARA STREET NEW CUMBERLAND, PA 17070 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTR UED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** Your house (real estate) at, 707 BARBARA STREET, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $102,018.05 obtained by EMC MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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 THAT CERTAIN piece or parcel of land situtate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance with a survey of D.P. Raffensperger Associates, Engineers and Surveyors, dated November 20, 1972 as follows: BEGINNING at a point on the western line of Barbara Street, which point is 214 feet South of Brandt Avenue; thence along the western fine of Barbara Street, South 44 degrees 42 minutes West 63 feet to a point; thence North 45 degrees 18 minutes West 110 feet to a point; thence North 44 degrees 42 minutes East 63 feet to a point; thence South 45 degrees 18 minutes East 110 feet to the point of BEGINNING. BEING 56 feet of Lot No. 8 and 7 feet of Lot No. 7 on Plan of Forrest Hills, as recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 54. HAVING THEREON ERECTED a one story stucco dwelling house, known as No. 707 Barbara Street, New Cumberland, Pennsylvania. Being known as: 707 Barbara Street, New Cumberland, PA 17070 TITLE TO SAID PREMISES IS VESTED IN William T. Ott, Jr. and Kelly A. Ott, His Wife by Deed from Michael D. Coulson and Pamela J. Coulson, His Wife dated 11130/98, recorded 12/3/98, in Deed Book 190, Page 494. Tax parcel: #26-24-0809-088 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-1084 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EMC MORTGAGE CORPORATION, Plaintiff (s) From WILLIAM T. OTT, JR. & KELLY A. OTT (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $102,018.05 L.L. Interest from 4/24/01 to 6/11/08 (per diem - $16.77) - $43,702.62 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $998.81 Other Costs $3,035.50 Plaintiff Paid Date: 1/07/08 Prothonotary (Seal) By: REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BLVD, SUTIE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 Ab'FIDAVR' or SBR'v1C)t CUMBERLAND COUNTY PLAINTIFF EMC MORTGAGE CORPORATION No. 2041.01084 DEFENDANT(S) WILLIAM T. OTT,'JR. KELLY A. OTT ACCT. 4d4T SERVE IMLY A. OTT AT Type of Action 707 BARBA1tA STREET - Notice of 3heriWa. Sale NEW CUMBERLAND, PA 17070 Sale Dane: JUNE 11,10M ' / n SERVI+:D Served and made known to iC a- C)TT , Defendant, on the day Of i? . 2oofL at 4 ; SS , a'clack ?,m., at -7o-7 f 6Tp4 r I 1 v FEW Ca Ir 8 e &qN D , Commonwealth of Pennsylvanla, in the manner described below: Defendant personally served. Aduk family member with whom Defendant(s) reside(s). Nme and Relationship is. w1 a t JH !}t.?D Aduk In charge *FDefendant(s)'s residence who rofased to give name or relationship, MaNWIClerL of place of lodging in which Defendant(s) reside(s). ,______Agent or person in charge of Defendant(s)'s office or usual pkce of business. an offim of said Defendent(s)'s company. Other: Damiption: Agee 4-1) HW&_,LW" W60t ? n5 Rage _wl _ Sex 'M Qther i. Q1W4-" ! 10 I_l_ , a competent iadak, being duly shorn according to taw, depose and state that I personally handed a true and correct copy of the Notice of Sher[Wa Sale in the manner as set forth hereto, issued In the captioned case on the date and at the address indicated above. Sworn to and sub this of 6_ I ? By. ATT C$ AT L AST 3 TIMM INDICA'T'E DATES R TIMES OF SUVICB ATrEMPTRD. )got,^ry Public State o, iiew .1e" NOT SERWA) PATRICIA E. HARRIS Commission Env duap_1_6?QO of , 200_, at o'clock _an,, Defendant NOT FOUND because: Moved Unknown No Awwar WOW 1't Attempt-, I ! Time,. 2°a Atkl apt: I ! Time: e 3rd Attempt: / I_ Time: Sworn to and subscribed AUna for Plaivitiff before into this day DANIEL G. f1CIIDITBO, lbquire - I.D. No. 62US of _ , 200_. One Penn Center at S ubarban Stattoa, Butte 1400 Notary: By: 1417 John 0'. Keaaody 1loWmrd PbUadel0da, PA 19103.1824 (21? ?-70110 ?e? -T: - i y,Y AFMAVIT OF SERVICE FLAIM IFF EMC MORTGAGE CORPORATION DEFENDANT(S) WILLIAM T. OTT, JR. KELLY A. OTT SERVE WILLIAM T. OTT, JR. AT 707 BARBARA STREET NEW CUMBERL,4ND, PA 17070 CUMBERLAND COUNTY f No. 2001-01OU ACCT. #44739 Type of Action - Notice of s Sde, ;Sdo Date: JUNE 11, 2008 SERVED Served and made known to I i LL 140 T O-tT,-?tQ . DefendaM on do 44--(A day of 2t 1' p at :SS a'clock.F.m.,at..?D"? ? t ZEST fWamAkAt"P Commonwealth of Pcnnsyivank4 in the manner described below., V Defetrdattt personally ae?rt?ad, Adult formly member with whom Defeaadant(s) rosiks). Now and Relationship is Adult in charge of Daku ant(s)'; residence who n&W to give nanro or relationship. M*WerlClerk of piw of lodging in which Defendant(s) reside(s). -Agm or person in charge of Defendant(s)'s ofAoe or usual place of business. an officer of said De%adent(s)'s company. Odser: Description: Age Height -51t)" weight 14 Race Sex [? Olher 11 D 1V&i?b ' X1.0 L- - _ n compatant sdutt, being duly sworn according to law, depaee and on the I personally handed a true, and correct copy of the Notice of Sheriff.4 Salle in the manner as set tbrth herein, issued in the captioned can on the data and at the address indicated above. Sworn to and too this By: of 4SZR E AT ]LEAS T 3 TIMES. INDICATE PATES A TIMES OF SERVICE ATT$lti ffZD. State 0, :dew Jaersey NOT SERVED PATRICIA E. HARRIS CotTm g Expires Jtl?, 2008 aao--, at o'clock-.m, Defendant NOT FOUND because; Moved Unlasown - - -- No Answer 'Vacant I" Attempt; f ! Tithe: Zed Attempts 1 I Time: 3rd Attempt: I / Tune:- Sworn to and subscribed Attaraey for ZhiltiR before me this day DAl+CM L G. SCHMM, Esqub* - LD. X% 62205 of . tot} . One Penn Center at Subarbas Shhsa, Suite 1600 Notary: By: 1617 Jahn F. Stnaedy 110d"ard Pbtladelpbis, PA 14143-1814 (213)563 9000 ?D3 ? ? ? T"t ?.-? _.» 3°q.? ?'= C.a} ?? ?,,,? Z SALE DATE: JUNE 11, 2008 IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EMC MORTGAGE CORPORATION VS. WILLIAM T. OTT, JR. KELLY A. OTT No.: 2001-01084 CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 707 BARBARA STREET, NEW CUMBERLAND, PA 17070. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. I/ 0 4 I DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ziJ :5 b 3cloo lliz IN08:j TPlvW 8002 £OPd? 0?086Z?vOZO oo4*Zo S _ z . 53A7ti08 "mild .? ?`Jy1?Od \`3 d w x aU 1 a Y? c x v fv?''J v? ° •-+ ,p M z ? a air f 0 °7 ? rn 0 cn ? o d a el) ? d U Zn O N p ° A o o tb O a. % . ? ' ce c L ? W ? r N cz, ? x Z O = c O i n Wa U a o Q c d p N H E 41 o w o TA U 3 0 W U) H N v. O r. a H?? 3 - xd o 0 U ? - o 0 2 Q . e O O U? I U a z A L ? d E z d 2 a sr ,t rr ?S C " F-? Yry CJ 1 PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 One Penn Center at Suburban Station - Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Attorney for Plaintiff 15) 561-7000 EMC MORTGAGE CORPORATION COUNTY CUMBERLAND Plaintiff vs NO. 2001-01084 WILLIAM T. OTT, JR. KELLY A. OTT Defendant(s) SUGGESTION OF RECORD C'HANGF RR- DEFENDANT'S NAMF. DANIEL G. SCHMIEG attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief the Defendant's name was erroneously listed as: WILLIAM T. OTT, JR. KELY A. OTT The correct name for the Defendant(s) are: WILLIAM T. OTT, JR. KPLI.Y A. OTT Kindly change the information on the docket. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff CCU CT, C_t? EMC Mortgage Corporation Vs William T. Ott, Jr. and Kelly A. Ott In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-1084 Civil Term Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on March 3, 2008 at 1850 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: William T. Ott, Jr., and Kelly A. Ott, by making known unto Kelly A. Ott personally, and adult in charge for William at 707 Barbara Street, New Cumberland, 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 April 01, 2008 at 1444 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of William T. Ott, Jr. and Kelly A. Ott located at 707 Barbara Street, New Cumberland, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: William T. Ott, Jr. and Kelly A. Ott by regular mail to their last known address of 707 Barbara Street, New Cumberland, PA 17070. This letter was mailed under the date of March 31, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff s Costs: Docketing 30.00 Poundage 17.57 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 32.64 Levy 15.00 Surcharge 30.00 Postpone Sale 40.00 Law Journal 355.00 Patriot News 328.46 Share of Bills 14.73 l ? P?0 ? n ? p $895.90 So Answers: R. Thomas Kline, Sheriff BAJ '?? Real Estate ergeant -7,° a Ck, 6S3?r EMC MORTGAGE CORPORATION Plaintiff, V. WILLIAM T. OTT, JR. . KELLY A. OTT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2001-01084 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) EMC 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 ,707 BARBARA STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name WILLIAM T. OTT, JR. KELLY A. OTT Last Known Address (if address cannot be reasonably ascertained, please indicate) 707 BARBARA STREET NEW CUMBERLAND, PA 17070 707 BARBARA STREET NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 707 BARBARA STREET NEW CUMBERLAND, PA 17070 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 4, 2008 DATE DANIEL G. SCHMI4ESIRE Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 EMC MORTGAGE CORPORATION Plaintiff, V. WILLIAM T. OTT, JR. KELLY A. OTT Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2001-01084 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: ( ) 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 unworn falsification to authorities. t , DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff Y EMC MORTGAGE CORPORATION Plaintiff, V. WILLIAM T. OTT, JR. KELLY A. OTT Defendant(s). TO: WILLIAM T. OTT, JR. 707 BARBARA STREET NEW CUMBERLAND, PA 17070 January 4, 2008 CUMBERLAND COUNTY No. 2001-01084 KELLY A. OTT 707 BARBARA STREET NEW CUMBERLAND, PA 17070 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at, 707 BARBARA STREET, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $102,018.05 obtained by EMC 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, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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 i, Legal Description ALL THAT CERTAIN piece or parcel of land situtate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance with a survey of D.P. Raffensperger Associates, Engineers and Surveyors, dated November 20, 1972 as follows: BEGINNING at a point. on the western line of Barbara Street, which point is 214 feet South of Brandt Avenue; thence along the western line of Barbara Street, South 44 degrees 42 minutes West 63 feet to a point; thence North 45 degrees 18 minutes West 110 feet to a point; thence North 44 degrees 42 minutes East 63 feet to a point; thence South 45 degrees 18 minutes East 110 feet to the point of BEGINNING. BEING 56 feet of Lot No. 8 'and 7 feet of Lot No. 7 on Plan of Forrest Hills, as recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 54. HAVING THEREON ERECTED a one story stucco dwelling house, known as No. 707 Barbara Street, New Cumberland, Pennsylvania. Being known as: 707 Barbara Street, New Cumberland, PA 17070 TITLE TO SAID PREMISES IS VESTED IN William T. Ott, Jr. and Kelly A. Ott, His Wife by Deed from Michael D. Coulson and Pamela J. Coulson, His Wife dated 11/30/98, recorded 12/3/98, in Deed Book 190, Page 494. Tax parcel: #26-24-0809-088 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-1084 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EMC MORTGAGE CORPORATION, Plaintiff (s) From WILLIAM T. OTT, JR. & KELLY A. OTT (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $102,018.05 L.L. Interest from 4/24/01 to 6/11/08 (per diem - $16.77) - $43,702.62 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $998.81 Other Costs $3,035.50 Plaintiff Paid Date: 1/07/08 Prothonotary (Seal) By: REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BLVD, SUTIE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Deputy Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 22 ?>: S LL- LL, On February 19, 2008 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 707 Barbara Street, New Cumberland, More fully described on Exhibit "A" CV Cfiled with this writ and by this reference o- zincorporated herein. - , Cc> O O ev Date: February 19, 2008 By. Real Estat Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 2, May 9, and May 16, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Covne. Editor SWORN TO AND SUBSCRIBED before me this 16 day of May. 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 on& Mem a im Bg Writ No. 2001-1084 Civil EMC Mortgage Corporation VS. William T. Ott, Jr. and Kelly A. Ott Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in the Borough of New Cumberland, County of Cumber- land and State of Pennsylvania, more particularly bounded and described in accordance with a survey of D.P. Raffensperger Associates, Engineers and Surveyors, dated November 20, 1972 as follows: BEGINNING at a point on the western line of Barbara Street, which point is 214 feet South of Brandt Av- enue; thence along the western line of Barbara Street, South 44 degrees 42 minutes West 63 feet to a point; thence North 45 degrees 18 minutes West 110 feet to a point; thence North 44 degrees 42 minutes East 63 feet to a point; thence South 45 degrees 18 minutes East 110 feet to the point of BEGINNING. BEING 56 feet of Lot No.8 and 7 feet of Lot No. 7 on Plan of Forrest Hills, as recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 54. HAVING THEREON ERECTED a one story stucco dwaftg l ouse, known as No. 707 Owbwa met, New Cumberland, Pennsylvania. Being known as: 707 Barba- ra Street, New Cumberland, PA 17070. TITLE TO SAID PREMISES IS VESTED IN William T. Ott, Jr. and Kelly A. Ott, His Wife by Deed from Michael D. Coulson and Pamela J. Coulson, His Wife dated 11/30/98, recorded 12/3/98, in Deed Book 190, Page 494. Tax parcel: #26-24-0809-088. 7.8he P atriot-News Co. 12 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE t4ePatriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. 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 This ad ran on the date(s) shown below: 04/23/08 04/30/08 05/07/08 Sworn to ?ribed before me this 27 day of May, 2008 A. D. _WUJ2,4?- Notary Pubf COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chyde L. ShePPa'Notary Public Cry of Harrisburg, Dauphin Cowry res May 29,20`10 My Commission Expl lvania Association of Notaries Member, Pennsy Real Estate Sale #i22 Writ No. 2001-1084 Civil Tenn EMC Mortgage Corporation VS William T. Ott, Jr. and Kelly A. Ott Attorney: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN piece or parcel of land situtate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance with a survey of D.P. Raffensperger Associates, Engineers and Surveyors, dated November 20, 1972 as follows: BEGINNING at a point on the western line of Barbara Street, which point is 214 feet South of Brandt Avenue; thence along the western lice of Barbara Street, South 44 degrees 42 minutes West 63 feet to a point; thence North 45 degrees 18 minutes West 110 feet to a point; thence North 44 degrees 42 minutes East 63 feet to a point; thence South 45 degrees 18 minutes East 110 feet to the point of BEGINNING. BEING 56 feet of Lot No.8 and 7 feet of Lot No. 7 on Plan of Forrest Hills, as recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 54. HAVING THEREON ERECTED a one story stucco dwelling house, known as No. 707 Barbara Street, New Cumberland, Pennsylvania. Being kam as: 707 Barbara Street,- New Cund arlaad,A 17070x; TITLE TO SAID PREMISES IS VESTED IN William T. Ott, Jr. and Belly A. Ott, His Wife by Deed from Michael, D. Coulson and Pamela J. Coulson, His Wife dated 11/30/98, recorded 12/3/98, in Deed Book 190, Page 494. Tax parcel: #2624-0809-088